House Report 114-578 - FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016[House Report 114-578]
[From the U.S. Government Publishing Office]


114th Congress      }                              {     Rept. 114-578
                        HOUSE OF REPRESENTATIVES
 2d Session         }                              {           Part 2
======================================================================

 
              FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016

                                _______
                                

  May 23, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4465]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 4465) to decrease the deficit by 
consolidating and selling Federal buildings and other civilian 
real property, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................    13
Section-by-Section...............................................    19
Explanation of Amendments........................................    26
Committee Consideration..........................................    26
Application of Law to the Legislative Branch.....................    26
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    26
Statement of General Performance Goals and Objectives............    26
Duplication of Federal Programs..................................    26
Disclosure of Directed Rule Makings..............................    26
Federal Advisory Committee Act...................................    27
Unfunded Mandate Statement.......................................    27
Earmark Identification...........................................    27
Committee Estimate...............................................    27
Budget Authority and Congressional Budget Office Cost Estimate...    27
Changes in Existing Law Made by the Bill, as Reported............    30

    The amendment is as follows:
Strike all after the enacting clause and insert the following:

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.--

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. 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 6 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 2 members;
                  (B) the majority leader of the Senate concerning the 
                appointment of 2 members;
                  (C) the minority leader of the House of 
                Representatives concerning the appointment of 1 member; 
                and
                  (D) the minority leader of the Senate concerning the 
                appointment of 1 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 3 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 5 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 two 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;''.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 4465, the Federal Assets Sale and Transfer Act of 
2016, would reduce the costs of managing the federal 
government's real property portfolio. The bill establishes the 
Public Buildings Reform Board, a six-year board for identifying 
opportunities for cost savings and deficit reduction by 
reducing the federal government's inventory of civilian real 
property. The bill establishes agency data submission 
requirements to inform the Board's recommended actions, a 
process for approval of the Board's recommendations, and 
requirements for implementation of approved recommendations.
    In addition, the bill streamlines the federal real property 
disposal process through updates to the McKinney-Vento Homeless 
Assistance Act, creates a statutory requirement for a federal 
real property database that is publicly accessible, and 
incentivizes additional real property footprint reduction and 
savings efforts by allowing agency retention of sale proceeds 
for specific disposal related purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The federal government continues to maintain too much 
excess and underutilized property. Since 2003, the Government 
Accountability Office (GAO) has designated federal real 
property management as a high-risk area, citing concerns about 
the reliability of real property data, the deteriorating 
conditions of facilities, the quantity of excess and 
underutilized properties, an overreliance on leasing, and 
building security.\1\ The federal government is the largest 
single holder of real property in the United States, with more 
than 920,000 assets in its inventory,\2\ including 275,000 
buildings.\3\ According to the most recent data reported, the 
cost to the taxpayer for operating unneeded building space was 
$1.6 billion annually.\4\
---------------------------------------------------------------------------
    \1\Gov't Accountability Office, High-Risk Series: An Update (Feb. 
2015) (GAO-15-290), at 136-141, available at http://www.gao.gov/assets/
670/668415.pdf (last visited Apr. 19, 2016) [hereinafter GAO, High-Risk 
Series (2015)].
    \2\General Serv. Admin., FY 2014 Fed. Real Property Profile (FRPP) 
Open Data Set, at Table 20: FY 2014 U.S. & U.S. Territories--Asset 
Status by Number of Assets, available at http://www.gsa.gov/portal/
content/102880 (last visited Apr. 19, 2016).
    \3\General Serv. Admin., FY 2014 Summary of Real Property Data Set, 
available at http://www.gsa.gov/portal/mediaId/227451/fileName/
Summary_of_FY_2014_Real_Property_Open_Data_Set.action (last visited 
Apr. 19, 2016).
    \4\General Serv. Admin., FY 2010 Fed. Real Property Report, at 6, 
available at http://www.gsa.gov/graphics/ogp/
FY_2010_FRPP_Report_Final.pdf; See also Cong. Research Serv., Fed. Real 
Property Data: Limitations & Implications for Oversight, at 3-5, (Nov. 
25, 2015) (R44286).
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    More effective management of federal property would offer 
improved opportunities for the federal government to right-size 
its real estate portfolio, reduce costs, and achieve savings 
through the sale of unneeded properties. The federal government 
could realize billions of dollars in savings by disposing of 
unneeded or underutilized property, as well as consolidating 
and co-locating properties to realize cost efficiencies. Given 
current fiscal realities, the federal government can no longer 
afford to pay to operate and maintain vacant buildings and 
unneeded or underutilized properties.

Establishment of the Public Buildings Reform Board

    H.R. 4465 is the product of longstanding bipartisan efforts 
to address critical issues with the federal government's 
management of its civilian real property portfolio. H.R. 4465 
creates a structure for expeditiously disposing of unneeded and 
underutilized federal civilian real property assets, with the 
goal of generating significant revenues and cost savings to the 
taxpayer. As a central way to begin achieving these goals, H.R. 
4465 establishes the Public Buildings Reform Board (Board), 
which terminates after six years. The independent Board will be 
composed of experts in fields such as commercial real estate, 
development, space optimization, and utilization, with the 
purpose of taking a fresh look at what should be done to drive 
out waste and maximize efficiencies in the government's real 
property portfolio. The Board will then make recommendations to 
the Office of Management and Budget (OMB) on properties that 
can be sold, consolidated, leased, co-located, reconfigured, or 
even transferred. If OMB approves the Board's recommendations, 
H.R. 4465 requires agencies to implement the recommended 
actions in an expeditious and efficient manner with the goal of 
maximizing savings to the taxpayer.
    Agencies will use their existing legal authorities--as well 
as authorities delegated to the agency by the Administrator of 
the General Services Administration (GSA)--and work in 
partnership with GSA to proceed with actions recommended by the 
Board. H.R. 4465 includes a provision allowing federal agencies 
to enter into no cost, nonappropriated contracts for expert 
commercial real estate services as part of the agencies' 
efforts to implement Board recommendations. GSA currently makes 
use of no cost, nonappropriated contracts, and this provision 
encourages other federal agencies to do so when it is the 
appropriate method. All actions should be geared toward 
obtaining efficiencies and should be in the best interest of 
the taxpayer.
    The Board is largely equipped to carry out its functions 
using existing government resources, but there is a one-time 
appropriation of $2 million for salaries and expenses of the 
Board and the Executive Director. Office space and the 
accompanying personal property, such as telephones, desks, 
chairs, and office supplies, will all be provided by GSA. The 
Administrator is directed to work with the Board and the 
Executive Director to ensure that GSA appropriately and 
adequately provides the personal property needs. The Board will 
also rely on existing federal employees to assist the Board in 
performing its functions. The Executive Director, with the 
approval of the Board and the Director of OMB, may appoint 
additional staff by requesting detailees from agencies. Upon 
this request, the head of any federal agency is required to 
detail the requested personnel of that agency to the Board for 
not more than two years. When requesting and providing 
detailees, the Executive Director, Board, Director of OMB, and 
the head of the federal agency shall work in partnership to 
ensure that the Board has adequate and consistent staffing to 
perform its duties. Any staff rotations are to be timed with 
consideration toward staffing needs, continuity, and the 
transfer of information and knowledge between detailees.
    In addition to the $2 million for salaries and expenses, 
the bill also authorizes a one-time appropriation of $40 
million--placed in a revolving fund--for the initial 
implementation of the Board's recommendations. This fund will 
be augmented by the net proceeds from the sale of federal 
civilian real property pursuant to a recommendation from the 
Board and subject to appropriations. These funds can be used 
for costs associated with a number of activities described in 
the bill, as well as additional activities not expressly 
described but covered under the provision allowing for other 
actions recommended by the Board for Federal agencies. While 
this is a seemingly broad category, the actions covered are 
only those taken in an effort to carry out the actions 
recommended by the Board and approved by OMB. This includes, 
among other things, testing necessary for determining 
environmental remediation requirements.
    The bill includes a provision allowing the Board to receive 
and consider proposals and other information submitted by the 
private sector and state and local government officials. This 
does not preclude the Board from also soliciting such 
information from the private sector or state and local 
government officials. The Board is not required to solicit 
information because such a process would be particularly 
burdensome; however, the Board may do so for cases where such 
information might be helpful.

