II 112th CONGRESS 1st Session S. 1503 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.

1.

Short title

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

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.

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.

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.

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.

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.

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.

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).

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.

10.

Termination

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

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.

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.

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.

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.

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.

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.

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.

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.).

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. .

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. .

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.

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.

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.

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.