[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1734

    To decrease the deficit by realigning, consolidating, selling, 
disposing, and improving the efficiency of Federal buildings and other 
            civilian real property, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2011

  Mr. Denham introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on Oversight and Government Reform and Rules, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To decrease the deficit by realigning, consolidating, selling, 
disposing, and improving the efficiency of Federal buildings and other 
            civilian real property, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civilian Property Realignment Act'' 
or ``CPRA''.

SEC. 2. PURPOSE.

    The purposes of this Act are to--
            (1) consolidate the footprint of Federal buildings and 
        facilities;
            (2) maximize the utilization rate of Federal buildings and 
        facilities;
            (3) reduce the reliance on costly leased space;
            (4) sell or redevelop high value assets that are 
        underutilized to obtain the highest and best value for the 
        taxpayer;
            (5) reduce the operating and maintenance costs of Federal 
        civilian real properties through the realignment of other real 
        properties through consolidating, co-locating, and 
        reconfiguring space, and other operational efficiencies;
            (6) reduce redundancy, overlap, and costs associated with 
        field offices;
            (7) create incentives for federal agencies to achieve 
        greater efficiency in their inventories of civilian real 
        property by enabling agencies to retain and reinvest savings 
        and sale proceeds;
            (8) facilitate and expedite the sale or disposal of 
        unneeded civilian properties; and
            (9) assist federal agencies in achieving the Government's 
        sustainability goals by reducing excess space, inventory, and 
        energy consumption, as well as by leveraging new technologies.

SEC. 3. DEFINITIONS.

    As used in this Act--
     (a) Federal Civilian Real Property and Civilian Real Property.--
            (1) Property.--The terms ``Federal civilian real property'' 
        and ``civilian real property'' refer to Federal real property 
        assets, including Federal buildings as defined in section 3301 
        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.
            (2) Further exclusions.--Subsection (a)(1) shall not be 
        construed as including any of the following types of property:
                    (A) Military installations as defined in Section 
                2910 of the Defense Base Closure and Realignment Act of 
                1990.
                    (B) Properties that are excluded for reasons of 
                national security by the Director of the Office of 
                Management and Budget.
                    (C) Properties that are excepted from the 
                definition of ``property'' under section 102(9) of 
                title 40, United States Code.
    (b) 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.
    (c) Administrator.--The term ``Administrator'' means the 
Administrator of General Services.
    (d) Commission.--The term ``Commission'' means the Civilian 
Property Realignment Commission.

SEC. 4. COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the Civilian Property Realignment Commission, referred 
to in this Act as the ``Commission''.
    (b) Duties.--The Commission shall carry out the duties as specified 
in this Act.
    (c) Membership.--
            (1) The Commission shall be composed of nine members 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) In selecting individuals for nominations for 
        appointments to the Commission, the President shall consult 
        with--
                    (A) the Speaker of the House of Representatives 
                concerning the appointment of two members;
                    (B) the majority leader of the Senate concerning 
                the appointment of two members;
                    (C) the minority leader of the House of 
                Representatives concerning the appointment of one 
                member; and
                    (D) the minority leader of the Senate concerning 
                the appointment of one member.
            (3) Chairperson.--The President shall designate one such 
        individual to serve as chairperson of the Commission.
            (4) Terms.--The term for each member of the Commission 
        shall be six years.
            (5) Vacancies.--Vacancies shall be filled in the same 
        manner as the original appointment.
            (6) Qualifications.--In selecting individuals for 
        appointment to the Commission, the President shall ensure the 
        Commission contains individuals with expertise representative 
        of the following:
                    (A) Commercial real estate and redevelopment.
                    (B) Government management or operations.
                    (C) Community development.

SEC. 5. COMMISSION MEETINGS.