Transparency and efficiency measures

    H.R. 4465 is designed to ensure agencies work together to 
achieve the best possible outcome. Agencies are directed to 
provide OMB, GSA, and the Board with accurate and complete 
information that is responsive to their requests. All entities 
are encouraged to be innovative in their recommendations. This 
is an opportunity ripe for creative thinking with the ultimate 
goal being obtaining cost savings for the taxpayer. H.R. 4465 
is modeled toward efficiency and encourages private-sector-like 
thinking and solutions. For example, H.R. 4465 requires an 
expeditious identification and sale of high-value assets. These 
sales are exempt from certain laws that might otherwise slow 
the disposal process. Former GSA Public Buildings Commissioner 
Joseph Moravec, who has many years of experience in the private 
sector commercial real estate industry, testified to the 
importance of such provisions for achieving results. He said, 
``If a private sector result is expected, constraints on the 
federal government that would not constrain a private seller 
need to be modified, replaced, or suspended.''\5\ Aside from 
certain requirements under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, the 
identification of high-value assets round suspends the various 
requirements that federal real property disposals are often 
subject to. As stated by Mr. Moravec, this is an important step 
for maximizing returns. The proceeds from sales under the high-
value assets round will be available to fund the remainder of 
the actions pursuant to the Board's recommendations. The use of 
these proceeds will also be subject to annual appropriations 
legislation.
---------------------------------------------------------------------------
    \5\H. Comm. on Oversight & Gov't Reform, Hearings on Disposal of 
Federal Real Property: Legislative Proposals, 112th Cong. (July 27, 
2011) (No. 112-82) (statement of F. Joseph Moravec, Former 
Commissioner, GSA Public Buildings Service), available at https://
www.gpo.gov/fdsys/pkg/CHRG-112hhrg71985/pdf/CHRG-112hhrg71985.pdf 
[hereinafter Statement of F. Joseph Moravec (July 27, 2011)].
---------------------------------------------------------------------------
    Congressional oversight is an important component of the 
bill. Congress--in particular the Committees on Oversight and 
Government Reform, Transportation and Infrastructure, and 
Appropriations in the House and the Committees on Homeland 
Security and Governmental Affairs, Environment and Public 
Works, and Appropriations in the Senate--will have complete 
access to all information and data surrounding activities taken 
pursuant to this bill. In addition, the bill mandates analysis 
and reviews by GAO, which will enhance Congressional oversight 
and help ensure accountability. The bill also requires that all 
information be provided to GAO. This is important for enabling 
GAO to provide Congress with timely information that is 
objective, nonpartisan, and fact-based.
    H.R. 4465 ensures full transparency into the Board's 
processes and decision-making. The Board is required to 
establish and maintain a publicly accessible website, which is 
an appropriate location for posting information the Board is 
required to make publicly available under the bill.
    H.R. 4465 includes a provision requiring a publicly 
accessible database of federal real property to increase 
transparency to the taxpayer and the private sector. 
Importantly, this database will also serve to address a 
longstanding concern raised by GAO. In particular, GAO has 
cited poor data as one of its reasons for inclusion of federal 
real property management on its annual High-Risk List.\6\ 
According to GAO, ``effective real property management and 
reform are undermined by unreliable real property data.''\7\ 
H.R. 4465 is a necessary step in the right direction, as the 
requirement that this data be publicly accessible and 
searchable allows for greater oversight of agency data. This 
will enable multiple groups to hold agencies accountable for 
reporting accurate data. Given the enormous size of the federal 
real property inventory, the legislation requires that this 
data be publicly accessible in an open, machine-readable format 
to allow taxpayers to make better use of the newly available 
data. Further, H.R. 4465 requires that the database be set up 
so that it permits users to search and sort the data, and that 
it includes a means for users to download datasets produced 
through criteria searches.
---------------------------------------------------------------------------
    \6\GAO, High-Risk Series (2015), supra note 1.
    \7\Id.
---------------------------------------------------------------------------
    One of the key goals of the real property database is to 
help inform agency management and decision-making with regard 
to real property across the federal government. To ensure this 
goal is achieved, it is necessary for the data reported across 
the various agencies to be reported using consistent data 
definitions and measurements, and the legislation ensures this 
will be the case. To do this, H.R. 4465 specifies certain data 
elements that must be included and permits GSA to collect 
additional data for inclusion in the database. The data fields 
required by H.R. 4465 are modeled on elements of the current 
data dictionary for the Federal Real Property Profile (FRPP). 
The FRPP was established by Executive Order 13327, which 
charged GSA with developing a single, comprehensive database of 
all federal real properties. Although some improvements have 
been made in recent years, the FRPP is still plagued by 
inaccurate data and limited accessibility.

Agency retention of proceeds

    In addition to improved data quality through agency 
accountability, H.R. 4465 gives other tools for the Federal 
government to maximize efficiency of its real property 
portfolio. The Federal government spends nearly $30 billion a 
year on operating costs alone. H.R. 4465 is largely aimed at 
obtaining efficiencies and other changes that will 
significantly cut these annual operating costs. The bill 
permanently incentivizes agencies to appropriately manage and 
efficiently dispose of their real property assets by allowing 
retention of sale proceeds, thus promoting additional savings 
in the long-term. These incentives will go into effect 
following the termination of the board. According to expert 
testimony from Mr. Moravec:
          Federal executives have inadequate financial 
        incentive to declare properties excess and turn them 
        over to GSA for disposal. Agencies incur front end 
        costs which are often not reimbursed, and in the 
        absence of special legislative authority, they do not 
        get to retain sales proceeds, even if their property 
        makes it to the open market and has any market 
        value.\8\
---------------------------------------------------------------------------
    \8\Statement of F. Joseph Moravec (July 27, 2011), supra note 5.

    Allowing agencies to retain net sale proceeds is a fiscally 
responsible policy that incentivizes agencies to obtain long-
term savings while generating additional property sales. The 
use of these funds would be subject to annual appropriations 
legislation, with remaining amounts going to the Treasury for 
deficit reduction after a predetermined period.

Streamlining and Updating the McKinney-Vento Act

    H.R. 4465 streamlines the McKinney-Vento Act by providing 
updates to better enable the conveyance of suitable properties 
to homeless service providers. GAO found that ``according to 
national homeless advocates, many homeless assistance providers 
remain unaware of the availability of properties because the 
Federal Register is not user-friendly.''\9\ H.R. 4465 requires 
that the list of properties available for application for use 
to assist the homeless be posted on the Department of Housing 
and Urban Development (HUD) or GSA's websites, rather than in 
the Federal Register. H.R. 4465 also allows buildings that are 
not optimal for use by the homeless to be listed for sale more 
quickly. In a February 26, 2016 letter of support for H.R. 
4465, the National Law Center on Homelessness & Poverty 
described the advantages offered by the bill:
---------------------------------------------------------------------------
    \9\Gov't Accountability Office, Federal Real Property: More Useful 
Information to Providers Could Improve the Homeless Assistance Program, 
(Sept. 30, 2014) (GAO-14-739), available at http://www.gao.gov/
products/GAO-14-739.

          First, the bill streamlines the Title V application 
        process in a manner that will make it more efficient 
        both for providers to apply for properties they will 
        use and for the government to dispose of properties 
        that are unsuitable for homeless assistance. Second, 
        the legislation gives successful Title V applicants 
        important flexibility in determining whether to take 
        the property by deed or lease. Finally, the bill 
        clarifies that permanent housing, with or without 
        supportive services, is an eligible use of property 
        acquired through Title V. While permanent housing with 
        supportive services is an important solution to the 
        problem of chronic homelessness, many homeless people 
        with no substance abuse problems--such as violence 
        victims-simply need housing for longer than local 
        shelters can provide, but do not require supportive 
        services.\10\
---------------------------------------------------------------------------
    \10\Letter from Maria Foscarinis, Founder & Exec. Dir., Nat'l Law 
Center on Homelessness & Poverty, to Jason Chaffetz, Chairman, H. Comm. 
on Oversight & Gov't Reform, Elijah Cummings, Ranking Member, H. Comm. 
on Oversight & Gov't Reform, et al. (Feb. 10, 2016).
---------------------------------------------------------------------------

Enhancing eligibility for museums

    H.R. 4465 includes other long-term fixes. The bill includes 
a provision that clarifies the eligibility requirements for 
receiving certain personal property. Currently, GSA regulations 
state that for a museum to be considered a museum attended by 
the public, that museum must have posted hours of operation of 
at least 1,000 hours per year.\11\ In an effort to make this 
requirement less burdensome but to maintain the requirement 
that the museum be regularly accessible to the public, H.R. 
4465 includes a provision clarifying the meaning of ``a museum 
attended by the public.'' With the change, a museum attended by 
the public is one that accedes to reasonable requests submitted 
for access during business hours.
---------------------------------------------------------------------------
    \11\General Serv. Admin., Fed. Mgmt. Regulation, Part 102-37 
Donation of Surplus Personal Property, Appendix C--Glossary of Terms 
for Determining Eligibility of Pub. Agencies & Nonprofit Organizations, 
available at http://www.gsa.gov/portal/ext/public/site/FMR/file/
Part102_37AppC.html/category/21858/#wp2019720 (last visited Apr. 19, 
2016).
---------------------------------------------------------------------------

