119-s3091

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3091 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 3091

To require the Administrator of General Services to dispose of certain 
 Federal buildings, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 October 30, 2025

 Ms. Ernst introduced the following bill; which was read twice and 
 referred to the Committee on Environment and Public Works

_______________________________________________________________________

 A BILL

To require the Administrator of General Services to dispose of certain 
 Federal buildings, 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 ``Disposing of Inactive Structures and 
Properties by Offering for Sale And Lease Act'' or the ``DISPOSAL 
Act''.

SEC. 2. DISPOSAL OF SPECIFIED FEDERAL BUILDINGS.

    (a) Disposal.--

    (1) In general.--The Administrator of General Services 
 (referred to in this section as the ``Administrator'') shall 
 dispose of the following Federal buildings:
        (A) The Frances Perkins Federal Building, located 
 at 200 Constitution Avenue NW in Washington, DC.
        (B) The James V. Forrestal Building, located at 
 1000 Independence Avenue SW in Washington, DC.
            (C) The Theodore Roosevelt Federal Building, 
 located at 1900 E. Street NW in Washington, DC.
            (D) The Robert C. Weaver Federal Building, located 
 at 451 7th Street SW in Washington, DC.
        (E) The Department of Agriculture South Building, 
 located at 1400 Independence Avenue SW in Washington, 
 DC.
        (F) The Hubert H. Humphrey Federal Building, 
 located at 200 Independence Avenue SW in Washington, 
 DC.

    (2) Sale or ground lease.--In disposing of a Federal 
 building described in paragraph

    (1) , the Administrator may--
        (A) sell the Federal building for fair market value 
 at highest and best use; or
        (B) enter into a ground lease with a term of up to 
 99 years.

    (3) Discretion of administrator regarding transactions.--
        (A) 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.
        (B) Inclusions.--A transaction for any sale or 
 ground lease under paragraph

    (1) may include--
            (i) relocating any Federal agency that is 
 occupying the applicable Federal building as of 
 the date of the sale to another Federal 
 building; or
            (ii) a leaseback of the applicable Federal 
 building if the leaseback is for a period of 
 not more than 5 years.

    (4) 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--
        (A) section 501 of the McKinney-Vento Homeless 
 Assistance Act (42 U.S.C. 11411);
        (B) the National Environmental Policy Act of 1969 
 (42 U.S.C. 4321 et seq.);
            (C) division A of subtitle III of title 54, United 
 States Code (formerly known as the ``National Historic 
 Preservation Act''); and
            (D) chapters 5 and 87 of title 40, United States 
 Code.

    (5) Prohibition on foreign ownership.--
        (A) === 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).
        (B) 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.

    (b) Relocating Federal Agencies.--

    (1) 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) .

    (2) Consultation with the federal agency.--The 
 Administrator shall--
        (A) consult with the head of a Federal agency 
 relocated from a Federal building described in 
 subsection

    (a)

    (1) ; and
        (B) take into consideration the mission-related 
 need of that Federal agency to relocate to a specific 
 geographic location.

    (3) 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) .

    (4) 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.

    (5) Exemptions.--Actions taken by the Administrator and 
 funds made available to the Administrator to carry out this 
 subsection shall not be subject to--
        (A) section 3307 of title 40, United States Code; 
 or
        (B) chapter 33 of title 41, United States Code 
 (commonly known as the ``Competition in Contracting 
 Act'').
            (c) Net Proceeds.--

    (1) In general.--Of the net proceeds received from a 
 disposal required under subsection

    (a)

    (1) --
        (A) 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
        (B) 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.

    (2) 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.
            (d) Preclusion of Judicial Review.--Any action taken by the 
Administrator to carry out this section shall not be subject to 
judicial review, including under--

    (1) subchapter V of chapter 35 of title 31, United States 
 Code; and

    (2) subchapter II of chapter 5, and chapter 7, of title 5, 
 United States Code (commonly known as the ``Administrative 
 Procedure Act'').

    (e) Miscellaneous Provisions.--

    (1) Additional federal buildings to be disposed.--
        (A) 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.
        (B) Federal buildings described.--A Federal 
 building referred to in subparagraphs
        (A) and
            (D) is 
 any Federal building--
            (i) under the jurisdiction, custody, and 
 control of the Administrator; and
            (ii) 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) .
            (C) 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.
            (D) 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) --
            (i) 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
            (ii) 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.
        (E) 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.

    (2) 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) .

    (3) 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.

    (4) Sunset.--
        (A) Termination of authority.--Except as provided 
 in subparagraph
        (B) , the authority provided under this 
 section terminates on December 31, 2028.
        (B) Effect on prior actions.--The termination of 
 authority under subparagraph
        (A) shall not affect--
            (i) any action taken, any right or duty 
 that matured, or any proceeding commenced under 
 this section before that termination of 
 authority; or
            (ii) the continued enforcement or 
 implementation of any final rule, order, 
 agreement, or decision issued pursuant to that 
 authority prior to that termination.
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