[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2375 Reported in Senate (RS)]
<DOC>
Calendar No. 544
114th CONGRESS
2d Session
S. 2375
[Report No. 114-291]
To decrease the deficit by consolidating and selling excess Federal
tangible property, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 8, 2015
Mr. Johnson (for himself, Mr. Warner, Mr. Blunt, Mr. Portman, and Mr.
Lankford) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
July 6, 2016
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To decrease the deficit by consolidating and selling excess Federal
tangible property, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Asset Sale and
Transfer Act of 2015''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of General Services.</DELETED>
<DELETED> (2) Board.--The term ``Board'' means the Federal
Tangible Property Management Reform Board established by
section 3.</DELETED>
<DELETED> (3) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.</DELETED>
<DELETED> (4) Federal agency.--The term ``Federal agency''
means--</DELETED>
<DELETED> (A) an executive department or independent
establishment in the executive branch of the
Government; and</DELETED>
<DELETED> (B) a wholly owned Government
corporation.</DELETED>
<DELETED> (5) Federal civilian real property and civilian
real property.--</DELETED>
<DELETED> (A) In general.--The terms ``Federal
civilian real property'' and ``civilian real property''
mean Federal real property assets, including--
</DELETED>
<DELETED> (i) public buildings (as defined
in section 3301 of title 40, United States
Code);</DELETED>
<DELETED> (ii) occupied and improved
grounds;</DELETED>
<DELETED> (iii) leased space; and</DELETED>
<DELETED> (iv) other physical structures
under the custody and control of any Federal
agency.</DELETED>
<DELETED> (B) Exclusions.--The terms ``Federal
civilian real property'' and ``civilian real property''
do not include--</DELETED>
<DELETED> (i) property that is on a military
installation (as defined in section 2910 of the
Defense Base Closure and Realignment Act of
1990 (10 U.S.C. 2687 note; Public Law 101-510))
(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);</DELETED>
<DELETED> (ii) a base, camp, post, station,
yard, center, homeport facility for any ship,
or any activity under the jurisdiction of the
Coast Guard;</DELETED>
<DELETED> (iii) property that is excluded
for reasons of national security by the
Director of the Office of Management and
Budget;</DELETED>
<DELETED> (iv) property that is excepted
from the definition of the term ``property''
under section 102 of title 40, United States
Code;</DELETED>
<DELETED> (v) Indian and Native Alaskan
property, including--</DELETED>
<DELETED> (I) any property within
the limits of any Indian reservation to
which the United States owns title for
the benefit of an Indian tribe;
and</DELETED>
<DELETED> (II) any property title
which is held in trust by the United
States for the benefit of any Indian
tribe or individual or held by an
Indian tribe or individual subject to
restriction by the United States
against alienation;</DELETED>
<DELETED> (vi) property operated and
maintained by the Tennessee Valley Authority
pursuant to the Tennessee Valley Authority Act
of 1933 (16 U.S.C. 831 et seq.);</DELETED>
<DELETED> (vii) property used in connection
with river, harbor, flood control, reclamation,
or power projects; and</DELETED>
<DELETED> (viii) property located outside
the United States that is operated or
maintained by the Department of State or the
United States Agency for International
Development.</DELETED>
<DELETED> (6) Federal tangible property.--</DELETED>
<DELETED> (A) In general.--The term ``Federal
tangible property'' means any physical property and
Federal civilian real property under the custody and
control of any Federal agency that exceeds $50,000 in
value.</DELETED>
<DELETED> (B) Exclusion.--The term ``Federal
tangible property'' does not include any records of the
Federal Government.</DELETED>
<DELETED> (7) Field office.--The term ``field office'' means
any office of a Federal agency that is not the headquarters
office location for the Federal agency.</DELETED>
<DELETED>SEC. 3. FEDERAL TANGIBLE PROPERTY MANAGEMENT REFORM
BOARD.</DELETED>
<DELETED> (a) Establishment.--There is established an independent
board to be known as the Federal Tangible Property Management Reform
Board.</DELETED>
<DELETED> (b) Duties.--The Board shall carry out the duties
described in section 5.</DELETED>
<DELETED> (c) Membership.--</DELETED>
<DELETED> (1) In general.--The Board shall be composed of--
</DELETED>
<DELETED> (A) a Chairperson appointed by the
President, by and with the advice and consent of the
Senate; and</DELETED>
<DELETED> (B) 6 members appointed by the
President.</DELETED>
<DELETED> (2) Appointments.--In making appointments to the
Board under paragraph (1)(B), the President shall consult
with--</DELETED>
<DELETED> (A) the Speaker of the House of
Representatives concerning the appointment of 2
members;</DELETED>
<DELETED> (B) the majority leader of the Senate
concerning the appointment of 2 members;</DELETED>
<DELETED> (C) the minority leader of the House of
Representatives concerning the appointment of 1 member;
and</DELETED>
<DELETED> (D) the minority leader of the Senate
concerning the appointment of 1 member.</DELETED>
<DELETED> (3) Terms.--The term for each member of the Board
shall be 6 years.</DELETED>
<DELETED> (4) Vacancies.--A vacancy on the Board shall be
filled in the same manner in which the original appointment was
made.</DELETED>
<DELETED> (5) Qualifications.--In making appointments to the
Board, the President shall ensure that the Board contains
individuals with expertise representative of--</DELETED>
<DELETED> (A) commercial real estate and
redevelopment;</DELETED>
<DELETED> (B) space optimization and
utilization;</DELETED>
<DELETED> (C) community development, including
transportation and planning; and</DELETED>
<DELETED> (D) personal property management,
including property accountability, disposal, and
recycling of equipment.</DELETED>
<DELETED> (d) Board Meetings.--</DELETED>
<DELETED> (1) Open meetings.--</DELETED>
<DELETED> (A) In general.--Each meeting of the
Board, other than meetings in which classified
information is to be discussed, shall--</DELETED>
<DELETED> (i) be open to the public;
and</DELETED>
<DELETED> (ii) 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.</DELETED>
<DELETED> (B) Agenda; materials.--For each meeting,
the Board shall release an agenda and a listing of
materials relevant to the topics to be
discussed.</DELETED>
<DELETED> (2) Quorum and meetings.--Of the members of the
Board--</DELETED>
<DELETED> (A) 5 shall constitute a quorum for the
purposes of conducting business; and</DELETED>
<DELETED> (B) 3 or more shall constitute a meeting
of the Board.</DELETED>
<DELETED> (3) Transparency of information.--</DELETED>
<DELETED> (A) Congress.--All the proceedings,
information, and deliberations of the Board shall be
open, on request, to the Chairperson and the ranking
minority party member, and the respective subcommittee
Chairperson and ranking minority party member, of--
</DELETED>
<DELETED> (i) the Committee on Oversight and
Government Reform of the House of
Representatives;</DELETED>
<DELETED> (ii) the Committee on Homeland
Security and Governmental Affairs of the
Senate;</DELETED>
<DELETED> (iii) the Committee on
Appropriations of the House of Representatives;
and</DELETED>
<DELETED> (iv) the Committee on
Appropriations of the Senate.</DELETED>
<DELETED> (B) Government accountability office.--All
proceedings, information, and deliberations of the
Board shall be open, on request, to the Comptroller
General of the United States.</DELETED>
<DELETED> (e) Compensation and Travel Expenses.--</DELETED>
<DELETED> (1) Compensation.--</DELETED>
<DELETED> (A) Rate of pay for members.--Each member
of the Board, 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.</DELETED>
<DELETED> (B) Rate of pay for chairperson.--The
Chairperson of the Board shall be paid for each day
referred to in subparagraph (A) 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.</DELETED>
<DELETED> (2) Travel.--A member of the Board shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.</DELETED>
<DELETED> (f) Executive Director.--</DELETED>
<DELETED> (1) Appointment.--The Board--</DELETED>
<DELETED> (A) shall appoint an Executive Director;
and</DELETED>
<DELETED> (B) shall not be required to comply with
the provisions of title 5, United States Code,
governing appointments in the competitive
service.</DELETED>
<DELETED> (2) Rate of pay for director.--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.</DELETED>
<DELETED> (g) Staff.--</DELETED>
<DELETED> (1) Additional personnel.--Subject to paragraph
(2), the Executive Director may request additional personnel
detailed from Federal agencies.</DELETED>
<DELETED> (2) Detail employees from other agencies.--On
request of the Chairperson and after approval of the Director,
the head of any Federal agency shall detail the requested
personnel of that agency to the Board to assist the Board in
carrying out the duties of the Board.</DELETED>
<DELETED> (3) Qualifications.--Appointments shall be made
with consideration of a balance of expertise consistent with
the qualifications of representatives described in subsection
(c)(5).</DELETED>
<DELETED> (h) Contracting Authority.--</DELETED>
<DELETED> (1) Experts and consultants.--The Board, to the
maximum extent practicable and subject to the availability of
appropriations, shall use existing contracts, including
nonappropriated contracts, entered into by the Administrator
for services necessary to carry out the duties of the
Board.</DELETED>
<DELETED> (2) Office space.--The Administrator, in
consultation with the Board, shall identify and provide,
without charge, suitable office space within the Federal
property inventory to house the operations of the
Board.</DELETED>
<DELETED> (3) Personal property.--The Administrator shall
provide to the Board any personal property already in the
custody and control of the Administrator that is needed to
carry out the duties of the Board.</DELETED>
<DELETED> (i) Termination of Board.--The Board and the authority of
the Board shall terminate on the date that is 6 years after the date of
enactment of this Act.</DELETED>
<DELETED>SEC. 4. DEVELOPMENT OF RECOMMENDATIONS TO THE BOARD.</DELETED>
<DELETED> (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 beginning of each
fiscal year thereafter, the head of each Federal agency shall submit to
the Administrator and the Director the following:</DELETED>
<DELETED> (1) Current data on real property.--Current data
