[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-287
114th Congress

An Act


 
To decrease the deficit by consolidating and selling Federal buildings
and other civilian real property, 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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Federal Assets Sale
and Transfer Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Board.
Sec. 5. Board meetings.
Sec. 6. Compensation and travel expenses.
Sec. 7. Executive Director.
Sec. 8. Staff.
Sec. 9. Contracting authority.
Sec. 10. Termination.
Sec. 11. Development of recommendations to Board.
Sec. 12. Board duties.
Sec. 13. Review by OMB.
Sec. 14. Implementation of Board recommendations.
Sec. 15. Authorization of appropriations.
Sec. 16. Funding.
Sec. 17. Congressional approval of proposed projects.
Sec. 18. Preclusion of judicial review.
Sec. 19. Implementation review by GAO.
Sec. 20. Agency retention of proceeds.
Sec. 21. Federal real property database.
Sec. 22. Streamlining McKinney-Vento Homeless Assistance Act.
Sec. 23. Additional property.
Sec. 24. Sale of 12th and Independence.
Sec. 25. Sale of Cotton Annex.

SEC. 2. PURPOSES.

The purpose of this Act is to reduce the costs of Federal real
estate by--
(1) consolidating the footprint of Federal buildings and
facilities;
(2) maximizing the utilization rate of Federal buildings and
facilities;
(3) reducing the reliance on leased space;
(4) selling or redeveloping high value assets that are
underutilized to obtain the highest and best value for the
taxpayer and maximize the return to the taxpayer;
(5) reducing the operating and maintenance costs of Federal
civilian real properties;

[[Page 1464]]

(6) reducing redundancy, overlap, and costs associated with
field offices;
(7) creating incentives for Federal agencies to achieve
greater efficiency in their inventories of civilian real
property;
(8) facilitating and expediting the sale or disposal of
unneeded Federal civilian real properties;
(9) improving the efficiency of real property transfers for
the provision of services to the homeless; and
(10) assisting Federal agencies in achieving the
Government's sustainability goals by reducing excess space,
inventory, and energy consumption, as well as by leveraging new
technologies.
SEC. 3. DEFINITIONS.

In <>  this Act, unless otherwise expressly
stated, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Public Buildings
Reform Board established by section 4.
(3) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(4) Federal agency.--The term ``Federal agency'' means an
executive department or independent establishment in the
executive branch of the Government, and a wholly owned
Government corporation.
(5) Federal civilian real property and civilian real
property.--
(A) In general.--The terms ``Federal civilian real
property'' and ``civilian real property'' refer to
Federal real property assets, including public buildings
as defined in section 3301(a) of title 40, United States
Code, occupied and improved grounds, leased space, or
other physical structures under the custody and control
of any Federal agency.
(B) Exclusions.--Subparagraph (A) shall not be
construed as including any of the following types of
property:
(i) Properties that are on military
installations (including any fort, camp, post,
naval training station, airfield proving ground,
military supply depot, military school, or any
similar facility of the Department of Defense).
(ii) A base, camp, post, station, yard,
center, or homeport facility for any ship or
activity under the jurisdiction of the Coast
Guard.
(iii) Properties that are excluded for reasons
of national security by the Director of the Office
of Management and Budget.
(iv) Properties that are excepted from the
definition of the term ``property'' under section
102 of title 40, United States Code.
(v) Indian and Native Alaskan properties,
including--
(I) any property within the limits
of an Indian reservation to which the
United States owns title for the benefit
of an Indian tribe; and

[[Page 1465]]

(II) any property title that is held
in trust by the United States for the
benefit of an Indian tribe or individual
or held by an Indian tribe or individual
subject to restriction by the United
States against alienation.
(vi) Properties operated and maintained by the
Tennessee Valley Authority pursuant to the
Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.).
(vii) Postal properties owned by the United
States Postal Service.
(viii) Properties used in connection with
Federal programs for agricultural, recreational,
or conservation purposes, including research in
connection with the programs.
(ix) Properties used in connection with river,
harbor, flood control, reclamation, or power
projects.
(x) Properties located outside the United
States operated or maintained by the Department of
State or the United States Agency for
International Development.
(6) Field office.--The term ``field office'' means any
Federal office that is not the headquarters office location for
the Federal agency.
(7) HUD.--The term ``HUD'' means the Department of Housing
and Urban Development.
(8) OMB.--The term ``OMB'' means the Office of Management
and Budget.
(9) Value of transactions.--The term ``value of
transactions'' means the sum of the estimated proceeds and
estimated costs, based on the accounting system developed or
identified under section 12(e), associated with the transactions
included in Board recommendations.
SEC. 4. BOARD.

