PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1463 

Public Law 114–287 

114th Congress 

An Act 

To decrease the deficit by consolidating and selling Federal buildings and other 

civilian real property, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Federal Assets 

Sale and Transfer Act of 2016’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Board. 

Sec. 5. Board meetings. 

Sec. 6. Compensation and travel expenses. 

Sec. 7. Executive Director. 

Sec. 8. Staff. 

Sec. 9. Contracting authority. 

Sec. 10. Termination. 

Sec. 11. Development of recommendations to Board. 

Sec. 12. Board duties. 

Sec. 13. Review by OMB. 

Sec. 14. Implementation of Board recommendations. 

Sec. 15. Authorization of appropriations. 

Sec. 16. Funding. 

Sec. 17. Congressional approval of proposed projects. 

Sec. 18. Preclusion of judicial review. 

Sec. 19. Implementation review by GAO. 

Sec. 20. Agency retention of proceeds. 

Sec. 21. Federal real property database. 

Sec. 22. Streamlining McKinney-Vento Homeless Assistance Act. 

Sec. 23. Additional property. 

Sec. 24. Sale of 12th and Independence. 

Sec. 25. Sale of Cotton Annex. 

SEC. 2. PURPOSES. 

The purpose of this Act is to reduce the costs of Federal real 

estate by— 

(1) consolidating the footprint of Federal buildings and 

facilities; 

(2) maximizing the utilization rate of Federal buildings 

and facilities; 

(3) reducing the reliance on leased space; 

(4) selling or redeveloping high value assets that are underutilized to obtain the highest and best value for the taxpayer 

and maximize the return to the taxpayer; 

(5) reducing the operating and maintenance costs of Federal 

civilian real properties; 

Federal Assets 

Sale and 

Transfer Act of 

2016. 

40 USC 1303 

note. 

Dec. 16, 2016 

[H.R. 4465] 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1464 PUBLIC LAW 114–287—DEC. 16, 2016 

(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 

Applicability. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1465 

(II) any property title that is held in trust 

by the United States for the benefit of an Indian 

tribe or individual or held by an Indian tribe or 

individual subject to restriction by the United 

States against alienation. 

(vi) Properties operated and maintained by the 

Tennessee Valley Authority pursuant to the Tennessee 

Valley Authority Act of 1933 (16 U.S.C. 831 et seq.). 

(vii) Postal properties owned by the United States 

Postal Service. 

(viii) Properties used in connection with Federal 

programs for agricultural, recreational, or conservation 

purposes, including research in connection with the 

programs. 

(ix) Properties used in connection with river, 

harbor, flood control, reclamation, or power projects. 

(x) Properties located outside the United States 

operated or maintained by the Department of State 

or the United States Agency for International Development. 

(6) FIELD OFFICE.—The term ‘‘field office’’ means any Federal office that is not the headquarters office location for the 

Federal agency. 

(7) HUD.—The term ‘‘HUD’’ means the Department of 

Housing and Urban Development. 

(8) OMB.—The term ‘‘OMB’’ means the Office of Management and Budget. 

(9) VALUE OF TRANSACTIONS.—The term ‘‘value of transactions’’ means the sum of the estimated proceeds and estimated costs, based on the accounting system developed or 

identified under section 12(e), associated with the transactions 

included in Board recommendations. 

SEC. 4. BOARD. 

(a) ESTABLISHMENT.—There is established an independent 

board to be known as the Public Buildings Reform Board. 

(b) DUTIES.—The Board shall carry out the duties as specified 

in this Act. 

(c) MEMBERSHIP.— 

(1) IN GENERAL.—The Board shall be composed of a Chairperson appointed by the President, by and with the advice 

and consent of the Senate, and six members appointed by 

the President. 

(2) APPOINTMENTS.—In selecting individuals for appointments to the Board, the President shall consult with— 

(A) the Speaker of the House of Representatives concerning the appointment of two members; 

(B) the majority leader of the Senate concerning the 

appointment of two members; 

(C) the minority leader of the House of Representatives 

concerning the appointment of one member; and 

(D) the minority leader of the Senate concerning the 

appointment of one member. 

