Sec. 1102. Federal Real Property Reform Board

4,346 words·~20 min read·/bill/114/s/3011/pcs/section-1102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

There is established an independent board to be known as the Federal Real Property Reform Board. The Board shall carry out the duties described in subsection (c). 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. In making appointments to the Board under subparagraph (A)(ii), the President shall consult with— the Speaker of the House of Representatives concerning the appointment of 2 members; the majority leader of the Senate concerning the appointment of 2 members; the minority leader of the House of Representatives concerning the appointment of 1 member; and the minority leader of the Senate concerning the appointment of 1 member.

The term for each member of the Board shall be 6 years. A vacancy on the Board shall be filled in the same manner in which the original appointment was made. In making appointments to the Board, the President shall ensure that the Board contains individuals with expertise representative of— commercial real estate and redevelopment; space optimization and utilization; and community development, including transportation and planning. Each meeting of the Board, other than meetings in which classified information is to be discussed, shall— be open to the public; and be announced in the Federal Register and the Federal website established by the Board at least 14 calendar days in advance of a meeting.

For each meeting, the Board shall release an agenda and a listing of materials relevant to the topics to be discussed. Of the members of the Board— 5 shall constitute a quorum for the purposes of conducting business; and 3 or more shall constitute a meeting of the Board. All the proceedings, information, and deliberations of the Board shall be open, on request, to the Chairperson and the ranking minority party member, and the respective subcommittee Chairperson and ranking minority party member, of— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Environment and Public Works of the Senate; the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Appropriations of the Senate; and the Committee on Appropriations of the House of Representatives.

All proceedings, information, and deliberations of the Board shall be open, on request, to the Comptroller General of the United States. Each member of the Board, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Board.

The Chairperson of the Board shall be paid for each day referred to in clause

(i)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. A member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. The Board— shall appoint an Executive Director; and shall not be required to comply with the provisions of title 5, United States Code, governing appointments in the competitive service. 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. Subject to subparagraph (B), the Executive Director may request additional personnel detailed from Federal agencies. On request of the Chairperson and after approval of the Director, the head of any Federal agency shall detail the requested personnel of that agency to the Board to assist the Board in carrying out the duties of the Board. Appointments shall be made with consideration of a balance of expertise consistent with the qualifications of representatives described in paragraph (3)(E). The Board, to the maximum extent practicable and subject to the availability of appropriations, shall use existing contracts, including nonappropriated contracts, entered into by the Administrator for services necessary to carry out the duties of the Board. The Administrator, in consultation with the Board, shall identify and provide, without charge, suitable office space within the Federal property inventory to house the operations of the Board. The Administrator shall provide to the Board any personal property already in the custody and control of the Administrator that is needed to carry out the duties of the Board. The Board and the authority of the Board shall terminate on the date that is 6 years after the date of enactment of this Act. Not later than 120 days after the date of enactment of this Act and not later than 120 days after the beginning of each fiscal year thereafter, the head of each Federal agency shall submit to the Administrator and the Director a report that includes— current data of all Federal civilian real properties owned, leased, or controlled by the respective agency (including all relevant information prescribed by the Administrator and the Director), including data relating to— the age and condition of the property; operating costs; the history of capital expenditures; sustainability metrics; the number of Federal employees and functions housed in the respective property; and the square footage (including gross, rentable, and usable) of each property; and recommendations as to— any Federal civilian properties that can be sold for proceeds and otherwise disposed of, reported as excess, declared surplus, or outleased or are otherwise no longer meeting the needs of the agency, excluding leasebacks or other exchange agreements where the property continues to be used by the agency; any Federal civilian properties that can be transferred, exchanged, consolidated, colocated, reconfigured, or redeveloped— to reduce the civilian real property inventory; to reduce the operating costs of the Federal Government; and to create the highest value and return for the taxpayer; and operational efficiencies that may be realized by the Federal Government in the operation and maintenance of Federal civilian real properties. Not later than 60 days after each date specified in paragraph (1), the Director, in consultation with the Administrator, shall— review agency recommendations submitted pursuant to paragraph (1); develop consistent standards and criteria against which agency recommendations will be reviewed, which shall be developed taking into consideration— the extent to which a Federal building or facility could be sold (including property that is no longer meeting the needs of the Federal Government), redeveloped, outleased, or otherwise used to produce the highest and best value and return for the taxpayer; the extent to which the operating and maintenance costs are reduced through consolidating, co-locating, and reconfiguring space, and through realizing other operational efficiencies; the extent to which the utilization rate is being maximized and is consistent with nongovernmental industry standards for the given function or operation; the extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the proposed recommendation; the extent to which reliance on leasing for long-term space needs is reduced; the extent to which a Federal building or facility aligns with the current mission of the applicable Federal agency; the extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies; the economic impact on communities in the vicinity of the Federal building or facility; and the extent to which energy consumption is reduced; and develop recommendations for the Board based on the standards and criteria developed under subparagraph (B). Standards developed by the Director under paragraph (2)(B) shall incorporate and apply clear standard utilization rates consistent throughout each 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 may recommend realignment, colocation, consolidation, or other type of action to improve space utilization. The standards, criteria, and recommendations developed pursuant to paragraph (2)(B) shall be submitted to the Board with all supporting information, data, analyses, and documentation. The standards, criteria, and recommendations developed pursuant to paragraph (2)(B) shall be— published in the Federal Register; and submitted to— the committees described in subsection (a)(4)(C)(i); and the Comptroller General of the United States. The Board shall have access to all information pertaining to the recommendations, including supporting information, data, analyses, and documentation submitted pursuant to paragraph (1). On request, a Federal agency shall provide to the Board any additional information pertaining to the civilian real property of the agency. The Board shall identify opportunities for the Federal Government— to significantly reduce the inventory of civilian real property held by the Federal Government; and to reduce costs to the Federal Government. Not later than 180 days after the date on which the last Board member has been appointed pursuant to subsection (a)(3), the Board shall— identify not less than 5 Federal properties that are not on the list of surplus or excess as of that date with a total fair market value of not less than $500,000,000; and submit to the Director and to Congress a list of the properties identified pursuant to clause (i), which shall be— treated as a recommendation under subsection (b); and subject to the approval process described in subsection (d). To assist the Board in carrying out subparagraph (A), a Federal agency shall provide to the Board, on request, any information and data regarding the properties of the Federal agency. The Board shall notify the committees described in subsection (a)(4)(C)(i) of any failure by any agency to comply with a request of the Board. The Federal Government may not lease back any of the existing improvements on properties sold under this paragraph. Not later than 60 days after the date on which the recommendations of the Board pursuant to subparagraph