Public access consideration

    The legislation also includes a requirement to consider 
whether public access to agency services is maintained or 
enhanced in the standards and criteria the Board use to develop 
its recommendations. OMB is responsible for developing the 
standards and criteria, which must include a list of 
considerations established in the bill. Specifically, it will 
require that the Board consider whether public access to agency 
services would be maintained or enhanced if the Board makes a 
specific recommendation for a facility, such as a 
consolidation, co-location, or transfer of that facility.
    This provision will help prevent unintended, negative 
consequences of transferring agency services to a different 
building, such as moving services to a building with no public 
parking and no public transportation option or moving Social 
Security Administration (SSA) services or Veterans Affairs 
services to a building with inadequate access for those with 
limited mobility. The impetus of this provision was an incident 
where public access issues occurred when SSA consolidated 
offices and functions from two buildings into one building.\12\ 
In this case, public SSA services were moved to a building that 
had not served in a customer-facing capacity and thus was not 
outfitted for such purposes.\13\ SSA has since taken steps to 
address the access issues.\14\
---------------------------------------------------------------------------
    \12\See e.g. Sandra Ramirez, Parking scarcity torments new Social 
Security office, KOAT.com, Aug. 3, 2015, available at http://
www.koat.com/news/parking-scarcity-torments-new-social-security-office/
34514470; Rosalie Rayburn, Social Security office in ABQ has new digs, 
Albuquerque Journal, Aug. 3, 2015, available at http://
www.abqjournal.com/622618/abqnewsseeker/social-security-office-in-abq-
has-new-digs.html; Parking remains a problem for downtown Social 
Security Office, KOAT.com, Aug. 12, 2015, available at http://
www.koat.com/news/parking-remains-a-problem-for-downtown-social-
security-office/34685746 (last visited Apr. 19, 2016).
    \13\Id.
    \14\Id.
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    H.R. 4465, the Federal Assets Sale and Transfer Act of 
2016, was introduced on February 4, 2016 by Congressman Jeff 
Denham (R-CA) and referred to the Committee on Transportation 
and Infrastructure and the Committee on Oversight and 
Government Reform. On March 2, 2016, the Committee on 
Transportation and Infrastructure ordered H.R. 4465 favorably 
reported, without amendment. On April 14, 2016, the Committee 
on Oversight and Government Reform held a business meeting and 
considered H.R. 4465. During consideration of H.R. 4465, 
Chairman Jason Chaffetz (R-UT) offered an amendment in the 
nature of a substitute, and Congresswoman Michelle Lujan 
Grisham (D-NM) offered an amendment to the amendment in the 
nature of a substitute. The Committee agreed to both amendments 
by voice vote. Following the adoption of the amendments, the 
Committee ordered H.R. 4465 favorably reported, as amended, a 
quorum being present. Representatives Jason Chaffetz (R-UT), 
Bill Shuster (R-PA), Elijah Cummings (D-MD), Peter DeFazio (D-
OR), Lou Barletta (R-PA), and Andre Carson (D-IN) are original 
cosponsors.
    Additionally, provisions contained in H.R. 4465 have passed 
the House in previous Congresses. In the 112th Congress, H.R. 
1734, the Civilian Property Realignment Act, introduced by 
Congressman Jeff Denham passed the House. Also in the 112th 
Congress, H.R. 665, the Excess Federal Building and Property 
Disposal Act of 2012, introduced by Congressman Jason Chaffetz, 
passed the House. In the 113th Congress, Congressman Denham 
introduced H.R. 695, the Civilian Property Realignment Act. 
Also in the 113th Congress, Congressman Chaffetz introduced 
H.R. 328, the Excess Federal Building and Property Disposal Act 
of 2013, which the Committee on Oversight and Government Reform 
ordered favorably reported by voice vote, without amendment, on 
March 20, 2013.
    Additionally, the Committee on Oversight and Government 
Reform has held a number of hearings on federal real property 
disposal. On July 27, 2011, the Committee on Oversight and 
Government Reform held a hearing titled, Disposal of Federal 
Real Property: Legislative Proposals. On February 27, 2013, the 
Subcommittee on Government Operations held a hearing titled, 
Failures in Managing Federal Real Property: Billions in Losses. 
On July 29, 2014, the Subcommittee on Government Operations 
held a hearing titled, Federal Real Property: Eliminating Waste 
and Mismanagement of Real Property Assets.

                           Section-by-Section


Section 1. Short title; Table of contents

    Designates the short title of the bill as the Federal 
Assets Sale and Transfer Act of 2016.

Section 2. Purposes

    This section establishes the purposes of the legislation, 
which are aimed at reducing the costs of Federal real estate in 
the immediate and long-term future. These purposes include 
improving efficiency in the makeup of the footprint of Federal 
buildings and facilities through consolidating, selling or 
redeveloping, maximizing utilization of space, and assisting 
agencies in achieving sustainability goals by reducing excess 
space, inventory, and energy consumption. Other goals of the 
bill include reducing the reliance on leased space, the 
operating and maintenance costs of properties, and the 
redundancy, overlap, and costs associated with field offices. 
The bill aims to help facilitate agencies achieving greater 
efficiency and cost reductions by creating incentives for 
agencies to do so, by facilitating and expediting sales and 
disposals of unneeded real properties, and by improving the 
efficiency of real property transfers for the provisions of 
service to the homeless.

Section 3. Definitions

    This section defines terms used throughout the bill. The 
section defines the terms Federal civilian real property and 
civilian real property, excluding from those definitions 
certain properties under the jurisdiction of the Coast Guard, 
on military installations, on Indian reservations, or belonging 
to an Indian tribe or individual. It excludes properties used 
for Federal programs for agricultural, recreational, or 
conservation purposes, as well as those used in connection with 
river, harbor, reclamation, or power projects. Naval vessels, 
national parks, United States Postal Service properties, and 
Tennessee Valley Authority properties are all excluded. The 
definition also excludes properties determined for exclusion 
for national security reasons.
    This section defines the value of transactions as the sum 
of estimated costs and estimated proceeds.

Section 4. Board

    This section sets up a Public Buildings Reform Board (the 
Board). The Board consists of a presidentially-appointed and 
Senate-confirmed Chairperson, and six other presidentially-
appointed members. Each Board member has a six-year term.
    The President is to consult with the Speaker and majority/
minority leaders of the House and Senate in making 
appointments. Appointees should have expertise in commercial 
real estate and development, space optimization and 
utilization, and/or community development.

Section 5. Board meetings

    This section sets forth the requirements for Board 
meetings, including transparency requirements. The section 
establishes a quorum of five members, with three or more 
members constituting a meeting. The section makes clear the 
requirement of full disclosure of all information surrounding 
and related to the Board's activities to the Chairpersons and 
ranking members of the listed committees of Congress, as well 
as the related subcommittees. All information, proceedings, and 
deliberations are also available to the Government 
Accountability Office (GAO) upon request.

Section 6. Compensation and travel expenses

    This section establishes the rate of pay of the Board 
Members and Chairperson. Board Members are to be paid according 
to level IV of the Executive Schedule. The Chairperson is to be 
paid according to level III of the Executive Schedule. 
Compensation is based on each day the member is actually 
engaged in their duties. The section allows travel expenses for 
the members in accordance with sections 5702 and 5703 of Title 
5, United States Code.

Section 7. Executive Director

    This section requires the appointment of an Executive 
Director. The Board appoints the Executive Director, who is 
permitted to be excepted from Title 5 regarding appointments in 
the competitive service. The Executive Director is to be paid 
according to level IV of the Executive Schedule.

Section 8. Staff

    This section explains the allowances for staff, requiring 
the Board to rely on existing federal employees to assist the 
Board in performing its functions. The Executive Director, with 
the approval of the Board and the Director of the Office of 
Management and Budget (OMB), may appoint additional staff by 
requesting details from other agencies. To the extent 
practicable, the Board shall obtain staff with expertise in one 
or more of the following: commercial real estate and 
redevelopment, space optimization and utilization, and 
community development, including transportation and planning.

Section 9. Contracting authority

    This section clarifies the Board's contracting authority. 
When practicable and subject to funding, the Board is to use 
General Services Administration (GSA) contracts. GSA will 
consult with the Board to identify existing office space and 
equipment for the Board.

Section 10. Termination

    This section states the Board's termination date. The Board 
will terminate six years from the date of enactment of the Act.

Section 11. Development of recommendations to Board

    This section requires federal agencies to develop 
recommendations to the Board. Each agency head shall make 
recommendations on properties that can be sold, consolidated, 
transferred, exchanged, collocated, reconfigured, redeveloped, 
or otherwise disposed to reduce operating costs. The head of 
each federal agency also provides GSA and OMB with data on 
Federal civilian real property owned, leased, or controlled by 
the agency and data related to the condition, use, operation, 
and costs of the properties. Each agency is required to provide 
the current data and recommendations 120 days after enactment 
of this Act and, thereafter, 120 days after the first day of 
each fiscal year until termination of the Board.
    OMB will consult with GSA to develop standards and criteria 
to use to review recommendations, and then use those standards 
and criteria to conduct the review. The standards and criteria 
will incorporate elements that OMB and GSA determine 
appropriate. This section requires that the standards and 
criteria include the following factors:
          (A) The extent to which the civilian real property 
        could be sold, redeveloped, outleased, or otherwise 
        used to produce the highest and best value and return 
        for the taxpayer;
          (B) The extent to which 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 industry standards in 
        the private sector;
          (D) The extent to which potential costs and savings 
        occur, as well as when those costs and savings are 
        realized;
          (E) The extent to which reliance on leasing is 
        reduced;
          (F) The extent to which civilian real property aligns 
        with the current agency mission;
          (G) The extent to which opportunities exist for 
        consolidation of similar operations across multiple 
        agencies or within agencies;
          (H) The economic impact on surrounding communities;
          (I) The extent to which energy consumption is 
        reduced; and
          (J) The extent to which public access to agency 
        services is maintained or enhanced.
    The standards and criteria must incorporate and apply clear 
standard utilization rates--to the extent that such standard 
rates increase efficiency and provide performance data--
consistent throughout each applicable category of space and 
with nongovernment space utilization rates.
    Using the standards and criteria, OMB and GSA will develop 
recommendations to the Board. The Director of OMB then submits 
standards, criteria, and recommendations to the Board, 
including all supporting information and analyses. The Director 
of OMB must submit to the Board the aforementioned information 
no later than 60 days after the deadline for agency data 
submissions.
    The standards and criteria are then published in the 
Federal Register and transmitted to the appropriate committees 
of Congress and to GAO.
    The section also requires federal agencies to provide the 
Board with additional information pertaining to the civilian 
real properties upon request. The Board shall notify the 
appropriate congressional committees if they encounter any 
difficulty obtaining the pertinent information.

