[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2805 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2805

To amend the Federal Property and Administrative Services Act of 1949, 
as amended, to enhance Federal asset management, and for other purposes


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2000

 Mr. Thompson (for himself and Mr. Lieberman) (by request) introduced 
the following bill; which was read twice and referred to the Committee 
                        on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Property and Administrative Services Act of 1949, 
as amended, to enhance Federal asset management, and for other purposes

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                          TITLE I--SHORT TITLE

    This Act may be cited as the ``Federal Property Asset Management 
Reform Act of 2000''.

                         TITLE II--DEFINITIONS

    Section 3 of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. Sec. 472), is amended by adding at the 
end the following:
    ``(m) The term `landholding agency' means any Federal agency that, 
by specific or general statutory authority, has jurisdiction, custody, 
and control over real property, or interests therein. The term does not 
include agencies, when they are acting as the sponsors of real property 
conveyances for public benefit purposes pursuant to section 203 of the 
Act (40 U.S.C. Sec. 484).''.

             TITLE III--LIFE CYCLE PLANNING AND MANAGEMENT

    Title II of the Federal Property and Administrative Services Act of 
1949, as amended, is amended by adding at the end thereof the following 
new sections:
    ``Sec. 213. (a) In accordance with the authorities vested in the 
Administrator under section 205(c) of this Act, the Administrator, in 
collaboration with the heads of affected Federal agencies, shall 
establish and maintain current asset management principles to be used 
as guidance by such agencies in making major decisions concerning the 
planning, acquisition, use, maintenance, and disposal of real and 
personal property assets subject to this Act and under the 
jurisdiction, custody and control of such agencies.
    ``(b) In order to accumulate and maintain a single, comprehensive 
descriptive listing of all Federal real property interests under the 
custody and control of each Federal agency, the Administrator, in 
coordination with the heads of affected Federal agencies, shall collect 
such descriptive information, except for classified information, as the 
Administrator deems will best describe the nature, use, and extent of 
the real property holdings of the United States. For purposes of this 
section, real property holdings include all public lands of the United 
States and all real property of the United States located outside the 
States of the Union, to include, but not be limited to the District of 
Columbia, Puerto Rico, American Samoa, Guam, the Trust Territory of the 
Pacific Islands and the Virgin Islands. To facilitate the reporting on 
a uniform basis, the Administrator is authorized to establish data and 
other information technology standards for use by Federal agencies in 
developing or upgrading agency real property information systems.
    ``(c) The listing compiled pursuant to this section shall be public 
record; however, the Administrator is authorized to withhold 
information, including the location of classified facilities, when it 
is determined that withholding such information would be in the public 
interest. Nothing herein shall require the public release of 
information which is exempt from disclosure pursuant to the Freedom of 
Information Act (5 U.S.C. Sec. 552).
    ``(d) Nothing in this section shall authorize the Administrator to 
assume jurisdiction over the acquisition, management, or disposal of 
real property not subject to this Act.
    ``Sec. 214. (a) Within 180 days of the effective date of this 
section, the head of each landholding agency shall appoint, or 
designate from among persons who are employees within such agency, a 
Senior Real Property Officer. The head of any landholding agency who so 
desires may also appoint a Real Property Officer for any major 
component part of an agency, and such Real Property Officers, for the 
purposes of complying with this Act, shall report to the Senior Real 
Property Officer.
    ``(b) The Senior Real Property Officer for each agency shall be 
responsible for continuously monitoring agency real property assets to:
            ``(1) ensure that the management of each asset, including 
        but not limited to its functional use, occupancy, reinvestment 
        requirements and future utility, is fully consistent with and 
        supportive of the goals and objectives set forth in the 
        agency's Strategic Plan required under section 3 of the 
        Government Performance and Results Act of 1993, Public Law 103-
        62 (5 U.S.C. Sec. 306), consistent with the framework provided 
        by the real property asset management principles published by 
        the Administrator pursuant to section 213(a) of this Act, and 
        reflected in an agency asset management plan. The asset 
        management plan shall be prepared according to guidelines 
        issued by the Administrator, shall be maintained to reflect 
        current agency program and budget priorities, and be consistent 
        with capital planning and programming guidance issued by the 
        Office of Management and Budget;
            ``(2) identify real property assets that can benefit from 
        the application of the enhanced asset management tools 
        described in section 216 of this Act;
            ``(3) ensure, in those cases where a real property asset 
        can benefit from application of an enhanced asset management 
        tool, that any resulting transaction will result in a fair 
        return on the Federal Government investment and protect the 
        Federal Government from unreasonable financial or other risks; 
        and
            ``(4) ensure that a listing and description of the real 
        property assets, under the jurisdiction, custody and control of 
        that agency, including public lands of the United States and 
        property located in foreign lands, is provided to the 
        Administrator, along with any other relevant information the 
        Administrator may request, for inclusion in a government-wide 
        listing of all Federal real property interests established and 
        maintained in accordance with section 213(b) of this Act.
    ``(c) Except as otherwise provided by Federal law, prior to a 
Federal agency acquiring any interests in real property from any non-
Federal source, the Senior Real Property Officer of the acquiring 
agency shall give first consideration to available Federal real 
property holdings.''.