    (a) Open Meetings.--Each meeting of the Commission, 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 website established by the Commission at least 
14 calendar days in advance. For all public meetings, the Commission 
shall release an agenda and a listing of materials relevant to the 
topics discussed.
    (b) Transparency of Information.--All the proceedings, information, 
and deliberations of the Commission shall be open, upon request, to the 
chairman and the ranking minority party member, and their respective 
subcommittee chairman and ranking minority party member, of--
            (1) the Committee on Transportation and Infrastructure of 
        the House of Representatives;
            (2) the Committee on Oversight and Government Reform of the 
        House of Representatives;
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (4) the Committee on Environmental and Public Works of the 
        Senate.
    (c) Government Accountability Office.--All the proceedings, 
information, and deliberations of the Commission shall be open, upon 
request, to the Comptroller General of the United States.

SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--
            (1) 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 
        Commission.
            (2) 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) The Commission shall appoint an Executive Director.
    (b) 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.

SEC. 8. STAFF.

    (a) Subject to subsection (b), the Executive Director, with the 
approval of the Commission, may appoint and fix the pay of additional 
personnel.
    (b) The Executive Director may make such appointments without 
regarding to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and any personnel so appointed 
may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to classification 
and General Schedule pay rates, except that an individual so appointed 
may not receive pay in excess of GS-15 of the General Schedule.
    (c) Upon request of the Executive Director, the head of any Federal 
department or agency may detail any of the personnel of that department 
or agency to the Commission to assist the Commission in carrying out 
its duties under this Act.
    (d) The Comptroller General of the United States may provide 
assistance, including the detailing of employees, to the Commission in 
accordance with an agreement entered into with the Commission.

SEC. 9. CONTRACTING AUTHORITY.

    (a) The Commission may procure by contract, to the extent funds are 
available, the temporary or intermittent services of experts and 
consultants pursuant to section 3109 of title 5, United States Code.
    (b) The Commission may lease space and acquire personal property to 
the extent funds are available.

SEC. 10. TERMINATION.

    The Commission shall cease operations and terminate six years from 
the date of enactment of this Act.

SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE COMMISSION.

    (a) Not later than 120 days of enactment of this Act and 120 days 
following the beginning of each fiscal year thereafter, federal 
agencies shall submit to the Administrator and the chairperson of the 
Federal Real Property Council, established pursuant to Executive Order 
13327:
            (1) Current data of all Federal civilian real properties 
        owned, leased or controlled by the respective agency, included 
        all relevant information prescribed by the Administrator and 
        the chairperson of the Federal Real Property Council.
            (2) Recommendations which shall include:
                    (A) Federal civilian properties that can be sold 
                for proceeds and otherwise disposed of, transferred, 
                exchanged, consolidated, co-located, reconfigured, or 
                redeveloped, so as to reduce the civilian real property 
                inventory, reduce the operating costs of the Federal 
                Government, and create the highest value for the 
                taxpayer.
                    (B) Operational efficiencies that the Federal 
                Government can realize in its operation and maintenance 
                of Federal civilian real properties.
    (b) The Administrator, in consultation with the chairperson of the 
Federal Real Property Council shall, not later than 60 days following 
the date specified in subsection (a), review recommendations submitted 
pursuant to subsection (a), develop standards and criteria and develop 
recommendations based on those standards and criteria. In developing 
the standards and criteria, the Administrator, in consultation with the 
chairperson of the Federal Real Property Council shall incorporate the 
following principles:
            (1) The extent to which a Federal building or facility 
        aligns with the current mission of the federal agency.
            (2) The extent to which there are opportunities to 
        consolidate similar operations across multiple agencies or 
        within agencies.
            (3) The extent and timing of potential costs and savings, 
        including the number of years, beginning with the date of 
        completion of the proposed recommendation.
            (4) The economic impact on existing communities in the 
        vicinity of the Federal building or facility.
            (5) The extent to which the utilization rate is being 
        maximized and is consistent with non-governmental industry 
        standards for the given function or operation.
            (6) The extent to which reliance on leasing for long-term 
        space needs is reduced.
            (7) The extent to which the Federal building or facility 
        could be redeveloped or otherwise used to produce the highest 
        and best value for the taxpayer.
            (8) The extent to which the operating and maintenance costs 
        are reduced through consolidating, co-locating, and 
        reconfiguring space, and through realizing other operational 
        efficiencies.
            (9) The extent to which energy consumption is reduced.
    (c) Submission to the Commission.--
            (1) The standards, criteria, and recommendations developed 
        pursuant to subsection (b) shall be submitted to the Commission 
        with all supporting information, data, analyses, and 
        documentation.
            (2) The standards, criteria, and recommendations shall be 
        published in the Federal Register and transmitted to the 
        committees designated in section 5(b) of this Act and to the 
        Comptroller General of the United States.
            (3) The Commission shall also have access to all 
        information pertaining to the recommendations, including 
        supporting information, data, analyses, and documentation 
        submitted pursuant to subsection (a).

