USC-40 Title 40— PUBLIC BUILDINGS, PROPERTY, AND WORKS US

Pub. L. 108–178, enacting and amending notes set out below, effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as an Effective Date of 2003 Amendment note under section 5334 of Title 5, Government Organization and Employees.

Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062, provided in part that:

“Certain general and permanent laws of the United States, related to public buildings, property, and works, are revised, codified, and enacted as title 40, United States Code, ‘Public Buildings, Property, and Works’ ”.

Pub. L. 108–178, § 1, Dec. 15, 2003, 117 Stat. 2637, provided that:

“(a) Purpose .— The purpose of this Act [see Tables for classification] is to improve the United States Code by making necessary technical changes. “(b) No Substantive Change .— This Act makes no substantive change in existing law and may not be construed as making a substantive change in existing law. “(c) Severability .— If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”

Pub. L. 107–217, § 5, Aug. 21, 2002, 116 Stat. 1303, provided that:

“(a) Purpose .— The purpose of this Act is to revise, codify, and enact without substantive change the general and permanent laws of the United States related to public buildings, property, and works, in order to remove ambiguities, contradictions, and other imperfections and to repeal obsolete, superfluous, and superseded provisions. “(b) No Substantive Change.— “(1) In general .— This Act makes no substantive change in existing law and may not be construed as making a substantive change in existing law. “(2) Deemed date of enactment for certain purposes .— For purposes of determining whether one provision of law supersedes another based on enactment later in time, and otherwise to ensure that this Act makes no substantive change in existing law, the date of enactment of a provision restated in section 1 or 2 of this Act is deemed to remain unchanged, continuing to be the date of enactment of the underlying provision of public law that is being restated. “(3) Inconsistent laws enacted after March 31, 2002.— This Act restates certain laws enacted before April 1, 2002 . Any law enacted after March 31, 2002 , that is inconsistent with this Act, including any law purporting to amend or repeal a provision that is repealed by this Act, supersedes this Act to the extent of the inconsistency. “(c) References .— A reference to a law replaced by section 1 or 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. “(d) Continuing Effect .— An order, rule, or regulation in effect under a law replaced by section 1 or 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. “(e) Actions and Offenses Under Prior Law .— An action taken or an offense committed under a law replaced by section 1 or 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. “(f) Inferences .— An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a caption or catch line of the provision. “(g) Severability .— If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”

Pub. L. 108–178, § 2(b), Dec. 15, 2003, 117 Stat. 2640, provided that:

“ Section 6(b) of Public Law 107–217 ( 116 Stat. 1304 ) [see below] is repealed insofar as it relates to the provisions listed below, and the provisions listed below are revived to read as if section 6(b) had not been enacted: “(1) Section 1(a) of the Act of June 30, 1949 (ch. 288, 63 Stat. 377 ) [ 41 U.S.C. 101 note]. “(2) Section 509(b) of the Department of Education Organization Act ( Public Law 96–88 , 93 Stat. 695 ) [ 20 U.S.C. 3508(b) ]. “(3) Public Law 101–427 ( 104 Stat. 927 ) [ 23 U.S.C. 101 note]. “(4) Section 7306 of the Federal Acquisition Streamlining Act of 1994 ( Public Law 103–355 , 108 Stat. 3384 ).”

Pub. L. 107–217, § 6(a), Aug. 21, 2002, 116 Stat. 1304, provided that:

“The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”

Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304, as amended by Pub. L. 108–178, § 2, Dec. 15, 2003, 117 Stat. 2637, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 21, 2002.

Pub. L. 118–182, § 1, Dec. 23, 2024, 138 Stat. 2623, provided that:

“This Act [amending sections 321 and 323 of this title] may be cited as the ‘GSA Technology Accountability Act’.”

Pub. L. 118–99, § 1, Oct. 1, 2024, 138 Stat. 1578, provided that:

“This Act [enacting section 530 of this title , amending sections 529 and 530 of this title, and enacting provisions set out as a note under section 529 of this title ] may be cited as the ‘Reuse Excess Property Act’.”

Pub. L. 117–328, div. Z, § 101, Dec. 29, 2022, 136 Stat. 5523, provided that:

“This division [enacting section 549a of this title and provisions set out as a note under section 549a of this title ] may be cited as the ‘Computers for Veterans and Students Act of 2022’ or the ‘COVS Act’.”

Pub. L. 117–202, § 1, Oct. 17, 2022, 136 Stat. 2224, provided that:

“This Act [amending section 3313 of this title and enacting provisions set out as a note under section 3313 of this title ] may be cited as the ‘Bulb Replacement Improving Government with High-efficiency Technology Act’ or the ‘BRIGHT Act’.”

Pub. L. 117–148, § 1, June 16, 2022, 136 Stat. 1288, provided that:

“This Act [amending section 6121 of this title ] may be cited as the ‘Supreme Court Police Parity Act of 2022’.”

Pub. L. 116–333, § 1, Jan. 13, 2021, 134 Stat. 5113, provided that:

“This Act [enacting section 3318 of this title ] may be cited as the ‘Transparency in Federal Buildings Projects Act of 2019’.”

Pub. L. 116–194, § 1, Dec. 3, 2020, 134 Stat. 981, provided that:

“This Act [enacting provisions set out as a note under section 11301 of this title ] may be cited as the ‘Information Technology Modernization Centers of Excellence Program Act’.”

Pub. L. 116–75, § 1, Nov. 27, 2019, 133 Stat. 1160, provided that:

“This Act [amending section 6121 of this title ] may be cited as the ‘Reauthorizing Security for Supreme Court Justices Act of 2019’.”

Pub. L. 116–30, § 1, July 25, 2019, 133 Stat. 1032, provided that:

“This Act [enacting section 3318 of this title and provisions set out as a note under section 3318 of this title ] may be cited as the ‘Fairness For Breastfeeding Mothers Act of 2019’.”

Pub. L. 115–419, § 1, Jan. 3, 2019, 132 Stat. 5442, provided that:

“This Act [amending sections 506 and 524 of this title] may be cited as the ‘Federal Personal Property Management Act of 2018’.”

Pub. L. 115–271, title VIII, § 8061, Oct. 24, 2018, 132 Stat. 4094, provided that:

“This subtitle [subtitle E (§§ 8061, 8062) of title VIII of Pub. L. 115–271 , enacting section 14510 of this title ] may be cited as the ‘Treating Barriers to Prosperity Act of 2018’.”

Pub. L. 115–88, § 1, Nov. 21, 2017, 131 Stat. 1278, provided that:

“This Act [amending sections 11302 and 11319 of this title and provisions set out as a note under section 3601 of Title 44 , Public Printing and Documents] may be cited as the ‘FITARA Enhancement Act of 2017’.”

Pub. L. 114–318, § 1, Dec. 16, 2016, 130 Stat. 1608, provided that:

“This Act [enacting subchapter VII of chapter 5 of this title and chapter 29 of Title 39, Postal Service, amending sections 102, 524, and 571 of this title, enacting provisions set out as notes under sections 571 and 621 of this title, and amending provisions set out as a note under section 1303 of this title ] may be cited as the ‘Federal Property Management Reform Act of 2016’.”

Pub. L. 114–235, § 1, Oct. 7, 2016, 130 Stat. 964, provided that:

“This Act [enacting section 3314 of this title , renumbering former section 3314 and sections 3315 and 3316 of this title as sections 3315 to 3317 of this title, respectively, and enacting provisions set out as a note under section 3314 of this title ] may be cited as the ‘Bathrooms Accessible in Every Situation Act’ or ‘BABIES Act’.”

Pub. L. 113–291, div. A, title VIII, subtitle D (§§ 831–837), Dec. 19, 2014, 128 Stat. 3438, which enacted section 11319 of this title, amended sections 11302 and 11319 of this title, and enacted provisions set out as notes under sections 1704 and 3301 of Title 41, Public Contracts, and section 3601 of Title 44, Public Printing and Documents, is popularly known as the “Federal Information Technology Acquisition Reform Act” or “FITARA”.

Pub. L. 113–50, § 1, Nov. 21, 2013, 127 Stat. 578, provided that:

“This Act [amending sections 3144 and 3703 of this title] may be cited as the ‘Streamlining Claims Processing for Federal Contractor Employees Act’.”

Pub. L. 113–26, § 1, Aug. 9, 2013, 127 Stat. 502, provided that:

“This Act [amending section 549 of this title ] may be cited as the ‘Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2013’ or the ‘FOR VETS Act of 2013’.”

Pub. L. 111–338, § 1, Dec. 22, 2010, 124 Stat. 3590, provided that:

“This Act [amending section 549 of this title ] may be cited as the ‘Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2010’or ‘FOR VETS Act of 2010’.”

Pub. L. 111–263, § 1, Oct. 8, 2010, 124 Stat. 2787, provided that:

“This Act [amending section 502 of this title ] may be cited as the ‘Federal Supply Schedules Usage Act of 2010’.”

Pub. L. 110–371, § 1, Oct. 8, 2008, 122 Stat. 4037, provided that:

“This Act [enacting section 14508 of this title and amending sections 14102, 14321, 14502 to 14507, 14526, 14703, and 14704 of this title] may be cited as the ‘Appalachian Regional Development Act Amendments of 2008’.”

Pub. L. 110–248, § 1, June 26, 2008, 122 Stat. 2316, provided that:

“This Act [amending section 502 of this title ] may be cited as the ‘Local Preparedness Acquisition Act’.”

Pub. L. 109–396, § 1, Dec. 15, 2006, 120 Stat. 2711, provided that:

“This Act [enacting provisions set out as notes under sections 524 and 5102 of this title, provisions listed in a table of Commemorative Works set out under section 8903 of this title , and provisions set out as a note under section 225b of Title 24 , Hospitals and Asylums] may be cited as the ‘Federal and District of Columbia Government Real Property Act of 2006’.”

Pub. L. 109–313, § 1, Oct. 6, 2006, 120 Stat. 1734, provided that:

“This Act [amending sections 303, 321, 549, 573, 604, and 605 of this title, section 5316 of Title 5 , Government Organization and Employees, section 2669 of Title 22 , Foreign Relations and Intercourse, and section 433 of Title 41 , Public Contracts, repealing section 322 of this title , enacting provisions set out as notes under sections 303 and 321 of this title and section 5316 of Title 5 , and amending provisions set out as notes under section 2302 of Title 10 , Armed Forces, and section 2107 of Title 44 , Public Printing and Documents] may be cited as the ‘General Services Administration Modernization Act’.”