(A)have been approved, each Federal agency with custody, control, or administrative jurisdiction over the identified properties shall submit to the Administrator a report of excess. Notwithstanding any other provision of law (except as provided in subsection (e)(7)), the Administrator shall— not later than 120 days after the date on which the Administrator receives the report of excess under subparagraph (D), initiate the sale of the properties identified pursuant to subparagraph (A)(i); and not later than 1 year after the date on which the Administrator receives the report of excess under subparagraph (D), sell the properties referred to in clause

(i)at fair market value at highest and best use. The Board— shall perform an independent analysis of the inventory of Federal civilian real property and the recommendations submitted pursuant to subsection (b); shall not be bound or limited by the recommendations submitted pursuant to subsection (b); and in any case in which the Board determines that a Federal agency has failed to provide necessary information, data, or adequate recommendations that meet the standards and criteria developed under subsection (b)(2), shall develop such recommendations as the Board considers to be appropriate based on existing data contained in the Federal Real Property Profile or other relevant information. 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; and shall make any information received under subparagraph

(A)publicly available. The Board shall— not later than 120 days after the date of enactment of this Act, identify or develop and implement a system of accounting to be used to independently evaluate the costs of and returns on the recommendations provided to the Board under this subtitle; use the accounting system referred to in subparagraph

(A)to assist in— developing the recommendations of the Board; and determining the highest return to the taxpayer; and establish a standard performance period for use in carrying out subparagraphs

(A)and (B). The Board shall conduct public hearings. All testimony before the Board at a public hearing under this paragraph shall be presented under oath. Not later than 120 days after the date of receipt of recommendations pursuant to subsection (b), and annually thereafter, the Board shall submit to the Director, and publicly post on a Federal website maintained by the Board, a report that includes the findings, conclusions, and recommendations of the Board for the consolidation, exchange, colocation, reconfiguration, lease reduction, sale, outlease, or redevelopment of Federal civilian real properties, and for other operational efficiencies that can be realized in the operation and maintenance of those properties. The Board— shall seek to develop consensus recommendations; but if a consensus cannot be obtained, may include in the report under subparagraph