SEC. 12. COMMISSION DUTIES.

    (a) Identification of Property Reduction Opportunities.--The 
Commission shall identify opportunities for the Government to reduce 
significantly its inventory of civilian real property and reduce costs 
to the Federal Government.
    (b) Analysis of Inventory.--The Commission shall perform an 
independent analysis of the inventory of Federal civilian real property 
and the recommendations submitted pursuant to section 11.
    (c) Public Hearing.--After performing an independent analysis and 
reviewing the recommendations, the Commission shall conduct public 
hearings. All testimony before the Commission at a public hearing under 
this paragraph shall be presented under oath.
    (d) Reporting of Information and Recommendations.--
            (1) In general.--Not later than 120 days after the receipt 
        of recommendations pursuant to section 11, and biennially 
        thereafter, the Commission shall, at a minimum, transmit to the 
        President, and publicly post on a Federal website maintained by 
        the Commission a report containing the Commission's findings, 
        conclusions, and recommendations for the consolidation, 
        exchange, co-location, reconfiguration, lease reductions, sale, 
        and redevelopment of Federal civilian real properties and for 
        other operational efficiencies that can be realized in the 
        Government's operation and maintenance of such properties.
            (2) Consensus in majority.--The Commission shall seek to 
        develop consensus recommendations, but if consensus cannot be 
        obtained, the Commission may include in its report 
        recommendations that are supported by a majority of the 
        Commission.
    (e) Federal Website.--The Commission shall establish and maintain a 
Federal website for the purposes of making relevant information 
publically available.
    (f) Review by GAO.--The Comptroller General of the United States 
shall--
            (1) assist the Commission, to the extent requested, in the 
        Commission's review and analysis of the recommendations 
        submitted to the Commission under section 11; and
            (2) transmit to the Congress and to the Commission a report 
        containing a detailed analysis of the recommendations and 
        selection process.

SEC. 13. REVIEW BY THE PRESIDENT.

    (a) Review of Recommendations.--Upon receipt of the Commission's 
recommendations, the President shall conduct a review of such 
recommendations.
    (b) Report to Commission and Congress.--Not later than 30 days 
after receipt of the Commission's recommendations, the President shall 
transmit to the Commission and Congress a report that sets forth the 
President's approval or disapproval of the Commission's 
recommendations:
            (1) If the President approves of the Commission's 
        recommendations, the President shall transmit a copy of the 
        recommendations to Congress, together with a certification of 
        such approval.
            (2) If the President disapproves of the Commission's 
        recommendations, in whole or in part, the President shall also 
        transmit to the Commission and Congress the reasons for such 
        disapproval. The Commission shall then transmit to the 
        President, not later than 30 days following the disapproval, a 
        revised list of recommendations.
            (3) If the President approves all of the revised 
        recommendations of the Commission, the President shall transmit 
        a copy of such revised recommendations to Congress, together 
        with a certification of such approval.
            (4) If the President does not transmit to the Congress an 
        approval and certification described in paragraphs (1) or (3) 
        within 30 days of receipt of the Commission's recommendations 
        or revised recommendations, as the case may be, the process 
        shall terminate until the following year.

SEC. 14. CONGRESSIONAL CONSIDERATION OF THE RECOMMENDATIONS.

