[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2375 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2375

  To decrease the deficit by consolidating and selling excess Federal 
               tangible property, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2015

 Mr. Johnson (for himself, Mr. Warner, Mr. Blunt, Mr. Portman, and Mr. 
   Lankford) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To decrease the deficit by consolidating and selling excess Federal 
               tangible property, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Asset Sale and Transfer Act 
of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Board.--The term ``Board'' means the Federal Tangible 
        Property Management Reform Board established by section 3.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (4) Federal agency.--The term ``Federal agency'' means--
                    (A) an executive department or independent 
                establishment in the executive branch of the 
                Government; and
                    (B) a wholly owned Government corporation.
            (5) Federal civilian real property and civilian real 
        property.--
                    (A) In general.--The terms ``Federal civilian real 
                property'' and ``civilian real property'' mean Federal 
                real property assets, including--
                            (i) public buildings (as defined in section 
                        3301 of title 40, United States Code);
                            (ii) occupied and improved grounds;
                            (iii) leased space; and
                            (iv) other physical structures under the 
                        custody and control of any Federal agency.
                    (B) Exclusions.--The terms ``Federal civilian real 
                property'' and ``civilian real property'' do not 
                include--
                            (i) property that is on a military 
                        installation (as defined in section 2910 of the 
                        Defense Base Closure and Realignment Act of 
                        1990 (10 U.S.C. 2687 note; Public Law 101-510)) 
                        (including any fort, camp, post, naval training 
                        station, airfield, proving ground, military 
                        supply depot, military school, or any similar 
                        facility of the Department of Defense);
                            (ii) a base, camp, post, station, yard, 
                        center, homeport facility for any ship, or any 
                        activity under the jurisdiction of the Coast 
                        Guard;
                            (iii) property that is excluded for reasons 
                        of national security by the Director of the 
                        Office of Management and Budget;
                            (iv) property that is excepted from the 
                        definition of the term ``property'' under 
                        section 102 of title 40, United States Code;
                            (v) Indian and Native Alaskan property, 
                        including--
                                    (I) any property within the limits 
                                of any Indian reservation to which the 
                                United States owns title for the 
                                benefit of an Indian tribe; and
                                    (II) any property title which is 
                                held in trust by the United States for 
                                the benefit of any Indian tribe or 
                                individual or held by an Indian tribe 
                                or individual subject to restriction by 
                                the United States against alienation;
                            (vi) property operated and maintained by 
                        the Tennessee Valley Authority pursuant to the 
                        Tennessee Valley Authority Act of 1933 (16 
                        U.S.C. 831 et seq.);
                            (vii) property used in connection with 
                        river, harbor, flood control, reclamation, or 
                        power projects; and
                            (viii) property located outside the United 
                        States that is operated or maintained by the 
                        Department of State or the United States Agency 
                        for International Development.
            (6) Federal tangible property.--
                    (A) In general.--The term ``Federal tangible 
                property'' means any physical property and Federal 
                civilian real property under the custody and control of 
                any Federal agency that exceeds $50,000 in value.
                    (B) Exclusion.--The term ``Federal tangible 
                property'' does not include any records of the Federal 
                Government.
            (7) Field office.--The term ``field office'' means any 
        office of a Federal agency that is not the headquarters office 
        location for the Federal agency.

SEC. 3. FEDERAL TANGIBLE PROPERTY MANAGEMENT REFORM BOARD.

