II 
114TH CONGRESS 
2D SESSION 
H. R. 4465 
IN THE SENATE OF THE UNITED STATES 
MAY 24, 2016 
Received 
AN ACT 
To decrease the deficit by consolidating and selling Federal 
buildings and other civilian real property, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Assets Sale and Transfer Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
Sec. 4. Board. 
Sec. 5. Board meetings. 
Sec. 6. Compensation and travel expenses. 
Sec. 7. Executive Director. 
Sec. 8. Staff. 
Sec. 9. Contracting authority. 
Sec. 10. Termination. 
Sec. 11. Development of recommendations to Board. 
Sec. 12. Board duties. 
Sec. 13. Review by OMB. 
Sec. 14. Implementation of Board recommendations. 
Sec. 15. Authorization of appropriations. 
Sec. 16. Funding. 
Sec. 17. Congressional approval of proposed projects. 
Sec. 18. Preclusion of judicial review. 
Sec. 19. Implementation review by GAO. 
Sec. 20. Agency retention of proceeds. 
Sec. 21. Federal real property database. 
Sec. 22. Streamlining McKinney-Vento Homeless Assistance Act. 
Sec. 23. Additional property. 
Sec. 24. Sale of 12th and Independence. 
Sec. 25. Sale of Cotton Annex. 
SEC. 2. PURPOSES. 
The purpose of this Act is to reduce the costs of Fed-
eral real estate by— 
(1) consolidating the footprint of Federal build-
ings and facilities; 
(2) maximizing the utilization rate of Federal 
buildings and facilities; 
(3) reducing the reliance on leased space; 
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(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 as-
sociated with field offices; 
(7) creating incentives for Federal agencies to 
achieve greater efficiency in their inventories of civil-
ian real property; 
(8) facilitating and expediting the sale or dis-
posal of unneeded Federal civilian real properties; 
(9) improving the efficiency of real property 
transfers for the provision of services to the home-
less; 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 fol-
lowing definitions apply: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(2) BOARD.—The term ‘‘Board’’ means the 
Public Buildings Reform Board established by sec-
tion 4. 
(3) CERCLA.—The term ‘‘CERCLA’’ means 
the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.). 
(4) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means an executive department or inde-
pendent establishment in the executive branch of the 
Government, and a wholly owned Government cor-
poration. 
(5) FEDERAL CIVILIAN REAL PROPERTY AND 
CIVILIAN REAL PROPERTY.— 
(A) IN GENERAL.—The terms ‘‘Federal ci-
vilian real property’’ and ‘‘civilian real prop-
erty’’ refer to Federal real property assets, in-
cluding public buildings as defined in section 
3301(a) of title 40, United States Code, occu-
pied and improved grounds, leased space, or 
other physical structures under the custody and 
control of any Federal agency. 
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(B) 
EXCLUSIONS.—Subparagraph 
(A) 
shall not be construed as including any of the 
following types of property: 
(i) Properties that are on military in-
stallations (including any fort, camp, post, 
naval training station, airfield proving 
ground, military supply depot, military 
school, or any similar facility of the De-
partment 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 Direc-
tor 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 prop-
erties, including— 
(I) any property within the limits 
of an Indian reservation to which the 
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United States owns title for the ben-
efit 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 indi-
vidual or held by an Indian tribe or 
individual subject to restriction by the 
United States against alienation. 
(vi) Properties operated and main-
tained by the Tennessee Valley Authority 
pursuant to the Tennessee Valley Author-
ity 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, in-
cluding research in connection with the 
programs. 
(ix) Properties used in connection 
with river, harbor, flood control, reclama-
tion, or power projects. 
(x) Properties located outside the 
United States operated or maintained by 
the Department of State or the United 
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States Agency for International Develop-
ment. 
(6) FIELD
OFFICE.—The term ‘‘field office’’ 
means any Federal office that is not the head-
quarters office location for the Federal agency. 
(7) HUD.—The term ‘‘HUD’’ means the De-
partment 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 esti-
mated proceeds and estimated costs, based on the 
accounting system developed or identified under sec-
tion 12(e), associated with the transactions included 
in Board recommendations. 