Section 12. Board duties

    This section explains the duties of the Board. The Board 
will identify opportunities to reduce the real property 
inventory, identify high-value assets, conduct an independent 
analysis of the real property inventory, and establish an 
accounting system to weigh the costs and returns of the 
recommendations. The Board will also conduct public hearings. 
The Board will establish and maintain a Federal web site.
    This section requires the Board to make initial 
recommendations within the first 180 days to sell high-value 
assets, where the value of transactions would be between $500 
and $750 million. The Board will send its recommendations to 
OMB and Congress and post them publicly on the Board's website. 
Agencies are required to submit a Report of Excess on these 
properties after the recommendations are approved by OMB, as 
detailed in the following section. GSA is responsible for the 
sale of these properties and must do so within one year after 
the acceptance of the Report of Excess. In extenuating 
circumstances, the Director of OMB may determine 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 two years after the acceptance of the Report 
of Excess.
    GSA must sell the properties at fair market value at 
highest and best use. Other recommendations are made in two 
additional rounds found later in this section.
    This section makes clear that the Board is to notify the 
appropriate congressional committees if an agency does not 
comply with a request for information or data from the Board.
    The Board may receive and consider proposals and other 
information submitted by the private sector. The Board may also 
receive and consider proposals and other information from State 
and local officials, and the Board must consult with those 
officials that make submissions. All of the information 
submitted to the Board by the private sector or State and local 
officials is to be made publicly available.
    This section defines the timelines and construct for two 
additional rounds of Board recommendations. The total value of 
transactions for the first round are capped at $2.5 billion, 
and $4.75 billion for the second round. The Board is to develop 
and post publicly on the Board's web site reports containing 
the Board's findings, conclusions, and recommendations for the 
following:
          (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.
    GAO will conduct a detailed analysis of the Board's 
recommendations and submit a report of the analysis to Congress 
and the Board.

Section 13. Review by OMB

    This section requires OMB review and approval or 
disapproval of Board recommendations. OMB shall review the 
Board's recommendations and transmit to Congress either their 
approval or their denial of portions/all of the Board's 
recommendations. The Board has 30 days to revise 
recommendations if OMB disapproves.
    OMB can accept or reject the revisions. If rejected, the 
process is terminated until the following round.

Section 14. Implementation of Board recommendations

    This section gives agencies 60 days from the day OMB 
transmits the approved recommendations to Congress to begin 
preparations to carry out the Board's recommendations and 2 
years to initiate all activities necessary to carry out the 
recommendations. Agencies have six years to complete 
recommendations, except for extenuating circumstances. Agencies 
are to work with GSA to carry out recommendations, and agencies 
are to continue to act within their existing legal authorities 
to facilitate the recommendations.
    This section makes a sale, disposal, consolidation, 
reconfiguration, or co-location of property under the Act not 
subject to numerous provisions of existing law that authorize 
the no-cost conveyance of property.
    On the same day OMB transmits the recommendations to 
Congress, OMB submits the properties to the Department of 
Housing and Urban Development (HUD) for review pursuant to the 
McKinney-Vento Homeless Assistance Act.
    The Director of OMB may exclude properties from disposal if 
the property is suitable for use as a public park or recreation 
area, but only if its use as such is in the best interest of 
the taxpayer.
    This section allows federal agencies to enter into no cost, 
nonappropriated contracts for expert commercial real estate 
services as part of the agencies efforts to implement the 
Board's recommendations.
    This section establishes a special option for agency 
disposition, including transfer, of Federal real property with 
environmental contamination concerns.

Section 15. Authorization of appropriations

    This section authorizes an initial $2 million in salaries 
and expenses and $40 million for the Asset Proceeds and Space 
Management Fund for activities related to implementation of 
Board recommendations. Both are one-time authorizations.

Section 16. Funding

    This section establishes the necessary accounts for 
salaries and expenses, as well as an account to receive the 
proceeds from property sales to fund activities related to 
implementation of the recommendations. The account related to 
the implementation of Board recommendations is established 
within the Federal Buildings Fund and is titled the Public 
Buildings Reform Board--Asset Proceeds and Space Management 
Fund.

Section 17. Congressional approval of proposed projects

    This section requires GSA to include statements in 
prospectuses submitted to Congress that show consistency with 
the standards and criteria discussed earlier in the 
legislation.

Section 18. Preclusion of judicial review

    This section limits judicial review on certain actions, 
including actions taken by the Board and actions taken pursuant 
to the Board's recommendations.

Section 19. Implementation review by GAO

    This section requires GAO to monitor agency activities 
related to the Board's recommendations and to report to 
Congress on any findings and recommendations annually.

Section 20. Agency retention of proceeds

    This section makes permanent changes to the disposal 
process after termination of the Board. The changes allow for 
agencies to retain, in appropriate accounts, the net proceeds 
from the transfer of excess real property or the sale, lease, 
or other disposition of surplus real property. The net proceeds 
can then be used to pay for subsequent disposal-related 
activity, but only if authorized in annual appropriations Acts. 
Once deposited in the appropriate accounts, agencies have three 
years to obligate and five years to expend the net proceeds 
under this authority. Net proceeds not obligated or expended 
under this authority return to the Treasury to go toward 
deficit reduction.

Section 21. Federal real property database

    This section creates a statutory requirement for GSA to 
create a comprehensive database on real property. The database 
will contain certain prescribed information. The database must 
be publicly accessible in an open, machine-readable format. 
This section requires that the database is set up so that it 
permits users to search and sort the data, and that it includes 
a means for users to download the data retrieved from their 
searching and sorting.
    This section requires that the database includes the 
following information for each Federal real property:
          (1) Geographic location, including address and 
        relevant description;
          (2) Total size of the facility;
          (3) Whether it is currently, or will in the future 
        be, needed to support the agency's mission or function;
          (4) Utilization, including whether it is excess, 
        surplus, underutilized, or unutilized;
          (5) Number of days it has been excess, surplus, 
        underutilized, or unutilized;
          (6) Annual operating costs; and
          (7) Replacement value.
    Information that may be sensitive for reason of national 
security is exempt from inclusion in the publicly accessible 
database. Certain information exempted from release under the 
Freedom of Information Act (5 U.S.C. 552(b)) are similarly 
exempt from public release via the Federal real property 
database.

Section 22. Streamlining McKinney-Vento Homeless Assistance Act

    This section streamlines and updates the process under the 
McKinney-Vento Homeless Assistance Act. This section requires 
that the list of properties available for application for use 
to assist the homeless is posted on HUD or GSA's websites, 
rather than in the Federal Register. This section expedites the 
application process. The provision of permanent housing to the 
homeless, regardless of whether or not additional services are 
provided, will now be considered an eligible use to assist the 
homeless.

Section 23. Additional property

    This section amends section 549(c)(3)(B)(vii) of title 40 
to clarify requirements for eligibility to receive certain 
personal property, which will in turn broaden the scope of 
entities eligible to receive such property. It requires the 
Administrator of GSA to consider a museum to be a museum 
attended by the public if the museum--a nonprofit educational 
or public health institution or organization--accedes to any 
reasonable request submitted for access during business hours.

                       Explanation of Amendments

    During Full Committee consideration of the bill, Chairman 
Jason Chaffetz (R-UT) offered an amendment in the nature of a 
substitute to make a number of technical revisions to enhance 
the bill. Congresswoman Michelle Lujan Grisham (D-NM) offered 
an amendment to the amendment in the nature of a substitute, 
which was adopted by voice vote. The Chaffetz amendment in the 
nature of a substitute, as amended, was then adopted by voice 
vote, and its provisions are reflected in the section by 
section analysis of this report.