   TITLE IV--ENHANCED AUTHORITIES FOR REAL PROPERTY ASSET MANAGEMENT

    Sec. 401. Title II of the Federal Property and Administration 
Services Act of 1949, as amended, is amended by adding at the end 
thereof the following new sections:

``SEC. 215. CRITERIA FOR USING ENHANCED ASSET MANAGEMENT TOOLS.

    ``(a) Subject to the requirements of subsection (b) of this 
section, the head of a landholding agency may apply an enhanced asset 
management tool described in section 216 of this Title to a real 
property interest under the agency's jurisdiction, custody and control 
when the head of the agency has determined that such real property 
interest--
            ``(1) when used to acquire replacement real property, is 
        not excess property within the meaning given in subsection 3(e) 
        of this Act (40 U.S.C. Sec. 472(e));
            ``(2) is used to fulfill or support a continuing mission 
        requirement of the agency; and
            ``(3) can, by applying an enhanced asset management tool, 
        improve the support of such mission.
            ``(b) Before applying an enhanced asset management tool 
        defined in section 216 to a real property interest identified 
        under subsection (a) of this section, the head of the agency 
        shall determine that such application meets all of the 
        following criteria:
            ``(1) supports the goals and objectives set forth in the 
        agency's Strategic Plan required under section 3 of the 
        Government Performance and Results Act of 1993, Public Law 103-
        62 (5 U.S.C. Sec. 306) and the agency's real property asset 
        management plan as required in section 214;
            ``(2) is the most economical and cost effective option 
        available for the use of the real property; and
            ``(3) is documented in a business plan which, commensurate 
        with the nature of the selected tool, analyzes all reasonable 
        options for using the property; takes into account applicable 
        provisions of law including but not limited to the National 
        Environmental Policy Act; and evidences compliance with the 
        requirements of the Stewart B. McKinney Homeless Assistance 
        Act, including (i) describing the result of the determination 
        by the Department of Housing and Urban Development of the 
        suitability of the property for use to assist the homeless; and 
        (ii) explaining the rationale for the landholding agency's 
        decision not to make the property available for use to assist 
        the homeless.

``SEC. 216. ENHANCED ASSET MANAGEMENT TOOLS.

