[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2573 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2573

     To amend title 40, United States Code, to make reforms in the 
          management and development of Federal real property.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2003

 Mr. LaTourette (for himself, Ms. Norton, Mr. Young of Alaska, and Mr. 
  Oberstar) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend title 40, United States Code, to make reforms in the 
          management and development of Federal real property.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Private Partnership Act of 
2003''.

SEC. 2. FEDERAL REAL PROPERTY DEVELOPMENT.

    (a) In General.--Part A of subtitle II of title 40, United States 
Code, is amended by adding at the end the following:

            ``CHAPTER 39--FEDERAL REAL PROPERTY DEVELOPMENT

``Sec.
``3901. Definitions.
``3902. Agreements with non-Federal entities.
``3903. Sunset.
``Sec. 3901. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Excess property.--The term `excess property' has the 
        meaning given such term by section 102.
            ``(2) Federal buildings fund.--The term `Federal Buildings 
        Fund' means the fund established by section 592.
            ``(3) Landholding agency.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `landholding agency' means any executive agency 
                that, by specific or general statutory authority, has 
                jurisdiction over property that is real property.
                    ``(B) Exclusions.--The term `landholding agency'--
                            ``(i) does not include an executive agency 
                        with respect to the agency--
                                    ``(I) disposing of an interest in 
                                real property for public benefit 
                                purposes pursuant to section 545;
                                    ``(II) holding lands in trust or 
                                restricted fee status for individual 
                                Indians or Indian tribes; or
                                    ``(III) having jurisdiction over 
                                National Park System lands, National 
                                Forest System lands, or National 
                                Wildlife Refuge System lands; and
                            ``(ii) does not include the Bureau of Land 
                        Management.
            ``(4) Property.--The term `property' has the meaning given 
        such term by section 102, and includes public buildings and the 
        occupied or improved grounds of the United States generally.
``Sec. 3902. Agreements with non-Federal entities
    ``(a) Authority To Enter Into Agreements.--
            ``(1) In general.--Subject to the requirements of this 
        section, the Administrator of General Services may enter into 
        agreements with non-Federal entities to provide for--
                    ``(A) the acquisition, lease, construction, 
                rehabilitation, operation, maintenance, or use of real 
                property under the jurisdiction of the General Services 
                Administration or another landholding agency; or
                    ``(B) such other activities related to the real 
                property as the Administrator considers appropriate.
            ``(2) Landholding agencies other than gsa.--In the case of 
        real property under the jurisdiction of a landholding agency 
        other than the General Services Administration, the 
        Administrator may enter into an agreement under this subsection 
        only upon the written request of the head of the landholding 
        agency.
    ``(b) Eligibility of Real Property.--The Administrator may enter 
into an agreement under subsection (a) with respect to real property 
only if the head of the landholding agency with jurisdiction over the 
property determines in writing that the real property is not excess 
property.
    ``(c) Terms and Conditions.--An agreement entered into under 
section (a) with respect to real property under the jurisdiction of a 
landholding agency--
            ``(1) shall have as its primary purpose enhancing the value 
        of the real property to the United States;
            ``(2) shall provide that any obligation of an agency under 
        the agreement is subject to the availability of appropriated 
        funds or the availability of receipts authorized by subsection 
        (h);
            ``(3) shall be for a term that is not longer than 50 years;
            ``(4) shall be negotiated pursuant to such procedures as 
        the Administrator considers necessary to ensure the integrity 
        of the selection process and to protect the interests of the 
        United States;
            ``(5) shall support the goals and objectives set forth in a 
        plan to be developed by the landholding agency to improve real 
        property management decisions, reduce costs, and maximize 
        portfolio performance, which plan shall address, at a minimum, 
        life cycle planning and preservation of asset value;
            ``(6) may provide a lease option to the United States, to 
        be exercised at the discretion of the Administrator, to occupy 
        any office, storage, or other space in a facility covered under 
        the agreement that may be suitable for use by one or more 
        Federal agencies;
            ``(7) shall not provide, unless specifically determined 