(a) Establishment.--There is established an independent board to be
known as the Public Buildings Reform Board.
(b) Duties.--The Board shall carry out the duties as specified in
this Act.
(c) <>  Membership.--
(1) In general.--The Board shall be composed of a
Chairperson appointed by the President, by and with the advice
and consent of the Senate, and six members appointed by the
President.
(2) <>  Appointments.--In selecting
individuals for appointments to the Board, the President shall
consult with--
(A) the Speaker of the House of Representatives
concerning the appointment of two members;
(B) the majority leader of the Senate concerning the
appointment of two members;
(C) the minority leader of the House of
Representatives concerning the appointment of one
member; and
(D) the minority leader of the Senate concerning the
appointment of one member.
(3) Terms.--The term for each member of the Board shall be 6
years.
(4) Vacancies.--Vacancies shall be filled in the same manner
as the original appointment.

[[Page 1466]]

(5) Qualifications.--In selecting individuals for
appointment to the Board, the President shall ensure that the
Board contains individuals with expertise representative of the
following:
(A) Commercial real estate and redevelopment.
(B) Space optimization and utilization.
(C) Community development, including transportation
and planning.
SEC. 5. BOARD MEETINGS.

(a) <>  Open Meetings.--Each meeting of
the Board, other than meetings in which classified information is to be
discussed, shall be open to the public. <>  Any open meeting shall be
announced in the Federal Register and the Federal Web site established
by the Board at least 14 calendar days in advance of a meeting. For all
public meetings, the Board shall release an agenda and a listing of
materials relevant to the topics to be discussed.

(b) Quorum and Meetings.--Five Board members shall constitute a
quorum for the purposes of conducting business and three or more Board
members shall constitute a meeting of the Board.
(c) Transparency of Information.--All the proceedings, information,
and deliberations of the Board shall be open, upon request, to the
Chairperson and ranking minority party member, and their respective
subcommittee Chairperson and subcommittee ranking minority party member,
of--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives;
(2) the Committee on Oversight and Government Reform of the
House of Representatives;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(4) the Committee on Environment and Public Works of the
Senate; and
(5) the Committees on Appropriations of the House of
Representatives and the Senate.

(d) Government Accountability Office.--All proceedings, information,
and deliberations of the Board shall be open, upon request, to the
Comptroller General of the United States.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

(a) Compensation.--
(1) Rate of pay for members.--Each member, other than the
Chairperson, shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
during which the member is engaged in the actual performance of
duties vested in the Board.
(2) Rate of pay for chairperson.--The Chairperson shall be
paid for each day referred to in paragraph (1) at a rate equal
to the daily equivalent of the minimum annual rate of basic pay
payable for level III of the Executive Schedule under section
5314 of title 5, United States Code.

(b) Travel.--Members shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.

[[Page 1467]]

SEC. 7. EXECUTIVE DIRECTOR.

(a) Appointment.--The Board shall appoint an Executive Director, who
may be appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
(b) Rate of Pay.--The Executive Director shall be paid at the rate
of basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
SEC. 8. STAFF.

(a) Additional Personnel.--Subject to subsection (b), the Executive
Director may request additional personnel detailed from Federal
agencies.
(b) Requests for Detail Employees.--Upon request of the Executive
Director and approval of the Board and the Director of OMB, the head of
any Federal agency shall detail the requested personnel of that agency
to the Board to assist the Board in carrying out its duties under this
Act.
(c) Qualifications.--Appointments shall be made with consideration
of a balance of expertise consistent with the qualifications of
representatives described in section 4(c)(5).
SEC. 9. CONTRACTING AUTHORITY.

(a) Experts and Consultants.--The Board, to the extent practicable
and subject to appropriations Acts, shall use contracts, including
nonappropriated contracts, entered into by the Administrator for
services necessary to carry out the duties of the Board.
(b) <>  Office Space.--The Administrator, in
consultation with the Board, shall identify and provide, without charge,
suitable office space within the existing Federal space inventory to
house the operations of the Board.

(c) Personal Property.--The Board shall use personal property
already in the custody and control of the Administrator.
SEC. 10. <>  TERMINATION.

The Board shall cease operations and terminate 6 years after the
date of enactment of this Act.
SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD.

(a) Submissions of Agency Information and Recommendations.--
<> Not later than 120 days after the date of enactment
of this Act, and not later than 120 days after the first day of each
fiscal year thereafter until the termination of the Board, the head of
each Federal agency shall submit to the Administrator and the Director
of OMB the following:
(1) Current data.--Current data of all Federal civilian real
properties owned, leased, or controlled by the agency, including
all relevant information prescribed by the Administrator and the
Director of OMB, including data related to the age and condition
of the property, operating costs, history of capital
expenditures, sustainability metrics, number of Federal
employees and functions housed in the respective property, and
square footage (including gross, rentable, and usable).
(2) Agency recommendations.--Recommendations of the agency
on the following:
(A) Federal civilian real properties that can be
sold for proceeds or otherwise disposed of, reported as
excess, declared surplus, outleased, or otherwise no
longer meeting

[[Page 1468]]

the needs of the agency, excluding leasebacks or other
such exchange agreements where the property continues to
be used by the agency.
(B) Federal civilian real properties that can be
transferred, exchanged, consolidated, co-located,
reconfigured, or redeveloped, so as to reduce the
civilian real property inventory, reduce the operating
costs of the Government, and create the highest value
and return for the taxpayer.
(C) Operational efficiencies that the Government can
realize in its operation and maintenance of Federal
civilian real properties.

