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

                                                 Union Calendar No. 262
112th CONGRESS
   2d Session
                                H. R. 1734

                      [Report No. 112-384, Part I]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2011

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

                            February 1, 2012

   Additional sponsors: Mr. Huelskamp, Mr. Crawford, Mr. Kelly, Mr. 
    McHenry, Mr. Mulvaney, Mr. Bucshon, Mr. Reed, Mr. Shuster, Mr. 
 Stutzman, Mr. Nugent, Mr. Hanna, Mr. Duncan of Tennessee, Mr. Boren, 
   Mr. Costa, Mr. Gibbs, Mr. Hultgren, Mr. Barletta, Mr. Guinta, Mr. 
Landry, Mr. Meehan, Mrs. Capito, Mr. Schweikert, Mr. Long, Mr. Gary G. 
 Miller of California, Mr. Johnson of Ohio, Mrs. Myrick, Mr. Fincher, 
  Mr. Duncan of South Carolina, Mr. Westmoreland, Mr. Womack, and Mr. 
                                 Herger

                            February 1, 2012

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            February 1, 2012

The Committees on Oversight and Government Reform and Rules discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 4, 
                                 2011]

_______________________________________________________________________

                                 A BILL

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

 

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

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSES.

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

SEC. 3. DEFINITIONS.

    In this Act, unless otherwise expressly stated, the following 
definitions apply:
            (1) Federal civilian real property and civilian real 
        property.--
                    (A) Property.--The terms ``Federal civilian real 
                property'' and ``civilian real property'' refer to 
                Federal real property assets, including public 
                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) A base, camp, post, station, yard, 
                        center, homeport facility for any ship, or any 
                        activity under the jurisdiction of the 
                        Department of Defense or Coast Guard.
                            (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 properties 
                        including--
                                    (I) any property within the limits 
                                of any Indian reservation to which the 
                                United States owns title for the 
                                benefit of an Indian tribe; and
                                    (II) any property title which is 
                                held in trust by the United States for 
                                the benefit of any Indian tribe or 
                                individual or held by an Indian tribe 
                                or individual subject to restriction by 
                                the United States against alienation.
                            (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.
                            (vii) Properties used in connection with 
                        Federal programs for agricultural, 
                        recreational, and conservation purposes, 
                        including research in connection with the 
                        programs.
                            (viii) Properties used in connection with 
                        river, harbor, flood control, reclamation, or 
                        power projects.
            (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) OMB.--The term ``OMB'' means the Office of Management 
        and Budget.
            (6) Field office.--the term ``field office'' means any 
        Federal office that is not the Headquarters office location for 
        the Federal agency.

SEC. 4. COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the Civilian Property Realignment Commission, referred 
to in this Act as the ``Commission''.
    (b) Duties.--The Commission shall carry out the duties as specified 
in this Act.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of a 
        chairman appointed by the President, by and with the advice and 
        consent of the Senate, and 8 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 2 members;
                    (B) the majority leader of the Senate concerning 
                the appointment of 2 members;
                    (C) the minority leader of the House of 
                Representatives concerning the appointment of 1 member; 
                and
                    (D) the minority leader of the Senate concerning 
                the appointment of 1 member.
            (3) Terms.--The term for each member of the Commission 
        shall be 6 years.
            (4) Vacancies.--Vacancies shall be filled in the same 
        manner as the original appointment.
            (5) Qualifications.--In selecting individuals for 
        appointment to the Commission, the President shall ensure the 
        Commission contains individuals with expertise representative 
        of the following:
                    (A) Commercial real estate and redevelopment.
                    (B) Government management or operations.
                    (C) Community development, including transportation 
                and planning.
                    (D) Historic preservation.

SEC. 5. COMMISSION MEETINGS.