                        Committee Consideration

    On April 14, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4465, as amended, by 
voice vote, a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill seeks to improve the management of the federal 
government's real property portfolio. As such this bill does 
not relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals or objective of the bill is to decrease the deficit by 
consolidating and selling Federal buildings and other civilian 
real property.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for this bill from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 19, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4465, the Federal 
Assets Sale and Transfer Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4465--Federal Assets Sale and Transfer Act of 2016

    Summary: H.R. 4465 aims to better manage federal real 
property by reducing the inventory of such property and the 
cost of maintaining the remaining inventory. The bill would 
establish the Public Buildings Reform Board (board) to provide 
recommendations to the Office of Management and Budget (OMB) 
regarding specific federal properties that should be sold. The 
board would be charged with recommending specific operational 
efficiencies that could be implemented to reduce the inventory 
and cost of the government's real estate holdings. The 
legislation also would authorize the appropriation of $2 
million to fund the board and $40 million to implement the 
board's recommendations.
    Assuming appropriation of the specified amounts, CBO 
estimates that implementing H.R. 4465 would cost $8 million in 
2017 and about $40 million over the 2017-2021 period. If the 
board's recommendations lead to the sale of facilities, the 
legislation also would result in additional receipts. However, 
CBO has no basis to estimate whether the board's 
recommendations would result in the sale of any properties that 
would not otherwise be sold under current law. Enacting the 
bill would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 4465 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4465 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary effects of H.R. 4465 are shown in the following 
table. The costs of this legislation fall within all budget 
functions that contain federal real property other than 050 
(national defense).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2017     2018     2019     2020     2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Public Buildings Reform Board:
    Authorization Level.................................        2        0        0        0        0         2
    Estimated Outlays...................................        *        *        *        *        *         2
Asset Proceeds and Space Management Fund:
    Authorization Level.................................       40        0        0        0        0        40
    Estimated Outlays...................................        7        7        7        7        6        34
Other Requirements:
    Estimated Authorization Level.......................        1        *        *        *        *         3
    Estimated Outlays...................................        1        *        *        *        *         3
    Total Changes:
        Estimated Authorization Level...................       43        0        0        0        0        45
        Estimated Outlays...............................        8        7        7        7        6        39
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500.000; components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2016, that the 
authorized amounts will be appropriated, and that spending will 
follow historical patterns for similar management efforts.

Public Buildings Reform Board

    H.R. 4465 would establish an independent board to recommend 
to OMB properties that could be sold in order to reduce the 
inventory of federal civilian real property. The board would 
consist of seven members appointed by the President. H.R. 4465 
would specify two major objectives for the board. First, the 
board would be required to identify and recommend the sale of 
at least five federal civilian properties with a combined 
estimated fair market value of between $500 million and $750 
million. Second, the legislation would require the board to 
recommend to OMB opportunities to consolidate, exchange, sell, 
or redevelop federal properties to further reduce the inventory 
of civilian real property and to reduce operating costs. All 
recommendations made by the board would be available to the 
public on a government website.
    Under the bill, the board would terminate after six years. 
H.R. 4465 would authorize the appropriation of $2 million for 
the board's expenses. Assuming appropriation of those amounts, 
CBO estimates the board would spend about $2 million over the 
2017-2021 period.

Asset Proceeds and Space Management Fund

    H.R. 4465 would establish a fund to help agencies cover any 
costs associated with implementing the board's recommendations. 
During its six-year term, the board would primarily work with 
the General Services Administration (GSA) to consolidate, 
reconfigure, redevelop, or co-locate agency operations in order 
to make additional properties available for sale. The bill 
would authorize the appropriation of $40 million for those 
purposes. Assuming appropriation of the specified amount, CBO 
estimates that agencies would spend about $7 million annually 
over the 2017-2021 period to prepare federal properties for 
sale or achieve other operational efficiencies.

Other requirements

    H.R. 4465 would require GSA and federal civilian agencies 
to prepare additional reports and recommendations about their 
real property holding and would require GSA to improve its 
database of federal property. CBO estimates that implementing 
those provisions would increase the workloads of GSA and other 
agencies. In addition, the Government Accountability Office 
would be required to report on all the recommendations. Based 
on information from GSA and some landholding agencies, CBO 
estimates that those activities would cost $3 million over the 
2017-2021 period; such spending would be subject to the 
availability of appropriated funds.

Effect on federal property sales

    Under current law, before an agency can offer federal real 
property that it considers to be surplus for sale to the 
public, the agency must first offer that property to other 
federal agencies, state and local governments, and in some 
cases nonprofit organizations, at no cost. H.R. 4465 would 
exempt properties recommended for sale by the board from those 
requirements, except for the purpose of alleviating 
homelessness. CBO does not expect that exemption would increase 
the proceeds from selling surplus properties above the expected 
amounts under current law because other barriers to selling 
such property will still exist.
    Based on information from GSA and other agencies that hold 
significant amounts of real property, CBO has concluded that 
there are at least two other obstacles that constrain the 
amount of property offered for sale and ultimately sold to the 
public.\1\
---------------------------------------------------------------------------
    \1\For more information on the barriers to selling federal real 
property see Congressional Budget Office, letter to Honorable Darrell 
E. Issa containing an analysis of a proposal to expedite the disposal 
of federal civilian real property (June 27. 2011).
---------------------------------------------------------------------------
     First, agencies generally lack funds to prepare 
properties for sale, including relocating any users of such 
properties. To help implement the board's recommendations, the 
bill would authorize appropriations to cover the costs of 
moving, consolidating, marketing, renovating property. However, 
those amounts may not be sufficient to cover such costs. 
Furthermore, any additional proceeds from sales would depend on 
the enactment of appropriated amounts and cannot be attributed 
to this bill.
     Second, many agencies resist efforts to sell 
property and prefer to leverage the value of their holdings 
rather than sell them outright. In most cases property-holding 
agencies do not have access to any of the proceeds from a sale 
of their property. However, they may have other authorities 
that enable them to add to their budgetary resources; for 
example, some agencies can lease unused real property and spend 
those proceeds on mission-related or administrative purposes. 
Whether or not the board that would be created by H.R. 4465 
could overcome such resistance is unclear.
    For these reasons, CBO has no basis to estimate whether the 
board's recommendations for $8 billion in changes to the 
federal government real estate holdings would result in 
additional receipts.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4465 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO Estimate: On May 17, 2016, CBO transmitted a 
cost estimate for S. 2375, the Federal Asset Sale and Transfer 
Act of 2015, as ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs on December 9, 2015. 
On May 19, 2016, CBO transmitted a cost estimate for H.R. 4465, 
as ordered reported by the House Committee on Transportation 
and Infrastructure on March 2, 2016. Both versions of H.R. 4465 
and S. 2375 aim to better manage federal real property by 
reducing the inventory of such property and the cost of 
maintaining the remaining inventory; CBO's estimate of their 
costs are the same.
    Estimate prepared by: Federal spending: Matthew Pickford; 
Impact on state, local, and tribal governments: Jon Sperl; 
Impact on the private sector: Paige Piper/Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 40, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

