II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civilian Property Re5 alignment Act’’ or ‘‘CPRA’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

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1 (1) to consolidate the footprint of Federal 

2 buildings and facilities; 

3 (2) to maximize the utilization rate of Federal 

4 buildings and facilities; 

5 (3) to reduce the reliance on leased space; 

6 (4) to sell or redevelop high value assets that 

7 are underutilized to obtain the highest and best 

8 value for the taxpayer and maximize the return to 

9 the taxpayer; 

10 (5) to reduce the operating and maintenance 

11 costs of Federal civilian real properties through the 

12 realignment of real properties by consolidating, co13 locating, and reconfiguring space, and other oper14 ational efficiencies; 

15 (6) to reduce redundancy, overlap, and costs as16 sociated with field offices; 

17 (7) to create incentives for Federal agencies to 

18 achieve greater efficiency in their inventories of civil19 ian real property; 

20 (8) to facilitate and expedite the sale or dis21 posal of unneeded civilian properties; and 

22 (9) to assist Federal agencies in achieving the 

23 Government’s sustainability goals by reducing excess 

24 space, inventory, and energy consumption, as well as 

25 by leveraging new technologies. 

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1 SEC. 3. DEFINITIONS. 

2 In this Act, unless otherwise expressly stated, the fol3 lowing definitions apply: 

4 (1) FEDERAL CIVILIAN REAL PROPERTY AND

5 CIVILIAN REAL PROPERTY.— 

6 (A) PROPERTY.—The terms ‘‘Federal civil7 ian real property’’ and ‘‘civilian real property’’ 

8 refer to Federal real property assets, including 

9 Federal buildings as defined in section 3301 of 

10 title 40, United States Code, occupied and im11 proved grounds, leased space, or other physical 

12 structures under the custody and control of any 

13 Federal agency. 

14 (B) FURTHER EXCLUSIONS.—Subpara15 graph (A) shall not be construed as including 

16 any of the following types of property: 

17 (i) Military installations as defined in 

18 section 2910 of the Defense Base Closure 

19 and Realignment Act of 1990. 

20 (ii) Properties that are excluded for 

21 reasons of national security by the Direc22 tor of the Office of Management and 

23 Budget. 

24 (iii) Properties that are excepted from 

25 the definition of ‘‘property’’ under section 

26 102(9) of title 40, United States Code. 

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1 (iv) Indian and Native Eskimo prop2 erty held in trust by the Government as 

3 described in section 3301(a)(5)(C)(iii) of 

4 title 40, United States Code. 

5 (v) Properties operated and main6 tained by the Tennessee Valley Authority 

7 pursuant to the Tennessee Valley Author8 ity Act of 1933 (16 U.S.C. 831 et seq.). 

9 (vi) Postal properties owned by the 

10 United States Postal Service, except that 

11 the United State Postal Service shall sub12 mit to the Commission and the Commis13 sion shall consider, pursuant to section 11, 

14 postal properties suitable for co-location 

15 with other Federal agency field offices. 

16 (2) FEDERAL AGENCY.—The term ‘‘Federal 

17 agency’’ means an executive department or inde18 pendent establishment in the executive branch of the 

19 Government, and a wholly owned Government cor20 poration. 

21 (3) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of General Serv23 ices. 

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1 (4) COMMISSION.—The term ‘‘Commission’’ 

2 means the Civilian Property Realignment Commis3 sion. 

4 (5) HUD.—The term ‘‘HUD’’ means the De5 partment of Housing and Urban Development. 

6 (6) OMB.—The term ‘‘OMB’’ means the Office 

7 of Management and Budget. 

8 (7) FIELD OFFICE.—The term ‘‘field office’’ 

9 means any Federal office that is not the Head10 quarters office location for the Federal agency. 

11 SEC. 4. COMMISSION. 

12 (a) ESTABLISHMENT.—There is established an inde13 pendent commission to be known as the Civilian Property 

14 Realignment Commission, referred to in this Act as the 

15 ‘‘Commission’’. 

16 (b) DUTIES.—The Commission shall carry out the 

17 duties as specified in this Act. 

18 (c) MEMBERSHIP.— 

19 (1) IN GENERAL.—The Commission shall be 

20 composed of a chairman appointed by the President, 

21 by and with the advice and consent of the Senate, 

22 and 6 members appointed by the President. 

23 (2) APPOINTMENTS.—In selecting individuals 

24 for appointments to the Commission, the President 

25 shall consult with— 

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1 (A) the Speaker of the House of Rep2 resentatives concerning the appointment of 1 

3 member; 

4 (B) the majority leader of the Senate con5 cerning the appointment of 1 member; 

6 (C) the minority leader of the House of 

7 Representatives concerning the appointment of 

8 1 member; and 

9 (D) the minority leader of the Senate con10 cerning the appointment of 1 member. 

11 (3) TERMS.—The term for each member of the 

12 Commission shall be 6 years. 

13 (4) VACANCIES.—Vacancies shall be filled in 

14 the same manner as the original appointment. 

15 (5) QUALIFICATIONS.—In selecting individuals 

16 for appointment to the Commission, the President 

17 shall ensure the Commission contains individuals 

18 with expertise representative of the following: 

19 (A) Commercial real estate and redevelop20 ment. 

21 (B) Government management or oper22 ations. 

23 (C) Community development, including 

24 transportation and planning. 

25 (D) Historic preservation. 

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1 SEC. 5. COMMISSION MEETINGS. 

2 (a) OPEN MEETINGS.—Each meeting of the Commis3 sion, other than meetings in which classified information 

4 is to be discussed, shall be open to the public. Any open 

5 meeting shall be announced in the Federal Register and 

6 the Federal website established by the Commission at least 

7 14 calendar days in advance of a meeting. For all public 

8 meetings, the Commission shall release an agenda and a 

9 listing of materials relevant to the topics to be discussed. 

10 (b) QUORUM AND MEETINGS.—Seven Commission 

11 members shall constitute a quorum for the purposes of 

12 conducting business and 3 or more Commission members 

13 shall constitute a meeting of the Commission. 

14 (c) TRANSPARENCY OF INFORMATION.—All the pro15 ceedings, information, and deliberations of the Commis16 sion shall be open, upon request, to the chairperson and 

17 the ranking minority party member, and their respective 

18 subcommittee chairperson and ranking minority party 

19 member, of— 

20 (1) the Committee on Transportation and In21 frastructure of the House of Representatives; 

22 (2) the Committee on Oversight and Govern23 ment Reform of the House of Representatives; 

24 (3) the Committee on Homeland Security and 

25 Governmental Affairs of the Senate; 

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1 (4) the Committee on Environmental and Pub2 lic Works of the Senate; and 

3 (5) the Committees on Appropriations of the 

4 House of Representatives and the Senate. 

5 (d) GOVERNMENT ACCOUNTABILITY OFFICE.—All 

6 proceedings, information, and deliberations of the Com7 mission shall be open, upon request, to the Comptroller 

8 General of the United States. 

9 SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 

10 (a) COMPENSATION.— 

11 (1) RATE OF PAY FOR MEMBERS.—Each mem12 ber, other than the Chairperson, shall be paid at a 

13 rate equal to the daily equivalent of the minimum 

14 annual rate of basic pay payable for level IV of the 

15 Executive Schedule under section 5315 of title 5, 

16 United States Code, for each day (including travel 

17 time) during which the member is engaged in the ac18 tual performance of duties vested in the Commis19 sion. 