        otherwise by the Administrator, that ownership of a facility 
        covered under the agreement be transferred to the United States 
        at or shortly after the expiration of any lease of the facility 
        to the United States, but may provide that ownership of the 
        facility be transferred to the United States before the 
        expiration of the agreement;
            ``(8) shall describe the consideration, duties, and 
        responsibilities for which the United States and the non-
        Federal entity are responsible;
            ``(9) shall provide--
                    ``(A) that the United States will not be liable for 
                any action, debt, or liability of any entity created by 
                the agreement; and
                    ``(B) that the non-Federal entity may not 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
            ``(10) shall include such other terms and conditions as the 
        Administrator considers appropriate.
    ``(d) Consideration.--
            ``(1) In general.--An agreement entered into under 
        subsection (a) shall be for fair consideration, as determined 
        by the Administrator.
            ``(2) In-kind consideration.--Consideration under such an 
        agreement may be provided in whole or in part through in-kind 
        consideration, including provision of space, goods, or services 
        of benefit to the United States. Such services may include 
        construction, repair, remodeling, or other physical 
        improvements of Federal property, maintenance of Federal 
        property, or the provision of office, storage, or other usable 
        space.
    ``(e) Authority To Convey.--In carrying out an agreement entered 
into under subsection (a), the Administrator may convey interests in 
real property, by lease or exchange, to a non-Federal entity.
    ``(f) Relationship to Other Laws.--
            ``(1) Requirement for congressional approval.--An agreement 
        entered into under subsection (a) shall not be subject to 
        section 3307.
            ``(2) Waiver authority.--
                    ``(A) In general.--In carrying out this section, 
                the Administrator may waive requirements of Federal law 
                relating to the acquisition, lease, construction, 
                rehabilitation, operation, maintenance, or use of real 
                property if the Administrator determines, in writing, 
                that the waiver is necessary to achieve the purposes of 
                this section.
                    ``(B) Limitation.--Nothing in subparagraph (A) 
                shall be construed to authorize the Administrator to 
                waive a requirement of Federal law relating to the 
                environment, labor, or historic preservation.
                    ``(C) Prohibition on delegation.--The Administrator 
                may not delegate the authority granted under 
                subparagraph (A).
    ``(g) Reporting Requirement.--
            ``(1) In general.--Before entering into an agreement under 
        subsection (a), the Administrator shall transmit to Congress a 
        report on the proposed agreement.
            ``(2) Contents.--A report transmitted under this subsection 
        shall include--
                    ``(A) a summary of a cost-benefit analysis of the 
                proposed agreement;
                    ``(B) a statement of the fair market value of any 
                real property covered under the proposed agreement;
                    ``(C) a description of the provisions of the 
                proposed agreement, including the consideration 
                received;
                    ``(D) a description of actions to be taken under 
                the proposed agreement to comply with applicable 
                Federal laws, including environmental, historic 
                preservation, and labor laws;
                    ``(E) a description of how the proposed agreement 
                departs from standard agency practices relating to the 
                acquisition, lease, construction, rehabilitation, 
                operation, maintenance, or use of real property 
                otherwise authorized under this part; and
                    ``(F) a description of the extent to which the 
                proposed agreement is consistent with State and local 
                zoning requirements.
            ``(3) Review by congress.--A proposed agreement under 
        subsection (a) may not become effective before the earlier of--
                    ``(A) the end of a 45-day period of continuous 
                session of Congress following the date of the 
                transmittal of a report on the agreement under this 
                subsection; or
                    ``(B) the end of the 60-day period following such 
                date of transmittal.
        For purposes of subparagraph (A), continuity of a session of 
        Congress is broken only by an adjournment sine die, and there 
        shall be excluded from the computation of such 45-day period 
        any day during which either House of Congress is not in session 
        during an adjournment of more than 5 days to a day certain.
    ``(h) Proceeds.--
            ``(1) Deposit in federal buildings fund.--
                    ``(A) Proceeds from real property of gsa.--Net 
                proceeds from an agreement entered into under 
                subsection (a) involving real property under the 
