[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4465 Enrolled Bill (ENR)]
H.R.4465
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To decrease the deficit by consolidating and selling Federal buildings
and other civilian real property, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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The purpose of this Act is to reduce the costs of Federal real
estate by--
(1) consolidating the footprint of Federal buildings and
facilities;
(2) maximizing the utilization rate of Federal buildings and
facilities;
(3) reducing the reliance on leased space;
(4) selling or redeveloping high value assets that are
underutilized to obtain the highest and best value for the taxpayer
and maximize the return to the taxpayer;
(5) reducing the operating and maintenance costs of Federal
civilian real properties;
(6) reducing redundancy, overlap, and costs associated with
field offices;
(7) creating incentives for Federal agencies to achieve greater
efficiency in their inventories of civilian real property;
(8) facilitating and expediting the sale or disposal of
unneeded Federal civilian real properties;
(9) improving the efficiency of real property transfers for the
provision of services to the homeless; and
(10) assisting Federal agencies in achieving the Government's
sustainability goals by reducing excess space, inventory, and
energy consumption, as well as by leveraging new technologies.

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In this Act, unless otherwise expressly stated, the following
definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Public Buildings
Reform Board established by section 4.
(3) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
(4) Federal agency.--The term ``Federal agency'' means an
executive department or independent establishment in the executive
branch of the Government, and a wholly owned Government
corporation.
(5) Federal civilian real property and civilian real
property.--
(A) In general.--The terms ``Federal civilian real
property'' and ``civilian real property'' refer to Federal real
property assets, including public buildings as defined in
section 3301(a) of title 40, United States Code, occupied and
improved grounds, leased space, or other physical structures
under the custody and control of any Federal agency.
(B) Exclusions.--Subparagraph (A) shall not be construed as
including any of the following types of property:
(i) Properties that are on military installations
(including any fort, camp, post, naval training station,
airfield proving ground, military supply depot, military
school, or any similar facility of the Department of
Defense).
(ii) A base, camp, post, station, yard, center, or
homeport facility for any ship or activity under the
jurisdiction of the Coast Guard.
(iii) Properties that are excluded for reasons of
national security by the Director of the Office of
Management and Budget.
(iv) Properties that are excepted from the definition
of the term ``property'' under section 102 of title 40,
United States Code.
(v) Indian and Native Alaskan properties, including--
(I) any property within the limits of an Indian
reservation to which the United States owns title for
the benefit of an Indian tribe; and
(II) any property title that is held in trust by
the United States for the benefit of an Indian tribe or
individual or held by an Indian tribe or individual
subject to restriction by the United States against
alienation.
(vi) Properties operated and maintained by the
Tennessee Valley Authority pursuant to the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831 et seq.).
(vii) Postal properties owned by the United States
Postal Service.
(viii) Properties used in connection with Federal
programs for agricultural, recreational, or conservation
purposes, including research in connection with the
programs.
(ix) Properties used in connection with river, harbor,
flood control, reclamation, or power projects.
(x) Properties located outside the United States
operated or maintained by the Department of State or the
United States Agency for International Development.
(6) Field office.--The term ``field office'' means any Federal
office that is not the headquarters office location for the Federal
agency.
(7) HUD.--The term ``HUD'' means the Department of Housing and
Urban Development.
(8) OMB.--The term ``OMB'' means the Office of Management and
Budget.
(9) Value of transactions.--The term ``value of transactions''
means the sum of the estimated proceeds and estimated costs, based
on the accounting system developed or identified under section
12(e), associated with the transactions included in Board
recommendations.

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(a) Establishment.--There is established an independent board to be
known as the Public Buildings Reform Board.
(b) Duties.--The Board shall carry out the duties as specified in
this Act.
(c) Membership.--
(1) In general.--The Board shall be composed of a Chairperson
appointed by the President, by and with the advice and consent of
the Senate, and six members appointed by the President.
(2) Appointments.--In selecting individuals for appointments to
the Board, the President shall consult with--
(A) the Speaker of the House of Representatives concerning
the appointment of two members;
(B) the majority leader of the Senate concerning the
appointment of two members;
(C) the minority leader of the House of Representatives
concerning the appointment of one member; and
(D) the minority leader of the Senate concerning the
appointment of one member.
(3) Terms.--The term for each member of the Board shall be 6
years.
(4) Vacancies.--Vacancies shall be filled in the same manner as
the original appointment.
(5) Qualifications.--In selecting individuals for appointment
to the Board, the President shall ensure that the Board contains
individuals with expertise representative of the following:
(A) Commercial real estate and redevelopment.
(B) Space optimization and utilization.
(C) Community development, including transportation and
planning.

