[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1503 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1503

    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 SENATE OF THE UNITED STATES

                             August 2, 2011

  Mr. Brown of Massachusetts introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 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. PURPOSES.

    The purposes of this Act are--
            (1) to consolidate the footprint of Federal buildings and 
        facilities;
            (2) to maximize the utilization rate of Federal buildings 
        and facilities;
            (3) to reduce the reliance on leased space;
            (4) to sell or redevelop high value assets that are 
        underutilized to obtain the highest and best value for the 
        taxpayer and maximize the return to the taxpayer;
            (5) to reduce the operating and maintenance costs of 
        Federal civilian real properties through the realignment of 
        real properties by consolidating, co-locating, and 
        reconfiguring space, and other operational efficiencies;
            (6) to reduce redundancy, overlap, and costs associated 
        with field offices;
            (7) to create incentives for Federal agencies to achieve 
        greater efficiency in their inventories of civilian real 
        property;
            (8) to facilitate and expedite the sale or disposal of 
        unneeded civilian properties; and
            (9) to 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.

    In this Act, unless otherwise expressly stated, the following 
definitions apply:
            (1) Federal civilian real property and civilian real 
        property.--
                    (A) 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.
                    (B) Further exclusions.--Subparagraph (A) shall not 
                be construed as including any of the following types of 
                property:
                            (i) Military installations as defined in 
                        section 2910 of the Defense Base Closure and 
                        Realignment Act of 1990.
                            (ii) Properties that are excluded for 
                        reasons of national security by the Director of 
                        the Office of Management and Budget.
                            (iii) Properties that are excepted from the 
                        definition of ``property'' under section 102(9) 
                        of title 40, United States Code.
                            (iv) Indian and Native Eskimo property held 
                        in trust by the Government as described in 
                        section 3301(a)(5)(C)(iii) of title 40, United 
                        States Code.
                            (v) 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.).
                            (vi) Postal properties owned by the United 
                        States Postal Service, except that the United 
                        State Postal Service shall submit to the 
                        Commission and the Commission shall consider, 
                        pursuant to section 11, postal properties 
                        suitable for co-location with other Federal 
                        agency field offices.
            (2) 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.
            (3) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (4) Commission.--The term ``Commission'' means the Civilian 
        Property Realignment Commission.
            (5) HUD.--The term ``HUD'' means the Department of Housing 
        and Urban Development.
            (6) OMB.--The term ``OMB'' means the Office of Management 
        and Budget.
            (7) Field office.--The term ``field office'' means any 
        Federal office that is not the Headquarters office location for 
        the Federal agency.

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) In general.--The Commission shall be composed of a 
        chairman 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 Commission, the President shall consult 
        with--
                    (A) the Speaker of the House of Representatives 
                concerning the appointment of 1 member;
                    (B) the majority leader of the Senate concerning 
                the appointment of 1 member;
                    (C) the minority leader of the House of 
                Representatives concerning the appointment of 1 member; 
                and
                    (D) the minority leader of the Senate concerning 
                the appointment of 1 member.
            (3) Terms.--The term for each member of the Commission 
        shall be 6 years.
            (4) Vacancies.--Vacancies shall be filled in the same 
        manner as the original appointment.
            (5) 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, including transportation 
                and planning.
                    (D) Historic preservation.

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 of a meeting. For all public meetings, the 
Commission shall release an agenda and a listing of materials relevant 
to the topics to be discussed.
    (b) Quorum and Meetings.--Seven Commission members shall constitute 
a quorum for the purposes of conducting business and 3 or more 
Commission members shall constitute a meeting of the Commission.
    (c) Transparency of Information.--All the proceedings, information, 
and deliberations of the Commission shall be open, upon request, to the 
chairperson and the ranking minority party member, and their respective 
subcommittee chairperson 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;
            (4) the Committee on Environmental 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 Commission 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 Commission.
            (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 Commission shall appoint an Executive 
Director and may disregard the provisions of title 5, United States 
Code, governing appointments in the competitive service.
    (b) Rate of Pay for Director.--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) Additional Personnel.--Subject to subsection (b), the Executive 
Director, with the approval of the Commission, may appoint and fix the 
pay of additional personnel.
    (b) Detail Employees From Other Agencies.--Upon request of the 
Executive Director, the head of any Federal agency may detail any of 
the personnel of that agency to the Commission to assist the Commission 
in carrying out its duties under this Act.
    (c) 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 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) Space.--The Administrator, in consultation with the Commission, 
shall identify suitable excess space within the Federal space inventory 
to house the operations of the Commission. If no such space is 
available, the Commission may, notwithstanding section 20, lease space 
to the extent funds are available.
    (c) Personal Property.--The Commission may acquire personal 
property to the extent funds are available.
    (d) Receipt and Sale of Property.--The Commission may take custody, 
control, and administrative jurisdiction over Federal property pursuant 
to section 12(b) and is authorized to sell such property for no less 
than fair market value.
    (e) Use of Small Businesses.--In exercising its authorities under 
this section and section 12, the Commission shall use, to the greatest 
extent possible, small businesses as defined by section 3 of the Small 
Business Act.

