,,ii #aadth ,,congress #ast ,session ,s4 #bcge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #h1 #bjae ,mr4 ,johnson 7for himself1 ,mr4 ,warner1 ,mr4 ,blunt1 ,mr4 ,portman1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to decrease the deficit by consolidating and selling excess ,federal tangible property1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,asset ,sale and ,transfer ,act of #bjae4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,board ,the term ,board means the ,federal ,tangible ,property ,management ,reform ,board established by section #c4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,federal agency ,the term ,federal agency means-- 7,a7 an executive department or independent establishment in the executive branch of the ,government2 and 7,b7 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 mean ,federal real property assets1 including-- 7i7 public buildings 7as defined in section #ccja of title #dj1 ,united ,states ,code72 7ii7 occupied and improved grounds2 7iii7 leased space2 and 7iv7 other physical structures under the custody and control of any ,federal agency4 7,b7 ,exclusions ,the terms ,federal civilian real property and civilian real property do not include-- 7i7 property that is on a military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj77 7including any fort1 camp1 post1 naval training station1 airfield1 proving ground1 military supply depot1 military school1 or any similar facility of the ,department of ,defense72 7ii7 a base1 camp1 post1 station1 yard1 center1 homeport facility for any ship1 or any activity under the jurisdiction of the ,coast ,guard2 7iii7 property that is excluded for reasons of national security by the ,director of the ,office of ,management and ,budget2 7iv7 property that is excepted from the definition of the term property under section #ajb of title #dj1 ,united ,states ,code2 7v7 ,indian and ,native ,alaskan property1 including-- 7,i7 any property within the limits of any ,indian reservation to which the ,united ,states owns title for the benefit of an ,indian tribe2 and 7,,ii7 any property title which is held in trust by the ,united ,states for the benefit of any ,indian tribe or individual or held by an ,indian tribe or individual subject to restriction by the ,united ,states against alienation2 7vi7 property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7vii7 property used in connection with river1 harbor1 flood control1 reclamation1 or power projects2 and 7viii7 property located outside the ,united ,states that is operated or maintained by the ,department of ,state or the ,united ,states ,agency for ,international ,development4 7#f7 ,federal tangible property 7,a7 ,in general ,the term ,federal tangible property means any physical property and ,federal civilian real property under the custody and control of any ,federal agency that exceeds #ej1jjj in value4 7,b7 ,exclusion ,the term ,federal tangible property does not include any records of the ,federal ,government4 7#g7 ,field office ,the term field office means any office of a ,federal agency that is not the headquarters office location for the ,federal agency4 #c4 ,federal ,tangible ,property ,management ,reform ,board 7a7 ,establishment ,there is established an independent board to be known as the ,federal ,tangible ,property ,management ,reform ,board4 7b7 ,duties ,the ,board shall carry out the duties described in section #e4 7c7 ,membership 7#a7 ,in general ,the ,board shall be composed of-- 7,a7 a ,chairperson appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7,b7 #f members appointed by the ,president4 7#b7 ,appointments ,in making appointments to the ,board under paragraph 7#a77;,b71 the ,president shall consult with-- 7,a7 the ,speaker of the ,house of ,representatives concerning the appointment of #b members2 7,b7 the majority leader of the ,senate concerning the appointment of #b members2 7,c7 the minority leader of the ,house of ,representatives concerning the appointment of #a member2 and 7,d7 the minority leader of the ,senate concerning the appointment of #a member4 7#c7 ,terms ,the term for each member of the ,board shall be #f years4 7#d7 ,vacancies ,a vacancy on the ,board shall be filled in the same manner in which the original appointment was made4 7#e7 ,qualifications ,in making appointments to the ,board1 the ,president shall ensure that the ,board contains individuals with expertise representative of-- 7,a7 commercial real estate and redevelopment2 7,b7 space optimization and utilization2 7,c7 community development1 including transportation and planning2 and 7,d7 personal property management1 including property accountability1 disposal1 and recycling of equipment4 7d7 ,board meetings 7#a7 ,open meetings 7,a7 ,in general ,each meeting of the ,board1 other than meetings in which classified information is to be discussed1 shall-- 7i7 be open to the public2 and 7ii7 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 7,b7 ,agenda2 materials ,for each meeting1 the ,board shall release an agenda and a listing of materials relevant to the topics to be discussed4 7#b7 ,quorum and meetings ,of the members of the ,board-- 7,a7 #e shall constitute a quorum for the purposes of conducting business2 and 7,b7 #c or more shall constitute a meeting of the ,board4 7#c7 ,transparency of information 7,a7 ,congress ,all the proceedings1 information1 and deliberations of the ,board shall be open1 on request1 to the ,chairperson and the ranking minority party member1 and the respective subcommittee ,chairperson and ranking minority party member1 of-- 7i7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7ii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7iii7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7iv7 the ,committee on ,appropriations of the ,senate4 7,b7 ,government accountability office ,all proceedings1 information1 and deliberations of the ,board shall be open1 on request1 to the ,comptroller ,general of the ,united ,states4 7e7 ,compensation and travel expenses 7#a7 ,compensation 7,a7 ,rate of pay for members ,each member of the ,board1 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 of the ,board shall be paid for each day referred to in subparagraph 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 #ecad1 of title #e1 ,united ,states ,code4 7#b7 ,travel ,a member of the ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7f7 ,executive director 7#a7 ,appointment ,the ,board-- 7,a7 shall appoint an ,executive ,director2 and 7,b7 shall not be required to comply with the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7#b7 ,rate of pay for director ,the ,executive ,director shall be paid at the rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7g7 ,staff 7#a7 ,additional personnel ,subject to paragraph 7#b71 the ,executive ,director may request additional personnel detailed from ,federal agencies4 7#b7 ,detail employees from other agencies ,on request of the ,chairperson and after approval of the ,director1 the head of any ,federal agency shall detail the requested personnel of that agency to the ,board to assist the ,board in carrying out the duties of the ,board4 7#c7 ,qualifications ,appointments shall be made with consideration of a balance of expertise consistent with the qualifications of representatives described in subsection 7c77#e74 7h7 ,contracting authority 7#a7 ,experts and consultants ,the ,board1 to the maximum extent practicable and subject to the availability of appropriations1 shall use existing contracts1 including nonappropriated contracts1 entered into by the ,administrator for services necessary to carry out the duties of the ,board4 7#b7 ,office space ,the ,administrator1 in consultation with the ,board1 shall identify and provide1 without charge1 suitable office space within the ,federal property inventory to house the operations of the ,board4 7#c7 ,personal property ,the ,administrator shall provide to the ,board any personal property already in the custody and control of the ,administrator that is needed to carry out the duties of the ,board4 7i7 ,termination of ,board ,the ,board and the authority of the ,board shall terminate on the date that is #f years after the date of enactment of this ,act4 #d4 ,development of recommendations to the board 7a7 ,submissions of agency information and recommendations ,not later than #abj days after the date of enactment of this ,act and not later than #abj days after the beginning of each fiscal year thereafter1 the head of each ,federal agency shall submit to the ,administrator and the ,director the following3 7#a7 ,current data on real property ,current data of all ,federal civilian real properties owned1 leased1 or controlled by the respective agency 7including all relevant information prescribed by the ,administrator and the ,director71 including data relating to-- 7,a7 the age and condition of the property2 7,b7 operating costs2 7,c7 the history of capital expenditures2 7,d7 sustainability metrics2 7,e7 the number of ,federal employees and functions housed in the respective property2 and 7,f7 the square footage 7including gross1 rentable1 and usable7 of each property4 7#b7 ,current data on physical property ,current data of all ,federal physical property owned1 leased1 or controlled by the respective agency 7including all relevant information prescribed by the ,administrator and the ,director71 including data relating to-- 7,a7 the age and condition of the property2 7,b7 operating costs2 7,c7 the history of capital expenditures2 and 7,d7 warehousing and storage costs4 7#c7 ,agency recommendations ,recommendations as to-- 7,a7 any ,federal tangible properties that can be sold for proceeds and otherwise disposed of1 reported as excess1 declared surplus1 or outleased or are otherwise no longer meeting the needs of the agency1 excluding leasebacks or other exchange agreements where the property continues to be used by the agency2 7,b7 any ,federal tangible properties that can be transferred1 exchanged1 consolidated1 colocated1 reconfigured1 shared1 or redeveloped-- 7i7 to reduce the tangible property inventory2 7ii7 to reduce the operating costs of the ,federal ,government2 and 7iii7 to create the highest value and return