                jurisdiction of the General Services Administration 
                shall be deposited into the Federal Buildings Fund.
                    ``(B) Proceeds from real property of other 
                landholding agencies.--Net proceeds from an agreement 
                entered into under subsection (a) involving real 
                property under the jurisdiction of a landholding agency 
                other than the General Services Administration shall be 
                deposited into a separate account in the Federal 
                Buildings Fund to be established for the landholding 
                agency by the Secretary of the Treasury.
            ``(2) Administration of amounts.--
                    ``(A) In general.--Amounts deposited into the 
                Federal Buildings Fund under this subsection, including 
                amounts deposited into an account established for a 
                landholding agency under paragraph (1)(B), shall be 
                administered and expended, subject to appropriations 
                Acts, as part of the Federal Buildings Fund.
                    ``(B) Use of amounts in agency accounts.--Amounts 
                deposited into an account established for a landholding 
                agency under paragraph (1)(B) are authorized to be 
                appropriated to the Administrator of General Services 
                for real property management and related activities of 
                the landholding agency, at the written request of the 
                head of the landholding agency.
            ``(3) Recovery of expenses.--
                    ``(A) Expenses of gsa.--The Administrator may 
                retain from the proceeds of any agreement entered into 
                under subsection (a) amounts necessary to recover the 
                expenses incurred by the Administrator with respect to 
                the agreement. Such amounts shall be deposited into the 
                account in the Treasury from which the Administrator 
                incurred the expenses.
                    ``(B) Expenses of other landholding agencies.--In 
                the case of an agreement entered into under subsection 
                (a) involving real property under the jurisdiction of a 
                landholding agency other than the General Services 
                Administration, the Administrator shall reimburse the 
                agency, out of the proceeds of the agreement, for 
                expenses incurred by the agency with respect to the 
                real property. Such amounts shall be deposited into the 
                account in the Treasury from which the agency incurred 
                the expenses.
            ``(4) Net proceeds.--In this section, the term `net 
        proceeds' means, with respect to an agreement entered into 
        under this section, the proceeds from the agreement minus the 
        expenses incurred by the General Services Administration and 
        any other landholding agency with respect to the agreement.
    ``(i) Jurisdiction Over Real Property.--For purposes of this 
section, a landholding agency shall be considered to have jurisdiction 
over real property if the agency has jurisdiction, custody, and control 
of the property.
``Sec. 3903. Sunset
    ``(a) In General.--The authority of the Administrator of General 
Services to enter into an agreement under section 3902 shall expire on 
the last day of the 6-year period beginning on the date of enactment of 
this chapter.
    ``(b) Agreements Transmitted to Congress.--Subsection (a) shall not 
apply to an agreement for which the Administrator has transmitted a 
report to Congress under section 3902(g) before the last day of the 6-
year period referred to in subsection (a).
    ``(c) Existing Agreements.--Subsection (a) shall not affect the 
Administrator's authority to carry out the Administrator's 
responsibilities under an agreement entered into before the last day of 
the 6-year period referred to in subsection (a) or an agreement 
described in subsection (b).''.
    (b) Conforming Amendment.--The analysis for part A of subtitle II 
of title 40, United States Code, is amended by adding at the end the 
following:

``39. FEDERAL REAL PROPERTY DEVELOPMENT....................     3901''.

SEC. 3. SCOPE AND CONSTRUCTION.

    The authorities granted by this Act (including the amendments made 
by this Act) to the heads of Federal agencies for the management of 
real property and the conduct of transactions involving such property, 
shall be in addition to, and not in lieu of, any authorities provided 
in any law existing on the date of enactment of this Act. Except as 
expressly provided herein, nothing in this Act (including the 
amendments made by this Act) shall be construed to repeal or supersede 
any such authorities.

SEC. 4. NO WAIVER.

    Nothing in this Act (including the amendments made by this Act) 
shall 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 Government of the United States.

SEC. 5. REPORT OF COMPTROLLER GENERAL.

    Not later than 4 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report on the use by Administrator of General Services of the 
authorities provided by this Act.

SEC. 6. REPEAL.

    (a) In General.--Section 1302 of title 40, United States Code, is 
repealed.
    (b) Conforming Amendment.--The analysis for chapter 13 of such 
title is amended by striking the item relating to section 1302.
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