,,ii ,calendar ,no4 #efb #aadth ,,congress #b;d ,session ,h4 ,r4 #ddfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bd1 #bjaf,received ,july #ac1 #bjaf,read the first time ,july #ad1 #bjaf,read the second time and placed on the calendar ,,an ,,act ,to decrease the deficit by consolidating and selling ,federal buildings and other civilian real property1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,federal ,assets ,sale and ,transfer ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,purposes4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,board4 ,sec4 #e4 ,board meetings4 ,sec4 #f4 ,compensation and travel expenses4 ,sec4 #g4 ,executive ,director4 ,sec4 #h4 ,staff4 ,sec4 #i4 ,contracting authority4 ,sec4 #aj4 ,termination4 ,sec4 #aa4 ,development of recommendations to ,board4 ,sec4 #ab4 ,board duties4 ,sec4 #ac4 ,review by ,,omb4 ,sec4 #ad4 ,implementation of ,board recommendations4 ,sec4 #ae4 ,authorization of appropriations4 ,sec4 #af4 ,funding4 ,sec4 #ag4 ,congressional approval of proposed projects4 ,sec4 #ah4 ,preclusion of judicial review4 ,sec4 #ai4 ,implementation review by ,,gao4 ,sec4 #bj4 ,agency retention of proceeds4 ,sec4 #ba4 ,federal real property database4 ,sec4 #bb4 ,streamlining ,mc,kinney-,vento ,homeless ,assistance ,act4 ,sec4 #bc4 ,additional property4 ,sec4 #bd4 ,sale of #abth and ,independence4 ,sec4 #be4 ,sale of ,cotton ,annex4 #b4 ,purposes ,the purpose of this ,act is to reduce the costs of ,federal real estate by-- 7#a7 consolidating the footprint of ,federal buildings and facilities2 7#b7 maximizing the utilization rate of ,federal buildings and facilities2 7#c7 reducing the reliance on leased space2 7#d7 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 taxpayer2 7#e7 reducing the operating and maintenance costs of ,federal civilian real properties2 7#f7 reducing redundancy1 overlap1 and costs associated with field offices2 7#g7 creating incentives for ,federal agencies to achieve greater efficiency in their inventories of civilian real property2 7#h7 facilitating and expediting the sale or disposal of unneeded ,federal civilian real properties2 7#i7 improving the efficiency of real property transfers for the provision of services to the homeless2 and 7#aj7 assisting ,federal agencies in achieving the ,government's sustainability goals by reducing excess space1 inventory1 and energy consumption1 as well as by leveraging new technologies4 #c4 ,definitions ,in this ,act1 unless otherwise expressly stated1 the following definitions apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,board ,the term ,board means the ,public ,buildings ,reform ,board established by section #d4 7#c7 ,,cercla ,the term ,,cercla means the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7#d7 ,federal agency ,the term ,federal agency means an executive department or independent establishment in the executive branch of the ,government1 and a wholly owned ,government corporation4 7#e7 ,federal civilian real property and civilian real property 7,a7 ,in general ,the terms ,federal civilian real property and civilian real property refer to ,federal real property assets1 including public buildings as defined in section #ccja7;a7 of title #dj1 ,united ,states ,code1 occupied and improved grounds1 leased space1 or other physical structures under the custody and control of any ,federal agency4 7,b7 ,exclusions ,subparagraph 7,a7 shall not be construed as including any of the following types of property3 7i7 ,properties that are on military installations 7including any fort1 camp1 post1 naval training station1 airfield proving ground1 military supply depot1 military school1 or any similar facility of the ,department of ,defense74 7ii7 ,a base1 camp1 post1 station1 yard1 center1 or homeport facility for any ship or activity under the jurisdiction of the ,coast ,guard4 7iii7 ,properties that are excluded for reasons of national security by the ,director of the ,office of ,management and ,budget4 7iv7 ,properties that are excepted from the definition of the term property under section #ajb of title #dj1 ,united ,states ,code4 7v7 ,indian and ,native ,alaskan properties1 including-- 7,i7 any property within the limits of an ,indian reservation to which the ,united ,states owns title for the benefit of an ,indian tribe2 and 7,,ii7 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 alienation4 7vi7 ,properties operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq474 7vii7 ,postal properties owned by the ,united ,states ,postal ,service4 7viii7 ,properties used in connection with ,federal programs for agricultural1 recreational1 or conservation purposes1 including research in connection with the programs4 7ix7 ,properties used in connection with river1 harbor1 flood control1 reclamation1 or power projects4 7x7 ,properties located outside the ,united ,states operated or maintained by the ,department of ,state or the ,united ,states ,agency for ,international ,development4 7#f7 ,field office ,the term field office means any ,federal office that is not the headquarters office location for the ,federal agency4 7#g7 ,,hud ,the term ,,hud means the ,department of ,housing and ,urban ,development4 7#h7 ,,omb ,the term ,,omb means the ,office of ,management and ,budget4 7#i7 ,value of transactions ,the term value of transactions means the sum of the estimated proceeds and estimated costs1 based on the accounting system developed or identified under section #ab7;e71 associated with the transactions included in ,board recommendations4 #d4 ,board 7a7 ,establishment ,there is