of all Federal civilian real properties owned, leased, or
controlled by the respective agency (including all relevant
information prescribed by the Administrator and the Director),
including data relating to--</DELETED>
<DELETED> (A) the age and condition of the
property;</DELETED>
<DELETED> (B) operating costs;</DELETED>
<DELETED> (C) the history of capital
expenditures;</DELETED>
<DELETED> (D) sustainability metrics;</DELETED>
<DELETED> (E) the number of Federal employees and
functions housed in the respective property;
and</DELETED>
<DELETED> (F) the square footage (including gross,
rentable, and usable) of each property.</DELETED>
<DELETED> (2) Current data on physical property.--Current
data of all Federal physical property owned, leased, or
controlled by the respective agency (including all relevant
information prescribed by the Administrator and the Director),
including data relating to--</DELETED>
<DELETED> (A) the age and condition of the
property;</DELETED>
<DELETED> (B) operating costs;</DELETED>
<DELETED> (C) the history of capital expenditures;
and</DELETED>
<DELETED> (D) warehousing and storage
costs.</DELETED>
<DELETED> (3) Agency recommendations.--Recommendations as
to--</DELETED>
<DELETED> (A) any Federal tangible properties that
can be sold for proceeds and otherwise disposed of,
reported as excess, declared surplus, or outleased or
are otherwise no longer meeting the needs of the
agency, excluding leasebacks or other exchange
agreements where the property continues to be used by
the agency;</DELETED>
<DELETED> (B) any Federal tangible properties that
can be transferred, exchanged, consolidated, colocated,
reconfigured, shared, or redeveloped--</DELETED>
<DELETED> (i) to reduce the tangible
property inventory;</DELETED>
<DELETED> (ii) to reduce the operating costs
of the Federal Government; and</DELETED>
<DELETED> (iii) to create the highest value
and return for the taxpayer; and</DELETED>
<DELETED> (C) operational efficiencies that may be
realized by the Federal Government in the operation and
maintenance of Federal tangible properties.</DELETED>
<DELETED> (b) Standards and Criteria.--Not later than 60 days after
each date specified in subsection (a), the Director, in consultation
with the Administrator, shall--</DELETED>
<DELETED> (1) review agency recommendations submitted
pursuant to subsection (a);</DELETED>
<DELETED> (2) develop consistent standards and criteria
against which agency recommendations will be reviewed, which
shall be developed taking into consideration--</DELETED>
<DELETED> (A) the extent to which a Federal building
or facility could be sold (including property that is
no longer meeting the needs of the Federal Government),
redeveloped, outleased, or otherwise used to produce
the highest and best value and return for the
taxpayer;</DELETED>
<DELETED> (B) the extent and timing of potential
costs and savings, including the number of years,
beginning with the date of completion of the proposed
recommendation;</DELETED>
<DELETED> (C) for real property--</DELETED>
<DELETED> (i) the extent to which the
operating and maintenance costs are reduced
through consolidating, co-locating, and
reconfiguring space, and through realizing
other operational efficiencies;</DELETED>
<DELETED> (ii) the extent to which the
utilization rate is being maximized and is
consistent with nongovernmental industry
standards for the given function or
operation;</DELETED>
<DELETED> (iii) the extent to which reliance
on leasing for long-term space needs is
reduced;</DELETED>
<DELETED> (iv) the extent to which a Federal
building or facility aligns with the current
mission of the applicable Federal
agency;</DELETED>
<DELETED> (v) the extent to which there are
opportunities to consolidate similar operations
across multiple agencies or within
agencies;</DELETED>
<DELETED> (vi) the economic impact on
communities in the vicinity of the Federal
building or facility; and</DELETED>
<DELETED> (vii) the extent to which energy
consumption is reduced; and</DELETED>
<DELETED> (D) for physical property--</DELETED>
<DELETED> (i) the extent to which the
property aligns with the current mission of the
Federal agency; and</DELETED>
<DELETED> (ii) the extent to which
warehousing and storage costs can be reduced;
and</DELETED>
<DELETED> (3) develop recommendations for the Board based on
the standards and criteria developed under paragraph
(2).</DELETED>
<DELETED> (c) Special Rule for Utilization Rates.--</DELETED>
<DELETED> (1) In general.--Standards developed by the
Director under subsection (b)(2) shall incorporate and apply
clear standard utilization rates consistent throughout each
category of space and with nongovernment space utilization
rates.</DELETED>
<DELETED> (2) Utilization rate.--To the extent the space
utilization rate of a given agency exceeds the utilization
rates to be applied under this subsection, the Director may
recommend realignment, colocation, consolidation, or other type
of action to improve space utilization.</DELETED>
<DELETED> (d) Submission to the Board.--</DELETED>
<DELETED> (1) In general.--The standards, criteria, and
recommendations developed pursuant to subsection (b)(2) shall
be submitted to the Board with all supporting information,
data, analyses, and documentation.</DELETED>
<DELETED> (2) Publication.--The standards, criteria, and
recommendations developed pursuant to subsection (b)(2) shall
be--</DELETED>
<DELETED> (A) published in the Federal Register;
and</DELETED>
<DELETED> (B) submitted to--</DELETED>
<DELETED> (i) the committees described in
section 3(d)(3)(A); and</DELETED>
<DELETED> (ii) the Comptroller General of
the United States.</DELETED>
<DELETED> (3) Access to information.--</DELETED>
<DELETED> (A) In general.--The Board shall have
access to all information pertaining to the
recommendations, including supporting information,
data, analyses, and documentation submitted pursuant to
subsection (a).</DELETED>
<DELETED> (B) Information from federal agencies.--On
request, a Federal agency shall provide to the Board
any additional information pertaining to the civilian
real property of the agency.</DELETED>
<DELETED>SEC. 5. DUTIES OF BOARD.</DELETED>
<DELETED> (a) Identification of Property Reduction Opportunities.--
The Board shall identify opportunities for the Federal Government--
</DELETED>
<DELETED> (1) to significantly reduce the inventory of
tangible property held by the Federal Government; and</DELETED>
<DELETED> (2) to reduce costs to the Federal
Government.</DELETED>
<DELETED> (b) Identification of High Value Assets.--</DELETED>
<DELETED> (1) Identification of certain real properties.--
Not later than 180 days after the date on which the last Board
member has been appointed pursuant to section 3(c), the Board
shall--</DELETED>
<DELETED> (A) identify not less than 5 Federal
civilian real properties that are not on the list of
surplus or excess as of that date with a total fair
market value of not less than $500,000,000;
and</DELETED>
<DELETED> (B) submit to the Director and to Congress
a list of the properties identified pursuant to
subparagraph (A), which shall be--</DELETED>
<DELETED> (i) treated as a recommendation
under section 4; and</DELETED>
<DELETED> (ii) subject to the approval
process described in section 6.</DELETED>
<DELETED> (2) Identification of certain physical
properties.--Not later than 180 days after the date on which
the last Board member has been appointed pursuant to section
3(c), the Board shall--</DELETED>
<DELETED> (A) identify not less than 5 Federal
moveable physical properties that are not on the list
of surplus or excess as of that date with a total fair
market value of not less than $100,000; and</DELETED>
<DELETED> (B) submit to the Director and to Congress
a list of the properties identified pursuant to
subparagraph (A), which shall be--</DELETED>
<DELETED> (i) treated as a recommendation
under section 4; and</DELETED>
<DELETED> (ii) subject to the approval
process described in section 6.</DELETED>
<DELETED> (3) Information and data.--</DELETED>
<DELETED> (A) In general.--To assist the Board in
carrying out paragraphs (1) and (2), a Federal agency
shall provide to the Board, on request, any information
and data regarding the properties of the Federal
agency.</DELETED>
<DELETED> (B) Failure to comply.--The Board shall
notify the committees described in section 3(d)(3)(A)
of any failure by any agency to comply with a request
of the Board.</DELETED>
<DELETED> (4) Leaseback restrictions.--The Federal
Government may not lease back any of the existing improvements
on properties sold under this subsection.</DELETED>
<DELETED> (5) Report of excess.--Not later than 60 days
after the date on which the recommendations of the Board
pursuant to paragraphs (1) and (2) have been approved, each
Federal agency with custody, control, or administrative
jurisdiction over the identified properties shall submit to the
Administrator a report of excess.</DELETED>
<DELETED> (6) Sale.--Notwithstanding any other provision of
law (except as provided in section 7(g)), the Administrator
shall--</DELETED>
<DELETED> (A) not later than 120 days after the date
on which the Administrator receives the report of
excess under paragraph (5), initiate the sale of the
properties identified pursuant to paragraphs (1)(A) and
(2)(A); and</DELETED>
<DELETED> (B) not later than 1 year after the date
on which the Administrator receives the report of
excess under paragraph (5), sell the properties
referred to in subparagraph (A) at fair market value at
highest and best use.</DELETED>
<DELETED> (c) Analysis of Inventory.--The Board--</DELETED>
<DELETED> (1) shall perform an independent analysis of the
inventory of Federal tangible property and the recommendations
submitted pursuant to section 4;</DELETED>
<DELETED> (2) shall not be bound or limited by the
recommendations submitted pursuant to section 4; and</DELETED>
<DELETED> (3) in any case in which the Board determines that
a Federal agency has failed to provide necessary information,
data, or adequate recommendations that meet the standards and
criteria developed under section 4(b), shall develop such
recommendations as the Board considers to be appropriate based
on existing data contained in the Federal Real Property Profile
or other relevant information.</DELETED>
<DELETED> (d) Receipt of Information and Proposals.--Notwithstanding
any other provision of law, the Board--</DELETED>
<DELETED> (1) may receive and consider proposals,
information, and other data submitted by State and local
officials and the private sector; and</DELETED>
<DELETED> (2) shall make any information received under
paragraph (1) publicly available.</DELETED>
<DELETED> (e) Accounting System.--The Board shall--</DELETED>
