[House Report 118-414]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      118-414

======================================================================



 
                        FASTA REFORM ACT OF 2023

                                _______
                                

 March 7, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 6277]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6277) to amend the Federal Assets 
Sale and Transfer Act of 2016 to improve such Act, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     4
Committee Votes..................................................     4
Committee Oversight Findings and Recommendations.................     4
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     5
Duplication of Federal Programs..................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                         Purpose of Legislation

    The purpose of H.R. 6277, the FASTA Reform Act of 2023, is 
to amend the Federal Assets Sale and Transfer Act of 2016 to 
improve such Act, and for other purposes.

                  Background and Need for Legislation

    The Federal Assets Sale and Transfer Act of 2016 (FASTA) 
(P.L. 114-287) was signed into law on December 16, 2016.\1\ 
Amendments to FASTA were included in the Federal Property 
Management Reform Act of 2016 (P.L. 114-318), signed into law 
on the same day.\2\ Subsequently, additional reforms were 
enacted on January 14, 2019.\3\
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    \1\Pub. L. No. 114-287, 130 Stat. 1463.
    \2\Pub. L. No. 114-318, 130 Stat. 1608.
    \3\Pub. L. No. 115-438, 132 Stat. 5564; Pub. L. 115-437, 132 Stat. 
5563.
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    FASTA established a temporary Public Buildings Reform Board 
(PBRB) of non-Federal real estate experts charged with looking 
at Federal real estate across government to identify and 
recommend real estate for sale or redevelopment.\4\ FASTA was 
intended to address the long-standing management challenge of 
the Federal Government retaining too much excess and 
underutilized properties as identified by the Government 
Accountability Office (GAO).\5\ Federal real property has been 
on GAO's High Risk list since 2003, in part due to challenges 
related to excess and underutilized real estate.\6\
---------------------------------------------------------------------------
    \4\H. Comm. on Transp. & Infrastructure, Federal Assets Sale and 
Transfer Act of 2016, H.R. Rep. No. 114-578, (2016).
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    In 2011, the Committee began exploring the potential of 
establishing an independent board or commission to address this 
issue and held a number of hearings.\7\ That same year, the 
then-Obama Administration also submitted to Congress a proposal 
recommending the establishment of a similarly independent 
board.\8\
---------------------------------------------------------------------------
    \7\See e.g. How to Stop Sitting on Our Assets: A Review of the 
Civilian Property Realignment Act: Hearing Before the H. Comm. on 
Transp. and Infrastructure, 112th Cong. (May 12, 2011); Can a Civilian 
BRAC Commission Consolidate Federal Office Space and Save Taxpayers 
Billions? Hearing Before the H. Comm. on Transp. and Infrastructure, 
112th Cong. (Apr. 6, 2011); Saving Taxpayer Dollars in Federal Real 
Estate: Reducing the Government's Space Footprint: Hearing Before the 
H. Comm. on Transp. and Infrastructure, 114th Cong. (June 16, 2025).
    \8\Letter from Jacob J. Lew, Director, OMB, to the Hon. John 
Boehner, Speaker, U.S. House of Representatives (May 4. 2011) (on file 
with Comm.).
---------------------------------------------------------------------------
    These efforts culminated, in 2016, with the enactment of 
FASTA. The PBRB was created and was charged with making 
recommendations to the Office of Management and Budget (OMB) on 
the sale, disposal, or redevelopment of high value, underused 
or unneeded Federal real property. OMB then approves or 
disapproves the packages of proposals and, if approved, GSA 
executes the recommendations.\9\ Unfortunately, the Board has 
found it difficult to execute its mission due to a variety of 
long-standing challenges, including the tendency of agencies to 
hold on to and sit on properties, access to funding that is 
tied up in the annual appropriations process, the PBRB's access 
to information, and prohibitions on the Board preparing a 
property for disposal or directing the best way the transaction 
should take place to maximize the return.\10\ In addition, GAO 
has noted that GSA and other stakeholders faced setbacks in 
implementing the FASTA process, including delays in selling 
properties.\11\