established an independent board to be known as the ,public ,buildings ,reform ,board4 7b7 ,duties ,the ,board shall carry out the duties as specified in this ,act4 7c7 ,membership 7#a7 ,in general ,the ,board shall be composed of a ,chairperson appointed by the ,president1 by and with the advice and consent of the ,senate1 and six members appointed by the ,president4 7#b7 ,appointments ,in selecting individuals for appointments to the ,board1 the ,president shall consult with-- 7,a7 the ,speaker of the ,house of ,representatives concerning the appointment of two members2 7,b7 the majority leader of the ,senate concerning the appointment of two members2 7,c7 the minority leader of the ,house of ,representatives concerning the appointment of one member2 and 7,d7 the minority leader of the ,senate concerning the appointment of one member4 7#c7 ,terms ,the term for each member of the ,board shall be #f years4 7#d7 ,vacancies ,vacancies shall be filled in the same manner as the original appointment4 7#e7 ,qualifications ,in selecting individuals for appointment to the ,board1 the ,president shall ensure that the ,board contains individuals with expertise representative of the following3 7,a7 ,commercial real estate and redevelopment4 7,b7 ,space optimization and utilization4 7,c7 ,community development1 including transportation and planning4 #e4 ,board meetings 7a7 ,open meetings ,each meeting of the ,board1 other than meetings in which classified information is to be discussed1 shall be open to the public4 ,any open meeting shall be announced in the ,federal ,register and the ,federal ,web site established by the ,board at least #ad calendar days in advance of a meeting4 ,for all public meetings1 the ,board shall release an agenda and a listing of materials relevant to the topics to be discussed4 7b7 ,quorum and meetings ,five ,board members shall constitute a quorum for the purposes of conducting business and three or more ,board members shall constitute a meeting of the ,board4 7c7 ,transparency of information ,all the proceedings1 information1 and deliberations of the ,board shall be open1 upon request1 to the ,chairperson and ranking minority party member1 and their respective subcommittee ,chairperson and subcommittee ranking minority party member1 of-- 7#a7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7#b7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7#c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#d7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7#e7 the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 7d7 ,government ,accountability ,office ,all proceedings1 information1 and deliberations of the ,board shall be open1 upon request1 to the ,comptroller ,general of the ,united ,states4 #f4 ,compensation and travel expenses 7a7 ,compensation 7#a7 ,rate of pay for members ,each member1 other than the ,chairperson1 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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the actual performance of duties vested in the ,board4 7#b7 ,rate of pay for ,chairperson ,the ,chairperson shall be paid for each day referred to in paragraph 7#a7 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 #ecad of title #e1 ,united ,states ,code4 7b7 ,travel ,members shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 #g4 ,executive ,director 7a7 ,appointment ,the ,board shall appoint an ,executive ,director1 who may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7b7 ,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 #ecae of title #e1 ,united ,states ,code4 #h4 ,staff 7a7 ,additional personnel ,subject to subsection 7b71 the ,executive ,director may request additional personnel detailed from ,federal agencies4 7b7 ,requests for detail employees ,upon request of the ,executive ,director and approval of the ,board and the ,director of ,,omb1 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 ,act4 7c7 ,qualifications ,appointments shall be made with consideration of a balance of expertise consistent with the qualifications of representatives described in section #d7;c77#e74 #i4 ,contracting authority 7a7 ,experts and consultants ,the ,board1 to the extent practicable and subject to appropriations ,acts1 shall use contracts1 including nonappropriated contracts1 entered into by the ,administrator for services necessary to carry out the duties of the ,board4 7b7 ,office space ,the ,administrator1 in consultation with the ,board1 shall identify and provide1 without charge1 suitable office space within the existing ,federal space inventory to house the operations of the ,board4 7c7 ,personal property ,the ,board shall use personal property already in the custody and control of the ,administrator4 #aj4 ,termination ,the ,board shall cease operations and terminate #f years after the date of enactment of this ,act4 #aa4 ,development of recommendations to ,board 7a7 ,submissions of agency information and recommendations ,not later than #abj days after the date of enactment of this ,act1 and not later than #abj days after the first day of each fiscal year thereafter until the termination of the ,board1 the head of each ,federal agency shall submit to the ,administrator and the ,director of ,,omb the following3 7#a7 ,current data ,current data of all ,federal civilian real properties owned1 leased1 or controlled by the agency1 including all relevant information prescribed by the ,administrator and the ,director of ,,omb1 including data related to the age and condition of the property1 operating costs1 history of capital expenditures1 