I 

112TH CONGRESS 

1ST SESSION H. R. 1734 

To decrease the deficit by realigning, consolidating, selling, disposing, and 

improving the efficiency of Federal buildings and other civilian real 

property, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2011 

Mr. DENHAM introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Oversight and Government Reform and Rules, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To decrease the deficit by realigning, consolidating, selling, 

disposing, and improving the efficiency of Federal buildings and other civilian real property, and for other purposes. 

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’’. 


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1 SEC. 2. PURPOSE. 

2 The purposes of this Act are to— 

3 (1) consolidate the footprint of Federal build4 ings and facilities; 

5 (2) maximize the utilization rate of Federal 

6 buildings and facilities; 

7 (3) reduce the reliance on costly leased space; 

8 (4) sell or redevelop high value assets that are 

9 underutilized to obtain the highest and best value 

10 for the taxpayer; 

11 (5) reduce the operating and maintenance costs 

12 of Federal civilian real properties through the re13 alignment of other real properties through consoli14 dating, co-locating, and reconfiguring space, and 

15 other operational efficiencies; 

16 (6) reduce redundancy, overlap, and costs asso17 ciated with field offices; 

18 (7) create incentives for federal agencies to 

19 achieve greater efficiency in their inventories of civil20 ian real property by enabling agencies to retain and 

21 reinvest savings and sale proceeds; 

22 (8) facilitate and expedite the sale or disposal 

23 of unneeded civilian properties; and 

24 (9) assist federal agencies in achieving the Gov25 ernment’s sustainability goals by reducing excess 


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

2 by leveraging new technologies. 

3 SEC. 3. DEFINITIONS. 

4 As used in this Act— 

5 (a) FEDERAL CIVILIAN REAL PROPERTY AND CIVIL6 IAN REAL PROPERTY.— 

7 (1) PROPERTY.—The terms ‘‘Federal civilian 

8 real property’’ and ‘‘civilian real property’’ refer to 

9 Federal real property assets, including Federal 

10 buildings as defined in section 3301 of title 40, 

11 United States Code, occupied and improved grounds, 

12 leased space, or other physical structures under the 

13 custody and control of any federal agency. 

14 (2) FURTHER EXCLUSIONS.—Subsection (a)(1) 

15 shall not be construed as including any of the fol16 lowing types of property: 

17 (A) Military installations as defined in Sec18 tion 2910 of the Defense Base Closure and Re19 alignment Act of 1990. 

20 (B) Properties that are excluded for rea21 sons of national security by the Director of the 

22 Office of Management and Budget. 

23 (C) Properties that are excepted from the 

24 definition of ‘‘property’’ under section 102(9) of 

25 title 40, United States Code. 


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1 (b) FEDERAL AGENCY.—The term ‘‘federal agency’’ 

2 means an executive department or independent establish3 ment in the executive branch of the Government, and a 

4 wholly owned Government corporation. 

5 (c) ADMINISTRATOR.—The term ‘‘Administrator’’ 

6 means the Administrator of General Services. 

7 (d) COMMISSION.—The term ‘‘Commission’’ means 

8 the Civilian Property Realignment Commission. 

9 SEC. 4. COMMISSION. 

10 (a) ESTABLISHMENT.—There is established an inde11 pendent commission to be known as the Civilian Property 

12 Realignment Commission, referred to in this Act as the 

13 ‘‘Commission’’. 

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

15 duties as specified in this Act. 

16 (c) MEMBERSHIP.— 

17 (1) The Commission shall be composed of nine 

18 members appointed by the President, by and with 

19 the advice and consent of the Senate. 

20 (2) In selecting individuals for nominations for 

21 appointments to the Commission, the President shall 

22 consult with— 

23 (A) the Speaker of the House of Rep24 resentatives concerning the appointment of two 

25 members; 


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1 (B) the majority leader of the Senate con2 cerning the appointment of two members; 

3 (C) the minority leader of the House of 

4 Representatives concerning the appointment of 

5 one member; and 

6 (D) the minority leader of the Senate con7 cerning the appointment of one member. 

8 (3) CHAIRPERSON.—The President shall des9 ignate one such individual to serve as chairperson of 

10 the Commission. 

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

12 Commission shall be six years. 

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

14 the same manner as the original appointment. 

15 (6) 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. 


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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. For all public meetings, the 

8 Commission shall release an agenda and a listing of mate9 rials relevant to the topics discussed. 

10 (b) TRANSPARENCY OF INFORMATION.—All the pro11 ceedings, information, and deliberations of the Commis12 sion shall be open, upon request, to the chairman and the 

13 ranking minority party member, and their respective sub14 committee chairman and ranking minority party member, 

15 of— 

16 (1) the Committee on Transportation and In17 frastructure of the House of Representatives; 

18 (2) the Committee on Oversight and Govern19 ment Reform of the House of Representatives; 

20 (3) the Committee on Homeland Security and 

21 Governmental Affairs of the Senate; and 

22 (4) the Committee on Environmental and Pub23 lic Works of the Senate. 

24 (c) GOVERNMENT ACCOUNTABILITY OFFICE.—All 

25 the proceedings, information, and deliberations of the 


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1 Commission shall be open, upon request, to the Comp2 troller General of the United States. 

3 SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 

4 (a) COMPENSATION.— 

5 (1) Each member, other than the Chairperson, 

6 shall be paid at a rate equal to the daily equivalent 

7 of the minimum annual rate of basic pay payable for 

8 level IV of the Executive Schedule under section 

9 5315 of title 5, United States Code, for each day 

10 (including travel time) during which the member is 

11 engaged in the actual performance of duties vested 

12 in the Commission. 

