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