(3) TERMS.—The term for each member of the Board shall 

be 6 years. 

(4) VACANCIES.—Vacancies shall be filled in the same 

manner as the original appointment. 

Consultation. 

President. 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1466 PUBLIC LAW 114–287—DEC. 16, 2016 

(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. 

Federal Register, 

publication. 

Web posting. 

Deadline. 

Public 

information. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1467 

SEC. 7. EXECUTIVE DIRECTOR. 

(a) APPOINTMENT.—The Board shall appoint an Executive 

Director, who may be appointed without regard to the provisions 

of title 5, United States Code, governing appointments in the 

competitive service. 

(b) RATE OF PAY.—The Executive Director shall be paid at 

the rate of basic pay payable for level IV of the Executive Schedule 

under section 5315 of title 5, United States Code. 

SEC. 8. STAFF. 

(a) ADDITIONAL PERSONNEL.—Subject to subsection (b), the 

Executive Director may request additional personnel detailed from 

Federal agencies. 

(b) REQUESTS FOR DETAIL EMPLOYEES.—Upon request of the 

Executive Director and approval of the Board and the Director 

of OMB, the head of any Federal agency shall detail the requested 

personnel of that agency to the Board to assist the Board in carrying 

out its duties under this Act. 

(c) QUALIFICATIONS.—Appointments shall be made with consideration of a balance of expertise consistent with the qualifications 

of representatives described in section 4(c)(5). 

SEC. 9. CONTRACTING AUTHORITY. 

(a) EXPERTS AND CONSULTANTS.—The Board, to the extent practicable and subject to appropriations Acts, shall use contracts, 

including nonappropriated contracts, entered into by the Administrator for services necessary to carry out the duties of the Board. 

(b) OFFICE SPACE.—The Administrator, in consultation with 

the Board, shall identify and provide, without charge, suitable 

office space within the existing Federal space inventory to house 

the operations of the Board. 

(c) PERSONAL PROPERTY.—The Board shall use personal property already in the custody and control of the Administrator. 

SEC. 10. TERMINATION. 

The Board shall cease operations and terminate 6 years after 

the date of enactment of this Act. 

SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD. 

(a) SUBMISSIONS OF AGENCY INFORMATION AND RECOMMENDATIONS.—Not later than 120 days after the date of enactment of 

this Act, and not later than 120 days after the first day of each 

fiscal year thereafter until the termination of the Board, the head 

of each Federal agency shall submit to the Administrator and 

the Director of OMB the following: 

(1) CURRENT DATA.—Current data of all Federal civilian 

real properties owned, leased, or controlled by the agency, 

including all relevant information prescribed by the Administrator and the Director of OMB, including data related to 

the age and condition of the property, operating costs, history 

of capital expenditures, sustainability metrics, number of Federal employees and functions housed in the respective property, 

and square footage (including gross, rentable, and usable). 

(2) AGENCY RECOMMENDATIONS.—Recommendations of the 

agency on the following: 

(A) Federal civilian real properties that can be sold 

for proceeds or otherwise disposed of, reported as excess, 

declared surplus, outleased, or otherwise no longer meeting 

Deadlines. 

Time period. 

Consultation. 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1468 PUBLIC LAW 114–287—DEC. 16, 2016 

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 longterm 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 

Applicability. 

Consultation. 

Review. 

Deadline. 

Consultation. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1469 

incorporate and apply clear standard utilization rates to the extent 

that such standard rates increase efficiency and provide performance data. The utilization rates shall be consistent throughout 

each applicable category of space and with nongovernment space 

utilization rates. To the extent the space utilization rate of a given 

agency exceeds the utilization rates to be applied under this subsection, the Director of OMB may recommend realignment, colocation, 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). 

Notification. 

Deadline. 

Notification. 

Federal Register, 

publication. 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1470 PUBLIC LAW 114–287—DEC. 16, 2016 

(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.— 

Time period. 

Applicability. 

Recommendations. 

Determination. 

Deadline. 

Evaluation. 

Recommendations. 

Determination. 

