IB 
Union Calendar No. 448 
114TH CONGRESS 
2D SESSION 
H. R. 4465 
[Report No. 114–578, Parts I and II] 
To decrease the deficit by consolidating and selling Federal buildings and 
other civilian real property, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2016 
Mr. DENHAM (for himself, Mr. CHAFFETZ, Mr. SHUSTER, Mr. CUMMINGS, 
Mr. DEFAZIO, Mr. BARLETTA, and Mr. CARSON of Indiana) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Oversight and 
Government Reform, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
MAY 23, 2016 
Additional sponsor: Mr. LAMALFA 
MAY 23, 2016 
Reported from the Committee on Transportation and Infrastructure 
MAY 23, 2016 
Reported from the Committee on Oversight and Government Reform with an 
amendment, committed to the Committee of the Whole House on the 
State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 4, 2016] 
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A BILL 
To decrease the deficit by consolidating and selling Federal 
buildings and other civilian real property, and for other 
purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Assets Sale and Transfer Act of 2016’’. 
(b) TABLE OF CONTENTS.— 
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 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 tax-
payer; 
(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 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 fol-
lowing definitions apply: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services. 
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(2) BOARD.—The term ‘‘Board’’ means the Pub-
lic Buildings Reform Board established by section 4. 
(3) CERCLA.—The term ‘‘CERCLA’’ means the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.). 
(4) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means an executive department or independent 
establishment in the executive branch of the Govern-
ment, and a wholly owned Government corporation. 
(5) FEDERAL CIVILIAN REAL PROPERTY AND CI-
VILIAN 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, 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 fol-
lowing types of property: 
(i) Properties that are on military in-
stallations (including any fort, camp, post, 
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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 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 prop-
erties, 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 indi-
vidual or held by an Indian tribe or 
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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 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, rec-
reational, or conservation purposes, includ-
ing research in connection with the pro-
grams. 
(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 Develop-
ment. 
(6) FIELD
OFFICE.—The term ‘‘field office’’ 
means any Federal office that is not the headquarters 
office location for the Federal agency. 
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(7) HUD.—The term ‘‘HUD’’ means the Depart-
ment 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 pro-
ceeds and estimated costs, based on the accounting 
system developed or identified under section 12(e), as-
sociated with the transactions included in Board rec-
ommendations. 
SEC. 4. BOARD. 
(a) ESTABLISHMENT.—There is established an inde-
pendent 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 con-
sult with— 
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(A) the Speaker of the House of Representa-
tives concerning the appointment of 2 members; 
(B) the majority leader of the Senate con-
cerning 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 con-
cerning 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 en-
sure that the Board contains individuals with exper-
tise representative of the following: 
(A) Commercial real estate and redevelop-
ment. 
(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 
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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 pro-
ceedings, information, and deliberations of the Board shall 
be open, upon request, to the Chairperson and ranking mi-
nority party member, and their respective subcommittee 
Chairperson and subcommittee ranking minority party 
member, of— 
(1) the Committee on Transportation and Infra-
structure 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 
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(5) the Committees on Appropriations of the 
House of Representatives and the Senate. 
(d) GOVERNMENT ACCOUNTABILITY OFFICE.—All pro-
ceedings, 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 perform-
ance 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. 
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SEC. 7. EXECUTIVE DIRECTOR. 
(a) APPOINTMENT.—The Board shall appoint an Exec-
utive Director, who may be appointed without regard to 
the provisions of title 5, United States Code, governing ap-
pointments 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 
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 
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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. 
SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD. 
(a) SUBMISSIONS OF AGENCY INFORMATION AND REC-
OMMENDATIONS.—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 termi-
nation 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 Director 
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of OMB, including data related to the age and condi-
tion of the property, operating costs, history of cap-
ital expenditures, sustainability metrics, number of 
Federal employees and functions housed in the respec-
tive property, and square footage (including gross, 
rentable, and usable). 
(2) AGENCY RECOMMENDATIONS.—Recommenda-
tions of the agency on the following: 
(A) Federal civilian real properties that can 
be sold for proceeds or otherwise disposed of, re-
ported as excess, declared surplus, outleased, or 
otherwise no longer meeting the needs of the 
agency, excluding leasebacks or other such ex-
change 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 re-
duce 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 Govern-
ment can realize in its operation and mainte-
nance of Federal civilian real properties. 
(b) STANDARDS AND CRITERIA.— 
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(1) DEVELOPMENT
OF
STANDARDS
AND
CRI-
TERIA.—Not later than 60 days after the deadline for 
submissions of agency recommendations under sub-
section (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 recommendations 
will be reviewed; and 
(C) submit to the Board the recommenda-
tions developed pursuant to paragraph (2). 
(2) RECOMMENDATIONS TO BOARD.—The Direc-
tor of OMB and the Administrator shall jointly de-
velop 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 
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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 consoli-
dating, 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, be-
ginning with the date of completion of the pro-
posed 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 
property. 
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(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.—Stand-
ards developed by the Director of OMB pursuant to sub-
section (b) shall incorporate and apply clear standard utili-
zation 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 sub-
section, 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 trans-
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mitted 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 sec-
tion 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 PROPERTIES.— 
Not later than 180 days after Board members are ap-
pointed pursuant to section 4, the Board shall— 
(A) identify not fewer than 5 Federal civil-
ian real properties that are not on the list of 
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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 Con-
gress 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 Fed-
eral 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 ex-
isting 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 pursu-
ant to paragraph (1), Federal agencies with custody, 
control, or administrative jurisdiction over the identi-
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fied 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 As-
sistance Act (42 U.S.C. 11411), but except as 
provided in section 14(g)), the General Services 
Administration shall initiate the sale of the ci-
vilian real properties described in paragraph 
(1). 