(b) Standards and Criteria.--
(1) <>  Development of
standards and criteria.--Not later than 60 days after the
deadline for submissions of agency recommendations under
subsection (a), the Director of OMB, in consultation with the
Administrator, shall--
(A) <>  review the agency
recommendations;
(B) develop consistent standards and criteria
against which the agency recommendations will be
reviewed; and
(C) submit to the Board the recommendations
developed pursuant to paragraph (2).
(2) Recommendations to board.--The Director of OMB and the
Administrator shall jointly develop recommendations to the Board
based on the standards and criteria developed under paragraph
(1).
(3) <>  Factors.--In developing the
standards and criteria under paragraph (1), the Director of OMB,
in consultation with the Administrator, shall incorporate the
following factors:
(A) The extent to which the civilian real property
could be sold (including property that is no longer
meeting the needs of the Government), redeveloped,
outleased, or otherwise used to produce the highest and
best value and return for the taxpayer.
(B) The extent to which the operating and
maintenance costs are reduced through consolidating, co-
locating, and reconfiguring space, and through realizing
other operational efficiencies.
(C) The extent to which the utilization rate is
being maximized and is consistent with non-governmental
industry standards for the given function or operation.
(D) The extent and timing of potential costs and
savings, including the number of years, beginning with
the date of completion of the proposed recommendation.
(E) The extent to which reliance on leasing for
long-term space needs is reduced.
(F) The extent to which a civilian real property
aligns with the current mission of the Federal agency.
(G) The extent to which there are opportunities to
consolidate similar operations across multiple agencies
or within agencies.
(H) The economic impact on existing communities in
the vicinity of the civilian real property.
(I) The extent to which energy consumption is
reduced.
(J) The extent to which public access to agency
services is maintained or enhanced.

(c) Special Rule for Utilization Rates.--
<> Standards developed by the Director of OMB
pursuant to subsection (b) shall

[[Page 1469]]

incorporate and apply clear standard utilization rates to the extent
that such standard rates increase efficiency and provide performance
data. The utilization rates shall be consistent throughout each
applicable category of space and with nongovernment space utilization
rates. To the extent the space utilization rate of a given agency
exceeds the utilization rates to be applied under this subsection, the
Director of OMB may recommend realignment, co-location, consolidation,
or other type of action to improve space utilization.

(d) Submission to Board.--
(1) In general.--The Director of OMB shall submit the
standards, criteria, and recommendations developed pursuant to
subsection (b) to the Board with all supporting information,
data, analyses, and documentation.
(2) <>  Publication.--
The standards, criteria, and recommendations developed pursuant
to subsection (b) shall be published in the Federal Register and
transmitted to the committees listed in section 5(c) and to the
Comptroller General of the United States.
(3) Access to information.--The Board shall also have access
to all information pertaining to the recommendations developed
pursuant to subsection (b), including supporting information,
data, analyses, and documentation submitted pursuant to
subsection (a). Upon request, a Federal agency shall provide to
the Board any additional information pertaining to the civilian
real properties under the custody, control, or administrative
jurisdiction of the Federal agency. <>  The
Board shall notify the committees listed in section 5(c) of any
failure by an agency to comply with a request of the Board.
SEC. 12. BOARD DUTIES.

(a) Identification of Property Reduction Opportunities.--The Board
shall identify opportunities for the Government to reduce significantly
its inventory of civilian real property and reduce costs to the
Government.
(b) Identification of High Value Assets.--
(1) <>  Identification of certain
properties.--Not later than 180 days after Board members are
appointed pursuant to section 4, the Board shall--
(A) identify not fewer than five Federal civilian
real properties that are not on the list of surplus or
excess as of such date with a total fair market value of
not less than $500,000,000 and not more than
$750,000,000; and
(B) transmit the list of the Federal civilian real
properties to the Director of OMB and Congress as Board
recommendations and subject to the approval process
described in section 13.
(2) Information and data.--In order to meet the goal
established under paragraph (1), each Federal agency shall
provide, upon request, any and all information and data
regarding its civilian real properties to the
Board. <>  The Board shall notify the
committees listed in section 5(c) of any failure by an agency to
comply with a request of the Board.
(3) Factors.--In identifying properties pursuant to
paragraph (1), the Board shall consider the factors listed in
section 11(b)(3).