Deadlines. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1471 

(1) IN GENERAL.—Subject to the schedule and limitations 

specified in paragraph (2), the Board shall transmit to the 

Director of OMB, and publicly post on a Federal Web site 

maintained by the Board, reports containing the Board’s 

findings, conclusions, and recommendations for— 

(A) the consolidation, exchange, co-location, reconfiguration, lease reductions, sale, outlease, and redevelopment 

of Federal civilian real properties; and 

(B) other operational efficiencies that can be realized 

in the Government’s operation and maintenance of such 

properties. 

(2) SCHEDULE AND LIMITATIONS.— (A) FIRST ROUND.—Not later than 2 years after the 

date of transmittal of the list of properties recommended 

pursuant to subsection (b), the Board shall transmit to 

the Director of OMB the first report required under paragraph (1). The total value of transactions contained in 

the first report may not exceed $2,500,000,000. 

(B) SECOND ROUND.—Not earlier than 3 years after 

the date of transmittal of the first report, the Board shall 

transmit to the Director of OMB the second report required 

under paragraph (1). The total value of transactions contained in the second report may not exceed $4,750,000,000. 

(3) CONSENSUS IN MAJORITY.—The Board shall seek to 

develop consensus recommendations, but if a consensus cannot 

be obtained, the Board may include in the reports required 

under this subsection recommendations that are supported by 

a majority of the Board. 

(h) FEDERAL WEB SITE.—The Board shall establish and maintain a Federal Web site for the purposes of making relevant information publicly available. 

(i) REVIEW BY GAO.—The Comptroller General of the United 

States shall transmit to Congress and the Board a report containing 

a detailed analysis of the recommendations and selection process. 

SEC. 13. REVIEW BY OMB. 

(a) REVIEW OF RECOMMENDATIONS.—Upon receipt of the Board’s 

recommendations pursuant to subsections (b) and (g) of section 

12, the Director of OMB shall conduct a review of the recommendations. 

(b) REPORT TO BOARD AND CONGRESS.—Not later than 30 days 

after the receipt of the Board’s recommendations, the Director of 

OMB shall transmit to the Board and Congress a report that 

sets forth the Director of OMB’s approval or disapproval of the 

Board’s recommendations. 

(c) APPROVAL AND DISAPPROVAL.— 

(1) APPROVAL.—If the Director of OMB approves the 

Board’s recommendations, the Director of OMB shall transmit 

a copy of the recommendations to Congress, together with a 

certification of such approval. 

(2) DISAPPROVAL.—If the Director of OMB disapproves the 

Board’s recommendations, in whole or in part, the Director 

of OMB shall transmit a copy of the recommendations to Congress and the reasons for disapproval of the recommendations 

to the Board and Congress. 

(3) REVISED RECOMMENDATIONS.—Not later than 30 days 

after the receipt of reasons for disapproval under paragraph 

Deadline. 

Records. 

Records. 

Certification. 

Public 

information. 

Deadlines. 

Web posting. 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1472 PUBLIC LAW 114–287—DEC. 16, 2016 

(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— 

Certification. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1473 

(i) in consultation with the Administrator, continue 

to act within the Federal agency’s existing legal 

authorities, including legal authorities delegated to the 

Federal agency by the Administrator; or 

(ii) work in partnership with the Administrator 

to carry out such actions. 

(B) NECESSARY AND PROPER ACTIONS.—The Administrator may take such necessary and proper actions, 

including the sale, conveyance, or exchange of civilian real 

property, as required to implement the Board’s recommendations in the time period required under subsection 

(a). 

(2) EXPERTS.—A Federal agency may enter into no cost, 

nonappropriated contracts for expert commercial real estate 

services to carry out the Federal agency’s responsibilities pursuant to the recommendations. 

(d) DISCRETION OF ADMINISTRATOR REGARDING TRANSACTIONS.—For any transaction identified, recommended, or commenced as a result of this Act, any otherwise required legal priority 

given to, or requirement to enter into, a transaction to convey 

a Federal civilian real property for less than fair market value, 

for no consideration at all, or in a transaction that mandates 

the exclusion of other market participants, shall be at the discretion 

of the Administrator. 