---------------------------------------------------------------------------
    \9\Pub. L. No. 114-287, 130 Stat. 1463.
    \10\State of Federal Real Estate: Roundtable of the Subcomm. on 
Econ. Dev., Public Buildings, and Emergency Management of the H. Comm. 
on Transp. and Infrastructure, 118th Cong. (March 22, 2023).
    \11\GAO, GAO-23-106203, Managing Federal Real Property, Executive 
Summary, High-Risk Series, available at https://files.gao.gov/reports/
GAO-23-106203/index.html#appendix6.
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    The problem and associated costs of retaining excess and 
underutilized properties continue to be an issue. Currently, 
office occupancy in the Washington, D.C., metro area is still 
below 54 percent of pre-pandemic levels.\12\ Additionally, 30 
percent of the Federal workforce is expected to be eligible to 
retire this year.\13\ There have also been increasing reports 
of ``shadow'' or ``dark'' space in Federal buildings and 
leases--unassigned, unused space.\14\ The concerns about 
``shadow'' or ``dark'' space were further emphasized during the 
Committee on Transportation and Infrastructure Subcommittee on 
Economic Development, Public Buildings, and Emergency 
Management's Roundtable on ``The State of Federal Real 
Estate,'' held on March 22, 2023, where participants noted that 
30 percent of Federal employees plan to retire within the next 
five years and nearly 30 percent of Federal employees with 
remote work agreements live outside their assigned region.\15\
---------------------------------------------------------------------------
    \12\Bailey McConnel, Chart of the Week: Office Occupancy Rates and 
Remote Work, D.C. Policy Center, (Feb. 24, 2023), available at https://
www.dcpolicycenter.org/publications/office-occupancy-remote-work-dc/.
    \13\Angie Petty, 2023 Workforce Federal Contracting Trends to 
Watch, GovWin, (Dec. 7, 2022), available at https://iq.govwin.com/neo/
marketAnalysis/view/2023-Workforce-Federal-Contracting-Trends-to-Watch/
6981?researchTypeId=1&researchMarket.
    \14\GSA, Unused & Underused Space, (last reviewed Mar. 4, 2022), 
available at https://www.gsa.gov/real-estate/gsa-properties/unused-
underused-space.
    \15\The State of Federal Real Estate: Roundtable Before the 
Subcomm. on Economic Development, Public Buildings, and Emergency 
Management of the H. Comm. on Transp. and Infrastructure, 118th Cong., 
(Mar. 22, 2023).
---------------------------------------------------------------------------
    During the 117th Congress, the Committee requested the 
Government Accountability Office (GAO) conduct a study on 
office space utilization rates across the 24 Chief Financial 
Officer (CFO) agency headquarters to better understand how the 
Federal government is utilizing its real estate portfolio.\16\ 
In order to assess space utilization, GAO collected building 
size and attendance data from all 24 agencies for one week each 
in January, February, and March of 2023. Utilization was then 
calculated by dividing in-office attendance by the building's 
useable square footage or capacity.\17\ GAO found that on 
average, 17 of the 24 CFO agency headquarters were at 25 
percent or less utilization.\18\ GAO found the headquarters 
buildings for certain agencies, including GSA, the Department 
of Agriculture, the Department of Housing and Urban 
Development, the Office of Personnel Management, the Small 
Business Administration, and the Social Security Administration 
were as low as a nine percent space utilization.\19\
---------------------------------------------------------------------------
    \16\Letter from Peter DeFazio, Chairman, H. Comm. on Transp. and 
Infrastructure, et. al. to Gene Dodaro, Comptroller General, GAO (Nov. 
10, 2021) (on file with Comm.).
    \17\Briefing from Staff, GAO, to Staff, H. Comm. on Transp. and 
Infrastructure (June 26, 2023, 11:00 AM EST).
    \18\GAO, GAO-24-107006, Federal Real Property: Agencies Need New 
Benchmarks and Shed Underutilized Space (2023) available at https://
www.gao.gov/assets/d24107006.pdf.
    \19\Id.
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                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress, the following hearing was used to develop or 
consider H.R. 6277:
    On July 13, 2023, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management of the Committee on 
Transportation and Infrastructure held a hearing entitled, 
``When the Lights Are On but No One's Home: An Examination of 
Federal Office Space Utilization.'' The hearing discussed 
Federal real estate, including office space utilization. The 
Subcommittee received testimony from Ms. Nina Albert, 
Commissioner, Public Buildings Service, GSA; and Mr. David 
Marroni, Acting Director, Physical Infrastructure, GAO.