Pub. L. 108–126, title II, § 201, Nov. 17, 2003, 117 Stat. 1349, provided that:

“This title [amending sections 8901 to 8906 and 8908 of this title and enacting provisions set out as notes under section 8901 of this title ] may be cited as the ‘Commemorative Works Clarification and Revision Act of 2003’.”

For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense.

Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National Defense.

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

Memorandum of President of the United States, June 10, 2010, 75 F.R. 33987, provided:

Memorandum for the Heads of Executive Departments and Agencies

My Administration is committed to eliminating all forms of Government waste and to leading by example as our Nation transitions to a clean energy economy. For decades, the Federal Government, the largest property owner and energy user in the United States, has managed more real estate than necessary to effectively support its programs and missions. Both taxpayer dollars and energy resources are being wasted to maintain these excess assets. In addition, many of the properties necessary for the Government’s work are not operated efficiently, resulting in wasted funds and excessive greenhouse gas pollution. For example, over the past decade, the private sector reduced its data center footprint by capitalizing on innovative technologies to increase efficiencies. However, during that same period, the Federal Government experienced a substantial increase in the number of data centers, leading to increased energy consumption, real property expenditures, and operations and maintenance costs. Past attempts at reducing the Federal Government’s civilian real property assets produced small savings and had a minor impact on the condition and performance of mission-critical properties. These efforts were not sufficiently comprehensive in disposing of excess real estate and did not emphasize making more efficient use of existing assets.

To eliminate wasteful spending of taxpayer dollars, save energy and water, and further reduce greenhouse gas pollution, I hereby direct executive departments and agencies (agencies) to accelerate efforts to identify and eliminate excess properties. Agencies shall also take immediate steps to make better use of remaining real property assets as measured by utilization and occupancy rates, annual operating cost, energy efficiency, and sustainability. To the extent permitted by law, agency actions shall include accelerating cycle times for identifying excess assets and disposing of surplus assets; eliminating lease arrangements that are not cost effective; pursuing consolidation opportunities within and across agencies in common asset types (such as data centers, office space, warehouses, and laboratories); increasing occupancy rates in current facilities through innovative approaches to space management and alternative workplace arrangements, such as telework; and identifying offsetting reductions in inventory when new space is acquired. Agency actions taken under this memorandum shall align with and support the actions to measure and reduce resource use and greenhouse gas emissions in Federal facilities pursuant to [former] Executive Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance), and the Federal Data Center Consolidation Initiative, which was announced by the Office of Management and Budget (OMB) in February 2010.

In total, agency efforts required by this memorandum should produce no less than $3 billion in cost savings by the end of fiscal year 2012, yielded from increased proceeds from the sale of assets and reduced operating, maintenance, and energy expenses from disposals or other space consolidation efforts, including leases that are ended. This is in addition to the Department of Defense’s Base Realignment and Closure efforts that are expected to achieve $9.8 billion in savings from fiscal year 2010 to fiscal year 2012, of which $5 billion is a direct result of reduced operating and maintenance from disposals or other consolidation efforts. In addition, in order to address the growth of data centers across the Federal Government, agencies shall immediately adopt a policy against expanding data centers beyond current levels, and shall develop plans to consolidate and significantly reduce data centers within 5 years. Agencies shall submit their plans to OMB for review by August 30, 2010.

To achieve these goals, the Director of the OMB shall develop, in consultation with the Administrator of General Services and the Federal Real Property Council established pursuant to Executive Order 13327 of February 4, 2004 (Federal Real Property Asset Management), within 90 days of the date of this memorandum, guidance for actions agencies should take to carry out the requirements of this memorandum. The guidance shall include agency-specific targets to achieve $3 billion in cost savings and shall be developed in consultation with the agencies. The Administrator of General Services, in consultation with the Director of the OMB, shall coordinate agency efforts to satisfy the requirements of this memorandum and shall submit to the President periodic reports on the results achieved.

This memorandum shall be implemented consistent with applicable law and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

For transfer of functions, personnel, assets, and liabilities of the General Services Administration, including the functions of the Administrator of General Services relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(5), 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pub. L. 111–117, div. C, title V, Dec. 16, 2009, 123 Stat. 3188, provided in part:

“That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall include a detailed 5-year plan for Federal building construction projects with a yearly update of total projected future funding needs: Provided further , That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall, in consultation with U.S. Customs and Border Protection, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs”.

Similar provisions were contained in the following prior appropriation act:

Pub. L. 111–8, div. D, title V, Mar. 11, 2009, 123 Stat. 660.

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

All functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), are hereby transferred from the respective agencies in which such functions are now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—

(a) space in buildings located in any foreign country;

(b) space in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy yard, naval training station, air-field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative;

(c) space occupied by the Post Office Department in post-office buildings and space acquired by lease for post-office purposes; and

(d) space in other Government-owned buildings which the Administrator of General Services finds are wholly or predominantly utilized for the special purposes of the agency having the custody thereof and are not generally suitable for the use of other agencies (including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions), and space acquired by lease for any such purpose:

Provided, That the space needs of the Post Office Department shall be given priority in the assignment and reassignment of space in post office buildings.

All functions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by the Director of the Bureau of the Budget, are not used predominantly for post-office purposes, are hereby transferred from the respective agencies in which now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—

(a) any building located in any foreign country;

(b) any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative;

(c) any building which the Administrator of General Services finds to be a part of a group of buildings which are (1) located in the same vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (3) are not generally suitable for the use of other agencies; and

(d) the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Bureau of Standards, and the buildings under the jurisdiction of the regents of the Smithsonian Institution.

[References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of Pub. L. 100–418, set out as a Change of Name note under 15 U.S.C. 271.]

(a) The Administrator of General Services may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the General Services Administration of any function transferred to such Administrator by the provisions of this reorganization plan.

(b) When authorized by the Administrator of General Services, any function transferred to him by the provisions of this reorganization plan may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate: Provided, That functions with respect to post-office buildings shall not be delegated under the authority of this subsection to the head of any agency other than the Postmaster General.

(c) The Administrator of General Services shall prescribe such regulations as he deems desirable for the economical and effective performance of the functions transferred by the provisions of this reorganization plan.

There shall be transferred from time to time, between the agencies concerned and for use in connection with the functions transferred by the provisions of this reorganization plan, so much of the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds, relating to such functions, as may be necessary for the performance of said functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate.

The provisions of this reorganization plan shall take effect on the 1st day of July 1950.

[The Post Office Department has been redesignated the United States Postal Service pursuant to Pub. L. 91–375, § 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a note preceding section 101 of Title 39, Postal Service.]

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 18 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers to the Administrator of General Services the functions of the various Federal agencies with respect to leasing and assigning general-purpose space in buildings and the operation, maintenance, and custody of office buildings. Since such authority is already largely concentrated in the General Services Administration with respect to the District of Columbia, the plan principally relates to the administration of these functions in the field.

The transfers made by this plan will promote more economical leasing, better utilization of building space, and more efficient operation of Government-controlled office buildings. They will effectuate the recommendations of the Commission on Organization of the Executive Branch of the Government with respect to concentrating in the General Services Administration the responsibility for space allotment and the operation of Government buildings outside of the District of Columbia. Likewise, they will extend the principles laid down by the Congress in enacting the Federal Property and Administrative Services Act of 1949 to another important area of Government-wide administrative services—the administration of Government office buildings and general-purpose building space in the field.

Within the District of Columbia, one agency, the Public Buildings Service of the General Services Administration, has long had the operation and custody of most Government buildings and the leasing and assignment of space for executive agencies. Thus, nearly all requests for building space are handled by a single organization which is responsible for seeing that agencies are properly and efficiently housed. This arrangement has proved its worth and has repeatedly been approved by the Congress.

Outside of the National Capital, however, responsibility for the acquisition and control of building space and the operation of Government buildings is widely diffused. A variety of agencies operate and control general-purpose buildings. If quarters are not available in Federal buildings, each agency ordinarily does its own leasing. As a result, in some cases Federal agencies have contracted for space at high rentals at the very time that other agencies have been giving up surplus low-cost space.

The assignment of space in Government-owned buildings outside of Washington is also divided among a number of agencies. While the Public Buildings Service constructs a large part of the Government buildings, it operates and controls the assignment of space in only a small proportion of them. The Post Office Department operates and allocates the space in post-office buildings, several hundred of which contain substantial amounts of office space available for other agencies. During and immediately after the war several other Federal agencies acquired office buildings in the field. As their activities have contracted, surplus space in many of these structures has become available for other uses.

This plan concentrates in the General Services Administration the responsibility for the leasing and assignment of what is termed general-purpose building space; that is, space which is suitable for the uses of a number of Federal agencies. It specifically excludes space in buildings at military posts, arsenals, navy yards, and similar defense installations and space in hospitals, laboratories, factories, and other special-purpose buildings.

Also, the plan excludes the Post Office Department from the transfer of leasing authority since the Department has a highly developed organization for this purpose, and it limits the transfer of space assignment authority in post-office buildings to the space not occupied by the Department. Further, it gives the needs of the Post Office Department priority in the assignment of space in post-office buildings. Thus, the plan amply safeguards the interests of the Post Office Department while making it possible to include the general office space in post-office buildings in any given city with other similar space under Federal control in planning and executing an efficient program for housing Government agencies in that area.

In addition, the plan transfers to the General Services Administration the operation, maintenance, and custody of office buildings owned or leased by the Government, including those post-office buildings which are not used predominantly for post-office purposes. This will make it possible to establish a single organization for the operation and maintenance of Government office buildings in principal cities in the field as has proved desirable in the National Capital. Since many post offices are in fact primarily large office buildings, the plan includes in this transfer the post-office buildings which are not used predominantly for post-office purposes. This will relieve the Post Office Department of a considerable expenditure for building operation and maintenance which properly should not be charged against postal revenues.

While the plan effects a broad transfer of functions with respect to leasing and assignment of space and the operation and maintenance of office buildings, it specifically authorizes the Administrator of General Services to delegate the performance of any part of these functions to other agencies subject to such regulations as he deems desirable for economical and effective administration. In this the plan follows the pattern adopted by the Federal Property and Administrative Services Act of 1949 for other branches of property management. In large urban centers where numerous Federal units are located unified administration of space activities by the General Services Administration will normally be advantageous. On the other hand, in the smaller communities it will no doubt be desirable to delegate the work back to the agencies directly affected, to be carried on under standards laid down by the Administrator of General Services. The plan provides ample flexibility for working out the most effective administrative arrangement for each type of situation.

