Federal Property Low Hanging Fruit Act
This bill authorizes the Department of Agriculture, the Department of Energy, and the General Services Administration (covered agencies) to develop and carry out a plan to enter into agreements with eligible entities (defined to include a limited liability company, limited partnership, corporation, business trust, or nonprofit entity) to: (1) lease underutilized or excess federal real properties; and (2) develop, rehabilitate, or renovate facilities on such leased properties for the benefit of such agencies. Each covered agency shall identify between 5 and 10 federal real properties to be offered for lease under such agreements.
Each agreement shall: (1) have as its primary purpose the enhancement of the functional and economic efficiency of federal real property; and (2) 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.
A covered agency may: (1) provide services to the eligible entity that is party to the agreement, and (2) retain and use any revenues derived from such agreements for federal property management activities.
The plan of a covered agency shall: (1) identify the federal real properties that the agency proposes to make available under such agreements, and (2) include project performance measures.
A covered agency must submit to Congress: (1) all agreements to be entered into under the agency's plan within 3 years after enactment of this Act, and (2) the final draft of each agreement at least 30 days before entering into it.
The Comptroller General shall submit to Congress reports on the effectiveness of the public-private agreement pilot program under this Act.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3809 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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