    (a) Resolution of Disapproval.--Not later than 45 days after the 
date of the President's transmission to Congress of the approved 
recommendations pursuant to section 13, Congress may enact a joint 
resolution as described in subsection (c) to disapprove the Commission 
recommendations.
    (b) Computation of Time Period.--For the purposes of this section, 
the days on which either House of Congress is not in session because of 
adjournment of more than three days to a day certain shall be excluded 
in the computation of the period of time.
    (c) Terms of the Resolution.--For purposes of this section, the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
President transmits the recommendations to Congress under section 13, 
and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the recommendations of the 
        Civilian Property Realignment Commission as submitted by the 
        President on _________'', the blank space being filled in with 
        the appropriate date; and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Civilian Property 
        Realignment Commission''.
    (d) Referral.--A resolution described in subsection (c) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Transportation and Infrastructure in the House of 
Representatives. A resolution described in subsection (c) introduced in 
the Senate shall be referred to the Committee on the Environment and 
Public Works in the Senate.
    (e) Discharge.--If the committee to which a resolution described in 
subsection (c) is referred has not reported such a resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the President transmits the report to the Congress under 
section 13, such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (f) Consideration.--
            (1) On or after the third day after the date on which the 
        committee to which such resolution is referred has reported, or 
        has been discharged (under subsection (e)) from further 
        consideration of, such a resolution, it is in order (even 
        though a previous motion to the same effect has been disagreed 
        to) for any Member of the respective House to move to proceed 
        to the consideration of the resolution. A member may make the 
        motion only on the date after the calendar day on which the 
        Member announces to the House concerned the Member's intention 
        to make the motion, except that, in the case of the House of 
        Representatives, the motion may be made without such prior 
        announcement if the motion is made by direction of the 
        committee to which the resolution was referred. The motion is 
        highly privileged in the House of Representatives and is 
        privileged in the Senate and is not debatable. The motion is 
        not subject to amendment, or to a motion to postpone, or to a 
        motion to proceed to the consideration of other business. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to consideration of the joint resolution is agreed to, the 
        respective House shall immediately proceed to the consideration 
        of the joint resolution without intervening motion, order, or 
        other business, and the resolution shall remain the unfinished 
        business of the respective House until disposed of.
            (2) Debate on the resolution and on all debatable motions 
        and appeals in connection therewith, shall be limited to not 
        more than 2 hours, which shall be divided equally between those 
        favoring and those opposing the resolution. An amendment to the 
        resolution is not in order. A motion further to limit debate is 
        in order and not debatable. A motion to postpone, or a motion 
        to proceed to the consideration of other business, or a motion 
        to recommit the resolution is not in order. A motion to 
        reconsider the vote by which the resolution is agreed to or 
        disagreed is not in order.
            (3) Immediately following the conclusion of the debate on a 
        resolution described in subsection (c) and a single quorum call 
        at the conclusion of the debate if requested in accordance with 
        the rules of the appropriate House, the vote on final passage 
        of the resolution shall occur.
            (4) Appeals from the decisions of the Chair relating to the 
        application of the rules of the Senate or the House of 
        Representatives, as the case may be, to the procedure relating 
        to a resolution described in subsection (c) shall be decided 
        without debate.
    (g) Consideration by Other House.--
            (1) If, before the passage by one House of a resolution of 
        that House described in subsection (c), that House received 
        from the other House a resolution described in subsection (c), 
        then the following procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii).
                    (B) With respect to a resolution described in 
                subsection (c) of the House receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the other House.
            (2) Upon disposition of the resolution received from the 
        other House, it shall no longer be in order to consider the 
        resolution that originated in the receiving House.
    (h) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in this 
        section, and it supersedes other rules only to the extent that 
        it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    (i) Failure To Pass Resolution of Disapproval.--If Congress fails 
to pass such a joint resolution within 45 calendar days from the date 
of the President's transmission to Congress of the Commission's 
recommendations, the recommendations immediately gain legal force and 
shall be in effect and federal agencies shall implement and carry out 
all of the Commission's recommendations pursuant to section 15.