[[Page 1470]]

(4) Leaseback restrictions.--None of the existing
improvements on properties sold under this subsection may be
leased back to the Government.
(5) Report of excess.--Not later than 60 days after the
approval of Board recommendations pursuant to paragraph (1),
Federal agencies with custody, control, or administrative
jurisdiction over the identified properties shall submit a
Report of Excess to the General Services Administration.
(6) <>  Sale.--
(A) Initiation of sale.--Not later than 120 days
after the acceptance by the Administrator of the Report
of Excess and notwithstanding any other provision of law
(including section 501 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411), but except as provided
in section 14(g)), the General Services Administration
shall initiate the sale of the civilian real properties
described in paragraph (1).
(B) <>  Completion of sale.--
Not later than 1 year after the acceptance of the Report
of Excess, the Administrator shall sell the civilian
real properties at fair market value at highest and best
use, unless the Director of OMB determines it is in the
financial interest of the Government to execute a sale
more than a year after the acceptance of the Report of
Excess, but not greater than 2 years after the
acceptance of the Report of Excess.

(c) <>  Analysis of Inventory.--The Board
shall perform an independent analysis of the inventory of Federal
civilian real property and the recommendations submitted pursuant to
section 11. The Board shall not be bound or limited by the
recommendations submitted pursuant to section 11. If, in the opinion of
the Board, an agency fails to provide needed information, data, or
adequate recommendations that meet the standards and criteria, the Board
shall develop such recommendations as the Board considers appropriate
based on existing data contained in the Federal Real Property Profile or
other relevant information.

(d) Information and Proposals.--
(1) Receipt.--Notwithstanding any other provision of law,
the Board may receive and consider proposals, information, and
other data submitted by State and local officials and the
private sector.
(2) Consultation.--The Board shall consult with State and
local officials on information, proposals, and other data that
the officials submit to the Board.
(3) Availability.--Information submitted to the Board shall
be made publicly available.

(e) <>  Accounting System.--Not later
than 120 days after the date of enactment of this Act, the Board shall
identify or develop and implement a system of accounting to be used to
independently evaluate the costs of and returns on the
recommendations. <>  Such accounting system shall be applied in
developing the Board's recommendations and determining the highest
return to the taxpayer. In <>  applying the
accounting system, the Board shall set a standard performance period of
not less than 15 years.

(f) Public Hearing.--The Board shall conduct public hearings. All
testimony before the Board at a public hearing under this subsection
shall be presented under oath.
(g) Reporting of Information and Recommendations.--

[[Page 1471]]

(1) <>  In general.--Subject to the
schedule and limitations specified in paragraph (2), the Board
shall transmit to the Director of OMB, and publicly post on a
Federal Web site maintained by the Board, reports containing the
Board's findings, conclusions, and recommendations for--
(A) the consolidation, exchange, co-location,
reconfiguration, lease reductions, sale, outlease, and
redevelopment of Federal civilian real properties; and
(B) other operational efficiencies that can be
realized in the Government's operation and maintenance
of such properties.
(2) <>  Schedule and limitations.--
(A) First round.--Not later than 2 years after the
date of transmittal of the list of properties
recommended pursuant to subsection (b), the Board shall
transmit to the Director of OMB the first report
required under paragraph (1). The total value of
transactions contained in the first report may not
exceed $2,500,000,000.
(B) Second round.--Not earlier than 3 years after
the date of transmittal of the first report, the Board
shall transmit to the Director of OMB the second report
required under paragraph (1). The total value of
transactions contained in the second report may not
exceed $4,750,000,000.
(3) Consensus in majority.--The Board shall seek to develop
consensus recommendations, but if a consensus cannot be
obtained, the Board may include in the reports required under
this subsection recommendations that are supported by a majority
of the Board.

(h) <>  Federal Web Site.--The Board
shall establish and maintain a Federal Web site for the purposes of
making relevant information publicly available.

(i) Review by GAO.--The Comptroller General of the United States
shall transmit to Congress and the Board a report containing a detailed
analysis of the recommendations and selection process.
SEC. 13. REVIEW BY OMB.

(a) Review of Recommendations.--Upon receipt of the Board's
recommendations pursuant to subsections (b) and (g) of section 12, the
Director of OMB shall conduct a review of the recommendations.
(b) Report to Board and Congress.--Not later than 30 days after the
receipt of the Board's recommendations, the Director of OMB shall
transmit to the Board and Congress a report that sets forth the Director
of OMB's approval or disapproval of the Board's recommendations.
(c) Approval and Disapproval.--
(1) <>  Approval.--If the
Director of OMB approves the Board's recommendations, the
Director of OMB shall transmit a copy of the recommendations to
Congress, together with a certification of such approval.
(2) <>  Disapproval.--If the Director of OMB
disapproves the Board's recommendations, in whole or in part,
the Director of OMB shall transmit a copy of the recommendations
to Congress and the reasons for disapproval of the
recommendations to the Board and Congress.
(3) <>  Revised recommendations.--Not later
than 30 days after the receipt of reasons for disapproval under
paragraph

[[Page 1472]]

(2), the Board shall transmit to the Director of OMB revised
recommendations for approval.
(4) <>  Approval of revised
recommendations.--If the Director of OMB approves the revised
recommendations received under paragraph (3), the Director of
OMB shall transmit a copy of the revised recommendations to
Congress, together with a certification of such approval.

