[Congressional Record (Bound Edition), Volume 162 (2016), Part 5]
[House]
[Pages 6876-6884]
[From the U.S. Government Publishing Office, www.gpo.gov]




              FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016

  Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4465) to decrease the deficit by consolidating and selling 
Federal buildings and other civilian real property, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4465

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

     SEC. 2. PURPOSES.

       The purpose of this Act is to reduce the costs of Federal 
     real estate by--
       (1) consolidating the footprint of Federal buildings and 
     facilities;
       (2) maximizing the utilization rate of Federal buildings 
     and facilities;
       (3) reducing the reliance on leased space;

[[Page 6877]]

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

     SEC. 3. DEFINITIONS.

       In this Act, unless otherwise expressly stated, the 
     following definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Board.--The term ``Board'' means the Public Buildings 
     Reform Board established by section 4.
       (3) CERCLA.--The term ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (4) Federal agency.--The term ``Federal agency'' means an 
     executive department or independent establishment in the 
     executive branch of the Government, and a wholly owned 
     Government corporation.
       (5) Federal civilian real property and civilian real 
     property.--
       (A) In general.--The terms ``Federal civilian real 
     property'' and ``civilian real property'' refer to Federal 
     real property assets, including public buildings as defined 
     in section 3301(a) of title 40, United States Code, occupied 
     and improved grounds, leased space, or other physical 
     structures under the custody and control of any Federal 
     agency.
       (B) Exclusions.--Subparagraph (A) shall not be construed as 
     including any of the following types of property:
       (i) Properties that are on military installations 
     (including any fort, camp, post, naval training station, 
     airfield proving ground, military supply depot, military 
     school, or any similar facility of the Department of 
     Defense).
       (ii) A base, camp, post, station, yard, center, or homeport 
     facility for any ship or activity under the jurisdiction of 
     the Coast Guard.
       (iii) Properties that are excluded for reasons of national 
     security by the Director of the Office of Management and 
     Budget.
       (iv) Properties that are excepted from the definition of 
     the term ``property'' under section 102 of title 40, United 
     States Code.
       (v) Indian and Native Alaskan properties, including--

       (I) any property within the limits of an Indian reservation 
     to which the United States owns title for the benefit of an 
     Indian tribe; and
       (II) any property title that is held in trust by the United 
     States for the benefit of an Indian tribe or individual or 
     held by an Indian tribe or individual subject to restriction 
     by the United States against alienation.

       (vi) Properties operated and maintained by the Tennessee 
     Valley Authority pursuant to the Tennessee Valley Authority 
     Act of 1933 (16 U.S.C. 831 et seq.).
       (vii) Postal properties owned by the United States Postal 
     Service.
       (viii) Properties used in connection with Federal programs 
     for agricultural, recreational, or conservation purposes, 
     including research in connection with the programs.
       (ix) Properties used in connection with river, harbor, 
     flood control, reclamation, or power projects.
       (x) Properties located outside the United States operated 
     or maintained by the Department of State or the United States 
     Agency for International Development.
       (6) Field office.--The term ``field office'' means any 
     Federal office that is not the headquarters office location 
     for the Federal agency.
       (7) HUD.--The term ``HUD'' means the Department of Housing 
     and Urban Development.
       (8) OMB.--The term ``OMB'' means the Office of Management 
     and Budget.
       (9) Value of transactions.--The term ``value of 
     transactions'' means the sum of the estimated proceeds and 
     estimated costs, based on the accounting system developed or 
     identified under section 12(e), associated with the 
     transactions included in Board recommendations.

     SEC. 4. BOARD.

       (a) Establishment.--There is established an independent 
     board to be known as the Public Buildings Reform Board.
       (b) Duties.--The Board shall carry out the duties as 
     specified in this Act.
       (c) Membership.--
       (1) In general.--The Board shall be composed of a 
     Chairperson appointed by the President, by and with the 
     advice and consent of the Senate, and 6 members appointed by 
     the President.
       (2) Appointments.--In selecting individuals for 
     appointments to the Board, the President shall consult with--
       (A) the Speaker of the House of Representatives concerning 
     the appointment of 2 members;
       (B) the majority leader of the Senate concerning the 
     appointment of 2 members;
       (C) the minority leader of the House of Representatives 
     concerning the appointment of 1 member; and
       (D) the minority leader of the Senate concerning the 
     appointment of 1 member.
       (3) Terms.--The term for each member of the Board shall be 
     6 years.
       (4) Vacancies.--Vacancies shall be filled in the same 
     manner as the original appointment.
       (5) Qualifications.--In selecting individuals for 
     appointment to the Board, the President shall ensure that the 
     Board contains individuals with expertise representative of 
     the following:
       (A) Commercial real estate and redevelopment.
       (B) Space optimization and utilization.
       (C) Community development, including transportation and 
     planning.

     SEC. 5. BOARD MEETINGS.

       (a) Open Meetings.--Each meeting of the Board, other than 
     meetings in which classified information is to be discussed, 
     shall be open to the public. Any open meeting shall be 
     announced in the Federal Register and the Federal Web site 
     established by the Board at least 14 calendar days in advance 
     of a meeting. For all public meetings, the Board shall 
     release an agenda and a listing of materials relevant to the 
     topics to be discussed.
       (b) Quorum and Meetings.--Five Board members shall 
     constitute a quorum for the purposes of conducting business 
     and 3 or more Board members shall constitute a meeting of the 
     Board.
       (c) Transparency of Information.--All the proceedings, 
     information, and deliberations of the Board shall be open, 
     upon request, to the Chairperson and ranking minority party 
     member, and their respective subcommittee Chairperson and 
     subcommittee ranking minority party member, of--
       (1) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (2) the Committee on Oversight and Government Reform of the 
     House of Representatives;
       (3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (4) the Committee on Environment and Public Works of the 
     Senate; and
       (5) the Committees on Appropriations of the House of 
     Representatives and the Senate.
       (d) Government Accountability Office.--All proceedings, 
     information, and deliberations of the Board shall be open, 
     upon request, to the Comptroller General of the United 
     States.

     SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--
       (1) Rate of pay for members.--Each member, other than the 
     Chairperson, shall be paid at a rate equal to the daily 
     equivalent of the minimum annual rate of basic pay payable 
     for level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day (including travel 
     time) during which the member is engaged in the actual 
     performance of duties vested in the Board.
       (2) Rate of pay for chairperson.--The Chairperson shall be 
     paid for each day referred to in paragraph (1) at a rate 
     equal to the daily equivalent of the minimum annual rate of 
     basic pay payable for level III of the Executive Schedule 
     under section 5314 of title 5, United States Code.
       (b) Travel.--Members shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5, United States Code.

     SEC. 7. EXECUTIVE DIRECTOR.

       (a) Appointment.--The Board shall appoint an Executive 
     Director, who may be appointed without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service.
       (b) Rate of Pay.--The Executive Director shall be paid at 
     the rate of basic pay payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.

     SEC. 8. STAFF.

       (a) Additional Personnel.--Subject to subsection (b), the 
     Executive Director may request additional personnel detailed 
     from Federal agencies.
       (b) Requests for Detail Employees.--Upon request of the 
     Executive Director and approval of the Board and the Director 
     of OMB, the head of any Federal agency shall detail the 
     requested personnel of that agency to the Board to assist the 
     Board in carrying out its duties under this Act.
       (c) Qualifications.--Appointments shall be made with 
     consideration of a balance of expertise consistent with the 
     qualifications of representatives described in section 
     4(c)(5).

     SEC. 9. CONTRACTING AUTHORITY.

       (a) Experts and Consultants.--The Board, to the extent 
     practicable and subject

[[Page 6878]]

     to appropriations Acts, shall use contracts, including 
     nonappropriated contracts, entered into by the Administrator 
     for services necessary to carry out the duties of the Board.
       (b) Office Space.--The Administrator, in consultation with 
     the Board, shall identify and provide, without charge, 
     suitable office space within the existing Federal space 
     inventory to house the operations of the Board.
       (c) Personal Property.--The Board shall use personal 
     property already in the custody and control of the 
     Administrator.

     SEC. 10. TERMINATION.

       The Board shall cease operations and terminate 6 years 
     after the date of enactment of this Act.

     SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD.

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

     SEC. 12. BOARD DUTIES.

       (a) Identification of Property Reduction Opportunities.--
     The Board shall identify opportunities for the Government to 
     reduce significantly its inventory of civilian real property 
     and reduce costs to the Government.
       (b) Identification of High Value Assets.--
       (1) Identification of certain properties.--Not later than 
     180 days after Board members are appointed pursuant to 
     section 4, the Board shall--
       (A) identify not fewer than 5 Federal civilian real 
     properties that are not on the list of surplus or excess as 
     of such date with a total fair market value of not less than 
     $500,000,000 and not more than $750,000,000; and
       (B) transmit the list of the Federal civilian real 
     properties to the Director of OMB and Congress as Board 
     recommendations and subject to the approval process described 
     in section 13.
       (2) Information and data.--In order to meet the goal 
     established under paragraph (1), each Federal agency shall 
     provide, upon request, any and all information and data 
     regarding its civilian real properties to the Board. The 
     Board shall notify the committees listed in section 5(c) of 
     any failure by an agency to comply with a request of the 
     Board.
       (3) Factors.--In identifying properties pursuant to 
     paragraph (1), the Board shall consider the factors listed in 
     section 11(b)(3).
       (4) Leaseback restrictions.--None of the existing 
     improvements on properties sold under this subsection may be 
     leased back to the Government.
       (5) Report of excess.--Not later than 60 days after the 
     approval of Board recommendations pursuant to paragraph (1), 
     Federal agencies with custody, control, or administrative 
     jurisdiction over the identified properties shall submit a 
     Report of Excess to the General Services Administration.
       (6) Sale.--
       (A) Initiation of sale.--Not later than 120 days after the 
     acceptance by the Administrator of the Report of Excess and 
     notwithstanding any other provision of law (including section 
     501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411), but except as provided in section 14(g)), the General 
     Services Administration shall initiate the sale of the 
     civilian real properties described in paragraph (1).
       (B) Completion of sale.--Not later than 1 year after the 
     acceptance of the Report of Excess, the Administrator shall 
     sell the civilian real properties at fair market value at 
     highest and best use, unless the Director of OMB determines 
     it is in the financial interest of the Government to execute 
     a sale more than a year after the acceptance of the Report of 
     Excess, but not greater than two years after the acceptance 
     of the Report of Excess.
       (c) Analysis of Inventory.--The Board shall perform an 
     independent analysis of the inventory of Federal civilian 
     real property and the recommendations submitted pursuant to 
     section 11. The Board shall not be bound or limited by the 
     recommendations submitted pursuant to section 11. If, in the 
     opinion of the Board, an agency fails to provide needed 
     information, data, or adequate recommendations that meet the 
     standards and criteria, the Board shall develop such 
     recommendations as the Board considers appropriate based on 
     existing data contained in the Federal Real Property Profile 
     or other relevant information.
       (d) Information and Proposals.--
       (1) Receipt.--Notwithstanding any other provision of law, 
     the Board may receive and consider proposals, information, 
     and other data submitted by State and local officials and the 
     private sector.