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(a) Open Meetings.--Each meeting of the Board, other than meetings
in which classified information is to be discussed, shall be open to
the public. Any open meeting shall be announced in the Federal Register
and the Federal Web site established by the Board at least 14 calendar
days in advance of a meeting. For all public meetings, the Board shall
release an agenda and a listing of materials relevant to the topics to
be discussed.
(b) Quorum and Meetings.--Five Board members shall constitute a
quorum for the purposes of conducting business and three or more Board
members shall constitute a meeting of the Board.
(c) Transparency of Information.--All the proceedings, information,
and deliberations of the Board shall be open, upon request, to the
Chairperson and ranking minority party member, and their respective
subcommittee Chairperson and subcommittee ranking minority party
member, of--
(1) the Committee on Transportation and Infrastructure of the
House of Representatives;
(2) the Committee on Oversight and Government Reform of the
House of Representatives;
(3) the Committee on Homeland Security and Governmental Affairs
of the Senate;
(4) the Committee on Environment and Public Works of the
Senate; and
(5) the Committees on Appropriations of the House of
Representatives and the Senate.
(d) Government Accountability Office.--All proceedings,
information, and deliberations of the Board shall be open, upon
request, to the Comptroller General of the United States.

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(a) Compensation.--
(1) Rate of pay for members.--Each member, other than the
Chairperson, shall be paid at a rate equal to the daily equivalent
of the minimum annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the member
is engaged in the actual performance of duties vested in the Board.
(2) Rate of pay for chairperson.--The Chairperson shall be paid
for each day referred to in paragraph (1) at a rate equal to the
daily equivalent of the minimum annual rate of basic pay payable
for level III of the Executive Schedule under section 5314 of title
5, United States Code.
(b) Travel.--Members shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.

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(a) Appointment.--The Board shall appoint an Executive Director,
who may be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service.
(b) Rate of Pay.--The Executive Director shall be paid at the rate
of basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.

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(a) Additional Personnel.--Subject to subsection (b), the Executive
Director may request additional personnel detailed from Federal
agencies.
(b) Requests for Detail Employees.--Upon request of the Executive
Director and approval of the Board and the Director of OMB, the head of
any Federal agency shall detail the requested personnel of that agency
to the Board to assist the Board in carrying out its duties under this
Act.
(c) Qualifications.--Appointments shall be made with consideration
of a balance of expertise consistent with the qualifications of
representatives described in section 4(c)(5).

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(a) Experts and Consultants.--The Board, to the extent practicable
and subject to appropriations Acts, shall use contracts, including
nonappropriated contracts, entered into by the Administrator for
services necessary to carry out the duties of the Board.
(b) Office Space.--The Administrator, in consultation with the
Board, shall identify and provide, without charge, suitable office
space within the existing Federal space inventory to house the
operations of the Board.
(c) Personal Property.--The Board shall use personal property
already in the custody and control of the Administrator.

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The Board shall cease operations and terminate 6 years after the
date of enactment of this Act.