20 (2) RATE OF PAY FOR CHAIRPERSON.—The 

21 chairperson shall be paid for each day referred to in 

22 paragraph (1) at a rate equal to the daily equivalent 

23 of the minimum annual rate of basic pay payable for 

24 level III of the Executive Schedule under section 

25 5314, of title 5, United States Code. 

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1 (b) TRAVEL.—Members shall receive travel expenses, 

2 including per diem in lieu of subsistence, in accordance 

3 with sections 5702 and 5703 of title 5, United States 

4 Code. 

5 SEC. 7. EXECUTIVE DIRECTOR. 

6 (a) APPOINTMENT.—The Commission shall appoint 

7 an Executive Director and may disregard the provisions 

8 of title 5, United States Code, governing appointments in 

9 the competitive service. 

10 (b) RATE OF PAY FOR DIRECTOR.—The Executive 

11 Director shall be paid at the rate of basic pay payable 

12 for level IV of the Executive Schedule under section 5315 

13 of title 5, United States Code. 

14 SEC. 8. STAFF. 

15 (a) ADDITIONAL PERSONNEL.—Subject to subsection 

16 (b), the Executive Director, with the approval of the Com17 mission, may appoint and fix the pay of additional per18 sonnel. 

19 (b) DETAIL EMPLOYEES FROM OTHER AGENCIES.— 

20 Upon request of the Executive Director, the head of any 

21 Federal agency may detail any of the personnel of that 

22 agency to the Commission to assist the Commission in car23 rying out its duties under this Act. 

24 (c) QUALIFICATIONS.—Appointments shall be made 

25 with consideration of a balance of expertise consistent with 

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1 the qualifications of representatives described in section 

2 4(c)(5). 

3 SEC. 9. CONTRACTING AUTHORITY. 

4 (a) EXPERTS AND CONSULTANTS.—The Commission 

5 may procure by contract, to the extent funds are available, 

6 the temporary or intermittent services of experts and con7 sultants pursuant to section 3109 of title 5, United States 

8 Code. 

9 (b) SPACE.—The Administrator, in consultation with 

10 the Commission, shall identify suitable excess space within 

11 the Federal space inventory to house the operations of the 

12 Commission. If no such space is available, the Commission 

13 may, notwithstanding section 20, lease space to the extent 

14 funds are available. 

15 (c) PERSONAL PROPERTY.—The Commission may 

16 acquire personal property to the extent funds are avail17 able. 

18 (d) RECEIPT AND SALE OF PROPERTY.—The Com19 mission may take custody, control, and administrative ju20 risdiction over Federal property pursuant to section 12(b) 

21 and is authorized to sell such property for no less than 

22 fair market value. 

23 (e) USE OF SMALL BUSINESSES.—In exercising its 

24 authorities under this section and section 12, the Commismstockstill on DSK4VPTVN1PROD with BILLS

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1 sion shall use, to the greatest extent possible, small busi2 nesses as defined by section 3 of the Small Business Act. 

3 SEC. 10. TERMINATION. 

4 The Commission shall cease operations and terminate 

5 6 years from the date of enactment of this Act. 

6 SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE 

7 COMMISSION. 

8 (a) SUBMISSIONS OF AGENCY INFORMATION AND

9 RECOMMENDATIONS.—Not later than 120 days after the 

10 date of enactment of this Act and 90 days after the begin11 ning of each fiscal year thereafter, the head of each Fed12 eral agency shall submit to the Administrator and the Di13 rector of the Office of Management and Budget the fol14 lowing: 

15 (1) CURRENT DATA.—Current data of all Fed16 eral civilian real properties owned, leased or con17 trolled by the respective agency, including all rel18 evant information prescribed by the Administrator 

19 and the Director of the Office of Management and 

20 Budget, including data related to the age and condi21 tion of the property, operating costs, history of cap22 ital expenditures, sustainability metrics, number of 

23 Federal employees and functions housed in the re24 spective property, square footage (including gross, 

25 rentable, and usable). 

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1 (2) AGENCY RECOMMENDATIONS.—Rec2 ommendations which shall include the following: 

3 (A) Federal civilian properties that can be 

4 sold for proceeds and otherwise disposed of, de5 molished, transferred, exchanged, consolidated, 

6 co-located, reconfigured, or redeveloped, so as 

7 to reduce the civilian real property inventory, 

8 reduce the operating costs of the Government, 

9 and create the highest value and return for the 

10 taxpayer. 

11 (B) Operational efficiencies that the Gov12 ernment can realize in its operation and main13 tenance of Federal civilian real properties. 

14 (C) Opportunities to pursue enhanced use 

15 leasing in underutilized buildings in an effort to 

16 realize highest and best use for the taxpayers. 

17 (b) STANDARDS AND CRITERIA.—Not later than 60 

18 days after the date specified in subsection (a), the Director 

19 of OMB, in consultation with the Administrator, shall re20 view agency recommendations submitted pursuant to sub21 section (a), and develop consistent standards and criteria 

22 against which agency recommendations will be reviewed. 

23 The Director of OMB and the Administrator shall develop 

24 recommendations to the Commission based on those 

25 standards and criteria. In developing the standards and 

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1 criteria, the Director of OMB, in consultation with the Ad2 ministrator, shall incorporate the following: 

3 (1) The extent to which a Federal building or 

4 facility aligns with the current mission of the Fed5 eral agency. 

6 (2) The extent to which there are opportunities 

7 to consolidate similar operations across multiple 

8 agencies or within agencies. 

9 (3) The extent and timing of potential costs 

10 and savings, including the number of years, begin11 ning with the date of completion of the proposed rec12 ommendation. 

13 (4) The economic impact on existing commu14 nities in the vicinity of the Federal building or facil15 ity. 

16 (5) The extent to which the utilization rate is 

17 being maximized and is consistent with non-govern18 mental industry standards for the given function or 

19 operation. 

20 (6) The extent to which reliance on leasing for 

21 long-term space needs is reduced. 

22 (7) The extent to which the Federal building or 

23 facility could be redeveloped or otherwise used to 

24 produce the highest and best value and return for 

25 the taxpayer. 

