Home > 106th Congressional Bills > H.R. 2549 (ih) To provide that the United States District Court for the Eastern District of Pennsylvania be held at Doylestown, Pennsylvania, in addition to those other places currently provided by law. [Introduced in House] ...

H.R. 2549 (ih) To provide that the United States District Court for the Eastern District of Pennsylvania be held at Doylestown, Pennsylvania, in addition to those other places currently provided by law. [Introduced in House] ...

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  1st Session
                                H. R. 2548

 To amend chapter 5 of subtitle I of title 40, United States Code, to 
       enhance Federal asset management, and for other purposes.



                             June 19, 2003

  Mr. Sessions (for himself, Mr. Tom Davis of Virginia, Mr. Burton of 
Indiana, Mr. Shays, Mr. Souder, Mr. Ose, Mrs. Jo Ann Davis of Virginia, 
   Mr. Platts, Mr. Putnam, Mr. Turner of Ohio, Mr. Janklow, and Mr. 
   Cooper) introduced the following bill; which was referred to the 
  Committee on Government Reform, and in addition to the Committee on 
  Transportation and Infrastructure, 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 amend chapter 5 of subtitle I of title 40, United States Code, to 
       enhance Federal asset management, and for other purposes.

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


    This Act may be cited as the ``Federal Property Asset Management 
Reform Act of 2003''.


    Section 102 of title 40, United States Code, is amended--
            (1) by redesignating paragraphs (7) through (10) in order 
        as paragraphs (8) through (11); and
            (2) by inserting after paragraph (6) the following:
            ``(7) The term `landholding agency'--
                    ``(A) subject to subparagraphs (B) and (C), means 
                any Federal agency that, by specific or general 
                statutory authority, has jurisdiction, custody, and 
                control over property (as defined in paragraph (9)) 
                that is real property;
                    ``(B) does not include a Federal agency with 
                respect to the agency--
                            ``(i) disposing of an interest in real 
                        property for public benefit purposes pursuant 
                        to any of sections 541 through 555 of this 
                            ``(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
                    ``(C) does not include the Bureau of Land 


    (a) In General.--Chapter 5 of subtitle I of title 40, United States 
Code, is amended by adding at the end the following:


