,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #ajhg  ,,in ,,the ,,house ,,of  
,,representatives  ,february #ae1       
#bjag,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 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 ,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 an eligible entity1
 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 agency1     
including monetary benefits such as     
lease revenues and non-monetary benefits
 such as avoided operations and         
maintenance costs4  7#c7 ,number of     
properties ,the head of each covered    
agency shall identify at least #e1 and  
not more than #aj1 ,federal real        
properties to be offered for lease 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 interests of
 the ,federal ,government2  7,c7 shall  
provide a fair market value 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 eligible entity are     
responsible and may provide for the     
alteration1 repair1 or improvement of   
the real property as part or all of the 
consideration of the eligible entity1   
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 eligible     
entity2 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 include terms 
for authorizing the ,government to      
terminate the agreement for default or  
to protect the interests of the         
,government4  7#b7 ,ability to pledge as
 collateral ,subparagraph 7,e7 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 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   
eligible entity 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      
unutilized1 underutilized1 excess1 or   
surplus 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   
eligible entity that is party to the    
agreement on such terms as the head     
considers appropriate4  7e7 ,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          
operations and maintenance1 repairs or  
alterations1 other real property        
management needs1 or construction needs4
  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 eligible entities2 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 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 #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 eligible entity or persons that are 
party to the agreement4  7,c7 the name  
of any other eligible entity 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  7#d7 ,modification or      
termination of agreement ,in the case of
 a proposed modification or termination 
of an agreement1 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 #cj days has expired after the    
date of submission to ,congress4  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 ,agriculture4  7,b7 ,the
 ,department of ,energy4  7,c7 ,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 
,agriculture4  7,b7 ,the ,secretary of  
,energy4  7,c7 ,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 ,eligible entity ,the term eligible

 entity 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  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