SEC. 15. IMPLEMENTATION OF COMMISSION RECOMMENDATIONS.

    (a) Upon the date specified in subsection 14(i), federal agencies 
shall immediately begin preparation to carry out the Commission's 
recommendations and shall initiate all activities no later than two 
years after the date on which the President transmits the 
recommendations to Congress. Agencies shall complete all recommended 
actions no later than the end of the six-year period beginning on the 
date on which the President transmits the Commission's recommendations 
to Congress. All actions are expected to be economically beneficial and 
be cost neutral or otherwise favorable to the Federal Government. For 
actions that will take longer than the six-year period due to 
extenuating circumstances, federal agencies shall notify the President 
and Congress as soon as the extenuating circumstance presents itself 
with an estimated time to complete the relevant action.
    (b) In taking actions related to any Federal building or facility 
under this Act, federal agencies may, pursuant to subsection (c), take 
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 property;
            (2) providing outplacement assistance to civilian employees 
        employed by any federal agency at a Federal property impacted 
        by such actions; and
            (3) reimbursing other federal agencies for actions 
        performed at the request of the Commission.
    (c) When acting on a recommendation of the Commission, a federal 
agency shall continue to act within their existing legal authorities, 
whether it has been delegated by the Administrator, or must work in 
partnership with the Administrator to carry out such actions. The 
Administrator may, notwithstanding any other provision of law, take 
such necessary and proper actions, including the sale, conveyance, or 
exchange of civilian real property, as required to implement the 
Commission recommendations in the time period required under subsection 
(a).
    (d) 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 Commission.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated in fiscal year 2012:
            (1) $23,000,000 for salaries and expenses of the 
        Commission; and
            (2) $65,000,000 to be deposited into the Asset Proceeds and 
        Space Management Fund for activities related to the 
        implementation of the Commission recommendations.

SEC. 17. FUNDING.

    (a) Creation of Salaries and Expenses Account.--There is hereby 
established on the books of the Treasury an account to be known as the 
``Civilian Property Realignment Commission--Salaries and Expenses'' 
account.
            (1) 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 Commission.
            (2) No appropriations.--If no amounts are appropriated for 
        the salaries and expenses of the Commission for a particular 
        fiscal year, the Director of the Office of Management and 
        Budget may support the Commission's activities under this Act 
        during such year if the Director of the Office of Management 
        and Budget approves either or both of the following actions:
                    (A) In consultation with the Administrator, a 
                transfer to the Commission of amounts from the 
                ``Civilian Property Realignment Commission--Asset 
                Proceeds and Space Management Fund'' within the Federal 
                Buildings Fund established under section 592 of title 
                40, United States Code.
                    (B) A transfer to the Commission of not more than 
                $8,000,000 from unobligated amounts in accounts of 
                Federal civilian property-holding agencies.
    (b) Creation of Asset Proceeds and Space Management Fund.--There is 
hereby established within the Federal Buildings Fund established under 
section 592 of title 40, United States Code, an account to be known as 
the ``Civilian Property Realignment Commission--Asset Proceeds and 
Space Management Fund'' which shall be solely used for the purposes of 
carrying out actions pursuant to the Commission recommendations 
approved under section 14. There shall be deposited into the account--
            (1) such amounts as are provided in appropriations Acts, to 
        remain available until expended, for the consolidation, co-
        location, exchange, redevelopment, re-configuration of space 
        and other actions recommended by the Commission for federal 
        agencies;
            (2) gross proceeds received from the proceeds of any 
        civilian real property action taken pursuant to a 
        recommendation of the Commission under section 15. The 
        Commission, with the consent of the Administrator, may 
        transfer, from the gross proceeds to a federal agency, amounts 
        necessary to cover costs associated with implementing the 
        recommendations pursuant to section 15; and
            (3) net proceeds (which are gross proceeds received from 
        the sale of any civilian real property pursuant to a 
        recommendation of the Commission, less the amounts transferred 
        from this account under section 17(a)(2)(A) and (b)(2) of this 
        Act, shall be divided between the General Fund of the Treasury, 
        federal agencies (for the purpose of real property management 
        reinvestment), and the Asset Proceeds and Space Management Fund 
        within the Federal Buildings Fund. On an annual basis, the 
        Director of the Office of Management and Budget, shall 
        determine how the net proceeds shall be distributed, through 
        transfer, between the General Fund, federal agencies, and the 
        Asset Proceeds and Space Management Fund, but in no case shall 
        the General Fund receive less than sixty percent of the net 
        proceeds. Such proceeds, as distributed by the Director of the 
        Office of Management and Budget to the Asset Proceeds and Space 
        Management Fund, shall, notwithstanding section 3307 of title 
        40, United States Code, remain available until expended to 
        carry out the duties specified under this Act. In implementing 
        the Commission recommendations, the Administrator, may, 
        notwithstanding section 3307 of title 40, United States Code, 
        transfer from the Space Management Fund, to a federal agency, 
        amounts--
                    (A) to cover the necessary costs associated with--
                            (i) consolidation, co-location, 
                        redevelopment, and reconfiguration actions; and
                            (ii) other actions taken to otherwise 
                        realize operational efficiencies, including 
                        such actions as environmental restoration; and
                    (B) for outplacement assistance to Federal 
                employees who work at a Federal property that is 
                affected by actions taken under this section, and whose 
                employment would be terminated as a result of such 
                disposal, consolidation, or other realignment.