SEC. 10. TERMINATION.

    The Commission shall cease operations and terminate 6 years from 
the date of enactment of this Act.

SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE COMMISSION.

    (a) Submissions of Agency Information and Recommendations.--Not 
later than 120 days after the date of enactment of this Act and 90 days 
after the beginning of each fiscal year thereafter, the head of each 
Federal agency shall submit to the Administrator and the Director of 
the Office of Management and Budget the following:
            (1) Current data.--Current data of all Federal civilian 
        real properties owned, leased or controlled by the respective 
        agency, including all relevant information prescribed by the 
        Administrator and the Director of the Office of Management and 
        Budget, 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, square footage 
        (including gross, rentable, and usable).
            (2) Agency recommendations.--Recommendations which shall 
        include the following:
                    (A) Federal civilian properties that can be sold 
                for proceeds and otherwise disposed of, demolished, 
                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.
                    (B) Operational efficiencies that the Government 
                can realize in its operation and maintenance of Federal 
                civilian real properties.
                    (C) Opportunities to pursue enhanced use leasing in 
                underutilized buildings in an effort to realize highest 
                and best use for the taxpayers.
    (b) Standards and Criteria.--Not later than 60 days after the date 
specified in subsection (a), the Director of OMB, in consultation with 
the Administrator, shall review agency recommendations submitted 
pursuant to subsection (a), and develop consistent standards and 
criteria against which agency recommendations will be reviewed. The 
Director of OMB and the Administrator shall develop recommendations to 
the Commission based on those standards and criteria. In developing the 
standards and criteria, the Director of OMB, in consultation with the 
Administrator, shall incorporate the following:
            (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 and return 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) Special Rule for Utilization Rates.--Standards developed by the 
Director of OMB must incorporate and apply clear standard utilization 
rates consistent throughout each category of space and with 
nongovernment space utilization rates. To the extent utilization rates 
are exceeded by a given agency, the Director shall recommend 
realignment, co-location, consolidation, or other type of action to 
improve space utilization.
    (d) Submission to the Commission.--
            (1) In general.--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) Publication.--The standards, criteria, and 
        recommendations shall be published in the Federal Register and 
        transmitted to the committees designated in section 5(c) and to 
        the Comptroller General of the United States.
            (3) Access to information.--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). Upon 
        request, Federal agencies shall provide, the Commission any 
        additional information pertaining to its properties.