(e) RELATIONSHIP TO OTHER LAWS.—Any recommendation or 

commencement of a sale, disposal, consolidation, reconfiguration, 

co-location, or realignment of civilian real property under this Act 

shall not be subject to— 

(1) section 545(b)(8) of title 40, United States Code; 

(2) sections 550, 553, and 554 of title 40, United States 

Code; 

(3) any section of the Act entitled ‘‘An Act Authorizing 

the transfer of certain real property for wildlife, or other purposes’’ (16 U.S.C. 667b); 

(4) section 47151 of title 49, United States Code; 

(5) sections 107 and 317 of title 23, United States Code; 

(6) section 1304(b) of title 40, United States Code; 

(7) section 13(d) of the Surplus Property Act of 1944 (50 

U.S.C. App. 1622(d)); 

(8) any other provision of law authorizing the conveyance 

of real property owned by the Government for no consideration; 

and 

(9) any congressional notification requirement other than 

that in section 545 of title 40, United States Code. 

(f) PUBLIC BENEFIT.— 

(1) SUBMISSION OF INFORMATION TO HUD.—The Director 

of OMB shall submit to the Secretary of HUD, on the same 

day the Director of OMB submits the Board’s recommendations 

to Congress pursuant to paragraphs (1) and (4) of section 13(c), 

all known information on Federal civilian real properties that 

are included in the recommendations (except those recommended under section 12(b)). 

(2) HUD TO REPORT TO BOARD.—Not later than 30 days 

after the submission of information on Federal properties under 

paragraph (1), the Secretary shall identify any suitable civilian 

real properties for use as a property benefiting the mission 

of assistance to the homeless for the purposes of further 

Partnership. 

Consultation. 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1474 PUBLIC LAW 114–287—DEC. 16, 2016 

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 

Determination. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1475 

(B) the amount by which the costs (as determined 

by the head of the disposing agency) that would otherwise 

have been incurred by the Secretary for such restoration, 

waste management, and environmental compliance activities with respect to such property exceed the fair market 

value of such property as so specified. 

(4) INFORMATION TO BE PROVIDED TO RECIPIENTS.—As part 

of an agreement under paragraph (1), the head of the disposing 

agency shall disclose, in accordance with applicable law, to 

the person to whom the civilian real property will be transferred 

information possessed by the disposing agency regarding the 

environmental restoration, waste management, and environmental compliance activities that relate to the property. The 

head of the disposing agency shall provide such information 

before entering into the agreement. 

(5) CONSIDERATION OF ENVIRONMENTAL REMEDIATION IN

GRANTING TIME EXTENSIONS.—For the purposes of granting time 

extensions under subsection (a), the Director of OMB shall 

give the need for significant environmental remediation to a 

civilian real property more weight than any other factor in 

determining whether to grant an extension to implement a 

Board recommendation. 

(6) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this Act may be construed to modify, alter, or amend CERCLA, 

the National Environmental Policy Act of 1969, or the Solid 

Waste Disposal Act (42 U.S.C. 6901 et seq.). 

SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this Act 

an initial appropriation of— (1) $2,000,000 for salaries and expenses of the Board; and 

(2) $40,000,000 to be deposited into the Asset Proceeds 

and Space Management Fund for activities related to the 

implementation of the Board’s recommendations. 

SEC. 16. FUNDING. 

(a) SALARIES AND EXPENSES ACCOUNT.— (1) ESTABLISHMENT.—There is established in the Treasury 

of the United States an account to be known as the ‘‘Public 

Buildings Reform Board Salaries and Expenses Account’’ (in 

this subsection referred to as the ‘‘Account’’). 

(2) NECESSARY PAYMENTS.—There shall be deposited into 

the Account such amounts, as are provided in appropriations 

Acts, for those necessary payments for salaries and expenses 

to accomplish the administrative needs of the Board. 

(b) ASSET PROCEEDS AND SPACE MANAGEMENT FUND.— (1) ESTABLISHMENT.—There is established within the Federal Buildings Fund established under section 592 of title 40, 

United States Code, an account to be known as the Public 

Buildings Reform Board—Asset Proceeds and Space Management Fund (in this subsection referred to as the ‘‘Fund’’). 