    ``(a) Interagency Transfers or Exchanges.--Any landholding agency 
may acquire replacement real property by transfer or exchange of real 
property subject to this Act with other Federal agencies under terms 
mutually agreeable to the agencies involved.
    ``(b) Sales to or Exchanges With Non-Federal Sources.--Any 
landholding agency may acquire replacement real property by selling or 
exchanging a real property asset or interests therein with any non 
Federal source; provided that: (1) this transaction does not conflict 
with other applicable laws governing the acquisition of interests in 
real property by Federal agencies; (2) the agency first made the 
property available for transfer or exchange to other Federal agencies; 
and (3) the transaction results in the agency receiving fair market 
value consideration, as determined by the agency head, for the asset 
sold or exchanged.
    ``(c) Subleases.--The head of any landholding agency, by lease, 
permit, license or similar instrument, may make available to other 
Federal agencies and to non-Federal entities the unexpired portion of 
any government lease for real property; provided that the term of any 
sublease shall not exceed the unexpired portion of the term of the 
original government lease of the property and the sublease results in 
the agency receiving fair market rental value for the asset. Prior to 
subleasing to any private person or private sector entity, the Federal 
landholding agency shall give consideration to the needs of the 
following entities with the needs of entities listed in paragraph (1) 
being considered before the needs of entities listed in paragraph (2):
            ``(1) First priority.--The needs of each of the following 
        entities, equally, shall be given first priority by the agency:
                    ``(A) Federal agencies; and
                    ``(B) Indian tribes (as defined by section 4 of the 
                Indian Health Care Improvement Act (25 U.S.C. 1603)), 
                urban Indian organizations (as defined by that 
                section), and tribal organizations (as defined by 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act of (25 U.S.C. 450b)) when the 
                property is to be used in connection with an Indian 
                self-determination contract or grant pursuant to the 
                Indian Self-Determination Act (25 U.S.C. 45f et seq.); 
                and
                    ``(C) urban Indian organizations (defined as in 
                subparagraph (B)) when the property is to be used in 
                connection with a contract or grant pursuant to title V 
                of the Indian Health Care Improvement Act (25 U.S.C. 
                1651 et seq.).
        ``(2) Second priority.--The needs of each of the following 
        entities, equally, shall be given second priority by the 
        agency:
                    ``(A) State and local governments; and
                    ``(B) Indian tribes, tribal organizations, and 
                urban Indian organizations (defined as in paragraph 
                (1)(B)) when the property is to be used other than as 
                described in paragraph (1).
    ``(d) Outleases.--The head of any landholding agency may make 
available by outlease agreements with other Federal agencies and non-
Federal entities any unused or underused portion of or interest in any 
agency real and related personal property after finding that (i) 
there is no long-term mission requirement for the property, but the 
Federal Government is not permitted to dispose of it; or (ii) there is 
a continuing long-term mission requirement for the property to remain 
in Government ownership but no known agency need for the property over 
the term of the outlease and (iii) the use of the real property by the 
lessee will not be inconsistent with the statutory mission of the 
landholding agency; provided that such an outlease transaction is 
conducted competitively.
            ``(1) Outlease agreement.--Any outlease agreements 
        authorized under this subsection:
                    ``(A) shall be for a term no longer than 20 years; 
                with the exception that property that cannot be sold 
                may be outleased for up to 35 years provided any such 
                agency head determination of whether property cannot be 
                sold shall be based on criteria established by the 
                Administrator;
                    ``(B) shall result in the agency receiving fair 
                market value consideration, as defined by the agency 
                head, for the asset, including cash, services, and/or 
                in-kind consideration;
                    ``(C) shall not provide a leaseback option to the 
                Federal Government to occupy space in any facilities 
                acquired, constructed, repaired, renovated or 
                rehabilitated by the non-governmental entity, unless 
                the net present value, including the market value of 
                the land provided through the outlease, of such an 
                outlease and leaseback arrangement is less expensive 
                for the Federal Government than a simple Government-
                financed renovation or construction project; provided 
                further that any subsequent agreements to leaseback 
                space in such facilities must be in accordance with the 
                competition requirements of title III of this Act (41 
                U.S.C. Sec. 253 et seq.) and meet the guidelines for 
                operating leases set forth in Conference Report No. 
                105-217, to accompany the Balanced Budget Act of 1997.
                    ``(D) shall provide (i) that neither the United 
                States, nor its agencies or employees, shall be liable 
                for any actions, debts or liability of the lessee, and 
                (ii) that the lessee shall not be authorized to execute 
                and shall not execute any instrument or document 
                creating or evidencing any indebtedness unless such 
                instrument or document specifically disclaims any 
                liability of the United States, and of any Federal 
                agency or employee, thereunder; and
                    ``(E) may contain such other terms and conditions 
                as the head of the agency making the property available 
                deems necessary to protect the interests of the Federal 
                Government.
            ``(2) Order of consideration.--In making property available 
        for outlease, the landholding agency shall follow the order of 
        consideration listed in subsection (c) of this section.
            ``(3) Prerequisites to agreements.--Prior to the head of 
        any landholding agency executing any agreement authorized under 
        subsection (d) of this section which would result in the 
        development or major rehabilitation/renovation of Federal 
        assets in partnership with a non-Federal entity, the head of 
        such agency shall undertake an analysis of the proposed 
        arrangement or transaction, which provides that any Federal 
        real property, financial capital or other resources committed 
        to the transaction are not placed at unreasonable financial 
        risk or legal jeopardy.
            ``(4) Other authorities.--The authority under this 
        subsection shall not be construed to affect any other authority 
        of any agency to outlease property or to otherwise make 
        property available for any reason.