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 Government.
    (b) Identification of High Value Assets.--
            (1) Identification of certain properties.--Not later than 
        180 days after the date of enactment of this Act, the 
        Commission shall identify not less than 5 Federal 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 to 
        be sold and transmit the list to the President and Congress as 
        Commission recommendations and subject to the approval process 
        described in sections 13 and 14.
            (2) Information and data.--In order to meet the goal 
        established under paragraph (1), Federal agencies shall 
        provide, upon receipt, any and all information and data 
        regarding its properties to the Commission. The Commission 
        shall notify the committees listed under section 5(c) of any 
        failure by any agency to comply with a request of the 
        Commission.
            (3) Transfer.--Not later than 60 days after approval of the 
        Commission recommendations pursuant to paragraph (1), Federal 
        agencies with custody, control, or administrative jurisdiction 
        over the identified properties shall transfer custody, control, 
        and administrative jurisdiction to the Commission.
            (4) Sale.--Not later than 120 days after approval of 
        Commission recommendations pursuant to paragraph (1) and 
        notwithstanding any other provision of law (except as provided 
        in section 18(d)), the Commission shall sell the properties 
        described in paragraph (1) at fair market value at highest and 
        best use for cash at auction.
            (5) Proceeds.--The proceeds shall be distributed pursuant 
        to section 17.
    (c) 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. The 
Commission shall not be bound or limited by the recommendations 
submitted pursuant to section 11. If, in the opinion of the Commission, 
an agency fails to provide needed information, data or adequate 
recommendations that meet the standards and criteria, the Commission 
shall develop such recommendations as it considers appropriate based on 
existing data contained in the Federal Real Property Profile or other 
relevant information.
    (d) Receipt of Information and Proposals.--Notwithstanding any 
other provision of law, the Commission may receive and consider 
proposals, information, and other data submitted by State and local 
officials and the private sector. Such information shall be made 
publically available.
    (e) Accounting System.--Not later than 120 days after the date of 
enactment of this Act, the Commission 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 Commission's recommendations and 
determining the highest return to the taxpayer. In applying the 
accounting system, the Commission shall set a standard performance 
period.
    (f) 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.
    (g) Reporting of Information and Recommendations.--
            (1) In general.--Not later than 120 days after the receipt 
        of recommendations pursuant to section 11, and biannually 
        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 a consensus cannot be 
        obtained, the Commission may include in its report 
        recommendations that are supported by a majority of the 
        Commission.
    (h) Federal Website.--The Commission shall establish and maintain a 
Federal website for the purposes of making relevant information 
publically available.
    (i) Review by GAO.--The Comptroller General of the United States 
shall 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.
    (c) Approval or Disapproval.--If the President--
            (1) 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) 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) 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; or
            (4) 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) In general.--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.--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) Vote.--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 of decisions of the chair.--Appeals of 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) In general.--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) No committee referral.--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).
                    (B) Resolution procedure.--With respect to a 
                resolution described in subsection (c) of the House 
                receiving the resolution the procedure in that House 
                shall be the same as if no resolution had been received 
                from the other House, but the vote on final passage 
                shall be on the resolution of the other House.
            (2) No consideration.--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 after 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) Carrying Out Recommendations.--Upon the date specified in 
section 14(i), Federal agencies shall immediately begin preparation to 
carry out the Commission's recommendations and shall initiate all 
activities no later than 1 year after the date on which the President 
transmits the recommendations to Congress. Federal agencies shall 
complete all recommended actions no later than the end of the 3-year 
period beginning on the date on which the President transmits the 
Commission's recommendations to Congress. All actions shall be 
economically beneficial and be cost neutral or otherwise favorable to 
the Government. For actions that will take longer than the 3-year 
period due to extenuating circumstances, each Federal agency shall 
notify the President and Congress as soon as the extenuating 
circumstance presents itself with an estimated time to complete the 
relevant action.
    (b) Actions of Federal Agencies.--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 civilian 
        property;
            (2) providing outplacement assistance to civilian employees 
        employed by any Federal agency at a Federal civilian property 
        impacted by such actions; and
            (3) reimbursing other Federal agencies for actions 
        performed at the request of the Commission.
    (c) Necessary and Proper Actions.--When acting on a recommendation 
of the Commission, a Federal agency shall 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). The Administrator 
shall enter into and use commission-based contracts for real estate 
services to assist in carrying out property transactions required by 
the Commission's recommendations.
    (d) Discretion of Commission 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 Commission.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized a one-time appropriation to carry out this Act 
the following amounts:
            (1) $23,000,000 for salaries and expenses of the 
        Commission.
            (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 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 available to the 
                Administrator or the Director.
    (b) Creation of Asset Proceeds and Space Management Fund.--
            (1) Creation of 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 used solely for the 
        purposes of carrying out actions pursuant to the Commission 
        recommendations approved under section 14. Notwithstanding 
        section 3307 of title 40, United States Code, the following 
        amounts shall be deposited into the account and are hereby 
        appropriated and shall remain available until expended for the 
        following specified purposes:
                    (A) 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.
                    (B) 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. In support of its duties, the Commission, with the 
                consent of the Administrator, may transfer from the 
                Space Management Fund to a Federal agency, amounts--
                            (i) 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
                            (ii) 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.
                    (C) 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 subsection 
                (a)(2)(A) and subparagraph (B) of this subsection), 
                shall be divided between the General Fund of the 
                Treasury 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 
                and the Asset Proceeds and Space Management Fund, but 
                in no case shall the General Fund receive less than 60 
                percent of the net proceeds.
            (2) Obligation of amounts.--The amounts transferred 
        pursuant to paragraph (1)(C) under this subsection shall be 
        obligated by the recipient agency not later than 3 years after 
        the transfer. Any amounts that are not obligated within 3 years 
        shall be transferred back to the Asset Proceeds and Space 
        Management Fund.