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       (2) Consultation.--The Board shall consult with State and 
     local officials on information, proposals, and other data 
     that the officials submit to the Board.
       (3) Availability.--Information submitted to the Board shall 
     be made publicly available.
       (e) Accounting System.--Not later than 120 days after the 
     date of enactment of this Act, the Board shall identify or 
     develop and implement a system of accounting to be used to 
     independently evaluate the costs of and returns on the 
     recommendations. Such accounting system shall be applied in 
     developing the Board's recommendations and determining the 
     highest return to the taxpayer. In applying the accounting 
     system, the Board shall set a standard performance period of 
     not less than 15 years.
       (f) Public Hearing.--The Board shall conduct public 
     hearings. All testimony before the Board at a public hearing 
     under this subsection shall be presented under oath.
       (g) Reporting of Information and Recommendations.--
       (1) In general.--Subject to the schedule and limitations 
     specified in paragraph (2), the Board shall transmit to the 
     Director of OMB, and publicly post on a Federal Web site 
     maintained by the Board, reports containing the Board's 
     findings, conclusions, and recommendations for--
       (A) the consolidation, exchange, co-location, 
     reconfiguration, lease reductions, sale, outlease, and 
     redevelopment of Federal civilian real properties; and
       (B) other operational efficiencies that can be realized in 
     the Government's operation and maintenance of such 
     properties.
       (2) Schedule and limitations.--
       (A) First round.--Not later than 2 years after the date of 
     transmittal of the list of properties recommended pursuant to 
     subsection (b), the Board shall transmit to the Director of 
     OMB the first report required under paragraph (1). The total 
     value of transactions contained in the first report may not 
     exceed $2,500,000,000.
       (B) Second round.--Not earlier than 3 years after the date 
     of transmittal of the first report, the Board shall transmit 
     to the Director of OMB the second report required under 
     paragraph (1). The total value of transactions contained in 
     the second report may not exceed $4,750,000,000.
       (3) Consensus in majority.--The Board shall seek to develop 
     consensus recommendations, but if a consensus cannot be 
     obtained, the Board may include in the reports required under 
     this subsection recommendations that are supported by a 
     majority of the Board.
       (h) Federal Web Site.--The Board shall establish and 
     maintain a Federal Web site for the purposes of making 
     relevant information publicly available.
       (i) Review by GAO.--The Comptroller General of the United 
     States shall transmit to Congress and the Board a report 
     containing a detailed analysis of the recommendations and 
     selection process.

     SEC. 13. REVIEW BY OMB.

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

     SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS.

       (a) Deadlines.--
       (1) Preparation.--Federal agencies shall--
       (A) not later than 60 days after the Director of OMB 
     transmits the Board's recommendations to Congress pursuant to 
     paragraph (1) or (4) of section 13(c), immediately begin 
     preparations to carry out the Board's recommendations; and
       (B) not later than 2 years after such transmittal, initiate 
     all activities necessary to carry out the Board's 
     recommendations.
       (2) Completion.--Not later than 6 years after the Director 
     of OMB transmits the Board's recommendations to Congress 
     pursuant to paragraph (1) or (4) of section 13(c), Federal 
     agencies shall complete all recommended actions. All actions 
     shall be economically beneficial, cost neutral, or otherwise 
     favorable to the Government.
       (3) Extenuating circumstances.--For actions that will take 
     longer than the 6-year period described in paragraph (2) due 
     to extenuating circumstances, Federal agencies shall notify 
     the Director of OMB and Congress, as soon as the extenuating 
     circumstance presents itself, with an estimated time to 
     complete the relevant action.
       (b) Actions of Federal Agencies Related to Civilian Real 
     Properties.--In taking actions related to any civilian real 
     property under this Act, Federal agencies may take, pursuant 
     to subsection (c), all such necessary and proper actions, 
     including--
       (1) acquiring land, constructing replacement facilities, 
     performing such other activities, and conducting advance 
     planning and design as may be required to transfer functions 
     from a Federal asset or property to another Federal civilian 
     property;
       (2) reimbursing other Federal agencies for actions 
     performed at the request of the Board; and
       (3) taking such actions as are practicable to maximize the 
     value of Federal civilian real property to be sold by 
     clarifying zoning and other limitations on use of such 
     property.
       (c) Actions of Federal Agencies To Implement Board 
     Recommendations.--
       (1) Use of existing legal authorities.--
       (A) In general.--Except as provided in paragraph (2), when 
     acting on a recommendation of the Board, a Federal agency 
     shall--
       (i) in consultation with the Administrator, continue to act 
     within the Federal agency's existing legal authorities, 
     including legal authorities delegated to the Federal agency 
     by the Administrator; or
       (ii) work in partnership with the Administrator to carry 
     out such actions.
       (B) Necessary and proper actions.--The Administrator may 
     take such necessary and proper actions, including the sale, 
     conveyance, or exchange of civilian real property, as 
     required to implement the Board's recommendations in the time 
     period required under subsection (a).
       (2) Experts.--A Federal agency may enter into no cost, 
     nonappropriated contracts for expert commercial real estate 
     services to carry out the Federal agency's responsibilities 
     pursuant to the recommendations.
       (d) Discretion of Administrator Regarding Transactions.--
     For any transaction identified, recommended, or commenced as 
     a result of this Act, any otherwise required legal priority 
     given to, or requirement to enter into, a transaction to 
     convey a Federal civilian real property for less than fair 
     market value, for no consideration at all, or in a 
     transaction that mandates the exclusion of other market 
     participants, shall be at the discretion of the 
     Administrator.
       (e) Relationship to Other Laws.--Any recommendation or 
     commencement of a sale, disposal, consolidation, 
     reconfiguration, co-location, or realignment of civilian real 
     property under this Act shall not be subject to--
       (1) section 545(b)(8) of title 40, United States Code;
       (2) sections 550, 553, and 554 of title 40, United States 
     Code;
       (3) any section of the Act entitled ``An Act Authorizing 
     the transfer of certain real property for wildlife, or other 
     purposes'' (16 U.S.C. 667b);
       (4) section 47151 of title 49, United States Code;
       (5) sections 107 and 317 of title 23, United States Code;
       (6) section 1304(b) of title 40, United States Code;
       (7) section 13(d) of the Surplus Property Act of 1944 (50 
     U.S.C. App. 1622(d));
       (8) any other provision of law authorizing the conveyance 
     of real property owned by the Government for no 
     consideration; and
       (9) any congressional notification requirement other than 
     that in section 545 of title 40, United States Code.
       (f) Public Benefit.--
       (1) Submission of information to hud.--The Director of OMB 
     shall submit to the Secretary of HUD, on the same day the 
     Director of OMB submits the Board's recommendations to 
     Congress pursuant to paragraphs (1) and (4) of section 13(c), 
     all known information on Federal civilian real properties 
     that are included in the recommendations (except those 
     recommended under section 12(b)).
       (2) HUD to report to board.--Not later than 30 days after 
     the submission of information on Federal properties under 
     paragraph (1), the Secretary shall identify any suitable 
     civilian real properties for use as a property benefiting the 
     mission of assistance to the homeless for the purposes of 
     further screening pursuant to section 501 of the McKinney-

