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H. Rept. 114-578 - FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016 (Parts 1 - 2)114th Congress (2015-2016)

Committee Report

Report Type:	House Report
Accompanies:	H.R.4465
Committees:	Transportation and Infrastructure (Part 1) Oversight and Government Reform (Part 2)

Reports for H.R.4465

All parts of this report: Part 1 Part 2

H. Rept. 114-578, Part 2 - 114th Congress (2015-2016)

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House Report 114-578 - FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016

[House Report 114-578]
[From the U.S. Government Publishing Office]

114th Congress } { Rept. 114-578
HOUSE OF REPRESENTATIVES
2d Session } { Part 2
======================================================================

FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016

_______

May 23, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following

R E P O R T

[To accompany H.R. 4465]

[Including cost estimate of the Congressional Budget Office]

The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4465) to decrease the deficit by
consolidating and selling Federal buildings and other civilian
real property, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.

CONTENTS

Page
Committee Statement and Views.................................... 13
Section-by-Section............................................... 19
Explanation of Amendments........................................ 26
Committee Consideration.......................................... 26
Application of Law to the Legislative Branch..................... 26
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 26
Statement of General Performance Goals and Objectives............ 26
Duplication of Federal Programs.................................. 26
Disclosure of Directed Rule Makings.............................. 26
Federal Advisory Committee Act................................... 27
Unfunded Mandate Statement....................................... 27
Earmark Identification........................................... 27
Committee Estimate............................................... 27
Budget Authority and Congressional Budget Office Cost Estimate... 27
Changes in Existing Law Made by the Bill, as Reported............ 30

The amendment is as follows:
Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Federal Assets Sale
and Transfer Act of 2016''.
(b) Table of Contents.--

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

SEC. 2. PURPOSES.

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

SEC. 3. DEFINITIONS.

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

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) Membership.--
(1) In general.--The Board shall be composed of a Chairperson
appointed by the President, by and with the advice and consent
of the Senate, and 6 members appointed by the President.
(2) Appointments.--In selecting individuals for appointments
to the Board, the President shall 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.--Vacancies shall be filled in the same manner
as the original appointment.
(5) Qualifications.--In selecting individuals for appointment
to the Board, the President shall ensure that the Board
contains individuals with expertise representative of the
following:
(A) Commercial real estate and redevelopment.
(B) Space optimization and utilization.
(C) Community development, including transportation
and planning.

SEC. 5. BOARD MEETINGS.

(a) Open Meetings.--Each meeting of the Board, other than meetings in
which classified information is to be discussed, shall be open to the
public. Any open meeting shall be announced in the Federal Register and
the Federal Web site established by the Board at least 14 calendar days
in advance of a meeting. For all public meetings, the Board shall
release an agenda and a listing of materials relevant to the topics to
be discussed.
(b) Quorum and Meetings.--Five Board members shall constitute a
quorum for the purposes of conducting business and 3 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.

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

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) 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 5 Federal civilian real
properties that are not on the list of surplus or
excess as of such date with a total fair market value
of not less than $500,000,000 and not more than
$750,000,000; and
(B) transmit the list of the Federal civilian real
properties to the Director of OMB and Congress as Board
recommendations and subject to the approval process
described in section 13.
(2) Information and data.--In order to meet the goal
established under paragraph (1), each Federal agency shall
provide, upon request, any and all information and data
regarding its civilian real properties to the Board. The Board
shall notify the committees listed in section 5(c) of any
failure by an agency to comply with a request of the Board.
(3) Factors.--In identifying properties pursuant to paragraph
(1), the Board shall consider the factors listed in section
11(b)(3).
(4) Leaseback restrictions.--None of the existing
improvements on properties sold under this subsection may be
leased back to the Government.
(5) Report of excess.--Not later than 60 days after the
approval of Board recommendations pursuant to paragraph (1),
Federal agencies with custody, control, or administrative
jurisdiction over the identified properties shall submit a
Report of Excess to the General Services Administration.
(6) Sale.--
(A) Initiation of sale.--Not later than 120 days
after the acceptance by the Administrator of the Report
of Excess and notwithstanding any other provision of
law (including section 501 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411), but except
as provided in section 14(g)), the General Services
Administration shall initiate the sale of the civilian
real properties described in paragraph (1).
(B) Completion of sale.--Not later than 1 year after
the acceptance of the Report of Excess, the
Administrator shall sell the civilian real properties
at fair market value at highest and best use, unless
the Director of OMB determines it is in the financial
interest of the Government to execute a sale more than
a year after the acceptance of the Report of Excess,
but not greater than two years after the acceptance of
the Report of Excess.
(c) Analysis of Inventory.--The Board shall perform an independent
analysis of the inventory of Federal civilian real property and the
recommendations submitted pursuant to section 11. The Board shall not
be bound or limited by the recommendations submitted pursuant to
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) Accounting System.--Not later than 120 days after the date of
enactment of this Act, the Board shall identify or develop and
implement a system of accounting to be used to independently evaluate
the costs of and returns on the recommendations. Such accounting system
shall be applied in developing the Board's recommendations and
determining the highest return to the taxpayer. In applying the
accounting system, the Board shall set a standard performance period of
not less than 15 years.
(f) Public Hearing.--The Board shall conduct public hearings. All
testimony before the Board at a public hearing under this subsection
shall be presented under oath.
(g) Reporting of Information and Recommendations.--
(1) In general.--Subject to the schedule and limitations
specified in paragraph (2), the Board shall transmit to the
Director of OMB, and publicly post on a Federal Web site
maintained by the Board, reports containing the Board's
findings, conclusions, and recommendations for--
(A) the consolidation, exchange, co-location,
reconfiguration, lease reductions, sale, outlease, and
redevelopment of Federal civilian real properties; and
(B) other operational efficiencies that can be
realized in the Government's operation and maintenance
of such properties.
(2) Schedule and limitations.--
(A) First round.--Not later than 2 years after the
date of transmittal of the list of properties
recommended pursuant to subsection (b), the Board shall
transmit to the Director of OMB the first report
required under paragraph (1). The total value of
transactions contained in the first report may not
exceed $2,500,000,000.
(B) Second round.--Not earlier than 3 years after the
date of transmittal of the first report, the Board
shall transmit to the Director of OMB the second report
required under paragraph (1). The total value of
transactions contained in the second report may not
exceed $4,750,000,000.
(3) Consensus in majority.--The Board shall seek to develop
consensus recommendations, but if a consensus cannot be
obtained, the Board may include in the reports required under
this subsection recommendations that are supported by a
majority of the Board.
(h) Federal Web Site.--The Board shall establish and maintain a
Federal Web site for the purposes of making relevant information
publicly available.
(i) Review by GAO.--The Comptroller General of the United States
shall transmit to Congress and the Board a report containing a detailed
analysis of the recommendations and selection process.

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

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

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 an
appropriation normally covered by that section exceeds
$20,000,000) for the purposes specified:
(A) Such amounts as are provided in appropriations
Acts, to remain available until expended, for the
consolidation, co-location, exchange, redevelopment,
reconfiguration of space, disposal, and other actions
recommended by the Board for Federal agencies.
(B) Amounts received from the sale of any civilian
real property action taken pursuant to a recommendation
of the Board.
(4) Use of amounts to cover costs.--As provided in
appropriations Acts, amounts in the Fund may be made available
to cover necessary costs associated with implementing the
recommendations pursuant to section 14, including costs
associated with--
(A) sales transactions;
(B) acquiring land, construction, constructing
replacement facilities, and conducting advance planning
and design as may be required to transfer functions
from a Federal asset or property to another Federal
civilian property;
(C) co-location, redevelopment, disposal, and
reconfiguration of space; and
(D) other actions recommended by the Board for
Federal agencies.
(c) Additional Requirement for Budget Contents.--The President shall
transmit along with the President's budget submitted pursuant to
section 1105 of title 31, United States Code, an estimate of proceeds
that are the result of the Board's recommendations and the obligations
and expenditures needed to support such recommendations.

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 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.

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

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) in paragraph (3) by adding at the end the
following: ``If no such review of the determination is
requested within the 20-day period, such property will
not be included in subsequent publications unless the
landholding agency makes changes to the property (e.g.
improvements) that may change the unsuitable
determination and the Secretary subsequently determines
the property is suitable.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``(2)'' and inserting
``(2)(A)'';
(ii) in subparagraph (A) (as so designated)--
(I) by striking ``90 days'' and
inserting ``75 days''; and
(II) by striking ``a complete
application'' and inserting ``an
initial application''; and
(iii) by adding at the end the following:
``(B) An initial application shall set forth--
``(i) the services that will be offered;
``(ii) the need for the services; and
``(iii) the experience of the applicant that demonstrates the
ability to provide the services.'';
(B) in paragraph (3) by striking ``25 days after
receipt of a completed application'' and inserting ``10
days after receipt of an initial application''; and
(C) by adding at the end the following:
``(4) If the Secretary of Health and Human Services approves an
initial application, the applicant has 45 days in which to provide a
final application that sets forth a reasonable plan to finance the
approved program.
``(5) No later than 15 days after receipt of the final application,
the Secretary of Health and Human Services shall review, make a final
determination, and complete all actions on the final application. The
Secretary of Health and Human Services shall maintain a public record
of all actions taken in response to an application.''; and
(5) in subsection (f)(1) by striking ``available by'' and
inserting ``available, at the applicant's discretion, by''.

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;''.