<DELETED> (1) not later than 120 days after the date of
enactment of this Act, identify or develop and implement a
system of accounting to be used to independently evaluate the
costs of and returns on the recommendations provided to the
Board under this Act;</DELETED>
<DELETED> (2) use the accounting system referred to in
paragraph (1) to assist in--</DELETED>
<DELETED> (A) developing the recommendations of the
Board; and</DELETED>
<DELETED> (B) determining the highest return to the
taxpayer; and</DELETED>
<DELETED> (3) establish a standard performance period for
use in carrying out paragraphs (1) and (2).</DELETED>
<DELETED> (f) Public Hearings.--</DELETED>
<DELETED> (1) In general.--The Board shall conduct public
hearings.</DELETED>
<DELETED> (2) Testimony.--All testimony before the Board at
a public hearing under this subsection shall be presented under
oath.</DELETED>
<DELETED> (g) Reporting of Information and Recommendations.--
</DELETED>
<DELETED> (1) In general.--Not later than 120 days after the
date of receipt of recommendations pursuant to section 4, and
annually thereafter, the Board shall submit to the Director,
and publicly post on a Federal Web site maintained by the
Board, a report that includes the findings, conclusions, and
recommendations of the Board for the consolidation, exchange,
colocation, reconfiguration, lease reduction, sale, outlease,
or redevelopment of Federal tangible properties, and for other
operational efficiencies that can be realized in the operation
and maintenance of those properties.</DELETED>
<DELETED> (2) Recommendations for sale or disposal of
property.--To the extent that Board recommendations under
paragraph (1) include the sale or disposal of tangible
property, those properties may be reported as excess, declared
surplus, or determined as no longer meeting the needs of the
Federal Government, excluding leasebacks or other similar
exchange agreements in which the property continues to be used
by the Federal Government.</DELETED>
<DELETED> (3) Consensus in majority.--The Board--</DELETED>
<DELETED> (A) shall seek to develop consensus
recommendations; but</DELETED>
<DELETED> (B) if a consensus cannot be obtained, may
include in the report under paragraph (1)
recommendations that are supported by a majority of the
Board.</DELETED>
<DELETED> (h) Federal Web Site.--The Board shall establish and
maintain a Federal Web site for the purposes of making relevant
information publicly available.</DELETED>
<DELETED> (i) Review by GAO.--The Comptroller General of the United
States shall submit to Congress and to the Board a report that
includes--</DELETED>
<DELETED> (1) a detailed analysis of the recommendations
provided by the Board under subsection (g); and</DELETED>
<DELETED> (2) a description of the selection process used to
develop the recommendations.</DELETED>
<DELETED>SEC. 6. REVIEW BY THE OFFICE OF MANAGEMENT AND
BUDGET.</DELETED>
<DELETED> (a) Review of Recommendations.--On receipt of the
recommendations of the Board under section 5(g), the Director shall
conduct a review of the recommendations.</DELETED>
<DELETED> (b) Report to Board and Congress.--Not later than 30 days
after the date of receipt of the recommendations of the Board under
section 5(g), the Director shall submit to the Board and to Congress a
report that describes the approval or disapproval of the
recommendations.</DELETED>
<DELETED> (c) Approval or Disapproval.--If the Director--</DELETED>
<DELETED> (1) approves the recommendations of the Board, the
Director shall submit to Congress a copy of the recommendations
and a certification of the approval;</DELETED>
<DELETED> (2) disapproves of the recommendations of the
Board, in whole or in part--</DELETED>
<DELETED> (A) the Director shall submit to the Board
and to Congress the reasons for the disapproval;
and</DELETED>
<DELETED> (B) not later than 30 days after the date
of disapproval, the Board shall submit to the Director
a revised list of recommendations;</DELETED>
<DELETED> (3) approves the revised recommendations of the
Board submitted under paragraph (2)(B), the Director shall
submit to Congress a copy of the revised recommendations and a
certification of the approval; and</DELETED>
<DELETED> (4) does not submit to Congress an approval and
certification in accordance with paragraph (1) or (3) by the
date that is 30 days after the date of receipt of the
recommendations or revised recommendations of the Board, the
review process under this section shall terminate until the
following year.</DELETED>
<DELETED>SEC. 7. IMPLEMENTATION OF BOARD RECOMMENDATIONS.</DELETED>
<DELETED> (a) Carrying Out Recommendations.--</DELETED>
<DELETED> (1) In general.--A Federal agency shall--
</DELETED>
<DELETED> (A) Not later than 60 days after the date
on which the Board submits recommendations to the
Director and to Congress under paragraph (1) or (3) of
section 6(c), begin preparation to carry out the
recommendations of the Board;</DELETED>
<DELETED> (B) initiate all activities not later than
2 years after the date on which the Director submits
the recommendations of the Board to Congress;
and</DELETED>
<DELETED> (C) not later than the end of the 6-year
period beginning on the date on which the Director
submits to Congress the recommendations of the Board,
complete the implementation of all recommended
actions.</DELETED>
<DELETED> (2) Actions.--Each recommended action taken by a
Federal agency under paragraph (1) shall be economically
beneficial and cost-neutral or otherwise favorable to the
Federal Government.</DELETED>
<DELETED> (3) Extenuating circumstances.--In the case of a
recommended action that will take longer than the 6-year period
described in paragraph (1)(C) due to extenuating circumstances,
a Federal agency shall notify the Director and Congress as soon
as the extenuating circumstance becomes apparent with an
estimated time to complete the relevant action.</DELETED>
<DELETED> (b) Actions of Federal Agencies.--Pursuant to subsection
(c), in taking an action related to any Federal building or facility
under this Act, a Federal agency may, take all such necessary and
proper actions, including--</DELETED>
<DELETED> (1) acquiring land, constructing replacement
facilities, performing such other activities, and conducting
such advance planning and design as may be required to transfer
functions from a Federal asset or property to another Federal
civilian property;</DELETED>
<DELETED> (2) reimbursing other Federal agencies for actions
performed at the request of the Board; and</DELETED>
<DELETED> (3) taking such actions as are practicable to
maximize the value of property to be sold by clarifying zoning
and other limitations on use of the property.</DELETED>
<DELETED> (c) Necessary and Proper Actions.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), in acting on a recommendation of the Board, a Federal
agency shall--</DELETED>
<DELETED> (A) act within any authority delegated to
the agency; and</DELETED>
<DELETED> (B) if the agency has not been delegated
the authority to act on the recommendation, work in
partnership with the Administrator to carry out the
recommendation.</DELETED>
<DELETED> (2) Actions of administrator.--The Administrator
may take such necessary and proper actions, including the sale,
conveyance, or exchange of tangible property, as are required
to implement the recommendations of the Board in the time
period described in subsection (a)(1)(C).</DELETED>
<DELETED> (3) Expert commercial real estate services.--A
Federal agency may enter into no-cost nonappropriated contracts
for expert commercial real estate services to carry out the
responsibilities of the agency pursuant to the
recommendations.</DELETED>
<DELETED> (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 tangible
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.</DELETED>
<DELETED> (e) Disposal of Real Properties.--Any recommendation or
commencement of a sale, disposal, consolidation, reconfiguration,
colocation, or realignment of tangible property shall not be subject
to--</DELETED>
<DELETED> (1) the first section through section 3 of the Act
of May 19, 1948 (16 U.S.C. 667b et seq.);</DELETED>
<DELETED> (2) sections 107 and 317 of title 23, United
States Code;</DELETED>
<DELETED> (3) section 545(b)(8) of title 40, United States
Code;</DELETED>
<DELETED> (4) sections 550, 553, and 554 of title 40, United
States Code;</DELETED>
<DELETED> (5) section 1304(b) of title 40, United States
Code;</DELETED>
<DELETED> (6) section 47151 of title 49, United States
Code;</DELETED>
<DELETED> (7) section 13(d) of the Surplus Property Act of
1944 (50 U.S.C. App. 1622(d));</DELETED>
<DELETED> (8) any other provision of law authorizing the
conveyance of tangible property owned by the Federal Government
for no consideration; and</DELETED>
<DELETED> (9) any congressional notification requirement
(other than that under section 545 of title 40, United States
Code).</DELETED>
<DELETED> (f) Public Benefit.--</DELETED>
<DELETED> (1) In general.--On the date on which the Director
submits to Congress the recommendations of the Board under
paragraph (1) or (3) of section 6(c) (except those buildings
recommended under section 5(b)), the Director shall submit to
the Secretary of Housing and Urban Development all known
information on the buildings or properties included in the
recommendations.</DELETED>
<DELETED> (2) Action by secretary.--Not later than 30 days
after the Secretary of Housing and Urban Development receives
the information described in paragraph (1), the Secretary shall
identify any suitable properties for use as a property
benefitting 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).</DELETED>
<DELETED> (g) Environmental Considerations.--</DELETED>
<DELETED> (1) Transfer of real property.--</DELETED>
<DELETED> (A) In general.--In implementing the
recommendations of the Board under section 5(g), and
subject to paragraph (2) a Federal agency may enter
into an agreement with any person to transfer real
property by deed pursuant to section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)).</DELETED>
<DELETED> (B) Additional terms.--</DELETED>
<DELETED> (i) In general.--The head of the
Federal agency disposing of property under this
paragraph may require any additional terms and
conditions in connection with an agreement
authorized by subparagraph (A) as the head of
the agency considers appropriate to protect the
interests of the United States.</DELETED>
<DELETED> (ii) No effect on rights or
obligations.--Additional terms and conditions
described in clause (i) shall not affect or
diminish any rights or obligations of a Federal
agency under section 120 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C.