[[Page 6880]]

     Vento Homeless Assistance Act (42 U.S.C. 11411).
       (3) Additional authority.--Following the review under 
     paragraph (2), with respect to a civilian real property that 
     is not identified by the Secretary as suitable for use as a 
     property benefiting the mission of assistance to the homeless 
     and that has been recommended for sale by the Board, the 
     Director of OMB may exclude the property from the Board's 
     recommendations if the Director determines that the property 
     is suitable for use as a public park or recreation area by a 
     State or local government and it is in the best interest of 
     taxpayers.
       (g) Environmental Considerations.--
       (1) Transfers of real property.--
       (A) In general.--When implementing the recommended actions 
     for civilian real properties that have been identified in the 
     Board's report, as specified in section 12(g), and subject to 
     paragraph (2) and in compliance with CERCLA, including 
     section 120(h) of CERCLA (42 U.S.C. 9620(h)), Federal 
     agencies may enter into an agreement to transfer by deed, 
     pursuant to section 120(h)(3) of that Act (42 U.S.C. 
     9620(h)(3)), civilian real property with any person.
       (B) Additional terms and conditions.--The head of the 
     disposing agency may require any additional terms and 
     conditions in connection with an agreement authorized by 
     subparagraph (A) as the head of the disposing agency 
     considers appropriate to protect the interests of the United 
     States. Such additional terms and conditions shall not affect 
     or diminish any rights or obligations of the Federal agencies 
     under section 120(h) of CERCLA (including, without 
     limitation, the requirements of subsections (h)(3)(A) and 
     (h)(3)(C)(iv) of that section).
       (2) Certification concerning costs.--A transfer of Federal 
     civilian real property may be made under paragraph (1) only 
     if the head of the disposing agency certifies to the Board 
     and Congress that--
       (A) the costs of all environmental restoration, waste 
     management, and environmental compliance activities otherwise 
     to be paid by the disposing agency with respect to the 
     property are equal to or greater than the fair market value 
     of the property to be transferred, as determined by the head 
     of the disposing agency; or
       (B) if such costs are lower than the fair market value of 
     the property, the recipient of the property agrees to pay the 
     difference between the fair market value and such costs.
       (3) Payments to recipients.--In the case of a civilian real 
     property covered by a certification under paragraph (2)(A), 
     the disposing agency may pay the recipient of such property 
     an amount equal to the lesser of--
       (A) the amount by which the costs incurred by the recipient 
     of such property for all environmental restoration, waste 
     management, and environmental compliance activities with 
     respect to such property exceed the fair market value of such 
     property as specified in such certification; or
       (B) the amount by which the costs (as determined by the 
     head of the disposing agency) that would otherwise have been 
     incurred by the Secretary for such restoration, waste 
     management, and environmental compliance activities with 
     respect to such property exceed the fair market value of such 
     property as so specified.
       (4) Information to be provided to recipients.--As part of 
     an agreement under paragraph (1), the head of the disposing 
     agency shall disclose, in accordance with applicable law, to 
     the person to whom the civilian real property will be 
     transferred information possessed by the disposing agency 
     regarding the environmental restoration, waste management, 
     and environmental compliance activities that relate to the 
     property. The head of the disposing agency shall provide such 
     information before entering into the agreement.
       (5) Consideration of environmental remediation in granting 
     time extensions.--For the purposes of granting time 
     extensions under subsection (a), the Director of OMB shall 
     give the need for significant environmental remediation to a 
     civilian real property more weight than any other factor in 
     determining whether to grant an extension to implement a 
     Board recommendation.
       (6) Limitation on statutory construction.--Nothing in this 
     Act may be construed to modify, alter, or amend CERCLA, the 
     National Environmental Policy Act of 1969, or the Solid Waste 
     Disposal Act (42 U.S.C. 6901 et seq.).

     SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 16. FUNDING.

       (a) Salaries and Expenses Account.--
       (1) Establishment.--There is established in the Treasury of 
     the United States an account to be known as the ``Public 
     Buildings Reform Board Salaries and Expenses Account'' (in 
     this subsection referred to as the ``Account'').
       (2) Necessary payments.--There shall be deposited into the 
     Account such amounts, as are provided in appropriations Acts, 
     for those necessary payments for salaries and expenses to 
     accomplish the administrative needs of the Board.
       (b) Asset Proceeds and Space Management Fund.--
       (1) Establishment.--There is established within the Federal 
     Buildings Fund established under section 592 of title 40, 
     United States Code, an account to be known as the Public 
     Buildings Reform Board--Asset Proceeds and Space Management 
     Fund (in this subsection referred to as the ``Fund'').
       (2) Use of amounts.--Amounts in the Fund shall be used 
     solely for the purposes of carrying out actions pursuant to 
     the Board recommendations approved under section 13.
       (3) Deposits.--The following amounts shall be deposited 
     into the Fund and made available for obligation or 
     expenditure only as provided in advance in appropriations 
     Acts (subject to section 3307 of title 40, United States 
     Code, to the extent an appropriation normally covered by that 
     section exceeds $20,000,000) for the purposes specified:
       (A) Such amounts as are provided in appropriations Acts, to 
     remain available until expended, for the consolidation, co-
     location, exchange, redevelopment, reconfiguration of space, 
     disposal, and other actions recommended by the Board for 
     Federal agencies.
       (B) Amounts received from the sale of any civilian real 
     property action taken pursuant to a recommendation of the 
     Board.
       (4) Use of amounts to cover costs.--As provided in 
     appropriations Acts, amounts in the Fund may be made 
     available to cover necessary costs associated with 
     implementing the recommendations pursuant to section 14, 
     including costs associated with--
       (A) sales transactions;
       (B) acquiring land, construction, constructing replacement 
     facilities, and conducting advance planning and design as may 
     be required to transfer functions from a Federal asset or 
     property to another Federal civilian property;
       (C) co-location, redevelopment, disposal, and 
     reconfiguration of space; and
       (D) other actions recommended by the Board for Federal 
     agencies.
       (c) Additional Requirement for Budget Contents.--The 
     President shall transmit along with the President's budget 
     submitted pursuant to section 1105 of title 31, United States 
     Code, an estimate of proceeds that are the result of the 
     Board's recommendations and the obligations and expenditures 
     needed to support such recommendations.