SEC. 4. BOARD. 
(a) ESTABLISHMENT.—There is established an inde-
pendent board to be known as the Public Buildings Re-
form Board. 
(b) DUTIES.—The Board shall carry out the duties 
as specified in this Act. 
(c) MEMBERSHIP.— 
(1) IN
GENERAL.—The Board shall be com-
posed of a Chairperson appointed by the President, 
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by and with the advice and consent of the Senate, 
and six members appointed by the President. 
(2) APPOINTMENTS.—In selecting individuals 
for appointments to the Board, the President shall 
consult with— 
(A) the Speaker of the House of Rep-
resentatives concerning the appointment of two 
members; 
(B) the majority leader of the Senate con-
cerning the appointment of two members; 
(C) the minority leader of the House of 
Representatives concerning the appointment of 
one member; and 
(D) the minority leader of the Senate con-
cerning the appointment of one member. 
(3) TERMS.—The term for each member of the 
Board shall be 6 years. 
(4) VACANCIES.—Vacancies shall be filled in 
the same manner as the original appointment. 
(5) QUALIFICATIONS.—In selecting individuals 
for appointment to the Board, the President shall 
ensure that the Board contains individuals with ex-
pertise representative of the following: 
(A) Commercial real estate and redevelop-
ment. 
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(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 meet-
ing shall be announced in the Federal Register and the 
Federal Web site established by the Board at least 14 cal-
endar days in advance of a meeting. For all public meet-
ings, the Board shall release an agenda and a listing of 
materials relevant to the topics to be discussed. 
(b) QUORUM AND MEETINGS.—Five Board members 
shall constitute a quorum for the purposes of conducting 
business and three or more Board members shall con-
stitute a meeting of the Board. 
(c) TRANSPARENCY OF INFORMATION.—All the pro-
ceedings, 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 In-
frastructure of the House of Representatives; 
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(2) the Committee on Oversight and Govern-
ment 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 mem-
ber, 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 ac-
tual 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 equiva-
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lent of the minimum annual rate of basic pay pay-
able 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 Ex-
ecutive 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 per-
sonnel detailed from Federal agencies. 
(b) REQUESTS FOR DETAIL EMPLOYEES.—Upon re-
quest 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 
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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 consulta-
tion 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 per-
sonal 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. 
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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 Fed-
eral civilian real properties owned, leased, or con-
trolled by the agency, including all relevant informa-
tion prescribed by the Administrator and the Direc-
tor 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 re-
spective property, and square footage (including 
gross, rentable, and usable). 
(2) 
AGENCY
RECOMMENDATIONS.—Rec-
ommendations 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 
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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, re-
duce the operating costs of the Government, 
and create the highest value and return for the 
taxpayer. 
(C) Operational efficiencies that the Gov-
ernment can realize in its operation and main-
tenance of Federal civilian real properties. 
(b) STANDARDS AND CRITERIA.— 
(1) DEVELOPMENT OF STANDARDS AND CRI-
TERIA.—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 cri-
teria against which the agency recommenda-
tions will be reviewed; and 
(C) submit to the Board the recommenda-
tions developed pursuant to paragraph (2). 
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(2) RECOMMENDATIONS TO BOARD.—The Di-
rector 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 incor-
porate 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 Govern-
ment), redeveloped, outleased, or otherwise used 
to produce the highest and best value and re-
turn for the taxpayer. 
(B) The extent to which the operating and 
maintenance costs are reduced through consoli-
dating, co-locating, and reconfiguring space, 
and through realizing other operational effi-
ciencies. 
(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. 
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(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 opportu-
nities to consolidate similar operations across 
multiple agencies or within agencies. 
(H) The economic impact on existing com-
munities in the vicinity of the civilian real prop-
erty. 
(I) The extent to which energy consump-
tion 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 in-
crease efficiency and provide performance data. The utili-
zation rates shall be consistent throughout each applicable 
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category of space and with nongovernment space utiliza-
tion 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 rec-
ommend 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 sub-
section (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 sub-
section (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 per-
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taining to the civilian real properties under the cus-
tody, control, or administrative jurisdiction of the 
Federal agency. The Board shall notify the commit-
tees 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 OP-
PORTUNITIES.—The Board shall identify opportunities for 
the Government to reduce significantly its inventory of ci-
vilian real property and reduce costs to the Government. 