sustainability metrics1 number of ,federal employees and functions housed in the respective property1 and square footage 7including gross1 rentable1 and usable74 7#b7 ,agency recommendations ,recommendations of the agency on the following3 7,a7 ,federal civilian real properties that can be sold for proceeds or otherwise disposed of1 reported as excess1 declared surplus1 outleased1 or otherwise no longer meeting the needs of the agency1 excluding leasebacks or other such exchange agreements where the property continues to be used by the agency4 7,b7 ,federal civilian real properties that can be transferred1 exchanged1 consolidated1 co-located1 reconfigured1 or redeveloped1 so as to reduce the civilian real property inventory1 reduce the operating costs of the ,government1 and create the highest value and return for the taxpayer4 7,c7 ,operational efficiencies that the ,government can realize in its operation and maintenance of ,federal civilian real properties4 7b7 ,standards and criteria 7#a7 ,development of standards and criteria ,not later than #fj days after the deadline for submissions of agency recommendations under subsection 7a71 the ,director of ,,omb1 in consultation with the ,administrator1 shall-- 7,a7 review the agency recommendations2 7,b7 develop consistent standards and criteria against which the agency recommendations will be reviewed2 and 7,c7 submit to the ,board the recommendations developed pursuant to paragraph 7#b74 7#b7 ,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 7#a74 7#c7 ,factors ,in developing the standards and criteria under paragraph 7#a71 the ,director of ,,omb1 in consultation with the ,administrator1 shall incorporate the following factors3 7,a7 ,the extent to which the civilian real property could be sold 7including property that is no longer meeting the needs of the ,government71 redeveloped1 outleased1 or otherwise used to produce the highest and best value and return for the taxpayer4 7,b7 ,the extent to which the operating and maintenance costs are reduced through consolidating1 co-locating1 and reconfiguring space1 and through realizing other operational efficiencies4 7,c7 ,the extent to which the utilization rate is being maximized and is consistent with non-governmental industry standards for the given function or operation4 7,d7 ,the extent and timing of potential costs and savings1 including the number of years1 beginning with the date of completion of the proposed recommendation4 7,e7 ,the extent to which reliance on leasing for long-term space needs is reduced4 7,f7 ,the extent to which a civilian real property aligns with the current mission of the ,federal agency4 7,g7 ,the extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies4 7,h7 ,the economic impact on existing communities in the vicinity of the civilian real property4 7,i7 ,the extent to which energy consumption is reduced4 7,j7 ,the extent to which public access to agency services is maintained or enhanced4 7c7 ,special rule for utilization rates ,standards developed by the ,director of ,,omb pursuant to subsection 7b7 shall incorporate and apply clear standard utilization rates to the extent that such standard rates increase efficiency and provide performance data4 ,the utilization rates shall be consistent throughout each applicable category of space and with nongovernment space utilization rates4 ,to the extent the space utilization rate of a given agency exceeds the utilization rates to be applied under this subsection1 the ,director of ,,omb may recommend realignment1 co-location1 consolidation1 or other type of action to improve space utilization4 7d7 ,submission to ,board 7#a7 ,in general ,the ,director of ,,omb shall submit the standards1 criteria1 and recommendations developed pursuant to subsection 7b7 to the ,board with all supporting information1 data1 analyses1 and documentation4 7#b7 ,publication ,the standards1 criteria1 and recommendations developed pursuant to subsection 7b7 shall be published in the ,federal ,register and transmitted to the committees listed in section #e7;c7 and to the ,comptroller ,general of the ,united ,states4 7#c7 ,access to information ,the ,board shall also have access to all information pertaining to the recommendations developed pursuant to subsection 7b71 including supporting information1 data1 analyses1 and documentation submitted pursuant to subsection 7a74 ,upon request1 a ,federal agency shall provide to the ,board any additional information pertaining to the civilian real properties under the custody1 control1 or administrative jurisdiction of the ,federal agency4 ,the ,board shall notify the committees listed in section #e7;c7 of any failure by an agency to comply with a request of the ,board4 #ab4 ,board duties 7a7 ,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 ,government4 7b7 ,identification of high value assets 7#a7 ,identification of certain properties ,not later than #ahj days after ,board members are appointed pursuant to section #d1 the ,board shall-- 7,a7 identify not fewer than five ,federal civilian real properties that are not on the list of surplus or excess as of such date with a total fair market value of not less than #ejj1jjj1jjj and not more than #gej1jjj1jjj2 and 7,b7 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 #ac4 7#b7 ,information and data ,in order to meet the goal established under paragraph 7#a71 each ,federal agency shall provide1 upon request1 any and all information and data regarding its civilian real properties to the ,board4 ,the ,board shall notify the committees listed