     SEC. 17. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

       Section 3307(b) of title 40, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) a statement of how the proposed project is consistent 
     with the standards and criteria developed under section 11(b) 
     of the Federal Assets Sale and Transfer Act of 2016.''.

     SEC. 18. PRECLUSION OF JUDICIAL REVIEW.

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

     SEC. 19. IMPLEMENTATION REVIEW BY GAO.

       Upon transmittal of the Board's recommendations from the 
     Director of OMB to Congress under section 13, the Comptroller 
     General of the United States at least annually shall monitor 
     and review the implementation activities of Federal agencies 
     pursuant to section 14, and report to Congress any findings 
     and recommendations.

     SEC. 20. AGENCY RETENTION OF PROCEEDS.

       (a) In General.--Section 571 of title 40, United States 
     Code, is amended by striking subsections (a) and (b) and 
     inserting the following:
       ``(a) Proceeds From Transfer or Sale of Real Property.--
       ``(1) Deposit of net proceeds.--Net proceeds described in 
     subsection (c) shall be deposited into the appropriate real 
     property account of the agency that had custody and 
     accountability for the real property at the time the real 
     property is determined to be excess.
       ``(2) Expenditure of net proceeds.--The net proceeds 
     deposited pursuant to paragraph (1) may only be expended, as 
     authorized in annual appropriations Acts, for activities 
     described in sections 543 and 545, including paying costs 
     incurred by the General Services Administration for any 
     disposal-related activity authorized by this chapter.
       ``(3) Deficit reduction.--Any net proceeds described in 
     subsection (c) from the sale, lease, or other disposition of 
     surplus real property that are not expended under paragraph 
     (2) shall be used for deficit reduction. Any net proceeds not 
     obligated within 3 years after the date of deposit and not 
     expended within 5 years after such date shall be deposited as 
     miscellaneous receipts in the Treasury.
       ``(b) Effect on Other Sections.--Nothing in this section is 
     intended to affect section 572(b), 573, or 574.
       ``(c) Net Proceeds.--The net proceeds described in this 
     subsection are proceeds under

[[Page 6881]]

     this chapter, less expenses of the transfer or disposition as 
     provided in section 572(a), from a--
       ``(1) transfer of excess real property to a Federal agency 
     for agency use; or
       ``(2) sale, lease, or other disposition of surplus real 
     property.''.
       (b) Effective Date.--The provisions of this section, 
     including the amendments made by this section, shall take 
     effect upon the termination of the Board pursuant to section 
     10 and shall not apply to proceeds from transactions 
     conducted under section 14.

     SEC. 21. FEDERAL REAL PROPERTY DATABASE.

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

     SEC. 22. STREAMLINING MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

       Section 501 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11411) is amended--
       (1) in subsection (b)(2)--
       (A) by striking ``(2)(A)'' and inserting ``(2)'';
       (B) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively;
       (C) in subparagraph (A) (as so redesignated) by striking 
     ``and'' at the end;
       (D) in subparagraph (B) (as so redesignated) by striking 
     the period at the end and inserting ``; and''; and
       (E) by adding at the end the following:
       ``(C) in the case of surplus property, the provision of 
     permanent housing with or without supportive services is an 
     eligible use to assist the homeless under this section.'';
       (2) in subsection (c)(1)(A) by striking ``in the Federal 
     Register'' and inserting ``on the Web site of the Department 
     of Housing and Urban Development or the General Services 
     Administration'';
       (3) in subsection (d)--
       (A) in paragraph (1) by striking ``period of 60 days'' and 
     inserting ``period of 30 days'';
       (B) in paragraphs (2) and (4) by striking ``60-day period'' 
     and inserting ``30-day period''; and
       (C) in paragraph (3) by adding at the end the following: 
     ``If no such review of the determination is requested within 
     the 20-day period, such property will not be included in 
     subsequent publications unless the landholding agency makes 
     changes to the property (e.g. improvements) that may change 
     the unsuitable determination and the Secretary subsequently 
     determines the property is suitable.'';
       (4) in subsection (e)--
       (A) in paragraph (2)--
       (i) by striking ``(2)'' and inserting ``(2)(A)'';
       (ii) in subparagraph (A) (as so designated)--

       (I) by striking ``90 days'' and inserting ``75 days''; and
       (II) by striking ``a complete application'' and inserting 
     ``an initial application''; and

       (iii) by adding at the end the following:
       ``(B) An initial application shall set forth--
       ``(i) the services that will be offered;
       ``(ii) the need for the services; and
       ``(iii) the experience of the applicant that demonstrates 
     the ability to provide the services.'';
       (B) in paragraph (3) by striking ``25 days after receipt of 
     a completed application'' and inserting ``10 days after 
     receipt of an initial application''; and
       (C) by adding at the end the following:
       ``(4) If the Secretary of Health and Human Services 
     approves an initial application, the applicant has 45 days in 
     which to provide a final application that sets forth a 
     reasonable plan to finance the approved program.
       ``(5) No later than 15 days after receipt of the final 
     application, the Secretary of Health and Human Services shall 
     review, make a final determination, and complete all actions 
     on the final application. The Secretary of Health and Human 
     Services shall maintain a public record of all actions taken 
     in response to an application.''; and
       (5) in subsection (f)(1) by striking ``available by'' and 
     inserting ``available, at the applicant's discretion, by''.

     SEC. 23. ADDITIONAL PROPERTY.

       Section 549(c)(3)(B)(vii) of title 40, United States Code, 
     is amended to read as follows:
       ``(vii) a museum attended by the public, and, for purposes 
     of determining whether a museum is attended by the public, 
     the Administrator shall consider a museum to be public if the 
     nonprofit educational or public health institution or 
     organization, at minimum, accedes to any request submitted 
     for access during business hours;''.