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(a) Submissions of Agency Information and Recommendations.--Not
later than 120 days after the date of enactment of this Act, and not
later than 120 days after the first day of each fiscal year thereafter
until the termination of the Board, the head of each Federal agency
shall submit to the Administrator and the Director of OMB the
following:
(1) Current data.--Current data of all Federal civilian real
properties owned, leased, or controlled by the agency, including
all relevant information prescribed by the Administrator and the
Director of OMB, including data related to the age and condition of
the property, operating costs, history of capital expenditures,
sustainability metrics, number of Federal employees and functions
housed in the respective property, and square footage (including
gross, rentable, and usable).
(2) Agency recommendations.--Recommendations of the agency on
the following:
(A) Federal civilian real properties that can be sold for
proceeds or otherwise disposed of, reported as excess, declared
surplus, outleased, or otherwise no longer meeting the needs of
the agency, excluding leasebacks or other such exchange
agreements where the property continues to be used by the
agency.
(B) Federal civilian real properties that can be
transferred, exchanged, consolidated, co-located, reconfigured,
or redeveloped, so as to reduce the civilian real property
inventory, reduce the operating costs of the Government, and
create the highest value and return for the taxpayer.
(C) Operational efficiencies that the Government can
realize in its operation and maintenance of Federal civilian
real properties.
(b) Standards and Criteria.--
(1) Development of standards and criteria.--Not later than 60
days after the deadline for submissions of agency recommendations
under subsection (a), the Director of OMB, in consultation with the
Administrator, shall--
(A) review the agency recommendations;
(B) develop consistent standards and criteria against which
the agency recommendations will be reviewed; and
(C) submit to the Board the recommendations developed
pursuant to paragraph (2).
(2) Recommendations to board.--The Director of OMB and the
Administrator shall jointly develop recommendations to the Board
based on the standards and criteria developed under paragraph (1).
(3) Factors.--In developing the standards and criteria under
paragraph (1), the Director of OMB, in consultation with the
Administrator, shall incorporate the following factors:
(A) The extent to which the civilian real property could be
sold (including property that is no longer meeting the needs of
the Government), redeveloped, outleased, or otherwise used to
produce the highest and best value and return for the taxpayer.
(B) The extent to which the operating and maintenance costs
are reduced through consolidating, co-locating, and
reconfiguring space, and through realizing other operational
efficiencies.
(C) The extent to which the utilization rate is being
maximized and is consistent with non-governmental industry
standards for the given function or operation.
(D) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the proposed recommendation.
(E) The extent to which reliance on leasing for long-term
space needs is reduced.
(F) The extent to which a civilian real property aligns
with the current mission of the Federal agency.
(G) The extent to which there are opportunities to
consolidate similar operations across multiple agencies or
within agencies.
(H) The economic impact on existing communities in the
vicinity of the civilian real property.
(I) The extent to which energy consumption is reduced.
(J) The extent to which public access to agency services is
maintained or enhanced.
(c) Special Rule for Utilization Rates.--Standards developed by the
Director of OMB pursuant to subsection (b) shall incorporate and apply
clear standard utilization rates to the extent that such standard rates
increase efficiency and provide performance data. The utilization rates
shall be consistent throughout each applicable category of space and
with nongovernment space utilization rates. To the extent the space
utilization rate of a given agency exceeds the utilization rates to be
applied under this subsection, the Director of OMB may recommend
realignment, co-location, consolidation, or other type of action to
improve space utilization.
(d) Submission to Board.--
(1) In general.--The Director of OMB shall submit the
standards, criteria, and recommendations developed pursuant to
subsection (b) to the Board with all supporting information, data,
analyses, and documentation.
(2) Publication.--The standards, criteria, and recommendations
developed pursuant to subsection (b) shall be published in the
Federal Register and transmitted to the committees listed in
section 5(c) and to the Comptroller General of the United States.
(3) Access to information.--The Board shall also have access to
all information pertaining to the recommendations developed
pursuant to subsection (b), including supporting information, data,
analyses, and documentation submitted pursuant to subsection (a).
Upon request, a Federal agency shall provide to the Board any
additional information pertaining to the civilian real properties
under the custody, control, or administrative jurisdiction of the
Federal agency. The Board shall notify the committees listed in
section 5(c) of any failure by an agency to comply with a request
of the Board.

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(a) Identification of Property Reduction Opportunities.--The Board
shall identify opportunities for the Government to reduce significantly
its inventory of civilian real property and reduce costs to the
Government.
(b) Identification of High Value Assets.--
(1) Identification of certain properties.--Not later than 180
days after Board members are appointed pursuant to section 4, the
Board shall--
(A) identify not fewer than five Federal civilian real
properties that are not on the list of surplus or excess as of
such date with a total fair market value of not less than
$500,000,000 and not more than $750,000,000; and
(B) transmit the list of the Federal civilian real
properties to the Director of OMB and Congress as Board
recommendations and subject to the approval process described
in section 13.
(2) Information and data.--In order to meet the goal
established under paragraph (1), each Federal agency shall provide,
upon request, any and all information and data regarding its
civilian real properties to the Board. The Board shall notify the
committees listed in section 5(c) of any failure by an agency to
comply with a request of the Board.
(3) Factors.--In identifying properties pursuant to paragraph
(1), the Board shall consider the factors listed in section
11(b)(3).
(4) Leaseback restrictions.--None of the existing improvements
on properties sold under this subsection may be leased back to the
Government.
(5) Report of excess.--Not later than 60 days after the
approval of Board recommendations pursuant to paragraph (1),
Federal agencies with custody, control, or administrative
jurisdiction over the identified properties shall submit a Report
of Excess to the General Services Administration.
(6) Sale.--
(A) Initiation of sale.--Not later than 120 days after the
acceptance by the Administrator of the Report of Excess and
notwithstanding any other provision of law (including section
501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411), but except as provided in section 14(g)), the General
Services Administration shall initiate the sale of the civilian
real properties described in paragraph (1).
(B) Completion of sale.--Not later than 1 year after the
acceptance of the Report of Excess, the Administrator shall
sell the civilian real properties at fair market value at
highest and best use, unless the Director of OMB determines it
is in the financial interest of the Government to execute a
sale more than a year after the acceptance of the Report of
Excess, but not greater than 2 years after the acceptance of
the Report of Excess.
(c) Analysis of Inventory.--The Board shall perform an independent
analysis of the inventory of Federal civilian real property and the
recommendations submitted pursuant to section 11. The Board shall not
be bound or limited by the recommendations submitted pursuant to

