,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #efbf  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ah1 #bjad
 ,ms4 ,michelle ,lujan ,grisham of ,new 
,mexico introduced the following bill2  
which was referred to the ,committee on 
,transportation and ,infrastructure1 and
 in addition to the ,committee on       
,oversight and ,government ,reform1 for 
a period to be subsequently determined  
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
provide uniform authority for executive 
departments to use funds from the       
disposal of ,federal real property and  
to establish a pilot program in certain 
agencies for the use of public-private  
agreements to enhance the efficiency of 
,federal real property4  #a4 ,short     
title ,this ,act may be cited as the    
,federal ,property ,low ,hanging ,fruit 
,act4  #b4 ,uniform authority for       
executive departments to use funds from 

disposal of ,federal real property  7a7 
,authority ,to convey ,the head of each 
executive department may--  7#a7 convey1
 by sale1 lease1 exchange1 or otherwise1
 including through leaseback            
arrangements1 real and related property1
 or interests therein1 under their      
ownership and control2 and  7#b7 retain 
the net proceeds of such dispositions in
 an account within the general fund of  
the ,united ,states ,treasury           
established for purposes of this        
section1 to be used in accordance with  
subsection 7b74  7b7 ,use of funds ,for 
purposes of subsection 7a71 the net     
proceeds of such dispositions retained  
in the account of an executive          
department pursuant to that subsection  
shall be available to the head of the   
executive department1 until expended and
 without further appropriation and in   
compliance with other applicable        
provisions of law1 to pay any necessary 
and incidental costs incurred by such   
head in connection with ,federal        

property management activities of the   
executive department1 including         
acquisition1 improvements1 maintenance1 
reconstruction1 or construction needs4  
,in conducting these activities1 an     
executive department may enter into     
agreements with the ,general ,services  
,administration for assistance4  7c7    
,regulations ,the ,director of the      
,office of ,management and ,budget1 in  
consultation with the ,administrator of 
,general ,services and the ,secretary of
 ,defense1 shall promulgate regulations 
to carry out this section4  7d7         
,definitions ,in this section3  7#a7    
,net proceeds ,the term net proceeds1   
with respect to a disposition of        
property or interests under this        
section1 means the rental1 sales1 and   
other sums received less the costs of   
the disposition4  7#b7 ,executive       
department ,the term executive          
department means an ,executive          
department listed in section #aja of    
title #e1 ,united ,states ,code4  #c4   

,public-,private ,agreement ,pilot      
,program  7a7 ,plan for entering into   
public-,private agreements  7#a7 ,in    
general ,the head of a covered agency   
shall develop and carry out a plan to   
enter into one or more agreements with a
 nongovernmental person1 for the        
purposes described in paragraph 7#b74   
7#b7 ,purposes ,the purposes of any     
agreement entered into under paragraph  
7#a7 shall be--  7,a7 to lease ,federal 
real properties that are underutilized  
or excess1 under the terms of subsection
 7c72 and  7,b7 to develop1             
rehabilitate1 or renovate facilities on 
such leased properties for the benefit  
of the covered agency4  7#c7 ,number of 
properties ,a total of at least #e1 and 
not more than #aj1 ,federal real        
properties shall be leased under        
agreements entered into under paragraph 
7#a74  7b7 ,agreement terms  7#a7 ,in   
general ,each agreement entered into    
pursuant to this section--  7,a7 shall  
have as its primary purpose the         

enhancement of the functional and       
economic efficiency of ,federal real    
property2  7,b7 shall be negotiated     
pursuant to such procedures as the head 
of the covered agency concerned         
considers necessary to promote          
competition and protect the public      
interest2  7,c7 shall provide a lease   
option to the ,united ,states to occupy 
space in the facilities acquired1       
constructed1 or rehabilitated under the 
agreement1 but shall not guarantee      
occupancy by the ,united ,states2  7,d7 
shall describe the consideration1       
duties1 and responsibilities for which  
the ,united ,states and the             
nongovernmental person are responsible  
and may provide for the alteration1     
repair1 or improvement of the real      
property as part or all of the          
consideration of the nongovernmental    
person1 notwithstanding any provision of
 law1 including section #acjb of title  
#dj1 ,united ,states ,code2  7,e7 shall 
provide--  7i7 that the ,united ,states 

shall not be liable for any actions1    
debts1 or liability of the              
nongovernmental person2 and  7ii7 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 document2 and  7,f7 shall provide   
that the leasehold interests of the     
,united ,states are senior to that of   
any lender to the nongovernmental       
person4  7#b7 ,ability to pledge as     
collateral ,subparagraph 7,f7 shall not 
impair the ability of the               
nongovernmental person to pledge as     
collateral its leasehold interest under 
a lease with the ,united ,states entered
 into pursuant to the terms of          
subsection 7c74  7c7 ,lease of real     
property  7#a7 ,authority               
,notwithstanding any other provision of 
law1 including sections #ehb and #ehc of
 title #dj1 ,united ,states ,code1 the  