     SEC. 24. SALE OF 12TH AND INDEPENDENCE.

       (a) Definition.--In this section, the term ``property'' 
     means the property located in the District of Columbia, 
     subject to survey and as determined by the Administrator of 
     General Services, generally consisting of Squares 325 and 326 
     and a portion of Square 351 and generally bounded by 12th 
     Street, Independence Avenue, C Street, and the James 
     Forrestal Building, all in Southwest Washington, District of 
     Columbia, and shall include all associated air rights, 
     improvements thereon, and appurtenances thereto.
       (b) Sale.--Not later than December 31, 2018, the 
     Administrator of General Services shall sell the property at 
     fair market value at highest and best use.
       (c) Net Proceeds.--Any net proceeds received shall be paid 
     into an account in the Federal Buildings Fund established 
     under section 592 of title 40, United States Code. Upon 
     deposit, the net proceeds from the sale may be expended only 
     subject to a specific future appropriation.

     SEC. 25. SALE OF COTTON ANNEX.

       (a) Definition.--In this section, the term ``property'' 
     means property located in the District of Columbia, subject 
     to survey and as determined by the Administrator, generally 
     consisting of Square 326 south of C Street, all in Southwest 
     Washington, District of Columbia, including the building 
     known as the Cotton Annex.
       (b) Sale.--Not later than December 31, 2018, the 
     Administrator of General Services shall sell the property at 
     fair market value at highest and best use.
       (c) Net Proceeds.--Any net proceeds received shall be paid 
     into an account in the Federal Buildings Fund established 
     under section 592 of title 40, United States Code. Upon 
     deposit, the net proceeds from the sale may be expended only 
     subject to a specific future appropriation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Barletta) and the gentleman from Indiana (Mr. Carson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
include any extraneous material on H.R. 4465, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 4465, as amended, includes reforms that will reduce the deficit 
through the consolidation and selling of Federal buildings and 
improving the management of Federal real property. I am pleased to be a 
cosponsor of this legislation.
  I want to recognize the tireless work of the gentleman and former 
chair of the Economic Development, Public Buildings, and Emergency 
Management Subcommittee, Mr. Denham, for his leadership on this issue, 
along with the chairman of the Committee on Oversight and Government 
Reform, Mr.

[[Page 6882]]

Chaffetz. This bipartisan legislation incorporates critical provisions 
crafted by both committees to address decades-old problems related to 
Federal real property.
  H.R. 4465, as amended, establishes a pilot program that includes an 
independent review of the Federal real property inventory and 
development of recommendations for the disposition of vacant and 
underutilized properties. We have had hearings highlighting Federal 
buildings sitting vacant, costing the taxpayer through maintenance 
costs and unrealized sale proceeds. These buildings are often eyesores 
in local communities and provide no local tax benefits.
  Agencies have been slow in getting rid of unneeded properties. For 
example, the Old Georgetown Heating Plant, in one of the most expensive 
areas of D.C., sat vacant for 11 years and was only sold after our 
committee held a hearing spotlighting the vacant property. The pilot 
included in this legislation will result in an independent look across 
agencies at opportunities to sell, redevelop, and consolidate Federal 
properties.
  Following the pilot, H.R. 4465, as amended, would then allow agencies 
to retain a portion of the disposal proceeds to offset the up-front 
cost of property disposal.
  The legislation will also codify the Federal real property database, 
providing for better congressional oversight of the real property 
inventory. If this bill works as intended, we can make significant 
strides in reducing the cost to the taxpayer and putting underused 
properties back on local tax rolls for redevelopment.
  I urge my colleagues to support passage of this important 
legislation.
  I reserve the balance of my time.
  Mr. CARSON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 4465, the Federal Assets Sale and Transfer 
Act of 2016. This bill begins the process of reforming GSA's public 
building services.
  I would like to, first of all, recognize wholeheartedly my very good 
friend, whom I had an opportunity to travel with, my colleague from 
California (Mr. Denham) for his work in bringing this bill before the 
Transportation Committee and now the full House, and also my colleague 
Chairman Barletta.
  Today's legislation, Mr. Speaker, really has the potential to be a 
valuable tool in right-sizing our Federal footprint. It authorizes an 
independent board that could provide a source of revenue for the 
Federal Government to invest in its existing buildings and to better 
manage its real estate portfolio. The board would make recommendations 
to dispose of unneeded and underutilized real estate, and it would make 
recommendations to consolidate Federal real estate functions where 
appropriate.
  H.R. 4465 is consistent with several governmentwide memoranda issued 
by the President that ordered agencies to reduce and freeze their real 
estate footprints. These directives represent the administration's 
sustained priority of improving the management of Federal real estate. 
I believe H.R. 4465 dovetails well with the administration's priorities 
and begins to address the issue in very meaningful ways.
  Both the Transportation Committee and the Government Accountability 
Office, or GAO, have repeatedly raised concerns about the way Federal 
real property has been managed. The proposed board would be highly 
instrumental in reconfiguring, co-locating, and even realigning the 
Federal real estate portfolio with best practices.
  Although I believe the board can serve an important role in disposing 
of unneeded real estate, I also urge the board to not sell real estate 
assets in a soft market or sell properties that hamstring the 
government's ability to house Federal employees in the future. Expert 
and specialized skill is still very necessary to dispose of 
underutilized real estate assets while avoiding selling property the 
government could need in the future. Without this expertise, we could 
end up with transactions leading to future long-term leasing because of 
the haphazard disposal of underutilized real estate.
  It is very important to note that today's legislation contains 
several checks and balances. As a result of the concerns expressed on 
my side of the aisle, there were several changes to the bill while 
negotiating the final version. Instead of the bill requiring six annual 
recommendations, as originally proposed, the board will now make three 
sets of detailed recommendations over 6 years so that Congress can 
conduct oversight of the board's actions and properly gauge the 
alignment of the board's goals with congressional priorities.
  In addition, the aggregate value of transactions is capped at no more 
than $8 billion. Each potential real estate action with a value above 
$20 million will require an appropriation that will go through the 
normal GSA prospectus approval process.
  Now, Mr. Speaker, Federal agencies will be required to coordinate 
construction and alteration projects with GSA. I appreciate that the 
sponsors of this important legislation were willing to work with us to 
address these concerns, and we look forward to continuing this great 
work as it is being implemented.
  In conclusion, Mr. Speaker, I support today's legislation. It creates 
an independent board to make recommendations on how to meet the goal of 
right-sizing the Federal real estate portfolio and saving taxpayers 
millions of dollars.
  I intend to conduct vigorous oversight of this board and the actions 
taken by GSA in order to make it a success.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BARLETTA. Mr. Speaker, I yield 5 minutes to the gentleman from 
California (Mr. Denham).
  Mr. DENHAM. Mr. Speaker, I rise today in support of legislation I 
have authored to help reduce the size of the Federal footprint.
  I first would like to thank Chairman Shuster and Chairman Barletta 
for their ongoing support in this effort, as well as Ranking Member 
DeFazio and Ranking Member Carson for their help also.
  This is truly a bipartisan bill. It is a bill that has garnered a lot 
of support because we have worked with both sides of the aisle, as well 
as with groups that have a vested interest in making sure that this 
happens correctly.
  I also thank Chairman Chaffetz and Ranking Member Cummings of the 
Committee on Oversight and Government Reform for working to bridge the 
differences between our two committees.
  Given our trillion-dollar deficit and skyrocketing debt, we have to 
examine every area of government and look for ways to continue to cut 
spending. This bill has taken 5 years in the making. It was one of the 
first actions when I, as a chair of this subcommittee, initially, we 
held a hearing in the Old Post Office in D.C. It was a January morning 
with freezing temperatures. We went in to show that this vacant 
building was sitting there and could be revitalized. Now we are going 
to see that building not only reopen as a hotel and retail space, but 
it is going to generate millions in profits for the Federal Government.
  We continued to hold hearings like this in abandoned buildings all 
across the country, ones that were neglected, underutilized buildings, 
just to highlight the failed state of failed property management. We 
were successful in pressuring GSA in selling the long vacant Georgetown 
West Heating Plant. That netted $20 million to the American taxpayer. 
Sadly, this has got to be done across the entire country.
  Every year since 2003, GAO, the Government Accountability Office, has 
found that the Federal Government fails to manage hundreds of thousands 
of buildings across the entire country. According to the GAO, the 
Federal Government continues to maintain too much excess and 
underutilized property, relies too heavily on costly leased space, and 
maintains unreliable and misleading real property lists. The GAO agrees 
and has stated before this committee that legislation like the Federal 
Assets Sale and Transfer Act would go a long way toward fixing the 
problems with Federal real property.
  The President has also continued to support reforms to Federal real 
estate