    (a) Establishment.--There is established an independent board to be 
known as the Federal Tangible Property Management Reform Board.
    (b) Duties.--The Board shall carry out the duties described in 
section 5.
    (c) Membership.--
            (1) In general.--The Board shall be composed of--
                    (A) a Chairperson appointed by the President, by 
                and with the advice and consent of the Senate; and
                    (B) 6 members appointed by the President.
            (2) Appointments.--In making appointments to the Board 
        under paragraph (1)(B), the President shall consult with--
                    (A) the Speaker of the House of Representatives 
                concerning the appointment of 2 members;
                    (B) the majority leader of the Senate concerning 
                the appointment of 2 members;
                    (C) the minority leader of the House of 
                Representatives concerning the appointment of 1 member; 
                and
                    (D) the minority leader of the Senate concerning 
                the appointment of 1 member.
            (3) Terms.--The term for each member of the Board shall be 
        6 years.
            (4) Vacancies.--A vacancy on the Board shall be filled in 
        the same manner in which the original appointment was made.
            (5) Qualifications.--In making appointments to the Board, 
        the President shall ensure that the Board contains individuals 
        with expertise representative of--
                    (A) commercial real estate and redevelopment;
                    (B) space optimization and utilization;
                    (C) community development, including transportation 
                and planning; and
                    (D) personal property management, including 
                property accountability, disposal, and recycling of 
                equipment.
    (d) Board Meetings.--
            (1) Open meetings.--
                    (A) In general.--Each meeting of the Board, other 
                than meetings in which classified information is to be 
                discussed, shall--
                            (i) be open to the public; and
                            (ii) be announced in the Federal Register 
                        and the Federal Web site established by the 
                        Board at least 14 calendar days in advance of a 
                        meeting.
                    (B) Agenda; materials.--For each meeting, the Board 
                shall release an agenda and a listing of materials 
                relevant to the topics to be discussed.
            (2) Quorum and meetings.--Of the members of the Board--
                    (A) 5 shall constitute a quorum for the purposes of 
                conducting business; and
                    (B) 3 or more shall constitute a meeting of the 
                Board.
            (3) Transparency of information.--
                    (A) Congress.--All the proceedings, information, 
                and deliberations of the Board shall be open, on 
                request, to the Chairperson and the ranking minority 
                party member, and the respective subcommittee 
                Chairperson and ranking minority party member, of--
                            (i) the Committee on Oversight and 
                        Government Reform of the House of 
                        Representatives;
                            (ii) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (iii) the Committee on Appropriations of 
                        the House of Representatives; and
                            (iv) the Committee on Appropriations of the 
                        Senate.
                    (B) Government accountability office.--All 
                proceedings, information, and deliberations of the 
                Board shall be open, on request, to the Comptroller 
                General of the United States.
    (e) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) Rate of pay for members.--Each member of the 
                Board, other than the Chairperson, shall be paid at a 
                rate equal to the daily equivalent of the minimum 
                annual rate of basic pay payable for level IV of the 
                Executive Schedule under section 5315 of title 5, 
                United States Code, for each day (including travel 
                time) during which the member is engaged in the actual 
                performance of duties vested in the Board.
                    (B) Rate of pay for chairperson.--The Chairperson 
                of the Board shall be paid for each day referred to in 
                subparagraph (A) at a rate equal to the daily 
                equivalent of the minimum annual rate of basic pay 
                payable for level III of the Executive Schedule under 
                section 5314, of title 5, United States Code.
            (2) Travel.--A member of the Board shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (f) Executive Director.--
            (1) Appointment.--The Board--
                    (A) shall appoint an Executive Director; and
                    (B) shall not be required to comply with the 
                provisions of title 5, United States Code, governing 
                appointments in the competitive service.
            (2) Rate of pay for director.--The Executive Director shall 
        be paid at the rate of basic pay payable for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code.
    (g) Staff.--
            (1) Additional personnel.--Subject to paragraph (2), the 
        Executive Director may request additional personnel detailed 
        from Federal agencies.
            (2) Detail employees from other agencies.--On request of 
        the Chairperson and after approval of the Director, the head of 
        any Federal agency shall detail the requested personnel of that 
        agency to the Board to assist the Board in carrying out the 
        duties of the Board.
            (3) Qualifications.--Appointments shall be made with 
        consideration of a balance of expertise consistent with the 
        qualifications of representatives described in subsection 
        (c)(5).
    (h) Contracting Authority.--
            (1) Experts and consultants.--The Board, to the maximum 
        extent practicable and subject to the availability of 
        appropriations, shall use existing contracts, including 
        nonappropriated contracts, entered into by the Administrator 
        for services necessary to carry out the duties of the Board.
            (2) Office space.--The Administrator, in consultation with 
        the Board, shall identify and provide, without charge, suitable 
        office space within the Federal property inventory to house the 
        operations of the Board.
            (3) Personal property.--The Administrator shall provide to 
        the Board any personal property already in the custody and 
        control of the Administrator that is needed to carry out the 
        duties of the Board.
    (i) Termination of Board.--The Board and the authority of the Board 
shall terminate on the date that is 6 years after the date of enactment 
of this Act.

SEC. 4. DEVELOPMENT OF RECOMMENDATIONS TO THE BOARD.