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needed information, data, or adequate recommendations that meet the
standards and criteria, the Board shall develop such recommendations as
the Board considers appropriate based on existing data contained in the
Federal Real Property Profile or other relevant information.
(d) Information and Proposals.--
(1) Receipt.--Notwithstanding any other provision of law, the
Board may receive and consider proposals, information, and other
data submitted by State and local officials and the private sector.
(2) Consultation.--The Board shall consult with State and local
officials on information, proposals, and other data that the
officials submit to the Board.
(3) Availability.--Information submitted to the Board shall be
made publicly available.
(e) Accounting System.--Not later than 120 days after the date of
enactment of this Act, the Board shall identify or develop and
implement a system of accounting to be used to independently evaluate
the costs of and returns on the recommendations. Such accounting system
shall be applied in developing the Board's recommendations and
determining the highest return to the taxpayer. In applying the
accounting system, the Board shall set a standard performance period of
not less than 15 years.
(f) Public Hearing.--The Board shall conduct public hearings. All
testimony before the Board at a public hearing under this subsection
shall be presented under oath.
(g) Reporting of Information and Recommendations.--
(1) In general.--Subject to the schedule and limitations
specified in paragraph (2), the Board shall transmit to the
Director of OMB, and publicly post on a Federal Web site maintained
by the Board, reports containing the Board's findings, conclusions,
and recommendations for--
(A) the consolidation, exchange, co-location,
reconfiguration, lease reductions, sale, outlease, and
redevelopment of Federal civilian real properties; and
(B) other operational efficiencies that can be realized in
the Government's operation and maintenance of such properties.
(2) Schedule and limitations.--
(A) First round.--Not later than 2 years after the date of
transmittal of the list of properties recommended pursuant to
subsection (b), the Board shall transmit to the Director of OMB
the first report required under paragraph (1). The total value
of transactions contained in the first report may not exceed
$2,500,000,000.
(B) Second round.--Not earlier than 3 years after the date
of transmittal of the first report, the Board shall transmit to
the Director of OMB the second report required under paragraph
(1). The total value of transactions contained in the second
report may not exceed $4,750,000,000.
(3) Consensus in majority.--The Board shall seek to develop
consensus recommendations, but if a consensus cannot be obtained,
the Board may include in the reports required under this subsection
recommendations that are supported by a majority of the Board.
(h) Federal Web Site.--The Board shall establish and maintain a
Federal Web site for the purposes of making relevant information
publicly available.
(i) Review by GAO.--The Comptroller General of the United States
shall transmit to Congress and the Board a report containing a detailed
analysis of the recommendations and selection process.

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(a) Review of Recommendations.--Upon receipt of the Board's
recommendations pursuant to subsections (b) and (g) of section 12, the
Director of OMB shall conduct a review of the recommendations.
(b) Report to Board and Congress.--Not later than 30 days after the
receipt of the Board's recommendations, the Director of OMB shall
transmit to the Board and Congress a report that sets forth the
Director of OMB's approval or disapproval of the Board's
recommendations.
(c) Approval and Disapproval.--
(1) Approval.--If the Director of OMB approves the Board's
recommendations, the Director of OMB shall transmit a copy of the
recommendations to Congress, together with a certification of such
approval.
(2) Disapproval.--If the Director of OMB disapproves the
Board's recommendations, in whole or in part, the Director of OMB
shall transmit a copy of the recommendations to Congress and the
reasons for disapproval of the recommendations to the Board and
Congress.
(3) Revised recommendations.--Not later than 30 days after the
receipt of reasons for disapproval under paragraph (2), the Board
shall transmit to the Director of OMB revised recommendations for
approval.
(4) Approval of revised recommendations.--If the Director of
OMB approves the revised recommendations received under paragraph
(3), the Director of OMB shall transmit a copy of the revised
recommendations to Congress, together with a certification of such
approval.
(d) Termination of Process for Given Round.--If the Director of OMB
does not transmit to Congress an approval and certification described
in paragraph (1) or (4) of subsection (c) on or before the 30th day
following the receipt of the Board's recommendations or revised
recommendations, as the case may be, the process shall terminate until
the following round, as described in section 12.