[[Page 6883]]

since speaking on it in his 2011 State of the Union. He has included it 
in his budget since then, and I am also pleased to have secured the 
commitment of this administration to advance legislation and work with 
myself and Chairman Chaffetz to see real reforms signed into law. 
Additionally, both Houses of Congress have included this idea in their 
annual budget documents.
  I believe that we have the potential to save billions of dollars in 
real estate property. To be successful, this board will need to 
consolidate the Federal footprint, house more Federal employees in less 
overall space, reduce our reliance on costly lease space, sell or 
redevelop high-value assets that are underutilized, and dispose of 
surplus property much, much quicker. This bill creates an environment 
that will achieve these goals and creates a reliable and comprehensive 
real property database so the public can actually see government's 
progress.
  Additionally, as I said, we worked with other groups. One of those 
was dealing with the McKinney-Vento Act to better facilitate access to 
unneeded Federal real property to serve our Nation's homeless 
population. I am proud that these changes have led to the endorsement 
of this legislation by the National Law Center on Homelessness and 
Poverty. I am pleased to work with the Law Center throughout this 
process and look forward to continuing to work with them to address our 
Nation's most vulnerable citizens.
  Again, this is a good bill. This has been done in a bipartisan 
fashion, and it is going to save billions of dollars for the taxpayer.
  Mr. CARSON of Indiana. Mr. Speaker, I yield back the balance of my 
time.
  Mr. BARLETTA. Mr. Speaker, I yield 3 minutes to the gentleman from 
Tennessee (Mr. Duncan).
  Mr. DUNCAN of Tennessee. Mr. Speaker, I thank Chairman Barletta for 
yielding me this time.
  I rise in support of both H.R. 4465, the bill by Chairman Denham, and 
H.R. 4487 by Chairman Barletta.
  We need to realize, Mr. Speaker, that private ownership of property 
is a very important, even vital, part of our freedom and our 
prosperity.
  Today, the Federal Government owns almost 30 percent of the land in 
this Nation, and State and local governments and quasi-governmental 
agencies own almost 20 percent. So today, close to half of the land in 
this country is under some type of public governmental ownership. But 
you can never satisfy government's appetite for money or land. They 
always want more.
  I first became interested in this issue when I read in USA Today 
several years ago that governments keep adding land equal to half the 
size of the State of New Jersey each year through direct purchases or 
through indirect purchases through land conservancies. Then I read that 
the Federal Bureau of Land Management had about 3 million acres they 
didn't even want.
  I first introduced a bill on this subject in 2001, during the 107th 
Congress, called the Federal Lands Improvement Act. I reintroduced it 
in the next Congress. Then, in the 110th Congress, I introduced a 
similar bill with my colleague from the other side, Congressman Dennis 
Moore of Kansas, called the Federal Real Property Disposal Enhancement 
Act. In a similar bipartisan fashion, Senator Tom Carper of Delaware 
and Senator Tom Coburn of Oklahoma introduced companion legislation in 
the Senate.
  Several years ago, the Office of Management and Budget had found 
21,000 Federal properties that the Federal Government no longer wanted 
or needed worth, at that time, $18 billion, and $9 billion of those 
were real property assets that the Federal Government wanted to dispose 
of.