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1 (8) The extent to which the operating and 

2 maintenance costs are reduced through consoli3 dating, co-locating, and reconfiguring space, and 

4 through realizing other operational efficiencies. 

5 (9) The extent to which energy consumption is 

6 reduced. 

7 (c) SPECIAL RULE FOR UTILIZATION RATES.— 

8 Standards developed by the Director of OMB must incor9 porate and apply clear standard utilization rates con10 sistent throughout each category of space and with non11 government space utilization rates. To the extent utiliza12 tion rates are exceeded by a given agency, the Director 

13 shall recommend realignment, co-location, consolidation, 

14 or other type of action to improve space utilization. 

15 (d) SUBMISSION TO THE COMMISSION.— 

16 (1) IN GENERAL.—The standards, criteria, and 

17 recommendations developed pursuant to subsection 

18 (b) shall be submitted to the Commission with all 

19 supporting information, data, analyses, and docu20 mentation. 

21 (2) PUBLICATION.—The standards, criteria, 

22 and recommendations shall be published in the Fed23 eral Register and transmitted to the committees des24 ignated in section 5(c) and to the Comptroller Gen25 eral of the United States. 

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1 (3) ACCESS TO INFORMATION.—The Commis2 sion shall also have access to all information per3 taining to the recommendations, including sup4 porting information, data, analyses, and documenta5 tion submitted pursuant to subsection (a). Upon re6 quest, Federal agencies shall provide, the Commis7 sion any additional information pertaining to its 

8 properties. 

9 SEC. 12. COMMISSION DUTIES. 

10 (a) IDENTIFICATION OF PROPERTY REDUCTION OP11 PORTUNITIES.—The Commission shall identify opportuni12 ties for the Government to reduce significantly its inven13 tory of civilian real property and reduce costs to the Gov14 ernment. 

15 (b) IDENTIFICATION OF HIGH VALUE ASSETS.— 

16 (1) IDENTIFICATION OF CERTAIN PROP17 ERTIES.—Not later than 180 days after the date of 

18 enactment of this Act, the Commission shall identify 

19 not less than 5 Federal properties that are not on 

20 the list of surplus or excess as of such date with a 

21 total fair market value of not less than 

22 $500,000,000 to be sold and transmit the list to the 

23 President and Congress as Commission rec24 ommendations and subject to the approval process 

25 described in sections 13 and 14. 

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1 (2) INFORMATION AND DATA.—In order to 

2 meet the goal established under paragraph (1), Fed3 eral agencies shall provide, upon receipt, any and all 

4 information and data regarding its properties to the 

5 Commission. The Commission shall notify the com6 mittees listed under section 5(c) of any failure by 

7 any agency to comply with a request of the Commis8 sion. 

9 (3) TRANSFER.—Not later than 60 days after 

10 approval of the Commission recommendations pursu11 ant to paragraph (1), Federal agencies with custody, 

12 control, or administrative jurisdiction over the iden13 tified properties shall transfer custody, control, and 

14 administrative jurisdiction to the Commission. 

15 (4) SALE.—Not later than 120 days after ap16 proval of Commission recommendations pursuant to 

17 paragraph (1) and notwithstanding any other provi18 sion of law (except as provided in section 18(d)), the 

19 Commission shall sell the properties described in 

20 paragraph (1) at fair market value at highest and 

21 best use for cash at auction. 

22 (5) PROCEEDS.—The proceeds shall be distrib23 uted pursuant to section 17. 

24 (c) ANALYSIS OF INVENTORY.—The Commission 

25 shall perform an independent analysis of the inventory of 

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1 Federal civilian real property and the recommendations 

2 submitted pursuant to section 11. The Commission shall 

3 not be bound or limited by the recommendations sub4 mitted pursuant to section 11. If, in the opinion of the 

5 Commission, an agency fails to provide needed informa6 tion, data or adequate recommendations that meet the 

7 standards and criteria, the Commission shall develop such 

8 recommendations as it considers appropriate based on ex9 isting data contained in the Federal Real Property Profile 

10 or other relevant information. 

11 (d) RECEIPT OF INFORMATION AND PROPOSALS.— 

12 Notwithstanding any other provision of law, the Commis13 sion may receive and consider proposals, information, and 

14 other data submitted by State and local officials and the 

15 private sector. Such information shall be made publically 

16 available. 

17 (e) ACCOUNTING SYSTEM.—Not later than 120 days 

18 after the date of enactment of this Act, the Commission 

19 shall identify or develop and implement a system of ac20 counting to be used to independently evaluate the costs 

21 of and returns on the recommendations. Such accounting 

22 system shall be applied in developing the Commission’s 

23 recommendations and determining the highest return to 

24 the taxpayer. In applying the accounting system, the Com25 mission shall set a standard performance period. 

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1 (f) PUBLIC HEARING.—After performing an inde2 pendent analysis and reviewing the recommendations, the 

3 Commission shall conduct public hearings. All testimony 

4 before the Commission at a public hearing under this 

5 paragraph shall be presented under oath. 

6 (g) REPORTING OF INFORMATION AND REC7 OMMENDATIONS.— 

8 (1) IN GENERAL.—Not later than 120 days 

9 after the receipt of recommendations pursuant to 

10 section 11, and biannually thereafter, the Commis11 sion shall, at a minimum, transmit to the President, 

12 and publicly post on a Federal website maintained 

13 by the Commission a report containing the Commis14 sion’s findings, conclusions, and recommendations 

15 for the consolidation, exchange, co-location, reconfig16 uration, lease reductions, sale, and redevelopment of 

17 Federal civilian real properties and for other oper18 ational efficiencies that can be realized in the Gov19 ernment’s operation and maintenance of such prop20 erties. 

21 (2) CONSENSUS IN MAJORITY.—The Commis22 sion shall seek to develop consensus recommenda23 tions, but if a consensus cannot be obtained, the 

24 Commission may include in its report recommendamstockstill on DSK4VPTVN1PROD with BILLS

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1 tions that are supported by a majority of the Com2 mission. 

3 (h) FEDERAL WEBSITE.—The Commission shall es4 tablish and maintain a Federal website for the purposes 

5 of making relevant information publically available. 

6 (i) REVIEW BY GAO.—The Comptroller General of 

7 the United States shall transmit to the Congress and to 

8 the Commission a report containing a detailed analysis of 

9 the recommendations and selection process. 

10 SEC. 13. REVIEW BY THE PRESIDENT. 

11 (a) REVIEW OF RECOMMENDATIONS.—Upon receipt 

12 of the Commission’s recommendations, the President shall 

13 conduct a review of such recommendations. 

14 (b) REPORT TO COMMISSION AND CONGRESS.—Not 

15 later than 30 days after receipt of the Commission’s rec16 ommendations, the President shall transmit to the Com17 mission and Congress a report that sets forth the Presi18 dent’s approval or disapproval of the Commission’s rec19 ommendations. 