           *       *       *       *       *       *       *


CHAPTER 5--PROPERTY MANAGEMENT

           *       *       *       *       *       *       *


Subchapter III--DISPOSING OF PROPERTY

           *       *       *       *       *       *       *


Sec. 549. Donation of personal property through state agencies

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Public agency.--The term ``public agency'' 
        means--
                  (A) a State;
                  (B) a political subdivision of a State 
                (including a unit of local government or 
                economic development district);
                  (C) a department, agency, or instrumentality 
                of a State (including instrumentalities created 
                by compact or other agreement between States or 
                political subdivisions); or
                  (D) an Indian tribe, band, group, pueblo, or 
                community located on a state reservation.
          (2) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, Puerto Rico, 
        the Virgin Islands, Guam, the Northern Mariana Islands, 
        and American Samoa.
          (3) State agency.--The term ``state agency'' means an 
        agency designated under state law as the agency 
        responsible for fair and equitable distribution, 
        through donation, of property transferred under this 
        section.
  (b) Authorization.--
          (1) In general.--The Administrator of General 
        Services, in the Administrator's discretion and under 
        regulations the Administrator may prescribe, may 
        transfer property described in paragraph (2) to a state 
        agency.
          (2) Property.--
                  (A) In general.--Property referred to in 
                paragraph (1) is any personal property that--
                          (i) is under the control of an 
                        executive agency; and
                          (ii) has been determined to be 
                        surplus property.
                  (B) Special rule.--In determining whether the 
                property is to be transferred for donation 
                under this section, no distinction may be made 
                between property capitalized in a working-
                capital fund established under section 2208 of 
                title 10 (or similar fund) and any other 
                property.
          (3) No cost.--Transfer of property under this section 
        is without cost, except for any costs of care and 
        handling.
  (c) Allocation and Transfer of Property.--
          (1) In general.--The Administrator shall allocate and 
        transfer property under this section in accordance with 
        criteria that are based on need and use and that are 
        established after consultation with state agencies to 
        the extent feasible. The Administrator shall give fair 
        consideration, consistent with the established 
        criteria, to an expression of need and interest from a 
        public agency or other eligible institution within a 
        State. The Administrator shall give special 
        consideration to an eligible recipient's request, 
        transmitted through the state agency, for a specific 
        item of property.
          (2) Allocation among states.--The Administrator shall 
        allocate property among the States on a fair and 
        equitable basis, taking into account the condition of 
        the property as well as the original acquisition cost 
        of the property.
          (3) Recipients and purposes.--The Administrator shall 
        transfer to a state agency property the state agency 
        selects for distribution through donation within the 
        State--
                  (A) to a public agency for use in carrying 
                out or promoting, for residents of a given 
                political area, a public purpose, including 
                conservation, economic development, education, 
                parks and recreation, public health, and public 
                safety;
                  (B) for purposes of education or public 
                health (including research), to a nonprofit 
                educational or public health institution or 
                organization that is exempt from taxation under 
                section 501 of the Internal Revenue Code of 
                1986 (26 U.S.C. 501), including--
                          (i) a medical institution, hospital, 
                        clinic, health center, or drug abuse 
                        treatment center;
                          (ii) a provider of assistance to 
                        homeless individuals or to families or 
                        individuals whose annual incomes are 
                        below the poverty line (as that term is 
                        defined in section 673 of the Community 
                        Services Block Grant Act (42 U.S.C. 
                        9902));
                          (iii) a school, college, or 
                        university;
                          (iv) a school for the mentally 
                        retarded or physically handicapped;
                          (v) a child care center;
                          (vi) a radio or television station 
                        licensed by the Federal Communications 
                        Commission as an educational radio or 
                        educational television station;
                          [(vii) a museum attended by the 
                        public;]
                          (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;
                          (viii) a library serving free all 
                        residents of a community, district, 
                        State, or region; or
                          (ix) a historic light station as 
                        defined under section 305101(4) of 
                        title 54, including a historic light 
                        station conveyed under section 305103 
                        of title 54, notwithstanding the number 
                        of hours that the historic light 
                        station is open to the public; or
                  (C) for purposes of providing services to 
                veterans (as defined in section 101 of title 
                38), to an organization whose--
                          (i) membership comprises 
                        substantially veterans; and
                          (ii) representatives are recognized 
                        by the Secretary of Veterans Affairs 
                        under section 5902 of title 38.
          (4) Exception.--This subsection does not apply to 
        property transferred under subsection (d).
  (d) Department of Defense Property.--
          (1) Determination.--The Secretary of Defense shall 
        determine whether surplus personal property under the 
        control of the Department of Defense is usable and 
        necessary for educational activities which are of 
        special interest to the armed services, including 
        maritime academies, or military, naval, Air Force, or 
        Coast Guard preparatory schools.
          (2) Property usable for special interest 
        activities.--If the Secretary of Defense determines 
        that the property is usable and necessary for 
        educational activities which are of special interest to 
        the armed services, the Secretary shall allocate the 
        property for transfer by the Administrator to the 
        appropriate state agency for distribution through 
        donation to the educational activities.
          (3) Property not usable for special interest 
        activities.--If the Secretary of Defense determines 
        that the property is not usable and necessary for 
        educational activities which are of special interest to 
        the armed services, the property may be disposed of in 
        accordance with subsection (c).
  (e) State Plan of Operation.--
          (1) In general.--Before property may be transferred 
        to a state agency, the State shall develop a detailed 
        state plan of operation, in accordance with this 
        subsection and with state law.
          (2) Procedure.--
                  (A) Consideration of needs and resources.--In 
                developing and implementing the state plan of 
                operation, the relative needs and resources of 
                all public agencies and other eligible 
                institutions in the State shall be taken into 
                consideration. The Administrator may consult 
                with interested federal agencies to obtain 
                their views concerning the administration and 
                operation of this section.
                  (B) Publication and period for comment.--The 
                state plan of operation, and any major 
                amendment to the plan, may not be filed with 
                the Administrator until 60 days after general 
                notice of the proposed plan or amendment has 
                been published and interested persons have been 
                given at least 30 days to submit comments.
                  (C) Certification.--The chief executive 
                officer of the State shall certify and submit 
                the state plan of operation to the 
                Administrator.
          (3) Requirements.--
                  (A) State agency.--The state plan of 
                operation shall include adequate assurance that 
                the state agency has--
                          (i) the necessary organizational and 
                        operational authority and capability 
                        including staff, facilities, and means 
                        and methods of financing; and
                          (ii) established procedures for 
                        accountability, internal and external 
                        audits, cooperative agreements, 
                        compliance and use reviews, equitable 
                        distribution and property disposal, 
                        determination of eligibility, and 
                        assistance through consultation with 
                        advisory bodies and public and private 
                        groups.
                  (B) Equitable distribution.--The state plan 
                of operation shall provide for fair and 
                equitable distribution of property in the State 
                based on the relative needs and resources of 
                interested public agencies and other eligible 
                institutions in the State and their abilities 
                to use the property.
                  (C) Management control and accounting 
                systems.--The state plan of operation shall 
                require, for donable property transferred under 
                this section, that the state agency use 
                management control and accounting systems of 
                the same type as systems required by state law 
                for state-owned property. However, with 
                approval from the chief executive officer of 
                the State, the state agency may elect to use 
                other management control and accounting systems 
                that are effective to govern the use, inventory 
                control, accountability, and disposal of 
                property under this section.
                  (D) Return and redistribution for non-use.--
                The state plan of operation shall require the 
                state agency to provide for the return and 
                redistribution of donable property if the 
                property, while still usable, has not been 
                placed in use for the purpose for which it was 
                donated within one year of donation or ceases 
                to be used by the donee for that purpose within 
                one year of being placed in use.
                  (E) Request by recipient.--The state plan of 
                operation shall require the state agency, to 
                the extent practicable, to select property 
                requested by a public agency or other eligible 
                institution in the State and, if requested by 
                the recipient, to arrange shipment of the 
                property directly to the recipient.
                  (F) Service charges.--If the state agency is 
                authorized to assess and collect service 
                charges from participating recipients to cover 
                direct and reasonable indirect costs of its 
                activities, the method of establishing the 
                charges shall be set out in the state plan of 
                operation. The charges shall be fair and 
                equitable and shall be based on services the 
                state agency performs, including screening, 
                packing, crating, removal, and transportation.
                  (G) Terms, conditions, reservations, and 
                restrictions.--
                          (i) In general.--The state plan of 
                        operation shall provide that the state 
                        agency--
                                  (I) may impose reasonable 
                                terms, conditions, 
                                reservations, and restrictions 
                                on the use of property to be 
                                donated under subsection (c); 
                                and
                                  (II) shall impose reasonable 
                                terms, conditions, 
                                reservations, and restrictions 
                                on the use of a passenger motor 
                                vehicle and any item of 
                                property having a unit 
                                acquisition cost of $5,000 or 
                                more.
                          (ii) Special limitations.--If the 
                        Administrator finds that an item has 
                        characteristics that require special 
                        handling or use limitations, the 
                        Administrator may impose appropriate 
                        conditions on the donation of the 
                        property.
                  (H) Unusable property.--
                          (i) Disposal.--The state plan of 
                        operation shall provide that surplus 
                        personal property which the state 
                        agency determines cannot be used by 
                        eligible recipients shall be disposed 
                        of--
                                  (I) subject to the 
                                disapproval of the 
                                Administrator within 30 days 
                                after notice to the 
                                Administrator, through transfer 
                                by the state agency to another 
                                state agency or through 
                                abandonment or destruction if 
                                the property has no commercial 
                                value or if the estimated cost 
                                of continued care and handling 
                                exceeds estimated proceeds from 
                                sale; or
                                  (II) under this subtitle, on 
                                terms and conditions and in a 
                                manner the Administrator 
                                prescribes.
                          (ii) Proceeds from sale.--
                        Notwithstanding subchapter IV of this 
                        chapter and section 702 of this title, 
                        the Administrator, from the proceeds of 
                        sale of property described in 
                        subsection (b), may reimburse the state 
                        agency for expenses that the 
                        Administrator considers appropriate for 
                        care and handling of the property.
  (f) Cooperative Agreements With State Agencies.--
          (1) Parties to the agreement.--For purposes of 
        carrying out this section, a cooperative agreement may 
        be made between a state surplus property distribution 
        agency designated under this section and--
                  (A) the Administrator;
                  (B) the Secretary of Education, for property 
                transferred under section 550(c) of this title;
                  (C) the Secretary of Health and Human 
                Services, for property transferred under 
                section 550(d) of this title; or
                  (D) the head of a federal agency designated 
                by the Administrator, the Secretary of 
                Education, or the Secretary of Health and Human 
                Services.
          (2) Shared resources.--The cooperative agreement may 
        provide that the property, facilities, personnel, or 
        services of--
                  (A) a state agency may be used by a federal 
                agency; and
                  (B) a federal agency may be made available to 
                a state agency.
          (3) Reimbursement.--The cooperative agreement may 
        require payment or reimbursement for the use or 
        provision of property, facilities, personnel, or 
        services. Payment or reimbursement received from a 
        state agency shall be credited to the fund or 
        appropriation against which charges would otherwise be 
        made.
          (4) Surplus property transferred to state agency.--
                  (A) In general.--Under the cooperative 
                agreement, surplus property transferred to a 
                state agency for distribution pursuant to 
                subsection (c) may be retained by the state 
                agency for use in performing its functions. 
                Unless otherwise directed by the Administrator, 
                title to the retained property vests in the 
                state agency.
                  (B) Conditions.--Retention of surplus 
                property under this paragraph is subject to 
                conditions that may be imposed by--
                          (i) the Administrator;
                          (ii) the Secretary of Education, for 
                        property transferred under section 
                        550(c) of this title; or
                          (iii) the Secretary of Health and 
                        Human Services, for property 
                        transferred under section 550(d) of 
                        this title.