    (a) Open Meetings.--Each meeting of the Commission, other than 
meetings in which classified information is to be discussed, shall be 
open to the public. Any open meeting shall be announced in the Federal 
Register and the Federal website established by the Commission at least 
14 calendar days in advance of a meeting. For all public meetings, the 
Commission shall release an agenda and a listing of materials relevant 
to the topics to be discussed.
    (b) Quorum and Meetings.--Seven Commission members shall constitute 
a quorum for the purposes of conducting business and 3 or more 
Commission members shall constitute a meeting of the Commission.
    (c) Transparency of Information.--All the proceedings, information, 
and deliberations of the Commission shall be open, upon request, to the 
chairperson and the ranking minority party member, and their respective 
subcommittee chairperson and ranking minority party member, of--
            (1) the Committee on Transportation and Infrastructure of 
        the House of Representatives;
            (2) the Committee on Oversight and Government Reform of the 
        House of Representatives;
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (4) the Committee on Environmental and Public Works of the 
        Senate; and
            (5) the committees on Appropriations of the House of 
        Representatives and the Senate.
    (d) Government Accountability Office.--All proceedings, 
information, and deliberations of the Commission shall be open, upon 
request, to the Comptroller General of the United States.

SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--
            (1) Rate of pay for members.--Each member, other than the 
        Chairperson, shall be paid at a rate equal to the daily 
        equivalent of the minimum annual rate of basic pay payable for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code, for each day (including travel time) 
        during which the member is engaged in the actual performance of 
        duties vested in the Commission.
            (2) Rate of pay for chairperson.--The chairperson shall be 
        paid for each day referred to in paragraph (1) at a rate equal 
        to the daily equivalent of the minimum annual rate of basic pay 
        payable for level III of the Executive Schedule under section 
        5314, of title 5, United States Code.
    (b) Travel.--Members shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with sections 5702 and 5703 
of title 5, United States Code.

SEC. 7. EXECUTIVE DIRECTOR.

    (a) Appointment.--The Commission shall appoint an Executive 
Director and may disregard the provisions of title 5, United States 
Code, governing appointments in the competitive service.
    (b) Rate of Pay for Director.--The Executive Director shall be paid 
at the rate of basic pay payable for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code.

SEC. 8. STAFF.

    (a) Additional Personnel.--Subject to subsection (b), the Executive 
Director, with the approval of the Commission, may appoint and fix the 
pay of additional personnel.
    (b) Detail Employees From Other Agencies.--Upon request of the 
Executive Director, the head of any Federal agency may detail any of 
the personnel of that agency to the Commission to assist the Commission 
in carrying out its duties under this Act.
    (c) Qualifications.--Appointments shall be made with consideration 
of a balance of expertise consistent with the qualifications of 
representatives described in section 4(c)(5).

SEC. 9. CONTRACTING AUTHORITY.

    (a) Experts and Consultants.--The Commission may procure by 
contract, to the extent funds are available, the temporary or 
intermittent services of experts and consultants pursuant to section 
3109 of title 5, United States Code.
    (b) Space.--The Administrator, in consultation with the Commission, 
shall identify suitable excess space within the Federal space inventory 
to house the operations of the Commission. If no such space is 
available, the Commission may, notwithstanding section 20, lease space 
to the extent funds are available.
    (c) Personal Property.--The Commission may acquire personal 
property to the extent funds are available.
    (d) Receipt and Sale of Property.--The Commission may take custody, 
control, and administrative jurisdiction over Federal property pursuant 
to section 12(b) and is authorized to sell such property for no less 
than fair market value.
    (e) Use of Small Businesses.--In exercising its authorities under 
this section and section 12, the Commission shall use, to the greatest 
extent practicable, small businesses as defined by section 3 of the 
Small Business Act (15 U.S.C. 632).

SEC. 10. TERMINATION.

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

SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE COMMISSION.