                 Legislative History and Consideration

    H.R. 6277 was introduced in the United States House of 
Representatives on November 7, 2023, by Mr. Scott Perry of 
Pennsylvania, with Ms. Dina Titus of Nevada as an original 
cosponsor, and referred to the Committee on Transportation and 
Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 6277 was referred to the Subcommittee on 
Economic Development, Public Buildings, and Emergency 
Management. The Subcommittee on Economic Development, Public 
Buildings, and Emergency Management was discharged from further 
consideration of H.R. 6277 on November 15, 2023.
    The Committee considered H.R. 6277 on November 15, 2023, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.
    The following amendment was offered:
    An amendment to H.R. 6277 offered by Mr. Garamendi of 
California (Garamendi 156) (5A); Page 7, after line 9, insert 
the following (and redesignate the subsequent paragraphs 
accordingly): (10) in section 14(e)--(A) in paragraph (8) by 
striking ``; and'' and inserting a period; and (B) by striking 
paragraph (9); add at the end the following: SEC. 3. 
CONGRESSIONAL NOTIFICATION REQUIREMENT. Section 11 of the 
Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 
note) is amended by adding at the end the following: ``(e) 
CONGRESSIONAL NOTIFICATION.--For each agency recommendation 
under subsection (a)(2) relating to a public building (as 
defined in section 3301(a) of title 40, United States Code), 
the head of the Federal agency shall, in a timely manner, 
notify the Members of Congress (as defined in section 2106 of 
title 5, United States Code) representing the Congressional 
district or State (including the District of Columbia and each 
territory of the United States) in which the applicable public 
building is located of any recommendation identifying such 
building for disposal or sale.''; was NOT AGREED TO by voice 
vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No recorded votes were requested during consideration of 
H.R. 6277.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but has not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has also 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974 when available the Committee 
will adopt as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(d)(1) of House rule XIII, when 
available the Committee will adopt as its own the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to amend 
the Federal Assets Sale and Transfer Act of 2016 to improve 
such Act.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 6277 establishes or reauthorizes a program of the 
Federal government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    When available the Committee will adopt as its own the 
estimate of Federal mandates prepared by the Director of the 
Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 6277 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the definition of Section 
5(b) of the appendix to Title 5, United States Code, are 
created by this legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that the Act may be cited as the 
``FASTA Reform Act of 2023''.

Section 2. Amendments to the Federal Assets Sale and Transfer Act of 
        2016