9620).</DELETED>
<DELETED> (2) Cost certification.--The head of a Federal
agency shall not transfer real property or facilities under
paragraph (1) unless the head of the agency certifies to the
Board and Congress that--</DELETED>
<DELETED> (A) the costs of all environmental
restoration, waste management, and environmental
compliance activities otherwise to be paid by the
Federal agency disposing of the property with respect
to the property or facilities are equal to or greater
than the fair market value of the property or
facilities to be transferred, as determined by the head
of the agency; or</DELETED>
<DELETED> (B) if the costs described in subparagraph
(A) are less than the fair market value of the property
or facilities, the recipient of the property or
facilities has agreed to pay the difference between the
fair market value and those costs.</DELETED>
<DELETED> (3) Payment to recipient of real property.--In the
case of a property covered by a certification under paragraph
(2)(A), the Federal agency disposing of the property may pay
the recipient of the property or facilities an amount equal to
the lesser of--</DELETED>
<DELETED> (A) the amount by which the costs incurred
by the recipient of the property or facilities for all
environmental restoration, waste management, and
environmental compliance activities with respect to the
property or facilities exceed the fair market value of
the property or facilities as specified in the
certification; and</DELETED>
<DELETED> (B) the amount by which the costs (as
determined by the head of the Federal agency disposing
of the property) that would otherwise have been
incurred by the Secretary of Housing and Urban
Development for the restoration, waste management, and
environmental compliance activities with respect to the
property or facilities exceed the fair market value of
the property or facilities as specified in the
certification.</DELETED>
<DELETED> (4) Disclosure to recipient.--As part of an
agreement under paragraph (1), the head of the Federal agency
disposing of the property shall, in accordance with applicable
law and before entering into an agreement, disclose to the
person to whom the property or facilities will be transferred
information possessed by the agency regarding the environmental
restoration, waste management, and environmental compliance
activities described in this subsection that relate to the
property or facilities.</DELETED>
<DELETED> (5) Time extensions.--For the purposes of granting
time extensions under subsection (a), the Director shall give
the need for significant environmental remediation to a piece
of property more weight than any other factor in determining
whether to grant a 2-year extension to implement a Board
recommendation.</DELETED>
<DELETED> (6) Savings provision.--Nothing in this Act
modifies, alters, or amends--</DELETED>
<DELETED> (A) the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.);</DELETED>
<DELETED> (B) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or</DELETED>
<DELETED> (C) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).</DELETED>
<DELETED>SEC. 8. FUNDING.</DELETED>
<DELETED> (a) Establishment of Salaries and Expenses Account.--
</DELETED>
<DELETED> (1) Establishment of account.--There is
established in the Treasury of the United States an account to
be known as the ``Tangible Property Management Reform Board--
Salaries and Expenses'' account.</DELETED>
<DELETED> (2) Necessary payments.--There shall be deposited
into the account established by paragraph (1) such amounts as
are provided in appropriations Acts for those necessary
payments for salaries and expenses to accomplish the
administrative needs of the Board.</DELETED>
<DELETED> (b) Establishment of Asset Proceeds and Space Management
Fund.--</DELETED>
<DELETED> (1) In general.--There is established within the
Federal Buildings Fund established by section 592 of title 40,
United States Code, an account to be known as the ``Tangible
Property Management Reform Board--Asset Proceeds and Space
Management Fund'', which shall be used solely for the purposes
of carrying out actions under section 7, pursuant to the
recommendations of the Board approved under section
6.</DELETED>
<DELETED> (2) Amounts deposited into fund.--Notwithstanding
section 3307 of title 40, United States Code, the fund
established by paragraph (1) shall consist of--</DELETED>
<DELETED> (A) such amounts as are provided in
appropriations Acts, to remain available until
expended, for the consolidation, colocation, exchange,
redevelopment, reconfiguration of space, disposal, and
other actions recommended by the Board for Federal
agencies; and</DELETED>
<DELETED> (B) amounts received from the sale of any
tangible property action taken pursuant to a
recommendation of the Board.</DELETED>
<DELETED> (3) Use of funds.--</DELETED>
<DELETED> (A) In general.--The amounts deposited in
the fund under paragraph (2) shall be made available
for obligation or expenditure only as provided in
advance in appropriation Acts for the purposes
described in subparagraphs (A) and (B) of paragraph
(2).</DELETED>
<DELETED> (B) Use of proceeds.--As provided in
appropriations Acts, proceeds under paragraph (2)(B)
may be made available to cover necessary costs
associated with implementing the recommendations
pursuant to section 7, including costs associated
with--</DELETED>
<DELETED> (i) sales transactions;</DELETED>
<DELETED> (ii) acquiring land, construction,
constructing replacement facilities, conducting
advance planning and design as may be required
to transfer functions from a Federal asset or
property to another Federal civilian
property;</DELETED>
<DELETED> (iii) colocation, redevelopment,
disposal, and reconfiguration of space;
and</DELETED>
<DELETED> (iv) other actions recommended by
the Board for Federal agencies.</DELETED>
<DELETED> (c) Additional Requirement for Budget Contents.--In
submitting a budget under section 1105 of title 31, United States Code,
the President shall include--</DELETED>
<DELETED> (1) an estimate of proceeds from implementing the
recommendations of the Board; and</DELETED>
<DELETED> (2) the obligations and expenditures needed to
support those recommendations.</DELETED>
<DELETED>SEC. 9. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.</DELETED>
<DELETED> Section 3307(b) of title 40, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (6), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (7), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(8) a description of how the proposed project is
consistent with criteria established in section 4(b) of the
Federal Asset Sale and Transfer Act of 2015.''.</DELETED>
<DELETED>SEC. 10. PRECLUSION OF JUDICIAL REVIEW.</DELETED>
<DELETED> The following actions shall not be subject to judicial
review:</DELETED>
<DELETED> (1) An action taken pursuant to section 5 or
section 6.</DELETED>
<DELETED> (2) An action taken by the Board.</DELETED>
<DELETED>SEC. 11. IMPLEMENTATION REVIEW BY GAO.</DELETED>
<DELETED> On transmittal of the recommendations of the Board from
the Director to Congress under section 6, and not less frequently than
annually thereafter, the Comptroller General of the United States
shall--</DELETED>
<DELETED> (1) monitor and review the implementation
activities of Federal agencies pursuant to section 7;
and</DELETED>
<DELETED> (2) report to Congress any findings and
recommendations for improvement of those activities.</DELETED>
<DELETED>SEC. 12. AGENCY RETENTION OF PROCEEDS.</DELETED>
<DELETED> (a) In General.--Section 571 of title 40, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 571. General rules for deposit and use of
proceeds</DELETED>
<DELETED> ``(a) Proceeds From Transfer or Sale of Tangible
Property.--</DELETED>
<DELETED> ``(1) Deposit of net proceeds.--Net proceeds
described in subsection (c) shall be deposited into the
appropriate tangible property account of the agency that had
custody and accountability for the tangible property at the
time the tangible property is determined to be
excess.</DELETED>
<DELETED> ``(2) Expenditure of net proceeds.--The net
proceeds deposited under paragraph (1) may only be expended as
authorized in annual appropriations Acts, for activities
described in sections 543 and 545, including for payment of
costs incurred by the Administrator of General Services for any
disposal-related activity authorized by this title.</DELETED>
<DELETED> ``(3) Deficit reduction.--Any net proceeds
described in subsection (c) from the sale, lease, or other
disposition of surplus tangible property that are not expended
under paragraph (2) shall be used for deficit
reduction.</DELETED>
<DELETED> ``(b) Effect on Other Sections.--Nothing in this section
affects section 572(b), 573, or 574.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) a transfer of excess tangible property to a
Federal agency for agency use; or</DELETED>
<DELETED> ``(2) a sale, lease, or other disposition of
surplus tangible property.</DELETED>
<DELETED> ``(d) Proceeds From Transfer or Sale of Personal
Property.--</DELETED>
<DELETED> ``(1) In general.--Except as otherwise provided in
this subchapter, proceeds described in paragraph (2) shall be
deposited in the Treasury as miscellaneous receipts.</DELETED>
<DELETED> ``(2) Proceeds.--The proceeds described in this