``SEC. 217. FORMS OF CONSIDERATION.

    Notwithstanding any other provision of law, the forms of 
consideration received from an enhanced asset management tool as 
described in section 216 may include cash or cash equivalents, in-kind 
assets, services, or any combination thereof.

``SEC. 218. TRANSACTIONAL REPORTS.

    For those transactions authorized under section 216 involving the 
sale, exchange or outlease to a non-Federal source of any asset valued 
in excess of $2 million at the time of the transaction, the head of the 
landholding agency sponsoring the transaction shall submit the business 
plan required by subsection 215(b)(3) to the Office of Management and 
Budget and to the appropriate Committees of the United States Senate 
and the House of Representatives at least 30 calendar days prior to 
final execution of such transaction. The $2 million reporting threshold 
in this subsection may be adjusted upward or downward by the 
Administrator to reflect the annual inflation/deflation factor as 
determined by the Department of Commerce Consumer Price Index.

``SEC. 219. ANNUAL REPORTS.

    The head of each landholding agency shall include a list of all 
transactions using enhanced asset management tools under section 216 
during the previous fiscal year with the materials the agency annually 
submits under section 3515 of title 31, United States Code.''.
    Sec. 402. Section 321 of the Act of June 30, 1932, 47 Stat. 412 (40 
U.S.C. Sec. 303b), is repealed.
    Sec. 403. Section 203(b) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. Sec. 484(b)), is amended to 
read as follows:
    ``(b)(1) The care and handling of surplus personal property, 
pending its disposition, and the disposal of such property, may be 
performed by the General Services Administration or, when so determined 
by the Administrator, by the executive agency in possession thereof or 
by any other executive agency consenting thereto.
    ``(2) The responsibilities and authorities for the care and 
handling of surplus real and related personal property, pending its 
disposition, and for the disposal of such property, provided to the 
Administrator elsewhere in this Act, are hereby transferred to the head 
of the landholding agency. The head of the landholding agency may 
request the General Services Administration or any other entity to 
provide disposal services, as long as the landholding agency retains 
the authority to make disposal decisions and agrees to reimburse the 
related disposal costs. The head of the affected landholding agency may 
also delegate the authority to manage the disposal process (including 
responsibility for the related disposal costs) and to make disposal 
decisions to the General Services Administration. In the latter event, 
the landholding agency foregoes any claim to any related disposal 
proceeds pursuant to section 204 of this Act and the General Services 
Administration, after deducting any disposal expenses incurred, shall 
deposit any net proceeds in the Treasury. The Administrator of General 
Services retains the authority to promulgate general policies and 
procedures for disposing of such property. These policies and 
procedures shall require that the General Services Administration:
            ``(A) notify the agencies responsible elsewhere in this Act 
        for sponsoring public benefit conveyances of the availability 
        of excess property as soon as it has been declared excess and 
        solicit their input on whether their public benefit represents 
        the highest and best use of such property;
            ``(B) serve as the central point of contact for agencies, 
        prospective donees, and the public on the availability of 
        surplus property as soon as it has been declared surplus;
            ``(C) assure that the agencies with the authority to make 
        disposal decisions give full consideration to the public 
        benefit uses or surplus Federal property in making their 
        disposal decisions; and
            ``(D) serve as a clearinghouse for information on all 
        phases of the surplus property disposal process, including 
        appeals from sponsoring agencies and prospective donees that 
        insufficient consideration was given to public benefit 
        donations.''.