(B) COMPLETION OF SALE.—Not later than 
1 year after the acceptance of the Report of Ex-
cess, 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 ac-
ceptance 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 per-
form an independent analysis of the inventory of Federal 
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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 sec-
tion 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 
the Federal Real Property Profile or other relevant informa-
tion. 
(d) INFORMATION AND PROPOSALS.— 
(1) RECEIPT.—Notwithstanding any other provi-
sion of law, the Board may receive and consider pro-
posals, 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 iden-
tify or develop and implement a system of accounting to 
be used to independently evaluate the costs of and returns 
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on the recommendations. Such accounting system shall be 
applied in developing the Board’s recommendations and de-
termining the highest return to the taxpayer. In applying 
the accounting system, the Board shall set a standard per-
formance period of not less than 15 years. 
(f) PUBLIC HEARING.—The Board shall conduct pub-
lic hearings. All testimony before the Board at a public 
hearing under this subsection shall be presented under oath. 
(g) REPORTING OF INFORMATION AND RECOMMENDA-
TIONS.— 
(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 prop-
erties; and 
(B) other operational efficiencies that can 
be realized in the Government’s operation and 
maintenance of such properties. 
(2) SCHEDULE AND LIMITATIONS.— 
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(A) FIRST ROUND.—Not later than 2 years 
after the date of transmittal of the list of prop-
erties 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 re-
port, 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 subsection rec-
ommendations 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 
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report containing a detailed analysis of the recommenda-
tions 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 recommenda-
tions, the Director of OMB shall transmit to the Board and 
Congress a report that sets forth the Director of OMB’s ap-
proval or disapproval of the Board’s recommendations. 
(c) APPROVAL AND DISAPPROVAL.— 
(1) APPROVAL.—If the Director of OMB ap-
proves the Board’s recommendations, the Director of 
OMB shall transmit a copy of the recommendations 
to Congress, together with a certification of such ap-
proval. 
(2) DISAPPROVAL.—If the Director of OMB dis-
approves 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. 
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(3) REVISED
RECOMMENDATIONS.—Not later 
than 30 days after the receipt of reasons for dis-
approval under paragraph (2), the Board shall trans-
mit to the Director of OMB revised recommendations 
for approval. 
(4) 
APPROVAL
OF
REVISED
RECOMMENDA-
TIONS.—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 certifi-
cation 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 rec-
ommendations, as the case may be, the process shall termi-
nate 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 Direc-
tor of OMB transmits the Board’s recommenda-
tions to Congress pursuant to paragraph (1) or 
(4) of section 13(c), immediately begin prepara-
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tions to carry out the Board’s recommendations; 
and 
(B) not later than 2 years after such trans-
mittal, 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 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 eco-
nomically beneficial, cost neutral, or otherwise favor-
able 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 cir-
cumstance presents itself, with an estimated time to 
complete the relevant action. 
(b) ACTIONS OF FEDERAL AGENCIES RELATED TO CI-
VILIAN 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— 
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(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; 
(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, including 
legal authorities delegated to the Federal 
agency by the Administrator; or 
(ii) work in partnership with the Ad-
ministrator to carry out such actions. 
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(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 commer-
cial real estate services to carry out the Federal agen-
cy’s responsibilities pursuant to the recommendations. 
(d) DISCRETION
OF
ADMINISTRATOR
REGARDING 
TRANSACTIONS.—For any transaction identified, rec-
ommended, or commenced as a result of this Act, any other-
wise 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 exclusion 
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, consoli-
dation, reconfiguration, co-location, or realignment of civil-
ian real property under this Act shall not be subject to— 
(1) section 545(b)(8) of title 40, United States 
Code; 
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(2) sections 550, 553, and 554 of title 40, United 
States Code; 
(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 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 in-
formation on Federal civilian real properties that are 
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included in the recommendations (except those rec-
ommended under section 12(b)). 
(2) HUD TO REPORT TO BOARD.—Not later than 
30 days after the submission of information on Fed-
eral 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 re-
view 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 mis-
sion 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 rec-
ommendations if the Director determines that the 
property is suitable for use as a public park or recre-
ation 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 
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that have been identified in the Board’s report, 
as specified in section 12(g), and subject to para-
graph (2) and in compliance with CERCLA, in-
cluding section 120(h) of CERCLA (42 U.S.C. 
9620(h)), Federal agencies may enter into an 
agreement to transfer by deed, pursuant to sec-
tion 
120(h)(3) 
of 
that 
Act 
(42 
U.S.C. 
9620(h)(3)), civilian real property with any per-
son. 
(B) ADDITIONAL TERMS AND CONDITIONS.— 
The head of the disposing agency may require 
any additional terms and conditions in connec-
tion with an agreement authorized by subpara-
graph (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 sec-
tion 120(h) of CERCLA (including, without lim-
itation, 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 dis-
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posing 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 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 environ-
mental restoration, waste management, and en-
vironmental compliance activities with respect to 
such property exceed the fair market value of 
such property as specified in such certification; 
or 
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