(2) USE OF AMOUNTS.—Amounts in the Fund shall be used 

solely for the purposes of carrying out actions pursuant to 

the Board recommendations approved under section 13. 

(3) DEPOSITS.—The following amounts shall be deposited 

into the Fund and made available for obligation or expenditure 

only as provided in advance in appropriations Acts (subject 

to section 3307 of title 40, United States Code, to the extent 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1476 PUBLIC LAW 114–287—DEC. 16, 2016 

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. 

Deadline. 

President. 

Estimate. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1477 

SEC. 20. AGENCY RETENTION OF PROCEEDS. 

(a) IN GENERAL.—Section 571 of title 40, United States Code, 

is amended by striking subsections (a) and (b) and inserting the 

following: 

‘‘(a) PROCEEDS FROM TRANSFER OR SALE OF REAL PROPERTY.— 

‘‘(1) DEPOSIT OF NET PROCEEDS.—Net proceeds described 

in subsection (c) shall be deposited into the appropriate real 

property account of the agency that had custody and accountability for the real property at the time the real property 

is determined to be excess. 

‘‘(2) EXPENDITURE OF NET PROCEEDS.—The net proceeds 

deposited pursuant to paragraph (1) may only be expended, 

as authorized in annual appropriations Acts, for activities 

described in sections 543 and 545, including paying costs 

incurred by the General Services Administration for any disposal-related activity authorized by this chapter. 

‘‘(3) DEFICIT REDUCTION.—Any net proceeds described in 

subsection (c) from the sale, lease, or other disposition of surplus real property that are not expended under paragraph 

(2) shall be used for deficit reduction. Any net proceeds not 

obligated within 3 years after the date of deposit and not 

expended within 5 years after such date shall be deposited 

as miscellaneous receipts in the Treasury. 

‘‘(b) EFFECT ON OTHER SECTIONS.—Nothing in this section is 

intended to affect section 572(b), 573, or 574. 

‘‘(c) NET PROCEEDS.—The net proceeds described in this subsection are proceeds under this chapter, less expenses of the transfer 

or disposition as provided in section 572(a), from a— 

‘‘(1) transfer of excess real property to a Federal agency 

for agency use; or 

‘‘(2) sale, lease, or other disposition of surplus real property.’’. 

(b) EFFECTIVE DATE.—The provisions of this section, including 

the amendments made by this section, shall take effect upon the 

termination of the Board pursuant to section 10 and shall not 

apply to proceeds from transactions conducted under section 14. 

SEC. 21. FEDERAL REAL PROPERTY DATABASE. 

(a) DATABASE REQUIRED.—Not later than 1 year after the date 

of enactment of this section, the Administrator of General Services 

shall publish a single, comprehensive, and descriptive database 

of all Federal real property under the custody and control of all 

executive agencies, other than Federal real property excluded for 

reasons of national security, in accordance with subsection (b). 

(b) REQUIRED INFORMATION FOR DATABASE.—The Administrator 

shall collect from the head of each executive agency descriptive 

information, except for classified information, of the nature, use, 

and extent of the Federal real property of each such agency, 

including the following: 

(1) The geographic location of each Federal real property 

of each such agency, including the address and description 

for each such property. 

(2) The total size of each Federal real property of each 

such agency, including square footage and acreage of each 

such property. 

(3) Whether the Federal real property is currently, or will 

in the future be, needed to support agency’s mission or function. 

Deadline. 

Publication. 

Time periods. 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1478 PUBLIC LAW 114–287—DEC. 16, 2016 

(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 

Time period. 

Public 

information. 

Website. 

