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Public Private Partnership Act of 2003 (Introduced in House)
HR 2573 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
`3902. Agreements with non-Federal entities.
`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.
`(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;
`(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.
`(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.
`(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.
`(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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