    (a) Submissions of Agency Information and Recommendations.--Not 
later than 120 days after the date of enactment of this Act and not 
later than 120 days after the beginning of each fiscal year thereafter, 
the head of each Federal agency shall submit to the Administrator and 
the Director the following:
            (1) Current data on real property.--Current data of all 
        Federal civilian real properties owned, leased, or controlled 
        by the respective agency (including all relevant information 
        prescribed by the Administrator and the Director), including 
        data relating to--
                    (A) the age and condition of the property;
                    (B) operating costs;
                    (C) the history of capital expenditures;
                    (D) sustainability metrics;
                    (E) the number of Federal employees and functions 
                housed in the respective property; and
                    (F) the square footage (including gross, rentable, 
                and usable) of each property.
            (2) Current data on physical property.--Current data of all 
        Federal physical property owned, leased, or controlled by the 
        respective agency (including all relevant information 
        prescribed by the Administrator and the Director), including 
        data relating to--
                    (A) the age and condition of the property;
                    (B) operating costs;
                    (C) the history of capital expenditures; and
                    (D) warehousing and storage costs.
            (3) Agency recommendations.--Recommendations as to--
                    (A) any Federal tangible properties that can be 
                sold for proceeds and otherwise disposed of, reported 
                as excess, declared surplus, or outleased or are 
                otherwise no longer meeting the needs of the agency, 
                excluding leasebacks or other exchange agreements where 
                the property continues to be used by the agency;
                    (B) any Federal tangible properties that can be 
                transferred, exchanged, consolidated, colocated, 
                reconfigured, shared, or redeveloped--
                            (i) to reduce the tangible property 
                        inventory;
                            (ii) to reduce the operating costs of the 
                        Federal Government; and
                            (iii) to create the highest value and 
                        return for the taxpayer; and
                    (C) operational efficiencies that may be realized 
                by the Federal Government in the operation and 
                maintenance of Federal tangible properties.
    (b) Standards and Criteria.--Not later than 60 days after each date 
specified in subsection (a), the Director, in consultation with the 
Administrator, shall--
            (1) review agency recommendations submitted pursuant to 
        subsection (a);
            (2) develop consistent standards and criteria against which 
        agency recommendations will be reviewed, which shall be 
        developed taking into consideration--
                    (A) the extent to which a Federal building or 
                facility could be sold (including property that is no 
                longer meeting the needs of the Federal Government), 
                redeveloped, outleased, or otherwise used to produce 
                the highest and best value and return for the taxpayer;
                    (B) the extent and timing of potential costs and 
                savings, including the number of years, beginning with 
                the date of completion of the proposed recommendation;
                    (C) for real property--
                            (i) the extent to which the operating and 
                        maintenance costs are reduced through 
                        consolidating, co-locating, and reconfiguring 
                        space, and through realizing other operational 
                        efficiencies;
                            (ii) the extent to which the utilization 
                        rate is being maximized and is consistent with 
                        nongovernmental industry standards for the 
                        given function or operation;
                            (iii) the extent to which reliance on 
                        leasing for long-term space needs is reduced;
                            (iv) the extent to which a Federal building 
                        or facility aligns with the current mission of 
                        the applicable Federal agency;
                            (v) the extent to which there are 
                        opportunities to consolidate similar operations 
                        across multiple agencies or within agencies;
                            (vi) the economic impact on communities in 
                        the vicinity of the Federal building or 
                        facility; and
                            (vii) the extent to which energy 
                        consumption is reduced; and
                    (D) for physical property--
                            (i) the extent to which the property aligns 
                        with the current mission of the Federal agency; 
                        and
                            (ii) the extent to which warehousing and 
                        storage costs can be reduced; and
            (3) develop recommendations for the Board based on the 
        standards and criteria developed under paragraph (2).
    (c) Special Rule for Utilization Rates.--
            (1) In general.--Standards developed by the Director under 
        subsection (b)(2) shall incorporate and apply clear standard 
        utilization rates consistent throughout each category of space 
        and with nongovernment space utilization rates.
            (2) Utilization rate.--To the extent the space utilization 
        rate of a given agency exceeds the utilization rates to be 
        applied under this subsection, the Director may recommend 
        realignment, colocation, consolidation, or other type of action 
        to improve space utilization.
    (d) Submission to the Board.--
            (1) In general.--The standards, criteria, and 
        recommendations developed pursuant to subsection (b)(2) shall 
        be submitted to the Board with all supporting information, 
        data, analyses, and documentation.
            (2) Publication.--The standards, criteria, and 
        recommendations developed pursuant to subsection (b)(2) shall 
        be--
                    (A) published in the Federal Register; and
                    (B) submitted to--
                            (i) the committees described in section 
                        3(d)(3)(A); and
                            (ii) the Comptroller General of the United 
                        States.
            (3) Access to information.--
                    (A) In general.--The Board shall have access to all 
                information pertaining to the recommendations, 
                including supporting information, data, analyses, and 
                documentation submitted pursuant to subsection (a).
                    (B) Information from federal agencies.--On request, 
                a Federal agency shall provide to the Board any 
                additional information pertaining to the civilian real 
                property of the agency.

SEC. 5. DUTIES OF BOARD.