                              {time}  1945

  Jim Nussle, who was the Office of Management and Budget Director at 
the time, wrote a letter endorsing legislation to do what these bills 
are attempting to do here tonight.
  He said: ``To reach this objective, I believe we must improve and 
streamline the current process that Federal agencies face in disposing 
of real property assets.''
  Some extremists never want the government to sell any property, and 
government at all levels continues to acquire more and more land every 
year. But we keep shrinking the tax base, Mr. Speaker, at the time that 
schools and policemen and all these other government employees want and 
need more funding.
  This legislation, we have worked on this through both the Committee 
on Transportation and Infrastructure, on which I serve, and the 
Committee on Oversight and Government Reform, on which I also serve. I 
want to commend, again, Chairman Barletta and Chairman Denham because, 
with so many needs and so many good things that we can do for the 
American people, it simply makes no sense to force the government to 
keep properties that it no longer needs or wants. We can and should put 
those assets to much better use.
  Mr. BARLETTA. Mr. Speaker, I yield 5 minutes to the gentleman from 
Florida (Mr. Mica).
  Mr. MICA. Mr. Speaker, I have to thank the chairman, the gentleman 
from Pennsylvania (Mr. Barletta), for taking this measure this far. I 
want to thank the gentleman from Indiana (Mr. Carson) also. I have to 
also thank Mr. Denham and others for bringing this legislation forward.
  My involvement as a member and former chair of the Committee on 
Transportation and Infrastructure was that we had the Subcommittee on 
Economic Development, Public Buildings, and Emergency Management, which 
the distinguished gentleman from Pennsylvania (Mr. Barletta) chairs and 
the gentleman from Indiana (Mr. Carson) is the ranking member. They 
have taken this proposal that we thought about for sometime, and we 
heard Mr. Duncan's work for years and brought it forward to a great 
piece of legislation that can save billions of dollars for the 
taxpayers.
  The Federal Government and the American people are, by far, the 
largest landowners of anyone anywhere. The American people own more 
Federal property than anyone. There are some problems, though, and we 
identified those. When we were in the minority several years back, we 
had more time to do studies and reports. Mr. Speaker, we produced a 
report that was called ``Sitting on Our Assets: The Federal 
Government's Misuse of Taxpayer-Owned Assets.''
  What we did is we went through some of the public buildings and 
properties that are sitting idle. One highlighted in the report--you 
can look the report up--is the old post office two blocks from the 
White House sitting there idle, 400,000 square feet. Half of it is 
empty. Behind it there is a newer annex. The old building was built in 
the 1890s. It was half empty, costing the taxpayers $6 million to $8 
million a year in losses, to underwrite the losses.
  It took us two hearings. The first hearing we held was in the empty 
annex, empty for 15 years. We brought the committee down there. The 
staff said: Should we do it in the heated part half empty or should we 
do it in the cold part?
  It was 32 degrees outside, 38 degrees inside. We did the hearing in 
the cold part. We made the bureaucrats shiver.
  For a year they still didn't do anything. We got it put up for 
tender. Guess who won against the competition of the best hotels. Ritz 
Carlton, Marriott, and all of the other majors, Hilton, they all 
competed openly. Mr. Trump and his organization won. He is turning that 
asset that has been sitting idle, costing taxpayers from $6 million to 
$8 million a year in losses, into about a quarter of a million dollars 
revenue, plus a percentage of some of the profits. Now, that is what 
you do in turning government properties around. That is one example.
  You could go throughout the District. Behind the Ritz Carlton in 
Georgetown there is a property, a power station. We did a hearing in 
the empty building there. We got it up for sale. Actually, the ``for 
sale'' sign went up the day before the hearing. It sold for $19 
million. It was costing us $1 million a year to maintain empty.
  One of the greatest victories is going to occur on June 3. Since 
2008, the Federal courthouse, which is a beautiful,

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historic building in downtown Miami, empty, costing more than $1.5 
million to keep empty, deteriorating. We held a hearing there in the 
empty courthouse several years back. Nothing happened. Then I heard 
from the president of Miami Dade Community College, my alma mater, 
across the street.
  He said: I have written GSA, and we can't get them to do anything.
  Well, on June 3, we will transfer that vacant property sitting idle 
since 2008 to Miami Dade Community College, stemming losses.
  These are just a few examples. Up in Mr. Hoyer's district, we have 
got thousands of acres between the two major thoroughfares vacant at 
the Department of Agriculture.
  At Cape Kennedy, we have been private there for 5 years. We took the 
committee down, and we did a hearing there, 177,000 acres, five times 
the size of Manhattan. There are another 16,000 acres adjacent with the 
Air Force, sitting there with 400 buildings, half of them empty. All I 
need is 400 acres from the Air Force to do a cargo container port, and 
you could employ 5,000 people. That is what the port director 
testified.
  So we have assets across this Nation sitting idle because no 
bureaucrat has the beanie up here to make that into a producing asset. 
We haven't even gotten into VA. This doesn't include the Postal Service 
or DOD. We have thousands of properties, buildings sitting idle. This 
bill starts the process.
  If you owned property, would you give it to the Federal Government to 
manage?
  I always ask groups that. People look at me like I have been smoking 
marijuana.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. BARLETTA. Mr. Speaker, I yield an additional 1 minute to the 
gentleman.
  Mr. MICA. People look at you like you are dumb.
  Would you consider giving your property--any of the Members--to the 
Federal Government to manage?
  No way, Jose; they would not do it. So this bill has people who 
really know how to deal and manage real estate look at the properties. 
We don't even have an inventory of these properties, as some of this 
gets beyond the pale.
  But we will get an inventory, we will get a recommendation, and then 
hopefully do something, make agencies do something. Bureaucrats will do 
nothing with those properties. They don't think. Their brains are not 
wired to think. They do nothing smart. They are getting their paycheck. 
They don't think.
  So this is the beginning of getting out of the dumb ages into the 
smart ages, taking those hard-earned public assets, the poor person out 
there who is dogging it, trying to put food on the table, gas in the 
car, kids in school, and the government is sitting on huge Federal 
assets doing nothing.
  Thank you for coming forward with this bill. Let's get it done. Let's 
get it passed.
  Mr. BARLETTA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the 
rules and pass the bill, H.R. 4465, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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