    (a) Submissions of Agency Information and Recommendations.--Not 
later than 120 days after the date of enactment of this Act and 120 
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, 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.
    (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 the Federal building or facility 
        could be sold, redeveloped, or otherwise used to produce the 
        highest and best value and return for the taxpayer.
            (2) The extent to which the operating and maintenance costs 
        are reduced through consolidating, co-locating, and 
        reconfiguring space, and through realizing other operational 
        efficiencies.
            (3) The extent to which the utilization rate is being 
        maximized and is consistent with non-governmental industry 
        standards for the given function or operation.
            (4) The extent and timing of potential costs and savings, 
        including the number of years, beginning with the date of 
        completion of the proposed recommendation.
            (5) The extent to which reliance on leasing for long-term 
        space needs is reduced.
            (6) The extent to which a Federal building or facility 
        aligns with the current mission of the Federal agency.
            (7) The extent to which there are opportunities to 
        consolidate similar operations across multiple agencies or 
        within agencies.
            (8) The economic impact on existing communities in the 
        vicinity of the Federal building or facility.
            (9) The extent to which energy consumption is reduced.
    (c) Special Rule for Utilization Rates.--Standards developed by the 
Director of OMB must incorporate and apply clear standard utilization 
rates consistent throughout each category of space and with 
nongovernment space utilization rates. To the extent utilization rates 
are exceeded by a given agency, the Director shall recommend 
realignment, co-location, consolidation, or other type of action to 
improve space utilization.
    (d) Submission to the Commission.--
            (1) In general.--The standards, criteria, and 
        recommendations developed pursuant to subsection (b) shall be 
        submitted to the Commission with all supporting information, 
        data, analyses, and documentation.
            (2) Publication.--The standards, criteria, and 
        recommendations shall be published in the Federal Register and 
        transmitted to the committees designated in section 5(c) and to 
        the Comptroller General of the United States.
            (3) Access to information.--The Commission shall also have 
        access to all information pertaining to the recommendations, 
        including supporting information, data, analyses, and 
        documentation submitted pursuant to subsection (a). Upon 
        request, Federal agencies shall provide, the Commission any 
        additional information pertaining to its properties.

SEC. 12. COMMISSION DUTIES.

    (a) Identification of Property Reduction Opportunities.--The 
Commission shall identify opportunities for the Government to reduce 
significantly its inventory of civilian real property and reduce costs 
to the Government.
    (b) Identification of High Value Assets.--
            (1) Identification of certain properties.--Not later than 
        180 days after Commission members are appointed pursuant to 
        section 4, 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) Leaseback restrictions.--None of the existing 
        improvements on properties sold under this subsection may be 
        leased back to the Federal Government.
            (3) 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.
            (4) 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.
            (5) 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), the Commission shall sell the properties 
        described in paragraph (1) at fair market value at highest and 
        best use.
            (6) Proceeds.--The proceeds shall be distributed in 
        accordance with 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.--The Commission shall conduct public hearings. 
All testimony before the Commission at a public hearing under this 
paragraph shall be presented under oath.
    (g) Reporting of Information and Recommendations.--
            (1) In general.--Not later than 120 days after the receipt 
        of recommendations pursuant to section 11, and biannually 
        thereafter, the Commission shall, at a minimum, transmit to the 
        President, and publicly post on a Federal website maintained by 
        the Commission a report containing the Commission's findings, 
        conclusions, and recommendations for the consolidation, 
        exchange, co-location, reconfiguration, lease reductions, sale, 
        and redevelopment of Federal civilian real properties and for 
        other operational efficiencies that can be realized in the 
        Government's operation and maintenance of such properties.
            (2) Consensus in majority.--The Commission shall seek to 
        develop consensus recommendations, but if a consensus cannot be 
        obtained, the Commission may include in its report 
        recommendations that are supported by a majority of the 
        Commission.
    (h) Federal Website.--The Commission shall establish and maintain a 
Federal website for the purposes of making relevant information 
publically available.
    (i) Review by GAO.--The Comptroller General of the United States 
shall transmit to the Congress and to the Commission a report 
containing a detailed analysis of the recommendations and selection 
process.

SEC. 13. REVIEW BY THE PRESIDENT.

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

SEC. 14. CONGRESSIONAL CONSIDERATION OF THE RECOMMENDATIONS.

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

SEC. 15. IMPLEMENTATION OF COMMISSION RECOMMENDATIONS.