paragraph are proceeds under this chapter from--</DELETED>
<DELETED> ``(A) a transfer of excess personal
property to a Federal agency for agency use;
or</DELETED>
<DELETED> ``(B) a sale, lease, or other disposition
of surplus personal property.</DELETED>
<DELETED> ``(3) Payment of expenses of sale before
deposit.--</DELETED>
<DELETED> ``(A) In general.--Subject to regulations
under this subtitle, the expenses of the sale of
personal property may be paid from the proceeds of the
sale so that only the net proceeds are deposited in the
Treasury of the United States.</DELETED>
<DELETED> ``(B) Application.--This paragraph applies
in a case in which proceeds are deposited--</DELETED>
<DELETED> ``(i) as miscellaneous receipts;
or</DELETED>
<DELETED> ``(ii) to the credit of an
appropriation as authorized by
law.''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of termination of the Board under section
3(i).</DELETED>
<DELETED>SEC. 13. FEDERAL TANGIBLE PROPERTY DATABASE.</DELETED>
<DELETED> (a) Database Required.--Not later than 1 year after the
date of the enactment of this Act, the Administrator shall publish a
single, comprehensive, and descriptive database of all Federal tangible
property under the custody and control of all Federal agencies, other
than Federal tangible property excluded for reasons of national
security, in accordance with subsection (b).</DELETED>
<DELETED> (b) Required Information for Database.--The Administrator
shall collect from the head of each Federal agency descriptive
information, except for classified information, of the nature, use, and
extent of the Federal tangible property of each agency, including--
</DELETED>
<DELETED> (1) the geographical location of each Federal
tangible property of each agency, including the address and
description for each property;</DELETED>
<DELETED> (2) the total size of each Federal tangible
property of each agency, including square footage and acreage
of each property;</DELETED>
<DELETED> (3) the relevance of each Federal tangible
property to the mission of the agency;</DELETED>
<DELETED> (4) the level of use of each Federal tangible
property for each agency, including whether the property is
excess, surplus, underutilized, or unutilized;</DELETED>
<DELETED> (5) the number of days each Federal tangible
property is designated as excess, surplus, underutilized, or
unutilized;</DELETED>
<DELETED> (6) the annual operating costs of each Federal
tangible property; and</DELETED>
<DELETED> (7) the replacement value of each Federal tangible
property.</DELETED>
<DELETED> (c) Access to Database.--</DELETED>
<DELETED> (1) Federal agencies.--The Administrator shall, in
consultation with the Director, make the database under
subsection (a) available to Federal agencies.</DELETED>
<DELETED> (2) Public access.--To the extent consistent with
national security and procurement laws, the database under
subsection (a) shall be publicly accessible at no cost through
the Web site of the General Services Administration.</DELETED>
<DELETED> (d) Transparency of Database.--To the extent practicable,
the Administrator shall ensure that the database under subsection (a)--
</DELETED>
<DELETED> (1) uses an open, machine-readable
format;</DELETED>
<DELETED> (2) permits users to search and sort Federal
tangible property data; and</DELETED>
<DELETED> (3) includes a means to download a large amount of
Federal tangible property data and a selection of such data
retrieved using a search.</DELETED>
<DELETED> (e) Applicability.--Nothing in this section requires an
agency to make available to the public information that is exempt from
disclosure under section 552(b) of title 5, United States
Code.</DELETED>
<DELETED>SEC. 14. STREAMLINING THE MCKINNEY-VENTO HOMELESS ASSISTANCE
ACT.</DELETED>
<DELETED> Section 501 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411) is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)(A), by amending clause
(ii) to read as follows:</DELETED>
<DELETED> ``(ii) in the case of surplus property--
</DELETED>
<DELETED> ``(I) for use to assist the
homeless either in accordance with this section
or as a public health use in accordance with
paragraphs (1) and (4) of section 203(k) of the
Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 484(k) (1) and (4));
and</DELETED>
<DELETED> ``(II) to provide permanent
housing with or without supportive services to
assist the homeless in accordance with this
section.'';</DELETED>
<DELETED> (2) in subsection (c)(1)(A), in the matter
preceding clause (i), 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'';</DELETED>
<DELETED> (3) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``60
days'' and inserting ``30 days'';</DELETED>
<DELETED> (B) by striking ``60-day period'' each
place that term appears and inserting ``30-day
period''; and</DELETED>
<DELETED> (C) in paragraph (3), by adding at the end
the following: ``If the representative of the homeless
does not request a review of the determination of
unsuitability during the 20-day period described in
this paragraph, the property shall not be included in
any subsequent publication under subsection
(c)(1)(A)(ii) unless the landholding agency makes
changes to the property, including improvements, that
may change the unsuitable determination and the
Secretary subsequently determines the property is
suitable.'';</DELETED>
<DELETED> (4) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``90 days'' and
inserting ``75 days'';</DELETED>
<DELETED> (ii) by striking ``a complete
application'' and inserting ``an initial
application''; and</DELETED>
<DELETED> (iii) by adding at the end the
following: ``An initial application shall set
forth (A) the services that will be offered,
(B) the need for the services, and (C) the
experience that the applicant has that
demonstrates the ability to provide the
services.'';</DELETED>
<DELETED> (B) in paragraph (3)--</DELETED>
<DELETED> (i) by striking ``25 days after
receipt of a completed application'' and
inserting ``10 days after the date on which the
Secretary of Health and Human Services receives
an initial application under paragraph (2)'';
and</DELETED>
<DELETED> (ii) by striking ``an
application'' and inserting ``an initial
application''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) Not later than 45 days after the date on
which the Secretary of Health and Human Services approves an
initial application under paragraph (3), the applicant shall
submit to the Secretary of Health and Human Services a final
application, which shall set forth a reasonable plan to finance
the approved program.</DELETED>
<DELETED> ``(5) Not later than 15 days after the date on
which the Secretary of Health and Human Services receives a
final application under paragraph (4), 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 a final
application.''; and</DELETED>
<DELETED> (5) in subsection (f)(1), by striking ``available
by'' and inserting ``available, at the discretion of the
applicant, by''.</DELETED>
<DELETED>SEC. 15. SURPLUS TANGIBLE PROPERTY DONATIONS TO
MUSEUMS.</DELETED>
<DELETED> Section 549(c)(3)(B) of title 40, United States Code, is
amended by striking clause (vii) and inserting the following:</DELETED>
<DELETED> ``(vii) a museum attended by the
public (as determined by the Administrator and
including a museum for which the nonprofit
educational or public health institution or
organization accedes to any request submitted
for access);''.</DELETED>
<DELETED>SEC. 16. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated to carry out this
Act--</DELETED>
<DELETED> (1) $2,000,000 for salaries and expenses of the
Board; and</DELETED>
<DELETED> (2) $40,000,000 to be deposited into the Federal
Tangible Property Management Reform Board--Asset Proceeds and
Space Management Fund established by section 8(b) for
activities related to the implementation of recommendations of
the Board.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Asset Sale and Transfer Act
of 2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the management of the real
property holdings of the Federal Government and to reduce the costs of
Federal real estate by--
(1) consolidating the footprint of Federal buildings and
facilities;
(2) maximizing the usage rate of Federal buildings and
facilities;
(3) reducing reliance on leased space;
(4) selling or redeveloping high value assets that are
underused 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 civilian 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
sustainability goals of the Government by--
(A) reducing excess space, inventory, and energy
consumption; and
(B) leveraging new technologies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Federal Real
Property Reform Board established by section 4.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) Federal agency.--The term ``Federal agency'' means--
(A) an executive department or independent
establishment in the executive branch of the
Government; and
(B) 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'' mean Federal
real property assets, including--
(i) public buildings (as defined in section
3301 of title 40, United States Code);
(ii) occupied and improved grounds;
(iii) leased space; and
(iv) other physical structures under the
custody and control of any Federal agency.