Committee Statement and Views

PURPOSE AND SUMMARY

H.R. 4465, the Federal Assets Sale and Transfer Act of
2016, would reduce the costs of managing the federal
government's real property portfolio. The bill establishes the
Public Buildings Reform Board, a six-year board for identifying
opportunities for cost savings and deficit reduction by
reducing the federal government's inventory of civilian real
property. The bill establishes agency data submission
requirements to inform the Board's recommended actions, a
process for approval of the Board's recommendations, and
requirements for implementation of approved recommendations.
In addition, the bill streamlines the federal real property
disposal process through updates to the McKinney-Vento Homeless
Assistance Act, creates a statutory requirement for a federal
real property database that is publicly accessible, and
incentivizes additional real property footprint reduction and
savings efforts by allowing agency retention of sale proceeds
for specific disposal related purposes.

BACKGROUND AND NEED FOR LEGISLATION

The federal government continues to maintain too much
excess and underutilized property. Since 2003, the Government
Accountability Office (GAO) has designated federal real
property management as a high-risk area, citing concerns about
the reliability of real property data, the deteriorating
conditions of facilities, the quantity of excess and
underutilized properties, an overreliance on leasing, and
building security.\1\ The federal government is the largest
single holder of real property in the United States, with more
than 920,000 assets in its inventory,\2\ including 275,000
buildings.\3\ According to the most recent data reported, the
cost to the taxpayer for operating unneeded building space was
$1.6 billion annually.\4\
---------------------------------------------------------------------------
\1\Gov't Accountability Office, High-Risk Series: An Update (Feb.
2015) (GAO-15-290), at 136-141, available at http://www.gao.gov/assets/
670/668415.pdf (last visited Apr. 19, 2016) [hereinafter GAO, High-Risk
Series (2015)].
\2\General Serv. Admin., FY 2014 Fed. Real Property Profile (FRPP)
Open Data Set, at Table 20: FY 2014 U.S. & U.S. Territories--Asset
Status by Number of Assets, available at http://www.gsa.gov/portal/
content/102880 (last visited Apr. 19, 2016).
\3\General Serv. Admin., FY 2014 Summary of Real Property Data Set,
available at http://www.gsa.gov/portal/mediaId/227451/fileName/
Summary_of_FY_2014_Real_Property_Open_Data_Set.action (last visited
Apr. 19, 2016).
\4\General Serv. Admin., FY 2010 Fed. Real Property Report, at 6,
available at http://www.gsa.gov/graphics/ogp/
FY_2010_FRPP_Report_Final.pdf; See also Cong. Research Serv., Fed. Real
Property Data: Limitations & Implications for Oversight, at 3-5, (Nov.
25, 2015) (R44286).
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More effective management of federal property would offer
improved opportunities for the federal government to right-size
its real estate portfolio, reduce costs, and achieve savings
through the sale of unneeded properties. The federal government
could realize billions of dollars in savings by disposing of
unneeded or underutilized property, as well as consolidating
and co-locating properties to realize cost efficiencies. Given
current fiscal realities, the federal government can no longer
afford to pay to operate and maintain vacant buildings and
unneeded or underutilized properties.

Establishment of the Public Buildings Reform Board

H.R. 4465 is the product of longstanding bipartisan efforts
to address critical issues with the federal government's
management of its civilian real property portfolio. H.R. 4465
creates a structure for expeditiously disposing of unneeded and
underutilized federal civilian real property assets, with the
goal of generating significant revenues and cost savings to the
taxpayer. As a central way to begin achieving these goals, H.R.
4465 establishes the Public Buildings Reform Board (Board),
which terminates after six years. The independent Board will be
composed of experts in fields such as commercial real estate,
development, space optimization, and utilization, with the
purpose of taking a fresh look at what should be done to drive
out waste and maximize efficiencies in the government's real
property portfolio. The Board will then make recommendations to
the Office of Management and Budget (OMB) on properties that
can be sold, consolidated, leased, co-located, reconfigured, or
even transferred. If OMB approves the Board's recommendations,
H.R. 4465 requires agencies to implement the recommended
actions in an expeditious and efficient manner with the goal of
maximizing savings to the taxpayer.
Agencies will use their existing legal authorities--as well
as authorities delegated to the agency by the Administrator of
the General Services Administration (GSA)--and work in
partnership with GSA to proceed with actions recommended by the
Board. H.R. 4465 includes a provision allowing federal agencies
to enter into no cost, nonappropriated contracts for expert
commercial real estate services as part of the agencies'
efforts to implement Board recommendations. GSA currently makes
use of no cost, nonappropriated contracts, and this provision
encourages other federal agencies to do so when it is the
appropriate method. All actions should be geared toward
obtaining efficiencies and should be in the best interest of
the taxpayer.
The Board is largely equipped to carry out its functions
using existing government resources, but there is a one-time
appropriation of $2 million for salaries and expenses of the
Board and the Executive Director. Office space and the
accompanying personal property, such as telephones, desks,
chairs, and office supplies, will all be provided by GSA. The
Administrator is directed to work with the Board and the
Executive Director to ensure that GSA appropriately and
adequately provides the personal property needs. The Board will
also rely on existing federal employees to assist the Board in
performing its functions. The Executive Director, with the
approval of the Board and the Director of OMB, may appoint
additional staff by requesting detailees from agencies. Upon
this request, the head of any federal agency is required to
detail the requested personnel of that agency to the Board for
not more than two years. When requesting and providing
detailees, the Executive Director, Board, Director of OMB, and
the head of the federal agency shall work in partnership to
ensure that the Board has adequate and consistent staffing to
perform its duties. Any staff rotations are to be timed with
consideration toward staffing needs, continuity, and the
transfer of information and knowledge between detailees.
In addition to the $2 million for salaries and expenses,
the bill also authorizes a one-time appropriation of $40
million--placed in a revolving fund--for the initial
implementation of the Board's recommendations. This fund will
be augmented by the net proceeds from the sale of federal
civilian real property pursuant to a recommendation from the
Board and subject to appropriations. These funds can be used
for costs associated with a number of activities described in
the bill, as well as additional activities not expressly
described but covered under the provision allowing for other
actions recommended by the Board for Federal agencies. While
this is a seemingly broad category, the actions covered are
only those taken in an effort to carry out the actions
recommended by the Board and approved by OMB. This includes,
among other things, testing necessary for determining
environmental remediation requirements.
The bill includes a provision allowing the Board to receive
and consider proposals and other information submitted by the
private sector and state and local government officials. This
does not preclude the Board from also soliciting such
information from the private sector or state and local
government officials. The Board is not required to solicit
information because such a process would be particularly
burdensome; however, the Board may do so for cases where such
information might be helpful.

Transparency and efficiency measures

H.R. 4465 is designed to ensure agencies work together to
achieve the best possible outcome. Agencies are directed to
provide OMB, GSA, and the Board with accurate and complete
information that is responsive to their requests. All entities
are encouraged to be innovative in their recommendations. This
is an opportunity ripe for creative thinking with the ultimate
goal being obtaining cost savings for the taxpayer. H.R. 4465
is modeled toward efficiency and encourages private-sector-like
thinking and solutions. For example, H.R. 4465 requires an
expeditious identification and sale of high-value assets. These
sales are exempt from certain laws that might otherwise slow
the disposal process. Former GSA Public Buildings Commissioner
Joseph Moravec, who has many years of experience in the private
sector commercial real estate industry, testified to the
importance of such provisions for achieving results. He said,
``If a private sector result is expected, constraints on the
federal government that would not constrain a private seller
need to be modified, replaced, or suspended.''\5\ Aside from
certain requirements under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, the
identification of high-value assets round suspends the various
requirements that federal real property disposals are often
subject to. As stated by Mr. Moravec, this is an important step
for maximizing returns. The proceeds from sales under the high-
value assets round will be available to fund the remainder of
the actions pursuant to the Board's recommendations. The use of
these proceeds will also be subject to annual appropriations
legislation.
---------------------------------------------------------------------------
\5\H. Comm. on Oversight & Gov't Reform, Hearings on Disposal of
Federal Real Property: Legislative Proposals, 112th Cong. (July 27,
2011) (No. 112-82) (statement of F. Joseph Moravec, Former
Commissioner, GSA Public Buildings Service), available at https://
www.gpo.gov/fdsys/pkg/CHRG-112hhrg71985/pdf/CHRG-112hhrg71985.pdf
[hereinafter Statement of F. Joseph Moravec (July 27, 2011)].
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Congressional oversight is an important component of the
bill. Congress--in particular the Committees on Oversight and
Government Reform, Transportation and Infrastructure, and
Appropriations in the House and the Committees on Homeland
Security and Governmental Affairs, Environment and Public
Works, and Appropriations in the Senate--will have complete
access to all information and data surrounding activities taken
pursuant to this bill. In addition, the bill mandates analysis
and reviews by GAO, which will enhance Congressional oversight
and help ensure accountability. The bill also requires that all
information be provided to GAO. This is important for enabling
GAO to provide Congress with timely information that is
objective, nonpartisan, and fact-based.
H.R. 4465 ensures full transparency into the Board's
processes and decision-making. The Board is required to
establish and maintain a publicly accessible website, which is
an appropriate location for posting information the Board is
required to make publicly available under the bill.
H.R. 4465 includes a provision requiring a publicly
accessible database of federal real property to increase
transparency to the taxpayer and the private sector.
Importantly, this database will also serve to address a
longstanding concern raised by GAO. In particular, GAO has
cited poor data as one of its reasons for inclusion of federal
real property management on its annual High-Risk List.\6\
According to GAO, ``effective real property management and
reform are undermined by unreliable real property data.''\7\
H.R. 4465 is a necessary step in the right direction, as the
requirement that this data be publicly accessible and
searchable allows for greater oversight of agency data. This
will enable multiple groups to hold agencies accountable for
reporting accurate data. Given the enormous size of the federal
real property inventory, the legislation requires that this
data be publicly accessible in an open, machine-readable format
to allow taxpayers to make better use of the newly available
data. Further, H.R. 4465 requires that the database be set up
so that it permits users to search and sort the data, and that
it includes a means for users to download datasets produced
through criteria searches.
---------------------------------------------------------------------------
\6\GAO, High-Risk Series (2015), supra note 1.
\7\Id.
---------------------------------------------------------------------------
One of the key goals of the real property database is to
help inform agency management and decision-making with regard
to real property across the federal government. To ensure this
goal is achieved, it is necessary for the data reported across
the various agencies to be reported using consistent data
definitions and measurements, and the legislation ensures this
will be the case. To do this, H.R. 4465 specifies certain data
elements that must be included and permits GSA to collect
additional data for inclusion in the database. The data fields
required by H.R. 4465 are modeled on elements of the current
data dictionary for the Federal Real Property Profile (FRPP).
The FRPP was established by Executive Order 13327, which
charged GSA with developing a single, comprehensive database of
all federal real properties. Although some improvements have
been made in recent years, the FRPP is still plagued by
inaccurate data and limited accessibility.