    (a) Identification of Property Reduction Opportunities.--The Board 
shall identify opportunities for the Federal Government--
            (1) to significantly reduce the inventory of tangible 
        property held by the Federal Government; and
            (2) to reduce costs to the Federal Government.
    (b) Identification of High Value Assets.--
            (1) Identification of certain real properties.--Not later 
        than 180 days after the date on which the last Board member has 
        been appointed pursuant to section 3(c), the Board shall--
                    (A) identify not less than 5 Federal civilian real 
                properties that are not on the list of surplus or 
                excess as of that date with a total fair market value 
                of not less than $500,000,000; and
                    (B) submit to the Director and to Congress a list 
                of the properties identified pursuant to subparagraph 
                (A), which shall be--
                            (i) treated as a recommendation under 
                        section 4; and
                            (ii) subject to the approval process 
                        described in section 6.
            (2) Identification of certain physical properties.--Not 
        later than 180 days after the date on which the last Board 
        member has been appointed pursuant to section 3(c), the Board 
        shall--
                    (A) identify not less than 5 Federal moveable 
                physical properties that are not on the list of surplus 
                or excess as of that date with a total fair market 
                value of not less than $100,000; and
                    (B) submit to the Director and to Congress a list 
                of the properties identified pursuant to subparagraph 
                (A), which shall be--
                            (i) treated as a recommendation under 
                        section 4; and
                            (ii) subject to the approval process 
                        described in section 6.
            (3) Information and data.--
                    (A) In general.--To assist the Board in carrying 
                out paragraphs (1) and (2), a Federal agency shall 
                provide to the Board, on request, any information and 
                data regarding the properties of the Federal agency.
                    (B) Failure to comply.--The Board shall notify the 
                committees described in section 3(d)(3)(A) of any 
                failure by any agency to comply with a request of the 
                Board.
            (4) Leaseback restrictions.--The Federal Government may not 
        lease back any of the existing improvements on properties sold 
        under this subsection.
            (5) Report of excess.--Not later than 60 days after the 
        date on which the recommendations of the Board pursuant to 
        paragraphs (1) and (2) have been approved, each Federal agency 
        with custody, control, or administrative jurisdiction over the 
        identified properties shall submit to the Administrator a 
        report of excess.
            (6) Sale.--Notwithstanding any other provision of law 
        (except as provided in section 7(g)), the Administrator shall--
                    (A) not later than 120 days after the date on which 
                the Administrator receives the report of excess under 
                paragraph (5), initiate the sale of the properties 
                identified pursuant to paragraphs (1)(A) and (2)(A); 
                and
                    (B) not later than 1 year after the date on which 
                the Administrator receives the report of excess under 
                paragraph (5), sell the properties referred to in 
                subparagraph (A) at fair market value at highest and 
                best use.
    (c) Analysis of Inventory.--The Board--
            (1) shall perform an independent analysis of the inventory 
        of Federal tangible property and the recommendations submitted 
        pursuant to section 4;
            (2) shall not be bound or limited by the recommendations 
        submitted pursuant to section 4; and
            (3) in any case in which the Board determines that a 
        Federal agency has failed to provide necessary information, 
        data, or adequate recommendations that meet the standards and 
        criteria developed under section 4(b), shall develop such 
        recommendations as the Board considers to be appropriate based 
        on existing data contained in the Federal Real Property Profile 
        or other relevant information.
    (d) Receipt of Information and Proposals.--Notwithstanding any 
other provision of law, the Board--
            (1) may receive and consider proposals, information, and 
        other data submitted by State and local officials and the 
        private sector; and
            (2) shall make any information received under paragraph (1) 
        publicly available.
    (e) Accounting System.--The Board shall--
            (1) not later than 120 days after the date of enactment of 
        this Act, identify or develop and implement a system of 
        accounting to be used to independently evaluate the costs of 
        and returns on the recommendations provided to the Board under 
        this Act;
            (2) use the accounting system referred to in paragraph (1) 
        to assist in--
                    (A) developing the recommendations of the Board; 
                and
                    (B) determining the highest return to the taxpayer; 
                and
            (3) establish a standard performance period for use in 
        carrying out paragraphs (1) and (2).
    (f) Public Hearings.--
            (1) In general.--The Board shall conduct public hearings.
            (2) Testimony.--All testimony before the Board at a public 
        hearing under this subsection shall be presented under oath.
    (g) Reporting of Information and Recommendations.--
            (1) In general.--Not later than 120 days after the date of 
        receipt of recommendations pursuant to section 4, and annually 
        thereafter, the Board shall submit to the Director, and 
        publicly post on a Federal Web site maintained by the Board, a 
        report that includes the findings, conclusions, and 
        recommendations of the Board for the consolidation, exchange, 
        colocation, reconfiguration, lease reduction, sale, outlease, 
        or redevelopment of Federal tangible properties, and for other 
        operational efficiencies that can be realized in the operation 
        and maintenance of those properties.
            (2) Recommendations for sale or disposal of property.--To 
        the extent that Board recommendations under paragraph (1) 
        include the sale or disposal of tangible property, those 
        properties may be reported as excess, declared surplus, or 
        determined as no longer meeting the needs of the Federal 
        Government, excluding leasebacks or other similar exchange 
        agreements in which the property continues to be used by the 
        Federal Government.
            (3) Consensus in majority.--The Board--
                    (A) shall seek to develop consensus 
                recommendations; but
                    (B) if a consensus cannot be obtained, may include 
                in the report under paragraph (1) recommendations that 
                are supported by a majority of the Board.
    (h) Federal Web Site.--The Board shall establish and maintain a 
Federal Web site for the purposes of making relevant information 
publicly available.
    (i) Review by GAO.--The Comptroller General of the United States 
shall submit to Congress and to the Board a report that includes--
            (1) a detailed analysis of the recommendations provided by 
        the Board under subsection (g); and
            (2) a description of the selection process used to develop 
        the recommendations.