    (a) Carrying Out Recommendations.--Upon the date specified in 
section 14(i), Federal agencies shall immediately begin preparation to 
carry out the Commission's recommendations and shall initiate all 
activities no later than 2 years 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 6-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 6-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 continue to act within their 
existing legal authorities, whether such authority has been delegated 
by the Administrator, or must work in partnership with the 
Administrator to carry out such actions. The Administrator may take 
such necessary and proper actions, including the sale, conveyance, or 
exchange of civilian real property, as required to implement the 
Commission recommendations in the time period required under subsection 
(a). The Administrator shall enter into and use commission-based 
contracts for real estate services to assist in carrying out property 
transactions required by the Commission's recommendations.
    (d) Discretion of Commission Regarding Transactions.--For any 
transaction identified, recommended, or commenced as a result of this 
Act, any otherwise required legal priority given to, or requirement to 
enter into, a transaction to convey a Federal civilian real property 
for less than fair market value, for no consideration at all, or in a 
transaction that mandates the exclusion of other market participants, 
shall be at the discretion of the Commission.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized a one-time appropriation to 
carry out this Act in the following amounts:
            (1) $20,000,000 for salaries and expenses of the 
        Commission.
            (2) $62,000,000 to be deposited into the Asset Proceeds and 
        Space Management Fund for activities related to the 
        implementation of the Commission recommendations.
    (b) Federal Buildings Fund.--There is authorized to be appropriated 
from the Federal Buildings Fund established under section 592 of title 
40, United States Code, for construction and acquisition activities $0 
for fiscal year 2012.

SEC. 17. FUNDING.

    (a) Creation of Salaries and Expenses Account.--There is hereby 
established on the books of the Treasury an account to be known as the 
``Civilian Property Realignment Commission--Salaries and Expenses'' 
account.
            (1) Necessary payments.--There shall be deposited into the 
        account such amounts, as are provided in appropriations Acts, 
        for those necessary payments for salaries and expenses to 
        accomplish the administrative needs of the Commission.
            (2) No appropriations.--If no amounts are appropriated for 
        the salaries and expenses of the Commission for a particular 
        fiscal year, the Director of the Office of Management and 
        Budget may support the Commission's activities under this Act 
        during such year if the Director approves, 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, 
        subject to subsection (b)(3) and (4) of this section.
    (b) Creation of Asset Proceeds and Space Management Fund.--There is 
hereby established within the Federal Buildings Fund established under 
section 592 of title 40, United States Code, an account to be known as 
the ``Civilian Property Realignment Commission--Asset Proceeds and 
Space Management Fund'' which shall be 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:
            (1) Such amounts as are provided in appropriations Acts, to 
        remain available until expended, for the consolidation, co-
        location, exchange, redevelopment, re-configuration of space 
        and other actions recommended by the Commission for Federal 
        agencies.
            (2) Gross proceeds received from the proceeds of any 
        civilian real property action taken pursuant to a 
        recommendation of the Commission under section 15. The 
        Commission, in consultation with the Administrator, may 
        transfer from the gross proceeds to a Federal agency, only 
        amounts necessary to cover costs directly associated with sales 
        transactions pursuant to implementing the recommendations 
        pursuant to section 15.
            (3) Net proceeds (which are gross proceeds received from 
        the sale of any civilian real property pursuant to a 
        recommendation of the Commission, less the amounts transferred 
        from this account under subsection (b)(2)), 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, except that the 
        General Fund shall receive--
                    (A) 100 percent of all net proceeds in a fiscal 
                year until the total amount of net proceeds in that 
                fiscal year exceeds $50,000,000; and
                    (B) at least 60 percent of the net proceeds 
                thereafter in that fiscal year.
            (4) The Commission, in consultation with the Administrator, 
        may transfer from the net proceeds deposited into the Space 
        Management Fund pursuant to paragraph (3) to a Federal agency, 
        amounts necessary to cover costs associated with implementing 
        the recommendations pursuant to section 15 not necessary for 
        the purposes of sale transactions pursuant to paragraph (2) of 
        this subsection. In support of its duties, the Commission, in 
        consultation with the Administrator, may transfer from the net 
        proceeds of the Space Management Fund to a Federal agency, 
        amounts--
                    (A) to cover the necessary costs associated with--
                            (i) consolidation, co-location, 
                        redevelopment, and reconfiguration actions; and
                            (ii) other actions taken to otherwise 
                        realize operational efficiencies, including 
                        such actions as environmental restoration; and
                    (B) for outplacement assistance to Federal 
                employees who work at a Federal property that is 
                affected by actions taken under this section, and whose 
                employment would be terminated as a result of such 
                disposal, consolidation, or other realignment.