(d) Termination of Process for Given Round.--If the Director of OMB
does not transmit to Congress an approval and certification described in
paragraph (1) or (4) of subsection (c) on or before the 30th day
following the receipt of the Board's recommendations or revised
recommendations, as the case may be, the process shall terminate until
the following round, as described in section 12.
SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS.

(a) Deadlines.--
(1) Preparation.--Federal agencies shall--
(A) not later than 60 days after the Director of OMB
transmits the Board's recommendations to Congress
pursuant to paragraph (1) or (4) of section 13(c),
immediately begin preparations to carry out the Board's
recommendations; and
(B) not later than 2 years after such transmittal,
initiate all activities necessary to carry out the
Board's recommendations.
(2) Completion.--Not later than 6 years after the Director
of OMB transmits the Board's recommendations to Congress
pursuant to paragraph (1) or (4) of section 13(c), Federal
agencies shall complete all recommended actions. All actions
shall be economically beneficial, cost neutral, or otherwise
favorable to the Government.
(3) Extenuating circumstances.--For actions that will take
longer than the 6-year period described in paragraph (2) due to
extenuating circumstances, Federal agencies shall notify the
Director of OMB and Congress, as soon as the extenuating
circumstance presents itself, with an estimated time to complete
the relevant action.

(b) Actions of Federal Agencies Related to Civilian Real
Properties.--In taking actions related to any civilian real property
under this Act, Federal agencies may take, pursuant to subsection (c),
all such necessary and proper actions, including--
(1) acquiring land, constructing replacement facilities,
performing such other activities, and conducting advance
planning and design as may be required to transfer functions
from a Federal asset or property to another Federal civilian
property;
(2) reimbursing other Federal agencies for actions performed
at the request of the Board; and
(3) taking such actions as are practicable to maximize the
value of Federal civilian real property to be sold by clarifying
zoning and other limitations on use of such property.

(c) Actions of Federal Agencies To Implement Board
Recommendations.--
(1) Use of existing legal authorities.--
(A) In general.--Except as provided in paragraph
(2), when acting on a recommendation of the Board, a
Federal agency shall--

[[Page 1473]]

(i) <>  in consultation
with the Administrator, continue to act within the
Federal agency's existing legal authorities,
including legal authorities delegated to the
Federal agency by the Administrator; or
(ii) <>  work in
partnership with the Administrator to carry out
such actions.
(B) Necessary and proper actions.--The Administrator
may take such necessary and proper actions, including
the sale, conveyance, or exchange of civilian real
property, as required to implement the Board's
recommendations in the time period required under
subsection (a).
(2) Experts.--A Federal agency may enter into no cost,
nonappropriated contracts for expert commercial real estate
services to carry out the Federal agency's responsibilities
pursuant to the recommendations.

(d) Discretion of Administrator Regarding Transactions.--For any
transaction identified, recommended, or commenced as a result of this
Act, any otherwise required legal priority given to, or requirement to
enter into, a transaction to convey a Federal civilian real property for
less than fair market value, for no consideration at all, or in a
transaction that mandates the exclusion of other market participants,
shall be at the discretion of the Administrator.
(e) Relationship to Other Laws.--Any recommendation or commencement
of a sale, disposal, consolidation, reconfiguration, co-location, or
realignment of civilian real property under this Act shall not be
subject to--
(1) section 545(b)(8) of title 40, United States Code;
(2) sections 550, 553, and 554 of title 40, United States
Code;
(3) any section of the Act entitled ``An Act Authorizing the
transfer of certain real property for wildlife, or other
purposes'' (16 U.S.C. 667b);
(4) section 47151 of title 49, United States Code;
(5) sections 107 and 317 of title 23, United States Code;
(6) section 1304(b) of title 40, United States Code;
(7) section 13(d) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(d));
(8) any other provision of law authorizing the conveyance of
real property owned by the Government for no consideration; and
(9) any congressional notification requirement other than
that in section 545 of title 40, United States Code.

(f) Public Benefit.--
(1) Submission of information to hud.--The Director of OMB
shall submit to the Secretary of HUD, on the same day the
Director of OMB submits the Board's recommendations to Congress
pursuant to paragraphs (1) and (4) of section 13(c), all known
information on Federal civilian real properties that are
included in the recommendations (except those recommended under
section 12(b)).
(2) HUD to report to board.--Not later than 30 days after
the submission of information on Federal properties under
paragraph (1), the Secretary shall identify any suitable
civilian real properties for use as a property benefiting the
mission of assistance to the homeless for the purposes of
further

[[Page 1474]]

screening pursuant to section 501 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411).
(3) <>  Additional authority.--
Following the review under paragraph (2), with respect to a
civilian real property that is not identified by the Secretary
as suitable for use as a property benefiting the mission of
assistance to the homeless and that has been recommended for
sale by the Board, the Director of OMB may exclude the property
from the Board's recommendations if the Director determines that
the property is suitable for use as a public park or recreation
area by a State or local government and it is in the best
interest of taxpayers.