     TITLE V--INCENTIVES FOR REAL AND PERSONAL PROPERTY MANAGEMENT 
                              IMPROVEMENT

    Sec. 501. Section 204 of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. Sec. 485), is amended as 
follows:
    (a) in paragraph (2) of subsection (h) by striking ``(b)'' and 
inserting in lieu thereof ``(c)'', and by striking the phrase ``, to 
the extent provided in appropriations Acts,'';
    (b) by revising subsection (i) to read as follows: ``Federal 
agencies may retain from the proceeds of the sale of personal property 
amounts necessary to recover, to the extent practicable, the full 
costs, direct and indirect, incurred by the agencies in disposing of 
such property including but not limited to the costs for warehousing, 
storage, environmental services, advertising, appraisal, and 
transportation. Such amounts shall be deposited into an account 
available for such expenses without regard to fiscal year limitations. 
Amounts that are not needed to pay such costs shall be transferred at 
least annually to the general fund or to a specific account in the 
Treasury as required by statute.'';
    (c) by redesignating subsections (c), (d), (e), (f), (g), (h), and 
(i), as subsections (d), (e), (f), (g), (h), (i), and (j), 
respectively; and
    (d) by striking subsections (a) and (b) and by inserting in lieu 
thereof the following subsections (a), (b), and (c):

``SEC. 204. PROCEEDS FROM TRANSFER OR DISPOSITION OF PROPERTY.

    ``(a)(1) Agency Retention of Proceeds From Real Property.--Proceeds 
resulting from the transfer or disposition of real and related property 
under this Title shall be credited to the fund, account or 
appropriation of the agency which made the property available and shall 
be treated as provided in subsections (b) and (c) of this section.
    ``(2) Proceeds From Personal Property.--Proceeds from any transfer 
of excess personal property to a Federal agency or from any sale, 
lease, or other disposition of surplus personal property shall be 
treated as prescribed in subsection (j) or permitted by law or 
otherwise.
    ``(3) Other Proceeds.--All proceeds under this title not deposited 
or credited to a specific agency account, shall be covered into the 
Treasury as miscellaneous receipts except as provided in subsections 
(d), (e), (f), (g), (h), (i), and (j) of this section or permitted by 
law or otherwise.
    ``(b) Monetary Proceeds to Agency Capital Asset Accounts.--Monetary 
proceeds received by agencies from the transfer or disposition of real 
and related personal property shall be credited to an existing account 
or an account to be established in the Treasury to pay for the capital 
expenditures of the particular agency making the property available, 
which account shall be known as the agency's capital asset account. 
Subject to subsection (c), any amounts credited or deposited to such 
account under this section, along with such other amounts as may be 
appropriated or credited from time to time in annual appropriations 
acts, shall be devoted to the sole purpose of funding that agency's 
capital asset expenditures, including any expenses necessary and 
incident to the agency's real property capital acquisitions, 
improvements, and dispositions, and such funds shall remain available 
until expended, in accordance with the agency's asset management plan 
as required in section 214, without further authorization: Provided, 
That monies from an exchange or sale of real property, or a portion of 
a real property holding, under subsection 216(b) of this Act shall be 
applied only to the replacement of that property or to the 
rehabilitation of the portion of that real property holding that 
remains in Federal ownership.''.
    ``(c) Transactional and Other Costs.--Agencies may be reimbursed, 
from the monetary proceeds of real property dispositions or from other 
available resources including from the agency's capital asset account, 
the full costs, direct and indirect, to the agency of disposing of such 
property, including but not limited to the costs of site remediation or 
other environmental services, relocating affected tenants and 
occupants, advertising, surveying, appraisal, brokerage, historic 
preservation services, title insurance, document notarization and 
recording services and the costs of managing leases and providing 
necessary services to the lessees.''.
    Sec. 502. Nothing in Act shall be construed to repeal or supersede 
any other provision of Federal law directing the use of proceeds from 
specific real property transactions or directing how or where a 
particular Federal agency is to deposit, credit or use the proceeds 
from the sale, exchange or other disposition of Federal property except 
as expressly provided for herein.
    Sec. 503. (a) Section 2(a) of the Land and Water Conservation Act 
of 1965 as amended (16 U.S.C. Sec. 4601-5(a)), is superseded only to 
the extent that the Federal Property and Administrative Services Act of 
1949, as amended, or a provision of this Act, provide for an 
alternative disposition of the proceeds from the disposal of any 
surplus real property and related personal property subject to this 
Act, or the disposal of any interest therein.
    (b) Subsection 3302(b) of title 31, United States Code, is 
superseded only to the extent that this Act or any other Act provides 
for the disposition of money received by the Government.
    Sec. 504. For purposes of implementing title V of this Act, the 
following shall apply:
    (a) For fiscal years 2001 through 2005, OMB shall allocate by 
agency a prorata share of the baseline estimate of total surplus real 
property sales receipts transferred to the Land and Water Conservation 
Fund that were contained in the President's Budget for Fiscal year 
2001, made pursuant to section 1109 of title 31 U.S. Code. OMB shall 
notify the affected agencies and Appropriation Committees of the U.S. 
House of Representatives and Senate in writing of this allocation 
within 30 days of enactment of this Act and shall not subsequently 
revise the allocation.
    (b) On September 30 of each fiscal year, each agency shall transfer 
to the Treasury an amount equal to its allocation for that fiscal year, 
out of the proceeds realized from any sales of the agency's surplus 
real property assets during that fiscal year.
    (c) If an agency's actual sale proceeds in any fiscal year are less 
than the amount allocated to it by OMB for that fiscal year, the agency 
shall transfer all of its sale proceeds to the Treasury, and its 
allocation for the subsequent fiscal year shall be increased by the 
difference.
    (d) On September 30, 2005, if an agency has transferred less sale 
proceeds to the Treasury than its total allocation for the five years, 
the agency shall transfer the difference out of any other funds 
available to the agency.