SEC. 18. DISPOSAL OF REAL PROPERTIES.

    (a) In General.--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) through (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 Government for no consideration; 
        and
            (10) any congressional notification requirement other than 
        that in section 545 of title 40, United States Code.
    (b) Continuation of Certain Requirements.--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) In general.--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 (referred to in this Act as the 
        ``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. Not later than 30 days after such submission by the 
        Commission 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) Notice of interest.--Not later than 30 days after 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 
        to the Commission and to the Secretary of HUD that contains the 
        following:
                    (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) HUD approval.--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 not later than 60 days after 
        the date the Commission submits its report to the President. If 
        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) Interested parties.--Not later than 30 days after 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) Assessment of validity and merits.--Federal agencies 
        that have been tasked with reviewing applications 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 not later 
        than 60 days after the date the Commission submits its 
        recommendations to the President. If 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) Compilation of information and assessments.--The 
        Commission shall compile all information and assessments 
        regarding submitted notices of interest about properties and, 
        when that the recommendations gain legal force after 
        consideration by Congress, forward them to the Federal agencies 
        that maintain custody and control over the civilian real 
        properties to be disposed for their consideration in 
        implementing the Commission's recommendations.
            (7) Use of property.--In the event a property reviewed by 
        the Secretary of HUD is found to be fit for use by the homeless 
        and the Secretary 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 
        the Secretary, 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 Federal 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 
        Federal 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 Federal agency shall 
        have the discretion to choose among them.
            (8) Other options for use of property.--In the event a 
        property does not qualify for, or there is no interest in a 
        property reviewed for one of those uses described 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 Federal agency shall 
        have the discretion to choose among any other remaining ways to 
        implement the recommendation regarding the property.
    (d) Environmental Considerations.--
            (1) NEPA application.--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 Federal 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) NEPA exceptions.--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 civilian property; or
                    (C) any alternative path, not associated with an 
                environmental choice, to those recommended or selected.
            (3) Civil action.--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) Disposal on realigned property.--Federal agencies may 
        dispose or realign property without regard to any provision of 
        law restricting the use of funds for disposing or realigning 
        Federal civilian property included in any appropriations or 
        authorization Act.
            (5) Transfer of real property.--
                    (A) In general.--When implementing the recommended 
                actions pursuant to section 15 for properties that have 
                been identified in the Commission's recommendations and 
                in compliance with the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.), including section 120(h) thereof 
                (42 U.S.C. 9620(h)), Federal agencies may enter into an 
                agreement to transfer by deed real property with any 
                person.
                    (B) Additional terms.--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 the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (including the requirements of 
                section 120(h)(3)(A) and (C)(iv) of that Act.
            (6) Information disclosure.--As part of an agreement 
        pursuant to this Act, the agency shall disclose to the person 
        to whom the property or facilities will be transferred any 
        information of the Federal 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) Construction of Certain Acts.--Nothing in this section 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);
            (2) striking the period at the end of paragraph (7); and
            (3) adding at the end the following:
            ``(8) a statement of how the proposed project is consistent 
        with section 11(b) of the Civilian Property Realignment Act; 
        and
            ``(9) for all proposed leases, including operating leases, 
        the amount of the net present value of--
                    ``(A) the total estimated legal obligations of the 
                Government over the life of the contract; and
                    ``(B) the cost of constructing new space.''.

SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES.

    (a) Limitation on Certain Leasing Authorities.--Chapter 33 of title 
40, United States Code, is amended by adding at the end the following:

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

    ``(a) In General.--
            ``(1) Limitation.--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.
            ``(2) Exception.--Paragraph (1) shall not apply to the 
        United States Postal Service or the Central Intelligence 
        Agency.
    ``(b) Public Building.--For the purposes of this section, the term 
`public building' shall include leased space.
    ``(c) Construction.--Nothing in this section shall be construed as 
creating new authority for executive agencies to enter into leases or 
limit the authority of the Administration under section 3314.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end:

``3317. Limitation on Leasing Authority of Other Agencies.''.

SEC. 21. IMPLEMENTATION REVIEW BY GAO.

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

SEC. 22. REALIGNMENT OF REAL PROPERTY OWNED OR MANAGED BY THE BUREAU OF 
              OVERSEAS BUILDING OPERATIONS.

