[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3809 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3809

To establish a pilot program in certain agencies for the use of public-
 private agreements to enhance the efficiency of Federal real property.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 2015

Ms. Michelle Lujan Grisham of New Mexico 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 establish a pilot program in certain agencies for the use of public-
 private agreements to enhance the efficiency 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 ``Federal Property Low Hanging Fruit 
Act''.

SEC. 2. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM.

    (a) Plan for Entering Into Public-Private Agreements.--
            (1) In general.--The head of a covered agency shall develop 
        and carry out a plan to enter into one or more agreements with 
        an eligible entity, for the purposes described in paragraph 
        (2).
            (2) Purposes.--The purposes of any agreement entered into 
        under paragraph (1) shall be--
                    (A) to lease Federal real properties that are 
                underutilized or excess, under the terms of subsection 
                (c); and
                    (B) to develop, rehabilitate, or renovate 
                facilities on such leased properties for the benefit of 
                the covered agency, including monetary benefits such as 
                lease revenues and nonmonetary benefits such as avoided 
                operations and maintenance costs.
            (3) Number of properties.--The head of each covered agency 
        shall identify at least 5, and not more than 10, Federal real 
        properties to be offered for lease under agreements entered 
        into under paragraph (1).
    (b) Agreement Terms.--
            (1) In general.--Each agreement entered into pursuant to 
        this section--
                    (A) shall have as its primary purpose the 
                enhancement of the functional and economic efficiency 
                of Federal real property;
                    (B) shall be negotiated pursuant to such procedures 
                as the head of the covered agency concerned considers 
                necessary to promote competition and protect the 
                interests of the Federal Government;
                    (C) shall provide a fair market value lease option 
                to the United States to occupy space in the facilities 
                acquired, constructed, or rehabilitated under the 
                agreement, but shall not guarantee occupancy by the 
                United States;
                    (D) shall describe the consideration, duties, and 
                responsibilities for which the United States and the 
                eligible entity are responsible and may provide for the 
                alteration, repair, or improvement of the real property 
                as part or all of the consideration of the eligible 
                entity, notwithstanding any provision of law, including 
                section 1302 of title 40, United States Code;
                    (E) shall provide--
                            (i) that the United States shall not be 
                        liable for any actions, debts, or liability of 
                        the eligible entity; and
                            (ii) 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
                    (F) shall include terms for authorizing the 
                Government to terminate the agreement for default or to 
                protect the interests of the Government.
            (2) Ability to pledge as collateral.--Subparagraph (E) 
        shall not impair the ability of the eligible entity to pledge 
        as collateral its leasehold interest under a lease with the 
        United States entered into pursuant to the terms of subsection 
        (c).
    (c) Lease of Real Property.--
            (1) Authority.--Notwithstanding any other provision of law, 
        including sections 582 and 583 of title 40, United States Code, 
        the head of a covered agency may lease real property under an 
        agreement under subsection (a) to the eligible entity that is 
        party to the agreement.
            (2) Period of lease.--A lease under this subsection may be 
        for such period as the head of the covered agency determines 
        appropriate.
            (3) Relationship to homeless assistance act.--Real property 
        leased under this subsection shall not be considered 
        unutilized, underutilized, excess, or surplus for purposes of 
        section 501 of the Stewart B. McKinney Homeless Assistance Act 
        (42 U.S.C. 11411) and may be leased under this subsection 
        without regard to any other provision of law.
    (d) Services.--Notwithstanding any other provision of law, the head 
of a covered agency, or his or her designee, may provide services under 
an agreement under subsection (a) to the eligible entity that is party 
to the agreement on such terms as the head considers appropriate.
    (e) Use of Revenues.--Notwithstanding any other provision of law, 
the head of a covered agency may retain and use any revenues derived 
from agreements entered into under this section for Federal property 
management activities of the covered agency, including acquisition, 
operations and maintenance, repairs or alterations, other real property 
management needs, or construction needs.
    (f) Plan.--
            (1) Matters covered.--The plan of a covered agency required 
        under subsection (a) shall--
                    (A) identify the Federal real properties that the 
                head of the covered agency proposes to make available 
                under the agreement or agreements to be entered into 
                with one or more eligible entities; and
                    (B) include performance measures by which the 
                proposed project or projects will be measured.
            (2) Consultation with council.--In developing the plan 
        required under subsection (a), the head of a covered agency 
        shall consult with the Federal Real Property Council.
    (g) Submissions to Congress of Plan and Agreements.--
            (1) Submission of plan within 12 months.--The head of a 
        covered agency shall submit to Congress the plan required by 
        subsection (a) not later than 12 months after the date of the 
        enactment of this Act.
            (2) Submission of each proposed agreement to congress.--The 
        head of a covered agency shall submit to Congress the final 
        draft of each agreement proposed to be entered into by the 
        agency and may not enter into the agreement until at least 30 
        days has expired after the date of submission to Congress. The 
        submission to Congress under this paragraph shall also 
        include--
                    (A) an explanation of the agreement;
                    (B) the name, resources, and qualifications of the 
                eligible entity or persons that are party to the 
                agreement;
                    (C) the name of any other eligible entity that 
                submitted a proposal for the property that is the 
                subject of the agreement;
                    (D) the factors in support of the proposed project 
                or projects covered by the agreement; and
                    (E) the projected economic performance, including 
                expenditures and receipts, arising from the agreement.
            (3) Submission of all agreements within 3 years.--The head 
        of a covered agency shall submit to Congress all agreements to 
        be entered into under the plan not later than 3 years after the 
        date of the enactment of this Act.
            (4) Modification or termination of agreement.--In the case 
        of a proposed modification or termination of an agreement, the 
        head of the covered agency concerned shall submit the proposed 
        modification or termination to Congress and may not implement 
        the modification or termination until at least 30 days has 
        expired after the date of submission to Congress.
    (h) Projected Economic Performance.--The head of a covered agency 
shall describe, in the budget submitted by the President pursuant to 
section 1105 of title 31, United States Code, for a fiscal year, the 
projected economic performance, including expenditures and receipts, 
arising from each agreement entered into pursuant this section and in 
effect during such fiscal year.
    (i) Definitions.--In this section:
            (1) Covered agency.--The term ``covered agency'' means each 
        of the following:
                    (A) The Department of Agriculture.
                    (B) The Department of Energy.
                    (C) The General Services Administration.
            (2) Head of a covered agency.--The term ``head of a covered 
        agency'' means each of the following:
                    (A) The Secretary of Agriculture.
                    (B) The Secretary of Energy.
                    (C) The Administrator of General Services.
            (3) Federal real property.--The term ``Federal real 
        property'' means property, as that term is defined in section 
        102(9) of title 40, United States Code.
            (4) Excess.--The term ``excess'', with respect to Federal 
        real property, means excess property as defined in section 
        102(3) of title 40, United States Code.
            (5) Eligible entity.--The term ``eligible entity'' means a 
        limited liability company, limited partnership, corporation, 
        business trust, nonprofit entity, or such other form of entity 
        as the head of a covered agency may designate.
    (j) Reports by Government Accountability Office.--The Comptroller 
General of the United States shall submit to Congress two reports on 
the effectiveness of the public-private agreement pilot program under 
this section. The first report shall be submitted not later than 5 
years after the date of the enactment of this section, and the second 
report shall be submitted not later than 10 years after such date of 
enactment. Each report shall include specific recommendations on how 
best to use public-private agreements in all Federal agencies to 
improve Federal real property management.
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