Text: H.R.4465 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-287 (12/16/2016)

 
[114th Congress Public Law 287]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 1463]]

Public Law 114-287
114th Congress

                                 An Act


 
 To decrease the deficit by consolidating and selling Federal buildings 
 and other civilian real property, and for other purposes. <<NOTE: Dec. 
                       16, 2016 -  [H.R. 4465]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Federal Assets 
Sale and Transfer Act of 2016. 40 USC 1303 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Assets Sale 
and Transfer Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Board.
Sec. 5. Board meetings.
Sec. 6. Compensation and travel expenses.
Sec. 7. Executive Director.
Sec. 8. Staff.
Sec. 9. Contracting authority.
Sec. 10. Termination.
Sec. 11. Development of recommendations to Board.
Sec. 12. Board duties.
Sec. 13. Review by OMB.
Sec. 14. Implementation of Board recommendations.
Sec. 15. Authorization of appropriations.
Sec. 16. Funding.
Sec. 17. Congressional approval of proposed projects.
Sec. 18. Preclusion of judicial review.
Sec. 19. Implementation review by GAO.
Sec. 20. Agency retention of proceeds.
Sec. 21. Federal real property database.
Sec. 22. Streamlining McKinney-Vento Homeless Assistance Act.
Sec. 23. Additional property.
Sec. 24. Sale of 12th and Independence.
Sec. 25. Sale of Cotton Annex.

SEC. 2. PURPOSES.

    The purpose of this Act is to reduce the costs of 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;

[[Page 130 STAT. 1464]]

            (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.
SEC. 3. DEFINITIONS.

    In <<NOTE: Applicability.>>  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

[[Page 130 STAT. 1465]]

                                    (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.
SEC. 4. BOARD.

    (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) <<NOTE: President.>>  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) <<NOTE: Consultation.>>  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.

[[Page 130 STAT. 1466]]

            (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.
SEC. 5. BOARD MEETINGS.

    (a) <<NOTE: Public information.>>  Open Meetings.--Each meeting of 
the Board, other than meetings in which classified information is to be 
discussed, shall be open to the public. <<NOTE: Federal Register, 
publication. Web posting. Deadline.>>  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.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--
            (1) Rate of pay for members.--Each member, other than the 
        Chairperson, shall be paid at a rate equal to the daily 
        equivalent of the minimum annual rate of basic pay payable for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code, for each day (including travel time) 
        during which the member is engaged in the actual 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.

[[Page 130 STAT. 1467]]

SEC. 7. EXECUTIVE DIRECTOR.

    (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.
SEC. 8. STAFF.

    (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).
SEC. 9. CONTRACTING AUTHORITY.

    (a) Experts and Consultants.--The Board, to the extent practicable 
and subject to appropriations Acts, shall use contracts, including 
nonappropriated contracts, entered into by the Administrator for 
services necessary to carry out the duties of the Board.
    (b) <<NOTE: Consultation.>>  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.
SEC. 10. <<NOTE: Time period.>>  TERMINATION.

    The Board shall cease operations and terminate 6 years after the 
date of enactment of this Act.
SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD.

    (a) Submissions of Agency Information and Recommendations.-- 
<<NOTE: Deadlines.>> 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

[[Page 130 STAT. 1468]]

                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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Review.>>  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) <<NOTE: Consultation.>>  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.-- 
<<NOTE: Applicability.>> Standards developed by the Director of OMB 
pursuant to subsection (b) shall

[[Page 130 STAT. 1469]]

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) <<NOTE: Federal Register, publication.>>  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. <<NOTE: Notification.>>  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.
SEC. 12. BOARD DUTIES.

    (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) <<NOTE: Deadline.>>  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. <<NOTE: Notification.>>  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).

[[Page 130 STAT. 1470]]

            (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) <<NOTE: Deadlines.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Recommenda- tions.>>  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 section 11. If, in the opinion of 
the Board, an agency fails to provide 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) <<NOTE: Deadline. Evaluation.>>  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. <<NOTE: Applicability. Recommenda- 
tions. Determination.>>  Such accounting system shall be applied in 
developing the Board's recommendations and determining the highest 
return to the taxpayer. In <<NOTE: Time period.>>  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.--

[[Page 130 STAT. 1471]]

            (1) <<NOTE: Web posting.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Public information.>>  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.
SEC. 13. REVIEW BY OMB.