head of a covered agency may lease real 
property under an agreement under       
subsection 7a7 to the nongovernmental   
person that is party to the agreement4  
7#b7 ,period of lease ,a lease under    
this subsection may be for such period  
as the head of the covered agency       
determines appropriate4  7#c7           
,relationship to ,homeless ,assistance  
,act ,real property leased under this   
subsection shall not be considered      
unutilized or underutilized for purposes
 of section #eja of the ,stewart ,b4    
,mc,kinney ,homeless ,assistance ,act   
7#db ,u4,s4,c4 #aadaa7 and may be leased
 under this subsection without regard to
 any other provision of law4  7d7       
,services ,notwithstanding any other    
provision of law1 the head of a covered 
agency1 or his or her designee1 may     
provide services under an agreement     
under subsection 7a7 to the             
nongovernmental person that is party to 
the agreement on such terms as the head 
considers appropriate4  7e7 ,use and    

deposit of revenues  7#a7 ,use of       
revenues ,notwithstanding any other     
provision of law1 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   
agency1 including acquisition1          
improvements1 maintenance1              
reconstruction1 or construction needs4  
7#b7 ,deposit of revenues ,revenues     
received by the head of a covered agency
 from an agreement under subsection 7a7 
shall be deposited--  7,a7 in the case  
of the ,general ,services               
,administration1 into the fund created  
by section #eib of title #dj1 ,united   
,states ,code2 and  7,b7 in the case of 
any other covered agency1 into the      
account of the agency established under 
section #b7;a74  7f7 ,plan  7#a7        
,matters covered ,the plan of a covered 
agency required under subsection 7a7    
shall--  7,a7 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           
nongovernmental persons2 and  7,b7      
include performance measures by which   
the proposed project or projects will be
 measured4  7#b7 ,consultation with     
,council ,in developing the plan        
required under subsection 7a71 the head 
of a covered agency shall consult with  
the ,federal ,real ,property ,council4  
7g7 ,submissions to ,congress of plan   
and agreements  7#a7 ,submission of plan
 within #ab months ,the head of a       
covered agency shall submit to ,congress
 the plan required by subsection 7a7 not
 later than #ab months after the date of
 the enactment of this ,act4  7#b7      
,submission of each agreement to        
,congress before implementation ,the    
head of a covered agency shall submit to
 ,congress each agreement entered into  
under subsection 7a7 and may not        
implement any such agreement until at   
least #cj days has expired after the    

date of submission to ,congress4 ,the   
submission to ,congress under this      
paragraph shall also include--  7,a7 an 
explanation of the agreement2  7,b7 the 
name1 resources1 and qualifications of  
the nongovernmental person or persons   
that are party to the agreement2  7,c7  
the name of any other nongovernmental   
person that submitted a proposal for the
 property that is the subject of the    
agreement2  7,d7 the factors in support 
of the proposed project or projects     
covered by the agreement2 and  7,e7 the 
projected economic performance1         
including expenditures and receipts1    
arising from the agreement4  7#c7       
,submission of all agreements within #c 
years ,the head of a covered agency     
shall submit to ,congress all agreements
 to be entered into under the plan not  
later than #c years after the date of   
the enactment of this ,act4  7h7        
,projected economic performance ,the    
head of a covered agency shall describe1
 in the budget submitted by the         

,president pursuant to section #aaje of 
title #ca1 ,united ,states ,code1 for a 
fiscal year1 the projected economic     
performance1 including expenditures and 
receipts1 arising from each agreement   
entered into pursuant this section and  
in effect during such fiscal year4  7i7 
,definitions ,in this section3  7#a7    
,covered agency ,the term covered agency
 means each of the following3  7,a7 ,the
 ,department of ,defense4  7,b7 ,the    
,department of ,agriculture4  7,c7 ,the 
,department of ,energy4  7,d7 ,the      
,general ,services ,administration4     
7#b7 ,head of a covered agency ,the term
 head of a covered agency means each of 
the following3  7,a7 ,the ,secretary of 
,defense4  7,b7 ,the ,secretary of      
,agriculture4  7,c7 ,the ,secretary of  
,energy4  7,d7 ,the ,administrator of   
,general ,services4  7#c7 ,federal real 
property ,the term ,federal real        
property means property1 as that term is
 defined in section #ajb7i7 of title    
#dj1 ,united ,states ,code4  7#d7       

,excess ,the term excess1 with respect  
to ,federal real property1 means excess 
property as defined in section #ajb7c7  
of title #dj1 ,united ,states ,code4    
7#e7 ,nongovernmental person ,the term  
nongovernmental person means a limited  
liability company1 limited partnership1 
corporation1 business trust1 nonprofit  
entity1 or such other form of entity as 
the head of a covered agency may        
designate4  7#f7 ,executive agency ,the 
term executive agency has the meaning   
provided in section #ajb7d7 of title    
#dj1 ,united ,states ,code4  7j7        
,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      
section4 ,the first report shall be     
submitted not later than #e years after 
the date of the enactment of this       
section1 and the second report shall be 
submitted not later than #aj years after

 such date of enactment4 ,each report   
shall include specific recommendations  
on how best to use public-private       
agreements in all ,federal agencies to  
improve ,federal real property          
management4