``Sec. 621. Asset management principles, performance measurement, and 
    ``(a) Management Principles.--(1) Under the authorities vested in 
the Administrator under section 121(c) of this title, the Administrator 
of General Services (in this subchapter referred to as the 
`Administrator'), in consultation with the heads of Federal agencies 
and the Director of the Office of Management and Budget, shall 
establish and maintain current management principles to be applied by 
Federal agencies where appropriate to real and personal property assets 
subject to this chapter and under the jurisdiction, custody, and 
control of such agencies.
    ``(2) With respect to the outlease of property through the use of 
public-private partnerships authorized under section 624(d) of this 
title, the principles under this subsection shall include the 
            ``(A) Under no circumstances shall the liability of the 
        Federal Government arising from an arrangement with a 
        nongovernmental entity or from the operation of any 
        partnership, cooperative venture, limited liability company, 
        corporation, trust, or other business arrangement created as 
        the result of an agreement with a nongovernmental entity exceed 
        the amount of the Federal Government's capital contribution or 
        equity contribution.
            ``(B)(i) Such projects may only be undertaken if the 
        Federal asset is not developed to its highest and best use and 
        the project is economically viable.
            ``(ii) For purposes of this subparagraph, determination of 
        economic viability would include, among other relevant economic 
        factors, the internal rate of return of the investment to the 
        Government (with preference given to higher rates of return) at 
        leaseback rates not exceeding market rates.
            ``(C) Such projects may only be undertaken if the market 
        conditions are favorable to development and full occupancy by 
        government and private tenants.
    ``(b) Performance Measurement Benchmarks.--(1) The Administrator, 
in consultation with the heads of landholding agencies, shall establish 
performance measures to determine the effectiveness of Federal real 
property management.
    ``(2) The performance measures shall monitor and assess the 
            ``(A) The disposal of real property assets.
            ``(B) The reduction in vacant Federal space.
            ``(C) The realization of equity value in Federal real 
        property assets.
            ``(D) The value added to Federal agency missions through 
        cooperative arrangements with the commercial real estate 
            ``(E) The enhancement of Federal agency productivity 
        through an improved working environment.
    ``(3) The performance measures shall be designed to--
            ``(A) enable the Congress and heads of Federal agencies to 
        track progress in the achievement of property management 
        objectives on a Governmentwide basis; and
            ``(B) allow for comparing the performance of Federal 
        agencies against industry and other public sector agencies.
    ``(4) In developing and implementing the performance measures, the 
Administrator shall use existing data sources and automated data 
collection tools to the maximum extent practical.
    ``(c) Inventory Database.--(1) The Administrator shall establish 
and maintain a single, comprehensive, and descriptive database of all 
real property interests under the custody and control of each Federal 
    ``(2)(A) For purposes of paragraph (1), the Administrator, in 
cooperation with the heads of other Federal agencies, shall collect 
from each Federal agency such descriptive information, except for 
classified information, as the Administrator considers will best 
describe the nature, use, and extent of the real property holdings of 
the Federal Government. The head of a Federal agency shall promptly 
provide to the Administrator, upon request, such information regarding 
real property holdings under the custody and control of the agency.
    ``(B) For purposes of this paragraph, the term `real property 
holdings' includes--
            ``(i) all public lands (as that term is defined in section 
        103 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1702)); and
            ``(ii) all real property of the Federal Government that is 
        located outside of the 50 States, including the District of 
        Columbia, Puerto Rico, American Samoa, Guam, the Northern 
        Mariana Islands, and the United States Virgin Islands.
    ``(3) To facilitate reporting of information on a uniform basis, 
the Administrator may establish data and other information technology 
standards for use by Federal agencies in developing or upgrading 
Federal agency real property information systems.
    ``(d) Public Access to Information.--(1) Except as provided in 
paragraphs (2) and (3), the listing compiled under this section shall 
be a public record.
    ``(2) The Administrator may withhold from public disclosure 
information included in the listing, including the location of 
classified facilities, if the Administrator determines that withholding 
such information would be in the public interest.
    ``(3) Nothing in this subsection requires an agency to make 
available to the public information that is exempt from disclosure 
pursuant to section 552 of title 5, United States Code, popularly known 
as the Freedom of Information Act.
    ``(e) Jurisdiction of Administrator.--Except for the purpose of 
maintaining the property listing required under subsection (c), nothing 
in this section authorizes the Administrator to assume jurisdiction 
over the acquisition, management, or disposal of real property not 
subject to this chapter.
``Sec. 622. Senior real property officers
    ``(a) In General.--(1) Within 180 days after the effective date of 
this section, the head of each landholding agency shall appoint, or 
designate from among senior management officials of such agency, a 
Senior Real Property Officer. Such individual shall have education, 
training, and real estate portfolio or facilities management experience 
required to administer the functions described under this section.
    ``(2) The head of any landholding agency may appoint a Real 
Property Officer for any major component of the agency. A Real Property 
Officer of a landholding agency, for the purposes of complying with the 
requirements of this chapter, shall report to the Senior Real Property 
    ``(b) Responsibilities.--The Senior Real Property Officer of a 
landholding agency shall be responsible for continuously monitoring 
real property assets of the agency so that--
            ``(1) real property of the agency, including its functional 
        use, occupancy, reinvestment requirements, and future utility, 
        is managed in a manner that is--
                    ``(A) consistent with and supportive of the goals 
                and objectives set forth in the agency's strategic plan 
                under section 306 of title 5, United States Code;
                    ``(B) consistent with the real property asset 
                management principles established by the Administrator 
                under section 621(a) of this title; and
                    ``(C) reflected in an agency asset management plan 
                issued under subsection (c);
            ``(2) real property assets that can benefit from the 
        application of the enhanced asset management tools described in 
        section 624 of this title are identified;
            ``(3) such enhanced asset management tools, in those cases 
        in which a real property asset can so benefit, are applied in 
        such a way that any resulting transaction shall--
                    ``(A) result in the agency receiving fair market 
                value which, in the case of an exchange or sale of 
                Federal real property, shall be based on an appraisal; 
                    ``(B) protect the Federal Government from 
                unreasonable financial or other risks;
            ``(4) provide to the Administrator annually--
                    ``(A) a listing and description of the real 
                property assets under the jurisdiction, custody, and 
                control of that agency, including public lands of the 
                United States and property located in foreign lands; 
                    ``(B) any other relevant information the 
                Administrator may request, for inclusion in the 
                Governmentwide listing of all Federal real property 
                interests established and maintained under section 
                621(c) of this title;
            ``(5) determine the performance of the agency against the 
        performance measures established under section 621(b) of this 
        title; and
            ``(6) report the results to the Committee on Governmental 
        Affairs of the Senate and the Committee on Government Reform of 
        the House of Representatives.
    ``(c) Consideration of Available Real Property Holdings.--Except as 
otherwise provided by Federal law, before a landholding agency acquires 
any interest in real property from any non-Federal source, the Senior 
Real Property Officer of the agency must give first consideration to 
available Federal real property holdings.''.
``Sec. 623. Criteria for using enhanced asset management tools
    ``(a) In General.--Subject to the requirements of subsection (b) of 
this section, the head of a landholding agency may apply an enhanced 
asset management tool described in section 624 of this title to a real 
property interest under the agency's jurisdiction, custody, and control 
            ``(1) the head of the agency has determined that such real 
        property interest is not excess property, and includes as part 
        of the documentation required under subsection (b)(3) a 
        description of the need and mission requirement fulfilled by 
        the Federal property;
            ``(2) the real property interest is used to fulfill or 
        support a continuing mission requirement of the agency; and
            ``(3) the real property interest can, by the application of 
        the enhanced asset management tool, improve the support of such 
    ``(b) Criteria for Application.--Before applying an enhanced asset 
management tool defined in section 624 of this title to a real property 
interest identified under subsection (a), the head of the agency, in 
consultation with the Administrator, must determine that such 
application meets all of the following criteria:
            ``(1) The application supports the goals and objectives set 
        forth in the agency's strategic plan under section 306 of title 
        5, United States Code, and the agency's real property asset 
        management plan under section 622 of this title.
            ``(2) Use of the real property is economical, cost 
        effective, and in the best interests of the United States.
            ``(3) The application is documented in a business plan 
        that, commensurate with the nature of the selected tool--
                    ``(A) analyzes all reasonable options for using the 
                    ``(B) describes how the application will be in 
                compliance with applicable provisions of law, including 
                such provisions of--
                            ``(i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            ``(ii) the McKinney-Vento Homeless 
                        Assistance Act (42 U.S.C. 11301 et seq.), 
                        including by--
                                    ``(I) describing the result of the 
                                determination under that Act by the 
                                Secretary of Housing and Urban 
                                Development of the suitability of the 
                                property for use to assist the 
                                homeless; and
                                    ``(II) explaining the rationale for 
                                the landholding agency's decision not 
                                to make the property available for use 
                                to assist the homeless; and
                    ``(C) establishes effective procedures for 
                soliciting, assessing, and taking into account input 
                from the local community.
``Sec. 624. Enhanced asset management tools
    ``(a) Interagency Transfers or Exchanges.--The head of any 
landholding agency may acquire replacement real property by transfer or 
exchange of real property subject to this chapter with other Federal 

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