(b) IDENTIFICATION OF HIGH VALUE ASSETS.— 
(1) 
IDENTIFICATION
OF
CERTAIN
PROP-
ERTIES.—Not later than 180 days after Board 
members are appointed pursuant to section 4, the 
Board shall— 
(A) identify not fewer than five Federal ci-
vilian 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 sub-
ject to the approval process described in section 
13. 
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(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 pursu-
ant 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 Adminis-
trator of the Report of Excess and notwith-
standing any other provision of law (including 
section 501 of the McKinney-Vento Homeless 
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Assistance Act (42 U.S.C. 11411), but except 
as provided in section 14(g)), the General Serv-
ices 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 civil-
ian real properties at fair market value at high-
est and best use, unless the Director of OMB 
determines it is in the financial interest of the 
Government to execute a sale more than a year 
after the acceptance of the Report of Excess, 
but not greater than 2 years after the accept-
ance of the Report of Excess. 
(c) ANALYSIS OF INVENTORY.—The Board shall per-
form 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 rec-
ommendations that meet the standards and criteria, the 
Board shall develop such recommendations as the Board 
considers appropriate based on existing data contained in 
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the Federal Real Property Profile or other relevant infor-
mation. 
(d) INFORMATION AND PROPOSALS.— 
(1) RECEIPT.—Notwithstanding any other pro-
vision 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, pro-
posals, 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 re-
turns on the recommendations. Such accounting system 
shall be applied in developing the Board’s recommenda-
tions 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 
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hearing under this subsection shall be presented under 
oath. 
(g) REPORTING
OF
INFORMATION
AND
REC-
OMMENDATIONS.— 
(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, con-
clusions, and recommendations for— 
(A) the consolidation, exchange, co-loca-
tion, 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. 
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(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 para-
graph (1). The total value of transactions con-
tained 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 sub-
section 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 mak-
ing 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 rec-
ommendations 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 con-
duct a review of the recommendations. 
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vised 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 para-
graph (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 proc-
ess shall terminate until the following round, as described 
in section 12. 
SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDA-
TIONS. 
(a) DEADLINES.— 
(1) PREPARATION.—Federal agencies shall— 
(A) not later than 60 days after the Direc-
tor of OMB transmits the Board’s rec-
ommendations to Congress pursuant to para-
graph (1) or (4) of section 13(c), immediately 
begin preparations to carry out the Board’s rec-
ommendations; and 
(B) not later than 2 years after such 
transmittal, initiate all activities necessary to 
carry out the Board’s recommendations. 
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(2) COMPLETION.—Not later than 6 years after 
the Director of OMB transmits the Board’s rec-
ommendations 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 ac-
tions that will take longer than the 6-year period de-
scribed in paragraph (2) due to extenuating cir-
cumstances, Federal agencies shall notify the Direc-
tor of OMB and Congress, as soon as the extenu-
ating 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 agen-
cies may take, pursuant to subsection (c), all such nec-
essary and proper actions, including— 
(1) acquiring land, constructing replacement fa-
cilities, performing such other activities, and con-
ducting advance planning and design as may be re-
quired to transfer functions from a Federal asset or 
property to another Federal civilian property; 
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(2) reimbursing other Federal agencies for ac-
tions 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 recommenda-
tion of the Board, a Federal agency shall— 
(i) in consultation with the Adminis-
trator, continue to act within the Federal 
agency’s existing legal authorities, includ-
ing legal authorities delegated to the Fed-
eral agency by the Administrator; or 
(ii) work in partnership with the Ad-
ministrator to carry out such actions. 
(B) NECESSARY AND PROPER ACTIONS.— 
The Administrator may take such necessary 
and proper actions, including the sale, convey-
ance, or exchange of civilian real property, as 
required 
to 
implement 
the 
Board’s 
rec-
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ommendations 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 Fed-
eral agency’s responsibilities pursuant to the rec-
ommendations. 