    (a) Review of Recommendations.--Upon receipt of the Board's 
recommendations pursuant to subsections (b) and (g) of section 12, the 
Director of OMB shall conduct a review of the recommendations.
    (b) Report to Board and Congress.--Not later than 30 days after the 
receipt of the Board's 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) <<NOTE: Records. Certification.>>  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) <<NOTE: Records.>>  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) <<NOTE: Deadline.>>  Revised recommendations.--Not later 
        than 30 days after the receipt of reasons for disapproval under 
        paragraph

[[Page 130 STAT. 1472]]

        (2), the Board shall transmit to the Director of OMB revised 
        recommendations for approval.
            (4) <<NOTE: Certification.>>  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.
SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS.

    (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--

[[Page 130 STAT. 1473]]

                          (i) <<NOTE: Consultation.>>  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) <<NOTE: Partnership.>>  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

[[Page 130 STAT. 1474]]

        screening pursuant to section 501 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11411).
            (3) <<NOTE: Determination.>>  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

[[Page 130 STAT. 1475]]

                    (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.).
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act an 
initial appropriation of--
            (1) $2,000,000 for salaries and expenses of the Board; and
            (2) $40,000,000 to be deposited into the Asset Proceeds and 
        Space Management Fund for activities related to the 
        implementation of the Board's recommendations.
SEC. 16. FUNDING.

    (a) Salaries and Expenses Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States an account to be known as the ``Public 
        Buildings Reform Board 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

[[Page 130 STAT. 1476]]

        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) <<NOTE: President. Estimate.>>  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.
SEC. 17. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

    Section 3307(b) of title 40, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of 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.''.
SEC. 18. PRECLUSION OF JUDICIAL REVIEW.

    The following actions shall not be subject to judicial review:
            (1) Actions taken pursuant to sections 12 and 13.
            (2) Actions of the Board.
SEC. 19. IMPLEMENTATION REVIEW BY GAO.

    Upon <<NOTE: Deadline.>>  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.

[[Page 130 STAT. 1477]]

SEC. 20. AGENCY RETENTION OF PROCEEDS.

    (a) In General.--Section 571 of title 40, United States Code, is 
amended by striking subsections (a) and (b) and inserting the following:
    ``(a) Proceeds From Transfer or Sale of Real Property.--
            ``(1) Deposit of net proceeds.--Net 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 <<NOTE: Time 
        periods.>>  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.
SEC. 21. FEDERAL REAL PROPERTY DATABASE.

    (a) <<NOTE: Deadline. Publication.>>  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.

[[Page 130 STAT. 1478]]

            (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) <<NOTE: Consultation.>>  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) <<NOTE: Public information. Website.>>  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.
SEC. 22. STREAMLINING 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 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) <<NOTE: Time period.>>  in paragraph (3) by 
                adding at the end the following: ``If no such review of 
                the determination is requested within

[[Page 130 STAT. 1479]]

                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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Review.>>  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. <<NOTE: Public 
information. Records.>>  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''.
SEC. 23. ADDITIONAL PROPERTY.

    Section 549(c)(3)(B)(vii) of title 40, United States Code, is 
amended to read as follows:
                          ``(vii) a museum attended by the 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;''.
SEC. 24. SALE OF 12TH AND INDEPENDENCE.

    (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.

[[Page 130 STAT. 1480]]

    (b) <<NOTE: Deadline.>>  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.
SEC. 25. SALE OF COTTON ANNEX.

    (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) <<NOTE: Deadline.>>  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.

    Approved December 16, 2016

LEGISLATIVE HISTORY--H.R. 4465 (S. 2375):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-578, Pt. 1 (Comm. on Transportation and 
Infrastructure) and Pt. 2 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 114-291 (Comm. on Homeland Security and Governmental 
Affairs) accompanying S. 2375.
CONGRESSIONAL RECORD, Vol. 162 (2016):
            May 23, considered and passed House.
            Dec. 9, considered and passed Senate.

                                  <all>