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(a) Deadlines.--
(1) Preparation.--Federal agencies shall--
(A) not later than 60 days after the Director of OMB
transmits the Board's recommendations to Congress pursuant to
paragraph (1) or (4) of section 13(c), immediately begin
preparations to carry out the Board's recommendations; and
(B) not later than 2 years after such transmittal, initiate
all activities necessary to carry out the Board's
recommendations.
(2) Completion.--Not later than 6 years after the Director of
OMB transmits the Board's recommendations to Congress pursuant to
paragraph (1) or (4) of section 13(c), Federal agencies shall
complete all recommended actions. All actions shall be economically
beneficial, cost neutral, or otherwise favorable to the Government.
(3) Extenuating circumstances.--For actions that will take
longer than the 6-year period described in paragraph (2) due to
extenuating circumstances, Federal agencies shall notify the
Director of OMB and Congress, as soon as the extenuating
circumstance presents itself, with an estimated time to complete
the relevant action.
(b) Actions of Federal Agencies Related to Civilian Real
Properties.--In taking actions related to any civilian real property
under this Act, Federal agencies may take, pursuant to subsection (c),
all such necessary and proper actions, including--
(1) acquiring land, constructing replacement facilities,
performing such other activities, and conducting advance planning
and design as may be required to transfer functions from a Federal
asset or property to another Federal civilian property;
(2) reimbursing other Federal agencies for actions performed at
the request of the Board; and
(3) taking such actions as are practicable to maximize the
value of Federal civilian real property to be sold by clarifying
zoning and other limitations on use of such property.
(c) Actions of Federal Agencies To Implement Board
Recommendations.--
(1) Use of existing legal authorities.--
(A) In general.--Except as provided in paragraph (2), when
acting on a recommendation of the Board, a Federal agency
shall--
(i) in consultation with the Administrator, continue to
act within the Federal agency's existing legal authorities,
including legal authorities delegated to the Federal agency
by the Administrator; or
(ii) work in partnership with the Administrator to
carry out such actions.
(B) Necessary and proper actions.--The Administrator may
take such necessary and proper actions, including the sale,
conveyance, or exchange of civilian real property, as required
to implement the Board's recommendations in the time period
required under subsection (a).
(2) Experts.--A Federal agency may enter into no cost,
nonappropriated contracts for expert commercial real estate
services to carry out the Federal agency's responsibilities
pursuant to the recommendations.
(d) Discretion of Administrator Regarding Transactions.--For any
transaction identified, recommended, or commenced as a result of this
Act, any otherwise required legal priority given to, or requirement to
enter into, a transaction to convey a Federal civilian real property
for less than fair market value, for no consideration at all, or in a
transaction that mandates the exclusion of other market participants,
shall be at the discretion of the Administrator.
(e) Relationship to Other Laws.--Any recommendation or commencement
of a sale, disposal, consolidation, reconfiguration, co-location, or
realignment of civilian real property under this Act shall not be
subject to--
(1) section 545(b)(8) of title 40, United States Code;
(2) sections 550, 553, and 554 of title 40, United States Code;
(3) any section of the Act entitled ``An Act Authorizing the
transfer of certain real property for wildlife, or other purposes''
(16 U.S.C. 667b);
(4) section 47151 of title 49, United States Code;
(5) sections 107 and 317 of title 23, United States Code;
(6) section 1304(b) of title 40, United States Code;
(7) section 13(d) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(d));
(8) any other provision of law authorizing the conveyance of
real property owned by the Government for no consideration; and
(9) any congressional notification requirement other than that
in section 545 of title 40, United States Code.
(f) Public Benefit.--
(1) Submission of information to hud.--The Director of OMB
shall submit to the Secretary of HUD, on the same day the Director
of OMB submits the Board's recommendations to Congress pursuant to
paragraphs (1) and (4) of section 13(c), all known information on
Federal civilian real properties that are included in the
recommendations (except those recommended under section 12(b)).
(2) HUD to report to board.--Not later than 30 days after the
submission of information on Federal properties under paragraph
(1), the Secretary shall identify any suitable civilian real
properties for use as a property benefiting the mission of
assistance to the homeless for the purposes of further screening
pursuant to section 501 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411).
(3) Additional authority.--Following the review under paragraph
(2), with respect to a civilian real property that is not
identified by the Secretary as suitable for use as a property
benefiting the mission of assistance to the homeless and that has
been recommended for sale by the Board, the Director of OMB may
exclude the property from the Board's recommendations if the
Director determines that the property is suitable for use as a
public park or recreation area by a State or local government and
it is in the best interest of taxpayers.
(g) Environmental Considerations.--
(1) Transfers of real property.--
(A) In general.--When implementing the recommended actions
for civilian real properties that have been identified in the
Board's report, as specified in section 12(g), and subject to
paragraph (2) and in compliance with CERCLA, including section
120(h) of CERCLA (42 U.S.C. 9620(h)), Federal agencies may
enter into an agreement to transfer by deed, pursuant to
section 120(h)(3) of that Act (42 U.S.C. 9620(h)(3)), civilian
real property with any person.
(B) Additional terms and conditions.--The head of the
disposing agency may require any additional terms and
conditions in connection with an agreement authorized by
subparagraph (A) as the head of the disposing agency considers
appropriate to protect the interests of the United States. Such
additional terms and conditions shall not affect or diminish
any rights or obligations of the Federal agencies under section
120(h) of CERCLA (including, without limitation, the
requirements of subsections (h)(3)(A) and (h)(3)(C)(iv) of that
section).
(2) Certification concerning costs.--A transfer of Federal
civilian real property may be made under paragraph (1) only if the
head of the disposing agency certifies to the Board and Congress
that--
(A) the costs of all environmental restoration, waste
management, and environmental compliance activities otherwise
to be paid by the disposing agency with respect to the property
are equal to or greater than the fair market value of the
property to be transferred, as determined by the head of the
disposing agency; or
(B) if such costs are lower than the fair market value of
the property, the recipient of the property agrees to pay the
difference between the fair market value and such costs.
(3) Payments to recipients.--In the case of a civilian real
property covered by a certification under paragraph (2)(A), the
disposing agency may pay the recipient of such property an amount
equal to the lesser of--
(A) the amount by which the costs incurred by the recipient
of such property for all environmental restoration, waste
management, and environmental compliance activities with
respect to such property exceed the fair market value of such
property as specified in such certification; or
(B) the amount by which the costs (as determined by the
head of the disposing agency) that would otherwise have been
incurred by the Secretary for such restoration, waste
management, and environmental compliance activities with
respect to such property exceed the fair market value of such
property as so specified.
(4) Information to be provided to recipients.--As part of an
agreement under paragraph (1), the head of the disposing agency
shall disclose, in accordance with applicable law, to the person to
whom the civilian real property will be transferred information
possessed by the disposing agency regarding the environmental
restoration, waste management, and environmental compliance
activities that relate to the property. The head of the disposing
agency shall provide such information before entering into the
agreement.
(5) Consideration of environmental remediation in granting time
extensions.--For the purposes of granting time extensions under
subsection (a), the Director of OMB shall give the need for
significant environmental remediation to a civilian real property
more weight than any other factor in determining whether to grant
an extension to implement a Board recommendation.
(6) Limitation on statutory construction.--Nothing in this Act
may be construed to modify, alter, or amend CERCLA, the National
Environmental Policy Act of 1969, or the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.).