    Subsection (a) adds implementing innovative methods for the 
sale, redevelopment, consolidation, or lease of Federal 
buildings and facilities, including the use of nonappropriated 
contracts for expert real estate services to obtain the highest 
and best value for the taxpayer as a purpose of FASTA. 
Subsection (a) also clarifies the exclusion related to 
properties related to agricultural, recreational, or 
conservation purposes does not exclude related office buildings 
and warehouses from board consideration. Subsection (a) also 
modifies the number of board members required for a quorum.
    Subsection (a) clarifies that the PBRB's executive 
director, if hired from a Federal agency, may return to the 
civil service when the board terminates. It further clarifies 
the board may approve requests for detailed employees from 
Federal agencies and that the PBRB may utilize the Office of 
Personnel Management to hire term employees.
    Subsection (a) extends the termination date for the board 
to December 21, 2026, requires agencies to submit 
recommendations directly to the Board, in addition to OMB and 
GSA, requires agencies to include in the data provided the 
acreage associated with any property and whether such property 
is on a campus or other larger facility, and requires agencies 
to provide details of any plans to consolidate, reconfigure, or 
otherwise reduce the use of owned and leased property.
    Subsection (a) also requires the Board to notify Congress 
and the relevant Committees, and the Inspector General of the 
agency, if an agency fails to comply with a request of the 
Board for data and information. The subsection also authorizes 
agencies, at the request of the Board, to undertake any 
analyses and due diligence necessary to prepare a property for 
disposition so that a property may be included in the 
recommendations of the Board.
    Subsection (a) authorizes the Board to include in its 
recommendations the process to be followed by Federal agencies 
to carry out sales, redevelopments and disposals, including the 
use of no cost, non-appropriated contracts for expert real 
estate services to obtain the highest and best value for the 
taxpayer.
    Subsection (a) authorizes the board to submit a third round 
of recommendations and requires the board to periodically 
submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and Committee on Environment and 
Public Works of the Senate a report containing any 
recommendations that are not included in the transmissions to 
OMB or approved by OMB, but which a majority of the board 
concludes meets the goals of FASTA.
    Subsection (a) authorizes OMB to approve the Board's 
recommendation in whole or in part and advances the 
implementation of the permanent changes to law authorized in 
FASTA related to agency retention of proceeds.
    Subsection (a) amends the codification of the Federal Real 
Property Database included in FASTA by requiring the database 
includes whether a property is on a campus or similar facility 
and, if so, identification of such campus or facility, 
including total acreage.
    Subsection (a) requires the Federal Real Property Council 
to ensure the Board has access to any meetings of the Council 
and any required reports of the Council.
    Subsection (b) makes a clerical amendment.

         Changes in Existing Law Made by the Bill, as Reported

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

         Changes in Existing Law Made by the Bill, as Reported

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

              FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016

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.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *
Sec. 26. Access to Federal Real Property Council meetings and reports.

SEC. 2. PURPOSES.

  The purpose of this Act is to reduce the costs of Federal 
real estate by--
          (1) consolidating the footprint of Federal buildings 
        and facilities;
          (2) maximizing the utilization rate of Federal 
        buildings and facilities;
          (3) reducing the reliance on leased space;
          (4) selling or redeveloping high value assets that 
        are underutilized to obtain the highest and best value 
        for the taxpayer and maximize the return to the 
        taxpayer;
          (5) reducing the operating and maintenance costs of 
        Federal civilian real properties;
          (6) reducing redundancy, overlap, and costs 
        associated with field offices;
          (7) creating incentives for Federal agencies to 
        achieve greater efficiency in their inventories of 
        civilian real property;
          (8) facilitating and expediting the sale or disposal 
        of unneeded Federal civilian real properties;
          (9) improving the efficiency of real property 
        transfers for the provision of services to the 
        homeless; [and]
          (10) assisting Federal agencies in achieving the 
        Government's sustainability goals by reducing excess 
        space, inventory, and energy consumption, as well as by 
        leveraging new technologies[.]; and
          (11) implementing innovative methods for the sale, 
        redevelopment, consolidation, or lease of Federal 
        buildings and facilities, including the use of no cost, 
        nonappropriated contracts for expert real estate 
        services to obtain the highest and best value for the 
        taxpayer.

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, other than office 
                        buildings and warehouses, 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. 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] Four Board 
members shall constitute a quorum for the purposes of 
conducting business and three 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. 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.
  (c) Return to Civil Service.--An Executive Director selected 
from the civil service (as such term is defined in section 2101 
of title 5, United States Code) shall be entitled to return to 
the civil service after service to the Board ends if the 
Executive Director's service to the Board ends for reasons 
other than misconduct, neglect of duty, or malfeasance.