Consultation. 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–287—DEC. 16, 2016 130 STAT. 1479 

the 20-day period, such property will not be included in 

subsequent publications unless the landholding agency 

makes changes to the property (e.g. improvements) that 

may change the unsuitable determination and the Secretary subsequently determines the property is suitable.’’; 

(4) in subsection (e)— 

(A) in paragraph (2)— 

(i) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’; 

(ii) in subparagraph (A) (as so designated)— 

(I) by striking ‘‘90 days’’ and inserting ‘‘75 

days’’; and 

(II) by striking ‘‘a complete application’’ and 

inserting ‘‘an initial application’’; and 

(iii) by adding at the end the following: 

‘‘(B) An initial application shall set forth— 

‘‘(i) the services that will be offered; 

‘‘(ii) the need for the services; and 

‘‘(iii) the experience of the applicant that demonstrates 

the ability to provide the services.’’; 

(B) in paragraph (3) by striking ‘‘25 days after receipt 

of a completed application’’ and inserting ‘‘10 days after 

receipt of an initial application’’; and 

(C) by adding at the end the following: 

‘‘(4) If the Secretary of Health and Human Services approves 

an initial application, the applicant has 45 days in which to provide 

a final application that sets forth a reasonable plan to finance 

the approved program. 

‘‘(5) No later than 15 days after receipt of the final application, 

the Secretary of Health and Human Services shall review, make 

a final determination, and complete all actions on the final application. The Secretary of Health and Human Services shall maintain 

a public record of all actions taken in response to an application.’’; 

and 

(5) in subsection (f)(1) by striking ‘‘available by’’ and 

inserting ‘‘available, at the applicant’s discretion, by’’. 

SEC. 23. ADDITIONAL PROPERTY. 

Section 549(c)(3)(B)(vii) of title 40, United States Code, is 

amended to read as follows: 

‘‘(vii) a museum attended by the public, and, for 

purposes of determining whether a museum is attended 

by the public, the Administrator shall consider a 

museum to be public if the nonprofit educational or 

public health institution or organization, at minimum, 

accedes to any request submitted for access during 

business hours;’’. 

SEC. 24. SALE OF 12TH AND INDEPENDENCE. 

(a) DEFINITION.—In this section, the term ‘‘property’’ means 

the property located in the District of Columbia, subject to survey 

and as determined by the Administrator of General Services, generally consisting of Squares 325 and 326 and a portion of Square 

351 and generally bounded by 12th Street, Independence Avenue, 

C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, and shall include all associated air 

rights, improvements thereon, and appurtenances thereto. 

Public 

information. 

Records. 

Deadline. 

Review. 

Deadline. 


kgrant on DSKB33CYQ1 with PUBLAW
130 STAT. 1480 PUBLIC LAW 114–287—DEC. 16, 2016 

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

HOUSE REPORTS: No. 114–578, Pt. 1 (Comm. on Transportation and Infrastructure) and Pt. 2 (Comm. on Oversight and Government Reform). 

SENATE REPORTS: No. 114–291 (Comm. on Homeland Security and Governmental 

Affairs) accompanying S. 2375. 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

May 23, considered and passed House. 

Dec. 9, considered and passed Senate. 

Æ 

(b) SALE.—Not later than December 31, 2018, the Administrator 

of General Services shall sell the property at fair market value 

at highest and best use. 

(c) NET PROCEEDS.—Any net proceeds received shall be paid 

into an account in the Federal Buildings Fund established under 

section 592 of title 40, United States Code. Upon deposit, the 

net proceeds from the sale may be expended only subject to a 

specific future appropriation. 

SEC. 25. SALE OF COTTON ANNEX. 

(a) DEFINITION.—In this section, the term ‘‘property’’ means 

property located in the District of Columbia, subject to survey 

and as determined by the Administrator, generally consisting of 

Square 326 south of C Street, all in Southwest Washington, District 

of Columbia, including the building known as the Cotton Annex. 

(b) SALE.—Not later than December 31, 2018, the Administrator 

of General Services shall sell the property at fair market value 

at highest and best use. 

(c) NET PROCEEDS.—Any net proceeds received shall be paid 

into an account in the Federal Buildings Fund established under 

section 592 of title 40, United States Code. Upon deposit, the 

net proceeds from the sale may be expended only subject to a 

specific future appropriation. 

Approved December 16, 2016 

Deadline. 

Deadline. 


kgrant on DSKB33CYQ1 with PUBLAW