20 (c) APPROVAL OR DISAPPROVAL.—If the President— 

21 (1) approves of the Commission’s recommenda22 tions, the President shall transmit a copy of the rec23 ommendations to Congress, together with a certifi24 cation of such approval; 

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1 (2) disapproves of the Commission’s rec2 ommendations, in whole or in part, the President 

3 shall also transmit to the Commission and Congress 

4 the reasons for such disapproval. The Commission 

5 shall then transmit to the President, not later than 

6 30 days following the disapproval, a revised list of 

7 recommendations; 

8 (3) approves all of the revised recommendations 

9 of the Commission, the President shall transmit a 

10 copy of such revised recommendations to Congress, 

11 together with a certification of such approval; or 

12 (4) does not transmit to the Congress an ap13 proval and certification described in paragraphs (1) 

14 or (3) within 30 days of receipt of the Commission’s 

15 recommendations or revised recommendations, as 

16 the case may be, the process shall terminate until 

17 the following year. 

18 SEC. 14. CONGRESSIONAL CONSIDERATION OF THE REC19 OMMENDATIONS. 

20 (a) RESOLUTION OF DISAPPROVAL.—Not later than 

21 45 days after the date of the President’s transmission to 

22 Congress of the approved recommendations pursuant to 

23 section 13, Congress may enact a joint resolution as de24 scribed in subsection (c) to disapprove the Commission 

25 recommendations. 

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1 (b) COMPUTATION OF TIME PERIOD.—For the pur2 poses of this section, the days on which either House of 

3 Congress is not in session because of adjournment of more 

4 than three days to a day certain shall be excluded in the 

5 computation of the period of time. 

6 (c) TERMS OF THE RESOLUTION.—For purposes of 

7 this section, the term ‘‘joint resolution’’ means only a joint 

8 resolution which is introduced within the 10-day period 

9 beginning on the date on which the President transmits 

10 the recommendations to Congress under section 13, and— 

11 (1) which does not have a preamble; 

12 (2) the matter after the resolving clause of 

13 which is as follows: ‘‘That Congress disapproves the 

14 recommendations of the Civilian Property Realign15 ment Commission as submitted by the President on 

16 lllllllll’’, the blank space being filled 

17 in with the appropriate date; and 

18 (3) the title of which is as follows: ‘‘Joint reso19 lution disapproving the recommendations of the Ci20 vilian Property Realignment Commission’’. 

21 (d) REFERRAL.—A resolution described in subsection 

22 (c) that is introduced in the House of Representatives 

23 shall be referred to the Committee on Transportation and 

24 Infrastructure in the House of Representatives. A resolu25 tion described in subsection (c) introduced in the Senate 

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1 shall be referred to the Committee on the Environment 

2 and Public Works in the Senate. 

3 (e) DISCHARGE.—If the committee to which a resolu4 tion described in subsection (c) is referred has not re5 ported such a resolution (or an identical resolution) by the 

6 end of the 20-day period beginning on the date on which 

7 the President transmits the report to the Congress under 

8 section 13, such committee shall be, at the end of such 

9 period, discharged from further consideration of such reso10 lution, and such resolution shall be placed on the appro11 priate calendar of the House involved. 

12 (f) CONSIDERATION.— 

13 (1) IN GENERAL.—On or after the third day 

14 after the date on which the committee to which such 

15 resolution is referred has reported, or has been dis16 charged (under subsection (e)) from further consid17 eration of, such a resolution, it is in order (even 

18 though a previous motion to the same effect has 

19 been disagreed to) for any Member of the respective 

20 House to move to proceed to the consideration of the 

21 resolution. A member may make the motion only on 

22 the date after the calendar day on which the Mem23 ber announces to the House concerned the Member’s 

24 intention to make the motion, except that, in the 

25 case of the House of Representatives, the motion 

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1 may be made without such prior announcement if 

2 the motion is made by direction of the committee to 

3 which the resolution was referred. The motion is 

4 highly privileged in the House of Representatives 

5 and is privileged in the Senate and is not debatable. 

6 The motion is not subject to amendment, or to a 

7 motion to postpone, or to a motion to proceed to the 

8 consideration of other business. A motion to recon9 sider the vote by which the motion is agreed to or 

10 disagreed to shall not be in order. If a motion to 

11 proceed to consideration of the joint resolution is 

12 agreed to, the respective House shall immediately 

13 proceed to the consideration of the joint resolution 

14 without intervening motion, order, or other business, 

15 and the resolution shall remain the unfinished busi16 ness of the respective House until disposed of. 

17 (2) DEBATE.—Debate on the resolution and on 

18 all debatable motions and appeals in connection 

19 therewith, shall be limited to not more than 2 hours, 

20 which shall be divided equally between those favoring 

21 and those opposing the resolution. An amendment to 

22 the resolution is not in order. A motion further to 

23 limit debate is in order and not debatable. A motion 

24 to postpone, or a motion to proceed to the consider25 ation of other business, or a motion to recommit the 

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1 resolution is not in order. A motion to reconsider the 

2 vote by which the resolution is agreed to or dis3 agreed is not in order. 

4 (3) VOTE.—Immediately following the conclu5 sion of the debate on a resolution described in sub6 section (c) and a single quorum call at the conclu7 sion of the debate if requested in accordance with 

8 the rules of the appropriate House, the vote on final 

9 passage of the resolution shall occur. 

10 (4) APPEALS OF DECISIONS OF THE CHAIR.— 

11 Appeals of the decisions of the Chair relating to the 

12 application of the rules of the Senate or the House 

13 of Representatives, as the case may be, to the proce14 dure relating to a resolution described in subsection 

15 (c) shall be decided without debate. 

16 (g) CONSIDERATION BY OTHER HOUSE.— 

17 (1) IN GENERAL.—If, before the passage by one 

18 House of a resolution of that House described in 

19 subsection (c), that House received from the other 

20 House a resolution described in subsection (c), then 

21 the following procedures shall apply: 

22 (A) NO COMMITTEE REFERRAL.—The res23 olution of the other House shall not be referred 

24 to a committee and may not be considered in 

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1 the House receiving it except in the case of 

2 final passage as provided in subparagraph (B). 

3 (B) RESOLUTION PROCEDURE.—With re4 spect to a resolution described in subsection (c) 

5 of the House receiving the resolution the proce6 dure in that House shall be the same as if no 

7 resolution had been received from the other 

8 House, but the vote on final passage shall be on 

9 the resolution of the other House. 

10 (2) NO CONSIDERATION.—Upon disposition of 

11 the resolution received from the other House, it shall 

12 no longer be in order to consider the resolution that 

13 originated in the receiving House. 