SEC. 6. REVIEW BY THE OFFICE OF MANAGEMENT AND BUDGET.

    (a) Review of Recommendations.--On receipt of the recommendations 
of the Board under section 5(g), the Director shall conduct a review of 
the recommendations.
    (b) Report to Board and Congress.--Not later than 30 days after the 
date of receipt of the recommendations of the Board under section 5(g), 
the Director shall submit to the Board and to Congress a report that 
describes the approval or disapproval of the recommendations.
    (c) Approval or Disapproval.--If the Director--
            (1) approves the recommendations of the Board, the Director 
        shall submit to Congress a copy of the recommendations and a 
        certification of the approval;
            (2) disapproves of the recommendations of the Board, in 
        whole or in part--
                    (A) the Director shall submit to the Board and to 
                Congress the reasons for the disapproval; and
                    (B) not later than 30 days after the date of 
                disapproval, the Board shall submit to the Director a 
                revised list of recommendations;
            (3) approves the revised recommendations of the Board 
        submitted under paragraph (2)(B), the Director shall submit to 
        Congress a copy of the revised recommendations and a 
        certification of the approval; and
            (4) does not submit to Congress an approval and 
        certification in accordance with paragraph (1) or (3) by the 
        date that is 30 days after the date of receipt of the 
        recommendations or revised recommendations of the Board, the 
        review process under this section shall terminate until the 
        following year.

SEC. 7. IMPLEMENTATION OF BOARD RECOMMENDATIONS.

