| 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] ...
108th CONGRESS 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. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES 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, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Property Asset Management Reform Act of 2003''. SEC. 2. DEFINITION OF LANDHOLDING AGENCY.-- 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 title; ``(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 Management.''. SEC. 3. LIFE CYCLE PLANNING AND MANAGEMENT; ENHANCED AUTHORITIES FOR REAL PROPERTY ASSET MANAGEMENT. (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VII--LIFE CYCLE PLANNING AND MANAGEMENT; ENHANCED AUTHORITIES FOR REAL PROPERTY ASSET MANAGEMENT ``Sec. 621. Asset management principles, performance measurement, and database ``(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 following: ``(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 following: ``(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 community. ``(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 agency. ``(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 Officer. ``(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; and ``(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; and ``(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 if-- ``(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 mission. ``(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 property; ``(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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