14 (h) RULES OF THE SENATE AND HOUSE.—This sec15 tion is enacted by Congress— 

16 (1) as an exercise of the rulemaking power of 

17 the Senate and House of Representatives, respec18 tively, and as such it is deemed a part of the rules 

19 of each House, respectively, but applicable only with 

20 respect to the procedure to be followed in that 

21 House in the case of a resolution described in this 

22 section, and it supersedes other rules only to the ex23 tent that it is inconsistent with such rules; and 

24 (2) with full recognition of the constitutional 

25 right of either House to change the rules (so far as 

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1 relating to the procedure of that House) at any time, 

2 in the same manner, and to the same extent as in 

3 the case of any other rule of that House. 

4 (i) FAILURE TO PASS RESOLUTION OF DIS5 APPROVAL.—If Congress fails to pass such a joint resolu6 tion within 45 calendar days after the date of the Presi7 dent’s transmission to Congress of the Commission’s rec8 ommendations, the recommendations immediately gain 

9 legal force and shall be in effect and Federal agencies shall 

10 implement and carry out all of the Commission’s rec11 ommendations pursuant to section 15. 

12 SEC. 15. IMPLEMENTATION OF COMMISSION REC13 OMMENDATIONS. 

14 (a) CARRYING OUT RECOMMENDATIONS.—Upon the 

15 date specified in section 14(i), Federal agencies shall im16 mediately begin preparation to carry out the Commission’s 

17 recommendations and shall initiate all activities no later 

18 than 1 year after the date on which the President trans19 mits the recommendations to Congress. Federal agencies 

20 shall complete all recommended actions no later than the 

21 end of the 3-year period beginning on the date on which 

22 the President transmits the Commission’s recommenda23 tions to Congress. All actions shall be economically bene24 ficial and be cost neutral or otherwise favorable to the 

25 Government. For actions that will take longer than the 

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1 3-year period due to extenuating circumstances, each Fed2 eral agency shall notify the President and Congress as 

3 soon as the extenuating circumstance presents itself with 

4 an estimated time to complete the relevant action. 

5 (b) ACTIONS OF FEDERAL AGENCIES.—In taking ac6 tions related to any Federal building or facility under this 

7 Act, Federal agencies may, pursuant to subsection (c), 

8 take all such necessary and proper actions, including— 

9 (1) acquiring land, constructing replacement fa10 cilities, performing such other activities, and con11 ducting advance planning and design as may be re12 quired to transfer functions from a Federal asset or 

13 property to another Federal civilian property; 

14 (2) providing outplacement assistance to civilian 

15 employees employed by any Federal agency at a 

16 Federal civilian property impacted by such actions; 

17 and 

18 (3) reimbursing other Federal agencies for ac19 tions performed at the request of the Commission. 

20 (c) NECESSARY AND PROPER ACTIONS.—When act21 ing on a recommendation of the Commission, a Federal 

22 agency shall work in partnership with the Administrator 

23 to carry out such actions. The Administrator may, not24 withstanding any other provision of law, take such nec25 essary and proper actions, including the sale, conveyance, 

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1 or exchange of civilian real property, as required to imple2 ment the Commission recommendations in the time period 

3 required under subsection (a). The Administrator shall 

4 enter into and use commission-based contracts for real es5 tate services to assist in carrying out property transactions 

6 required by the Commission’s recommendations. 

7 (d) DISCRETION OF COMMISSION REGARDING

8 TRANSACTIONS.—For any transaction identified, rec9 ommended, or commenced as a result of this Act, any oth10 erwise required legal priority given to, or requirement to 

11 enter into, a transaction to convey a Federal civilian real 

12 property for less than fair market value, for no consider13 ation at all, or in a transaction that mandates the exclu14 sion of other market participants, shall be at the discretion 

15 of the Commission. 

16 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized a one-time appropriation to carry 

18 out this Act the following amounts: 

19 (1) $23,000,000 for salaries and expenses of 

20 the Commission. 

21 (2) $65,000,000 to be deposited into the Asset 

22 Proceeds and Space Management Fund for activities 

23 related to the implementation of the Commission 

24 recommendations. 

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1 SEC. 17. FUNDING. 

2 (a) CREATION OF SALARIES AND EXPENSES AC3 COUNT.—There is hereby established on the books of the 

4 Treasury an account to be known as the ‘‘Civilian Prop5 erty Realignment Commission—Salaries and Expenses’’ 

6 account. 

7 (1) NECESSARY PAYMENTS.—There shall be de8 posited into the account such amounts, as are pro9 vided in appropriations Acts, for those necessary 

10 payments for salaries and expenses to accomplish 

11 the administrative needs of the Commission. 

12 (2) NO APPROPRIATIONS.—If no amounts are 

13 appropriated for the salaries and expenses of the 

14 Commission for a particular fiscal year, the Director 

15 of the Office of Management and Budget may sup16 port the Commission’s activities under this Act dur17 ing such year if the Director approves either or both 

18 of the following actions: 

19 (A) In consultation with the Administrator, 

20 a transfer to the Commission of amounts from 

21 the ‘‘Civilian Property Realignment Commis22 sion—Asset Proceeds and Space Management 

23 Fund’’ within the Federal Buildings Fund es24 tablished under section 592 of title 40, United 

25 States Code. 

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1 (B) A transfer to the Commission of not 

2 more than $8,000,000 from unobligated 

3 amounts available to the Administrator or the 

4 Director. 

5 (b) CREATION OF ASSET PROCEEDS AND SPACE

6 MANAGEMENT FUND.— 

7 (1) CREATION OF FUND.—There is hereby es8 tablished within the Federal Buildings Fund estab9 lished under section 592 of title 40, United States 

10 Code, an account to be known as the ‘‘Civilian Prop11 erty Realignment Commission—Asset Proceeds and 

12 Space Management Fund’’ which shall be used solely 

13 for the purposes of carrying out actions pursuant to 

14 the Commission recommendations approved under 

15 section 14. Notwithstanding section 3307 of title 40, 

16 United States Code, the following amounts shall be 

17 deposited into the account and are hereby appro18 priated and shall remain available until expended for 

19 the following specified purposes: 

20 (A) Such amounts as are provided in ap21 propriations Acts, to remain available until ex22 pended, for the consolidation, co-location, ex23 change, redevelopment, re-configuration of 

24 space and other actions recommended by the 

25 Commission for Federal agencies. 

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1 (B) Gross proceeds received from the pro2 ceeds of any civilian real property action taken 

3 pursuant to a recommendation of the Commis4 sion under section 15. The Commission, with 

5 the consent of the Administrator, may transfer 

6 from the gross proceeds to a Federal agency, 

7 amounts necessary to cover costs associated 

8 with implementing the recommendations pursu9 ant to section 15. In support of its duties, the 

10 Commission, with the consent of the Adminis11 trator, may transfer from the Space Manage12 ment Fund to a Federal agency, amounts— 

13 (i) to cover the necessary costs associ14 ated with— 

15 (I) consolidation, co-location, re16 development, and reconfiguration ac17 tions; and 

18 (II) other actions taken to other19 wise realize operational efficiencies, 

20 including such actions as environ21 mental restoration; and 

22 (ii) for outplacement assistance to 

23 Federal employees who work at a Federal 

24 property that is affected by actions taken 

25 under this section, and whose employment 

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1 would be terminated as a result of such 

2 disposal, consolidation, or other realign3 ment. 