The fundamental soundness and economy of centralized administration of building space have been amply demonstrated in the National Capital. By virtue of unified control it has been possible since the war to accomplish far-reaching changes which have consolidated agencies in much fewer locations, released many of the rented buildings, and greatly reduced the cost of housing the Government establishment. Similar procedures applied in the larger centers of field activity should produce substantial savings.

After investigation, I have found, and hereby declare, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949.

While it is not possible at this time to calculate the reduction in expenditures which will result from this plan, it can safely be predicted that it will produce substantial savings. I am confident that this reorganization plan will constitute a significant improvement in Federal business practice and will bring about an important increase in efficiency in housing Government agencies.

Harry S Truman.

Term of President’s Management Advisory Board extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.

Previous extensions of term of President’s Management Advisory Board were contained in the following prior Executive Orders:

Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.

Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, extended term until Sept. 30, 2013.

Pub. L. 109–313, § 2(c), Oct. 6, 2006, 120 Stat. 1735, provided that:

“Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document— “(1) to the Federal Supply Service is deemed to refer to the Federal Acquisition Service; “(2) to the GSA Federal Technology Service is deemed to refer to the Federal Acquisition Service; “(3) to the Commissioner of the Federal Supply Service is deemed to refer to the Commissioner of the Federal Acquisition Service; and “(4) to the Commissioner of the GSA Federal Technology Service is deemed to refer to the Commissioner of the Federal Acquisition Service.”

Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.

For assignment of certain emergency preparedness functions to the Administrator of General Services, see Parts 1, 2, and 18 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.

Section effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents.

“Director of the Government Publishing Office” substituted for “Public Printer” in subsec. (c)(1)(A)(i) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.

Pub. L. 118–182, § 2(c), Dec. 23, 2024, 138 Stat. 2624, provided that:

“The amendment made by this Act [amending this section and section 323 of this title ] shall take effect on the commencement of the first fiscal year after the date of the enactment of this Act [ Dec. 23, 2024 ].”

Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.

Pub. L. 109–313, § 3(a)–(c), Oct. 6, 2006, 120 Stat. 1735, provided that:

“(a) Abolishment of General Supply Fund and Information Technology Fund .— The General Supply Fund and the Information Technology Fund in the Treasury are hereby abolished. “(b) Transfers .— Capital assets and balances remaining in the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect [see Effective Date of 2006 Amendment note above] shall be transferred to the Acquisition Services Fund and shall be merged with and be available for the purposes of the Acquisition Services Fund under section 321 of title 40 , United States Code (as amended by this Act). “(c) Assumption of Obligations .— Any liabilities, commitments, and obligations of the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect shall be assumed by the Acquisition Services Fund.”

Repeal effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as an Effective Date of 2006 Amendment note under section 5316 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 118–182 effective on the commencement of the first fiscal year after Dec. 23, 2024, see section 2(c) of Pub. L. 118–182, set out as a note under section 321 of this title.

Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(3) is effective on the date that is 5 years after Oct. 1, 2024.

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.

Pub. L. 109–364, div. A, title VIII, § 833(b), Oct. 17, 2006, 120 Stat. 2332, provided that:

“Not later than 30 days after the date of the enactment of this Act [ Oct. 17, 2006 ], the Administrator of General Services shall establish procedures to implement subsection (d) of section 502 of title 40 , United States Code (as added by subsection (a)).”

Pub. L. 108–352, § 9, Oct. 21, 2004, 118 Stat. 1396, provided that:

“Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares.”

Pub. L. 115–232, div. B, title XXVIII, § 2847, Aug. 13, 2018, 132 Stat. 2277, provided that:

“(a) Net-Negative Inventory of Land Parcels.— “(1) Maintenance and update of inventory .— The Secretary of the Navy shall maintain and update regularly an inventory of all land parcels located on Guam which meet each of the following conditions: “(A) The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy. “(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy. “(C) Under Federal law, including Public Law 106–504 (commonly known as the ‘Guam Omnibus Opportunities Act’; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial government. “(2) Information required .— For each parcel included in the inventory under paragraph (1), the Secretary shall specify— “(A) the approximate size of the parcel; “(B) an estimate of the fair market value of the parcel, if available or as practicable; “(C) the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and “(D) the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel. “(b) Parcels Required To Be Included .— The Secretary shall include in the inventory under this section each of the following parcels, as described in the 2017 Net Negative Report: “(1) The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report. “(2) The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report. “(3) The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report. “(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report. “(5) The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report. “(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report. “(7) The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report. “(8) The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report. “(9) The Hoover Park Annex (also known as ‘Old USO Beach’; 6 acres), listed as Site 37 in the Report. “(10) Parcel ‘C’ Marbo Cave Annex (5 acres), listed as Site 12 in the Report. “(c) Inclusion of Additional Parcels in Inventory.— “(1) Request by governor .— The Governor of the territory of Guam may submit a request to the Secretary to add parcels to the inventory maintained under subsection (a), and shall specify in any such request any public benefit uses or public purposes proposed by the Governor for the parcel involved, pursuant to the Guam Omnibus Opportunities Act or any other relevant Federal law. “(2) Consideration by secretary .— Not later than 180 days of receipt of a request from the Governor under paragraph (1), the Secretary shall review the request and provide a response in writing to the Governor as to whether the Secretary will agree to the request to include the specific land parcel in the inventory maintained under subsection (a). If the Secretary denies the request, the Secretary shall provide a detailed written justification to the Governor that explains the continuing military need for the parcel, if any, and the date on which the Secretary expects that military need to cease, if ever. “(d) Exclusion of Parcels .— The Secretary shall not include in the inventory maintained under this section any parcel transferred to the government of Guam prior to the date of the enactment of this Act [ Aug. 13, 2018 ], without regard to whether or not the parcel is included in the inventory under subsection (b). “(e) Public Notification .— The Secretary shall publish and update on a public website of the United States Government the following information: “(1) The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b). “(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request. “(3) A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c). “(4) A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011 , including the following: “(A) The approximate size of the parcel. “(B) An estimate of the fair market value of the parcel, if available or as practicable. “(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government. “(D) The date the parcel was transferred to the territorial government. “(f) Definitions .— In this section, the following definitions apply: “(1) 2017 net negative report .— The term ‘2017 Net Negative Report’ means the report submitted by the Secretary of the Navy, on behalf of the Secretary of Defense, under section 2208 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2695 ) regarding the status of the implementation of the ‘net negative’ policy regarding the total number of acres of the real property controlled by the Department of the Navy or the Department of Defense on Guam. “(2) Governor .— The term ‘Governor’ means the Governor of the territory of Guam. “(3) Secretary .— The term ‘Secretary’ means the Secretary of the Navy. “(4) Territorial government .— The term ‘territorial government’ means the government of Guam established under the Organic Act of Guam ( 48 U.S.C. 1421 et seq.).”

Pub. L. 106–504, § 1, Nov. 13, 2000, 114 Stat. 2309, as amended by Pub. L. 109–163, div. A, title X, § 1056(a)(6), Jan. 6, 2006, 119 Stat. 3439, provided that:

“(a) Transfer of Excess Real Property .— (1) Except as provided in subsection (d), before screening excess real property located on Guam for further Federal utilization under section 202 [now 40 U.S.C. 521 et seq.] of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 471 et seq.) [now 40 U.S.C. 101 et seq.] (hereinafter the ‘Property Act’), the Administrator shall notify the Government of Guam that the property is available for transfer pursuant to this section. “(2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act. “(b) Conditions of Transfer .— (1) Any transfer of excess real property to the Government of Guam may be only for a public purpose and shall be without further consideration. “(2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy. “(3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except section 2696 of title 10 , United States Code, or section 501 of Public Law 100–77 ( 42 U.S.C. 11411 ). “(c) Definitions .— For the purposes of this section: “(1) The term ‘Administrator’ means— “(A) the Administrator of General Services; or “(B) the head of any Federal agency with the authority to dispose of excess real property on Guam. “(2) The term ‘base closure law’ has the meaning given such term in section 101(a)(17) of title 10 , United States Code. “(3) The term ‘excess real property’ means excess property (as that term is defined in section 3 of the Property Act [now 40 U.S.C. 102 ]) that is real property and was acquired by the United States prior to the enactment of this section [ Nov. 13, 2000 ]. “(4) The term ‘Guam National Wildlife Refuge’ includes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identified as DoD lands in figure 3, on page 74, and as submerged lands in figure 7, on page 78 of the ‘Final Environmental Assessment for the Proposed Guam National Wildlife Refuge, Territory of Guam, July 1993’ to the extent that the Federal Government holds title to such lands. “(5) The term ‘public purpose’ means those public benefit purposes for which the United States may dispose of property pursuant to section 203 of the Property Act [now 40 U.S.C. 541 et seq.], as implemented by the Federal Property Management Regulations (41 CFR 101–47) or the specific public benefit uses set forth in section 3(c) of the Guam Excess Lands Act ( Public Law 103–339 ; 108 Stat. 3116 ), except that such definition shall not include the transfer of land to an individual or entity for private use other than on a nondiscriminatory basis. “(d) Exemptions .— Notwithstanding that such property may be excess real property, the provisions of this section shall not apply— “(1) to real property on Guam that is declared excess by the Department of Defense for the purpose of transferring that property to the Coast Guard; “(2) to real property on Guam that is located within the Guam National Wildlife Refuge, which shall be transferred according to the following procedure: “(A) The Administrator shall notify the Government of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future ownership and management of such real property. “(B) If the parties reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided , That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. “(C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the Administrator shall provide a report to Congress on the status of the discussions, together with his recommendations on the likelihood of resolution of differences and the comments of the Fish and Wildlife Service and the Government of Guam. If the subject property is under the jurisdiction of a military department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such property. In the event of such a transfer by a military department to the General Services Administration, the Department of the Interior shall be responsible for all reasonable costs associated with the custody, accountability and control of such property until final disposition. “(D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided , That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. “(E) Absent an agreement on the future ownership and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property; “(3) to real property described in the Guam Excess Lands Act ( Public Law 103–339 ; 108 Stat. 3116 ) which shall be disposed of in accordance with such Act; “(4) to real property on Guam that is declared excess as a result of a base closure law; or “(5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the facility is declared excess together with the minimum land or interest therein necessary to support the facility. “(e) Dual Classification Property .— If a parcel of real property on Guam that is declared excess as a result of a base closure law also falls within the boundary of the Guam National Wildlife Refuge, such parcel of property shall be disposed of in accordance with the base closure law. “(f) Authority To Issue Regulations .— The Administrator of General Services, after consultation with the Secretary of Defense and the Secretary of the Interior, may issue such regulations as he deems necessary to carry out this section.”

