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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4465 Enrolled Bill (ENR)]

        H.R.4465

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen

                                 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;
        (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
                    (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.
        (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.
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 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 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).
        (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.--
        (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 (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--
                (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 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
            (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 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.
  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.
        (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 
        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.
    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```