    (a) Carrying Out Recommendations.--
            (1) In general.--A Federal agency shall--
                    (A) Not later than 60 days after the date on which 
                the Board submits recommendations to the Director and 
                to Congress under paragraph (1) or (3) of section 6(c), 
                begin preparation to carry out the recommendations of 
                the Board;
                    (B) initiate all activities not later than 2 years 
                after the date on which the Director submits the 
                recommendations of the Board to Congress; and
                    (C) not later than the end of the 6-year period 
                beginning on the date on which the Director submits to 
                Congress the recommendations of the Board, complete the 
                implementation of all recommended actions.
            (2) Actions.--Each recommended action taken by a Federal 
        agency under paragraph (1) shall be economically beneficial and 
        cost-neutral or otherwise favorable to the Federal Government.
            (3) Extenuating circumstances.--In the case of a 
        recommended action that will take longer than the 6-year period 
        described in paragraph (1)(C) due to extenuating circumstances, 
        a Federal agency shall notify the Director and Congress as soon 
        as the extenuating circumstance becomes apparent with an 
        estimated time to complete the relevant action.
    (b) Actions of Federal Agencies.--Pursuant to subsection (c), in 
taking an action related to any Federal building or facility under this 
Act, a Federal agency may, take all such necessary and proper actions, 
including--
            (1) acquiring land, constructing replacement facilities, 
        performing such other activities, and conducting such advance 
        planning and design as may be required to transfer functions 
        from a Federal asset or property to another Federal civilian 
        property;
            (2) reimbursing other Federal agencies for actions 
        performed at the request of the Board; and
            (3) taking such actions as are practicable to maximize the 
        value of property to be sold by clarifying zoning and other 
        limitations on use of the property.
    (c) Necessary and Proper Actions.--
            (1) In general.--Except as provided in paragraph (2), in 
        acting on a recommendation of the Board, a Federal agency 
        shall--
                    (A) act within any authority delegated to the 
                agency; and
                    (B) if the agency has not been delegated the 
                authority to act on the recommendation, work in 
                partnership with the Administrator to carry out the 
                recommendation.
            (2) Actions of administrator.--The Administrator may take 
        such necessary and proper actions, including the sale, 
        conveyance, or exchange of tangible property, as are required 
        to implement the recommendations of the Board in the time 
        period described in subsection (a)(1)(C).
            (3) Expert commercial real estate services.--A Federal 
        agency may enter into no-cost nonappropriated contracts for 
        expert commercial real estate services to carry out the 
        responsibilities of the agency pursuant to the recommendations.
    (d) Discretion of Administrator Regarding Transactions.--For any 
transaction identified, recommended, or commenced as a result of this 
Act, any otherwise required legal priority given to, or requirement to 
enter into, a transaction to convey a Federal tangible property for 
less than fair market value, for no consideration at all, or in a 
transaction that mandates the exclusion of other market participants, 
shall be at the discretion of the Administrator.
    (e) Disposal of Real Properties.--Any recommendation or 
commencement of a sale, disposal, consolidation, reconfiguration, 
colocation, or realignment of tangible property shall not be subject 
to--
            (1) the first section through section 3 of the Act of May 
        19, 1948 (16 U.S.C. 667b et seq.);
            (2) sections 107 and 317 of title 23, United States Code;
            (3) section 545(b)(8) of title 40, United States Code;
            (4) sections 550, 553, and 554 of title 40, United States 
        Code;
            (5) section 1304(b) of title 40, United States Code;
            (6) section 47151 of title 49, United States Code;
            (7) section 13(d) of the Surplus Property Act of 1944 (50 
        U.S.C. App. 1622(d));
            (8) any other provision of law authorizing the conveyance 
        of tangible property owned by the Federal Government for no 
        consideration; and
            (9) any congressional notification requirement (other than 
        that under section 545 of title 40, United States Code).
    (f) Public Benefit.--
            (1) In general.--On the date on which the Director submits 
        to Congress the recommendations of the Board under paragraph 
        (1) or (3) of section 6(c) (except those buildings recommended 
        under section 5(b)), the Director shall submit to the Secretary 
        of Housing and Urban Development all known information on the 
        buildings or properties included in the recommendations.
            (2) Action by secretary.--Not later than 30 days after the 
        Secretary of Housing and Urban Development receives the 
        information described in paragraph (1), the Secretary shall 
        identify any suitable properties for use as a property 
        benefitting the mission of assistance to the homeless for the 
        purposes of further screening pursuant to section 501 of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
    (g) Environmental Considerations.--
            (1) Transfer of real property.--
                    (A) In general.--In implementing the 
                recommendations of the Board under section 5(g), and 
                subject to paragraph (2) a Federal agency may enter 
                into an agreement with any person to transfer real 
                property by deed pursuant to section 120(h)(3) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9620(h)(3)).
                    (B) Additional terms.--
                            (i) In general.--The head of the Federal 
                        agency disposing of property under this 
                        paragraph may require any additional terms and 
                        conditions in connection with an agreement 
                        authorized by subparagraph (A) as the head of 
                        the agency considers appropriate to protect the 
                        interests of the United States.
                            (ii) No effect on rights or obligations.--
                        Additional terms and conditions described in 
                        clause (i) shall not affect or diminish any 
                        rights or obligations of a Federal agency under 
                        section 120 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9620).
            (2) Cost certification.--The head of a Federal agency shall 
        not transfer real property or facilities under paragraph (1) 
        unless the head of the agency certifies to the Board and 
        Congress that--
                    (A) the costs of all environmental restoration, 
                waste management, and environmental compliance 
                activities otherwise to be paid by the Federal agency 
                disposing of the property with respect to the property 
                or facilities are equal to or greater than the fair 
                market value of the property or facilities to be 
                transferred, as determined by the head of the agency; 
                or
                    (B) if the costs described in subparagraph (A) are 
                less than the fair market value of the property or 
                facilities, the recipient of the property or facilities 
                has agreed to pay the difference between the fair 
                market value and those costs.
            (3) Payment to recipient of real property.--In the case of 
        a property covered by a certification under paragraph (2)(A), 
        the Federal agency disposing of the property may pay the 
        recipient of the property or facilities an amount equal to the 
        lesser of--
                    (A) the amount by which the costs incurred by the 
                recipient of the property or facilities for all 
                environmental restoration, waste management, and 
                environmental compliance activities with respect to the 
                property or facilities exceed the fair market value of 
                the property or facilities as specified in the 
                certification; and
                    (B) the amount by which the costs (as determined by 
                the head of the Federal agency disposing of the 
                property) that would otherwise have been incurred by 
                the Secretary of Housing and Urban Development for the 
                restoration, waste management, and environmental 
                compliance activities with respect to the property or 
                facilities exceed the fair market value of the property 
                or facilities as specified in the certification.
            (4) Disclosure to recipient.--As part of an agreement under 
        paragraph (1), the head of the Federal agency disposing of the 
        property shall, in accordance with applicable law and before 
        entering into an agreement, disclose to the person to whom the 
        property or facilities will be transferred information 
        possessed by the agency regarding the environmental 
        restoration, waste management, and environmental compliance 
        activities described in this subsection that relate to the 
        property or facilities.
            (5) Time extensions.--For the purposes of granting time 
        extensions under subsection (a), the Director shall give the 
        need for significant environmental remediation to a piece of 
        property more weight than any other factor in determining 
        whether to grant a 2-year extension to implement a Board 
        recommendation.
            (6) Savings provision.--Nothing in this Act modifies, 
        alters, or amends--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); or
                    (C) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.).

SEC. 8. FUNDING.