Agency retention of proceeds

In addition to improved data quality through agency
accountability, H.R. 4465 gives other tools for the Federal
government to maximize efficiency of its real property
portfolio. The Federal government spends nearly $30 billion a
year on operating costs alone. H.R. 4465 is largely aimed at
obtaining efficiencies and other changes that will
significantly cut these annual operating costs. The bill
permanently incentivizes agencies to appropriately manage and
efficiently dispose of their real property assets by allowing
retention of sale proceeds, thus promoting additional savings
in the long-term. These incentives will go into effect
following the termination of the board. According to expert
testimony from Mr. Moravec:
Federal executives have inadequate financial
incentive to declare properties excess and turn them
over to GSA for disposal. Agencies incur front end
costs which are often not reimbursed, and in the
absence of special legislative authority, they do not
get to retain sales proceeds, even if their property
makes it to the open market and has any market
value.\8\
---------------------------------------------------------------------------
\8\Statement of F. Joseph Moravec (July 27, 2011), supra note 5.

Allowing agencies to retain net sale proceeds is a fiscally
responsible policy that incentivizes agencies to obtain long-
term savings while generating additional property sales. The
use of these funds would be subject to annual appropriations
legislation, with remaining amounts going to the Treasury for
deficit reduction after a predetermined period.

Streamlining and Updating the McKinney-Vento Act

H.R. 4465 streamlines the McKinney-Vento Act by providing
updates to better enable the conveyance of suitable properties
to homeless service providers. GAO found that ``according to
national homeless advocates, many homeless assistance providers
remain unaware of the availability of properties because the
Federal Register is not user-friendly.''\9\ H.R. 4465 requires
that the list of properties available for application for use
to assist the homeless be posted on the Department of Housing
and Urban Development (HUD) or GSA's websites, rather than in
the Federal Register. H.R. 4465 also allows buildings that are
not optimal for use by the homeless to be listed for sale more
quickly. In a February 26, 2016 letter of support for H.R.
4465, the National Law Center on Homelessness & Poverty
described the advantages offered by the bill:
---------------------------------------------------------------------------
\9\Gov't Accountability Office, Federal Real Property: More Useful
Information to Providers Could Improve the Homeless Assistance Program,
(Sept. 30, 2014) (GAO-14-739), available at http://www.gao.gov/
products/GAO-14-739.

First, the bill streamlines the Title V application
process in a manner that will make it more efficient
both for providers to apply for properties they will
use and for the government to dispose of properties
that are unsuitable for homeless assistance. Second,
the legislation gives successful Title V applicants
important flexibility in determining whether to take
the property by deed or lease. Finally, the bill
clarifies that permanent housing, with or without
supportive services, is an eligible use of property
acquired through Title V. While permanent housing with
supportive services is an important solution to the
problem of chronic homelessness, many homeless people
with no substance abuse problems--such as violence
victims-simply need housing for longer than local
shelters can provide, but do not require supportive
services.\10\
---------------------------------------------------------------------------
\10\Letter from Maria Foscarinis, Founder & Exec. Dir., Nat'l Law
Center on Homelessness & Poverty, to Jason Chaffetz, Chairman, H. Comm.
on Oversight & Gov't Reform, Elijah Cummings, Ranking Member, H. Comm.
on Oversight & Gov't Reform, et al. (Feb. 10, 2016).
---------------------------------------------------------------------------

Enhancing eligibility for museums

H.R. 4465 includes other long-term fixes. The bill includes
a provision that clarifies the eligibility requirements for
receiving certain personal property. Currently, GSA regulations
state that for a museum to be considered a museum attended by
the public, that museum must have posted hours of operation of
at least 1,000 hours per year.\11\ In an effort to make this
requirement less burdensome but to maintain the requirement
that the museum be regularly accessible to the public, H.R.
4465 includes a provision clarifying the meaning of ``a museum
attended by the public.'' With the change, a museum attended by
the public is one that accedes to reasonable requests submitted
for access during business hours.
---------------------------------------------------------------------------
\11\General Serv. Admin., Fed. Mgmt. Regulation, Part 102-37
Donation of Surplus Personal Property, Appendix C--Glossary of Terms
for Determining Eligibility of Pub. Agencies & Nonprofit Organizations,
available at http://www.gsa.gov/portal/ext/public/site/FMR/file/
Part102_37AppC.html/category/21858/#wp2019720 (last visited Apr. 19,
2016).
---------------------------------------------------------------------------

Public access consideration

The legislation also includes a requirement to consider
whether public access to agency services is maintained or
enhanced in the standards and criteria the Board use to develop
its recommendations. OMB is responsible for developing the
standards and criteria, which must include a list of
considerations established in the bill. Specifically, it will
require that the Board consider whether public access to agency
services would be maintained or enhanced if the Board makes a
specific recommendation for a facility, such as a
consolidation, co-location, or transfer of that facility.
This provision will help prevent unintended, negative
consequences of transferring agency services to a different
building, such as moving services to a building with no public
parking and no public transportation option or moving Social
Security Administration (SSA) services or Veterans Affairs
services to a building with inadequate access for those with
limited mobility. The impetus of this provision was an incident
where public access issues occurred when SSA consolidated
offices and functions from two buildings into one building.\12\
In this case, public SSA services were moved to a building that
had not served in a customer-facing capacity and thus was not
outfitted for such purposes.\13\ SSA has since taken steps to
address the access issues.\14\
---------------------------------------------------------------------------
\12\See e.g. Sandra Ramirez, Parking scarcity torments new Social
Security office, KOAT.com, Aug. 3, 2015, available at http://
www.koat.com/news/parking-scarcity-torments-new-social-security-office/
34514470; Rosalie Rayburn, Social Security office in ABQ has new digs,
Albuquerque Journal, Aug. 3, 2015, available at http://
www.abqjournal.com/622618/abqnewsseeker/social-security-office-in-abq-
has-new-digs.html; Parking remains a problem for downtown Social
Security Office, KOAT.com, Aug. 12, 2015, available at http://
www.koat.com/news/parking-remains-a-problem-for-downtown-social-
security-office/34685746 (last visited Apr. 19, 2016).
\13\Id.
\14\Id.
---------------------------------------------------------------------------

LEGISLATIVE HISTORY

H.R. 4465, the Federal Assets Sale and Transfer Act of
2016, was introduced on February 4, 2016 by Congressman Jeff
Denham (R-CA) and referred to the Committee on Transportation
and Infrastructure and the Committee on Oversight and
Government Reform. On March 2, 2016, the Committee on
Transportation and Infrastructure ordered H.R. 4465 favorably
reported, without amendment. On April 14, 2016, the Committee
on Oversight and Government Reform held a business meeting and
considered H.R. 4465. During consideration of H.R. 4465,
Chairman Jason Chaffetz (R-UT) offered an amendment in the
nature of a substitute, and Congresswoman Michelle Lujan
Grisham (D-NM) offered an amendment to the amendment in the
nature of a substitute. The Committee agreed to both amendments
by voice vote. Following the adoption of the amendments, the
Committee ordered H.R. 4465 favorably reported, as amended, a
quorum being present. Representatives Jason Chaffetz (R-UT),
Bill Shuster (R-PA), Elijah Cummings (D-MD), Peter DeFazio (D-
OR), Lou Barletta (R-PA), and Andre Carson (D-IN) are original
cosponsors.
Additionally, provisions contained in H.R. 4465 have passed
the House in previous Congresses. In the 112th Congress, H.R.
1734, the Civilian Property Realignment Act, introduced by
Congressman Jeff Denham passed the House. Also in the 112th
Congress, H.R. 665, the Excess Federal Building and Property
Disposal Act of 2012, introduced by Congressman Jason Chaffetz,
passed the House. In the 113th Congress, Congressman Denham
introduced H.R. 695, the Civilian Property Realignment Act.
Also in the 113th Congress, Congressman Chaffetz introduced
H.R. 328, the Excess Federal Building and Property Disposal Act
of 2013, which the Committee on Oversight and Government Reform
ordered favorably reported by voice vote, without amendment, on
March 20, 2013.
Additionally, the Committee on Oversight and Government
Reform has held a number of hearings on federal real property
disposal. On July 27, 2011, the Committee on Oversight and
Government Reform held a hearing titled, Disposal of Federal
Real Property: Legislative Proposals. On February 27, 2013, the
Subcommittee on Government Operations held a hearing titled,
Failures in Managing Federal Real Property: Billions in Losses.
On July 29, 2014, the Subcommittee on Government Operations
held a hearing titled, Federal Real Property: Eliminating Waste
and Mismanagement of Real Property Assets.

Section-by-Section

Section 1. Short title; Table of contents

Designates the short title of the bill as the Federal
Assets Sale and Transfer Act of 2016.