60afefff1b6548af91efff7d4b2897557b153597fda527e8c9fd80ec4fbc1d6d

There is authorized to be appropriated to carry out this Act an
initial appropriation of--
(1) $2,000,000 for salaries and expenses of the Board; and
(2) $40,000,000 to be deposited into the Asset Proceeds and
Space Management Fund for activities related to the implementation
of the Board's recommendations.

044f9d9aac4183eb509f371f71d47b95c8d8725ae692788ad88539659cfd1ce6

(a) Salaries and Expenses Account.--
(1) Establishment.--There is established in the Treasury of the
United States an account to be known as the ``Public Buildings
Reform Board Salaries and Expenses Account'' (in this subsection
referred to as the ``Account'').
(2) Necessary payments.--There shall be deposited into the
Account such amounts, as are provided in appropriations Acts, for
those necessary payments for salaries and expenses to accomplish
the administrative needs of the Board.
(b) Asset Proceeds and Space Management Fund.--
(1) Establishment.--There is established within the Federal
Buildings Fund established under section 592 of title 40, United
States Code, an account to be known as the Public Buildings Reform
Board--Asset Proceeds and Space Management Fund (in this subsection
referred to as the ``Fund'').
(2) Use of amounts.--Amounts in the Fund shall be used solely
for the purposes of carrying out actions pursuant to the Board
recommendations approved under section 13.
(3) Deposits.--The following amounts shall be deposited into
the Fund and made available for obligation or expenditure only as
provided in advance in appropriations Acts (subject to section 3307
of title 40, United States Code, to the extent an appropriation
normally covered by that section exceeds $20,000,000) for the
purposes specified:
(A) Such amounts as are provided in appropriations Acts, to
remain available until expended, for the consolidation, co-
location, exchange, redevelopment, reconfiguration of space,
disposal, and other actions recommended by the Board for
Federal agencies.
(B) Amounts received from the sale of any civilian real
property action taken pursuant to a recommendation of the
Board.
(4) Use of amounts to cover costs.--As provided in
appropriations Acts, amounts in the Fund may be made available to
cover necessary costs associated with implementing the
recommendations pursuant to section 14, including costs associated
with--
(A) sales transactions;
(B) acquiring land, construction, constructing replacement
facilities, and conducting advance planning and design as may
be required to transfer functions from a Federal asset or
property to another Federal civilian property;
(C) co-location, redevelopment, disposal, and
reconfiguration of space; and
(D) other actions recommended by the Board for Federal
agencies.
(c) Additional Requirement for Budget Contents.--The President
shall transmit along with the President's budget submitted pursuant to
section 1105 of title 31, United States Code, an estimate of proceeds
that are the result of the Board's recommendations and the obligations
and expenditures needed to support such recommendations.