Pub. L. 109–396, title IV, § 408, Dec. 15, 2006, 120 Stat. 2720, provided that the Director of the Office of Management and Budget was to submit, not later than 6 months after Dec. 15, 2006, a report on surplus and excess government property to Congress and, by such date, to develop, implement, and report to Congress on procedures requiring Federal agencies to share data on surplus and excess Federal real property under the jurisdiction of each agency.

Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(1) is effective on the date that is 5 years after Oct. 1, 2024.

Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the repeal of this section by section 2(e)(2) is effective on the date that is 5 years after Oct. 1, 2024.

Pub. L. 98–181, title I [title I, § 126(a)(2), (3)], Nov. 30, 1983, 97 Stat. 1175, provided that:

“(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b ], the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b ] if, prior to the date of the enactment of this Act [ Nov. 30, 1983 ], either Secretary had requested the Administrator of General Services to transfer such property for such disposition. “(3) Notwithstanding paragraph (1), section 414(b) [former 40 U.S.C. 484b(b) ] of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2).”

Act Oct. 3, 1944, ch. 479, § 13, 58 Stat. 770; Sept. 18, 1945, ch. 368, § 2, 59 Stat. 533; May 3, 1946, ch. 248, § 5, 60 Stat. 169; 1947 Reorg. Plan No. 1, § 501, eff. July 1, 1947, 12 F.R. 4535, 61 Stat. 952; July 30, 1947, ch. 404, 61 Stat. 678; June 10, 1948, ch. 433, §§ 1, 2, 62 Stat. 350; June 29, 1948, ch. 727, 62 Stat. 1103; June 30, 1949, ch. 288, title I, § 105, title VI, § 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 381, 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583; amended Oct. 1, 1949, ch. 589, §§ 1, 5, 63 Stat. 701; Pub. L. 85–726, title XIV, § 1402(c), Aug. 23, 1958, 72 Stat. 807; Pub. L. 87–90, July 20, 1961, 75 Stat. 211; Pub. L. 91–258, title I, § 52(b)(6), May 21, 1970, 84 Stat. 235; Pub. L. 91–485, § 5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92–362, § 2, Aug. 4, 1972, 86 Stat. 504; Pub. L. 97–248, title V, § 524(c), Sept. 3, 1982, 96 Stat. 696; Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, provided that:

“(a) to (c) [Repealed. June 30, 1949, ch. 288 , title VI, § 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 399 , renumbered Sept. 5, 1950, ch. 849, § 6(a) , (b), 64 Stat. 583 .] “(d) Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [former 50 U.S.C. App. 1611 et seq.] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 [former 50 U.S.C. App. 1621] or this section, unless specifically authorized by Act of Congress. “(e) , (f) [Repealed. June 30, 1949, ch. 288 , title VI, § 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 399 , renumbered Sept. 5, 1950, ch. 849, § 6(a) , (b), 64 Stat. 583 .] “(g) [Repealed. Pub. L. 103–272, § 7(b) , July 5, 1994 , 108 Stat. 1379 .] ”

Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pub. L. 117–328, div. Z, § 102, Dec. 29, 2022, 136 Stat. 5523, provided that:

“Congress finds the following: “(1) Access to computers and computer technology is indispensable for success in the 21st century. Millions of Americans do not regularly use a computer and research shows that substantial disparities remain in both internet use and the quality of access, with the digital divide concentrated among older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens. “(2) The COVID–19 pandemic has highlighted the gap between those with computer access and those without. Millions of students, their families, and workers from across the economy were unable to do schoolwork, work remotely from home, or connect to loved ones and their communities because of the digital divide. “(3) Any Federal program that distributes surplus, repairable Federal computers or technology equipment would benefit from a partnership with a nonprofit organization whose mission is bridging the digital divide.”

“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (b)(3) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pub. L. 114–318, § 7(c)(2), Dec. 16, 2016, 130 Stat. 1617, provided that:

“The amendments made by this subsection [amending this section] shall take effect as if enacted as part of the applicable Act [ Pub. L. 114–287 ].”

Pub. L. 114–318, § 7(e), Dec. 16, 2016, 130 Stat. 1617, provided that:

“Except as provided in subsection (c)(2) [set out above], this section [amending this section and provisions set out as a note under section 1303 of this title ] and the amendments made by this section shall take effect immediately after the enactment of the applicable Act [ Pub. L. 114–287 ].”

Amendment by Pub. L. 114–287 effective on the date on which the Public Buildings Reform Board transmits the second report under section 12(h)(2)(B) of Pub. L. 114–287 and applicable to proceeds from transactions contained in that report and conducted after the date on which the Board terminates under section 10 of Pub. L. 114–287, see section 20(b) of Pub. L. 114–287, set out in a note under section 1303 of this title.

Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Pub. L. 111–308, Dec. 14, 2010, 124 Stat. 3283, provided that:

“SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Federal Buildings Personnel Training Act of 2010’. “SEC. 2. TRAINING OF FEDERAL BUILDING PERSONNEL. “(a) Identification of Core Competencies .— Not later than 18 months after the date of enactment of this Act [ Dec. 14, 2010 ], and annually thereafter, the Administrator of General Services, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, and after providing notice and an opportunity for comment, shall identify the core competencies necessary for Federal personnel performing building operations and maintenance, energy management, safety, and design functions to comply with requirements under Federal law. The core competencies identified shall include competencies relating to building operations and maintenance, energy management, sustainability, water efficiency, safety (including electrical safety), and building performance measures. “(b) Designation of Relevant Courses, Certifications, Degrees, Licenses, and Registrations .— The Administrator, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall identify a course, certification, degree, license, or registration to demonstrate each core competency, and for ongoing training with respect to each core competency, identified for a category of personnel specified in subsection (a). “(c) Identified Competencies .— An individual shall demonstrate each core competency identified by the Administrator under subsection (a) for the category of personnel that includes such individual. An individual shall demonstrate each core competency through the means identified under subsection (b) not later than one year after the date on which such core competency is identified under subsection (a) or, if the date of hire of such individual occurs after the date of such identification, not later than one year after such date of hire. In the case of an individual hired for an employment period not to exceed one year, such individual shall demonstrate each core competency at the start of the employment period. “(d) Continuing Education .— The Administrator, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall develop or identify comprehensive continuing education courses to ensure the operation of Federal buildings in accordance with industry best practices and standards. “(e) Curriculum With Respect to Facility Management and Operation of High-Performance Buildings .— Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Administrator, acting through the head of the Office of Federal High-Performance Green Buildings, and the Secretary of Energy, acting through the head of the Office of Commercial High-Performance Green Buildings, in consultation with the heads of other appropriate Federal departments and agencies and representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall develop a recommended curriculum relating to facility management and the operation of high-performance buildings. “(f) Applicability of This Section to Functions Performed Under Contract .— Training requirements under this section shall apply to non-Federal personnel performing building operations and maintenance, energy management, safety, and design functions under a contract with a Federal department or agency. A contractor shall provide training to, and certify the demonstration of core competencies for, non-Federal personnel in a manner that is approved by the Administrator.”

Memorandum of President of the United States, Aug. 10, 1995, 60 F.R. 42023, provided:

Memorandum for the Heads of Departments and Agencies

Recent advancements in mobile telecommunications technology present an opportunity for the rapid construction of the Nation’s wireless communications infrastructure. As a matter of policy, the Federal Government shall encourage the efficient and timely implementation of such new technologies and the concomitant infrastructure buildout as a means of stimulating economic growth and creating new jobs. The recent auctioning and impending licensing of radio frequencies for mobile personal communications services presents the Federal Government with the opportunity to foster new technologies and to encourage the development of communications infrastructure by making Federal property available for the siting of mobile services antennas.

Therefore, to the extent permitted by law, I hereby direct the Administrator of General Services, within 90 days, in consultation with the Secretaries of Agriculture, Interior, Defense, and the heads of such other agencies as the Administrator may determine, to develop procedures necessary to facilitate appropriate access to Federal property for the siting of mobile services antennas.

The procedures should be developed in accordance with the following:

1. (a) Upon request, and to the extent permitted by law and where practicable, executive departments and agencies shall make available Federal Government buildings and lands for the siting of mobile service antennas. This should be done in accordance with Federal, State, and local laws and regulations, and consistent with national security concerns (including minimizing mutual electromagnetic interactions), public health and safety concerns, environmental and aesthetic concerns, preservation of historic buildings and monuments, protection of natural and cultural resources, protection of national park and wilderness values, protection of National Wildlife Refuge systems, and subject to any Federal requirements promulgated by the agency managing the facility and the Federal Communications Commission, the Federal Aviation Administration, National Telecommunications and Information Administration, and other relevant departments and agencies.

(b) Antennas on Federal buildings or land may not contain any advertising.

(c) Federal property does not include lands held by the United States in trust for individual or Native American tribal governments.

(d) Agencies shall retain discretion to reject inappropriate siting requests, and assure adequate protection of public property and timely removal of equipment and structures at the end of service.

2. All procedures and mechanisms adopted regarding access to Federal property shall be clear and simple so as to facilitate the efficient and rapid buildout of the national wireless communications infrastructure.

3. Unless otherwise prohibited by or inconsistent with Federal law, agencies shall charge fees based on market value for siting antennas on Federal property, and may use competitive procedures if not all applicants can be accommodated.

This memorandum does not give the siting of mobile services antennas priority over other authorized uses of Federal buildings or land.

All independent regulatory commissions and agencies are requested to comply with the provisions of this memorandum.

This memorandum is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers, or any other person.

This memorandum shall be published in the Federal Register.

William J. Clinton.