in section #e7;c7 of any failure by an agency to comply with a request of the ,board4 7#c7 ,factors ,in identifying properties pursuant to paragraph 7#a71 the ,board shall consider the factors listed in section #aa7;b77#c74 7#d7 ,leaseback restrictions ,none of the existing improvements on properties sold under this subsection may be leased back to the ,government4 7#e7 ,report of excess ,not later than #fj days after the approval of ,board recommendations pursuant to paragraph 7#a71 ,federal agencies with custody1 control1 or administrative jurisdiction over the identified properties shall submit a ,report of ,excess to the ,general ,services ,administration4 7#f7 ,sale 7,a7 ,initiation of sale ,not later than #abj days after the acceptance by the ,administrator of the ,report of ,excess and notwithstanding any other provision of law 7including section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa71 but except as provided in section #ad7;g771 the ,general ,services ,administration shall initiate the sale of the civilian real properties described in paragraph 7#a74 7,b7 ,completion of sale ,not later than #a year after the acceptance of the ,report of ,excess1 the ,administrator shall sell the civilian real properties at fair market value at highest and best use1 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 ,excess1 but not greater than #b years after the acceptance of the ,report of ,excess4 7c7 ,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 #aa4 ,the ,board shall not be bound or limited by the recommendations submitted pursuant to section #aa4 ,if1 in the opinion of the ,board1 an agency fails to provide needed information1 data1 or adequate recommendations that meet the standards and criteria1 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 information4 7d7 ,information and proposals 7#a7 ,receipt ,notwithstanding any other provision of law1 the ,board may receive and consider proposals1 information1 and other data submitted by ,state and local officials and the private sector4 7#b7 ,consultation ,the ,board shall consult with ,state and local officials on information1 proposals1 and other data that the officials submit to the ,board4 7#c7 ,availability ,information submitted to the ,board shall be made publicly available4 7e7 ,accounting system ,not later than #abj days after the date of enactment of this ,act1 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 recommendations4 ,such accounting system shall be applied in developing the ,board's recommendations and determining the highest return to the taxpayer4 ,in applying the accounting system1 the ,board shall set a standard performance period of not less than #ae years4 7f7 ,public hearing ,the ,board shall conduct public hearings4 ,all testimony before the ,board at a public hearing under this subsection shall be presented under oath4 7g7 ,reporting of information and recommendations 7#a7 ,in general ,subject to the schedule and limitations specified in paragraph 7#b71 the ,board shall transmit to the ,director of ,,omb1 and publicly post on a ,federal ,web site maintained by the ,board1 reports containing the ,board's findings1 conclusions1 and recommendations for-- 7,a7 the consolidation1 exchange1 co-location1 reconfiguration1 lease reductions1 sale1 outlease1 and redevelopment of ,federal civilian real properties2 and 7,b7 other operational efficiencies that can be realized in the ,government's operation and maintenance of such properties4 7#b7 ,schedule and limitations 7,a7 ,first round ,not later than #b years after the date of transmittal of the list of properties recommended pursuant to subsection 7b71 the ,board shall transmit to the ,director of ,,omb the first report required under paragraph 7#a74 ,the total value of transactions contained in the first report may not exceed #b1ejj1jjj1jjj4 7,b7 ,second round ,not earlier than #c years after the date of transmittal of the first report1 the ,board shall transmit to the ,director of ,,omb the second report required under paragraph 7#a74 ,the total value of transactions contained in the second report may not exceed #d1gej1jjj1jjj4 7#c7 ,consensus in majority ,the ,board shall seek to develop consensus recommendations1 but if a consensus cannot be obtained1 the ,board may include in the reports required under this subsection recommendations that are supported by a majority of the ,board4 7h7 ,federal ,web site ,the ,board shall establish and maintain a ,federal ,web site for the purposes of making relevant information publicly available4 7i7 ,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 process4 #ac4 ,review by ,,omb 7a7 ,review of recommendations ,upon receipt of the ,board's recommendations pursuant to subsections 7b7 and 7g7 of section #ab1 the ,director of ,,omb shall conduct a review of the recommendations4 7b7 ,report to ,board and ,congress ,not later than #cj days after the receipt of the ,board's recommendations1 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 recommendations4 7c7 ,approval and disapproval 7#a7 ,approval ,if the ,director of ,,omb approves the ,board's recommendations1 the ,director of ,,omb shall transmit a copy of the recommendations to ,congress1 together with a certification of such approval4 7#b7 ,disapproval ,if the ,director of ,,omb disapproves the ,board's recommendations1 in whole or in part1 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 ,congress4 7#c7 ,revised recommendations ,not later than #cj days after the receipt of reasons for disapproval under paragraph 7#b71 the ,board shall