for the taxpayer2 and 7,c7 operational efficiencies that may be realized by the ,federal ,government in the operation and maintenance of ,federal tangible properties4 7b7 ,standards and criteria ,not later than #fj days after each date specified in subsection 7a71 the ,director1 in consultation with the ,administrator1 shall-- 7#a7 review agency recommendations submitted pursuant to subsection 7a72 7#b7 develop consistent standards and criteria against which agency recommendations will be reviewed1 which shall be developed taking into consideration-- 7,a7 the extent to which a ,federal building or facility could be sold 7including property that is no longer meeting the needs of the ,federal ,government71 redeveloped1 outleased1 or otherwise used to produce the highest and best value and return for the taxpayer2 7,b7 the extent and timing of potential costs and savings1 including the number of years1 beginning with the date of completion of the proposed recommendation2 7,c7 for real property-- 7i7 the extent to which the operating and maintenance costs are reduced through consolidating1 co-locating1 and reconfiguring space1 and through realizing other operational efficiencies2 7ii7 the extent to which the utilization rate is being maximized and is consistent with nongovernmental industry standards for the given function or operation2 7iii7 the extent to which reliance on leasing for long-term space needs is reduced2 7iv7 the extent to which a ,federal building or facility aligns with the current mission of the applicable ,federal agency2 7v7 the extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies2 7vi7 the economic impact on communities in the vicinity of the ,federal building or facility2 and 7vii7 the extent to which energy consumption is reduced2 and 7,d7 for physical property-- 7i7 the extent to which the property aligns with the current mission of the ,federal agency2 and 7ii7 the extent to which warehousing and storage costs can be reduced2 and 7#c7 develop recommendations for the ,board based on the standards and criteria developed under paragraph 7#b74 7c7 ,special rule for utilization rates 7#a7 ,in general ,standards developed by the ,director under subsection 7b77#b7 shall incorporate and apply clear standard utilization rates consistent throughout each category of space and with nongovernment space utilization rates4 7#b7 ,utilization rate ,to the extent the space utilization rate of a given agency exceeds the utilization rates to be applied under this subsection1 the ,director may recommend realignment1 colocation1 consolidation1 or other type of action to improve space utilization4 7d7 ,submission to the ,board 7#a7 ,in general ,the standards1 criteria1 and recommendations developed pursuant to subsection 7b77#b7 shall be submitted to the ,board with all supporting information1 data1 analyses1 and documentation4 7#b7 ,publication ,the standards1 criteria1 and recommendations developed pursuant to subsection 7b77#b7 shall be-- 7,a7 published in the ,federal ,register2 and 7,b7 submitted to-- 7i7 the committees described in section #c7;d77#c77;,a72 and 7ii7 the ,comptroller ,general of the ,united ,states4 7#c7 ,access to information 7,a7 ,in general ,the ,board shall have access to all information pertaining to the recommendations1 including supporting information1 data1 analyses1 and documentation submitted pursuant to subsection 7a74 7,b7 ,information from ,federal agencies ,on request1 a ,federal agency shall provide to the ,board any additional information pertaining to the civilian real property of the agency4 #e4 ,duties of ,board 7a7 ,identification of property reduction opportunities ,the ,board shall identify opportunities for the ,federal ,government-- 7#a7 to significantly reduce the inventory of tangible property held by the ,federal ,government2 and 7#b7 to reduce costs to the ,federal ,government4 7b7 ,identification of high value assets 7#a7 ,identification of certain real properties ,not later than #ahj days after the date on which the last ,board member has been appointed pursuant to section #c7;c71 the ,board shall-- 7,a7 identify not less than #e ,federal civilian real properties that are not on the list of surplus or excess as of that date with a total fair market value of not less than #ejj1jjj1jjj2 and 7,b7 submit to the ,director and to ,congress a list of the properties identified pursuant to subparagraph 7,a71 which shall be-- 7i7 treated as a recommendation under section #d2 and 7ii7 subject to the approval process described in section #f4 7#b7 ,identification of certain physical properties ,not later than #ahj days after the date on which the last ,board member has been appointed pursuant to section #c7;c71 the ,board shall-- 7,a7 identify not less than #e ,federal moveable physical properties that are not on the list of surplus or excess as of that date with a total fair market value of not less than #ajj1jjj2 and 7,b7 submit to the ,director and to ,congress a list of the properties identified pursuant to subparagraph 7,a71 which shall be-- 7i7 treated as a recommendation under section #d2 and 