§ 12. BOARD DUTIES.
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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 High Value Assets.— Identification of certain properties .— Not later than 180 days after Board members are appointed pursuant to section 4, the Board shall— 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 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. In the case of a failure by a Federal 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 Federal agency, and the inspector general of the Federal agency of that failure.
Factors .— In identifying properties pursuant to paragraph (1), the Board shall consider the factors listed in section 11(b)(3). Leaseback restrictions.— 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. Requirements .— A leaseback under this paragraph— shall expire on or before the last day of the 3-year period beginning on the date of the sale of the respective property; may not contain any options to extend or renew the leaseback; may only be entered into once for purposes of temporarily housing the Federal agency in the property at the time of the sale; and shall only be for the purpose of facilitating the sale of the respective property.
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. Sale.— 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).
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. 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. 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 supplement the independent analysis of the Board under subsection (c), 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.
Information and Proposals.— Receipt .— Notwithstanding any other provision of law, the Board may receive and consider proposals, information, and other data submitted by State, Tribal, and local officials and the private sector. Consultation .— The Board shall consult with State, Tribal, 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 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. 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. Reporting of Information and Recommendations.— 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; the process to be followed by Federal agencies to carry out the actions described in 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 other operational efficiencies that can be realized in the Government’s operation and maintenance of such properties.
Schedule and limitations.— 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. Third round .— During the period beginning on the day after the transmittal of the second report and ending on the day before the date on which the Board terminates under section 10, the Board shall transmit to the Director of OMB a third report required under paragraph (1). 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.
Community notification .— 45 days before the date on which the Board transmits the third report required under paragraph (1), the Board shall notify— any State or local government of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property located in the State or locality, as applicable; and any federally recognized Indian Tribe of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property that— is in close geographic proximity to a property described in section 3(5)(B)(v); or relates to a Federal civilian real property that is known to be accessed at regular frequency by members of the federally recognized Indian Tribe for other reasons.
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. Report to Congress .— The Board shall periodically submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives 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 that the majority of the Board concludes meets the goals of this Act.
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