Pub. L. 118–272, div. B, title III, § 2302, Jan. 4, 2025, 138 Stat. 3218, provided that:

“(a) Definitions .— In this section: “(1) Actual utilization rate .— The term ‘actual utilization rate’ means the total usable square footage of a public building or federally-leased space divided by the occupancy. “(2) Administrator .— The term ‘Administrator’ means the Administrator of General Services. “(3) Building utilization .— The term ‘building utilization’ means the percentage of utilization generated by comparing the actual utilization rate with the capacity based on a utilization benchmark of 150 useable square feet per person. “(4) Capacity .— The term ‘capacity’ means the total usable square footage of a public building or federally-leased space divided by a utilization benchmark. “(5) Director .— The term ‘Director’ means the Director of the Office of Management and Budget. “(6) Federal agency .— The term ‘Federal agency’ means an executive department covered by the Chief Financial Officers Act of 1990 ( Public Law 101–576 ; 104 Stat. 2838 ). “(7) Occupancy .— The term ‘occupancy’ means the average number of employees actually performing duties in person in a public building or federally-leased space at least 40 hours per week over a 2-month period. “(8) Public building .— The term ‘public building’ has the meaning given the term in section 3301(a) of title 40 , United States Code. “(b) Identification and Deployment of Building Usage Technology.— “(1) In general .— Not later than 60 days after the date of enactment of this Act [ Jan. 4, 2025 ], the Administrator, in coordination with the Director, shall establish standard methodologies and identify technologies available for measuring occupancy in public buildings and federally-leased space. “(2) Measurement of utilization .— Not later than 180 days after the date of enactment of this Act, the heads of Federal agencies shall work with the Administrator to identify, deploy, and use Personal Identity Verification badge swipe data isolating only the first credential use of the day for each cardholder and other technologies that the Administrator determines to be appropriate, such as sensors, in public buildings and federally-leased space where the Federal agency occupies space to measure the occupancy of public buildings and federally-leased space. “(3) Protection of personally identifiable information .— In carrying out paragraph (2), the Administrator shall ensure any sensors used for the purposes of determining occupancy are designed to protect of all personally identifiable information. “(c) Reporting on Usage of Real Property.— “(1) In general .— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the heads of Federal agencies shall submit to the Director, the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report on— “(A) the occupancy and the actual utilization rates of space in public buildings and federally-leased space occupied by the respective agency of the Federal agency head broken down by building and lease; “(B) the methodology used for determining occupancy, including the period of time and other parameters used to determine occupancy on a regular basis; “(C) the utilization percentage of each public building and federally-leased space by the respective agency of the Federal agency head, comparing the capacity to the actual utilization rate based on a utilization benchmark of 150 usable square feet per person; and “(D) any costs associated with capacity that exceeds occupancy with respect to the respective agency of the Federal agency head. “(2) Publishing requirement.— “(A) In general .— Except as provided in subparagraph (B), the heads of Federal agencies shall make each report required under paragraph (1) available on a publicly accessible website of the General Services Administration. “(B) Exception .— The publishing requirements of subparagraph (A) shall not apply if the head of the respective Federal agency makes a determination that making the report required under paragraph (1) available on a publicly accessible website would be detrimental to national security. “(d) Reducing Unneeded Space.— “(1) Target utilization metrics .— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director, in consultation with the Administrator, shall ensure building utilization in each public building and federally-leased space is not less than 60 percent on average over each 1-year period. “(2) Actions .— In the event that building utilization is below 60 percent on average over a 1-year period described in paragraph (1) for any particular public building or federally-leased space, the Administrator shall— “(A) provide notice to the tenant agency informing the agency of the excess in capacity along with associated costs of such excess; and “(B) notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate of the excess capacity and associated costs. “(3) Subsequent failure .— If the tenant agency fails to meet the 60 percent target under paragraph (1) in the reporting period subsequent to the reporting period under paragraph (2), the Administrator shall, in consultation with the Director, take steps to reduce the space of the tenant agency, including consolidating the tenant agency with another agency, selling or disposing of excess capacity space, and adjusting space requirements, as appropriate, for any replacement space. “(4) Prioritization .— The Administrator, in coordination with the Director, shall prioritize to the maximum extent practicable capital investments in public buildings where Federal agencies meet or exceed building utilization metrics, except that prioritization may be given to projects that will result in building utilization of 60 percent or more. “(5) Exceptions.— “(A) In general .— The Director may provide exceptions to building utilization metrics based on the amount of non-standard office space a Federal agency demonstrates is required to meet the mission of the agency, including warehouse space, laboratories critical to the mission of the agency, and public customer-facing spaces driven by agency missions. “(B) Reporting .— The Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report on any exceptions granted under subparagraph (A), including the justification for the exception. “(e) Headquarters Buildings.— “(1) Headquarters consolidations .— Not later than 1 year after the date of enactment of this Act [ Jan. 4, 2025 ], the Director, in consultation with the Administrator, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Comptroller General of the United States a plan to consolidate department and agency headquarters buildings in the National Capital Region that will result in building utilizations of 60 percent or greater. “(2) Contents .— The plan submitted under paragraph (1) shall include details on the following: “(A) Which departments and agencies will collocate and consolidate and into which buildings and associated details before and after plan implementation related to building utilization, building capacities, and actual utilization. “(B) Details on the strategies for the sale or disposal of buildings that will no longer be needed for Federal use. “(C) A detailed breakdown of any costs associated with the proposed consolidations and collocations. “(D) An estimate of future savings as a result of space reductions and consolidations, including costs associated with energy savings and building operations. “(3) Implementation .— Not later than 1 year after the submission of the plan under paragraph (1), the Administrator and Director shall begin implementing the plan. “(f) Federal Use It or Lose It Leases Act.— “(1) Definitions .— In this subsection: “(A) Federal tenant.— “(i) In general .— The term ‘Federal tenant’ means a Federal agency that has an occupancy agreement with the Administrator to occupy a commercial lease for office space secured by the Administrator on behalf of the Federal Government. “(ii) Exclusion .— The term ‘Federal tenant’ does not include an element of the intelligence community. “(B) Intelligence community .— The term ‘intelligence community’ has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). “(2) Reporting of space utilization and occupancy data for office space .— An occupancy agreement between the Administrator and a Federal tenant for office space shall— “(A) include language that requires the Federal tenant to submit to the Administrator an annual report for the duration of the agreement containing data on— “(i) monthly total occupancy of such office space; “(ii) the actual utilization of such office space; “(iii) monthly space utilization rates; and “(iv) any other office space utilization data considered important by the Administrator; and “(B) include language that requires the Federal tenant to have written procedures in place governing the return of office space to the Administrator if the occupancy of the Federal tenant falls below a 60 percent space utilization rate for 6 months within any 1-year period, beginning on the date on which the agreement takes effect. “(3) Requirements for federal agencies with independent leasing authorities .— The head of any agency with independent leasing authorities with leases for office space shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and each congressional committee of jurisdiction of the applicable independent leasing authority an annual report for the duration of the agreement containing data on— “(A) monthly total occupancy of the office space; “(B) the actual utilization of the office space; “(C) monthly space utilization rates; and “(D) any other office space utilization data considered important for collection by Congress. “(4) Exceptions to reporting and occupancy agreement requirements .— This subsection shall not apply to properties used by an element of the intelligence community. “(5) Applicability .— The requirements of this subsection shall apply to any occupancy or novation agreement entered into on or after the date that is 180 days after the date of enactment of this Act. “(g) GAO Report.— “(1) In general .— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the cost to each Federal agency of measuring the occupancy and actual utilization rates of space in public buildings and federally-leased space to prepare the reports required under subsection (d). “(2) Requirements .— The Comptroller General of the United States shall include in the report required under paragraph (1) the cost of deploying sensors and technologies pursuant to subsection (c) but shall exclude any such technologies that were in place before the date of enactment of this Act. “(h) Investigation of Underutilized Space.— “(1) Reporting requirement .— Not later than 90 days after the submission of each report under subsection (d), the head of each Federal agency shall submit to the inspector general of each respective agency a report detailing any public building or federally-leased space with a capacity of 500 or more employees under the jurisdiction of the agency that has a utilization rate below 20 percent during the reporting period that is not a vacant office building. “(2) Inspector general investigation .— On receipt of a report under paragraph (1), the inspector general of the relevant Federal agency shall conduct an investigation to determine whether there is any evidence of fraud, waste, abuse, or mismanagement with respect to the use of the public building or federally-leased space identified in the report.”

Pub. L. 116–276, Dec. 31, 2020, 134 Stat. 3362, provided that:

“SECTION 1. SHORT TITLE; FINDINGS. “(a) Short Title .— This Act may be cited as the ‘Secure Federal Leases from Espionage And Suspicious Entanglements Act’ or the ‘Secure Federal LEASEs Act’. “(b) Findings .— Congress finds that— “(1) the Government Accountability Office has reported that the Federal Government often leases high-security space from private sector landlords; “(2) the General Services Administration collects highest-level and immediate ownership information through the System for Award Management, but it is not currently required to collect beneficial ownership information and lacks an adequate system for doing so; “(3) the General Services Administration and Federal agencies with leasing authority may not know if foreign owners have a stake in the buildings leased by the agencies, either through foreign-incorporated legal entities or through ownership in United States-incorporated legal entities, even when the leased space is used for classified operations or to store sensitive data; and “(4) according to a report of the Government Accountability Office, dated January 2017, that examined the risks of foreign ownership of Government-leased real estate, ‘leasing space in foreign-owned buildings could present security risks such as espionage and unauthorized cyber and physical access’. “SEC. 2. DEFINITIONS. “In this Act: “(1) Beneficial owner.— “(A) In general .— Except as provided in subparagraph (B), the term ‘beneficial owner’ means, with respect to a covered entity, each natural person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise— “(i) exercises control over the covered entity; or “(ii) has a substantial interest in or receives substantial economic benefits from the assets of the covered entity. “(B) Exceptions .— The term ‘beneficial owner’ does not include, with respect to a covered entity— “(i) a minor child; “(ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; “(iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; “(iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or “(v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A). “(C) Anti-abuse rule .— The exceptions under subparagraph (B) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this Act. “(2) Control .— The term ‘control’ means, with respect to a covered entity— “(A) having the authority or ability to determine how a covered entity is utilized; or “(B) having some decision-making power for the use of a covered entity. “(3) Covered entity .— The term ‘covered entity’ means— “(A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or “(B) any governmental entity or instrumentality of a government. “(4) Executive agency .— The term ‘Executive agency’ has the meaning given the term in section 105 of title 5 , United States Code. “(5) Federal agency .— The term ‘Federal agency’ means any Executive agency or any establishment in the legislative or judicial branch of the Government. “(6) Federal lessee .— The term ‘Federal lessee’— “(A) means the Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority; and “(B) does not include the head of an element of the intelligence community. “(7) Federal tenant .— The term ‘Federal tenant’— “(A) means a Federal agency that is occupying or will occupy a high-security leased space for which a lease agreement has been secured on behalf of the Federal agency; and “(B) does not include an element of the intelligence community. “(8) Foreign entity .— The term ‘foreign entity’ means a covered entity that is headquartered or incorporated in a country that is not the United States. “(9) Foreign person .— The term ‘foreign person’ means an individual who is not a United States person. “(10) High-security leased space .— The term ‘high-security leased space’ means a space leased by a Federal lessee that— “(A) will be occupied by Federal employees for nonmilitary activities; and “(B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Department of Homeland Security, and the General Services Administration. “(11) Highest-level owner .— The term ‘highest-level owner’ means the entity that owns or controls an immediate owner of the offeror of a lease, or that owns or controls 1 or more entities that control an immediate owner of the offeror. “(12) Immediate owner .— The term ‘immediate owner’ means an entity, other than the offeror of a lease, that has direct control of the offeror, including ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. “(13) Intelligence community .— The term ‘intelligence community’ has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). “(14) Substantial economic benefits .— The term ‘substantial economic benefits’ means, with respect to a natural person described in paragraph (1)(A)(ii), having an entitlement to the funds or assets of a covered entity that, as a practical matter, enables the person, directly or indirectly, to control, manage, or direct the covered entity. “(15) United states person .— The term ‘United States person’ means an individual who— “(A) is a citizen of the United States; or “(B) is an alien lawfully admitted for permanent residence in the United States. “(16) Widely held .— The term ‘widely held’ means a fund that has not less than 100 natural persons as direct or indirect investors. “SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR FEDERAL AGENCIES. “(a) Required Disclosures .— Before entering into a lease agreement with a covered entity or approving a novation agreement with a covered entity involving a change of ownership under a lease that will be used for high-security leased space, a Federal lessee shall require the covered entity to identify and disclose whether the immediate or highest-level owner of the leased space, including an entity involved in the financing thereof, is a foreign person or a foreign entity, including the country associated with the ownership entity. “(b) Notification .— If a disclosure is made under subsection (a), the Federal lessee shall notify the Federal tenant of the building or other improvement that will be used for high-security space in writing, and consult with the Federal tenant, regarding security concerns and necessary mitigation measures, if any, prior to award of the lease or approval of the novation agreement. “(c) Timing.— “(1) In general .— A Federal lessee shall require a covered entity to provide the information described in subsection (a) when first submitting a proposal in response to a solicitation for offers issued by the Federal lessee. “(2) Updates .— A Federal lessee shall require a covered entity to submit an update of the information described in subsection (a) annually, beginning on the date that is 1 year after the date on which the Federal tenant began occupancy, with information including— “(A) the list of immediate or highest-level owners of the covered entity during the preceding 1-year period of Federal occupancy; or “(B) the information required to be provided relating to each such immediate or highest-level owner. “SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS. “(a) Plan .— The General Services Administration, in coordination with the Office of Management and Budget, shall develop a Government-wide plan for agencies (as such term is defined in section 551 of title 5 , United States Code) for identifying all immediate, highest-level, or beneficial owners of high-security leased spaces before entering into a lease agreement with a covered entity for the accommodation of a Federal tenant in a high-security leased space. “(b) Requirements.— “(1) Contents .— The plan described in subsection (a) shall include a process for collecting and utilizing the following information on each immediate, highest-level, or beneficial owner of a high-security leased space: “(A) Name. “(B) Current residential or business street address. “(C) An identifying number or document that verifies identity as a United States person, foreign person, or foreign entity. “(2) Disclosures and notifications.— The plan described in subsection (a) shall— “(A) require the disclosure of any immediate, highest-level, or beneficial owner that is a foreign person; “(B) require that, if the Federal lessee is assigning the building or other improvement that will be used for high-security space to a Federal tenant, the Federal tenant shall be notified of the disclosure described in subparagraph (A); and “(C) exclude collecting ownership information on widely held pooled-investment vehicles, mutual funds, trusts, or other pooled-investment vehicles. “(c) Report and Implementation .— The General Services Administration shall— “(1) not later than 1 year after the date of enactment of this Act [ Dec. 31, 2020 ], submit the plan described in subsection (a) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; “(2) not later than 2 years after the date of enactment of this Act, implement the plan described in subsection (a); and “(3) not later than 1 year after the implementation of the plan described in subsection (a), and each year thereafter for 9 years, submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the implementation of the plan, including the number of disclosures made under subsection (b)(2). “SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE. “A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include language that provides that— “(1) the covered entity and any member of the property management company who may be responsible for oversight or maintenance of the high-security leased space shall not— “(A) maintain access to the high-security leased space; or “(B) have access to the high-security leased space without prior approval from the Federal tenant; “(2) access to the high-security leased space or any property or information located within that space will only be granted by the Federal tenant if the Federal tenant determines that the access is clearly consistent with the mission and responsibilities of the Federal tenant; and “(3) the Federal lessee shall have written procedures in place, signed by the Federal lessee and the covered entity, governing access to the high-security leased space in case of emergencies that may damage the leased property. “SEC. 6. AGENCY NOTIFICATIONS. “Not later than 60 days after the date of enactment of this Act [ Dec. 31, 2020 ], the Administrator of General Services, in consultation with the Office of Management and Budget, shall provide notification to relevant Executive branch agencies with independent leasing authorities of the requirements of this Act. “SEC. 7. APPLICABILITY. “Except where otherwise provided, this Act shall apply with respect to any lease or novation agreement entered into on or after the date that is 6 months after the date of enactment of this Act.”

Act July 30, 1947, ch. 358, title III, § 306, 61 Stat. 584, provided in part that:

“Wholly owned Government corporations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of such Act of March 1, 1919 , as amended [ch. 86, § 10, 40 Stat. 1269 ] ([former] 40 U.S.C. 1 ), and shall pay such rental thereon as may be determined by the Federal Works Administrator [Administrator of General Services], such rental to include all cost of maintenance, upkeep, and repair.”

Pub. L. 118–47, div. E, title I, § 103(b), Mar. 23, 2024, 138 Stat. 712, provided that:

“The amendments made by this section [amending this section] shall apply with respect to fiscal year 2024 and each succeeding fiscal year.”

Pub. L. 117–328, div. I, title I, § 117(b), Dec. 29, 2022, 136 Stat. 4924, provided that:

“The amendments made by this section [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year.”

Pub. L. 117–263, div. G, title LXXII, subtitle C, Dec. 23, 2022, 136 Stat. 3676, provided that:

“SEC. 7231. SHORT TITLE. “This subtitle may be cited as the ‘Strategic EV Management Act of 2022’. “SEC. 7232. DEFINITIONS. “In this subtitle: “(1) Administrator .— The term ‘Administrator’ means the Administrator of General Services. “(2) Agency .— The term ‘agency’ has the meaning given the term in section 551 of title 5 , United States Code. “(3) Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— “(A) the Committee on Homeland Security and Governmental Affairs of the Senate; “(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; “(C) the Committee on Environment and Public Works of the Senate; “(D) the Committee on Energy and Natural Resources of the Senate; “(E) the Committee on Energy and Commerce of the House of Representatives; “(F) the Committee on Appropriations of the Senate; and “(G) the Committee on Appropriations of the House of Representatives. “(4) Director .— The term ‘Director’ means the Director of the Office of Management and Budget. “SEC. 7233. STRATEGIC GUIDANCE. “(a) In General .— Not later than 2 years after the date of enactment of this Act [ Dec. 23, 2022 ], the Administrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management. “(b) Contents .— The strategic plan required under subsection (a) shall— “(1) maximize both cost and environmental efficiencies; and “(2) incorporate— “(A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; “(B) guidelines for reusing and recycling the batteries of retired vehicles; “(C) guidelines for disposing electric vehicle batteries that cannot be reused or recycled; and “(D) any other considerations determined appropriate by the Administrator and Director. “(c) Modification .— The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. “(d) Consultation .— In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including— “(1) the Secretary of Energy; “(2) the Administrator of the Environmental Protection Agency; “(3) the Chair of the Council on Environmental Quality; “(4) scientists who are studying electric vehicle batteries and reuse and recycling solutions; “(5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research; “(6) industries interested in electric vehicle battery reuse and recycling; “(7) electric vehicle equipment manufacturers and recyclers; and “(8) any other relevant entities, as determined by the Administrator and Director. “(e) Report.— “(1) In general .— Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). “(2) Briefing .— Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies. “SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES. “Not later than 2 years after the date of enactment of this Act [ Dec. 23, 2022 ], the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.”

Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.

Pub. L. 114–318, § 2, Dec. 16, 2016, 130 Stat. 1608, provided that:

“The purpose of this Act [see section 1 of Pub. L. 114–318 , set out as a Short Title of 2016 Amendment note under section 101 of this title ] is to increase the efficiency and effectiveness of the Federal Government in managing property of the Federal Government by— “(1) requiring the United States Postal Service to take appropriate measures to better manage and account for property; “(2) providing for increased collocation with Postal Service facilities and guidance on Postal Service leasing practices; and “(3) establishing a Federal Real Property Council to develop guidance on and ensure the implementation of strategies for better managing Federal property.”

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Pub. L. 108–136, div. A, title XIV, § 1427(b), Nov. 24, 2003, 117 Stat. 1670, as amended by Pub. L. 117–81, div. A, title XVII, § 1702(l)(8), Dec. 27, 2021, 135 Stat. 2161, provided that:

“Architectural and engineering services (as defined in section 1102 of title 40 , United States Code) shall not be offered under multiple-award schedule contracts entered into by the Administrator of General Services or under Governmentwide task and delivery order contracts entered into under sections 3403 and 3405 of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253h and 253i) [now 41 U.S.C. 4103 , 4105(a) to (c)(1), (d) to (i)] unless such services— “(1) are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be performed; and “(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code.”