SEC. 18. DISPOSAL OF REAL PROPERTIES.

    (a) 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) sections 1 through 3 of the Act of May 19, 1948 (Chap. 
        310; 62 Stat. 240; 16 U.S.C. 667b-667d);
            (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 13(d) of the Surplus Property Act of 1944 (50 
        U.S.C. App. 1622(d)); and
            (9) any other provision of law authorizing the conveyance 
        of real property owned by the Government for no consideration.
    (b) 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 (b)(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 (b)(2), of any Act or failure to act by a Federal 
        agency during the closing, realigning, or relocating of 
        functions referred to in subsection (b)(2), may not be brought 
        more than 60 days after the dates of such act or failure to 
        act.
            (4) Disposal of realigned property.--Federal agencies may 
        dispose or realign property without regard to any provision of 
        law described in subsection (a), 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 CERCLA section 120(h) 
                (including, without limitation, the requirements CERCLA 
                section 120(h)(3)(A) and CERCLA section 
                120(h)(3)(C)(iv)).
            (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.
    (c) Construction of Certain Acts.--Nothing in this section shall be 
construed to modify, alter, or amend the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

    Section 3307(b) of title 40, United States Code is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by 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.''.

SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES.

    (a) Limitation on Certain Leasing Authorities.--Chapter 33 of title 
40, United States Code, is amended by adding at the end the following:
``Sec.  3317. Limitation on leasing authority of other agencies
    ``(a) In General.--Notwithstanding any other provision of law, no 
executive agency may lease space for the purposes of a public building 
as defined under section 3301, except as provided under section 585, 
and the provisions in this chapter.
    ``(b) Public Building.--For the purposes of this section, the term 
`public building' shall include leased space.
    ``(c) Further Exclusions.--This section shall not apply to--
            ``(1) properties that are excluded for reasons of national 
        security by the President; and
            ``(2) properties of the Department of Veterans Affairs.
    ``(d) 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) Small Businesses.--When using commercial leasing services, the 
Administrator shall adhere to the requirements of the Small Business 
Act (15 U.S.C. et seq.).
    (c) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end:

``3317. Limitation on leasing authority of other agencies.''.

SEC. 21. IMPLEMENTATION REVIEW BY GAO.