    (a) Establishment of Salaries and Expenses Account.--
            (1) Establishment of account.--There is established in the 
        Treasury of the United States an account to be known as the 
        ``Tangible Property Management Reform Board--Salaries and 
        Expenses'' account.
            (2) Necessary payments.--There shall be deposited into the 
        account established by paragraph (1) such amounts as are 
        provided in appropriations Acts for those necessary payments 
        for salaries and expenses to accomplish the administrative 
        needs of the Board.
    (b) Establishment of Asset Proceeds and Space Management Fund.--
            (1) In general.--There is established within the Federal 
        Buildings Fund established by section 592 of title 40, United 
        States Code, an account to be known as the ``Tangible Property 
        Management Reform Board--Asset Proceeds and Space Management 
        Fund'', which shall be used solely for the purposes of carrying 
        out actions under section 7, pursuant to the recommendations of 
        the Board approved under section 6.
            (2) Amounts deposited into fund.--Notwithstanding section 
        3307 of title 40, United States Code, the fund established by 
        paragraph (1) shall consist of--
                    (A) such amounts as are provided in appropriations 
                Acts, to remain available until expended, for the 
                consolidation, colocation, exchange, redevelopment, 
                reconfiguration of space, disposal, and other actions 
                recommended by the Board for Federal agencies; and
                    (B) amounts received from the sale of any tangible 
                property action taken pursuant to a recommendation of 
                the Board.
            (3) Use of funds.--
                    (A) In general.--The amounts deposited in the fund 
                under paragraph (2) shall be made available for 
                obligation or expenditure only as provided in advance 
                in appropriation Acts for the purposes described in 
                subparagraphs (A) and (B) of paragraph (2).
                    (B) Use of proceeds.--As provided in appropriations 
                Acts, proceeds under paragraph (2)(B) may be made 
                available to cover necessary costs associated with 
                implementing the recommendations pursuant to section 7, 
                including costs associated with--
                            (i) sales transactions;
                            (ii) acquiring land, construction, 
                        constructing replacement facilities, conducting 
                        advance planning and design as may be required 
                        to transfer functions from a Federal asset or 
                        property to another Federal civilian property;
                            (iii) colocation, redevelopment, disposal, 
                        and reconfiguration of space; and
                            (iv) other actions recommended by the Board 
                        for Federal agencies.
    (c) Additional Requirement for Budget Contents.--In submitting a 
budget under section 1105 of title 31, United States Code, the 
President shall include--
            (1) an estimate of proceeds from implementing the 
        recommendations of the Board; and
            (2) the obligations and expenditures needed to support 
        those recommendations.

SEC. 9. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

    Section 3307(b) of title 40, United States Code, is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) a description of how the proposed project is 
        consistent with criteria established in section 4(b) of the 
        Federal Asset Sale and Transfer Act of 2015.''.

SEC. 10. PRECLUSION OF JUDICIAL REVIEW.

    The following actions shall not be subject to judicial review:
            (1) An action taken pursuant to section 5 or section 6.
            (2) An action taken by the Board.

SEC. 11. IMPLEMENTATION REVIEW BY GAO.

    On transmittal of the recommendations of the Board from the 
Director to Congress under section 6, and not less frequently than 
annually thereafter, the Comptroller General of the United States 
shall--
            (1) monitor and review the implementation activities of 
        Federal agencies pursuant to section 7; and
            (2) report to Congress any findings and recommendations for 
        improvement of those activities.

SEC. 12. AGENCY RETENTION OF PROCEEDS.

    (a) In General.--Section 571 of title 40, United States Code, is 
amended to read as follows:
``Sec. 571. General rules for deposit and use of proceeds
    ``(a) Proceeds From Transfer or Sale of Tangible Property.--
            ``(1) Deposit of net proceeds.--Net proceeds described in 
        subsection (c) shall be deposited into the appropriate tangible 
        property account of the agency that had custody and 
        accountability for the tangible property at the time the 
        tangible property is determined to be excess.
            ``(2) Expenditure of net proceeds.--The net proceeds 
        deposited under paragraph (1) may only be expended as 
        authorized in annual appropriations Acts, for activities 
        described in sections 543 and 545, including for payment of 
        costs incurred by the Administrator of General Services for any 
        disposal-related activity authorized by this title.
            ``(3) Deficit reduction.--Any net proceeds described in 
        subsection (c) from the sale, lease, or other disposition of 
        surplus tangible property that are not expended under paragraph 
        (2) shall be used for deficit reduction.
    ``(b) Effect on Other Sections.--Nothing in this section affects 
section 572(b), 573, or 574.
    ``(c) Net Proceeds.--The net proceeds described in this subsection 
are proceeds under this chapter, less expenses of the transfer or 
disposition as provided in section 572(a), from--
            ``(1) a transfer of excess tangible property to a Federal 
        agency for agency use; or
            ``(2) a sale, lease, or other disposition of surplus 
        tangible property.
    ``(d) Proceeds From Transfer or Sale of Personal Property.--
            ``(1) In general.--Except as otherwise provided in this 
        subchapter, proceeds described in paragraph (2) shall be 
        deposited in the Treasury as miscellaneous receipts.
            ``(2) Proceeds.--The proceeds described in this paragraph 
        are proceeds under this chapter from--
                    ``(A) a transfer of excess personal property to a 
                Federal agency for agency use; or
                    ``(B) a sale, lease, or other disposition of 
                surplus personal property.
            ``(3) Payment of expenses of sale before deposit.--
                    ``(A) In general.--Subject to regulations under 
                this subtitle, the expenses of the sale of personal 
                property may be paid from the proceeds of the sale so 
                that only the net proceeds are deposited in the 
                Treasury of the United States.
                    ``(B) Application.--This paragraph applies in a 
                case in which proceeds are deposited--
                            ``(i) as miscellaneous receipts; or
                            ``(ii) to the credit of an appropriation as 
                        authorized by law.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of termination of the Board under section 3(i).

