(e)(1)(D), a disposal under paragraph (1) shall be 
exempt from the requirements of, as applicable— 
(A) section 501 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11411); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(C) division A of subtitle III of title 54, 
United States Code (formerly known as the 
‘‘National Historic Preservation Act’’); and 
(D) chapters 5 and 87 of title 40, United 
States Code. 
(5) PROHIBITION ON FOREIGN OWNERSHIP.— 
(A) DEFINITIONS.—In this paragraph, the 
terms ‘‘beneficial owner’’, ‘‘foreign entity’’, and 
‘‘foreign person’’ have the meanings given those 
terms in section 2 of the Secure Federal 
LEASEs Act (40 U.S.C. 585 note; Public Law 
116–276). 
(B) PROHIBITION.—In conducting a dis-
posal required under paragraph (1), the Admin-
istrator may not sell any Federal building de-
scribed in that paragraph to, or enter into a 
ground lease with, any foreign person, any for-
eign entity, or any entity of which a foreign 
person is a beneficial owner. 
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(b) RELOCATING FEDERAL AGENCIES.— 
(1) DISCRETION OF ADMINISTRATOR.—Subject 
to the conditions described in this subsection, the 
Administrator is vested with the sole and absolute 
authority and discretion to select the area, site, or 
location for any Federal agency relocated from a 
Federal building described in subsection (a)(1). 
(2) CONSULTATION WITH THE FEDERAL AGEN-
CY.—The Administrator shall— 
(A) consult with the head of a Federal 
agency relocated from a Federal building de-
scribed in subsection (a)(1); and 
(B) take into consideration the mission-re-
lated need of that Federal agency to relocate to 
a specific geographic location. 
(3) PROHIBITION ON BUILD-TO-SUIT LEASES.— 
The Administrator shall not enter into a ‘‘build-to- 
suit’’ lease where the Administrator contracts with a 
developer, person, or any other entity to design and 
construct a new building specifically to meet the 
unique requirements of a Federal agency relocated 
from a Federal building described in subsection 
(a)(1). 
(4) ADVANCE NOTICE.—Not later than 30 days 
before the date on which the Administrator publicly 
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announces the relocation of a Federal agency to a lo-
cation outside of the District of Columbia, the Ad-
ministrator shall provide to the Committee on Envi-
ronment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives notice of that an-
nouncement. 
(5) EXEMPTIONS.—Actions taken by the Ad-
ministrator and funds made available to the Admin-
istrator to carry out this subsection shall not be sub-
ject to— 
(A) section 3307 of title 40, United States 
Code; or 
(B) chapter 33 of title 41, United States 
Code (commonly known as the ‘‘Competition in 
Contracting Act’’). 
(c) NET PROCEEDS.— 
(1) IN GENERAL.—Of the net proceeds received 
from a disposal required under subsection (a)(1)— 
(A) such amount as may be required to 
implement this section (including the costs re-
quired to relocate a Federal agency from a Fed-
eral building described in subsection (a)(1)), as 
determined by the Administrator, shall be de-
posited into an account in the Federal Build-
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ings Fund established by section 592(a) of title 
40, United States Code (referred to in this sub-
section as the ‘‘Fund’’); and 
(B) any additional amounts after the de-
posit required under subparagraph (A) shall be 
deposited into the general fund of the Treasury 
for purposes of reducing the deficit. 
(2) FUTURE
APPROPRIATION.—On deposit of 
amounts into the Fund under paragraph (1)(A), 
those amounts may be expended only subject to a 
specific future appropriation. 
(d) PRECLUSION OF JUDICIAL REVIEW.—Any action 
taken by the Administrator to carry out this section shall 
not be subject to judicial review, including under— 
(1) subchapter V of chapter 35 of title 31, 
United States Code; and 
(2) subchapter II of chapter 5, and chapter 7, 
of title 5, United States Code (commonly known as 
the ‘‘Administrative Procedure Act’’). 
(e) MISCELLANEOUS PROVISIONS.— 
(1) ADDITIONAL FEDERAL BUILDINGS TO BE 
DISPOSED.— 
(A) IN GENERAL.—On providing 30 days 
advance notice to the Committee on Environ-
ment and Public Works of the Senate and the 
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Committee on Transportation and Infrastruc-
ture of the House of Representatives, and sub-
ject to subparagraphs (C) and (E), the Admin-
istrator may include additional Federal build-
ings described in subparagraph (B) to the list 
of Federal buildings described in subsection 
(a)(1) that are required to be disposed of pur-
suant to that subsection. 
(B) FEDERAL BUILDINGS DESCRIBED.—A 
Federal building referred to in subparagraphs 
(A) and (D) is any Federal building— 
(i) under the jurisdiction, custody, 
and control of the Administrator; and 
(ii) that has a utilization below 60 
percent, on average, over the 1-year period 
preceding the date on which the Adminis-
trator provides notice of the disposal of the 
Federal building pursuant to subparagraph 
(A). 
(C) LIMITATION.—In modifying the list of 
Federal buildings to be disposed of under sub-
paragraph (A), the Administrator may not add 
more than 20 additional Federal buildings each 
calendar year. 
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