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

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

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

SEC. 23. NATIONAL WOMEN'S HISTORY MUSEUM.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Cercla.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (3) Committees.--The term ``Committees'' means the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate.
            (4) Museum.--The term ``Museum'' means the National Women's 
        History Museum, Inc., a District of Columbia nonprofit 
        corporation exempt from taxation pursuant to section 501(c)(3) 
        of the Internal Revenue Code of 1986.
            (5) Property.--Except as provided in section 25 of this 
        Act, the term ``Property'' means the property located in the 
        District of Columbia, subject to survey and as determined by 
        the Administrator, generally consisting of Squares 325 and 326 
        and a portion of Square 351. The Property is generally bounded 
        by 12th Street, Independence Avenue, C Street, and the James 
        Forrestal Building, all in Southwest Washington, District of 
        Columbia, and shall include all associated air rights, 
        improvements thereon, and appurtenances thereto.
    (b) Conveyance of Property.--
            (1) Authority to convey.--
                    (A) In general.--Subject to the requirements of 
                this section, the Administrator shall convey the 
                Property to the Museum, on such terms and conditions as 
                the Administrator considers reasonable and appropriate 
                to protect the interests of the United States and 
                further the purposes of this section.
                    (B) Agreement.--As soon as practicable, but not 
                later than 180 days after the date of enactment of this 
                Act, the Administrator shall enter into an agreement 
                with the Museum for the conveyance.
                    (C) Terms and conditions.--The terms and conditions 
                of the agreement shall address, among other things, 
                mitigation of developmental impacts to existing Federal 
                buildings and structures, security concerns, and 
                operational protocols for development and use of the 
                property and provisions to provide for the exercise by 
                the Museum of its right of first refusal pursuant to 
                section 25.
            (2) Purchase price.--
                    (A) In general.--The purchase price for the 
                Property shall be its fair market value based on its 
                highest and best use as determined by an independent 
                appraisal commissioned by the Administrator and paid 
                for by the Museum.
                    (B) Selection of appraiser.--The appraisal shall be 
                performed by an appraiser mutually acceptable to the 
                Administrator and the Museum.
                    (C) Terms and conditions for appraisal.--
                            (i) In general.--Except as provided in 
                        clause (ii), the assumptions, scope of work, 
                        and other terms and conditions related to the 
                        appraisal assignment shall be mutually 
                        acceptable to the Administrator and the Museum.
                            (ii) Required terms.--The appraisal shall 
                        assume that the Property does not contain 
                        hazardous substances (as defined in section 101 
                        of CERCLA (42 U.S.C. 9601)) or any other 
                        hazardous waste or pollutant that requires a 
                        response action or corrective action under any 
                        applicable environmental law.
            (3) Application of proceeds.--The purchase price shall be 
        paid into an account in the Federal Buildings Fund established 
        under section 592 of title 40, United States Code. Upon 
        deposit, the proceeds from the conveyance may only be expended 
        subject to a specific future appropriation.
            (4) Quit claim deed.--The Property shall be conveyed 
        pursuant to a quit claim deed.
            (5) Use restriction.--The Property shall be dedicated for 
        use as a site for a national women's history museum for the 99-
        year period beginning on the date of conveyance to the Museum.
            (6) Funding restriction.--No Federal funds shall be made 
        available--
                    (A) to the Museum for--
                            (i) the purchase of the Property; or
                            (ii) the design and construction of any 
                        facility on the Property; or
                    (B) by the Museum or any affiliate of the Museum as 
                a credit pursuant to subsection (c).
            (7) Reversion.--
                    (A) Bases for reversion.--The Property shall revert 
                to the United States, at the option of the United 
                States, without any obligation for repayment by the 
                United States of any amount of the purchase price for 
                the property, if--
                            (i) the Property is not used as a site for 
                        a national women's history museum at any time 
                        during the 99-year period referred to in 
                        subsection (e); or
                            (ii) the Museum has not commenced 
                        construction of a museum facility on the 
                        Property in the 5-year period beginning on the 
                        date of enactment of this Act, other than for 
                        reasons beyond the control of the Museum as 
                        reasonably determined by the Administrator.
                    (B) Enforcement.--The Administrator may perform any 
                acts necessary to enforce the reversionary rights 
                provided in this section.
                    (C) Custody of property upon reversion.--If the 
                Property reverts to the United States pursuant to this 
                section, such property shall be under the custody and 
                control of the Administrator.
            (8) Closing.--The conveyance pursuant to this section shall 
        occur not later than 3 years after the date of enactment of 
        this Act. The Administrator may extend that period for such 
        time as is reasonably necessary for the Museum to perform its 
        obligations under section subsection (c).
    (c) Environmental Matters.--
            (1) Authorization to contract for environmental response 
        actions.--In fulfilling the responsibility of the Administrator 
        to address contamination on the Property, the Administrator may 
        contract with the Museum or an affiliate of the Museum for the 
        performance (on behalf of the Administrator) of response 
        actions on the Property.
            (2) Crediting of response costs.--
                    (A) In general.--Any costs incurred by the Museum 
                or an affiliate of the Museum using non-Federal funding 
                pursuant to paragraph (1) shall be credited to the 
                purchase price for the Property.
                    (B) Limitation.--A credit under subparagraph (A) 
                shall not exceed the purchase price of the Property.
            (3) No effect on compliance with environmental laws.--
        Nothing in this section, or any amendment made by this section, 
        affects or limits the application of or obligation to comply 
        with any environmental law, including section 120(h) of CERCLA 
        (42 U.S.C. 9620(h)).
    (d) Incidental Costs.--Subject to subsection (c), the Museum shall 
bear any and all costs associated with complying with the provisions of 
this section, including studies and reports, surveys, relocating 
tenants, and mitigating impacts to existing Federal buildings and 
structures resulting directly from the development of the property by 
the Museum.
    (e) Land Use Approvals.--
            (1) Existing authorities.--Nothing in this section shall be 
        construed as limiting or affecting the authority or 
        responsibilities of the National Capital Planning Commission or 
        the Commission of Fine Arts.
            (2) Cooperation.--
                    (A) Zoning and land use.--Subject to subparagraph 
                (B), the Administrator shall reasonably cooperate with 
                the Museum with respect to any zoning or other land use 
                matter relating to development of the Property in 
                accordance with this section. Such cooperation shall 
                include consenting to applications by the Museum for 
                applicable zoning and permitting with respect to the 
                Property.
                    (B) Limitations.--The Administrator shall not be 
                required to incur any costs with respect to cooperation 
                under this subsection and any consent provided under 
                this subsection shall be premised on the Property being 
                developed and operated in accordance with this section.
    (f) Reports.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter until the end of the 5-year period 
following conveyance of the Property or until substantial completion of 
the museum facility (whichever is later), the Museum shall submit 
annual reports to the Administrator and the Committees detailing the 
development and construction activities of the Museum with respect to 
this section.