(g) Environmental Considerations.--
(1) Transfers of real property.--
(A) In general.--When implementing the recommended
actions for civilian real properties that have been
identified in the Board's report, as specified in
section 12(g), and subject to paragraph (2) and in
compliance with CERCLA, including section 120(h) of
CERCLA (42 U.S.C. 9620(h)), Federal agencies may enter
into an agreement to transfer by deed, pursuant to
section 120(h)(3) of that Act (42 U.S.C. 9620(h)(3)),
civilian real property with any person.
(B) Additional terms and conditions.--The head of
the disposing agency may require any additional terms
and conditions in connection with an agreement
authorized by subparagraph (A) as the head of the
disposing agency considers appropriate to protect the
interests of the United States. Such additional terms
and conditions shall not affect or diminish any rights
or obligations of the Federal agencies under section
120(h) of CERCLA (including, without limitation, the
requirements of subsections (h)(3)(A) and (h)(3)(C)(iv)
of that section).
(2) Certification concerning costs.--A transfer of Federal
civilian real property may be made under paragraph (1) only if
the head of the disposing agency certifies to the Board and
Congress that--
(A) the costs of all environmental restoration,
waste management, and environmental compliance
activities otherwise to be paid by the disposing agency
with respect to the property are equal to or greater
than the fair market value of the property to be
transferred, as determined by the head of the disposing
agency; or
(B) if such costs are lower than the fair market
value of the property, the recipient of the property
agrees to pay the difference between the fair market
value and such costs.
(3) Payments to recipients.--In the case of a civilian real
property covered by a certification under paragraph (2)(A), the
disposing agency may pay the recipient of such property an
amount equal to the lesser of--
(A) the amount by which the costs incurred by the
recipient of such property for all environmental
restoration, waste management, and environmental
compliance activities with respect to such property
exceed the fair market value of such property as
specified in such certification; or

[[Page 1475]]

(B) the amount by which the costs (as determined by
the head of the disposing agency) that would otherwise
have been incurred by the Secretary for such
restoration, waste management, and environmental
compliance activities with respect to such property
exceed the fair market value of such property as so
specified.
(4) Information to be provided to recipients.--As part of an
agreement under paragraph (1), the head of the disposing agency
shall disclose, in accordance with applicable law, to the person
to whom the civilian real property will be transferred
information possessed by the disposing agency regarding the
environmental restoration, waste management, and environmental
compliance activities that relate to the property. The head of
the disposing agency shall provide such information before
entering into the agreement.
(5) Consideration of environmental remediation in granting
time extensions.--For the purposes of granting time extensions
under subsection (a), the Director of OMB shall give the need
for significant environmental remediation to a civilian real
property more weight than any other factor in determining
whether to grant an extension to implement a Board
recommendation.
(6) Limitation on statutory construction.--Nothing in this
Act may be construed to modify, alter, or amend CERCLA, the
National Environmental Policy Act of 1969, or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act an
initial appropriation of--
(1) $2,000,000 for salaries and expenses of the Board; and
(2) $40,000,000 to be deposited into the Asset Proceeds and
Space Management Fund for activities related to the
implementation of the Board's recommendations.
SEC. 16. FUNDING.

(a) Salaries and Expenses Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account to be known as the ``Public
Buildings Reform Board Salaries and Expenses Account'' (in this
subsection referred to as the ``Account'').
(2) Necessary payments.--There shall be deposited into the
Account such amounts, as are provided in appropriations Acts,
for those necessary payments for salaries and expenses to
accomplish the administrative needs of the Board.

(b) Asset Proceeds and Space Management Fund.--
(1) Establishment.--There is established within the Federal
Buildings Fund established under section 592 of title 40, United
States Code, an account to be known as the Public Buildings
Reform Board--Asset Proceeds and Space Management Fund (in this
subsection referred to as the ``Fund'').
(2) Use of amounts.--Amounts in the Fund shall be used
solely for the purposes of carrying out actions pursuant to the
Board recommendations approved under section 13.
(3) Deposits.--The following amounts shall be deposited into
the Fund and made available for obligation or expenditure only
as provided in advance in appropriations Acts (subject to
section 3307 of title 40, United States Code, to the extent

[[Page 1476]]

an appropriation normally covered by that section exceeds
$20,000,000) for the purposes specified:
(A) Such amounts as are provided in appropriations
Acts, to remain available until expended, for the
consolidation, co-location, exchange, redevelopment,
reconfiguration of space, disposal, and other actions
recommended by the Board for Federal agencies.
(B) Amounts received from the sale of any civilian
real property action taken pursuant to a recommendation
of the Board.
(4) Use of amounts to cover costs.--As provided in
appropriations Acts, amounts in the Fund may be made available
to cover necessary costs associated with implementing the
recommendations pursuant to section 14, including costs
associated with--
(A) sales transactions;
(B) acquiring land, construction, constructing
replacement facilities, and conducting advance planning
and design as may be required to transfer functions from
a Federal asset or property to another Federal civilian
property;
(C) co-location, redevelopment, disposal, and
reconfiguration of space; and
(D) other actions recommended by the Board for
Federal agencies.