        TITLE VI--STREAMLINED AND ENHANCED DISPOSAL AUTHORITIES

    Sec. 601. (a) Section 203 of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. Sec. 484), 
is amended in paragraph (k)(3) as follows--
            (1) by striking ``or municipality'' and inserting in lieu 
        thereof ``municipality, or qualified nonprofit organization 
        established for the primary purpose of preserving historic 
        monuments''; and
            (2) by inserting after the first sentence ``Such property 
        may be conveyed to a nonprofit organization only if the States, 
        political subdivision, instrumentalities thereof, and 
        municipality in which the property is located do not request 
        conveyance under this section within thirty days after notice 
        to them of the proposed conveyance by the Administrator to that 
        nonprofit organization.''.
    (b) Section 203 of the Federal Property and Administrative Services 
Act of 1949, as amended (40 U.S.C. Sec. 484), is amended by revising 
paragraph (k)(4)(C) to read as follows--
                    ``(C) the Secretary of the Interior, in the case of 
                property transferred pursuant to the surplus Property 
                Act of 1944, as amended, and pursuant to this Act, to 
                States, political subdivisions, and instrumentalities 
                thereof, and municipalities for use as a public park or 
                public recreation area, and to State, political 
                subdivisions, and instrumentalities thereof, 
                municipalities, and nonprofit organizations for use as 
                an historic monument for the benefit of the public; 
                or''.
    Sec. 602. (a) Section 203 of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. Sec. 484), 
is amended in subsection (e) as follows--
            (1) by striking subparagraphs (3)(A), (3)(B), (3)(C) and 
        (3)(E);
            (2) by redesignating subparagraph (3)(D) and subparagraphs 
        (3)(F) through (3)(I), as subparagraphs (3)(A) through (3)(E), 
        respectively;
            (3) by amending redesignated subparagraph (3)(E) to read as 
        follows:
                    ``(E) otherwise authorized by this Act or other law 
                or with respect to personal property deemed 
                advantageous to the Government.''; and
            (4) by amending subparagraph (6)(A) to read as follows:
            ``(6)(A) An explanatory statement shall be prepared of the 
        circumstances of each disposal by negotiation of any real 
        property that has an estimated fair market value in excess of 
        the threshold value for which transactional reports are 
        required under section 218.''; and
            (5) by deleting subparagraphs (6)(C) and (6)(D).
    (b) Section 203 of the Federal Property and Administrative Services 
Act of 1949, as amended, is further amended by adding to the end 
thereof the following new subsection:
    ``(s) The authority of any department, agency, or instrumentality 
of the executive branch or wholly owned Government corporation to 
convey or give surplus real and related personal property for public 
airport purposes under subchapter II of title 49, United States Code, 
shall be subject to the requirements of this Act, and any surplus real 
property available for conveyance under that subchapter shall first be 
made available to the Administrator for disposal under this section, 
including conveyance for any public benefit purposes, including public 
airport use, as the Administrator, after consultation with the affected 
agencies, deems advisable.''.
    Sec. 603. Subsection 201(c) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 
Sec. 481(c)), is revised to read as follows:
    ``(c) In acquiring personal property or related services, or a 
combination thereof, any executive agency, under regulations to be 
prescribed by the Administrator, subject to regulations prescribed by 
the Administrator for Federal Procurement Policy pursuant to the Office 
of Federal Procurement Policy Act (41 U.S.C. Sec. 401 et seq.), may 
exchange or sell personal property and may apply the exchange allowance 
or proceeds of sale in such cases in whole or in part payment for 
similar property or related services, or a combination thereof, 
acquired: Provided, That any transaction carried out under the 
authority of this subsection shall be evidenced in writing. Sales of 
property pursuant to this subsection shall be governed by subsection 
203(e) of this title, and shall be exempted from the provisions of 
section 5 of title 41.''.
    Sec. 604. Subsection 202(h) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 
Sec. 483(h)), is amended to read as follows:
    ``(h) the Administrator may authorize the abandonment, destruction, 
or other disposal of property which has no commercial value or of which 
the estimated cost of continued care and handling would exceed the 
estimated fair market value.''.
    Sec. 605. Subsection 203(j) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 
Sec. 484(j)), is further amended as follows:
    (a) Paragraph (j)(1) is amended--
            (1) by striking the phrase ``the fair and equitable 
        distribution, through donation,'' and inserting in lieu thereof 
        ``donation on a fair and equitable basis''; and
            (2) by striking ``paragraphs (2) and (3)'' and inserting in 
        lieu thereof ``paragraph (2)''.
    (b) Paragraph (j)(2) is deleted.
    (c) Paragraph (j)(3) is renumbered (j)(2) and amended as follows:
            (1) by deleting the introductory paragraph and inserting in 
        lieu thereof the following:
            ``(2) The Administrator shall, pursuant to criteria which 
        are based on need and utilization and established after such 
        consultation with State agencies as is feasible, allocate 
        surplus personal property among the States on a fair and 
        equitable basis, taking into account the condition of the 
        property as well as the original acquisition cost thereof, and 
        transfer to the State agency property selected by it for 
        purposes of donation within the State--'';
            (2) in subparagraph (B) by--
                    (A) deleting ``providers of assistance to homeless 