(A)recommendations that are supported by a majority of the Board. The Board shall establish and maintain a Federal website for the purposes of making relevant information publicly available. The Comptroller General of the United States shall submit to Congress and to the Board a report that includes— a detailed analysis of the recommendations provided by the Board under paragraph (7); and a description of the selection process used to develop the recommendations. On receipt of the recommendations of the Board under subsection (c)(7), the Director shall conduct a review of the recommendations. Not later than 30 days after the date of receipt of the recommendations of the Board under subsection (c)(7), the Director shall submit to the Board and to Congress a report that describes the approval or disapproval of the recommendations. On request of any of the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, or the Committee on Oversight and Government Reform of the House of Representatives and before the Director submits the report under subparagraph (A), the Board shall appear and testify before the requesting committee. If the Director— approves the recommendations of the Board, the Director shall submit to Congress a copy of the recommendations and a certification of the approval; disapproves of the recommendations of the Board, in whole or in part— the Director shall submit to the Board and to Congress the reasons for the disapproval; and not later than 30 days after the date of disapproval, the Board shall submit to the Director a revised list of recommendations; approves the revised recommendations of the Board submitted under subparagraph (B)(ii), the Director shall submit to Congress a copy of the revised recommendations and a certification of the approval; and does not submit to Congress an approval and certification in accordance with subparagraph

(A)or

(C)by the date that is 30 days after the date of receipt of the recommendations or revised recommendations of the Board, the review process under this subsection shall terminate until the following year. A Federal agency shall— not later than 60 days after the date on which the Board submits recommendations to the Director and to Congress under subparagraph

(A)or

(C)of subsection (d)(3), begin preparation to carry out the recommendations of the Board; initiate all activities not later than 2 years after the date on which the Director submits the recommendations of the Board to Congress; and not later than the end of the 6-year period beginning on the date on which the Director submits to Congress the recommendations of the Board, complete the implementation of all recommended actions. Each recommended action taken by a Federal agency under subparagraph

(A)shall be economically beneficial and cost-neutral or otherwise favorable to the Federal Government. In the case of a recommended action that will take longer than the 6-year period described in subparagraph (A)(iii) due to extenuating circumstances, a Federal agency shall notify the Director and Congress as soon as the extenuating circumstance becomes apparent with an estimated time to complete the relevant action. Pursuant to paragraph (3), in taking an action related to any Federal building or facility under this subtitle, a Federal agency may take all such necessary and proper actions, including— acquiring land, constructing replacement facilities, performing such other activities, and conducting such advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; reimbursing other Federal agencies for actions performed at the request of the Board; and taking such actions as are practicable to maximize the value of property to be sold by clarifying zoning and other limitations on use of the property. Except as provided in subparagraph (B), in acting on a recommendation of the Board, a Federal agency shall— act within any authority delegated to the agency; and if the agency has not been delegated the authority to act on the recommendation, work in partnership with the Administrator to carry out the recommendation. The Administrator may take such necessary and proper actions, including the sale, conveyance, or exchange of civilian real property, as are required to implement the recommendations of the Board in the time period described in paragraph (1)(A)(iii). A Federal agency may enter into no-cost nonappropriated contracts for expert commercial real estate services to carry out the responsibilities of the agency pursuant to the recommendations. For any transaction identified, recommended, or commenced as a result of this subtitle, 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. Any recommendation or commencement of a sale, disposal, consolidation, reconfiguration, colocation, or realignment of civilian real property shall not be subject to— the first section through section 3 of the Act of May 19, 1948 ( 16 U.S.C. 667b et seq. ); sections 107 and 317 of title 23, United States Code; section 545(b)(8) of title 40, United States Code; sections 550, 553, and 554 of title 40, United States Code; section 1304(b) of title 40, United States Code; section 47151 of title 49, United States Code; section 13(d) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(d) ); any other provision of law authorizing the conveyance of real property owned by the Federal Government for no consideration; and any congressional notification requirement (other than that under section 545 of title 40, United States Code). On the date on which the Director submits to Congress the recommendations of the Board under subparagraph

(A)or

(C)of subsection (d)(3) (except those buildings recommended under subsection (c)(2)), the Director shall submit to the Secretary of Housing and Urban Development all known information on the buildings or properties included in the recommendations. Not later than 30 days after the Secretary of Housing and Urban Development receives the information described in subparagraph (A), the Secretary shall identify any suitable properties for use as a property benefitting the mission of assistance to the homeless for the purposes of further screening pursuant to section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ). In implementing the recommendations of the Board under subsection (c)(7), and subject to subparagraph

(B)a Federal agency may enter into an agreement with any person to transfer real property by deed pursuant to section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3) ). The head of the Federal agency disposing of property under this subparagraph may require any additional terms and conditions in connection with an agreement authorized by clause