7ii7 subject to the approval process described in section #f4 7#c7 ,information and data 7,a7 ,in general ,to assist the ,board in carrying out paragraphs 7#a7 and 7#b71 a ,federal agency shall provide to the ,board1 on request1 any information and data regarding the properties of the ,federal agency4 7,b7 ,failure to comply ,the ,board shall notify the committees described in section #c7;d77#c77;,a7 of any failure by any agency to comply with a request of the ,board4 7#d7 ,leaseback restrictions ,the ,federal ,government may not lease back any of the existing improvements on properties sold under this subsection4 7#e7 ,report of excess ,not later than #fj days after the date on which the recommendations of the ,board pursuant to paragraphs 7#a7 and 7#b7 have been approved1 each ,federal agency with custody1 control1 or administrative jurisdiction over the identified properties shall submit to the ,administrator a report of excess4 7#f7 ,sale ,notwithstanding any other provision of law 7except as provided in section #g7;g771 the ,administrator shall-- 7,a7 not later than #abj days after the date on which the ,administrator receives the report of excess under paragraph 7#e71 initiate the sale of the properties identified pursuant to paragraphs 7#a77;,a7 and 7#b77;,a72 and 7,b7 not later than #a year after the date on which the ,administrator receives the report of excess under paragraph 7#e71 sell the properties referred to in subparagraph 7,a7 at fair market value at highest and best use4 7c7 ,analysis of inventory ,the ,board-- 7#a7 shall perform an independent analysis of the inventory of ,federal tangible property and the recommendations submitted pursuant to section #d2 7#b7 shall not be bound or limited by the recommendations submitted pursuant to section #d2 and 7#c7 in any case in which the ,board determines that a ,federal agency has failed to provide necessary information1 data1 or adequate recommendations that meet the standards and criteria developed under section #d7;b71 shall develop such recommendations as the ,board considers to be appropriate based on existing data contained in the ,federal ,real ,property ,profile or other relevant information4 7d7 ,receipt of information and proposals ,notwithstanding any other provision of law1 the ,board-- 7#a7 may receive and consider proposals1 information1 and other data submitted by ,state and local officials and the private sector2 and 7#b7 shall make any information received under paragraph 7#a7 publicly available4 7e7 ,accounting system ,the ,board shall-- 7#a7 not later than #abj days after the date of enactment of this ,act1 identify or develop and implement a system of accounting to be used to independently evaluate the costs of and returns on the recommendations provided to the ,board under this ,act2 7#b7 use the accounting system referred to in paragraph 7#a7 to assist in-- 7,a7 developing the recommendations of the ,board2 and 7,b7 determining the highest return to the taxpayer2 and 7#c7 establish a standard performance period for use in carrying out paragraphs 7#a7 and 7#b74 7f7 ,public hearings 7#a7 ,in general ,the ,board shall conduct public hearings4 7#b7 ,testimony ,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 ,not later than #abj days after the date of receipt of recommendations pursuant to section #d1 and annually thereafter1 the ,board shall submit to the ,director1 and publicly post on a ,federal ,web site maintained by the ,board1 a report that includes the findings1 conclusions1 and recommendations of the ,board for the consolidation1 exchange1 colocation1 reconfiguration1 lease reduction1 sale1 outlease1 or redevelopment of ,federal tangible properties1 and for other operational efficiencies that can be realized in the operation and maintenance of those properties4 7#b7 ,recommendations for sale or disposal of property ,to the extent that ,board recommendations under paragraph 7#a7 include the sale or disposal of tangible property1 those properties may be reported as excess1 declared surplus1 or determined as no longer meeting the needs of the ,federal ,government1 excluding leasebacks or other similar exchange agreements in which the property continues to be used by the ,federal ,government4 7#c7 ,consensus in majority ,the ,board-- 7,a7 shall seek to develop consensus recommendations2 but 7,b7 if a consensus cannot be obtained1 may include in the report under paragraph 7#a7 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 submit to ,congress and to the ,board a report that includes-- 7#a7 a detailed analysis of the recommendations provided by the ,board under subsection 7g72 and 7#b7 a description of the selection process used to develop the recommendations4 #f4 ,review by the ,office of ,management and ,budget 7a7 ,review of recommendations ,on receipt of the recommendations of the ,board under section #e7;g71 the ,director shall conduct a review of the recommendations4 7b7 ,report to board and congress ,not later than #cj days after the date of receipt of the recommendations of the ,board under section #e7;g71 the ,director shall submit to the ,board