transmit to the ,director of ,,omb revised recommendations for approval4 7#d7 ,approval of revised recommendations ,if the ,director of ,,omb approves the revised recommendations received under paragraph 7#c71 the ,director of ,,omb shall transmit a copy of the revised recommendations to ,congress1 together with a certification of such approval4 7d7 ,termination of process for given round ,if the ,director of ,,omb does not transmit to ,congress an approval and certification described in paragraph 7#a7 or 7#d7 of subsection 7c7 on or before the #cjth day following the receipt of the ,board's recommendations or revised recommendations1 as the case may be1 the process shall terminate until the following round1 as described in section #ab4 #ad4 ,implementation of ,board recommendations 7a7 ,deadlines 7#a7 ,preparation ,federal agencies shall-- 7,a7 not later than #fj days after the ,director of ,,omb transmits the ,board's recommendations to ,congress pursuant to paragraph 7#a7 or 7#d7 of section #ac7;c71 immediately begin preparations to carry out the ,board's recommendations2 and 7,b7 not later than #b years after such transmittal1 initiate all activities necessary to carry out the ,board's recommendations4 7#b7 ,completion ,not later than #f years after the ,director of ,,omb transmits the ,board's recommendations to ,congress pursuant to paragraph 7#a7 or 7#d7 of section #ac7;c71 ,federal agencies shall complete all recommended actions4 ,all actions shall be economically beneficial1 cost neutral1 or otherwise favorable to the ,government4 7#c7 ,extenuating circumstances ,for actions that will take longer than the #f-year period described in paragraph 7#b7 due to extenuating circumstances1 ,federal agencies shall notify the ,director of ,,omb and ,congress1 as soon as the extenuating circumstance presents itself1 with an estimated time to complete the relevant action4 7b7 ,actions of ,federal agencies related to civilian real properties ,in taking actions related to any civilian real property under this ,act1 ,federal agencies may take1 pursuant to subsection 7c71 all such necessary and proper actions1 including-- 7#a7 acquiring land1 constructing replacement facilities1 performing such other activities1 and conducting advance planning and design as may be required to transfer functions from a ,federal asset or property to another ,federal civilian property2 7#b7 reimbursing other ,federal agencies for actions performed at the request of the ,board2 and 7#c7 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 property4 7c7 ,actions of ,federal agencies ,to implement ,board recommendations 7#a7 ,use of existing legal authorities 7,a7 ,in general ,except as provided in paragraph 7#b71 when acting on a recommendation of the ,board1 a ,federal agency shall-- 7i7 in consultation with the ,administrator1 continue to act within the ,federal agency's existing legal authorities1 including legal authorities delegated to the ,federal agency by the ,administrator2 or 7ii7 work in partnership with the ,administrator to carry out such actions4 7,b7 ,necessary and proper actions ,the ,administrator may take such necessary and proper actions1 including the sale1 conveyance1 or exchange of civilian real property1 as required to implement the ,board's recommendations in the time period required under subsection 7a74 7#b7 ,experts ,a ,federal agency may enter into no cost1 nonappropriated contracts for expert commercial real estate services to carry out the ,federal agency's responsibilities pursuant to the recommendations4 7d7 ,discretion of ,administrator regarding transactions ,for any transaction identified1 recommended1 or commenced as a result of this ,act1 any otherwise required legal priority given to1 or requirement to enter into1 a transaction to convey a ,federal civilian real property for less than fair market value1 for no consideration at all1 or in a transaction that mandates the exclusion of other market participants1 shall be at the discretion of the ,administrator4 7e7 ,relationship to other laws ,any recommendation or commencement of a sale1 disposal1 consolidation1 reconfiguration1 co-location1 or realignment of civilian real property under this ,act shall not be subject to-- 7#a7 section #ede7;b77#h7 of title #dj1 ,united ,states ,code2 7#b7 sections #eej1 #eec1 and #eed of title #dj1 ,united ,states ,code2 7#c7 any section of the ,act entitled ,an ,act ,authorizing the transfer of certain real property for wildlife1 or other purposes 7#af ,u4,s4,c4 #ffg;b72 7#d7 section #dgaea of title #di1 ,united ,states ,code2 7#e7 sections #ajg and #cag of title #bc1 ,united ,states ,code2 7#f7 section #acjd7;b7 of title #dj1 ,united ,states ,code2 7#g7 section #ac7;d7 of the ,surplus ,property ,act of #aidd 7#ej ,u4,s4,c4 ,app4 #afbb7;d772 7#h7 any other provision of law authorizing the conveyance of real property owned by the ,government for no consideration2 and 7#i7 any congressional notification requirement other than that in section #ede of title #dj1 ,united ,states ,code4 7f7 ,public benefit 7#a7 ,submission of information to ,,hud ,the ,director of ,,omb shall submit to the ,secretary of ,,hud1 on the same day the ,director of ,,omb submits the ,board's recommendations to ,congress pursuant to paragraphs 7#a7 and 7#d7 of section #ac7;c71 all known information on ,federal civilian real properties that are included in the recommendations 7except those recommended under section #ab7;b774 7#b7 ,,hud to report to ,board ,not later than #cj days after the submission of information on ,federal properties