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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Asset Management Improvement
Act of 1999''.

TITLE I--IMPROVED PROPERTY MANAGEMENT

SEC. 101. PERFORMANCE MEASUREMENT.

(a) Performance Measures Required.--
(1) In general.--The Administrator, in consultation with
the heads of executive agencies, shall establish performance
measures to determine the effectiveness of Federal property
management. The performance measures shall be designed to--
(A) enable the Congress and heads of executive
agencies to track progress in the achievement of
property management objectives on a governmentwide
basis; and
(B) allow for comparing the performance of
executive agencies against industry and other public
sector agencies in terms of performance.
(2) Use of existing data and data collection tools.--In
developing and implementing the performance measures, the
Administrator shall use existing data sources and automated
data collection tools to the maximum extent practical.
(b) Executive Agencies.--The head of each executive agency shall--
(1) monitor the performance of the agency against the
performance measures established under subsection (a); and
(2) report the results of such monitoring to the Congress
in the agency's budget submission under section 1105 of title
31, United States Code.
(c) Management Plan.--Within 90 days after the date of the
enactment of this Act, the Administrator of General Services shall
submit to the Congress a program management plan describing--
(1) how the program established by this Act will be
implemented;
(2) individuals who will exercise operational authority
over the program;
(3) the qualifications of such individuals; and
(4) a timeline for implementation of the program.

TITLE II--PUBLIC-PRIVATE PARTNERSHIPS

SEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY.

Title II of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the
following:
''Sec. 213. (a) The Administrator may enter into agreements for the
creation of one or more public-private partnerships with a
nongovernmental person, the purpose of which shall be (1) to lease
Federal real property under the terms of subsection (c), and (2) to
develop, rehabilitate, or renovate facilities on such leased property
for the use, in whole or part, by executive agencies. The public-
private partnership may be a limited liability company, limited
partnership, corporation, business trust, or other form of entity, as
the Administrator may designate. The nongovernmental person shall
exercise control of the management of the public-private partnership,
and shall hold a majority interest in ownership and profits of the
public-private partnership.
''(b) Each agreement entered into pursuant to this section--
''(1) shall have as its primary purpose the enhancement of
the functional and economic efficiency of Federal real
property;
''(2) shall be negotiated pursuant to such procedures as
the Administrator considers necessary to promote competition
and protect the public interest;
''(3) shall provide a lease option to the United States to
occupy space in the facilities acquired, constructed, or
rehabilitated by the public-private partnership, but shall not
guarantee occupancy by the United States;
''(4) shall describe the consideration, duties, and
responsibilities for which the United States and the
nongovernmental person are responsible and may provide for the
alteration, repair, or improvement of the real property as part
or all of the consideration of the nongovernmental person,
notwithstanding any provision of law, including the Act of June
30, 1932 (chapter 314; 40 U.S.C. 303b);
''(5) shall provide--
''(A) that the United States shall not be liable
for any actions, debts, or liability of any person
created by such agreement; and
''(B) that no person is authorized by the agreement
to execute any instrument or document creating or
evidencing any indebtedness unless such instrument or
document specifically disclaims any liability of the
United States under the instrument or document; and
''(6) shall provide that the leasehold interests of the
United States are senior to that of any lender to the
nongovernmental person.
Paragraph (6) shall not impair the ability of a public-private
partnership to pledge as collateral its leasehold interest under a
lease with the United States entered into pursuant to the terms of
subsection (c).
''(c)(1) Notwithstanding any other provision of law, including
sections 202 and 203 of this Act, the Administrator may lease real
property to a public-private partnership created under this section in
furtherance of agreements under subsection (a).
''(2) Master leases under this subsection may be for such period as
the Administrator determines appropriate.
''(3) The Administrator may dispose of equity interest controlled
by the United States in any public-private partnership created under
this section whenever determined by the Administrator to be beneficial
to the United States, if the Administrator receives the estimated fair
market value of such interests. Proceeds from such disposal shall be
deposited into the fund created by section 210(f).
''(4) Real property leased under this subsection shall not be
considered unutilized or underutilized for purposes of section 501 of
the Stewart B. McKinney Homeless Assistance Act and may be leased under
this subsection without regard to any other provision of law.
''(d) Notwithstanding any other provision of law, the
Administrator, or his or her designee, may provide services to a
public-private partnership created under this section on such terms as
the Administrator considers appropriate.
''(e)(1) Notwithstanding any other provision of law, the
Administrator may retain and use any revenues derived from agreements
entered into under this section for the physical improvement of Federal
real property.
''(2) At the discretion of the Administrator, revenues from master
leases authorized by this section shall be deposited into the fund
established by section 210(f), or deposited into the general fund of
the Treasury as miscellaneous receipts.
''(3) Net revenues received by the Administrator from public-
private partnerships created under this section, other than proceeds
from master leases of real property, shall be deposited in the fund
established by section 210(f).
''(f) Upon request of the head of an executive agency, the
Administrator shall delegate to the head of the executive agency
authority of the Administrator under subsections (a) through (e).
''(g) The Administrator shall prepare and transmit to the Congress
a business plan regarding each agreement with a nongovernmental person
under this section not later than 30 days before the date on which the
Administrator enters into the agreement. The business plan shall
identify the property that the Administrator proposes to make available
under the agreement, an explanation of the agreement, the name,
resources, and qualifications of the nongovernmental person, the
factors in support of the proposed project, and performance measures by
which the proposed project will be measured.
''(h) The Administrator shall describe, in the budget submitted by
the President pursuant to section 1105 of title 31, United States Code,
the projected economic performance, including expenditures and
receipts, arising from agreements entered into pursuant this section.
''(i) In this section:
''(1) The term 'nongovernmental person' means a person that
is not an executive agency.
''(2) The term 'master lease' means a conveyance of Federal
real property to a public-private partnership created under
this section through a lease entered into by the Administrator
with the public-private partnership.''.

SEC. 202. REPORTS.

(a) Office of the Administrator.--Not later than 5 years after the
date of enactment of this Act, the Administrator of General Services
shall submit to the Congress a report on the use by executive agencies
of the authorities provided by this Act. The report shall--
(1) assess the effectiveness of the authority to enter into
agreements to enhance the value of the properties subject to
the agreements; and
(2) review the performance measures included in the
explanatory statements submitted pursuant to section 201.
(b) Report of the Comptroller General.--Not later than 5 years
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to the Congress a report on the use by
executive agencies of the authorities provided by this Act.
Title II: Public-Private Partnerships
- Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator to enter into agreements for the creation of one or more public-private partnerships to: (1) lease Federal real property; and (2) develop, rehabilitate, or renovate facilities on such property for use by executive agencies. Requires the Administrator to prepare and submit to Congress at least 30 days before entering into such an agreement a business plan regarding each agreement.