SEC. 18. DISPOSAL OF REAL PROPERTIES.

    (a) Notwithstanding any other provision of law, any recommendation 
or commencement of a disposal or realignment of civilian real property 
shall not be subject to--
            (1) section 545(b)(8) of title 40, United States Code;
            (2) sections 550, 554, and 553 of title 40, United States 
        Code;
            (3) section 501 of the McKinney-Vento Homeless Assistance 
        Act (42 U.S.C. 11411);
            (4) section 667(b)-(d) of title 16, United States Code;
            (5) section 47151 of title 49, United States Code;
            (6) sections 107 and 317 of title 23, United States Code;
            (7) section 1304(b) of title 40, United States Code;
            (8) section 1622(d) of title 50, United States Code 
        Appended;
            (9) any other provision of law authorizing the conveyance 
        of real property owned by the Federal Government for no 
        consideration; and
            (10) any congressional notification requirement other than 
        that in section 545 of title 40, United States Code.
    (b) Nothing in subsection (a) shall be construed to modify, alter, 
or amend any other required environmental or historical review, 
recordkeeping, or notice requirements otherwise implicated in a 
conveyance of Federal civilian real property.
    (c) Public Benefit.--
            (1) For those properties that the Commission has determined 
        should be reviewed for potential use by the homeless or for any 
        of the other public benefits enumerated in subsection (a), the 
        Commission shall submit to the Secretary of Housing and Urban 
        Development (Secretary of HUD), on the same day it submits its 
        report to the President, any such information on the building 
        or property that concerns the decision regarding the civilian 
        property's disposal. Within 30 days the Secretary of HUD must 
        return to the Commission with a report summarizing a 
        determination of the suitability of the civilian real 
        properties recommended to be disposed as properties fit to help 
        the cause of homeless assistance.
            (2) Within 30 days of the Commission's submission to the 
        President and public release of the Commission's 
        recommendations, any representatives of the homeless proposing 
        interest in the use of property that the Commission has 
        determined should be reviewed for potential use by the homeless 
        or for any of the other public benefits enumerated in 
        subsection (a), may submit a notice of interest containing the 
        following to the Commission and to the Secretary of HUD:
                    (A) A description of the homeless assistance 
                program that the representative proposes to carry out 
                at the installation.
                    (B) An assessment of the need for the program.
                    (C) A description of the extent to which the 
                program is or will be coordinated with other homeless 
                assistance programs in the communities in the vicinity 
                of the installation.
                    (D) A description of the buildings and property 
                that are necessary in order to carry out the program.
                    (E) A description of the financial plan, the 
                organization, and the organizational capacity of the 
                representative to carry out the program.
                    (F) An assessment of the time required in order to 
                commence carrying out the program.
            (3) The Secretary of HUD shall review and certify 
        submissions from representatives of the homeless and submit to 
        the Commission an assessment of the validity and merits of the 
        notice of interest within 60 days from the date the Commission 
        submits its report to the President. In the case where more 
        than one notice of interest is entered for a property, the 
        Secretary shall indicate to the Commission which planned use of 
        the property for the homeless has more merit.
            (4) Within 30 days of the Commission's submission to the 
        President and public release of the Commission's 
        recommendations, any parties proposing interest in the property 
        that the Commission has determined should be reviewed for any 
        other public benefit programs enumerated in subsection (a), for 
        a use that is not homeless assistance, may submit a notice of 
        interest to the Commission and to the federal agency that is 
        otherwise tasked by law to review applications for the public 
        benefit conveyance program under which the party is applying. 
        The notice of interest must contain the information otherwise 
        required by the law creating the conveyance program.
            (5) Federal agencies that have been tasked with reviewing 