and to ,congress a report that describes the approval or disapproval of the recommendations4 7c7 ,approval or disapproval ,if the ,director-- 7#a7 approves the recommendations of the ,board1 the ,director shall submit to ,congress a copy of the recommendations and a certification of the approval2 7#b7 disapproves of the recommendations of the ,board1 in whole or in part-- 7,a7 the ,director shall submit to the ,board and to ,congress the reasons for the disapproval2 and 7,b7 not later than #cj days after the date of disapproval1 the ,board shall submit to the ,director a revised list of recommendations2 7#c7 approves the revised recommendations of the ,board submitted under paragraph 7#b77;,b71 the ,director shall submit to ,congress a copy of the revised recommendations and a certification of the approval2 and 7#d7 does not submit to ,congress an approval and certification in accordance with paragraph 7#a7 or 7#c7 by the date that is #cj days after the date of receipt of the recommendations or revised recommendations of the ,board1 the review process under this section shall terminate until the following year4 #g4 ,implementation of ,board recommendations 7a7 ,carrying out recommendations 7#a7 ,in general ,a ,federal agency shall-- 7,a7 ,not later than #fj days after the date on which the ,board submits recommendations to the ,director and to ,congress under paragraph 7#a7 or 7#c7 of section #f7;c71 begin preparation to carry out the recommendations of the ,board2 7,b7 initiate all activities not later than #b years after the date on which the ,director submits the recommendations of the ,board to ,congress2 and 7,c7 not later than the end of the #f-year period beginning on the date on which the ,director submits to ,congress the recommendations of the ,board1 complete the implementation of all recommended actions4 7#b7 ,actions ,each recommended action taken by a ,federal agency under paragraph 7#a7 shall be economically beneficial and cost-neutral or otherwise favorable to the ,federal ,government4 7#c7 ,extenuating circumstances ,in the case of a recommended action that will take longer than the #f-year period described in paragraph 7#a77;,c7 due to extenuating circumstances1 a ,federal agency shall notify the ,director and ,congress as soon as the extenuating circumstance becomes apparent with an estimated time to complete the relevant action4 7b7 ,actions of ,federal agencies ,pursuant to subsection 7c71 in taking an action related to any ,federal building or facility under this ,act1 a ,federal agency may1 take all such necessary and proper actions1 including-- 7#a7 acquiring land1 constructing replacement facilities1 performing such other activities1 and conducting such 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 property to be sold by clarifying zoning and other limitations on use of the property4 7c7 ,necessary and proper actions 7#a7 ,in general ,except as provided in paragraph 7#b71 in acting on a recommendation of the ,board1 a ,federal agency shall-- 7,a7 act within any authority delegated to the agency2 and 7,b7 if the agency has not been delegated the authority to act on the recommendation1 work in partnership with the ,administrator to carry out the recommendation4 7#b7 ,actions of ,administrator ,the ,administrator may take such necessary and proper actions1 including the sale1 conveyance1 or exchange of tangible property1 as are required to implement the recommendations of the ,board in the time period described in subsection 7a77#a77;,c74 7#c7 ,expert commercial real estate services ,a ,federal agency may enter into no-cost nonappropriated contracts for expert commercial real estate services to carry out the responsibilities of the agency pursuant to the 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 tangible 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 ,disposal of real properties ,any recommendation or commencement of a sale1 disposal1 consolidation1 reconfiguration1 colocation1 or realignment of tangible property shall not be subject to-- 7#a7 the first section through section #c of the ,act of ,may #ai1 #aidh 7#af ,u4,s4,c4 #ffg;b et seq472 7#b7 sections #ajg and #cag of title #bc1 ,united ,states ,code2 7#c7 section #ede7;b77#h7 of title #dj1 ,united ,states ,code2 7#d7 sections #eej1 #eec1 and #eed of title #dj1 ,united ,states ,code2 7#e7 section #acjd7;b7 of title #dj1 ,united ,states ,code2 7#f7 section #dgaea of title #di1 ,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 tangible property owned by the ,federal ,government for no consideration2 and 7#i7 any congressional notification requirement 7other than that under section #ede of title #dj1 ,united ,states ,code74 7f7 ,public benefit 7#a7 ,in general ,on the date on which the ,director submits to ,congress the recommendations of the ,board under paragraph 7#a7 or 7#c7 of section #f7;c7 7except those buildings recommended under section #e7;b771 the ,director shall submit to the ,secretary of ,housing and ,urban ,development all known information on the buildings or properties included in the recommendations4 7#b7 ,action by ,secretary ,not later than #cj days after the ,secretary of ,housing and ,urban ,development receives the information described in paragraph 7#a71 the ,secretary shall identify any suitable properties for use as a property benefitting the mission of assistance to the homeless for the purposes of further screening pursuant to section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa74 7g7 ,environmental considerations 7#a7 ,transfer of real property 7,a7 ,in general ,in implementing the recommendations of the ,board under section #e7;g71 and subject to paragraph 7#b7 a ,federal agency may enter into an agreement with any person to transfer real property by deed pursuant to section #abj7;h77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77#c774 7,b7 ,additional terms 7i7 ,in general ,the head of the ,federal agency disposing of property under this paragraph may require any additional terms and conditions in connection with an agreement authorized by subparagraph 7,a7 as the head of the agency considers appropriate to protect the interests of the ,united ,states4 7ii7 ,no effect on rights or obligations ,additional terms and conditions described in clause 7i7 shall not affect or diminish any rights or obligations of a ,federal agency under section #abj of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj74 7#b7 ,cost certification ,the head of a ,federal agency shall not transfer real property or facilities under paragraph 7#a7 unless the head of the 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 ,federal agency disposing of the property with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred1 as determined by the head of the agency2 or 7,b7 if the costs described in subparagraph 7,a7 are less than the fair market value of the property or facilities1 the recipient of the property or facilities has agreed to pay the difference between the fair market value and those costs4 7#c7 ,payment to recipient of real property ,in the case of a property covered by a certification under paragraph 7#b77;,a71 the ,federal agency disposing of the property may pay the recipient of the property or facilities an amount equal to the lesser of-- 7,a7 the amount by which the costs incurred by the recipient of the property or facilities for all environmental restoration1 waste management1 and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification2 and 7,b7 the amount by which the costs 7as determined by the head of the ,federal agency disposing of the property7 that would otherwise have been incurred by the ,secretary of ,housing and ,urban ,development for the restoration1 waste management1 and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification4 7#d7 ,disclosure to recipient ,as part of an agreement under paragraph 7#a71 the head of the ,federal agency disposing of the property shall1 in accordance with applicable law and before entering into an agreement1 disclose to the person to whom the property or facilities will be transferred information possessed by the agency regarding the environmental restoration1 waste management1 and environmental compliance activities described in this subsection that relate to the property or facilities4 7#e7 ,time extensions ,for the purposes of granting time extensions under subsection 7a71 the ,director shall give the need for significant environmental remediation to a piece of property more weight than any other factor in determining whether to grant a #b-year extension to implement a ,board recommendation4 7#f7 ,savings provision ,nothing in this ,act modifies1 alters1 or amends-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,c7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 #h4 ,funding 7a7 ,establishment of salaries and expenses account 7#a7 ,establishment of account ,there is established in the ,treasury of the ,united ,states an account to be known as the ,tangible ,property ,management ,reform ,board--,salaries and ,expenses account4 7#b7 ,necessary payments ,there shall be deposited into the account established by paragraph 7#a7 such amounts as are provided in appropriations ,acts for those necessary payments for salaries and expenses to accomplish the administrative needs of the ,board4 7b7 ,establishment of asset proceeds and space management fund 7#a7 ,in general ,there is established within the ,federal ,buildings ,fund established by section #eib of title #dj1 ,united ,states ,code1 an account to be known as the ,tangible ,property ,management ,reform ,board--,asset ,proceeds and ,space ,management ,fund1 which shall be used solely for the purposes of carrying out actions under section #g1 pursuant to the recommendations of the ,board approved under section #f4 7#b7 ,amounts deposited into ,fund ,notwithstanding section #ccjg of title #dj1 ,united ,states ,code1 the fund established by paragraph 7#a7 shall consist of-- 7,a7 such amounts as are provided in appropriations ,acts1 to remain available until expended1 for the consolidation1 colocation1 exchange1 redevelopment1 reconfiguration of space1 disposal1 and other actions recommended by the ,board for ,federal agencies2 and 