(B) Exclusions.--The terms ``Federal civilian real
property'' and ``civilian real property'' do not
include--
(i) any military installation (as defined
in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note;
Public Law 101-510));
(ii) any property that is excepted from the
definition of the term ``property'' under
section 102 of title 40, United States Code;
(iii) Indian and native Eskimo property
held in trust by the Federal Government as
described in section 3301(a)(5)(C)(iii) of
title 40, United States Code;
(iv) real property operated and maintained
by the Tennessee Valley Authority pursuant to
the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.);
(v) any real property the Director excludes
for reasons of national security;
(vi) any public lands (as defined in
section 203 of the Public Lands Corps Act of
1993 (16 U.S.C. 1722)) administered by--
(I) the Secretary of the Interior,
acting through--
(aa) the Director of the
Bureau of Land Management;
(bb) the Director of the
National Park Service;
(cc) the Commissioner of
Reclamation; or
(dd) the Director of the
United States Fish and Wildlife
Service; or
(II) the Secretary of Agriculture,
acting through the Chief of the Forest
Service; or
(vii) any postal property.
(6) Field office.--The term ``field office'' means any
office of a Federal agency that is not the headquarters office
location for the Federal agency.
(7) Postal property.--The term ``postal property'' means
any property owned or leased by the United States Postal
Service.
SEC. 4. FEDERAL REAL PROPERTY REFORM BOARD.
(a) Establishment.--There is established an independent board to be
known as the Federal Real Property Reform Board.
(b) Duties.--The Board shall carry out the duties described in
section 6.
(c) Membership.--
(1) In general.--The Board shall be composed of--
(A) a Chairperson appointed by the President, by
and with the advice and consent of the Senate; and
(B) 6 members appointed by the President.
(2) Appointments.--In making appointments to the Board
under paragraph (1)(B), the President shall consult with--
(A) the Speaker of the House of Representatives
concerning the appointment of 2 members;
(B) the majority leader of the Senate concerning
the appointment of 2 members;
(C) the minority leader of the House of
Representatives concerning the appointment of 1 member;
and
(D) the minority leader of the Senate concerning
the appointment of 1 member.
(3) Terms.--The term for each member of the Board shall be
6 years.
(4) Vacancies.--A vacancy on the Board shall be filled in
the same manner in which the original appointment was made.
(5) Qualifications.--In making appointments to the Board,
the President shall ensure that the Board contains individuals
with expertise representative of--
(A) commercial real estate and redevelopment;
(B) space optimization and utilization; and
(C) community development, including transportation
and planning.
(d) Board Meetings.--
(1) Open meetings.--
(A) In general.--Each meeting of the Board, other
than meetings in which classified information is to be
discussed, shall--
(i) be open to the public; and
(ii) be announced in the Federal Register
and the Federal website established by the
Board at least 14 calendar days in advance of a
meeting.
(B) Agenda; materials.--For each meeting, the Board
shall release an agenda and a listing of materials
relevant to the topics to be discussed.
(2) Quorum and meetings.--Of the members of the Board--
(A) 5 shall constitute a quorum for the purposes of
conducting business; and
(B) 3 or more shall constitute a meeting of the
Board.
(3) Transparency of information.--
(A) Congress.--All the proceedings, information,
and deliberations of the Board shall be open, on
request, to the Chairperson and the ranking minority
party member, and the respective subcommittee
Chairperson and ranking minority party member, of--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(ii) the Committee on Oversight and
Government Reform of the House of
Representatives;
(iii) the Committee on Environment and
Public Works of the Senate;
(iv) the Committee on Transportation and
Infrastructure of the House of Representatives;
(v) the Committee on Appropriations of the
Senate; and
(vi) the Committee on Appropriations of the
House of Representatives.
(B) Government accountability office.--All
proceedings, information, and deliberations of the
Board shall be open, on request, to the Comptroller
General of the United States.
(e) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Rate of pay for members.--Each member of the
Board, 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.
(B) Rate of pay for chairperson.--The Chairperson
of the Board shall be paid for each day referred to in
subparagraph (A) 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.
(2) Travel.--A member of the Board shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(f) Executive Director.--
(1) Appointment.--The Board--
(A) shall appoint an Executive Director; and
(B) shall not be required to comply with the
provisions of title 5, United States Code, governing
appointments in the competitive service.
(2) Rate of pay for director.--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.
(g) Staff.--
(1) Additional personnel.--Subject to paragraph (2), the
Executive Director may request additional personnel detailed
from Federal agencies.
(2) Detail employees from other agencies.--On request of
the Chairperson and after approval of the Director, the head of
any Federal agency shall detail the requested personnel of that
agency to the Board to assist the Board in carrying out the
duties of the Board.
(3) Qualifications.--Appointments shall be made with
consideration of a balance of expertise consistent with the
qualifications of representatives described in subsection
(c)(5).
(h) Contracting Authority.--
(1) Experts and consultants.--The Board, to the maximum
extent practicable and subject to the availability of
appropriations, shall use existing contracts, including
nonappropriated contracts, entered into by the Administrator
for services necessary to carry out the duties of the Board.
(2) Office space.--The Administrator, in consultation with
the Board, shall identify and provide, without charge, suitable
office space within the Federal property inventory to house the
operations of the Board.
(3) Personal property.--The Administrator shall provide to
the Board any personal property already in the custody and
control of the Administrator that is needed to carry out the
duties of the Board.
(i) Termination of Board.--The Board and the authority of the Board
shall terminate on the date that is 6 years after the date of enactment
of this Act.
SEC. 5. DEVELOPMENT OF RECOMMENDATIONS TO THE 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 beginning of each fiscal year thereafter,
the head of each Federal agency shall submit to the Administrator and
the Director a report that includes--
(1) current data of all Federal civilian real properties
owned, leased, or controlled by the respective agency
(including all relevant information prescribed by the
Administrator and the Director), including data relating to--
(A) the age and condition of the property;
(B) operating costs;
(C) the history of capital expenditures;
(D) sustainability metrics;
(E) the number of Federal employees and functions
housed in the respective property; and
(F) the square footage (including gross, rentable,
and usable) of each property; and
(2) recommendations as to--
(A) any Federal civilian properties that can be
sold for proceeds and otherwise disposed of, reported
as excess, declared surplus, or outleased or are
otherwise no longer meeting the needs of the agency,
excluding leasebacks or other exchange agreements where
the property continues to be used by the agency;
(B) any Federal civilian properties that can be
transferred, exchanged, consolidated, colocated,
reconfigured, or redeveloped--
(i) to reduce the civilian real property
inventory;
(ii) to reduce the operating costs of the
Federal Government; and
(iii) to create the highest value and
return for the taxpayer; and
(C) operational efficiencies that may be realized
by the Federal Government in the operation and
maintenance of Federal civilian real properties.
(b) Standards and Criteria.--Not later than 60 days after each date
specified in subsection (a), the Director, in consultation with the
Administrator, shall--
(1) review agency recommendations submitted pursuant to
subsection (a);
(2) develop consistent standards and criteria against which
agency recommendations will be reviewed, which shall be
developed taking into consideration--
(A) the extent to which a Federal building or
facility could be sold (including property that is no
longer meeting the needs of the Federal 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 nongovernmental
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 Federal building or
facility aligns with the current mission of the
applicable 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 communities in the
vicinity of the Federal building or facility; and
(I) the extent to which energy consumption is
reduced; and
(3) develop recommendations for the Board based on the
standards and criteria developed under paragraph (2).
(c) Special Rule for Utilization Rates.--
(1) In general.--Standards developed by the Director under
subsection (b)(2) shall incorporate and apply clear standard
utilization rates consistent throughout each category of space
and with nongovernment space utilization rates.
(2) Utilization rate.--To the extent the space utilization
rate of a given agency exceeds the utilization rates to be
applied under this subsection, the Director may recommend
realignment, colocation, consolidation, or other type of action
to improve space utilization.
(d) Submission to the Board.--
(1) In general.--The standards, criteria, and
recommendations developed pursuant to subsection (b)(2) shall
be submitted to the Board with all supporting information,
data, analyses, and documentation.
(2) Publication.--The standards, criteria, and
recommendations developed pursuant to subsection (b)(2) shall
be--
(A) published in the Federal Register; and
(B) submitted to--
(i) the committees described in section
4(d)(3)(A); and
(ii) the Comptroller General of the United
States.
