H.R. 4465 — what changed

Short title— This Act may be cited as the “Federal Assets Sale and Transfer Act of 2016”.

Establishment— There is established an independent board to be known as the Public Buildings Reform Board.

Duties— The Board shall carry out the duties as specified in this Act.

Appointments— In selecting individuals for appointments to the Board, the President shall consult with—

Terms— The term for each member of the Board shall be 6 years.

Vacancies— Vacancies shall be filled in the same manner as the original appointment.

Qualifications— In selecting individuals for appointment to the Board, the President shall ensure that the Board contains individuals with expertise representative of the following:

Commercial real estate and redevelopment.

Space optimization and utilization.

Community development, including transportation and planning.

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.

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—

the Committee on Transportation and Infrastructure of the House of Representatives;

the Committee on Oversight and Government Reform of the House of Representatives;

the Committee on Homeland Security and Governmental Affairs of the Senate;

the Committee on Environment and Public Works of the Senate; and

the Committees on Appropriations of the House of Representatives and the Senate.

Government Accountability Office— All proceedings, information, and deliberations of the Board shall be open, upon request, to the Comptroller General of the United States.

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.

Identification of certain properties— Not later than 180 days after Board members are appointed pursuant to section 4, the Board shall—

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.

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.

Factors— In identifying properties pursuant to paragraph (1), the Board shall consider the factors listed in section 11(b)(3).

Leaseback restrictions— None of the existing improvements on properties sold under this subsection may be leased back to the Government.

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.

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).

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.

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.

Consultation— The Board shall consult with State and local officials on information, proposals, and other data that the officials submit to the Board.

Availability— Information submitted to the Board shall be made publicly available.

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.

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.

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—

the consolidation, exchange, co-location, reconfiguration, lease reductions, sale, outlease, and redevelopment of Federal civilian real properties; and

other operational efficiencies that can be realized in the Government’s operation and maintenance of such properties.

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.

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.

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.

Federal Web site— The Board shall establish and maintain a Federal Web site for the purposes of making relevant information publicly available.

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.