           *       *       *       *       *       *       *


             Subchapter IV--PROCEEDS FROM SALE OR TRANSFER

Sec. 571. General rules for deposit and use of proceeds

  [(a) Deposit in Treasury as Miscellaneous Receipts.--
          [(1) In general.--Except as otherwise provided in 
        this subchapter, proceeds described in paragraph (2) 
        shall be deposited in the Treasury as miscellaneous 
        receipts.
          [(2) Proceeds.--The proceeds referred to in paragraph 
        (1) are proceeds under this chapter from a--
                  [(A) transfer of excess property to a federal 
                agency for agency use; or
                  [(B) sale, lease, or other disposition of 
                surplus property.
  [(b) Payment of Expenses of Sale Before Deposit.--Subject to 
regulations under this subtitle, the expenses of the sale of 
old material, condemned stores, supplies, or other public 
property may be paid from the proceeds of sale so that only the 
net proceeds are deposited in the Treasury. This subsection 
applies whether proceeds are deposited as miscellaneous 
receipts or to the credit of an appropriation as authorized by 
law.]
  (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.

           *       *       *       *       *       *       *


SUBTITLE II--PUBLIC BUILDINGS AND WORKS

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PART A--GENERAL

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CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

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Sec. 3307. Congressional approval of proposed projects

  (a) Resolutions Required Before Appropriations May Be Made.--
The following appropriations may be made only if the Committee 
on Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives adopt resolutions approving the purpose for 
which the appropriation is made:
          (1) An appropriation to construct, alter, or acquire 
        any building to be used as a public building which 
        involves a total expenditure in excess of $1,500,000, 
        so that the equitable distribution of public buildings 
        throughout the United States with due regard for the 
        comparative urgency of need for the buildings, except 
        as provided in section 3305(b) of this title, is 
        ensured.
          (2) An appropriation to lease any space at an average 
        annual rental in excess of $1,500,000 for use for 
        public purposes.
          (3) An appropriation to alter any building, or part 
        of the building, which is under lease by the Federal 
        Government for use for a public purpose if the cost of 
        the alteration will exceed $750,000.
  (b) Transmission to Congress of Prospectus of Proposed 
Project.--To secure consideration for the approval referred to 
in subsection (a), the Administrator of General Services shall 
transmit to Congress a prospectus of the proposed facility, 
including--
          (1) a brief description of the building to be 
        constructed, altered, or acquired, or the space to be 
        leased, under this chapter;
          (2) the location of the building or space to be 
        leased and an estimate of the maximum cost to the 
        Government of the facility to be constructed, altered, 
        or acquired, or the space to be leased;
          (3) a comprehensive plan for providing space for all 
        Government officers and employees in the locality of 
        the proposed facility or the space to be leased, having 
        due regard for suitable space which may continue to be 
        available in existing Government-owned or occupied 
        buildings, especially those buildings that enhance the 
        architectural, historical, social, cultural, and 
        economic environment of the locality;
          (4) with respect to any project for the construction, 
        alteration, or acquisition of any building, a statement 
        by the Administrator that suitable space owned by the 
        Government is not available and that suitable rental 
        space is not available at a price commensurate with 
        that to be afforded through the proposed action;
          (5) a statement by the Administrator of the economic 
        and other justifications for not acquiring a building 
        identified to the Administrator under section 3303(c) 
        of this title as suitable for the public building needs 
        of the Government;
          (6) a statement of rents and other housing costs 
        currently being paid by the Government for federal 
        agencies to be housed in the building to be 
        constructed, altered, or acquired, or the space to be 
        leased; [and]
          (7) with respect to any prospectus for the 
        construction, alteration, or acquisition of any 
        building or space to be leased, an estimate of the 
        future energy performance of the building or space and 
        a specific description of the use of energy efficient 
        and renewable energy systems, including photovoltaic 
        systems, in carrying out the project[.]; and
          (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.
  (c) Increase of Estimated Maximum Cost.--The estimated 
maximum cost of any project approved under this section as set 
forth in any prospectus may be increased by an amount equal to 
any percentage increase, as determined by the Administrator, in 
construction or alteration costs from the date the prospectus 
is transmitted to Congress. The increase authorized by this 
subsection may not exceed 10 percent of the estimated maximum 
cost.
  (d) Rescission of Approval.--If an appropriation is not made 
within one year after the date a project for construction, 
alteration, or acquisition is approved under subsection (a), 
the Committee on Environment and Public Works of the Senate or 
the Committee on Transportation and Infrastructure of the House 
of Representatives by resolution may rescind its approval 
before an appropriation is made.
  (e) Emergency Leases by the Administrator.--This section does 
not prevent the Administrator from entering into emergency 
leases during any period declared by the President to require 
emergency leasing authority. An emergency lease may not be for 
more than 180 days without approval of a prospectus for the 
lease in accordance with subsection (a).
  (f) Minimum Performance Requirements for Leased Space.--With 
respect to space to be leased, the Administrator shall include, 
to the maximum extent practicable, minimum performance 
requirements requiring energy efficiency and the use of 
renewable energy.
  (g) Limitation on Leasing Certain Space.--
          (1) In general.--The Administrator may not lease 
        space to accommodate any of the following if the 
        average rental cost of leasing the space will exceed 
        $1,500,000:
                  (A) Computer and telecommunications 
                operations.
                  (B) Secure or sensitive activities related to 
                the national defense or security, except when 
                it would be inappropriate to locate those 
                activities in a public building or other 
                facility identified with the Government.
                  (C) A permanent courtroom, judicial chamber, 
                or administrative office for any United States 
                court.
          (2) Exception.--The Administrator may lease space 
        with respect to which paragraph (1) applies if the 
        Administrator--
                  (A) decides, for reasons set forth in 
                writing, that leasing the space is necessary to 
                meet requirements which cannot be met in public 
                buildings; and
                  (B) submits the reasons to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives.
  (h) Dollar Amount Adjustment.--The Administrator annually may 
adjust any dollar amount referred to in this section to reflect 
a percentage increase or decrease in construction costs during 
the prior calendar year, as determined by the composite index 
of construction costs of the Department of Commerce. Any 
adjustment shall be expeditiously reported to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.

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                 MCKINNEY-VENTO HOMELESS ASSISTANCE ACT



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      TITLE V--IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY

SEC. 501. USE OF UNUTILIZED AND UNDERUTILIZED PUBLIC BUILDINGS AND REAL 
                    PROPERTY TO ASSIST THE HOMELESS.