(d) DISCRETION
OF ADMINISTRATOR REGARDING 
TRANSACTIONS.—For any transaction identified, rec-
ommended, or commenced as a result of this Act, any oth-
erwise 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 consider-
ation at all, or in a transaction that mandates the exclu-
sion of other market participants, shall be at the discretion 
of the Administrator. 
(e) RELATIONSHIP
TO OTHER LAWS.—Any rec-
ommendation or commencement of a sale, disposal, con-
solidation, 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; 
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(3) any section of the Act entitled ‘‘An Act Au-
thorizing 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 Govern-
ment 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 sub-
mits the Board’s recommendations to Congress pur-
suant to paragraphs (1) and (4) of section 13(c), all 
known information on Federal civilian real prop-
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erties that are included in the recommendations (ex-
cept 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 Sec-
retary shall identify any suitable civilian real prop-
erties for use as a property benefiting the mission of 
assistance to the homeless for the purposes of fur-
ther 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 civil-
ian real property that is not identified by the Sec-
retary 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.— 
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(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
CONDI-
TIONS.—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 in-
terests of the United States. Such additional 
terms and conditions shall not affect or dimin-
ish any rights or obligations of the Federal 
agencies under section 120(h) of CERCLA (in-
cluding, without limitation, the requirements of 
subsections (h)(3)(A) and (h)(3)(C)(iv) of that 
section). 
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(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 restora-
tion, 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 de-
termined 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 be-
tween 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 in-
curred by the recipient of such property for all 
environmental restoration, waste management, 
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and environmental compliance activities with re-
spect to such property exceed the fair market 
value of such property as specified in such cer-
tification; or 
(B) the amount by which the costs (as de-
termined by the head of the disposing agency) 
that would otherwise have been incurred by the 
Secretary for such restoration, waste manage-
ment, 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 RECIPI-
ENTS.—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 re-
garding the environmental restoration, waste man-
agement, and environmental compliance activities 
that relate to the property. The head of the dis-
posing agency shall provide such information before 
entering into the agreement. 
(5) CONSIDERATION OF ENVIRONMENTAL RE-
MEDIATION IN GRANTING TIME EXTENSIONS.—For 
the purposes of granting time extensions under sub-
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section (a), the Director of OMB shall give the need 
for significant environmental remediation to a civil-
ian real property more weight than any other factor 
in determining whether to grant an extension to im-
plement a Board recommendation. 
(6) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this Act may be construed to 
modify, alter, or amend CERCLA, the National En-
vironmental 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 rec-
ommendations. 
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 Sala-
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ries and Expenses Account’’ (in this subsection re-
ferred to as the ‘‘Account’’). 
(2) NECESSARY PAYMENTS.—There shall be de-
posited into the Account such amounts, as are pro-
vided 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 ac-
count 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 ap-
proved under section 13. 
(3) DEPOSITS.—The following amounts shall be 
deposited into the Fund and made available for obli-
gation or expenditure only as provided in advance in 
appropriations Acts (subject to section 3307 of title 
40, United States Code, to the extent an appropria-
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tion normally covered by that section exceeds 
$20,000,000) for the purposes specified: 
(A) Such amounts as are provided in ap-
propriations Acts, to remain available until ex-
pended, for the consolidation, co-location, ex-
change, 
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 recommenda-
tions pursuant to section 14, including costs associ-
ated with— 
(A) sales transactions; 
(B) acquiring land, construction, con-
structing replacement facilities, and conducting 
advance planning and design as may be re-
quired to transfer functions from a Federal 
asset or property to another Federal civilian 
property; 
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(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 CON-
TENTS.—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 rec-
ommendations. 
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 para-
graph (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.’’. 
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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 an-
nually shall monitor and review the implementation activi-
ties 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 pro-
ceeds 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 deter-
mined to be excess. 
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‘‘(2) EXPENDITURE OF NET PROCEEDS.—The 
net proceeds deposited pursuant to paragraph (1) 
may only be expended, as authorized in annual ap-
propriations Acts, for activities described in sections 
543 and 545, including paying costs incurred by the 
General Services Administration for any disposal-re-
lated 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 ex-
pended within 5 years after such date shall be de-
posited 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 ex-
penses of the transfer or disposition as provided in section 
572(a), from a— 
‘‘(1) transfer of excess real property to a Fed-
eral agency for agency use; or 
‘‘(2) sale, lease, or other disposition of surplus 
real property.’’. 