4 (C) Net proceeds (which are gross proceeds 

5 received from the sale of any civilian real prop6 erty pursuant to a recommendation of the Com7 mission, less the amounts transferred from this 

8 account under subsection (a)(2)(A) and sub9 paragraph (B) of this subsection), shall be di10 vided between the General Fund of the Treas11 ury and the Asset Proceeds and Space Manage12 ment Fund within the Federal Buildings Fund. 

13 On an annual basis, the Director of the Office 

14 of Management and Budget, shall determine 

15 how the net proceeds shall be distributed, 

16 through transfer, between the General Fund 

17 and the Asset Proceeds and Space Management 

18 Fund, but in no case shall the General Fund 

19 receive less than 60 percent of the net proceeds. 

20 (2) OBLIGATION OF AMOUNTS.—The amounts 

21 transferred pursuant to paragraph (1)(C) under this 

22 subsection shall be obligated by the recipient agency 

23 not later than 3 years after the transfer. Any 

24 amounts that are not obligated within 3 years shall 

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1 be transferred back to the Asset Proceeds and Space 

2 Management Fund. 

3 SEC. 18. DISPOSAL OF REAL PROPERTIES. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, any recommendation or commencement of a 

6 disposal or realignment of civilian real property shall not 

7 be subject to— 

8 (1) section 545(b)(8) of title 40, United States 

9 Code; 

10 (2) sections 550, 554, and 553 of title 40, 

11 United States Code; 

12 (3) section 501 of the McKinney-Vento Home13 less Assistance Act (42 U.S.C. 11411); 

14 (4) section 667(b) through (d) of title 16, 

15 United States Code; 

16 (5) section 47151 of title 49, United States 

17 Code; 

18 (6) sections 107 and 317 of title 23, United 

19 States Code; 

20 (7) section 1304(b) of title 40, United States 

21 Code; 

22 (8) section 1622(d) of title 50, United States 

23 Code Appended; 

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1 (9) any other provision of law authorizing the 

2 conveyance of real property owned by the Govern3 ment for no consideration; and 

4 (10) any congressional notification requirement 

5 other than that in section 545 of title 40, United 

6 States Code. 

7 (b) CONTINUATION OF CERTAIN REQUIREMENTS.— 

8 Nothing in subsection (a) shall be construed to modify, 

9 alter, or amend any other required environmental or his10 torical review, recordkeeping, or notice requirements oth11 erwise implicated in a conveyance of Federal civilian real 

12 property. 

13 (c) PUBLIC BENEFIT.— 

14 (1) IN GENERAL.—For those properties that 

15 the Commission has determined should be reviewed 

16 for potential use by the homeless or for any of the 

17 other public benefits enumerated in subsection (a), 

18 the Commission shall submit to the Secretary of 

19 Housing and Urban Development (referred to in this 

20 Act as the ‘‘Secretary of HUD’’), on the same day 

21 it submits its report to the President, any such in22 formation on the building or property that concerns 

23 the decision regarding the civilian property’s dis24 posal. Not later than 30 days after such submission 

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1 turn to the Commission with a report summarizing 

2 a determination of the suitability of the civilian real 

3 properties recommended to be disposed as properties 

4 fit to help the cause of homeless assistance. 

5 (2) NOTICE OF INTEREST.—Not later than 30 

6 days after the Commission’s submission to the Presi7 dent and public release of the Commission’s rec8 ommendations, any representatives of the homeless 

9 proposing interest in the use of property that the 

10 Commission has determined should be reviewed for 

11 potential use by the homeless or for any of the other 

12 public benefits enumerated in subsection (a), may 

13 submit a notice of interest to the Commission and 

14 to the Secretary of HUD that contains the following: 

15 (A) A description of the homeless assist16 ance program that the representative proposes 

17 to carry out at the installation. 

18 (B) An assessment of the need for the pro19 gram. 

20 (C) A description of the extent to which 

21 the program is or will be coordinated with other 

22 homeless assistance programs in the commu23 nities in the vicinity of the installation. 

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1 (D) A description of the buildings and 

2 property that are necessary in order to carry 

3 out the program. 

4 (E) A description of the financial plan, the 

5 organization, and the organizational capacity of 

6 the representative to carry out the program. 

7 (F) An assessment of the time required in 

8 order to commence carrying out the program. 

9 (3) HUD APPROVAL.—The Secretary of HUD 

10 shall review and certify submissions from representa11 tives of the homeless and submit to the Commission 

12 an assessment of the validity and merits of the no13 tice of interest not later than 60 days after the date 

14 the Commission submits its report to the President. 

15 If more than one notice of interest is entered for a 

16 property, the Secretary shall indicate to the Com17 mission which planned use of the property for the 

18 homeless has more merit. 

19 (4) INTERESTED PARTIES.—Not later than 30 

20 days after the Commission’s submission to the Presi21 dent and public release of the Commission’s rec22 ommendations, any parties proposing interest in the 

23 property that the Commission has determined should 

24 be reviewed for any other public benefit programs 

25 enumerated in subsection (a), for a use that is not 

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1 homeless assistance, may submit a notice of interest 

2 to the Commission and to the Federal agency that 

3 is otherwise tasked by law to review applications for 

4 the public benefit conveyance program under which 

5 the party is applying. The notice of interest must 

6 contain the information otherwise required by the 

7 law creating the conveyance program. 

8 (5) ASSESSMENT OF VALIDITY AND MERITS.— 

9 Federal agencies that have been tasked with review10 ing applications for public benefit conveyance pro11 grams, that receive notices of interest with informa12 tion pertaining to the certification of the validity of 

13 a proposed public benefit conveyance operating 

14 under one of the uses under subsection (a) that are 

15 not homeless assistance, shall review and certify sub16 missions from parties proposing such future use for 

17 the property and submit to the Commission an as18 sessment of the validity and merits of the informa19 tion contained in the notice of interest not later than 

20 60 days after the date the Commission submits its 

21 recommendations to the President. If more than one 

22 notice of interest is entered for a property, the Sec23 retary of the reviewing agency shall indicate to the 

24 Commission which planned use of the property has 

25 more merit. 

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1 (6) COMPILATION OF INFORMATION AND AS2 SESSMENTS.—The Commission shall compile all in3 formation and assessments regarding submitted no4 tices of interest about properties and, when that the 

5 recommendations gain legal force after consideration 

6 by Congress, forward them to the Federal agencies 

7 that maintain custody and control over the civilian 

8 real properties to be disposed for their consideration 

9 in implementing the Commission’s recommendations. 