(c) <>  Additional Requirement for
Budget Contents.--The President shall transmit along with the
President's budget submitted pursuant to section 1105 of title 31,
United States Code, an estimate of proceeds that are the result of the
Board's recommendations and the obligations and expenditures needed to
support such recommendations.
SEC. 17. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

Section 3307(b) of title 40, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a statement of how the proposed project is consistent
with the standards and criteria developed under section 11(b) of
the Federal Assets Sale and Transfer Act of 2016.''.
SEC. 18. PRECLUSION OF JUDICIAL REVIEW.

The following actions shall not be subject to judicial review:
(1) Actions taken pursuant to sections 12 and 13.
(2) Actions of the Board.
SEC. 19. IMPLEMENTATION REVIEW BY GAO.

Upon <>  transmittal of the Board's recommendations
from the Director of OMB to Congress under section 13, the Comptroller
General of the United States at least annually shall monitor and review
the implementation activities of Federal agencies pursuant to section
14, and report to Congress any findings and recommendations.

[[Page 1477]]

SEC. 20. AGENCY RETENTION OF PROCEEDS.

(a) In General.--Section 571 of title 40, United States Code, is
amended by striking subsections (a) and (b) and inserting the following:
``(a) Proceeds From Transfer or Sale of Real Property.--
``(1) Deposit of net proceeds.--Net proceeds described in
subsection (c) shall be deposited into the appropriate real
property account of the agency that had custody and
accountability for the real property at the time the real
property is determined to be excess.
``(2) Expenditure of net proceeds.--The net proceeds
deposited pursuant to paragraph (1) may only be expended, as
authorized in annual appropriations Acts, for activities
described in sections 543 and 545, including paying costs
incurred by the General Services Administration for any
disposal-related activity authorized by this chapter.
``(3) Deficit reduction.--Any net proceeds described in
subsection (c) from the sale, lease, or other disposition of
surplus real property that are not expended <>  under paragraph (2) shall be used for deficit
reduction. Any net proceeds not obligated within 3 years after
the date of deposit and not expended within 5 years after such
date shall be deposited as miscellaneous receipts in the
Treasury.

``(b) Effect on Other Sections.--Nothing in this section is intended
to affect section 572(b), 573, or 574.
``(c) Net Proceeds.--The net proceeds described in this subsection
are proceeds under this chapter, less expenses of the transfer or
disposition as provided in section 572(a), from a--
``(1) transfer of excess real property to a Federal agency
for agency use; or
``(2) sale, lease, or other disposition of surplus real
property.''.

(b) Effective Date.--The provisions of this section, including the
amendments made by this section, shall take effect upon the termination
of the Board pursuant to section 10 and shall not apply to proceeds from
transactions conducted under section 14.
SEC. 21. FEDERAL REAL PROPERTY DATABASE.

(a) <>  Database Required.--Not later
than 1 year after the date of enactment of this section, the
Administrator of General Services shall publish a single, comprehensive,
and descriptive database of all Federal real property under the custody
and control of all executive agencies, other than Federal real property
excluded for reasons of national security, in accordance with subsection
(b).

(b) Required Information for Database.--The Administrator shall
collect from the head of each executive agency descriptive information,
except for classified information, of the nature, use, and extent of the
Federal real property of each such agency, including the following:
(1) The geographic location of each Federal real property of
each such agency, including the address and description for each
such property.
(2) The total size of each Federal real property of each
such agency, including square footage and acreage of each such
property.
(3) Whether the Federal real property is currently, or will
in the future be, needed to support agency's mission or
function.

[[Page 1478]]

(4) The utilization of each Federal real property for each
such agency, including whether such property is excess, surplus,
underutilized, or unutilized.
(5) The number of days each Federal real property is
designated as excess, surplus, underutilized, or unutilized.
(6) The annual operating costs of each Federal real
property.
(7) The replacement value of each Federal real property.

(c) Access to Database.--
(1) <>  Federal agencies.--The
Administrator, in consultation with the Director of OMB, shall
make the database established and maintained under this section
available to other Federal agencies.
(2) <>  Public access.--
To the extent consistent with national security and procurement
laws, the database shall be accessible by the public at no cost
through the Web site of the General Services Administration.

(d) Transparency of Database.--To the extent practicable, the
Administrator shall ensure that the database--
(1) uses an open, machine-readable format;
(2) permits users to search and sort Federal real property
data; and
(3) includes a means to download a large amount of Federal
real property data and a selection of such data retrieved using
a search.