(3) Access to information.--
(A) In general.--The Board shall have access to all
information pertaining to the recommendations,
including supporting information, data, analyses, and
documentation submitted pursuant to subsection (a).
(B) Information from federal agencies.--On request,
a Federal agency shall provide to the Board any
additional information pertaining to the civilian real
property of the agency.
SEC. 6. DUTIES OF BOARD.
(a) Identification of Property Reduction Opportunities.--The Board
shall identify opportunities for the Federal Government--
(1) to significantly reduce the inventory of civilian real
property held by the Federal Government; and
(2) to reduce costs to the Federal Government.
(b) Identification of High Value Assets.--
(1) Identification of certain properties.--Not later than
180 days after the date on which the last Board member has been
appointed pursuant to section 4(c), the Board shall--
(A) identify not less than 5 Federal properties
that are not on the list of surplus or excess as of
that date with a total fair market value of not less
than $500,000,000; and
(B) submit to the Director and to Congress a list
of the properties identified pursuant to subparagraph
(A), which shall be--
(i) treated as a recommendation under
section 5; and
(ii) subject to the approval process
described in section 7.
(2) Information and data.--
(A) In general.--To assist the Board in carrying
out paragraph (1), a Federal agency shall provide to
the Board, on request, any information and data
regarding the properties of the Federal agency.
(B) Failure to comply.--The Board shall notify the
committees described in section 4(d)(3)(A) of any
failure by any agency to comply with a request of the
Board.
(3) Leaseback restrictions.--The Federal Government may not
lease back any of the existing improvements on properties sold
under this subsection.
(4) Report of excess.--Not later than 60 days after the
date on which the recommendations of the Board pursuant to
paragraph (1) have been approved, each Federal agency with
custody, control, or administrative jurisdiction over the
identified properties shall submit to the Administrator a
report of excess.
(5) Sale.--Notwithstanding any other provision of law
(except as provided in section 8(g)), the Administrator shall--
(A) not later than 120 days after the date on which
the Administrator receives the report of excess under
paragraph (4), initiate the sale of the properties
identified pursuant to paragraph (1)(A); and
(B) not later than 1 year after the date on which
the Administrator receives the report of excess under
paragraph (4), sell the properties referred to in
subparagraph (A) at fair market value at highest and
best use.
(c) Analysis of Inventory.--The Board--
(1) shall perform an independent analysis of the inventory
of Federal civilian real property and the recommendations
submitted pursuant to section 5;
(2) shall not be bound or limited by the recommendations
submitted pursuant to section 5; and
(3) in any case in which the Board determines that a
Federal agency has failed to provide necessary information,
data, or adequate recommendations that meet the standards and
criteria developed under section 5(b), shall develop such
recommendations as the Board considers to be appropriate based
on existing data contained in the Federal Real Property Profile
or other relevant information.
(d) Receipt of Information and Proposals.--Notwithstanding any
other provision of law, the Board--
(1) may receive and consider proposals, information, and
other data submitted by State and local officials and the
private sector; and
(2) shall make any information received under paragraph (1)
publicly available.
(e) Accounting System.--The Board shall--
(1) not later than 120 days after the date of enactment of
this Act, identify or develop and implement a system of
accounting to be used to independently evaluate the costs of
and returns on the recommendations provided to the Board under
this Act;
(2) use the accounting system referred to in paragraph (1)
to assist in--
(A) developing the recommendations of the Board;
and
(B) determining the highest return to the taxpayer;
and
(3) establish a standard performance period for use in
carrying out paragraphs (1) and (2).
(f) Public Hearings.--
(1) In general.--The Board shall conduct public hearings.
(2) Testimony.--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.--Not later than 120 days after the date of
receipt of recommendations pursuant to section 5, and annually
thereafter, the Board shall submit to the Director, and
publicly post on a Federal website maintained by the Board, a
report that includes the findings, conclusions, and
recommendations of the Board for the consolidation, exchange,
colocation, reconfiguration, lease reduction, sale, outlease,
or redevelopment of Federal civilian real properties, and for
other operational efficiencies that can be realized in the
operation and maintenance of those properties.
(2) Consensus in majority.--The Board--
(A) shall seek to develop consensus
recommendations; but
(B) if a consensus cannot be obtained, may include
in the report under paragraph (1) recommendations that
are supported by a majority of the Board.
(h) Federal Website.--The Board shall establish and maintain a
Federal website for the purposes of making relevant information
publicly available.
(i) Review by GAO.--The Comptroller General of the United States
shall submit to Congress and to the Board a report that includes--
(1) a detailed analysis of the recommendations provided by
the Board under subsection (g); and
(2) a description of the selection process used to develop
the recommendations.
SEC. 7. REVIEW BY THE OFFICE OF MANAGEMENT AND BUDGET.
(a) Review of Recommendations.--On receipt of the recommendations
of the Board under section 6(g), the Director shall conduct a review of
the recommendations.
(b) Report to Board and Congress.--
(1) In general.--Not later than 30 days after the date of
receipt of the recommendations of the Board under section 6(g),
the Director shall submit to the Board and to Congress a report
that describes the approval or disapproval of the
recommendations.
(2) Testimony by board.--On request of any of the Committee
on Environment and Public Works of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, or the Committee on
Oversight and Government Reform of the House of Representatives
and before the Director submits the report under paragraph (1),
the Board shall appear and testify before the requesting
committee.
(c) Approval or Disapproval.--If the Director--
(1) approves the recommendations of the Board, the Director
shall submit to Congress a copy of the recommendations and a
certification of the approval;
(2) disapproves of the recommendations of the Board, in
whole or in part--
(A) the Director shall submit to the Board and to
Congress the reasons for the disapproval; and
(B) not later than 30 days after the date of
disapproval, the Board shall submit to the Director a
revised list of recommendations;
(3) approves the revised recommendations of the Board
submitted under paragraph (2)(B), the Director shall submit to
Congress a copy of the revised recommendations and a
certification of the approval; and
(4) does not submit to Congress an approval and
certification in accordance with paragraph (1) or (3) by the
date that is 30 days after the date of receipt of the
recommendations or revised recommendations of the Board, the
review process under this section shall terminate until the
following year.
SEC. 8. IMPLEMENTATION OF BOARD RECOMMENDATIONS.
(a) Carrying Out Recommendations.--
(1) In general.--A Federal agency shall--
(A) Not later than 60 days after the date on which
the Board submits recommendations to the Director and
to Congress under paragraph (1) or (3) of section 7(c),
begin preparation to carry out the recommendations of
the Board;
(B) initiate all activities not later than 2 years
after the date on which the Director submits the
recommendations of the Board to Congress; and
(C) not later than the end of the 6-year period
beginning on the date on which the Director submits to
Congress the recommendations of the Board, complete the
implementation of all recommended actions.
(2) Actions.--Each recommended action taken by a Federal
agency under paragraph (1) shall be economically beneficial and
cost-neutral or otherwise favorable to the Federal Government.
(3) Extenuating circumstances.--In the case of a
recommended action that will take longer than the 6-year period
described in paragraph (1)(C) due to extenuating circumstances,
a Federal agency shall notify the Director and Congress as soon
as the extenuating circumstance becomes apparent with an
estimated time to complete the relevant action.
(b) Actions of Federal Agencies.--Pursuant to subsection (c), in
taking an action related to any Federal building or facility under this
Act, a Federal agency may, take all such necessary and proper actions,
including--
(1) acquiring land, constructing replacement facilities,
performing such other activities, and conducting such 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 property to be sold by clarifying zoning and other
limitations on use of the property.
(c) Necessary and Proper Actions.--
(1) In general.--Except as provided in paragraph (2), in
acting on a recommendation of the Board, a Federal agency
shall--
(A) act within any authority delegated to the
agency; and
(B) if the agency has not been delegated the
authority to act on the recommendation, work in
partnership with the Administrator to carry out the
recommendation.
(2) Actions of administrator.--The Administrator may take
such necessary and proper actions, including the sale,
conveyance, or exchange of civilian real property, as are
required to implement the recommendations of the Board in the
time period described in subsection (a)(1)(C).
(3) Expert commercial real estate services.--A Federal
agency may enter into no-cost nonappropriated contracts for
expert commercial real estate services to carry out the
responsibilities of the agency 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) Disposal of Real Properties.--Any recommendation or
commencement of a sale, disposal, consolidation, reconfiguration,
colocation, or realignment of civilian real property shall not be
subject to--
(1) the first section through section 3 of the Act of May
19, 1948 (16 U.S.C. 667b et seq.);
(2) sections 107 and 317 of title 23, United States Code;
(3) section 545(b)(8) of title 40, United States Code;
(4) sections 550, 553, and 554 of title 40, United States
Code;
(5) section 1304(b) of title 40, United States Code;
(6) section 47151 of title 49, 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 Federal Government for no
consideration; and
(9) any congressional notification requirement (other than
that under section 545 of title 40, United States Code).