Pub. L. 115–141, div. P, title VI, § 608(e), Mar. 23, 2018, 132 Stat. 1107, provided that:

“(1) Real property authorities .— Nothing in this section [enacting provisions set out as a note under this section and amending provisions set out as a note under this section], or an amendment made by this section, shall be construed as providing any Executive agency with any new leasing or other real property authority that did not exist prior to the date of enactment of this Act [ Mar. 23, 2018 ]. “(2) Effect on other laws .— Nothing in this section, or an amendment made by this section, and no information submitted pursuant to this section, or pursuant to an amendment made by this section, shall be used to prevent or otherwise restrict a decision or determination by any Executive agency to sell, dispose of, declare excess or surplus, lease, reuse or redevelop any Federal real property pursuant to— “(A) title 40 of the United States Code; “(B) the Federal Assets Sale and Transfer Act of 2016 [ Pub. L. 114–287 ] ( 40 U.S.C. 1303 note); or “(C) any other law governing real property activities of the Federal Government.”

Pub. L. 115–141, div. P, title VI, § 608(b), (c), Mar. 23, 2018, 132 Stat. 1106, provided that:

“(b) Public Comment.— “(1) In general .— Not later than 60 days after the date of enactment of this Act [ Mar. 23, 2018 ], the Administrator of General Services shall issue a notice for public comment regarding the inclusion of a communications facility installation under section 21 of the Federal Assets Sale and Transfer Act of 2016 [ Pub. L. 114–287 ] ( 40 U.S.C. 1303 note), as amended by subsection (a) of this section. “(2) Contents .— In seeking public comment under paragraph (1), the Administrator shall include a request for recommendations on— “(A) the criteria that make Federal real property capable of supporting communications facility installations; “(B) the types of information related to the Federal real property that should be included in the database; and “(C) other matters that the Administrator determines necessary. “(c) Provision of Information.— “(1) In general .— Not later than 90 days after the period for public comment under subsection (b)(1) ends, the Administrator of General Services shall notify the head of each Executive agency of the manner and format for submitting such information as the Administrator determines appropriate to the database established under section 21 of the Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 note), as amended by subsection (a) of this section. “(2) Submission .— Not later than 90 days after the date of the notification under paragraph (1), the head of an Executive agency shall submit the information required under paragraph (1).”

Pub. L. 114–287, Dec. 16, 2016, 130 Stat. 1463, as amended by Pub. L. 114–318, § 7(b), (d), Dec. 16, 2016, 130 Stat. 1616, 1617; Pub. L. 115–141, div. E, title V, § 527, div. P, title VI, § 608(a), Mar. 23, 2018, 132 Stat. 573, 1105; Pub. L. 115–437, § 1, Jan. 14, 2019, 132 Stat. 5563; Pub. L. 115–438, § 1, Jan. 14, 2019, 132 Stat. 5564; Pub. L. 118–272, div. B, title III, § 2301, Jan. 4, 2025, 138 Stat. 3214, provided that:

