Section 1 Short title
This Act may be cited as the “Disposing of Inactive Structures and Properties by Offering for Sale And Lease Act” or the “DISPOSAL Act”.
Disposing of Inactive Structures and Properties by Offering for Sale And Lease Act
A BILL
To require the Administrator of General Services to dispose of certain Federal buildings, and for other purposes.
Sec. 2 Disposal of specified Federal buildings
Disposal—
In general— The Administrator of General Services (referred to in this section as the Administrator) shall dispose of the following Federal buildings:
The Frances Perkins Federal Building, located at 200 Constitution Avenue NW in Washington, DC.
The James V. Forrestal Building, located at 1000 Independence Avenue SW in Washington, DC.
The Theodore Roosevelt Federal Building, located at 1900 E. Street NW in Washington, DC.
The Robert C. Weaver Federal Building, located at 451 7th Street SW in Washington, DC.
The Department of Agriculture South Building, located at 1400 Independence Avenue SW in Washington, DC.
The Hubert H. Humphrey Federal Building, located at 200 Independence Avenue SW in Washington, DC.
Sale or ground lease— In disposing of a Federal building described in paragraph (1), the Administrator may—
sell the Federal building for fair market value at highest and best use; or
enter into a ground lease with a term of up to 99 years.
Discretion of Administrator regarding transactions—
In general— For any disposal under paragraph (1), the Administrator may approve sale or ground lease transactions under such terms and conditions that the Administrator determines are in the best interests of the United States.
Inclusions— A transaction for any sale or ground lease under paragraph (1) may include—
relocating any Federal agency that is occupying the applicable Federal building as of the date of the sale to another Federal building; or
a leaseback of the applicable Federal building if the leaseback is for a period of not more than 5 years.
Exemption from certain requirements— Except as provided in subsection (e)(1)(D), a disposal under paragraph (1) shall be exempt from the requirements of, as applicable—
section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act”); and
chapters 5 and 87 of title 40, United States Code.
Prohibition on foreign ownership—
Definitions— In this paragraph, the terms beneficial owner, foreign entity, and foreign person have the meanings given those terms in section 2 of the Secure Federal LEASEs Act (40 U.S.C. 585 note; Public Law 116–276).
Prohibition— In conducting a disposal required under paragraph (1), the Administrator may not sell any Federal building described in that paragraph to, or enter into a ground lease with, any foreign person, any foreign entity, or any entity of which a foreign person is a beneficial owner.
Relocating Federal agencies—
Discretion of Administrator— Subject to the conditions described in this subsection, the Administrator is vested with the sole and absolute authority and discretion to select the area, site, or location for any Federal agency relocated from a Federal building described in subsection (a)(1).
Consultation with the Federal agency— The Administrator shall—
consult with the head of a Federal agency relocated from a Federal building described in subsection (a)(1); and
take into consideration the mission-related need of that Federal agency to relocate to a specific geographic location.
Prohibition on build-to-suit leases— The Administrator shall not enter into a “build-to-suit” lease where the Administrator contracts with a developer, person, or any other entity to design and construct a new building specifically to meet the unique requirements of a Federal agency relocated from a Federal building described in subsection (a)(1).
Advance notice— Not later than 30 days before the date on which the Administrator publicly announces the relocation of a Federal agency to a location outside of the District of Columbia, the Administrator shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives notice of that announcement.
Exemptions— Actions taken by the Administrator and funds made available to the Administrator to carry out this subsection shall not be subject to—
section 3307 of title 40, United States Code; or
chapter 33 of title 41, United States Code (commonly known as the “Competition in Contracting Act”).
Net proceeds—
In general— Of the net proceeds received from a disposal required under subsection (a)(1)—
such amount as may be required to implement this section (including the costs required to relocate a Federal agency from a Federal building described in subsection (a)(1)), as determined by the Administrator, shall be deposited into an account in the Federal Buildings Fund established by section 592(a) of title 40, United States Code (referred to in this subsection as the Fund); and
any additional amounts after the deposit required under subparagraph (A) shall be deposited into the general fund of the Treasury for purposes of reducing the deficit.
Future appropriation— On deposit of amounts into the Fund under paragraph (1)(A), those amounts may be expended only subject to a specific future appropriation.
Preclusion of judicial review— Any action taken by the Administrator to carry out this section shall not be subject to judicial review, including under—
subchapter V of chapter 35 of title 31, United States Code; and
subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).
Miscellaneous provisions—
Additional Federal buildings to be disposed—
In general— On providing 30 days advance notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and subject to subparagraphs (C) and (E), the Administrator may include additional Federal buildings described in subparagraph (B) to the list of Federal buildings described in subsection (a)(1) that are required to be disposed of pursuant to that subsection.
Federal buildings described— A Federal building referred to in subparagraphs (A) and (D) is any Federal building—
under the jurisdiction, custody, and control of the Administrator; and
that has a utilization below 60 percent, on average, over the 1-year period preceding the date on which the Administrator provides notice of the disposal of the Federal building pursuant to subparagraph (A).
Limitation— In modifying the list of Federal buildings to be disposed of under subparagraph (A), the Administrator may not add more than 20 additional Federal buildings each calendar year.
Exemptions from certain requirements— With respect to a Federal building described in subparagraph (B) that is added to the list of Federal buildings described in subsection (a)(1) pursuant to subparagraph (A) and disposed of pursuant to subsection (a)(1)—
the exemption from the requirements of section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411) shall only apply to that sale if the Federal building is larger than 100,000 square feet; and
the exemption from the requirements of division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act”), shall only apply to that sale if the Federal building is designated as a National Historic Landmark pursuant to chapter 3021 of that title.
Congressional disapproval— A notice submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives under subparagraph (A) shall be considered a rule for purposes of section 802 of title 5, United States Code.
Availability of appropriations— Notwithstanding any other provision of law, any amounts made available for obligation in the Federal Buildings Fund established by section 592(a) of title 40, United States Code, in any previous or subsequent Act shall be available until expended for the purpose of any expense associated with relocating a Federal agency occupying a Federal building described in subsection (a)(1).
Effect on other law— Nothing in this section limits or supersedes any authority otherwise available to the Administrator under any other provision of law and the authorities provided under this section are in addition to, and not in lieu of, any existing authorities.
Sunset—
Termination of authority— Except as provided in subparagraph (B), the authority provided under this section terminates on December 31, 2028.
Effect on prior actions— The termination of authority under subparagraph (A) shall not affect—
any action taken, any right or duty that matured, or any proceeding commenced under this section before that termination of authority; or
the continued enforcement or implementation of any final rule, order, agreement, or decision issued pursuant to that authority prior to that termination.