9e7296f4459246126902dfd67d7ae8c65c936cdb761d2366c064dde9e38c0d1f

Section 3307(b) of title 40, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a statement of how the proposed project is consistent
with the standards and criteria developed under section 11(b) of
the Federal Assets Sale and Transfer Act of 2016.''.

82757a72c7027769ce911a59d76d230a7b810b54eb64dc415ab4a2d4cab5de0f

The following actions shall not be subject to judicial review:
(1) Actions taken pursuant to sections 12 and 13.
(2) Actions of the Board.

49fa3fdb1b0143795345e431450913fc2ded158b3f8fe21615bc0d5a3ec56310

Upon transmittal of the Board's recommendations from the Director
of OMB to Congress under section 13, the Comptroller General of the
United States at least annually shall monitor and review the
implementation activities of Federal agencies pursuant to section 14,
and report to Congress any findings and recommendations.

947c3a3ab7a33b1e16b83bc3f1db13632224b94957661d6f721da16391cde66f

(a) In General.--Section 571 of title 40, United States Code, is
amended by striking subsections (a) and (b) and inserting the
following:
``(a) Proceeds From Transfer or Sale of Real Property.--
``(1) Deposit of net proceeds.--Net proceeds described in
subsection (c) shall be deposited into the appropriate real
property account of the agency that had custody and accountability
for the real property at the time the real property is determined
to be excess.
``(2) Expenditure of net proceeds.--The net proceeds deposited
pursuant to paragraph (1) may only be expended, as authorized in
annual appropriations Acts, for activities described in sections
543 and 545, including paying costs incurred by the General
Services Administration for any disposal-related activity
authorized by this chapter.
``(3) Deficit reduction.--Any net proceeds described in
subsection (c) from the sale, lease, or other disposition of
surplus real property that are not expended under paragraph (2)
shall be used for deficit reduction. Any net proceeds not obligated
within 3 years after the date of deposit and not expended within 5
years after such date shall be deposited as miscellaneous receipts
in the Treasury.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574.
``(c) Net Proceeds.--The net proceeds described in this subsection
are proceeds under this chapter, less expenses of the transfer or
disposition as provided in section 572(a), from a--
``(1) transfer of excess real property to a Federal agency for
agency use; or
``(2) sale, lease, or other disposition of surplus real
property.''.
(b) Effective Date.--The provisions of this section, including the
amendments made by this section, shall take effect upon the termination
of the Board pursuant to section 10 and shall not apply to proceeds
from transactions conducted under section 14.

95d2affb70e73d439c263d66ce50805a801f9c32f797fd87583422397f5d93f3

(a) Database Required.--Not later than 1 year after the date of
enactment of this section, the Administrator of General Services shall
publish a single, comprehensive, and descriptive database of all
Federal real property under the custody and control of all executive
agencies, other than Federal real property excluded for reasons of
national security, in accordance with subsection (b).
(b) Required Information for Database.--The Administrator shall
collect from the head of each executive agency descriptive information,
except for classified information, of the nature, use, and extent of
the Federal real property of each such agency, including the following:
(1) The geographic location of each Federal real property of
each such agency, including the address and description for each
such property.
(2) The total size of each Federal real property of each such
agency, including square footage and acreage of each such property.
(3) Whether the Federal real property is currently, or will in
the future be, needed to support agency's mission or function.
(4) The utilization of each Federal real property for each such
agency, including whether such property is excess, surplus,
underutilized, or unutilized.
(5) The number of days each Federal real property is designated
as excess, surplus, underutilized, or unutilized.
(6) The annual operating costs of each Federal real property.
(7) The replacement value of each Federal real property.
(c) Access to Database.--
(1) Federal agencies.--The Administrator, in consultation with
the Director of OMB, shall make the database established and
maintained under this section available to other Federal agencies.
(2) Public access.--To the extent consistent with national
security and procurement laws, the database shall be accessible by
the public at no cost through the Web site of the General Services
Administration.
(d) Transparency of Database.--To the extent practicable, the
Administrator shall ensure that the database--
(1) uses an open, machine-readable format;
(2) permits users to search and sort Federal real property
data; and
(3) includes a means to download a large amount of Federal real
property data and a selection of such data retrieved using a
search.
(e) Applicability.--Nothing in this section may be construed to
require an agency to make available to the public information that is
exempt from disclosure pursuant to section 552(b) of title 5, United
States Code.