10 (7) USE OF PROPERTY.—In the event a prop11 erty reviewed by the Secretary of HUD is found to 

12 be fit for use by the homeless and the Secretary has 

13 identified a representative of the homeless whose no14 tice of interest is certified, or, in the event of more 

15 than one notice of interest on the property, whose 

16 notice of interest is deemed to have the most merit 

17 by the Secretary, the agency maintaining custody or 

18 control of the property, in accordance with sub19 section (a), shall commence conveyance of the prop20 erty to that representative of the homeless upon the 

21 recognition that the Commission’s recommended ac22 tivity to convey the property for one of those uses 

23 in subsection (a) has gained legal force. In the event 

24 a reviewed property is found to be unfit for use by 

25 the homeless, or there is no identified notice of inmstockstill on DSK4VPTVN1PROD with BILLS

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1 terest on the property by a representative of the 

2 homeless, the Federal agency shall then look to 

3 whether there are any parties that have expressed 

4 interest in the property for one of those uses in sub5 section (a) that are not homeless assistance and 

6 whether any Federal reviewing agency has certified 

7 one of those uses. If so, the Federal agency main8 taining custody or control of the property shall com9 mence conveyance of the property to that party that 

10 proposed the certified use upon the recognition that 

11 the Commission’s recommended activity to convey 

12 the property for one of those uses in subsection (a) 

13 has gained legal force. In the event that more than 

14 one party that has expressed interest in the property 

15 in this manner exists, the Federal agency shall have 

16 the discretion to choose among them. 

17 (8) OTHER OPTIONS FOR USE OF PROPERTY.— 

18 In the event a property does not qualify for, or there 

19 is no interest in a property reviewed for one of those 

20 uses described in subsection (a) upon the recognition 

21 that the Commission’s recommended activity to con22 vey the property for one of those uses in subsection 

23 (a) has gained legal force, the Federal agency shall 

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1 maining ways to implement the recommendation re2 garding the property. 

3 (d) ENVIRONMENTAL CONSIDERATIONS.— 

4 (1) NEPA APPLICATION.—The provisions of 

5 the National Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) shall not apply to the actions 

7 of the President, the Commission, or any Federal 

8 agency, in carrying out any of the Commission’s rec9 ommendations except— 

10 (A) during the process of property dis11 posal; and 

12 (B) during the process of relocating func13 tions from a property being disposed of or re14 aligned to another property after the receiving 

15 property has been selected but before the func16 tions are relocated. 

17 (2) NEPA EXCEPTIONS.—In applying the pro18 visions of the National Environmental Policy Act of 

19 1969 to the processes referred to in subsection 

20 (d)(1), the agencies do not have to consider— 

21 (A) the need for closing or realigning the 

22 property which has been recommended for clo23 sure or realignment by the Commission; 

24 (B) the need for transferring functions to 

25 another Federal civilian property; or 

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1 (C) any alternative path, not associated 

2 with an environmental choice, to those rec3 ommended or selected. 

4 (3) CIVIL ACTION.—A civil action for judicial 

5 review, with respect to any requirement of the Na6 tional Environmental Policy Act of 1969 to the ex7 tent such Act is applicable under subsection (d)(2), 

8 of any Act or failure to act by a Federal agency dur9 ing the closing, realigning, or relocating of functions 

10 referred to in subsection (d)(2), may not be brought 

11 more than 60 days after the dates of such act or 

12 failure to act. 

13 (4) DISPOSAL ON REALIGNED PROPERTY.— 

14 Federal agencies may dispose or realign property 

15 without regard to any provision of law restricting 

16 the use of funds for disposing or realigning Federal 

17 civilian property included in any appropriations or 

18 authorization Act. 

19 (5) TRANSFER OF REAL PROPERTY.— 

20 (A) IN GENERAL.—When implementing the 

21 recommended actions pursuant to section 15 for 

22 properties that have been identified in the Com23 mission’s recommendations and in compliance 

24 with the Comprehensive Environmental Re25 sponse, Compensation, and Liability Act of 

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1 1980 (42 U.S.C. 9601 et seq.), including sec2 tion 120(h) thereof (42 U.S.C. 9620(h)), Fed3 eral agencies may enter into an agreement to 

4 transfer by deed real property with any person. 

5 (B) ADDITIONAL TERMS.—The head of the 

6 disposing agency may require any additional 

7 terms and conditions in connection with an 

8 agreement authorized by subparagraph (A) as 

9 the head of the disposing agency considers ap10 propriate to protect the interests of the United 

11 States. Such additional terms and conditions 

12 shall not affect or diminish any rights or obliga13 tions of the Federal agencies under section 

14 120(h) of the Comprehensive Environmental 

15 Response, Compensation, and Liability Act of 

16 1980 (including the requirements of section 

17 120(h)(3)(A) and (C)(iv) of that Act. 

18 (6) INFORMATION DISCLOSURE.—As part of an 

19 agreement pursuant to this Act, the agency shall 

20 disclose to the person to whom the property or facili21 ties will be transferred any information of the Fed22 eral agency regarding the environmental restoration, 

23 waste management, and environmental compliance 

24 activities described in this Act that relate to the 

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1 property or facilities. The agency shall provide such 

2 information before entering into the agreement. 

3 (e) CONSTRUCTION OF CERTAIN ACTS.—Nothing in 

4 this section shall be construed to modify, alter, or amend 

5 the Comprehensive Environmental Response, Compensa6 tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

7 or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 

8 SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED 

9 PROJECTS. 

10 (a) Section 3307(b) of title 40, United States Code 

11 is amended by— 

12 (1) striking ‘‘and’’ at the end of paragraph (6); 

13 (2) striking the period at the end of paragraph 

14 (7); and 

15 (3) adding at the end the following: 

16 ‘‘(8) a statement of how the proposed project is 

17 consistent with section 11(b) of the Civilian Prop18 erty Realignment Act; and 

19 ‘‘(9) for all proposed leases, including operating 

20 leases, the amount of the net present value of— 

21 ‘‘(A) the total estimated legal obligations 

22 of the Government over the life of the contract; 

23 and 

24 ‘‘(B) the cost of constructing new space.’’. 

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1 SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

2 (a) LIMITATION ON CERTAIN LEASING AUTHORI3 TIES.—Chapter 33 of title 40, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘3317. LIMITATION ON LEASING AUTHORITY OF OTHER 

6 AGENCIES. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) LIMITATION.—Notwithstanding any other 

9 provision of law, no executive agency may lease 

10 space for the purposes of a public building as de11 fined under section 3301, except as provided under 

12 section 585 and the provisions of in this chapter. 

