I 112th CONGRESS 2d Session H. R. 6264 IN THE HOUSE OF REPRESENTATIVES August 1, 2012 Mrs. Myrick (for herself and Mr. LaTourette) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize a pilot program for Federal agencies to enter into contracts with the private sector for property management, and for other purposes.

1.

Short title

This Act may be cited as the GSA Path to Privatization Act.

2.

Property management pilot program

(a)

In general

The Director shall establish and conduct a pilot program to be known as the Federal Real Property Management Privatization Pilot Program, which shall provide for certain Federal agencies to enter into contracts with the private sector to assist in planning, acquiring, managing, and disposing of leased Federal property. (b)

Management plan

Not later than 90 days after the date of the enactment of this Act, the Director shall develop a management plan for the pilot program and submit to Congress a report on the plan. The plan and report shall describe— (1)how the pilot program will be implemented; (2)individuals who will exercise operational authority over the pilot program; (3)the qualifications of such individuals; and (4)a timeline for implementation of the pilot program. (c)

Participation

(1)

Guidance

Not later than 120 days after the date of enactment of this Act, the Director shall issue guidance to Federal agencies on participation in the pilot program. The guidance shall provide such criteria for approval for participation in the program as the Director considers appropriate, including the form, manner, and time for submission of applications for participation. (2)

Participation by subunits

Not later than 120 days after the issuance of guidance under paragraph (1), the head of a Federal agency, or an administrative subunit of the agency considered appropriate by the Director, may apply to the Director to participate in the pilot program. (d)

Contracts for property management services

(1)

In general

On behalf of an agency approved under subsection (c), the Director or his designee shall issue a solicitation for one or more contracts with the private sector for services described in paragraph (3). (2)

Considerations

In entering into a contract pursuant to a solicitation issued under paragraph (1), the Director shall consider— (A)the long-term and short-term impact on costs to the Federal Government; and (B)opportunities to use underutilized Federal space. (3)

Services

The services described in this paragraph are services performed by the Public Buildings Service of the General Services Administration as of the date of the enactment of this Act and include the following with respect to leased Federal property: (A)Office space planning. (B)Negotiations of new leases. (C)Maintenance, custodial services, and basic upkeep. (D)Capital improvement contracts subject to available funds. (E)Disposal of leased space. (e)

Waiver of certain rules

For purposes of the pilot program, the Director may waive such regulations of the General Services Administration relating to the lease of Federal property that, as determined by the Director, would impose unreasonable burdens on agencies participating in the program on entering into contracts under subsection (d). (f)

Delegation

Upon request of the head of a Federal agency, the Director shall delegate to the head of the agency authority of the Director under subsection (d) for exercise within that agency. (g)

Exemption from McKinney-Vento Homeless Assistance Act

Any disposal of leased space conducted under the pilot program shall not be subject to section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411). (h)

Sunset

The pilot program shall terminate 15 years after the date of the enactment of this Act.

3.

Reports

Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of the pilot program, including any savings and performance improvements, and the effects of the exemption under section 2(f) on homelessness.

4.

Definitions

In this Act: (1)

Federal agency

The term Federal agency means an Executive agency as defined in section 105 of title 5, United States Code. (2)

Director

The term Director means the Director of the Office of Management and Budget.