                individuals, providers of assistance to families or 
                individuals whose annual incomes are below the poverty 
                line (as that term is defined in section 673 of the 
                Community Services Block Grant Act),'';
                    (B) striking out ``schools for the mentally 
                retarded, schools for the physically handicapped'' and 
                by inserting in lieu thereof ``schools for persons with 
                mental or physical disabilities'';
                    (C) striking the word ``and'' before ``libraries''; 
                and
                    (D) inserting ``and educational activities 
                identified by the Secretary of Defense as being of 
                special interest to the Armed Services,'' following the 
                word ``region,''; and
            (3) by adding a new subparagraph (C) to read as follows:
                    ``(C) to nonprofit institutions or organizations 
                which are exempt from taxation under section 501 of 
                title 26, and which have for their primary function the 
                provision of food, shelter, or other necessities to 
                homeless individuals or families or individuals whose 
                annual income is below the poverty line (as that term 
                is defined in section 673 of the Community Services 
                Block Grant Act) for use in assisting the poor and 
                homeless.''.
    (d) Paragraph (j)(4) is renumbered (j)(3) and amended as follows:
            (1) in subparagraph (C)(ii) by inserting before the period 
        at the end thereof the following: ``: Provided, That such 
        requirement shall not apply to property identified by the 
        Administrator in subparagraph (E) of this paragraph as property 
        for which no terms, conditions, reservations, or restrictions 
        shall be imposed.'';
            (2) by deleting subparagraph (E) and inserting the 
        following new paragraph:
                    ``(E) The State plan of operation shall provide 
                that the State agency may impose reasonable terms, 
                conditions, reservations, and restrictions on the use 
                of property to be donated under paragraph (2) of this 
                subsection and shall impose such terms, conditions, 
                reservations, and restrictions as required by the 
                Administrator. The Administrator shall determine the 
                condition, age, value, or cost of property for which no 
                terms, conditions, reservations or restrictions shall 
                be imposed and for property so identified, title shall 
                pass to the recipient immediately upon transfer by the 
                State agency. If the Administrator finds that an item 
                or items have characteristics that require special 
                handling or use limitations, the Administrator may 
                impose appropriate conditions on the donation of such 
                property.''.
    (e) Paragraph (j)(5) is renumbered (j)(4).
    Sec. 606. (a) Section 501 of the Stewart B. McKinney Homeless 
Assistance Act, as amended, and as codified at section 11411 of title 
42, United States Code, is amended as follows:
            (1) in the first sentence of subsection (a), by inserting 
        before the period the following:'', and that have not been 
        previously reported on by an agency under this subsection'';
            (2) in the second sentence of subsection (a), by inserting 
        after ``to the Secretary'' the following: ``, which shall not 
        include information previously reported on by an agency under 
        this subsection'';
            (3) in subsection (b)(1), (c)(1)(A), and (c)(2)(A), by 
        striking ``45'' and inserting ``30'';
            (4) in subsection (c)(1)(A)(i), by inserting after ``(a)'' 
        the following: ``that have not been previously published'';
            (5) in subsection (c)(1)(A)(ii), by inserting after 
        ``properties'' the following: ``which have not been previously 
        published'';
            (6) by striking subsections (c)(1)(D) and (c)(4);
            (7) in subsections (d)(1) and (d)(2), by striking ``60'' 
        and inserting ``90'';
            (8) in subsection (d)(4)(A), by striking ``after the 60-day 
        period described in paragraph (1) has expired.'' and inserting 
        ``during the 90-day period described in paragraph (1).'' and by 
        striking the remainder of the paragraph;
            (9) in subsection (e)(3), by inserting the following 
        sentence immediately after the first sentence: ``The Secretary 
        of Health and Human Services shall give a preference to 
        applications that contain a certification that their proposal 
        is consistent with the local Continuum of Care strategy for 
        homeless assistance.'';
            (10) in subsection (h) heading, by striking ``Applicability 
        to Property Under Base Closure Process'' and inserting 
        ``Exemptions''; and
            (11) in subsection (h), by adding the following new 
        paragraph at the end:
            ``(3) The provisions of this section shall not apply to 
        buildings and property that are--
                    ``(A) in a secured area for national defense 
                purposes; or
                    ``(B) inaccessible by road and can be reached only 
                by crossing private property.''.
    (b) Within 30 days of the date of enactment of this section, the 
Secretary of Housing and Urban Development shall survey landholding 
agencies to determine whether the properties included in the last 
comprehensive list of properties published pursuant to section 
501(c)(1)(A) of the Stewart B. McKinney Homeless Assistance Act remain 
available for application for use to assist the homeless. The Secretary 
shall publish in the Federal Register a list of all such properties. 
Such properties shall remain available for application for use to 
assist the homeless in accordance with sections 501(d) and 501(e) of 
such Act (as amended by subsection (a) of this section) as if such 
properties had been published under section 501(c)(1)(A)(ii) of such 
Act.