    (a) List of Assets.--On an annual basis, the Commission shall 
identify and create a list of assets located outside of the United 
States and its territories that are owned or managed by the Department 
of State's Bureau of Overseas Building Operations that may--
            (1) be sold for proceeds so as to reduce the civilian real 
        property inventory and operating costs of the Federal 
        Government; or
            (2) be otherwise disposed of, transferred, consolidated, 
        co-located, or reconfigured so as to reduce the operating costs 
        of the Federal Government.
    (b) List to Secretary of State.--The Commission shall provide this 
list created pursuant to subsection (a) to the Secretary of State.
    (c) Review and Report.--Not later than 90 calendar days after the 
receipt of the list created pursuant to subsection (b), the Department 
of State shall review this list and send a report to the Commission. 
The report shall include the conclusions of this review by the 
Department of State.
    (d) Recommendations of Certain Civilian Real Property Assets.--
Consistent with section 12, the Commission may only make 
recommendations involving civilian real property assets that are 
located outside of the United States and its territories and owned or 
managed by the Department of State's Bureau of Overseas Building 
Operations if the assets are on the list provided to the Department of 
State pursuant to this section and the Department of State has 
submitted a report on the list to the Commission pursuant to subsection 
(c).
    (e) Removal of Certain Civilian Real Property Transaction Assets.--
Consistent with section 12, not later than 20 calendar days after the 
submission of the Commission's report to the President, the Secretary 
of State may remove any transaction that involves a civilian real 
property asset that is located outside of the United States and its 
territories and owned or managed by the Department of State's Bureau of 
Overseas Building Operations from the Commission recommendations or 
list of recommendations made pursuant to section 12.
    (f) Appeal by Secretary of State.--Nothing in this section shall 
restrict the ability of the Secretary of State to appeal to the 
Director of OMB or Commission for funding by the Commission's Asset 
Proceeds and Space Management Fund to support the cost of implementing 
a recommendation.
    (g) Proceeds.--For the purposes of this Act, proceeds from the 
disposal of assets located outside of the United States and its 
territories that are owned or managed by the Department of State's 
Bureau of Overseas Building Operations as identified by the Commission 
and disposed of pursuant to this Act shall be deposited into the Asset 
Proceeds and Space Management Fund. Proceeds from the disposal of 
assets by the Department of State that are not disposed of pursuant to 
this Act shall be retained by the Department of State.

SEC. 23. FEDERAL REAL PROPERTY PROFILE.

    (a) Congressional Committees.--
            (1) In general.--Upon the request of the chairperson and 
        ranking member of any committee described under paragraph (2), 
        the Office of Management and Budget and the General Services 
        Administration shall--
                    (A) provide access to the Federal Real Property 
                Profile established in accordance with Executive Order 
                13327 of February 4, 2004 (69 Federal Register 5897), 
                to that committee; and
                    (B) make all information in the Federal Real 
                Property Profile available to that committee.
            (2) Committees.--The committees referred to under paragraph 
        (1) are--
                    (A) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Environmental and Public Works 
                of the Senate; and
                    (E) the Committees on Appropriations of the House 
                of Representatives and the Senate.
    (b) Government Accountability Office.--Upon the request of the 
Comptroller General, the Office of Management and Budget and the 
General Services Administration shall--
            (1) provide access to the Federal Real Property Profile 
        established in accordance with Executive Order 13327 of 
        February 4, 2004 (69 Federal Register 5897), to the Government 
        Accountability Office; and
            (2) make all information in the Federal Real Property 
        Profile available to the Government Accountability Office.

SEC. 24. EXCESS PROPERTY.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, each Federal agency shall sell, dispose, transfer, 
exchange, consolidate, co-locate, reconfigure, or redevelop any 
property that on the date of enactment of this Act is--
            (1) excess property as defined under section 102(3) of 
        title 40, United States Code; and
            (2) under the control of that Federal agency.
    (b) Exceptions.--
            (1) In general.--Subsection (a) shall not apply to any 
        property, if the Federal agency in control of the property 
        submits a report to each committee described under paragraph 
        (2) that--
                    (A) identifies the property; and
                    (B) states the reasons the Federal agency is not 
                able to carry out subsection (a) with respect to that 
                property.
            (2) Committees.--The committees referred to under paragraph 
        (1) are--
                    (A) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Environmental and Public Works 
                of the Senate; and
                    (E) the Committees on Appropriations of the House 
                of Representatives and the Senate.
                                 <all>