under paragraph 7#a71 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 #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa74 7#c7 ,additional authority ,following the review under paragraph 7#b71 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 ,board1 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 taxpayers4 7g7 ,environmental considerations 7#a7 ,transfers of real property 7,a7 ,in general ,when implementing the recommended actions for civilian real properties that have been identified in the ,board's report1 as specified in section #ab7;g71 and subject to paragraph 7#b7 and in compliance with ,,cercla1 including section #abj7;h7 of ,,cercla 7#db ,u4,s4,c4 #ifbj7;h771 ,federal agencies may enter into an agreement to transfer by deed1 pursuant to section #abj7;h77#c7 of that ,act 7#db ,u4,s4,c4 #ifbj7;h77#c771 civilian real property with any person4 7,b7 ,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 7,a7 as the head of the disposing agency considers appropriate to protect the interests of the ,united ,states4 ,such additional terms and conditions shall not affect or diminish any rights or obligations of the ,federal agencies under section #abj7;h7 of ,,cercla 7including1 without limitation1 the requirements of subsections 7h77#c77;,a7 and 7h77#c77;,c77iv7 of that section74 7#b7 ,certification concerning costs ,a transfer of ,federal civilian real property may be made under paragraph 7#a7 only if the head of the disposing agency certifies to the ,board and ,congress that-- 7,a7 the costs of all environmental restoration1 waste management1 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 transferred1 as determined by the head of the disposing agency2 or 7,b7 if such costs are lower than the fair market value of the property1 the recipient of the property agrees to pay the difference between the fair market value and such costs4 7#c7 ,payments to recipients ,in the case of a civilian real property covered by a certification under paragraph 7#b77;,a71 the disposing agency may pay the recipient of such property an amount equal to the lesser of-- 7,a7 the amount by which the costs incurred by the recipient of such property for all environmental restoration1 waste management1 and environmental compliance activities with respect to such property exceed the fair market value of such property as specified in such certification2 or 7,b7 the amount by which the costs 7as determined by the head of the disposing agency7 that would otherwise have been incurred by the ,secretary for such restoration1 waste management1 and environmental compliance activities with respect to such property exceed the fair market value of such property as so specified4 7#d7 ,information to be provided to recipients ,as part of an agreement under paragraph 7#a71 the head of the disposing agency shall disclose1 in accordance with applicable law1 to the person to whom the civilian real property will be transferred information possessed by the disposing agency regarding the environmental restoration1 waste management1 and environmental compliance activities that relate to the property4 ,the head of the disposing agency shall provide such information before entering into the agreement4 7#e7 ,consideration of environmental remediation in granting time extensions ,for the purposes of granting time extensions under subsection 7a71 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 recommendation4 7#f7 ,limitation on statutory construction ,nothing in this ,act may be construed to modify1 alter1 or amend ,,cercla1 the ,national ,environmental ,policy ,act of #aifi1 or the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 #ae4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act an initial appropriation of-- 7#a7 #b1jjj1jjj for salaries and expenses of the ,board2 and 7#b7 #dj1jjj1jjj to be deposited into the ,asset ,proceeds and ,space ,management ,fund for activities related to the implementation of the ,board's recommendations4 #af4 ,funding 7a7 ,salaries and expenses account 7#a7 ,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 7in this subsection referred to as the ,account74 7#b7 ,necessary payments ,there shall be deposited into the ,account such amounts1 as are provided in appropriations ,acts1 for those necessary payments for salaries and expenses to accomplish the administrative needs of the ,board4 7b7 ,asset ,proceeds and ,space ,management ,fund 7#a7 ,establishment ,there is established within the ,federal ,buildings ,fund established under section #eib of title #dj1 ,united ,states ,code1 an account to be known as the ,public ,buildings ,reform ,board--,asset ,proceeds and ,space ,management ,fund 7in this subsection referred to as the ,fund74 7#b7 ,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 #ac4 7#c7 ,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 7subject to section #ccjg of title #dj1 ,united ,states ,code1 to the extent an appropriation normally covered by that section exceeds #bj1jjj1jjj7 for the purposes specified3 7,a7 ,such amounts as are provided in appropriations ,acts1 to remain available until expended1 for the consolidation1 co-location1 exchange1 redevelopment1 reconfiguration of space1 disposal1 and other actions recommended by the ,board for ,federal agencies4 7,b7 ,amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the ,board4 7#d7 ,use of amounts to cover costs ,as provided in appropriations ,acts1 amounts in the ,fund may be made available to cover necessary costs associated with implementing the recommendations pursuant to section #ad1 including costs associated with-- 7,a7 sales transactions2 7,b7 acquiring land1 construction1 constructing replacement facilities1 and conducting advance planning and design as may be required to transfer functions from a ,federal asset or property to another ,federal civilian property2 7,c7 co-location1 redevelopment1 disposal1 and reconfiguration of space2 and 7,d7 other actions recommended by the ,board for ,federal agencies4 7c7 ,additional requirement for budget contents ,the ,president shall transmit along with the ,president's budget submitted pursuant to section #aaje of title #ca1 ,united ,states ,code1 an estimate of proceeds that are the result of the ,board's recommendations and the obligations and expenditures needed to support such recommendations4 #ag4 ,congressional approval of proposed projects ,section #ccjg7;b7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of paragraph 7#f72 7#b7 by striking the period at the end of paragraph 7#g7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#h7 a statement of how the proposed project is consistent with the standards and criteria developed under section #aa7;b7 of the ,federal ,assets ,sale and ,transfer ,act of #bjaf4 4 #ah4 ,preclusion of judicial review ,the following actions shall not be subject to judicial review3 7#a7 ,actions taken pursuant to sections #ab and #ac4 7#b7 ,actions of the ,board4 #ai4 ,implementation review by ,,gao ,upon transmittal of the ,board's recommendations from the ,director of ,,omb to ,congress under section #ac1 the ,comptroller ,general of the ,united ,states at least annually shall monitor and review the implementation activities of ,federal agencies pursuant to section #ad1 and report to ,congress any findings and recommendations4 #bj4 ,agency retention of proceeds 7a7 ,in general ,section #ega of title #dj1 ,united ,states ,code1 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,proceeds from transfer or sale of real property 7#a7 ,deposit of net proceeds ,net proceeds described in subsection 7c7 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 excess4 7#b7 ,expenditure of net proceeds ,the net proceeds deposited pursuant to paragraph 7#a7 may only be expended1 as authorized in annual appropriations ,acts1 for activities described in sections #edc and #ede1 including paying costs incurred by the ,general ,services ,administration for any disposal-related activity authorized by this chapter4 7#c7 ,deficit reduction ,any net proceeds described in subsection 7c7 from the sale1 lease1 or other disposition of surplus real property that are not expended under paragraph 7#b7 shall be used for deficit reduction4 ,any net proceeds not obligated within #c years after the date of deposit and not expended within #e years after such date shall be deposited as miscellaneous receipts in the ,treasury4 7b7 ,effect on other sections ,nothing in this section is intended to affect section #egb7;b71 #egc1 or #egd4 7c7 ,net proceeds ,the net proceeds described in this subsection are proceeds under this chapter1 less expenses of the transfer or disposition as provided in section #egb7;a71 from a-- 7#a7 transfer of excess real property to a ,federal agency for agency use2 or 7#b7 sale1 lease1 or other disposition of surplus real property4 4 7b7 ,effective date ,the provisions of this section1 including the amendments made by this section1 shall take effect upon the termination of the ,board pursuant to section #aj and shall not apply to proceeds from transactions conducted under section #ad4 #ba4 ,federal real property database 7a7 ,database required ,not later than #a year after the date of enactment of this section1 the ,administrator of ,general ,services shall publish a single1 comprehensive1 and descriptive database of all ,federal real property under the custody and control of all executive agencies1 other than ,federal real property excluded for reasons of national security1 in accordance with subsection 7b74 7b7 ,required information for database ,the ,administrator shall collect from the head of each executive agency descriptive information1 except for classified information1 of the nature1 use1 and extent of the ,federal real property of each such agency1 including the following3 7#a7 ,the geographic location of each ,federal real property of each such agency1 including the address and description for each such property4 7#b7 ,the total size of each ,federal real property of each such agency1 including square footage and acreage of each such property4 7#c7 ,whether the ,federal real property is currently1 or will in the future be1 needed to support agency's mission or function4 7#d7 ,the utilization of each ,federal real property for each such agency1 including whether such property is excess1 surplus1 underutilized1 or unutilized4 7#e7 ,the number of days each ,federal real property is designated as excess1 surplus1 underutilized1 or unutilized4 7#f7 ,the annual operating costs of each ,federal real property4 7#g7 ,the replacement value of each ,federal real property4 7c7 ,access to database 7#a7 ,federal agencies ,the ,administrator1 in consultation with the ,director of ,,omb1 shall make the database established and maintained under this section available to other ,federal agencies4 7#b7 ,public access ,to the extent consistent with national security and procurement laws1 the database shall be accessible by the public at no cost through the ,web site of the ,general ,services ,administration4 7d7 ,transparency of database ,to the extent practicable1 the ,administrator shall ensure that