Section 2. Purposes

This section establishes the purposes of the legislation,
which are aimed at reducing the costs of Federal real estate in
the immediate and long-term future. These purposes include
improving efficiency in the makeup of the footprint of Federal
buildings and facilities through consolidating, selling or
redeveloping, maximizing utilization of space, and assisting
agencies in achieving sustainability goals by reducing excess
space, inventory, and energy consumption. Other goals of the
bill include reducing the reliance on leased space, the
operating and maintenance costs of properties, and the
redundancy, overlap, and costs associated with field offices.
The bill aims to help facilitate agencies achieving greater
efficiency and cost reductions by creating incentives for
agencies to do so, by facilitating and expediting sales and
disposals of unneeded real properties, and by improving the
efficiency of real property transfers for the provisions of
service to the homeless.

Section 3. Definitions

This section defines terms used throughout the bill. The
section defines the terms Federal civilian real property and
civilian real property, excluding from those definitions
certain properties under the jurisdiction of the Coast Guard,
on military installations, on Indian reservations, or belonging
to an Indian tribe or individual. It excludes properties used
for Federal programs for agricultural, recreational, or
conservation purposes, as well as those used in connection with
river, harbor, reclamation, or power projects. Naval vessels,
national parks, United States Postal Service properties, and
Tennessee Valley Authority properties are all excluded. The
definition also excludes properties determined for exclusion
for national security reasons.
This section defines the value of transactions as the sum
of estimated costs and estimated proceeds.

Section 4. Board

This section sets up a Public Buildings Reform Board (the
Board). The Board consists of a presidentially-appointed and
Senate-confirmed Chairperson, and six other presidentially-
appointed members. Each Board member has a six-year term.
The President is to consult with the Speaker and majority/
minority leaders of the House and Senate in making
appointments. Appointees should have expertise in commercial
real estate and development, space optimization and
utilization, and/or community development.

Section 5. Board meetings

This section sets forth the requirements for Board
meetings, including transparency requirements. The section
establishes a quorum of five members, with three or more
members constituting a meeting. The section makes clear the
requirement of full disclosure of all information surrounding
and related to the Board's activities to the Chairpersons and
ranking members of the listed committees of Congress, as well
as the related subcommittees. All information, proceedings, and
deliberations are also available to the Government
Accountability Office (GAO) upon request.

Section 6. Compensation and travel expenses

This section establishes the rate of pay of the Board
Members and Chairperson. Board Members are to be paid according
to level IV of the Executive Schedule. The Chairperson is to be
paid according to level III of the Executive Schedule.
Compensation is based on each day the member is actually
engaged in their duties. The section allows travel expenses for
the members in accordance with sections 5702 and 5703 of Title
5, United States Code.

Section 7. Executive Director

This section requires the appointment of an Executive
Director. The Board appoints the Executive Director, who is
permitted to be excepted from Title 5 regarding appointments in
the competitive service. The Executive Director is to be paid
according to level IV of the Executive Schedule.

Section 8. Staff

This section explains the allowances for staff, requiring
the Board to rely on existing federal employees to assist the
Board in performing its functions. The Executive Director, with
the approval of the Board and the Director of the Office of
Management and Budget (OMB), may appoint additional staff by
requesting details from other agencies. To the extent
practicable, the Board shall obtain staff with expertise in one
or more of the following: commercial real estate and
redevelopment, space optimization and utilization, and
community development, including transportation and planning.

Section 9. Contracting authority

This section clarifies the Board's contracting authority.
When practicable and subject to funding, the Board is to use
General Services Administration (GSA) contracts. GSA will
consult with the Board to identify existing office space and
equipment for the Board.

Section 10. Termination

This section states the Board's termination date. The Board
will terminate six years from the date of enactment of the Act.

Section 11. Development of recommendations to Board

This section requires federal agencies to develop
recommendations to the Board. Each agency head shall make
recommendations on properties that can be sold, consolidated,
transferred, exchanged, collocated, reconfigured, redeveloped,
or otherwise disposed to reduce operating costs. The head of
each federal agency also provides GSA and OMB with data on
Federal civilian real property owned, leased, or controlled by
the agency and data related to the condition, use, operation,
and costs of the properties. Each agency is required to provide
the current data and recommendations 120 days after enactment
of this Act and, thereafter, 120 days after the first day of
each fiscal year until termination of the Board.
OMB will consult with GSA to develop standards and criteria
to use to review recommendations, and then use those standards
and criteria to conduct the review. The standards and criteria
will incorporate elements that OMB and GSA determine
appropriate. This section requires that the standards and
criteria include the following factors:
(A) The extent to which the civilian real property
could be sold, redeveloped, outleased, or otherwise
used to produce the highest and best value and return
for the taxpayer;
(B) The extent to which 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 industry standards in
the private sector;
(D) The extent to which potential costs and savings
occur, as well as when those costs and savings are
realized;
(E) The extent to which reliance on leasing is
reduced;
(F) The extent to which civilian real property aligns
with the current agency mission;
(G) The extent to which opportunities exist for
consolidation of similar operations across multiple
agencies or within agencies;
(H) The economic impact on surrounding communities;
(I) The extent to which energy consumption is
reduced; and
(J) The extent to which public access to agency
services is maintained or enhanced.
The standards and criteria must incorporate and apply clear
standard utilization rates--to the extent that such standard
rates increase efficiency and provide performance data--
consistent throughout each applicable category of space and
with nongovernment space utilization rates.
Using the standards and criteria, OMB and GSA will develop
recommendations to the Board. The Director of OMB then submits
standards, criteria, and recommendations to the Board,
including all supporting information and analyses. The Director
of OMB must submit to the Board the aforementioned information
no later than 60 days after the deadline for agency data
submissions.
The standards and criteria are then published in the
Federal Register and transmitted to the appropriate committees
of Congress and to GAO.
The section also requires federal agencies to provide the
Board with additional information pertaining to the civilian
real properties upon request. The Board shall notify the
appropriate congressional committees if they encounter any
difficulty obtaining the pertinent information.

Section 12. Board duties

This section explains the duties of the Board. The Board
will identify opportunities to reduce the real property
inventory, identify high-value assets, conduct an independent
analysis of the real property inventory, and establish an
accounting system to weigh the costs and returns of the
recommendations. The Board will also conduct public hearings.
The Board will establish and maintain a Federal web site.
This section requires the Board to make initial
recommendations within the first 180 days to sell high-value
assets, where the value of transactions would be between $500
and $750 million. The Board will send its recommendations to
OMB and Congress and post them publicly on the Board's website.
Agencies are required to submit a Report of Excess on these
properties after the recommendations are approved by OMB, as
detailed in the following section. GSA is responsible for the
sale of these properties and must do so within one year after
the acceptance of the Report of Excess. In extenuating
circumstances, the Director of OMB may determine 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 two years after the acceptance of the Report
of Excess.
GSA must sell the properties at fair market value at
highest and best use. Other recommendations are made in two
additional rounds found later in this section.
This section makes clear that the Board is to notify the
appropriate congressional committees if an agency does not
comply with a request for information or data from the Board.
The Board may receive and consider proposals and other
information submitted by the private sector. The Board may also
receive and consider proposals and other information from State
and local officials, and the Board must consult with those
officials that make submissions. All of the information
submitted to the Board by the private sector or State and local
officials is to be made publicly available.
This section defines the timelines and construct for two
additional rounds of Board recommendations. The total value of
transactions for the first round are capped at $2.5 billion,
and $4.75 billion for the second round. The Board is to develop
and post publicly on the Board's web site reports containing
the Board's findings, conclusions, and recommendations for the
following:
(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.
GAO will conduct a detailed analysis of the Board's
recommendations and submit a report of the analysis to Congress
and the Board.

Section 13. Review by OMB

This section requires OMB review and approval or
disapproval of Board recommendations. OMB shall review the
Board's recommendations and transmit to Congress either their
approval or their denial of portions/all of the Board's
recommendations. The Board has 30 days to revise
recommendations if OMB disapproves.
OMB can accept or reject the revisions. If rejected, the
process is terminated until the following round.

Section 14. Implementation of Board recommendations

This section gives agencies 60 days from the day OMB
transmits the approved recommendations to Congress to begin
preparations to carry out the Board's recommendations and 2
years to initiate all activities necessary to carry out the
recommendations. Agencies have six years to complete
recommendations, except for extenuating circumstances. Agencies
are to work with GSA to carry out recommendations, and agencies
are to continue to act within their existing legal authorities
to facilitate the recommendations.
This section makes a sale, disposal, consolidation,
reconfiguration, or co-location of property under the Act not
subject to numerous provisions of existing law that authorize
the no-cost conveyance of property.
On the same day OMB transmits the recommendations to
Congress, OMB submits the properties to the Department of
Housing and Urban Development (HUD) for review pursuant to the
McKinney-Vento Homeless Assistance Act.
The Director of OMB may exclude properties from disposal if
the property is suitable for use as a public park or recreation
area, but only if its use as such is in the best interest of
the taxpayer.
This section allows federal agencies to enter into no cost,
nonappropriated contracts for expert commercial real estate
services as part of the agencies efforts to implement the
Board's recommendations.
This section establishes a special option for agency
disposition, including transfer, of Federal real property with
environmental contamination concerns.

Section 15. Authorization of appropriations

This section authorizes an initial $2 million in salaries
and expenses and $40 million for the Asset Proceeds and Space
Management Fund for activities related to implementation of
Board recommendations. Both are one-time authorizations.