(i)as the head of the agency considers appropriate to protect the interests of the United States. Additional terms and conditions described in subclause

(I)shall not affect or diminish any rights or obligations of a Federal agency under section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620 ). The head of a Federal agency shall not transfer real property or facilities under subparagraph

(A)unless the head of the agency certifies to the Board and Congress that— the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Federal agency disposing of the property with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the head of the agency; or if the costs described in clause

(i)are less than the fair market value of the property or facilities, the recipient of the property or facilities has agreed to pay the difference between the fair market value and those costs. In the case of a property covered by a certification under subparagraph (B)(i), the Federal agency disposing of the property may pay the recipient of the property or facilities an amount equal to the lesser of— the amount by which the costs incurred by the recipient of the property or facilities for all environmental restoration, waste management, and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification; and the amount by which the costs (as determined by the head of the Federal agency disposing of the property) that would otherwise have been incurred by the Secretary of Housing and Urban Development for the restoration, waste management, and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification. As part of an agreement under subparagraph (A), the head of the Federal agency disposing of the property shall, in accordance with applicable law and before entering into an agreement, disclose to the person to whom the property or facilities will be transferred information possessed by the agency regarding the environmental restoration, waste management, and environmental compliance activities described in this paragraph that relate to the property or facilities. For the purposes of granting time extensions under paragraph (1), the Director shall give the need for significant environmental remediation to a piece of property more weight than any other factor in determining whether to grant a 2-year extension to implement a Board recommendation. Nothing in this subtitle modifies, alters, or amends— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). There is established in the Treasury of the United States an account to be known as the Federal Real Property Reform Board —Salaries and Expenses account. There shall be deposited into the account established by subparagraph

(B)such amounts as are provided in appropriations Acts for those necessary payments for salaries and expenses to accomplish the administrative needs of the Board. There is established within the Federal Buildings Fund established by section 592 of title 40, United States Code, an account to be known as the Federal Real Property Reform Board —Asset Proceeds and Space Management Fund , which shall be used solely for the purposes of carrying out actions under subsection (e), pursuant to the recommendations of the Board approved under subsection (d). Notwithstanding section 3307 of title 40, United States Code, the fund established by paragraph

(1)shall consist of— such amounts as are provided in appropriations Acts, to remain available until expended, for the consolidation, colocation, exchange, redevelopment, reconfiguration of space, disposal, and other actions recommended by the Board for Federal agencies; and amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the Board. The amounts deposited in the fund under subparagraph

(B)shall be made available for obligation or expenditure only as provided in advance in appropriation Acts for the purposes described in clauses

(i)and

(ii)of subparagraph (B). As provided in appropriations Acts, proceeds under subparagraph (B)(ii) may be made available to cover necessary costs associated with implementing the recommendations pursuant to subsection (e), including costs associated with— sales transactions; acquiring land, construction, constructing replacement facilities, conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; colocation, redevelopment, disposal, and reconfiguration of space; and other actions recommended by the Board for Federal agencies. Not less frequently than annually, the President shall submit to Congress a report that includes— an estimate of proceeds from implementing the recommendations of the Board; and the obligations and expenditures needed to support those recommendations. The report under subparagraph

(A)may be submitted along with another annual submission to Congress, including the budget submitted by the President under section 1105 of title 31, United States Code. Section 3307(b) of title 40, United States Code, is amended— in paragraph (6), by striking and at the end; in paragraph (7), by striking the period at the end and inserting ; and ; and by adding at the end the following: a description of how the proposed project is consistent with criteria established in section 1102(b)(2) of the Bolster Accountability to Drive Government Efficiency and Reform Washington Act of 2016 . . The following actions shall not be subject to judicial review: An action taken pursuant to subsection

(c)or subsection (d). An action taken by the Board. On transmittal of the recommendations of the Board from the Director to Congress under subsection (d), and not less frequently than annually thereafter, the Comptroller General of the United States shall— monitor and review the implementation activities of Federal agencies pursuant to subsection (e); and report to Congress any findings and recommendations for improvement of those activities. There is authorized to be appropriated to carry out this section— $2,000,000 for salaries and expenses of the Board; and $40,000,000 to be deposited into the Federal Real Property Reform Board—Asset Proceeds and Space Management Fund established by subsection (f)(2) for activities related to the implementation of recommendations of the Board.

Connectionstraces to 6

Traces to 6 documents

U.S. Code

Citation graph

cites case law

Sec. 1102

Federal Real Property Reform Board

Cites 6Cited by 0 across 0 sources