SEC. 24. FACILITIES CONSOLIDATION, SAVINGS, AND EFFICIENCY.

    (a) Transfer.--Notwithstanding any other provision of law and not 
later than December 31, 2012, the Administrator of General Services 
shall transfer administrative jurisdiction, custody, and control of the 
building located at 600 Pennsylvania Avenue, NW., District of Columbia, 
to the National Gallery of Art for the purpose of housing and 
exhibiting works of art and to carry out administrative functions and 
other activities related to the mission of the National Gallery of Art.
    (b) Remodeling, Renovating, or Reconstructing.--
            (1) In general.--The National Gallery of Art shall pay for 
        the costs of remodeling, renovating, or reconstructing the 
        building referred to in subsection (a).
            (2) Federal share.--No appropriated funds may be used for 
        the initial costs for the remodeling, renovating, or 
        reconstructing of the building referred to in subsection (a).
            (3) Prohibition.--The National Gallery of Art may not use 
        sale, lease, or exchange, including leaseback arrangements, for 
        the purposes of remodeling, renovating, or reconstructing the 
        building referred to in subsection (a).
    (c) Relocation of the Federal Trade Commission.--
            (1) Relocation.--Not later than December 31, 2012, the 
        Administrator of General Services shall relocate the Federal 
        Trade Commission employees and operations housed in the 
        building identified in subsection (a) to not more than 160,000 
        usable square feet of space in the southwest quadrant of the 
        leased building known as Constitution Center located at 400 7th 
        Street, Southwest in the District of Columbia.
            (2) Occupancy agreement.--Not later than 30 days after the 
        date of enactment of this Act, the Administrator of General 
        Services and the Securities and Exchange Commission shall 
        execute an agreement to assign or sublease the space (leased 
        pursuant to a Letter Contract entered into by the Securities 
        and Exchange Commission on July 28, 2010), as described in 
        paragraph (1), for the purposes of housing the Federal Trade 
        Commission employees and operations relocating from the 
        building located at 600 Pennsylvania Avenue, NW., District of 
        Columbia, pursuant to paragraph (1) of this subsection.
    (d) National Gallery of Art.--Beginning on the date that the 
National Gallery of Art occupies the building referred to in subsection 
(a)--
            (1) the building shall be known and designated as the 
        ``North Building of the National Gallery of Art''; and
            (2) any reference in a law, map, regulation, document, 
        paper, or other record of the United States to the building 
        shall be deemed to be a reference to the ``North Building of 
        the National Gallery of Art''.
    (e) Discretionary Authorization Reductions.--
            (1) Energy and water retrofit and conservation.--The 
        authorization of appropriations for the energy and water 
        retrofit and conservation measures program of the General 
        Services Administration shall be reduced from $20,000,000 to $0 
        for fiscal years 2012 and 2013.
            (2) Wellness and fitness program.--The authorization of 
        appropriations for the wellness and fitness program of the 
        General Services Administration shall be reduced from 
        $7,000,000 to $0 for fiscal years 2012 and 2013.