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 for a period of 
not less than 1 year to assist the Board in carrying out its 
duties under this Act.
  (c) Hiring of Term Employees.--The Executive Director, with 
approval of the Board, may utilize the Office of Personnel 
Management to hire employees for terms not to exceed 2 years 
pursuant to the Office of Personnel Management guidance for 
nonstatus appointments in the competitive service.
  [(c)] (d) 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. 10. TERMINATION.

  The Board shall cease operations and terminate [6 years after 
the date on which the Board members are appointed pursuant to 
section 4] on December 31, 2026.

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 Administrator, the Director of 
OMB, and the Board 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), amount of acreage associated 
        with the property, and whether the property is on a 
        campus or larger facility.
          (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.
          (3) Consolidation plans.--Any agency plans to 
        consolidate, reconfigure, or otherwise reduce the use 
        of owned and leased property.
  (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 five Federal 
                civilian real properties that are not on the 
                list of surplus or excess as of such date with 
                a total fair market value of not less than 
                $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.] In the case of a failure by an 
        agency to comply with a request of the Board, the Board 
        shall notify the committees listed in section 5(c), the 
        relevant congressional committees of jurisdiction for 
        the agency, and the inspector general of the agency of 
        such failure.
          (3) Factors.--In identifying properties pursuant to 
        paragraph (1), the Board shall consider the factors 
        listed in section 11(b)(3).
          (4) Leaseback restrictions.--
                  (A) In general.--None of the existing 
                improvements on properties sold under this 
                subsection may be leased back to the Government 
                for a period of greater than 3 years.
                  (B) Requirements.--A leaseback under this 
                paragraph--
                          (i) shall expire on or before the 
                        last day of the 3-year period beginning 
                        on the date of the sale of the 
                        respective property;
                          (ii) may not contain any options to 
                        extend or renew the leaseback;
                          (iii) may only be entered into once 
                        for purposes of temporarily housing the 
                        Federal agency in the property at the 
                        time of the sale; and
                          (iv) shall only be for the purpose of 
                        facilitating the sale of the respective 
                        property.
          (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 2 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) Preparation of Properties for Disposal.--At the request 
of, and in coordination with, the Board, a Federal agency may 
undertake any analyses and due diligence as necessary to 
prepare a property for disposition so that the property may be 
included in the recommendations of the Board under subsection 
(h), including completion of the requirements of section 306108 
of title 54, United States Code, for historic preservation and 
identification of the likely highest and best use of the 
property subsequent to disposition.
  [(d)] (e) Information and Proposals.--
          (1) Receipt.--Notwithstanding any other provision of 
        law, the Board may receive and consider proposals, 
        information, and other data submitted by State and 
        local officials and the private sector.
          (2) Consultation.--The Board shall consult with State 
        and local officials on information, proposals, and 
        other data that the officials submit to the Board.
          (3) Availability.--Information submitted to the Board 
        shall be made publicly available.
  [(e)] (f) Accounting System.--Not later than 120 days after 
the date on which the Board members are appointed pursuant to 
section 4, 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)] (g) 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)] (h) 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) the process to be followed by Federal 
                agencies to carry out the actions described 
                under subparagraph (A), including the use of no 
                cost, nonappropriated contracts for expert real 
                estate services and other innovative methods, 
                to obtain the highest and best value for the 
                taxpayer; and
                  [(B)] (C) 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.
                  (C) Third round.--During the period beginning 
                on the day after the transmittal of the second 
                report and ending on the day before the 
                termination of the Board under section 10, the 
                Board may transmit to the Director of OMB a 
                third report required under paragraph (1).
          (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)] (i) Federal Web Site.--The Board shall establish and 
maintain a Federal Web site for the purposes of making relevant 
information publicly available.
  [(i)] (j) 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.
  (k) Report to Congress.--The Board shall periodically submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and 
Public Works of the Senate a report containing any 
recommendations on consolidations, exchanges, sales, lease 
reductions, and redevelopments that are not included in the 
transmissions submitted under subsection (h), or approved by 
the Director of OMB under section 13, but which the majority of 
the Board concludes meets the goals of this Act.