(e) Applicability.--Nothing in this section may be construed to
require an agency to make available to the public information that is
exempt from disclosure pursuant to section 552(b) of title 5, United
States Code.
SEC. 22. STREAMLINING MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411) is amended--
(1) in subsection (b)(2)--
(A) by striking ``(2)(A)'' and inserting ``(2)'';
(B) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(C) in subparagraph (A) (as so redesignated) by
striking ``and'' at the end;
(D) in subparagraph (B) (as so redesignated) by
striking the period at the end and inserting ``; and'';
and
(E) by adding at the end the following:
``(C) in the case of surplus property, the provision
of permanent housing with or without supportive services
is an eligible use to assist the homeless under this
section.'';
(2) in subsection (c)(1)(A) by striking ``in the Federal
Register'' and inserting ``on the Web site of the Department of
Housing and Urban Development or the General Services
Administration'';
(3) in subsection (d)--
(A) in paragraph (1) by striking ``period of 60
days'' and inserting ``period of 30 days'';
(B) in paragraphs (2) and (4) by striking ``60-day
period'' and inserting ``30-day period''; and
(C) <>  in paragraph (3) by
adding at the end the following: ``If no such review of
the determination is requested within

[[Page 1479]]

the 20-day period, such property will not be included in
subsequent publications unless the landholding agency
makes changes to the property (e.g. improvements) that
may change the unsuitable determination and the
Secretary subsequently determines the property is
suitable.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``(2)'' and inserting
``(2)(A)'';
(ii) in subparagraph (A) (as so designated)--
(I) by striking ``90 days'' and
inserting ``75 days''; and
(II) by striking ``a complete
application'' and inserting ``an initial
application''; and
(iii) by adding at the end the following:

``(B) An initial application shall set forth--
``(i) the services that will be offered;
``(ii) the need for the services; and
``(iii) the experience of the applicant that demonstrates
the ability to provide the services.'';
(B) in paragraph (3) by striking ``25 days after
receipt of a completed application'' and inserting ``10
days after receipt of an initial application''; and
(C) by adding at the end the following:

``(4) <>  If the Secretary of Health and Human
Services approves an initial application, the applicant has 45 days in
which to provide a final application that sets forth a reasonable plan
to finance the approved program.

``(5) <>  No later than 15 days after
receipt of the final application, the Secretary of Health and Human
Services shall review, make a final determination, and complete all
actions on the final application. <>  The Secretary of Health and Human Services
shall maintain a public record of all actions taken in response to an
application.''; and
(5) in subsection (f)(1) by striking ``available by'' and
inserting ``available, at the applicant's discretion, by''.
SEC. 23. ADDITIONAL PROPERTY.

Section 549(c)(3)(B)(vii) of title 40, United States Code, is
amended to read as follows:
``(vii) a museum attended by the public, and,
for purposes of determining whether a museum is
attended by the public, the Administrator shall
consider a museum to be public if the nonprofit
educational or public health institution or
organization, at minimum, accedes to any request
submitted for access during business hours;''.
SEC. 24. SALE OF 12TH AND INDEPENDENCE.

(a) Definition.--In this section, the term ``property'' means the
property located in the District of Columbia, subject to survey and as
determined by the Administrator of General Services, generally
consisting of Squares 325 and 326 and a portion of Square 351 and
generally bounded by 12th Street, Independence Avenue, C Street, and the
James Forrestal Building, all in Southwest Washington, District of
Columbia, and shall include all associated air rights, improvements
thereon, and appurtenances thereto.

[[Page 1480]]

(b) <>  Sale.--Not later than December 31, 2018,
the Administrator of General Services shall sell the property at fair
market value at highest and best use.

(c) Net Proceeds.--Any net proceeds received shall be paid into an
account in the Federal Buildings Fund established under section 592 of
title 40, United States Code. Upon deposit, the net proceeds from the
sale may be expended only subject to a specific future appropriation.
SEC. 25. SALE OF COTTON ANNEX.

(a) Definition.--In this section, the term ``property'' means
property located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of Square 326
south of C Street, all in Southwest Washington, District of Columbia,
including the building known as the Cotton Annex.
(b) <>  Sale.--Not later than December 31, 2018,
the Administrator of General Services shall sell the property at fair
market value at highest and best use.

(c) Net Proceeds.--Any net proceeds received shall be paid into an
account in the Federal Buildings Fund established under section 592 of
title 40, United States Code. Upon deposit, the net proceeds from the
sale may be expended only subject to a specific future appropriation.

Approved December 16, 2016

LEGISLATIVE HISTORY--H.R. 4465 (S. 2375):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-578, Pt. 1 (Comm. on Transportation and
Infrastructure) and Pt. 2 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 114-291 (Comm. on Homeland Security and Governmental
Affairs) accompanying S. 2375.
CONGRESSIONAL RECORD, Vol. 162 (2016):
May 23, considered and passed House.
Dec. 9, considered and passed Senate.