        application for public benefit conveyance programs, that 
        receive notices of interest with information pertaining to the 
        certification of the validity of a proposed public benefit 
        conveyance operating under one of the uses under subsection (a) 
        that are not homeless assistance, shall review and certify 
        submissions from parties proposing such future use for the 
        property and submit to the Commission an assessment of the 
        validity and merits of the information contained in the notice 
        of interest within 60 days from the date the Commission submits 
        its recommendations to the President. In the case where more 
        than one notice of interest is entered for a property, the 
        Secretary of the reviewing agency shall indicate to the 
        Commission which planned use of the property has more merit.
            (6) The Commission shall compile all information and 
        assessments regarding submitted notices of interest about 
        properties and, upon the moment that the recommendations gain 
        legal force after consideration by Congress, forward them to 
        the agencies that maintain custody and control over the 
        civilian real properties to be disposed for their consideration 
        in implementing the Commission's recommendations.
            (7) In the event a property reviewed by HUD is found to be 
        fit for use by the homeless and HUD has identified a 
        representative of the homeless whose notice of interest is 
        certified, or, in the event of more than one notice of interest 
        on the property, whose notice of interest is deemed to have the 
        most merit by HUD, the agency maintaining custody or control of 
        the property, in accordance with subsection (a), shall commence 
        conveyance of the property to that representative of the 
        homeless upon the recognition that the Commission's recommended 
        activity to convey the property for one of those uses in 
        subsection (a) has gained legal force. In the event a reviewed 
        property is found to be unfit for use by the homeless, or there 
        is no identified notice of interest on the property by a 
        representative of the homeless, the agency shall then look to 
        whether there are any parties that have expressed interest in 
        the property for one of those uses in subsection (a) that are 
        not homeless assistance and whether any Federal reviewing 
        agency has certified one of those uses. If so, the agency 
        maintaining custody or control of the property shall commence 
        conveyance of the property to that party that proposed the 
        certified use upon the recognition that the Commission's 
        recommended activity to convey the property for one of those 
        uses in subsection (a) has gained legal force. In the event 
        that more than one party that has expressed interest in the 
        property in this manner exists, the agency shall have the 
        discretion to choose among them.
            (8) In the event a property does not qualify for, or there 
        is no interest in a property reviewed for one of those uses in 
        subsection (a) upon the recognition that the Commission's 
        recommended activity to convey the property for one of those 
        uses in subsection (a) has gained legal force, the agency shall 
        have the discretion to choose among any other remaining ways to 
        implement the recommendation regarding the property.
    (d) Environmental Considerations.--
            (1) The provisions of the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions 
        of the President, the Commission, or any agency, in carrying 
        out any of the Commission's recommendations except--
                    (A) during the process of property disposal; and
                    (B) during the process of relocating functions from 
                a property being disposed of or realigned to another 
                property after the receiving property has been selected 
                but before the functions are relocated.
            (2) In applying the provisions of the National 
        Environmental Policy Act of 1969 to the processes referred to 
        in subsection (d)(1), the agencies do not have to consider--
                    (A) the need for closing or realigning the property 
                which has been recommended for closure or realignment 
                by the Commission;
                    (B) the need for transferring functions to another 
                Federal property; or
                    (C) any alternative path, not associated with an 
                environmental choice, to those recommended or selected.
            (3) A civil action for judicial review, with respect to any 
        requirement of the National Environmental Policy Act of 1969 to 