SEC. 25. ADDITIONAL SALES AND SAVINGS.

    (a) Definition.--In this section, the term ``Property'' means the 
property located in the District of Columbia, subject to survey and as 
determined by the Administrator, generally consisting of Squares 351 N, 
351, 352, 325, 326, and the portion of Square 383 containing the north 
building of the James Forrestal Building Complex. The Property is 
generally bounded by Independence Avenue, 12th Street, Maryland Avenue, 
and 9th Street in Southwest, Washington D.C.
    (b) Sale.--Not later than December 31, 2013, the Administrator 
shall sell the Property at fair market value at highest and best use 
only if the Administrator determines such sale would result in net 
proceeds, as defined in subsection (d)(2), to the Federal Government 
exceeding $200 million.
    (c) Leaseback Restriction.--If the Property is sold pursuant to 
subsection (b), none of the existing improvements on the Property may 
be leased back to the Federal Government.
    (d) Application of Proceeds.--
            (1) Gross proceeds.--Proceeds derived from the sale of the 
        Property shall be used by the Administrator to provide for not 
        more than 320,000 square feet of government-owned replacement 
        space for the federal agency functions housed on the Property.
            (2) Net proceeds.--Any net proceeds received, exceeding the 
        expenses pursuant to paragraph (1) shall be paid into an 
        account in the Federal Buildings Fund established under section 
        592 of title 40, United States Code. Upon deposit, the net 
        proceeds from the sale may only be expended subject to a 
        specific future appropriation.
    (e) Right of First Refusal.--The Administrator shall provide the 
Museum as defined in section 23, a right of first refusal to purchase, 
pursuant to the provisions of such section, the parcel generally 
consisting of Squares 351 N and portions of 325, generally bounded by 
Independence Avenue on the north, 12th Street on the west, 10th Street 
on the east, and through a portion of Square 325 on the south in 
Southwest, Washington, D.C.
    (f) Determination of Proceeds.--If the Administrator determines the 
net proceeds derived from the sale of the Property would not exceed 
$200 million, the Administrator shall sell at fair market value at 
highest and best use Square 326, including the vacant building known as 
the ``Cotton Annex'', not later than 180 days following the 
determination of the Administrator, and shall sell the Property as 
defined in section 23 in accordance with the provisions of that 
section.
    (g) Sale of Property.--If the Museum agrees not to exercise its 
first right of refusal under this section, the Administrator shall sell 
the Property described under subsection (a) of section 23 in accordance 
with the provisions of such section.

SEC. 26. RESTRICTION ON USE OF FUNDS.

    (a) Restriction on Use of Funds.--Notwithstanding any other 
provision of law, the Administrator of General Services shall not use 
funds appropriated for constructing a new courthouse in Los Angeles, 
California in the Federal Buildings Fund established under section 592 
of title 40, United States Code, except as provided for in a specific 
future appropriation.
    (b) Sale of Certain Property.--Not later than December 31, 2013, 
the Administrator of General Services shall sell at fair market value 
at highest and best use any property purchased or otherwise acquired 
for the purposes of constructing a new courthouse described in 
subsection (a).
                                                 Union Calendar No. 262

112th CONGRESS

   2d Session

                               H. R. 1734

                      [Report No. 112-384, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            February 1, 2012

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                            February 1, 2012

The Committees on Oversight and Government Reform and Rules discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```