SEC. 13. FEDERAL TANGIBLE PROPERTY DATABASE.

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

SEC. 14. STREAMLINING THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

    Section 501 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11411) is amended--
            (1) in subsection (b)(2)(A), by amending clause (ii) to 
        read as follows:
                    ``(ii) in the case of surplus property--
                            ``(I) for use to assist the homeless either 
                        in accordance with this section or as a public 
                        health use in accordance with paragraphs (1) 
                        and (4) of section 203(k) of the Federal 
                        Property and Administrative Services Act of 
                        1949 (40 U.S.C. 484(k) (1) and (4)); and
                            ``(II) to provide permanent housing with or 
                        without supportive services to assist the 
                        homeless in accordance with this section.'';
            (2) in subsection (c)(1)(A), in the matter preceding clause 
        (i), by striking ``in the Federal Register'' and inserting ``on 
        the Web site of the Department of Housing and Urban Development 
        or the General Services Administration'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``60 days'' and 
                inserting ``30 days'';
                    (B) by striking ``60-day period'' each place that 
                term appears and inserting ``30-day period''; and
                    (C) in paragraph (3), by adding at the end the 
                following: ``If the representative of the homeless does 
                not request a review of the determination of 
                unsuitability during the 20-day period described in 
                this paragraph, the property shall not be included in 
                any subsequent publication under subsection 
                (c)(1)(A)(ii) unless the landholding agency makes 
                changes to the property, including improvements, that 
                may change the unsuitable determination and the 
                Secretary subsequently determines the property is 
                suitable.'';
            (4) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) by striking ``90 days'' and inserting 
                        ``75 days'';
                            (ii) by striking ``a complete application'' 
                        and inserting ``an initial application''; and
                            (iii) by adding at the end the following: 
                        ``An initial application shall set forth (A) 
                        the services that will be offered, (B) the need 
                        for the services, and (C) the experience that 
                        the applicant has that demonstrates the ability 
                        to provide the services.'';
                    (B) in paragraph (3)--
                            (i) by striking ``25 days after receipt of 
                        a completed application'' and inserting ``10 
                        days after the date on which the Secretary of 
                        Health and Human Services receives an initial 
                        application under paragraph (2)''; and
                            (ii) by striking ``an application'' and 
                        inserting ``an initial application''; and
                    (C) by adding at the end the following:
            ``(4) Not later than 45 days after the date on which the 
        Secretary of Health and Human Services approves an initial 
        application under paragraph (3), the applicant shall submit to 
        the Secretary of Health and Human Services a final application, 
        which shall set forth a reasonable plan to finance the approved 
        program.
            ``(5) Not later than 15 days after the date on which the 
        Secretary of Health and Human Services receives a final 
        application under paragraph (4), the Secretary of Health and 
        Human Services shall review, make a final determination, and 
        complete all actions on the final application. The Secretary of 
        Health and Human Services shall maintain a public record of all 
        actions taken in response to a final application.''; and
            (5) in subsection (f)(1), by striking ``available by'' and 
        inserting ``available, at the discretion of the applicant, 
        by''.

SEC. 15. SURPLUS TANGIBLE PROPERTY DONATIONS TO MUSEUMS.

    Section 549(c)(3)(B) of title 40, United States Code, is amended by 
striking clause (vii) and inserting the following:
                            ``(vii) a museum attended by the public (as 
                        determined by the Administrator and including a 
                        museum for which the nonprofit educational or 
                        public health institution or organization 
                        accedes to any request submitted for 
                        access);''.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act--
            (1) $2,000,000 for salaries and expenses of the Board; and
            (2) $40,000,000 to be deposited into the Federal Tangible 
        Property Management Reform Board--Asset Proceeds and Space 
        Management Fund established by section 8(b) for activities 
        related to the implementation of recommendations of the Board.
                                 <all>