Section 16. Funding

This section establishes the necessary accounts for
salaries and expenses, as well as an account to receive the
proceeds from property sales to fund activities related to
implementation of the recommendations. The account related to
the implementation of Board recommendations is established
within the Federal Buildings Fund and is titled the Public
Buildings Reform Board--Asset Proceeds and Space Management
Fund.

Section 17. Congressional approval of proposed projects

This section requires GSA to include statements in
prospectuses submitted to Congress that show consistency with
the standards and criteria discussed earlier in the
legislation.

Section 18. Preclusion of judicial review

This section limits judicial review on certain actions,
including actions taken by the Board and actions taken pursuant
to the Board's recommendations.

Section 19. Implementation review by GAO

This section requires GAO to monitor agency activities
related to the Board's recommendations and to report to
Congress on any findings and recommendations annually.

Section 20. Agency retention of proceeds

This section makes permanent changes to the disposal
process after termination of the Board. The changes allow for
agencies to retain, in appropriate accounts, the net proceeds
from the transfer of excess real property or the sale, lease,
or other disposition of surplus real property. The net proceeds
can then be used to pay for subsequent disposal-related
activity, but only if authorized in annual appropriations Acts.
Once deposited in the appropriate accounts, agencies have three
years to obligate and five years to expend the net proceeds
under this authority. Net proceeds not obligated or expended
under this authority return to the Treasury to go toward
deficit reduction.

Section 21. Federal real property database

This section creates a statutory requirement for GSA to
create a comprehensive database on real property. The database
will contain certain prescribed information. The database must
be publicly accessible in an open, machine-readable format.
This section requires that the database is set up so that it
permits users to search and sort the data, and that it includes
a means for users to download the data retrieved from their
searching and sorting.
This section requires that the database includes the
following information for each Federal real property:
(1) Geographic location, including address and
relevant description;
(2) Total size of the facility;
(3) Whether it is currently, or will in the future
be, needed to support the agency's mission or function;
(4) Utilization, including whether it is excess,
surplus, underutilized, or unutilized;
(5) Number of days it has been excess, surplus,
underutilized, or unutilized;
(6) Annual operating costs; and
(7) Replacement value.
Information that may be sensitive for reason of national
security is exempt from inclusion in the publicly accessible
database. Certain information exempted from release under the
Freedom of Information Act (5 U.S.C. 552(b)) are similarly
exempt from public release via the Federal real property
database.

Section 22. Streamlining McKinney-Vento Homeless Assistance Act

This section streamlines and updates the process under the
McKinney-Vento Homeless Assistance Act. This section requires
that the list of properties available for application for use
to assist the homeless is posted on HUD or GSA's websites,
rather than in the Federal Register. This section expedites the
application process. The provision of permanent housing to the
homeless, regardless of whether or not additional services are
provided, will now be considered an eligible use to assist the
homeless.

Section 23. Additional property

This section amends section 549(c)(3)(B)(vii) of title 40
to clarify requirements for eligibility to receive certain
personal property, which will in turn broaden the scope of
entities eligible to receive such property. It requires the
Administrator of GSA to consider a museum to be a museum
attended by the public if the museum--a nonprofit educational
or public health institution or organization--accedes to any
reasonable request submitted for access during business hours.

Explanation of Amendments

During Full Committee consideration of the bill, Chairman
Jason Chaffetz (R-UT) offered an amendment in the nature of a
substitute to make a number of technical revisions to enhance
the bill. Congresswoman Michelle Lujan Grisham (D-NM) offered
an amendment to the amendment in the nature of a substitute,
which was adopted by voice vote. The Chaffetz amendment in the
nature of a substitute, as amended, was then adopted by voice
vote, and its provisions are reflected in the section by
section analysis of this report.

Committee Consideration

On April 14, 2016, the Committee met in open session and
ordered reported favorably the bill, H.R. 4465, as amended, by
voice vote, a quorum being present.

Application of Law to the Legislative Branch

Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill seeks to improve the management of the federal
government's real property portfolio. As such this bill does
not relate to employment or access to public services and
accommodations.

Statement of Oversight Findings and Recommendations of the Committee

In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.

Statement of General Performance Goals and Objectives

In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals or objective of the bill is to decrease the deficit by
consolidating and selling Federal buildings and other civilian
real property.

Duplication of Federal Programs

No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.

Disclosure of Directed Rule Makings

The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.

Federal Advisory Committee Act

The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).

Unfunded Mandate Statement

Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.

Earmark Identification

This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.

Committee Estimate

Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.

Budget Authority and Congressional Budget Office Cost Estimate

With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, May 19, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4465, the Federal
Assets Sale and Transfer Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.

H.R. 4465--Federal Assets Sale and Transfer Act of 2016

Summary: H.R. 4465 aims to better manage federal real
property by reducing the inventory of such property and the
cost of maintaining the remaining inventory. The bill would
establish the Public Buildings Reform Board (board) to provide
recommendations to the Office of Management and Budget (OMB)
regarding specific federal properties that should be sold. The
board would be charged with recommending specific operational
efficiencies that could be implemented to reduce the inventory
and cost of the government's real estate holdings. The
legislation also would authorize the appropriation of $2
million to fund the board and $40 million to implement the
board's recommendations.
Assuming appropriation of the specified amounts, CBO
estimates that implementing H.R. 4465 would cost $8 million in
2017 and about $40 million over the 2017-2021 period. If the
board's recommendations lead to the sale of facilities, the
legislation also would result in additional receipts. However,
CBO has no basis to estimate whether the board's
recommendations would result in the sale of any properties that
would not otherwise be sold under current law. Enacting the
bill would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 4465 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4465 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary effects of H.R. 4465 are shown in the following
table. The costs of this legislation fall within all budget
functions that contain federal real property other than 050
(national defense).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Public Buildings Reform Board:
Authorization Level................................. 2 0 0 0 0 2
Estimated Outlays................................... * * * * * 2
Asset Proceeds and Space Management Fund:
Authorization Level................................. 40 0 0 0 0 40
Estimated Outlays................................... 7 7 7 7 6 34
Other Requirements:
Estimated Authorization Level....................... 1 * * * * 3
Estimated Outlays................................... 1 * * * * 3
Total Changes:
Estimated Authorization Level................... 43 0 0 0 0 45
Estimated Outlays............................... 8 7 7 7 6 39
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500.000; components may not sum to totals because of rounding.

Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2016, that the
authorized amounts will be appropriated, and that spending will
follow historical patterns for similar management efforts.

Public Buildings Reform Board

H.R. 4465 would establish an independent board to recommend
to OMB properties that could be sold in order to reduce the
inventory of federal civilian real property. The board would
consist of seven members appointed by the President. H.R. 4465
would specify two major objectives for the board. First, the
board would be required to identify and recommend the sale of
at least five federal civilian properties with a combined
estimated fair market value of between $500 million and $750
million. Second, the legislation would require the board to
recommend to OMB opportunities to consolidate, exchange, sell,
or redevelop federal properties to further reduce the inventory
of civilian real property and to reduce operating costs. All
recommendations made by the board would be available to the
public on a government website.
Under the bill, the board would terminate after six years.
H.R. 4465 would authorize the appropriation of $2 million for
the board's expenses. Assuming appropriation of those amounts,
CBO estimates the board would spend about $2 million over the
2017-2021 period.

Asset Proceeds and Space Management Fund

H.R. 4465 would establish a fund to help agencies cover any
costs associated with implementing the board's recommendations.
During its six-year term, the board would primarily work with
the General Services Administration (GSA) to consolidate,
reconfigure, redevelop, or co-locate agency operations in order
to make additional properties available for sale. The bill
would authorize the appropriation of $40 million for those
purposes. Assuming appropriation of the specified amount, CBO
estimates that agencies would spend about $7 million annually
over the 2017-2021 period to prepare federal properties for
sale or achieve other operational efficiencies.

Other requirements

H.R. 4465 would require GSA and federal civilian agencies
to prepare additional reports and recommendations about their
real property holding and would require GSA to improve its
database of federal property. CBO estimates that implementing
those provisions would increase the workloads of GSA and other
agencies. In addition, the Government Accountability Office
would be required to report on all the recommendations. Based
on information from GSA and some landholding agencies, CBO
estimates that those activities would cost $3 million over the
2017-2021 period; such spending would be subject to the
availability of appropriated funds.

Effect on federal property sales

Under current law, before an agency can offer federal real
property that it considers to be surplus for sale to the
public, the agency must first offer that property to other
federal agencies, state and local governments, and in some
cases nonprofit organizations, at no cost. H.R. 4465 would
exempt properties recommended for sale by the board from those
requirements, except for the purpose of alleviating
homelessness. CBO does not expect that exemption would increase
the proceeds from selling surplus properties above the expected
amounts under current law because other barriers to selling
such property will still exist.
Based on information from GSA and other agencies that hold
significant amounts of real property, CBO has concluded that
there are at least two other obstacles that constrain the
amount of property offered for sale and ultimately sold to the
public.\1\
---------------------------------------------------------------------------
\1\For more information on the barriers to selling federal real
property see Congressional Budget Office, letter to Honorable Darrell
E. Issa containing an analysis of a proposal to expedite the disposal
of federal civilian real property (June 27. 2011).
---------------------------------------------------------------------------
First, agencies generally lack funds to prepare
properties for sale, including relocating any users of such
properties. To help implement the board's recommendations, the
bill would authorize appropriations to cover the costs of
moving, consolidating, marketing, renovating property. However,
those amounts may not be sufficient to cover such costs.
Furthermore, any additional proceeds from sales would depend on
the enactment of appropriated amounts and cannot be attributed
to this bill.
Second, many agencies resist efforts to sell
property and prefer to leverage the value of their holdings
rather than sell them outright. In most cases property-holding
agencies do not have access to any of the proceeds from a sale
of their property. However, they may have other authorities
that enable them to add to their budgetary resources; for
example, some agencies can lease unused real property and spend
those proceeds on mission-related or administrative purposes.
Whether or not the board that would be created by H.R. 4465
could overcome such resistance is unclear.
For these reasons, CBO has no basis to estimate whether the
board's recommendations for $8 billion in changes to the
federal government real estate holdings would result in
additional receipts.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 4465
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO Estimate: On May 17, 2016, CBO transmitted a
cost estimate for S. 2375, the Federal Asset Sale and Transfer
Act of 2015, as ordered reported by the Senate Committee on
Homeland Security and Governmental Affairs on December 9, 2015.
On May 19, 2016, CBO transmitted a cost estimate for H.R. 4465,
as ordered reported by the House Committee on Transportation
and Infrastructure on March 2, 2016. Both versions of H.R. 4465
and S. 2375 aim to better manage federal real property by
reducing the inventory of such property and the cost of
maintaining the remaining inventory; CBO's estimate of their
costs are the same.
Estimate prepared by: Federal spending: Matthew Pickford;
Impact on state, local, and tribal governments: Jon Sperl;
Impact on the private sector: Paige Piper/Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):