SEC. 13. REVIEW BY OMB.

  (a) Review of Recommendations.--Upon receipt of the Board's 
recommendations pursuant to [subsections (b) and (g)] 
subsections (b) and (h) 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, 
        in whole or in part, 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.

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SEC. 20. AGENCY RETENTION OF PROCEEDS.

  (a) In general.--Section 571 of title 40, United States Code, 
is amended by striking subsections (a) and (b) and inserting 
the following:
  ``(a) Proceeds From Transfer or Sale of Real Property.--
          ``(1) Deposit of net proceeds.--Net proceeds 
        described in subsection (c) shall be deposited into the 
        appropriate real property account of the agency that 
        had custody and accountability for the real property at 
        the time the real property is determined to be excess.
          ``(2) Expenditure of net proceeds.--The net proceeds 
        deposited pursuant to paragraph (1) may only be 
        expended, as authorized in annual appropriations Acts, 
        for activities described in sections 543 and 545, 
        including paying costs incurred by the General Services 
        Administration for any disposal-related activity 
        authorized by this chapter.
          ``(3) Deficit reduction.--Any net proceeds described 
        in subsection (c) from the sale, lease, or other 
        disposition of surplus real property that are not 
        expended under paragraph (2) shall be used for deficit 
        reduction. Any net proceeds not obligated within 3 
        years after the date of deposit and not expended within 
        5 years after such date shall be deposited as 
        miscellaneous receipts in the Treasury.
  ``(b) Effect on Other Sections.--Nothing in this section is 
intended to affect section 572(b), 573, or 574.
  ``(c) Net Proceeds.--The net proceeds described in this 
subsection are proceeds under this chapter, less expenses of 
the transfer or disposition as provided in section 572(a), from 
a--
          ``(1) transfer of excess real property to a Federal 
        agency for agency use; or
          ``(2) sale, lease, or other disposition of surplus 
        real property.''.
  [(b) Effective Date.--The provisions of this section, 
including the amendments made by this section, shall take 
effect upon the termination of the Board pursuant to section 10 
and shall not apply to proceeds from transactions conducted 
under section 14.]
  (b) Effective Date.--The provisions of this section, 
including the amendments made by this section, shall take 
effect on the date on which the Board transmits the second 
report under section 12(h)(2)(B) and shall apply to proceeds 
from--
          (1) transactions contained in such report; and
          (2) any transactions conducted after the termination 
        of the Board pursuant to section 10.

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.
          (8) The ability of the Federal real property to 
        support a communications facility installation.
          (9) Whether the Federal real property is on a campus 
        or similar facility and, if so, identification of such 
        campus or facility and related details, including total 
        acreage.
  (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.
  (f) Definition of Communications Facility Installation.--In 
this section, the term ``communications facility installation'' 
means--
          (1) any infrastructure, including any transmitting 
        device, tower, or support structure, and any equipment, 
        switches, wiring, cabling, power sources, shelters, or 
        cabinets associated with the licensed or permitted 
        unlicensed wireless or wireline transmission of 
        writings, signs, signals, data, images, pictures, and 
        sounds of any kind; and
          (2) any antenna or apparatus that--
                  (A) is designed for the purpose of emitting 
                radio frequency;
                  (B) is designed to be operated, or is 
                operating, from a fixed location pursuant to 
                authorization by the Federal Communications 
                Commission or is using duly authorized devices 
                that do not require individual licenses; and
                  (C) is added to a tower, building, or other 
                structure.

           *       *       *       *       *       *       *


SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL MEETINGS AND REPORTS.

  The Federal Real Property Council established under section 
623 of title 40, United States Code, shall ensure that the 
Board has access to any meetings of the Council and any reports 
required under such section.

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