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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4465 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 4465

_______________________________________________________________________

                                 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.

            Passed the House of Representatives May 23, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 4465

_______________________________________________________________________

                                 AN ACT

To decrease the deficit by consolidating and selling Federal buildings 
       and other civilian real property, and for other purposes.
```