  (a) Identification of Suitable Property.--The Secretary of 
Housing and Urban Development shall, on a quarterly basis, 
request information from each landholding agency regarding 
Federal public buildings and other Federal real properties 
(including fixtures) that are excess property or surplus 
property or that are described as unutilized or underutilized 
in surveys by the heads of landholding agencies under section 
202(b)(2) of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 483(b)(2)). No later than 25 days after 
receiving a request from the Secretary, the head of each 
landholding agency shall transmit such information to the 
Secretary. No later than 30 days after receiving such 
information, the Secretary shall identify which of those 
buildings and other properties are suitable for use to assist 
the homeless.
  (b) Availability of Property.--(1) The Secretary shall 
promptly notify each Federal agency with respect to any 
property of that agency that the Secretary has identified under 
subsection (a). No later than 45 days after receipt of such a 
notice, the head of the appropriate landholding agency shall 
transmit to the Secretary the agency's response to property 
identifications contained in such notification, which shall 
include--
          (A) in the case of unutilized or underutilized 
        property--
                  (i) a statement of intention to determine the 
                property excess to the agency's needs;
                  (ii) a statement of intention to make the 
                property available for use to assist the 
                homeless; or
                  (iii) a statement of the reasons (including a 
                full explanation of the need) the property 
                cannot be determined excess to the agency's 
                needs or made available for use to assist the 
                homeless; and
          (B) in the case of excess property--
                  (i) a statement that there is no other 
                compelling Federal need for the property and, 
                therefore, the property will be determined 
                surplus; or
                  (ii) a statement that there is further and 
                compelling Federal need for the property 
                (including a full explanation of such need) and 
                that, therefore, the property is not presently 
                available for use to assist the homeless.
  (2)[(A)] All properties identified by the Secretary under 
subsection (a) shall be available for application--
          [(i)] (A) in the case of property other than surplus 
        property, for use to assist the homeless in accordance 
        with the provisions of this section; [and]
          [(ii)] (B) in the case of surplus property, for use 
        to assist the homeless either in accordance with this 
        section or as a public health use in accordance with 
        paragraphs (1) and (4) of section 203(k) of the Federal 
        Property and Administrative Services Act of 1949 (40 
        U.S.C. 484(k) (1)(4))[.]; and
          (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.
  (3) The Secretary shall maintain a written public record of--
          (A) the identification of buildings and other 
        properties by the Secretary under this subsection and 
        the reasons for such identifications; and
          (B) the responses of landholding agencies to such 
        identifications.
  (c) Publication of Properties.--(1)(A) No later than 15 days 
after the last day of the 45-day period provided for under 
subsection (b)(1), the Secretary shall publish [in the Federal 
Register] on the Web site of the Department of Housing and 
Urban Development or the General Services Administration--
          (i) a list of all properties reviewed by the 
        Secretary under subsection (a); and
          (ii) a list of all properties that are available 
        under subsection (b)(2) for application for use to 
        assist the homeless.
  (B) Each publication of properties shall include a 
description and the location of each property (including the 
address and zip code) and the current classification of each 
property as unutilized, underutilized, excess property, or 
surplus property.
  (C) The Secretary shall make available to the public upon 
request all information in the possession of the Department of 
Housing and Urban Development (other than valuation 
information), regardless of format, about all properties 
reviewed and not identified as being suitable for use to assist 
the homeless, including the reasons such properties were not so 
identified.
  (D) The Secretary shall publish separately, on an annual 
basis, all properties identified as being suitable for use to 
assist the homeless, but reported to be unavailable, and the 
reasons such properties were unavailable.
  (2)(A) No later than 15 days after the last day of the 45-day 
period provided for under subsection (b)(1), the Secretary 
shall transmit a copy of the list of available properties 
published under paragraph (1)(A)(ii) to the United States 
Interagency Council on Homelessness. The Council shall 
immediately distribute to all State and regional homeless 
coordinators area-relevant portions of the list.
  (B) The Secretary, the Administrator, and the Secretary of 
Health and Human Services shall make such efforts as are 
necessary to ensure the widest possible dissemination of the 
information on such list.
  (C) The Secretary shall establish a toll-free number to 
provide the public with specific information about properties 
on such list.
  (3) The Secretary shall make available to the public upon 
request all information (other than valuation information) 
regardless of format in the possession of the Department of 
Housing and Urban Development about the properties published 
under paragraph (1)(A), including environmental assessment 
data. The Secretary shall maintain a current list of agency 
contacts for making referrals of inquiries for information 
about specific properties.
  (4)(A) On December 31 of each year, the head of each 
landholding agency shall report to the Secretary the current 
availability status and the current classification of each 
property controlled by the agency, that--
          (i) was included in a list published in that year by 
        the Secretary under paragraph (1)(A)(ii); and
          (ii) remains available for application for use to 
        assist the homeless or has become available for 
        application during that year.
  (B) No later than February 15 each year, the Secretary shall 
publish in the Federal Register a list of all properties 
reported under subparagraph (A) for the preceding year and the 
current classification of the properties.
  (C) For purposes of subparagraph (A), property shall not be 
considered to remain available for application for use to 
assist the homeless after the 60-day holding period provided 
under subsection (d) if--
          (i) an application for or written expression of 
        interest in the property is made under any law for use 
        of the property for any purpose; or
          (ii) the Administrator receives a bona fide offer to 
        purchase the property or advertises for the sale of the 
        property by public auction.
  (d) Holding Period.--(1) Properties published under 
subsection (c)(1)(A)(ii) as available for application for use 
to assist the homeless shall not be available for any other 
purpose for a [period of 60 days] period of 30 days beginning 
on the date of such publication.
  (2) If written notice of intent to apply for such a property 
for use to assist the homeless is received by the Secretary of 
Health and Human Services within the [60-day period] 30-day 
period described under paragraph (1), such property may not be 
made available for any other purpose until the date the 
Secretary of Health and Human Services or other appropriate 
landholding agency has completed action on the application 
submitted under subsection (e) with respect to that written 
notice of intent.
  (3) Property that is reviewed by the Secretary under 
subsection (a) and that is not identified by the Secretary as 
being suitable for use to assist the homeless may not be made 
available for any other purpose for 20 days after the 
determination of unsuitability to allow for review of the 
determination at the request of the representative of the 
homeless. The Secretary shall disseminate immediately this 
information to the regional offices of the Department of 
Housing and Urban Development and to the United States 
Interagency Council on Homelessness. 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)(A) Written notice of intent to apply for a property 
published under subsection (c)(1)(A)(ii) may be filed at any 
time after the [60-day period] 30-day period described in 
paragraph (1) has expired. In such case, an application 
submitted pursuant to the notice may be approved for disposal 
for use to assist the homeless only if the property remains 
available for application for use to assist the homeless. If 
the property remains available, the use to assist the homeless 
shall be given priority of consideration over other competing 
disposal opportunities under section 203 of the Federal 
Property and Administratives Services Act of 1949 (40 U.S.C. 
484), except as provided in subsection (f)(3)(A).
  (B) Surplus property for which an application has been 
approved shall be assigned promptly to the Secretary of Health 
and Human Services for disposition in accordance with and 
subject to subsection (f).
  (e) Application for Property.--(1) A representative of the 
homeless may submit an application to the Secretary of Health 
and Human Services for any property that is published under 
subsection (c)(1)(A)(ii) as available for application for use 
to assist the homeless.
  (2)(A) No later than [90 days] 75 days after the submission 
of written notice of intent to apply for a property, an 
applicant shall submit [a complete application] an initial 
application to the Secretary of Health and Human Services. The 
Secretary of Health and Human Services shall, with the 
concurrence of the appropriate landholding agency, grant 
reasonable extensions.
  (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.
  (3) No later than [25 days after receipt of a completed 
application] 10 days after receipt of an initial application, 
the Secretary of Health and Human Services shall review, make 
all determinations, and complete all actions on the 
application. The Secretary of Health and Human Services shall 
maintain a written public record of all actions taken in 
response to an application.
  (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.
  (f) Making Property Available to Representatives of the 
Homeless.--(1) Subject to the provisions of this subsection, 
property for which the Secretary of Health and Human Services 
has approved an application under subsection (e) shall be made 
promptly [available by] available, at the applicant's 
discretion, by permit or lease, or by deed as a public health 
use under paragraphs (1) and (4) of section 203(k) of the 
Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 484(k) (1) and (4)), to the representative of the 
homeless that submitted the application.
  (2) Unutilized or underutilized property that is the subject 
of an agency's statement of intention under subsection 
(b)(1)(A)(ii) shall be made promptly available by the 
appropriate landholding agency to the approved applicant by 
lease or permit for a term of not less than 1 year, unless the 
applicant requests a shorter term.
  (3)(A) In disposing of surplus property by deed or lease 
under section 203 of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484), the Administrator and the 
Secretary of Health and Human Services shall give priority of 
consideration to uses to assist the homeless, unless the 
Administrator or the Secretary of Health and Human Services 
determines that a competing request for the property under 
section 203(k) of such Act is so meritorious and compelling as 
to outweigh the needs of the homeless.
  (B) Whenever the Administrator or the Secretary of Health and 
Human Services makes a determination under subparagraph (A), 
the Administrator or the Secretary of Health and Human Services 
shall transmit to the appropriate committees of the Congress an 
explanatory statement detailing the need satisfied by 
conveyance of the surplus property and the reasons for 
determining that such need was so meritorious and compelling as 
to outweigh the needs of the homeless.
  (4) For any property made available by lease to a 
representative of the homeless before the date of the enactment 
of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1990, the Secretary of Health and Human Services may, upon 
written request by the representative, convey such property by 
deed to the representative in accordance with, and subject to 
the requirements of, section 203(k) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(k)). The 
lease term shall not be affected if a deed is not granted.
  (g) Records.--The Secretary shall maintain a written public 
record of--
          (1) the reasons for determinations of the Secretary 
        under this section that property is suitable or 
        unsuitable for use to assist the homeless; and
          (2) the responses of landholding agencies under 
        subsection (b)(1).
  (h) Applicability to Property Under Base Closure Process.--
(1) The provisions of this section shall not apply to buildings 
and property at military installations that are approved for 
closure under the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note) after the date of the enactment of this subsection.
  (2) For provisions relating to the use to assist the homeless 
of buildings and property located at certain military 
installations approved for closure under such Act, or under 
title II of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
note), before such date, see section 2(e) of Base Closure 
Community Redevelopment and Homeless Assistance Act of 1994.
  (i) Definitions.--For purposes of this section--
          (1) the term ``Administrator'' means the 
        Administrator of General Services;
          (2) each of the terms ``excess property'' and 
        ``surplus property'' has the meaning given that term 
        under section 3 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 472);
          (3) the term ``landholding agency'' means a Federal 
        department or agency with statutory authority to 
        control real property;
          (4) the term ``representative of the homeless'' means 
        a State or local government agency, or private 
        nonprofit organization, which provides services to the 
        homeless; and
          (5) the term ``Secretary'' means the Secretary of 
        Housing and Urban Development, except as otherwise 
        provided.

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