                        TITLE VII--MISCELLANEOUS

    Sec. 701. Scope and Construction.--The authorities granted by this 
Act to the head of Federal agencies for the management of real and 
personal property and the conduct of transactions involving such 
property, including the disposition of the proceeds therefrom, shall be 
in addition to, and not in lieu of, any authorities provided in any law 
existing on the date of enactment hereof. Except as expressly provided 
herein, nothing in this Act shall be construed to repeal or supersede 
any such authorities.
    Sec. 702. Severability.--Although this Act is intended to be 
integrated legislation, should any portion or provision of this Act be 
found to be invalid or otherwise unenforceable by a court of competent 
jurisdiction, such portion or portions of this Act shall be considered 
independent and severable for all other provisions of this Act and such 
invalidity shall not, by itself, invalidate any other provisions of 
this Act, which remaining provisions shall have the full force and 
effect of law.
    Sec. 703. Judicial Review.--Any determination or any asset 
management decision by an authorized agency official to transfer, 
outlease, sell, exchange or dispose of Federal real property or an 
interest therein in accordance with applicable law shall be at the sole 
discretion of the authorized agency official and shall not be the basis 
of any suit, claim or action.
    Sec. 704. No Waiver.--Nothing in this Act should be construed to 
limit or waive any right, remedy, immunity, or jurisdiction of any 
Federal agency or any claim, judgment, lien or benefit due the United 
States of America.
    Sec. 705. Effective Date.--This Act and the amendments made by its 
provisions shall be effective upon enactment except as otherwise 
specifically provided for herein.
                                 <all>