13 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

14 apply to the United States Postal Service or the 

15 Central Intelligence Agency. 

16 ‘‘(b) PUBLIC BUILDING.—For the purposes of this 

17 section, the term ‘public building’ shall include leased 

18 space. 

19 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

20 be construed as creating new authority for executive agen21 cies to enter into leases or limit the authority of the Ad22 ministration under section 3314.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for such 

24 chapter is amended by adding at the end: 

‘‘3317. Limitation on Leasing Authority of Other Agencies.’’. 

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1 SEC. 21. IMPLEMENTATION REVIEW BY GAO. 

2 Upon the date specified in section 14(i), the Comp3 troller General of the United States at least annually shall 

4 monitor, review the implementation activities of Federal 

5 agencies pursuant to section 15, and report to Congress 

6 any findings and recommendations. 

7 SEC. 22. REALIGNMENT OF REAL PROPERTY OWNED OR 

8 MANAGED BY THE BUREAU OF OVERSEAS 

9 BUILDING OPERATIONS. 

10 (a) LIST OF ASSETS.—On an annual basis, the Com11 mission shall identify and create a list of assets located 

12 outside of the United States and its territories that are 

13 owned or managed by the Department of State’s Bureau 

14 of Overseas Building Operations that may— 

15 (1) be sold for proceeds so as to reduce the ci16 vilian real property inventory and operating costs of 

17 the Federal Government; or 

18 (2) be otherwise disposed of, transferred, con19 solidated, co-located, or reconfigured so as to reduce 

20 the operating costs of the Federal Government. 

21 (b) LIST TO SECRETARY OF STATE.—The Commis22 sion shall provide this list created pursuant to subsection 

23 (a) to the Secretary of State. 

24 (c) REVIEW AND REPORT.—Not later than 90 cal25 endar days after the receipt of the list created pursuant 

26 to subsection (b), the Department of State shall review 

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1 this list and send a report to the Commission. The report 

2 shall include the conclusions of this review by the Depart3 ment of State. 

4 (d) RECOMMENDATIONS OF CERTAIN CIVILIAN REAL

5 PROPERTY ASSETS.—Consistent with section 12, the 

6 Commission may only make recommendations involving ci7 vilian real property assets that are located outside of the 

8 United States and its territories and owned or managed 

9 by the Department of State’s Bureau of Overseas Building 

10 Operations if the assets are on the list provided to the 

11 Department of State pursuant to this section and the De12 partment of State has submitted a report on the list to 

13 the Commission pursuant to subsection (c). 

14 (e) REMOVAL OF CERTAIN CIVILIAN REAL PROP15 ERTY TRANSACTION ASSETS.—Consistent with section 12, 

16 not later than 20 calendar days after the submission of 

17 the Commission’s report to the President, the Secretary 

18 of State may remove any transaction that involves a civil19 ian real property asset that is located outside of the 

20 United States and its territories and owned or managed 

21 by the Department of State’s Bureau of Overseas Building 

22 Operations from the Commission recommendations or list 

23 of recommendations made pursuant to section 12. 

24 (f) APPEAL BY SECRETARY OF STATE.—Nothing in 

25 this section shall restrict the ability of the Secretary of 

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1 State to appeal to the Director of OMB or Commission 

2 for funding by the Commission’s Asset Proceeds and 

3 Space Management Fund to support the cost of imple4 menting a recommendation. 

5 (g) PROCEEDS.—For the purposes of this Act, pro6 ceeds from the disposal of assets located outside of the 

7 United States and its territories that are owned or man8 aged by the Department of State’s Bureau of Overseas 

9 Building Operations as identified by the Commission and 

10 disposed of pursuant to this Act shall be deposited into 

11 the Asset Proceeds and Space Management Fund. Pro12 ceeds from the disposal of assets by the Department of 

13 State that are not disposed of pursuant to this Act shall 

14 be retained by the Department of State. 

15 SEC. 23. FEDERAL REAL PROPERTY PROFILE. 

16 (a) CONGRESSIONAL COMMITTEES.— 

17 (1) IN GENERAL.—Upon the request of the 

18 chairperson and ranking member of any committee 

19 described under paragraph (2), the Office of Man20 agement and Budget and the General Services Ad21 ministration shall— 

22 (A) provide access to the Federal Real 

23 Property Profile established in accordance with 

24 Executive Order 13327 of February 4, 2004 

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1 (69 Federal Register 5897), to that committee; 

2 and 

3 (B) make all information in the Federal 

4 Real Property Profile available to that com5 mittee. 

6 (2) COMMITTEES.—The committees referred to 

7 under paragraph (1) are— 

8 (A) the Committee on Transportation and 

9 Infrastructure of the House of Representatives; 

10 (B) the Committee on Oversight and Gov11 ernment Reform of the House of Representa12 tives; 

13 (C) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 (D) the Committee on Environmental and 

16 Public Works of the Senate; and 

17 (E) the Committees on Appropriations of 

18 the House of Representatives and the Senate. 

19 (b) GOVERNMENT ACCOUNTABILITY OFFICE.—Upon 

20 the request of the Comptroller General, the Office of Man21 agement and Budget and the General Services Adminis22 tration shall— 

23 (1) provide access to the Federal Real Property 

24 Profile established in accordance with Executive 

25 Order 13327 of February 4, 2004 (69 Federal Regmstockstill on DSK4VPTVN1PROD with BILLS

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1 ister 5897), to the Government Accountability Of2 fice; and 

3 (2) make all information in the Federal Real 

4 Property Profile available to the Government Ac5 countability Office. 

6 SEC. 24. EXCESS PROPERTY. 

7 (a) IN GENERAL.—Not later than 3 years after the 

8 date of enactment of this Act, each Federal agency shall 

9 sell, dispose, transfer, exchange, consolidate, co-locate, re10 configure, or redevelop any property that on the date of 

11 enactment of this Act is— 

12 (1) excess property as defined under section 

13 102(3) of title 40, United States Code; and 

14 (2) under the control of that Federal agency. 

15 (b) EXCEPTIONS.— 

16 (1) IN GENERAL.—Subsection (a) shall not 

17 apply to any property, if the Federal agency in con18 trol of the property submits a report to each com19 mittee described under paragraph (2) that— 

20 (A) identifies the property; and 

21 (B) states the reasons the Federal agency 

22 is not able to carry out subsection (a) with re23 spect to that property. 

24 (2) COMMITTEES.—The committees referred to 

25 under paragraph (1) are— 

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1 (A) the Committee on Transportation and 

2 Infrastructure of the House of Representatives; 

3 (B) the Committee on Oversight and Gov4 ernment Reform of the House of Representa5 tives; 

6 (C) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; 

8 (D) the Committee on Environmental and 

9 Public Works of the Senate; and 

10 (E) the Committees on Appropriations of 

11 the House of Representatives and the Senate. 

Æ 

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