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(b) EFFECTIVE DATE.—The provisions of this sec-
tion, 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 trans-
actions 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 Adminis-
trator of General Services shall publish a single, com-
prehensive, 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 infor-
mation, 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 ad-
dress 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. 
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(3) Whether the Federal real property is cur-
rently, or will in the future be, needed to support 
agency’s mission or function. 
(4) The utilization of each Federal real prop-
erty for each such agency, including whether such 
property is excess, surplus, underutilized, or unuti-
lized. 
(5) The number of days each Federal real prop-
erty 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 Admin-
istration. 
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(d) TRANSPARENCY OF DATABASE.—To the extent 
practicable, the Administrator shall ensure that the data-
base— 
(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 pursu-
ant to section 552(b) of title 5, United States Code. 
SEC. 22. STREAMLINING MCKINNEY-VENTO HOMELESS AS-
SISTANCE ACT. 
Section 501 of the McKinney-Vento Homeless Assist-
ance 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 redesig-
nated) by striking ‘‘and’’ at the end; 
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(D) in subparagraph (B) (as so redesig-
nated) by striking the period at the end and in-
serting ‘‘; 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 deter-
mination 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. improve-
ments) that may change the unsuitable deter-
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mination and the Secretary subsequently deter-
mines 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 des-
ignated)— 
(I) by striking ‘‘90 days’’ and in-
serting ‘‘75 days’’; and 
(II) by striking ‘‘a complete ap-
plication’’ and inserting ‘‘an initial ap-
plication’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(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 dem-
onstrates the ability to provide the services.’’; 
(B) in paragraph (3) by striking ‘‘25 days 
after receipt of a completed application’’ and in-
serting ‘‘10 days after receipt of an initial ap-
plication’’; and 
(C) by adding at the end the following: 
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‘‘(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 dis-
cretion, 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 pub-
lic, and, for purposes of determining 
whether a museum is attended by the pub-
lic, the Administrator shall consider a mu-
seum to be public if the nonprofit edu-
cational or public health institution or or-
ganization, at minimum, accedes to any re-
quest submitted for access during business 
hours;’’. 
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SEC. 24. SALE OF 12TH AND INDEPENDENCE. 
(a) DEFINITION.—In this section, the term ‘‘prop-
erty’’ means the property located in the District of Colum-
bia, subject to survey and as determined by the Adminis-
trator of General Services, generally consisting of Squares 
325 and 326 and a portion of Square 351 and generally 
bounded by 12th Street, Independence Avenue, C Street, 
and the James Forrestal Building, all in Southwest Wash-
ington, District of Columbia, and shall include all associ-
ated air rights, improvements thereon, and appurtenances 
thereto. 
(b) SALE.—Not later than December 31, 2018, the 
Administrator of General Services shall sell the property 
at fair market value at highest and best use. 
(c) NET PROCEEDS.—Any net proceeds received shall 
be paid into an account in the Federal Buildings Fund 
established under section 592 of title 40, United States 
Code. Upon deposit, the net proceeds from the sale may 
be expended only subject to a specific future appropria-
tion. 
SEC. 25. SALE OF COTTON ANNEX. 
(a) DEFINITION.—In this section, the term ‘‘prop-
erty’’ means property located in the District of Columbia, 
subject to survey and as determined by the Administrator, 
generally consisting of Square 326 south of C Street, all 
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in Southwest Washington, District of Columbia, including 
the building known as the Cotton Annex. 
(b) SALE.—Not later than December 31, 2018, the 
Administrator of General Services shall sell the property 
at fair market value at highest and best use. 
(c) NET PROCEEDS.—Any net proceeds received shall 
be paid into an account in the Federal Buildings Fund 
established under section 592 of title 40, United States 
Code. Upon deposit, the net proceeds from the sale may 
be expended only subject to a specific future appropria-
tion. 
Passed the House of Representatives May 23, 2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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