TITLE 40, UNITED STATES CODE

* * * * * * *
SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

* * * * * * *

CHAPTER 5--PROPERTY MANAGEMENT

* * * * * * *

Subchapter III--DISPOSING OF PROPERTY

* * * * * * *

Sec. 549. Donation of personal property through state agencies

(a) Definitions.--In this section, the following definitions
apply:
(1) Public agency.--The term ``public agency''
means--
(A) a State;
(B) a political subdivision of a State
(including a unit of local government or
economic development district);
(C) a department, agency, or instrumentality
of a State (including instrumentalities created
by compact or other agreement between States or
political subdivisions); or
(D) an Indian tribe, band, group, pueblo, or
community located on a state reservation.
(2) State.--The term ``State'' means a State of the
United States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa.
(3) State agency.--The term ``state agency'' means an
agency designated under state law as the agency
responsible for fair and equitable distribution,
through donation, of property transferred under this
section.
(b) Authorization.--
(1) In general.--The Administrator of General
Services, in the Administrator's discretion and under
regulations the Administrator may prescribe, may
transfer property described in paragraph (2) to a state
agency.
(2) Property.--
(A) In general.--Property referred to in
paragraph (1) is any personal property that--
(i) is under the control of an
executive agency; and
(ii) has been determined to be
surplus property.
(B) Special rule.--In determining whether the
property is to be transferred for donation
under this section, no distinction may be made
between property capitalized in a working-
capital fund established under section 2208 of
title 10 (or similar fund) and any other
property.
(3) No cost.--Transfer of property under this section
is without cost, except for any costs of care and
handling.
(c) Allocation and Transfer of Property.--
(1) In general.--The Administrator shall allocate and
transfer property under this section in accordance with
criteria that are based on need and use and that are
established after consultation with state agencies to
the extent feasible. The Administrator shall give fair
consideration, consistent with the established
criteria, to an expression of need and interest from a
public agency or other eligible institution within a
State. The Administrator shall give special
consideration to an eligible recipient's request,
transmitted through the state agency, for a specific
item of property.
(2) Allocation among states.--The Administrator shall
allocate property among the States on a fair and
equitable basis, taking into account the condition of
the property as well as the original acquisition cost
of the property.
(3) Recipients and purposes.--The Administrator shall
transfer to a state agency property the state agency
selects for distribution through donation within the
State--
(A) to a public agency for use in carrying
out or promoting, for residents of a given
political area, a public purpose, including
conservation, economic development, education,
parks and recreation, public health, and public
safety;
(B) for purposes of education or public
health (including research), to a nonprofit
educational or public health institution or
organization that is exempt from taxation under
section 501 of the Internal Revenue Code of
1986 (26 U.S.C. 501), including--
(i) a medical institution, hospital,
clinic, health center, or drug abuse
treatment center;
(ii) a provider of assistance to
homeless individuals or to families or
individuals whose annual incomes are
below the poverty line (as that term is
defined in section 673 of the Community
Services Block Grant Act (42 U.S.C.
9902));
(iii) a school, college, or
university;
(iv) a school for the mentally
retarded or physically handicapped;
(v) a child care center;
(vi) a radio or television station
licensed by the Federal Communications
Commission as an educational radio or
educational television station;
[(vii) a museum attended by the
public;]
(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;
(viii) a library serving free all
residents of a community, district,
State, or region; or
(ix) a historic light station as
defined under section 305101(4) of
title 54, including a historic light
station conveyed under section 305103
of title 54, notwithstanding the number
of hours that the historic light
station is open to the public; or
(C) for purposes of providing services to
veterans (as defined in section 101 of title
38), to an organization whose--
(i) membership comprises
substantially veterans; and
(ii) representatives are recognized
by the Secretary of Veterans Affairs
under section 5902 of title 38.
(4) Exception.--This subsection does not apply to
property transferred under subsection (d).
(d) Department of Defense Property.--
(1) Determination.--The Secretary of Defense shall
determine whether surplus personal property under the
control of the Department of Defense is usable and
necessary for educational activities which are of
special interest to the armed services, including
maritime academies, or military, naval, Air Force, or
Coast Guard preparatory schools.
(2) Property usable for special interest
activities.--If the Secretary of Defense determines
that the property is usable and necessary for
educational activities which are of special interest to
the armed services, the Secretary shall allocate the
property for transfer by the Administrator to the
appropriate state agency for distribution through
donation to the educational activities.
(3) Property not usable for special interest
activities.--If the Secretary of Defense determines
that the property is not usable and necessary for
educational activities which are of special interest to
the armed services, the property may be disposed of in
accordance with subsection (c).
(e) State Plan of Operation.--
(1) In general.--Before property may be transferred
to a state agency, the State shall develop a detailed
state plan of operation, in accordance with this
subsection and with state law.
(2) Procedure.--
(A) Consideration of needs and resources.--In
developing and implementing the state plan of
operation, the relative needs and resources of
all public agencies and other eligible
institutions in the State shall be taken into
consideration. The Administrator may consult
with interested federal agencies to obtain
their views concerning the administration and
operation of this section.
(B) Publication and period for comment.--The
state plan of operation, and any major
amendment to the plan, may not be filed with
the Administrator until 60 days after general
notice of the proposed plan or amendment has
been published and interested persons have been
given at least 30 days to submit comments.
(C) Certification.--The chief executive
officer of the State shall certify and submit
the state plan of operation to the
Administrator.
(3) Requirements.--
(A) State agency.--The state plan of
operation shall include adequate assurance that
the state agency has--
(i) the necessary organizational and
operational authority and capability
including staff, facilities, and means
and methods of financing; and
(ii) established procedures for
accountability, internal and external
audits, cooperative agreements,
compliance and use reviews, equitable
distribution and property disposal,
determination of eligibility, and
assistance through consultation with
advisory bodies and public and private
groups.
(B) Equitable distribution.--The state plan
of operation shall provide for fair and
equitable distribution of property in the State
based on the relative needs and resources of
interested public agencies and other eligible
institutions in the State and their abilities
to use the property.
(C) Management control and accounting
systems.--The state plan of operation shall
require, for donable property transferred under
this section, that the state agency use
management control and accounting systems of
the same type as systems required by state law
for state-owned property. However, with
approval from the chief executive officer of
the State, the state agency may elect to use
other management control and accounting systems
that are effective to govern the use, inventory
control, accountability, and disposal of
property under this section.
(D) Return and redistribution for non-use.--
The state plan of operation shall require the
state agency to provide for the return and
redistribution of donable property if the
property, while still usable, has not been
placed in use for the purpose for which it was
donated within one year of donation or ceases
to be used by the donee for that purpose within
one year of being placed in use.
(E) Request by recipient.--The state plan of
operation shall require the state agency, to
the extent practicable, to select property
requested by a public agency or other eligible
institution in the State and, if requested by
the recipient, to arrange shipment of the
property directly to the recipient.
(F) Service charges.--If the state agency is
authorized to assess and collect service
charges from participating recipients to cover
direct and reasonable indirect costs of its
activities, the method of establishing the
charges shall be set out in the state plan of
operation. The charges shall be fair and
equitable and shall be based on services the
state agency performs, including screening,
packing, crating, removal, and transportation.
(G) Terms, conditions, reservations, and
restrictions.--
(i) In general.--The state plan of
operation shall provide that the state
agency--
(I) may impose reasonable
terms, conditions,
reservations, and restrictions
on the use of property to be
donated under subsection (c);
and
(II) shall impose reasonable
terms, conditions,
reservations, and restrictions
on the use of a passenger motor
vehicle and any item of
property having a unit
acquisition cost of $5,000 or
more.
(ii) Special limitations.--If the
Administrator finds that an item has
characteristics that require special
handling or use limitations, the
Administrator may impose appropriate
conditions on the donation of the
property.
(H) Unusable property.--
(i) Disposal.--The state plan of
operation shall provide that surplus
personal property which the state
agency determines cannot be used by
eligible recipients shall be disposed
of--
(I) subject to the
disapproval of the
Administrator within 30 days
after notice to the
Administrator, through transfer
by the state agency to another
state agency or through
abandonment or destruction if
the property has no commercial
value or if the estimated cost
of continued care and handling
exceeds estimated proceeds from
sale; or
(II) under this subtitle, on
terms and conditions and in a
manner the Administrator
prescribes.
(ii) Proceeds from sale.--
Notwithstanding subchapter IV of this
chapter and section 702 of this title,
the Administrator, from the proceeds of
sale of property described in
subsection (b), may reimburse the state
agency for expenses that the
Administrator considers appropriate for
care and handling of the property.
(f) Cooperative Agreements With State Agencies.--
(1) Parties to the agreement.--For purposes of
carrying out this section, a cooperative agreement may
be made between a state surplus property distribution
agency designated under this section and--
(A) the Administrator;
(B) the Secretary of Education, for property
transferred under section 550(c) of this title;
(C) the Secretary of Health and Human
Services, for property transferred under
section 550(d) of this title; or
(D) the head of a federal agency designated
by the Administrator, the Secretary of
Education, or the Secretary of Health and Human
Services.
(2) Shared resources.--The cooperative agreement may
provide that the property, facilities, personnel, or
services of--
(A) a state agency may be used by a federal
agency; and
(B) a federal agency may be made available to
a state agency.
(3) Reimbursement.--The cooperative agreement may
require payment or reimbursement for the use or
provision of property, facilities, personnel, or
services. Payment or reimbursement received from a
state agency shall be credited to the fund or
appropriation against which charges would otherwise be
made.
(4) Surplus property transferred to state agency.--
(A) In general.--Under the cooperative
agreement, surplus property transferred to a
state agency for distribution pursuant to
subsection (c) may be retained by the state
agency for use in performing its functions.
Unless otherwise directed by the Administrator,
title to the retained property vests in the
state agency.
(B) Conditions.--Retention of surplus
property under this paragraph is subject to
conditions that may be imposed by--
(i) the Administrator;
(ii) the Secretary of Education, for
property transferred under section
550(c) of this title; or
(iii) the Secretary of Health and
Human Services, for property
transferred under section 550(d) of
this title.