(f) Public Benefit.--
(1) In general.--On the date on which the Director submits
to Congress the recommendations of the Board under paragraph
(1) or (3) of section 7(c) (except those buildings recommended
under section 6(b)), the Director shall submit to the Secretary
of Housing and Urban Development all known information on the
buildings or properties included in the recommendations.
(2) Action by secretary.--Not later than 30 days after the
Secretary of Housing and Urban Development receives the
information described in paragraph (1), the Secretary shall
identify any suitable properties for use as a proprerty
benefitting 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).
(g) Environmental Considerations.--
(1) Transfer of real property.--
(A) In general.--In implementing the
recommendations of the Board under section 6(g), and
subject to paragraph (2) a Federal agency may enter
into an agreement with any person to transfer real
property by deed pursuant to section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)).
(B) Additional terms.--
(i) In general.--The head of the Federal
agency disposing of property under this
paragraph may require any additional terms and
conditions in connection with an agreement
authorized by subparagraph (A) as the head of
the agency considers appropriate to protect the
interests of the United States.
(ii) No effect on rights or obligations.--
Additional terms and conditions described in
clause (i) shall not affect or diminish any
rights or obligations of a Federal agency under
section 120 of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620).
(2) Cost certification.--The head of a Federal agency shall
not transfer real property or facilities under paragraph (1)
unless the head of the 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 Federal agency
disposing of the property with respect to the property
or facilities are equal to or greater than the fair
market value of the property or facilities to be
transferred, as determined by the head of the agency;
or
(B) if the costs described in subparagraph (A) are
less than the fair market value of the property or
facilities, the recipient of the property or facilities
has agreed to pay the difference between the fair
market value and those costs.
(3) Payment to recipient of real property.--In the case of
a property covered by a certification under paragraph (2)(A),
the Federal agency disposing of the property may pay the
recipient of the property or facilities an amount equal to the
lesser of--
(A) the amount by which the costs incurred by the
recipient of the property or facilities for all
environmental restoration, waste management, and
environmental compliance activities with respect to the
property or facilities exceed the fair market value of
the property or facilities as specified in the
certification; and
(B) the amount by which the costs (as determined by
the head of the Federal agency disposing of the
property) that would otherwise have been incurred by
the Secretary of Housing and Urban Development for the
restoration, waste management, and environmental
compliance activities with respect to the property or
facilities exceed the fair market value of the property
or facilities as specified in the certification.
(4) Disclosure to recipient.--As part of an agreement under
paragraph (1), the head of the Federal agency disposing of the
property shall, in accordance with applicable law and before
entering into an agreement, disclose to the person to whom the
property or facilities will be transferred information
possessed by the agency regarding the environmental
restoration, waste management, and environmental compliance
activities described in this subsection that relate to the
property or facilities.
(5) Time extensions.--For the purposes of granting time
extensions under subsection (a), the Director shall give the
need for significant environmental remediation to a piece of
property more weight than any other factor in determining
whether to grant a 2-year extension to implement a Board
recommendation.
(6) Savings provision.--Nothing in this Act modifies,
alters, or amends--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
SEC. 9. FUNDING.
(a) Establishment of Salaries and Expenses Account.--
(1) Establishment of account.--There is established in the
Treasury of the United States an account to be known as the
``Federal Real Property Reform Board --Salaries and Expenses''
account.
(2) Necessary payments.--There shall be deposited into the
account established by paragraph (1) 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) Establishment of Asset Proceeds and Space Management Fund.--
(1) In general.--There is established within the Federal
Buildings Fund established by section 592 of title 40, United
States Code, an account to be known as the ``Federal Real
Property Reform Board --Asset Proceeds and Space Management
Fund'', which shall be used solely for the purposes of carrying
out actions under section 8, pursuant to the recommendations of
the Board approved under section 7.
(2) Amounts deposited into fund.--Notwithstanding section
3307 of title 40, United States Code, the fund established by
paragraph (1) shall consist of--
(A) such amounts as are provided in appropriations
Acts, to remain available until expended, for the
consolidation, colocation, exchange, redevelopment,
reconfiguration of space, disposal, and other actions
recommended by the Board for Federal agencies; and
(B) amounts received from the sale of any civilian
real property action taken pursuant to a recommendation
of the Board.
(3) Use of funds.--
(A) In general.--The amounts deposited in the fund
under paragraph (2) shall be made available for
obligation or expenditure only as provided in advance
in appropriation Acts for the purposes described in
subparagraphs (A) and (B) of paragraph (2).
(B) Use of proceeds.--As provided in appropriations
Acts, proceeds under paragraph (2)(B) may be made
available to cover necessary costs associated with
implementing the recommendations pursuant to section 8,
including costs associated with--
(i) sales transactions;
(ii) acquiring land, construction,
constructing replacement facilities, conducting
advance planning and design as may be required
to transfer functions from a Federal asset or
property to another Federal civilian property;
(iii) colocation, redevelopment, disposal,
and reconfiguration of space; and
(iv) other actions recommended by the Board
for Federal agencies.
(c) Additional Requirement.--
(1) In general.--Not less frequently than annually, the
President shall submit to Congress a report that includes--
(A) an estimate of proceeds from implementing the
recommendations of the Board; and
(B) the obligations and expenditures needed to
support those recommendations.
(2) Submission.--The report under paragraph (1) may be
submitted along with another annual submission to Congress,
including the budget submitted by the President under section
1105 of title 31, United States Code.
SEC. 10. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.
Section 3307(b) of title 40, United States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a description of how the proposed project is
consistent with criteria established in section 5(b) of the
Federal Asset Sale and Transfer Act of 2015.''.
SEC. 11. PRECLUSION OF JUDICIAL REVIEW.
The following actions shall not be subject to judicial review:
(1) An action taken pursuant to section 6 or section 7.
(2) An action taken by the Board.
SEC. 12. IMPLEMENTATION REVIEW BY GAO.
On transmittal of the recommendations of the Board from the
Director to Congress under section 7, and not less frequently than
annually thereafter, the Comptroller General of the United States
shall--
(1) monitor and review the implementation activities of
Federal agencies pursuant to section 8; and
(2) report to Congress any findings and recommendations for
improvement of those activities.
SEC. 13. STREAMLINING THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) in subsection (b)(2)(A), by amending clause (ii) to
read as follows:
``(ii) in the case of surplus property--
``(I) for use to assist the homeless either
in accordance with this section or as a public
health use in accordance with paragraphs (1)
and (4) of section 203(k) of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 484(k) (1) and (4)); and
``(II) to provide permanent housing with or
without supportive services to assist the
homeless in accordance with this section.'';
(2) in subsection (c)(1)(A), in the matter preceding clause
(i), by striking ``in the Federal Register'' and inserting ``on
the website of the Department of Housing and Urban Development
or the General Services Administration'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``60 days'' and
inserting ``30 days'';
(B) by striking ``60-day period'' each place that
term appears and inserting ``30-day period''; and
(C) in paragraph (3), by adding at the end the
following: ``If the representative of the homeless does
not request a review of the determination of
unsuitability during the 20-day period described in
this paragraph, the property shall not be included in
any subsequent publication under subsection
(c)(1)(A)(ii) unless the landholding agency makes
changes to the property, including 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 ``90 days'' and inserting
``75 days'';
(ii) by striking ``a complete application''
and inserting ``an initial application''; and
(iii) by adding at the end the following:
``An initial application shall set forth (A)
the services that will be offered, (B) the need
for the services, and (C) the experience that
the applicant has that demonstrates the ability
to provide the services.'';
(B) in paragraph (3)--
(i) by striking ``25 days after receipt of
a completed application'' and inserting ``10
days after the date on which the Secretary of
Health and Human Services receives an initial
application under paragraph (2)''; and
(ii) by striking ``an application'' and
inserting ``an initial application''; and
(C) by adding at the end the following:
``(4) Not later than 45 days after the date on which the
Secretary of Health and Human Services approves an initial
application under paragraph (3), the applicant shall submit to
the Secretary of Health and Human Services a final application,
which shall set forth a reasonable plan to finance the approved
program.
``(5) Not later than 15 days after the date on which the
Secretary of Health and Human Services receives a final
application under paragraph (4), 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 a final application.''; and
(5) in subsection (f)(1), by striking ``available by'' and
inserting ``available, at the discretion of the applicant,
by''.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act--
(1) $2,000,000 for salaries and expenses of the Board; and
(2) $40,000,000 to be deposited into the Federal Real
Property Reform Board--Asset Proceeds and Space Management Fund
established by section 9(b) for activities related to the
implementation of recommendations of the Board.
Calendar No. 544
114th CONGRESS
2d Session
S. 2375
[Report No. 114-291]
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A BILL
To decrease the deficit by consolidating and selling excess Federal
tangible property, and for other purposes.
_______________________________________________________________________
July 6, 2016
Reported with an amendment