“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 .— [Omitted.] “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; “(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(f), associated with the transactions included in Board recommendations. “SEC. 4. BOARD. “(a) Establishment .— There is established an independent board to be known as the Public Buildings Reform Board. “(b) Duties .— The Board shall carry out the duties as specified in this Act. “(c) Membership.— “(1) In general .— The Board shall be composed of a Chairperson appointed by the President, by and with the advice and consent of the Senate, and 6 members appointed by the President. “(2) Appointments .— In selecting individuals for appointments to the Board, the President shall appoint members in the following manner: “(A) Two members recommended by the Speaker of the House of Representatives. “(B) Two members recommended by the majority leader of the Senate. “(C) One member recommended by the minority leader of the House of Representatives. “(D) One member recommended by the minority leader of the Senate. “(3) Terms.— “(A) In general .— Subject to subparagraph (B), the term for each member of the Board shall be 6 years. “(B) Limitation .— Notwithstanding subparagraph (A), the term of a member of the Board shall continue beyond 6 years until such time as the President appoints a replacement member of the Board. “(4) Vacancies .— Vacancies shall be filled in the same manner as the original appointment. “(5) Qualifications .— In selecting individuals for appointment to the Board, the President shall ensure that the Board contains individuals with expertise representative of the following: “(A) Commercial real estate and redevelopment. “(B) Space optimization and utilization. “(C) Community development, including transportation and planning. “SEC. 5. BOARD MEETINGS. “(a) Open Meetings .— Each meeting of the Board, other than meetings in which classified information is to be discussed, shall be open to the public. Any open meeting shall be announced in the Federal Register and the Federal Web site established by the Board at least 14 calendar days in advance of a meeting. For all public meetings, the Board shall release an agenda and a listing of materials relevant to the topics to be discussed. “(b) Quorum and Meetings .— 4 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 [now Committee on Oversight and Accountability] of the House of Representatives; “(3) the Committee on Homeland Security and Governmental Affairs of the Senate; “(4) the Committee on Environment and Public Works of the Senate; and “(5) the Committees on Appropriations of the House of Representatives and the Senate. “(d) Government Accountability Office .— All proceedings, information, and deliberations of the Board shall be open, upon request, to the Comptroller General of the United States. “SEC. 6. COMPENSATION AND TRAVEL EXPENSES. “(a) Compensation.— “(1) Rate of pay for members .— Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 , United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Board. “(2) Rate of pay for chairperson .— The Chairperson shall be paid for each day referred to in paragraph (1) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5 , United States Code. “(b) Travel .— Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. “SEC. 7. EXECUTIVE DIRECTOR. “(a) Appointment .— The Board shall appoint an Executive Director, who may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. “(b) Rate of Pay .— The Executive Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 , United States Code. “(c) Return to Civil Service .— An Executive Director selected from the civil service (as defined in section 2101 of title 5 , United States Code) shall be entitled to return to the civil service (as so defined) after service to the Board ends if the service of the Executive Director 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, 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 use 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. “(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. 9. CONTRACTING AUTHORITY. “(a) Experts and Consultants .— The Board, to the extent practicable and subject to appropriations Acts, shall use contracts, including nonappropriated contracts, entered into by the Administrator for services necessary to carry out the duties of the Board. “(b) Office Space .— The Administrator, in consultation with the Board, shall identify and provide, without charge, suitable office space within the existing Federal space inventory to house the operations of the Board. “(c) Personal Property .— The Board shall use personal property already in the custody and control of the Administrator. “SEC. 10. TERMINATION. “The Board shall cease operations and terminate 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, 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, number of Federal employees physically reporting to the respective property each work day, square footage (including gross, rentable, and usable), amount of acreage associated with the respective property, and whether the respective 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 Federal agency plans to consolidate, reconfigure, or otherwise reduce the use of owned and leased Federal civilian real property of the Federal agency. “(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, including access by members of federally recognized Indian Tribes, 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. “(e) Disclosure of Information.— “(1) In general .— Except as provided in paragraph (2), the Board may not publicly disclose any information received under paragraph (2) or (3) of subsection (a) until the Board, the Administrator, and the Director of OMB enter into an agreement describing what information is ready to be publicly disclosed. “(2) Application .— Paragraph (1) shall not apply to any disclosure of information to the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives. “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. 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. “(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 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. “(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, Tribal, and local officials and the private sector. “(2) Consultation .— The Board shall consult with State, Tribal, 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. “(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. “(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. “(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; “(B) 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 “(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 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). “(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. “(4) Community notification .— 45 days before the date on which the Board transmits the third report required under paragraph (1), the Board shall notify— “(A) 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 “(B) any federally recognized Indian Tribe of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property that— “(i) is in close geographic proximity to a property described in section 3(5)(B)(v); or “(ii) 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. “(i) Federal Web Site .— The Board shall establish and maintain a Federal Web site for the purposes of making relevant information publicly available. “(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 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. “SEC. 13. REVIEW BY OMB. “(a) Review of Recommendations .— Upon receipt of the Board’s recommendations pursuant to 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 recommendations to Congress, together with a certification of such approval. “(d) Termination of Process for Given Round .— If the Director of OMB does not transmit to Congress an approval and certification described in paragraph (1) or (4) of subsection (c) on or before the 30th day following the receipt of the Board’s recommendations or revised recommendations, as the case may be, the process shall terminate until the following round, as described in section 12. “SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS. “(a) Deadlines.— “(1) Preparation .— Federal agencies shall— “(A) not later than 60 days after the Director of OMB transmits the Board’s recommendations to Congress pursuant to paragraph (1) or (4) of section 13(c), immediately begin preparations to carry out the Board’s recommendations; and “(B) not later than 2 years after such transmittal, initiate all activities necessary to carry out the Board’s recommendations. “(2) Completion .— Not later than 6 years after the Director of OMB transmits the Board’s recommendations to Congress pursuant to paragraph (1) or (4) of section 13(c), Federal agencies shall complete all recommended actions. All actions shall be economically beneficial, cost neutral, or otherwise favorable to the Government. “(3) Extenuating circumstances .— For actions that will take longer than the 6-year period described in paragraph (2) due to extenuating circumstances, Federal agencies shall notify the Director of OMB and Congress, as soon as the extenuating circumstance presents itself, with an estimated time to complete the relevant action. “(b) Actions of Federal Agencies Related to Civilian Real Properties .— In taking actions related to any civilian real property under this Act, Federal agencies may take, pursuant to subsection (c), all such necessary and proper actions, including— “(1) acquiring land, constructing replacement facilities, performing such other activities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; “(2) reimbursing other Federal agencies for actions performed at the request of the Board; and “(3) taking such actions as are practicable to maximize the value of Federal civilian real property to be sold by clarifying zoning and other limitations on use of such property. “(c) Actions of Federal Agencies To Implement Board Recommendations.— “(1) Use of existing legal authorities.— “(A) In general .— Except as provided in paragraph (2), when acting on a recommendation of the Board, a Federal agency shall— “(i) in consultation with the Administrator, continue to act within the Federal agency’s existing legal authorities, including legal authorities delegated to the Federal agency by the Administrator; or “(ii) work in partnership with the Administrator to carry out such actions. “(B) Necessary and proper actions .— The Administrator may take such necessary and proper actions, including the sale, conveyance, or exchange of civilian real property, as required to implement the Board’s recommendations in the time period required under subsection (a). “(2) Experts .— A Federal agency may enter into no cost, nonappropriated contracts for expert commercial real estate services to carry out the Federal agency’s responsibilities pursuant to the recommendations. “(d) Discretion of Administrator Regarding Transactions .— For any transaction identified, recommended, or commenced as a result of this Act, any otherwise required legal priority given to, or requirement to enter into, a transaction to convey a Federal civilian real property for less than fair market value, for no consideration at all, or in a transaction that mandates the exclusion of other market participants, shall be at the discretion of the Administrator. “(e) Relationship to Other Laws .— Any recommendation or commencement of a sale, disposal, consolidation, reconfiguration, co-location, or realignment of civilian real property under this Act shall not be subject to— “(1) section 545(b)(8) of title 40 , United States Code; “(2) sections 550, 553, and 554 of title 40, United States Code; “(3) any section of the Act entitled ‘An Act Authorizing the transfer of certain real property for wildlife, or other purposes’ ( 16 U.S.C. 667b ); “(4) section 47151 of title 49 , United States Code; “(5) sections 107 and 317 of title 23, United States Code; “(6) section 1304(b) of title 40 , United States Code; “(7) section 13(d) of the Surplus Property Act of 1944 [ act Oct. 3, 1944, ch. 479 ] (50 U.S.C. App. 1622(d) [now 40 U.S.C. 545 note]); “(8) any other provision of law authorizing the conveyance of real property owned by the Government for no consideration; and “(9) any congressional notification requirement other than that in section 545 of title 40 , United States Code. “(f) Public Benefit.— “(1) Submission of information to hud .— The Director of OMB shall submit to the Secretary of HUD, on the same day the Director of OMB submits the Board’s recommendations to Congress pursuant to paragraphs (1) and (4) of section 13(c), all known information on Federal civilian real properties that are included in the recommendations (except those recommended under section 12(b)). “(2) HUD to report to board .— Not later than 30 days after the submission of information on Federal properties under paragraph (1), the Secretary shall identify any suitable civilian real properties for use as a property benefiting the mission of assistance to the homeless for the purposes of further screening pursuant to section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ). “(3) Additional authority .— Following the review under paragraph (2), with respect to a civilian real property that is not identified by the Secretary as suitable for use as a property benefiting the mission of assistance to the homeless and that has been recommended for sale by the Board, the Director of OMB may exclude the property from the Board’s recommendations if the Director determines that the property is suitable for use as a public park or recreation area by a State or local government and it is in the best interest of taxpayers. “(g) Environmental Considerations.— “(1) Transfers of real property.— “(A) In general .— When implementing the recommended actions for civilian real properties that have been identified in the Board’s report, as specified in section 12(h), and subject to paragraph (2) and in compliance with CERCLA, including section 120(h) of CERCLA ( 42 U.S.C. 9620(h) ), Federal agencies may enter into an agreement to transfer by deed, pursuant to section 120(h)(3) of that Act ( 42 U.S.C. 9620(h)(3) ), civilian real property with any person. “(B) Additional terms and conditions .— The head of the disposing agency may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the head of the disposing agency considers appropriate to protect the interests of the United States. Such additional terms and conditions shall not affect or diminish any rights or obligations of the Federal agencies under section 120(h) of CERCLA (including, without limitation, the requirements of subsections (h)(3)(A) and (h)(3)(C)(iv) of that section). “(2) Certification concerning costs .— A transfer of Federal civilian real property may be made under paragraph (1) only if the head of the disposing agency certifies to the Board and Congress that— “(A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the disposing agency with respect to the property are equal to or greater than the fair market value of the property to be transferred, as determined by the head of the disposing agency; or “(B) if such costs are lower than the fair market value of the property, the recipient of the property agrees to pay the difference between the fair market value and such costs. “(3) Payments to recipients .— In the case of a civilian real property covered by a certification under paragraph (2)(A), the disposing agency may pay the recipient of such property an amount equal to the lesser of— “(A) the amount by which the costs incurred by the recipient of such property for all environmental restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as specified in such certification; or “(B) the amount by which the costs (as determined by the head of the disposing agency) that would otherwise have been incurred by the Secretary for such restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as so specified. “(4) Information to be provided to recipients .— As part of an agreement under paragraph (1), the head of the disposing agency shall disclose, in accordance with applicable law, to the person to whom the civilian real property will be transferred information possessed by the disposing agency regarding the environmental restoration, waste management, and environmental compliance activities that relate to the property. The head of the disposing agency shall provide such information before entering into the agreement. “(5) Consideration of environmental remediation in granting time extensions .— For the purposes of granting time extensions under subsection (a), the Director of OMB shall give the need for significant environmental remediation to a civilian real property more weight than any other factor in determining whether to grant an extension to implement a Board recommendation. “(6) Limitation on statutory construction .— Nothing in this Act may be construed to modify, alter, or amend CERCLA, the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 et seq.], or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.). “SEC. 15. AUTHORIZATION OF APPROPRIATIONS. “There is authorized to be appropriated to carry out this Act an initial appropriation of— “(1) $2,000,000 for salaries and expenses of the Board; and “(2) $40,000,000 to be deposited into the Asset Proceeds and Space Management Fund for activities related to the implementation of the Board’s recommendations. “SEC. 16. FUNDING. “(a) Salaries and Expenses Account.— “(1) Establishment .— There is established in the Treasury of the United States an account to be known as the ‘Public Buildings Reform Board Salaries and Expenses Account’ (in this subsection referred to as the ‘Account’). The Account shall be under the custody and control of the Chairperson of the Board and deposits in the Account shall remain available until expended. “(2) Necessary payments .— There shall be deposited into the Account such amounts, as are provided in appropriations Acts, for those necessary payments for salaries and expenses to accomplish the administrative needs of the Board. “(b) Asset Proceeds and Space Management Fund.— “(1) Establishment .— There is established in the Treasury of the United States an account to be known as the ‘Public Buildings Reform Board—Asset Proceeds and Space Management Fund’ (in this subsection referred to as the ‘Fund’). The Fund shall be under the custody and control of the Administrator and deposits in the Fund shall remain available until expended. “(2) Use of amounts .— Amounts in the Fund shall be used solely for the purposes of carrying out actions pursuant to the Board recommendations approved under section 13. “(3) Deposits .— The following amounts shall be deposited into the Fund and made available for obligation or expenditure only as provided in advance in appropriations Acts (subject to section 3307 of title 40 , United States Code, to the extent an appropriation normally covered by that section exceeds $20,000,000) for the purposes specified: “(A) Such amounts as are provided in appropriations Acts, to remain available until expended, for the consolidation, co-location, exchange, redevelopment, reconfiguration of space, disposal, and other actions recommended by the Board for Federal agencies. “(B) Amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the Board. “(4) Use of amounts to cover costs .— As provided in appropriations Acts, amounts in the Fund may be made available to cover necessary costs associated with implementing the recommendations pursuant to section 14, including costs associated with— “(A) sales transactions; “(B) acquiring land, construction, constructing replacement facilities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; “(C) co-location, redevelopment, disposal, and reconfiguration of space; and “(D) other actions recommended by the Board for Federal agencies. “(c) Additional Requirement for Budget Contents .— The President shall transmit along with the President’s budget submitted pursuant to section 1105 of title 31 , United States Code, an estimate of proceeds that are the result of the Board’s recommendations and the obligations and expenditures needed to support such recommendations. “SEC. 17. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS. [Amended section 3307 of this title .] “SEC. 18. PRECLUSION OF JUDICIAL REVIEW. “The following actions shall not be subject to judicial review: “(1) Actions taken pursuant to sections 12 and 13. “(2) Actions of the Board. “SEC. 19. IMPLEMENTATION REVIEW BY GAO. “Upon transmittal of the Board’s recommendations from the Director of OMB to Congress under section 13, the Comptroller General of the United States at least annually shall monitor and review the implementation activities of Federal agencies pursuant to section 14, and report to Congress any findings and recommendations. “SEC. 20. AGENCY RETENTION OF PROCEEDS. “(a) In General .— [Amended section 571 of this title .] “(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 that report; and “(2) any transactions conducted after the date on which the Board terminates under section 10. “SEC. 21. FEDERAL REAL PROPERTY DATABASE. “(a) Database Required .— Not later than 1 year after the date of enactment of this section [ Dec. 16, 2016 ], the Administrator 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 [each such] 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) (A) Whether the Federal real property is on a campus or similar facility; and “(B) if applicable, identification of the campus or facility and related details, including total acreage of the campus or facility. “(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. 22. STREAMLINING MCKINNEY-VENTO HOMELESS ASSISTANCE ACT. [Amended section 11411 of Title 42 , The Public Health and Welfare.] “SEC. 23. ADDITIONAL PROPERTY. [Amended section 549 of this title .] “SEC. 24. SALE OF 12TH AND INDEPENDENCE. “(a) Definition .— In this section, the term ‘property’ means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326 and a portion of Square 351 and generally bounded by 12th Street, Independence Avenue, C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto. “(b) Sale .— Not later than December 31, 2018 , the Administrator shall sell the property at fair market value at highest and best use. “(c) Requirement .— Notwithstanding any other provision of law, the sale of the property by the Administrator shall ensure continuity of security measures, parking access, and infrastructure requirements of the James Forrestal Building while it is occupied by the Department of Energy. “(d) Net Proceeds .— Any net proceeds received shall be paid into an account in the Federal Buildings Fund established under section 592 of title 40 , United States Code. Upon deposit, the net proceeds from the sale may be expended only subject to a specific future appropriation. “SEC. 25. SALE OF COTTON ANNEX. “(a) Definition .— In this section, the term ‘property’ means property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Square 326 south of C Street, all in Southwest Washington, District of Columbia, including the building known as the Cotton Annex. “(b) Sale .— Not later than December 31, 2018 , the Administrator shall sell the property at fair market value at highest and best use. “(c) Net Proceeds .— Any net proceeds received shall be paid into an account in the Federal Buildings Fund established under section 592 of title 40 , United States Code. Upon deposit, the net proceeds from the sale may be expended only subject to a specific future appropriation. “SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL MEETINGS AND REPORTS. “(a) In General .— The Federal Real Property Council established by subsection (a) of section 623 of title 40 , United States Code, shall ensure that the Board has access to any meetings of the Federal Real Property Council and any reports required under that section, subject to the condition that the Board enters into a memorandum of understanding relating to public disclosure with the Administrator and the Federal Real Property Council before the Board has access to those meetings and reports. “(b) Notification .— The Board shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives if the Administrator and the Federal Real Property Council described in subsection (a) have not entered into a memorandum of understanding pursuant to that subsection by the date that is 60 days after the date of enactment of this section [ Jan. 4, 2025 ], and every 60 days thereafter until the memorandum of understanding is entered into.”

[Amendment by Pub. L. 114–318 to Pub. L. 114–287, set out above, effective immediately after the enactment of Pub. L. 114–287, see section 7(e) of Pub. L. 114–318, set out as an Effective Date of 2016 Amendment note under section 571 of this title.]