        the extent such Act is applicable under subsection (d)(2), of 
        any Act or failure to act by a federal agency during the 
        closing, realigning, or relocating of functions referred to in 
        subsection (d)(2), may not be brought more than 60 days after 
        the dates of such act or failure to act.
            (4) Agencies may dispose or realign property without regard 
        to any provision of law restricting the use of funds for 
        disposing or realigning Federal property included in any 
        appropriations or authorization Act.
            (5) Notwithstanding Section 120(h) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9620(h)), federal agencies may enter into an 
        agreement to transfer the deed real property with any person 
        who agrees to perform all environmental restoration, waste 
        management, and environmental compliance activities that are 
        required for the property or facilities under Federal and State 
        laws, administrative decisions, agreements (including schedules 
        and milestones), and concurrences. This type of transfer may 
        only happen if the head of the transferring agency can certify 
        to Congress that--
                    (A) the costs of all environmental restoration, 
                waste management, and environmental compliance 
                activities otherwise to be paid by the Secretary with 
                respect to the property or facilities are equal to or 
                greater than the fair market value of the property or 
                facilities to be transferred, as determined by the 
                Secretary; or
                    (B) if such costs are lower than the fair market 
                value of the property or facilities, the recipient of 
                the property or facilities agrees to pay the difference 
                between the fair market value and such costs.
            (6) In the case of property that may be transferred 
        pursuant to this Act, the Agency may pay the recipient of such 
        property or facilities an amount equal to the lesser of--
                    (A) the amount by which the costs incurred by the 
                recipient of such property or facilities for all 
                environmental restoration, waste management, and 
                environmental compliance activities with respect to 
                such property or facilities exceed the fair market 
                value of such property or facilities as specified in 
                such certification; or
                    (B) the amount by which the costs (as determined by 
                the Secretary) that would otherwise have been incurred 
                by the Secretary for such restoration, management, and 
                activities with respect to such property or facilities 
                exceed the fair market value of such property or 
                facilities as so specified.
            (7) As part of an agreement pursuant to this Act, the 
        Secretary shall disclose to the person to whom the property or 
        facilities will be transferred any information of the Agency 
        regarding the environmental restoration, waste management, and 
        environmental compliance activities described in this Act that 
        relate to the property or facilities. The Agency shall provide 
        such information before entering into the agreement.
    (e) Nothing in this subsection shall be construed to modify, alter, 
or amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

    (a) Section 3307(b) of title 40, United States Code is amended by:
            (1) striking ``;and'' at the end of paragraph (6) and 
        inserting ``;'';
            (2) striking ``.'' at the end of paragraph (7) and 
        inserting ``;''; and
            (3) adding at the end the following new paragraph:
            ``(8) a statement of how the proposed project is consistent 
        with section 11(b) of the Civilian Property Realignment Act.''.

SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES.

    Chapter 33 of title 40, United States Code, is amended by adding at 
the end the following new section:

``3317. LIMITATION ON LEASING AUTHORITY OF OTHER AGENCIES.

    ``(a) In General.--Notwithstanding any other provision of law, no 
executive agency may lease space for the purposes of a public building 
as defined under section 3301, except as provided under section 585 and 
the provisions of in this chapter.
    ``(b) Construction.--Nothing in this section shall be construed as 
creating new authority for executive agencies to enter into leases.''.

SEC. 21. IMPLEMENTATION REVIEW BY GAO.

    Upon the date specified in section 14(i), the Comptroller General 
of the United States shall at least annually monitor, review the 
implementation activities of federal agencies pursuant to section 15, 
and report to Congress any findings and recommendations.
                                 <all>