the database-- 7#a7 uses an open1 machine-readable format2 7#b7 permits users to search and sort ,federal real property data2 and 7#c7 includes a means to download a large amount of ,federal real property data and a selection of such data retrieved using a search4 7e7 ,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 #eeb7;b7 of title #e1 ,united ,states ,code4 #bb4 ,streamlining ,mc,kinney-,vento ,homeless ,assistance ,act ,section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 by striking 7#b77;,a7 and inserting 7#b72 7,b7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively2 7,c7 in subparagraph 7,a7 7as so redesignated7 by striking and at the end2 7,d7 in subparagraph 7,b7 7as so redesignated7 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7,c7 in the case of surplus property1 the provision of permanent housing with or without supportive services is an eligible use to assist the homeless under this section4 2 7#b7 in subsection 7c77#a77;,a7 by striking in the ,federal ,register and inserting on the ,web site of the ,department of ,housing and ,urban ,development or the ,general ,services ,administration2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7 by striking period of #fj days and inserting period of #cj days2 7,b7 in paragraphs 7#b7 and 7#d7 by striking #fj-;day period and inserting #cj-;day period2 and 7,c7 in paragraph 7#c7 by adding at the end the following3 ,if no such review of the determination is requested within the #bj-;day period1 such property will not be included in subsequent publications unless the landholding agency makes changes to the property 7e4g4 improvements7 that may change the unsuitable determination and the ,secretary subsequently determines the property is suitable42 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#b7-- 7i7 by striking 7#b7 and inserting 7#b77;,a72 7ii7 in subparagraph 7,a7 7as so designated7-- 7,i7 by striking #ij days and inserting #ge days2 and 7,,ii7 by striking a complete application and inserting an initial application2 and 7iii7 by adding at the end the following3 7,b7 ,an initial application shall set forth-- 7i7 the services that will be offered2 7ii7 the need for the services2 and 7iii7 the experience of the applicant that demonstrates the ability to provide the services4 2 7,b7 in paragraph 7#c7 by striking #be days after receipt of a completed application and inserting #aj days after receipt of an initial application2 and 7,c7 by adding at the end the following3 7#d7 ,if the ,secretary of ,health and ,human ,services approves an initial application1 the applicant has #de days in which to provide a final application that sets forth a reasonable plan to finance the approved program4 7#e7 ,no later than #ae days after receipt of the final application1 the ,secretary of ,health and ,human ,services shall review1 make a final determination1 and complete all actions on the final application4 ,the ,secretary of ,health and ,human ,services shall maintain a public record of all actions taken in response to an application4 2 and 7#e7 in subsection 7f77#a7 by striking available by and inserting available1 at the applicant's discretion1 by4 #bc4 ,additional property ,section #edi7;c77#c77;,b77vii7 of title #dj1 ,united ,states ,code1 is amended to read as follows3 7vii7 a museum attended by the public1 and1 for purposes of determining whether a museum is attended by the public1 the ,administrator shall consider a museum to be public if the nonprofit educational or public health institution or organization1 at minimum1 accedes to any request submitted for access during business hours2 4 #bd4 ,sale of #abth and ,independence 7a7 ,definition ,in this section1 the term property means the property located in the ,district of ,columbia1 subject to survey and as determined by the ,administrator of ,general ,services1 generally consisting of ,squares #cbe and #cbf and a portion of ,square #cea and generally bounded by #abth ,street1 ,independence ,avenue1 ,c ,street1 and the ,james ,forrestal ,building1 all in ,southwest ,washington1 ,district of ,columbia1 and shall include all associated air rights1 improvements thereon1 and appurtenances thereto4 7b7 ,sale ,not later than ,december #ca1 #bjah1 the ,administrator of ,general ,services shall sell the property at fair market value at highest and best use4 7c7 ,net proceeds ,any net proceeds received shall be paid into an account in the ,federal ,buildings ,fund established under section #eib of title #dj1 ,united ,states ,code4 ,upon deposit1 the net proceeds from the sale may be expended only subject to a specific future appropriation4 #be4 ,sale of ,cotton ,annex 7a7 ,definition ,in this section1 the term property means property located in the ,district of ,columbia1 subject to survey and as determined by the ,administrator1 generally consisting of ,square #cbf south of ,c ,street1 all in ,southwest ,washington1 ,district of ,columbia1 including the building known as the ,cotton ,annex4 7b7 ,sale ,not later than ,december #ca1 #bjah1 the ,administrator of ,general ,services shall sell the property at fair market value at highest and best use4 7c7 ,net proceeds ,any net proceeds received shall be paid into an account in the ,federal ,buildings ,fund established under section #eib of title #dj1 ,united ,states ,code4 ,upon deposit1 the net proceeds from the sale may be expended only subject to a specific future appropriation4 ,passed the ,house of ,representatives ,may #bc1 #bjaf4,karen ,l4 ,haas1,clerk ,july #ad1 #bjaf,read the second time and placed on the calendar