* * * * * * *

Subchapter IV--PROCEEDS FROM SALE OR TRANSFER

Sec. 571. General rules for deposit and use of proceeds

[(a) Deposit in Treasury as Miscellaneous Receipts.--
[(1) In general.--Except as otherwise provided in
this subchapter, proceeds described in paragraph (2)
shall be deposited in the Treasury as miscellaneous
receipts.
[(2) Proceeds.--The proceeds referred to in paragraph
(1) are proceeds under this chapter from a--
[(A) transfer of excess property to a federal
agency for agency use; or
[(B) sale, lease, or other disposition of
surplus property.
[(b) Payment of Expenses of Sale Before Deposit.--Subject to
regulations under this subtitle, the expenses of the sale of
old material, condemned stores, supplies, or other public
property may be paid from the proceeds of sale so that only the
net proceeds are deposited in the Treasury. This subsection
applies whether proceeds are deposited as miscellaneous
receipts or to the credit of an appropriation as authorized by
law.]
(a) Proceeds From Transfer or Sale of Real Property.--
(1) Deposit of net proceeds.--Net proceeds described
in subsection (c) shall be deposited into the
appropriate real property account of the agency that
had custody and accountability for the real property at
the time the real property is determined to be excess.
(2) Expenditure of net proceeds.--The net proceeds
deposited pursuant to paragraph (1) may only be
expended, as authorized in annual appropriations Acts,
for activities described in sections 543 and 545,
including paying costs incurred by the General Services
Administration for any disposal-related activity
authorized by this chapter.
(3) Deficit reduction.--Any net proceeds described in
subsection (c) from the sale, lease, or other
disposition of surplus real property that are not
expended under paragraph (2) shall be used for deficit
reduction. Any net proceeds not obligated within 3
years after the date of deposit and not expended within
5 years after such date shall be deposited as
miscellaneous receipts in the Treasury.
(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574.
(c) Net Proceeds.--The net proceeds described in this
subsection are proceeds under this chapter, less expenses of
the transfer or disposition as provided in section 572(a), from
a--
(1) transfer of excess real property to a Federal
agency for agency use; or
(2) sale, lease, or other disposition of surplus real
property.

* * * * * * *

SUBTITLE II--PUBLIC BUILDINGS AND WORKS

* * * * * * *

PART A--GENERAL

* * * * * * *

CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

* * * * * * *

Sec. 3307. Congressional approval of proposed projects

(a) Resolutions Required Before Appropriations May Be Made.--
The following appropriations may be made only if the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives adopt resolutions approving the purpose for
which the appropriation is made:
(1) An appropriation to construct, alter, or acquire
any building to be used as a public building which
involves a total expenditure in excess of $1,500,000,
so that the equitable distribution of public buildings
throughout the United States with due regard for the
comparative urgency of need for the buildings, except
as provided in section 3305(b) of this title, is
ensured.
(2) An appropriation to lease any space at an average
annual rental in excess of $1,500,000 for use for
public purposes.
(3) An appropriation to alter any building, or part
of the building, which is under lease by the Federal
Government for use for a public purpose if the cost of
the alteration will exceed $750,000.
(b) Transmission to Congress of Prospectus of Proposed
Project.--To secure consideration for the approval referred to
in subsection (a), the Administrator of General Services shall
transmit to Congress a prospectus of the proposed facility,
including--
(1) a brief description of the building to be
constructed, altered, or acquired, or the space to be
leased, under this chapter;
(2) the location of the building or space to be
leased and an estimate of the maximum cost to the
Government of the facility to be constructed, altered,
or acquired, or the space to be leased;
(3) a comprehensive plan for providing space for all
Government officers and employees in the locality of
the proposed facility or the space to be leased, having
due regard for suitable space which may continue to be
available in existing Government-owned or occupied
buildings, especially those buildings that enhance the
architectural, historical, social, cultural, and
economic environment of the locality;
(4) with respect to any project for the construction,
alteration, or acquisition of any building, a statement
by the Administrator that suitable space owned by the
Government is not available and that suitable rental
space is not available at a price commensurate with
that to be afforded through the proposed action;
(5) a statement by the Administrator of the economic
and other justifications for not acquiring a building
identified to the Administrator under section 3303(c)
of this title as suitable for the public building needs
of the Government;
(6) a statement of rents and other housing costs
currently being paid by the Government for federal
agencies to be housed in the building to be
constructed, altered, or acquired, or the space to be
leased; [and]
(7) with respect to any prospectus for the
construction, alteration, or acquisition of any
building or space to be leased, an estimate of the
future energy performance of the building or space and
a specific description of the use of energy efficient
and renewable energy systems, including photovoltaic
systems, in carrying out the project[.]; and
(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.
(c) Increase of Estimated Maximum Cost.--The estimated
maximum cost of any project approved under this section as set
forth in any prospectus may be increased by an amount equal to
any percentage increase, as determined by the Administrator, in
construction or alteration costs from the date the prospectus
is transmitted to Congress. The increase authorized by this
subsection may not exceed 10 percent of the estimated maximum
cost.
(d) Rescission of Approval.--If an appropriation is not made
within one year after the date a project for construction,
alteration, or acquisition is approved under subsection (a),
the Committee on Environment and Public Works of the Senate or
the Committee on Transportation and Infrastructure of the House
of Representatives by resolution may rescind its approval
before an appropriation is made.
(e) Emergency Leases by the Administrator.--This section does
not prevent the Administrator from entering into emergency
leases during any period declared by the President to require
emergency leasing authority. An emergency lease may not be for
more than 180 days without approval of a prospectus for the
lease in accordance with subsection (a).
(f) Minimum Performance Requirements for Leased Space.--With
respect to space to be leased, the Administrator shall include,
to the maximum extent practicable, minimum performance
requirements requiring energy efficiency and the use of
renewable energy.
(g) Limitation on Leasing Certain Space.--
(1) In general.--The Administrator may not lease
space to accommodate any of the following if the
average rental cost of leasing the space will exceed
$1,500,000:
(A) Computer and telecommunications
operations.
(B) Secure or sensitive activities related to
the national defense or security, except when
it would be inappropriate to locate those
activities in a public building or other
facility identified with the Government.
(C) A permanent courtroom, judicial chamber,
or administrative office for any United States
court.
(2) Exception.--The Administrator may lease space
with respect to which paragraph (1) applies if the
Administrator--
(A) decides, for reasons set forth in
writing, that leasing the space is necessary to
meet requirements which cannot be met in public
buildings; and
(B) submits the reasons to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
(h) Dollar Amount Adjustment.--The Administrator annually may
adjust any dollar amount referred to in this section to reflect
a percentage increase or decrease in construction costs during
the prior calendar year, as determined by the composite index
of construction costs of the Department of Commerce. Any
adjustment shall be expeditiously reported to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

* * * * * * *

----------

MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

* * * * * * *
TITLE V--IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY

SEC. 501. USE OF UNUTILIZED AND UNDERUTILIZED PUBLIC BUILDINGS AND REAL
PROPERTY TO ASSIST THE HOMELESS.