deffbf5014cb3bbfbf245d726942d8bc4a74bfde7d5ddb273ebaeded5de18f90

Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) in subsection (b)(2)--
(A) by striking ``(2)(A)'' and inserting ``(2)'';
(B) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(C) in subparagraph (A) (as so redesignated) by striking
``and'' at the end;
(D) in subparagraph (B) (as so redesignated) by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(C) in the case of surplus property, the provision of
permanent housing with or without supportive services is an
eligible use to assist the homeless under this section.'';
(2) in subsection (c)(1)(A) by striking ``in the Federal
Register'' and inserting ``on the Web site of the Department of
Housing and Urban Development or the General Services
Administration'';
(3) in subsection (d)--
(A) in paragraph (1) by striking ``period of 60 days'' and
inserting ``period of 30 days'';
(B) in paragraphs (2) and (4) by striking ``60-day period''
and inserting ``30-day period''; and
(C) in paragraph (3) by adding at the end the following:
``If no such review of the determination is requested within
the 20-day period, such property will not be included in
subsequent publications unless the landholding agency makes
changes to the property (e.g. improvements) that may change the
unsuitable determination and the Secretary subsequently
determines the property is suitable.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``(2)'' and inserting ``(2)(A)'';
(ii) in subparagraph (A) (as so designated)--
(I) by striking ``90 days'' and inserting ``75
days''; and
(II) by striking ``a complete application'' and
inserting ``an initial application''; and
(iii) by adding at the end the following:
``(B) An initial application shall set forth--
``(i) the services that will be offered;
``(ii) the need for the services; and
``(iii) the experience of the applicant that demonstrates the
ability to provide the services.'';
(B) in paragraph (3) by striking ``25 days after receipt of
a completed application'' and inserting ``10 days after receipt
of an initial application''; and
(C) by adding at the end the following:
``(4) If the Secretary of Health and Human Services approves an
initial application, the applicant has 45 days in which to provide a
final application that sets forth a reasonable plan to finance the
approved program.
``(5) No later than 15 days after receipt of the final application,
the Secretary of Health and Human Services shall review, make a final
determination, and complete all actions on the final application. The
Secretary of Health and Human Services shall maintain a public record
of all actions taken in response to an application.''; and
(5) in subsection (f)(1) by striking ``available by'' and
inserting ``available, at the applicant's discretion, by''.

fa94aab4b3cb9f34f6b654ae3bdbf13ff71109df34bdd66e394550e53e9abcd9

Section 549(c)(3)(B)(vii) of title 40, United States Code, is
amended to read as follows:
``(vii) a museum attended by the public, and, for
purposes of determining whether a museum is attended by the
public, the Administrator shall consider a museum to be
public if the nonprofit educational or public health
institution or organization, at minimum, accedes to any
request submitted for access during business hours;''.

89213c9492890c557ffc1a5d230f43b7d27b302b8d034866e58ef37a26f86cff

(a) Definition.--In this section, the term ``property'' means the
property located in the District of Columbia, subject to survey and as
determined by the Administrator of General Services, generally
consisting of Squares 325 and 326 and a portion of Square 351 and
generally bounded by 12th Street, Independence Avenue, C Street, and
the James Forrestal Building, all in Southwest Washington, District of
Columbia, and shall include all associated air rights, improvements
thereon, and appurtenances thereto.
(b) Sale.--Not later than December 31, 2018, the Administrator of
General Services shall sell the property at fair market value at
highest and best use.
(c) Net Proceeds.--Any net proceeds received shall be paid into an
account in the Federal Buildings Fund established under section 592 of
title 40, United States Code. Upon deposit, the net proceeds from the
sale may be expended only subject to a specific future appropriation.

73e650f1267db17b95897a5c7c7b98ab61a205893e6e193304d01b3c2687ab9a

(a) Definition.--In this section, the term ``property'' means
property located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of Square 326
south of C Street, all in Southwest Washington, District of Columbia,
including the building known as the Cotton Annex.
(b) Sale.--Not later than December 31, 2018, the Administrator of
General Services shall sell the property at fair market value at
highest and best use.
(c) Net Proceeds.--Any net proceeds received shall be paid into an
account in the Federal Buildings Fund established under section 592 of
title 40, United States Code. Upon deposit, the net proceeds from the
sale may be expended only subject to a specific future appropriation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

968f24e303454e7749c902d03a575f0c566778fe04f27181ec188432388d2114

Federal Assets Sale and Transfer Act of 2016

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