7,b7 amounts received from the sale of any tangible property action taken pursuant to a recommendation of the ,board4 7#c7 ,use of funds 7,a7 ,in general ,the amounts deposited in the fund under paragraph 7#b7 shall be made available for obligation or expenditure only as provided in advance in appropriation ,acts for the purposes described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7,b7 ,use of proceeds ,as provided in appropriations ,acts1 proceeds under paragraph 7#b77;,b7 may be made available to cover necessary costs associated with implementing the recommendations pursuant to section #g1 including costs associated with-- 7i7 sales transactions2 7ii7 acquiring land1 construction1 constructing replacement facilities1 conducting advance planning and design as may be required to transfer functions from a ,federal asset or property to another ,federal civilian property2 7iii7 colocation1 redevelopment1 disposal1 and reconfiguration of space2 and 7iv7 other actions recommended by the ,board for ,federal agencies4 7c7 ,additional requirement for budget contents ,in submitting a budget under section #aaje of title #ca1 ,united ,states ,code1 the ,president shall include-- 7#a7 an estimate of proceeds from implementing the recommendations of the ,board2 and 7#b7 the obligations and expenditures needed to support those recommendations4 #i4 ,congressional approval of proposed projects ,section #ccjg7;b7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#h7 a description of how the proposed project is consistent with criteria established in section #d7;b7 of the ,federal ,asset ,sale and ,transfer ,act of #bjae4 4 #aj4 ,preclusion of judicial review ,the following actions shall not be subject to judicial review3 7#a7 ,an action taken pursuant to section #e or section #f4 7#b7 ,an action taken by the ,board4 #aa4 ,implementation review by ,,gao ,on transmittal of the recommendations of the ,board from the ,director to ,congress under section #f1 and not less frequently than annually thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 monitor and review the implementation activities of ,federal agencies pursuant to section #g2 and 7#b7 report to ,congress any findings and recommendations for improvement of those activities4 #ab4 ,agency retention of proceeds 7a7 ,in general ,section #ega of title #dj1 ,united ,states ,code1 is amended to read as follows3 #ega4 ,general rules for deposit and use of proceeds 7a7 ,proceeds from transfer or sale of tangible property 7#a7 ,deposit of net proceeds ,net proceeds described in subsection 7c7 shall be deposited into the appropriate tangible property account of the agency that had custody and accountability for the tangible property at the time the tangible property is determined to be excess4 7#b7 ,expenditure of net proceeds ,the net proceeds deposited under paragraph 7#a7 may only be expended as authorized in annual appropriations ,acts1 for activities described in sections #edc and #ede1 including for payment of costs incurred by the ,administrator of ,general ,services for any disposal-related activity authorized by this title4 7#c7 ,deficit reduction ,any net proceeds described in subsection 7c7 from the sale1 lease1 or other disposition of surplus tangible property that are not expended under paragraph 7#b7 shall be used for deficit reduction4 7b7 ,effect on other sections ,nothing in this section affects 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-- 7#a7 a transfer of excess tangible property to a ,federal agency for agency use2 or 7#b7 a sale1 lease1 or other disposition of surplus tangible property4 7d7 ,proceeds from transfer or sale of personal property 7#a7 ,in general ,except as otherwise provided in this subchapter1 proceeds described in paragraph 7#b7 shall be deposited in the ,treasury as miscellaneous receipts4 7#b7 ,proceeds ,the proceeds described in this paragraph are proceeds under this chapter from-- 7,a7 a transfer of excess personal property to a ,federal agency for agency use2 or 7,b7 a sale1 lease1 or other disposition of surplus personal property4 7#c7 ,payment of expenses of sale before deposit 7,a7 ,in general ,subject to regulations under this subtitle1 the expenses of the sale of personal property may be paid from the proceeds of the sale so that only the net proceeds are deposited in the ,treasury of the ,united ,states4 7,b7 ,application ,this paragraph applies in a case in which proceeds are deposited-- 7i7 as miscellaneous receipts2 or 7ii7 to the credit of an appropriation as authorized by law4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of termination of the ,board under section #c7;i74 #ac4 ,federal tangible property database 7a7 ,database required ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall publish a single1 comprehensive1 and descriptive database of all ,federal tangible property under the custody and control of all ,federal agencies1 other than ,federal tangible 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 ,federal agency descriptive information1 except for classified information1 of the nature1 use1 and extent of the ,federal tangible property of each agency1 including-- 7#a7 the geographical location of each ,federal tangible property of each agency1 including the address and description for each property2 7#b7 the total size of each ,federal tangible property of each agency1 including square footage and acreage of each property2 7#c7 the relevance of each ,federal tangible property to the mission of the agency2 7#d7 the level of use of each ,federal tangible property for each agency1 including whether the property is excess1 surplus1 underutilized1 or unutilized2 7#e7 the number of days each ,federal tangible property is designated as excess1 surplus1 underutilized1 or unutilized2 7#f7 the annual operating costs of each ,federal tangible property2 and 7#g7 the replacement value of each ,federal tangible property4 7c7 ,access to database 7#a7 ,federal agencies ,the ,administrator shall1 in consultation with the ,director1 make the database under subsection 7a7 available to ,federal agencies4 7#b7 ,public access ,to the extent consistent with national security and procurement laws1 the database under subsection 7a7 shall be publicly accessible 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 under subsection 7a7-- 7#a7 uses an open1 machine-readable format2 7#b7 permits users to search and sort ,federal tangible property data2 and 7#c7 includes a means to download a large amount of ,federal tangible property data and a selection of such data retrieved using a search4 7e7 ,applicability ,nothing in this section requires an agency to make available to the public information that is exempt from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code4 #ad4 ,streamlining the ,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#b77;,a71 by amending clause 7ii7 to read as follows3 7ii7 in the case of surplus property-- 7,i7 for use to assist the homeless either in accordance with this section or as a public health use in accordance with paragraphs 7#a7 and 7#d7 of section #bjc7k7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#dj ,u4,s4,c4 #dhd7k7 7#a7 and 7#d772 and 7,,ii7 to provide permanent housing with or without supportive services to assist the homeless in accordance with this section4 2 7#b7 in subsection 7c77#a77;,a71 in the matter preceding clause 7i71 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#a71 by striking #fj days and inserting #cj days2 7,b7 by striking #fj-;day period each place that term appears and inserting #cj-;day period2 and 7,c7 in paragraph 7#c71 by adding at the end the following3 ,if the representative of the homeless does not request a review of the determination of unsuitability during the #bj-;day period described in this paragraph1 the property shall not be included in any subsequent publication under subsection 7c77#a77;,a77ii7 unless the landholding agency makes changes to the property1 including improvements1 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 #ij days and inserting #ge days2 7ii7 by striking a complete application and inserting an initial application2 and 7iii7 by adding at the end the following3 ,an initial application shall set forth 7,a7 the services that will be offered1 7,b7 the need for the services1 and 7,c7 the experience that the applicant has that demonstrates the ability to provide the services42 7,b7 in paragraph 7#c7-- 7i7 by striking #be days after receipt of a completed application and inserting #aj days after the date on which the ,secretary of ,health and ,human ,services receives an initial application under paragraph 7#b72 and 7ii7 by striking an application and inserting an initial application2 and 7,c7 by adding at the end the following3 7#d7 ,not later than #de days after the date on which the ,secretary of ,health and ,human ,services approves an initial application under paragraph 7#c71 the applicant shall submit to the ,secretary of ,health and ,human ,services a final application1 which shall set forth a reasonable plan to finance the approved program4 7#e7 ,not later than #ae days after the date on which the ,secretary of ,health and ,human ,services receives a final application under paragraph 7#d71 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 a final application4 2 and 7#e7 in subsection 7f77#a71 by striking available by and inserting available1 at the discretion of the applicant1 by4 #ae4 ,surplus tangible property donations to museums ,section #edi7;c77#c77;,b7 of title #dj1 ,united ,states ,code1 is amended by striking clause 7vii7 and inserting the following3 7vii7 a museum attended by the public 7as determined by the ,administrator and including a museum for which the nonprofit educational or public health institution or organization accedes to any request submitted for access72 4 #af4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act-- 7#a7 #b1jjj1jjj for salaries and expenses of the ,board2 and 7#b7 #dj1jjj1jjj to be deposited into the ,federal ,tangible ,property ,management ,reform ,board--,asset ,proceeds and ,space ,management ,fund established by section #h7;b7 for activities related to the implementation of recommendations of the ,board4