(a) Identification of Suitable Property.--The Secretary of
Housing and Urban Development shall, on a quarterly basis,
request information from each landholding agency regarding
Federal public buildings and other Federal real properties
(including fixtures) that are excess property or surplus
property or that are described as unutilized or underutilized
in surveys by the heads of landholding agencies under section
202(b)(2) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483(b)(2)). No later than 25 days after
receiving a request from the Secretary, the head of each
landholding agency shall transmit such information to the
Secretary. No later than 30 days after receiving such
information, the Secretary shall identify which of those
buildings and other properties are suitable for use to assist
the homeless.
(b) Availability of Property.--(1) The Secretary shall
promptly notify each Federal agency with respect to any
property of that agency that the Secretary has identified under
subsection (a). No later than 45 days after receipt of such a
notice, the head of the appropriate landholding agency shall
transmit to the Secretary the agency's response to property
identifications contained in such notification, which shall
include--
(A) in the case of unutilized or underutilized
property--
(i) a statement of intention to determine the
property excess to the agency's needs;
(ii) a statement of intention to make the
property available for use to assist the
homeless; or
(iii) a statement of the reasons (including a
full explanation of the need) the property
cannot be determined excess to the agency's
needs or made available for use to assist the
homeless; and
(B) in the case of excess property--
(i) a statement that there is no other
compelling Federal need for the property and,
therefore, the property will be determined
surplus; or
(ii) a statement that there is further and
compelling Federal need for the property
(including a full explanation of such need) and
that, therefore, the property is not presently
available for use to assist the homeless.
(2)[(A)] All properties identified by the Secretary under
subsection (a) shall be available for application--
[(i)] (A) in the case of property other than surplus
property, for use to assist the homeless in accordance
with the provisions of this section; [and]
[(ii)] (B) in the case of surplus property, 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)(4))[.]; and
(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.
(3) The Secretary shall maintain a written public record of--
(A) the identification of buildings and other
properties by the Secretary under this subsection and
the reasons for such identifications; and
(B) the responses of landholding agencies to such
identifications.
(c) Publication of Properties.--(1)(A) No later than 15 days
after the last day of the 45-day period provided for under
subsection (b)(1), the Secretary shall publish [in the Federal
Register] on the Web site of the Department of Housing and
Urban Development or the General Services Administration--
(i) a list of all properties reviewed by the
Secretary under subsection (a); and
(ii) a list of all properties that are available
under subsection (b)(2) for application for use to
assist the homeless.
(B) Each publication of properties shall include a
description and the location of each property (including the
address and zip code) and the current classification of each
property as unutilized, underutilized, excess property, or
surplus property.
(C) The Secretary shall make available to the public upon
request all information in the possession of the Department of
Housing and Urban Development (other than valuation
information), regardless of format, about all properties
reviewed and not identified as being suitable for use to assist
the homeless, including the reasons such properties were not so
identified.
(D) The Secretary shall publish separately, on an annual
basis, all properties identified as being suitable for use to
assist the homeless, but reported to be unavailable, and the
reasons such properties were unavailable.
(2)(A) No later than 15 days after the last day of the 45-day
period provided for under subsection (b)(1), the Secretary
shall transmit a copy of the list of available properties
published under paragraph (1)(A)(ii) to the United States
Interagency Council on Homelessness. The Council shall
immediately distribute to all State and regional homeless
coordinators area-relevant portions of the list.
(B) The Secretary, the Administrator, and the Secretary of
Health and Human Services shall make such efforts as are
necessary to ensure the widest possible dissemination of the
information on such list.
(C) The Secretary shall establish a toll-free number to
provide the public with specific information about properties
on such list.
(3) The Secretary shall make available to the public upon
request all information (other than valuation information)
regardless of format in the possession of the Department of
Housing and Urban Development about the properties published
under paragraph (1)(A), including environmental assessment
data. The Secretary shall maintain a current list of agency
contacts for making referrals of inquiries for information
about specific properties.
(4)(A) On December 31 of each year, the head of each
landholding agency shall report to the Secretary the current
availability status and the current classification of each
property controlled by the agency, that--
(i) was included in a list published in that year by
the Secretary under paragraph (1)(A)(ii); and
(ii) remains available for application for use to
assist the homeless or has become available for
application during that year.
(B) No later than February 15 each year, the Secretary shall
publish in the Federal Register a list of all properties
reported under subparagraph (A) for the preceding year and the
current classification of the properties.
(C) For purposes of subparagraph (A), property shall not be
considered to remain available for application for use to
assist the homeless after the 60-day holding period provided
under subsection (d) if--
(i) an application for or written expression of
interest in the property is made under any law for use
of the property for any purpose; or
(ii) the Administrator receives a bona fide offer to
purchase the property or advertises for the sale of the
property by public auction.
(d) Holding Period.--(1) Properties published under
subsection (c)(1)(A)(ii) as available for application for use
to assist the homeless shall not be available for any other
purpose for a [period of 60 days] period of 30 days beginning
on the date of such publication.
(2) If written notice of intent to apply for such a property
for use to assist the homeless is received by the Secretary of
Health and Human Services within the [60-day period] 30-day
period described under paragraph (1), such property may not be
made available for any other purpose until the date the
Secretary of Health and Human Services or other appropriate
landholding agency has completed action on the application
submitted under subsection (e) with respect to that written
notice of intent.
(3) Property that is reviewed by the Secretary under
subsection (a) and that is not identified by the Secretary as
being suitable for use to assist the homeless may not be made
available for any other purpose for 20 days after the
determination of unsuitability to allow for review of the
determination at the request of the representative of the
homeless. The Secretary shall disseminate immediately this
information to the regional offices of the Department of
Housing and Urban Development and to the United States
Interagency Council on Homelessness. If no such review of the
determination is requested within the 20-day period, such
property will not be included in subsequent publications unless
the landholding agency makes changes to the property (e.g.
improvements) that may change the unsuitable determination and
the Secretary subsequently determines the property is suitable.
(4)(A) Written notice of intent to apply for a property
published under subsection (c)(1)(A)(ii) may be filed at any
time after the [60-day period] 30-day period described in
paragraph (1) has expired. In such case, an application
submitted pursuant to the notice may be approved for disposal
for use to assist the homeless only if the property remains
available for application for use to assist the homeless. If
the property remains available, the use to assist the homeless
shall be given priority of consideration over other competing
disposal opportunities under section 203 of the Federal
Property and Administratives Services Act of 1949 (40 U.S.C.
484), except as provided in subsection (f)(3)(A).
(B) Surplus property for which an application has been
approved shall be assigned promptly to the Secretary of Health
and Human Services for disposition in accordance with and
subject to subsection (f).
(e) Application for Property.--(1) A representative of the
homeless may submit an application to the Secretary of Health
and Human Services for any property that is published under
subsection (c)(1)(A)(ii) as available for application for use
to assist the homeless.
(2)(A) No later than [90 days] 75 days after the submission
of written notice of intent to apply for a property, an
applicant shall submit [a complete application] an initial
application to the Secretary of Health and Human Services. The
Secretary of Health and Human Services shall, with the
concurrence of the appropriate landholding agency, grant
reasonable extensions.
(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.
(3) No later than [25 days after receipt of a completed
application] 10 days after receipt of an initial application,
the Secretary of Health and Human Services shall review, make
all determinations, and complete all actions on the
application. The Secretary of Health and Human Services shall
maintain a written public record of all actions taken in
response to an application.
(4) If the Secretary of Health and Human Services approves an
initial application, the applicant has 45 days in which to
provide a final application that sets forth a reasonable plan
to finance the approved program.
(5) No later than 15 days after receipt of the final
application, the Secretary of Health and Human Services shall
review, make a final determination, and complete all actions on
the final application. The Secretary of Health and Human
Services shall maintain a public record of all actions taken in
response to an application.
(f) Making Property Available to Representatives of the
Homeless.--(1) Subject to the provisions of this subsection,
property for which the Secretary of Health and Human Services
has approved an application under subsection (e) shall be made
promptly [available by] available, at the applicant's
discretion, by permit or lease, or by deed as a public health
use under 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)), to the representative of the
homeless that submitted the application.
(2) Unutilized or underutilized property that is the subject
of an agency's statement of intention under subsection
(b)(1)(A)(ii) shall be made promptly available by the
appropriate landholding agency to the approved applicant by
lease or permit for a term of not less than 1 year, unless the
applicant requests a shorter term.
(3)(A) In disposing of surplus property by deed or lease
under section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484), the Administrator and the
Secretary of Health and Human Services shall give priority of
consideration to uses to assist the homeless, unless the
Administrator or the Secretary of Health and Human Services
determines that a competing request for the property under
section 203(k) of such Act is so meritorious and compelling as
to outweigh the needs of the homeless.
(B) Whenever the Administrator or the Secretary of Health and
Human Services makes a determination under subparagraph (A),
the Administrator or the Secretary of Health and Human Services
shall transmit to the appropriate committees of the Congress an
explanatory statement detailing the need satisfied by
conveyance of the surplus property and the reasons for
determining that such need was so meritorious and compelling as
to outweigh the needs of the homeless.
(4) For any property made available by lease to a
representative of the homeless before the date of the enactment
of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1990, the Secretary of Health and Human Services may, upon
written request by the representative, convey such property by
deed to the representative in accordance with, and subject to
the requirements of, section 203(k) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(k)). The
lease term shall not be affected if a deed is not granted.
(g) Records.--The Secretary shall maintain a written public
record of--
(1) the reasons for determinations of the Secretary
under this section that property is suitable or
unsuitable for use to assist the homeless; and
(2) the responses of landholding agencies under
subsection (b)(1).
(h) Applicability to Property Under Base Closure Process.--
(1) The provisions of this section shall not apply to buildings
and property at military installations that are approved for
closure under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note) after the date of the enactment of this subsection.
(2) For provisions relating to the use to assist the homeless
of buildings and property located at certain military
installations approved for closure under such Act, or under
title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note), before such date, see section 2(e) of Base Closure
Community Redevelopment and Homeless Assistance Act of 1994.
(i) Definitions.--For purposes of this section--
(1) the term ``Administrator'' means the
Administrator of General Services;
(2) each of the terms ``excess property'' and
``surplus property'' has the meaning given that term
under section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472);
(3) the term ``landholding agency'' means a Federal
department or agency with statutory authority to
control real property;
(4) the term ``representative of the homeless'' means
a State or local government agency, or private
nonprofit organization, which provides services to the
homeless; and
(5) the term ``Secretary'' means the Secretary of
Housing and Urban Development, except as otherwise
provided.

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H. Rept. 114-578 - FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016 (Parts 1 - 2)114th Congress (2015-2016)

Committee Report

Reports for H.R.4465

H. Rept. 114-578, Part 2 - 114th Congress (2015-2016)

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