13 (2) The chairperson shall be paid for each day 

14 referred to in paragraph (1) at a rate equal to the 

15 daily equivalent of the minimum annual rate of basic 

16 pay payable for level III of the Executive Schedule 

17 under section 5314, of title 5, United States Code. 

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

19 including per diem in lieu of subsistence, in accordance 

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

21 Code. 

22 SEC. 7. EXECUTIVE DIRECTOR. 

23 (a) The Commission shall appoint an Executive Di24 rector. 


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1 (b) The Executive Director shall be paid at the rate 

2 of basic pay payable for level IV of the Executive Schedule 

3 under section 5315 of title 5, United States Code. 

4 SEC. 8. STAFF. 

5 (a) Subject to subsection (b), the Executive Director, 

6 with the approval of the Commission, may appoint and 

7 fix the pay of additional personnel. 

8 (b) The Executive Director may make such appoint9 ments without regarding to the provisions of title 5, 

10 United States Code, governing appointments in the com11 petitive service, and any personnel so appointed may be 

12 paid without regard to the provisions of chapter 51 and 

13 subchapter III of chapter 53 of that title relating to classi14 fication and General Schedule pay rates, except that an 

15 individual so appointed may not receive pay in excess of 

16 GS–15 of the General Schedule. 

17 (c) Upon request of the Executive Director, the head 

18 of any Federal department or agency may detail any of 

19 the personnel of that department or agency to the Com20 mission to assist the Commission in carrying out its duties 

21 under this Act. 

22 (d) The Comptroller General of the United States 

23 may provide assistance, including the detailing of employ24 ees, to the Commission in accordance with an agreement 

25 entered into with the Commission. 


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1 SEC. 9. CONTRACTING AUTHORITY. 

2 (a) The Commission may procure by contract, to the 

3 extent funds are available, the temporary or intermittent 

4 services of experts and consultants pursuant to section 

5 3109 of title 5, United States Code. 

6 (b) The Commission may lease space and acquire per7 sonal property to the extent funds are available. 

8 SEC. 10. TERMINATION. 

9 The Commission shall cease operations and terminate 

10 six years from the date of enactment of this Act. 

11 SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE 

12 COMMISSION. 

13 (a) Not later than 120 days of enactment of this Act 

14 and 120 days following the beginning of each fiscal year 

15 thereafter, federal agencies shall submit to the Adminis16 trator and the chairperson of the Federal Real Property 

17 Council, established pursuant to Executive Order 13327: 

18 (1) Current data of all Federal civilian real 

19 properties owned, leased or controlled by the respec20 tive agency, included all relevant information pre21 scribed by the Administrator and the chairperson of 

22 the Federal Real Property Council. 

23 (2) Recommendations which shall include: 

24 (A) Federal civilian properties that can be 

25 sold for proceeds and otherwise disposed of, 

26 transferred, exchanged, consolidated, co-located, 


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1 reconfigured, or redeveloped, so as to reduce 

2 the civilian real property inventory, reduce the 

3 operating costs of the Federal Government, and 

4 create the highest value for the taxpayer. 

5 (B) Operational efficiencies that the Fed6 eral Government can realize in its operation 

7 and maintenance of Federal civilian real prop8 erties. 

9 (b) The Administrator, in consultation with the chair10 person of the Federal Real Property Council shall, not 

11 later than 60 days following the date specified in sub12 section (a), review recommendations submitted pursuant 

13 to subsection (a), develop standards and criteria and de14 velop recommendations based on those standards and cri15 teria. In developing the standards and criteria, the Admin16 istrator, in consultation with the chairperson of the Fed17 eral Real Property Council shall incorporate the following 

18 principles: 

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

20 facility aligns with the current mission of the federal 

21 agency. 

22 (2) The extent to which there are opportunities 

23 to consolidate similar operations across multiple 

24 agencies or within agencies. 


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1 (3) The extent and timing of potential costs 

2 and savings, including the number of years, begin3 ning with the date of completion of the proposed rec4 ommendation. 

5 (4) The economic impact on existing commu6 nities in the vicinity of the Federal building or facil7 ity. 

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

9 being maximized and is consistent with non-govern10 mental industry standards for the given function or 

11 operation. 

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

13 long-term space needs is reduced. 

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

15 facility could be redeveloped or otherwise used to 

16 produce the highest and best value for the taxpayer. 

17 (8) The extent to which the operating and 

18 maintenance costs are reduced through consoli19 dating, co-locating, and reconfiguring space, and 

20 through realizing other operational efficiencies. 

21 (9) The extent to which energy consumption is 

22 reduced. 

23 (c) SUBMISSION TO THE COMMISSION.— 

24 (1) The standards, criteria, and recommenda25 tions developed pursuant to subsection (b) shall be 


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1 submitted to the Commission with all supporting in2 formation, data, analyses, and documentation. 

3 (2) The standards, criteria, and recommenda4 tions shall be published in the Federal Register and 

5 transmitted to the committees designated in section 

6 5(b) of this Act and to the Comptroller General of 

7 the United States. 

8 (3) The Commission shall also have access to 

9 all information pertaining to the recommendations, 

10 including supporting information, data, analyses, 

11 and documentation submitted pursuant to subsection 

12 (a). 

13 SEC. 12. COMMISSION DUTIES. 

14 (a) IDENTIFICATION OF PROPERTY REDUCTION OP15 PORTUNITIES.—The Commission shall identify opportuni16 ties for the Government to reduce significantly its inven17 tory of civilian real property and reduce costs to the Fed18 eral Government. 

19 (b) ANALYSIS OF INVENTORY.—The Commission 

20 shall perform an independent analysis of the inventory of 

21 Federal civilian real property and the recommendations 

22 submitted pursuant to section 11. 

23 (c) PUBLIC HEARING.—After performing an inde24 pendent analysis and reviewing the recommendations, the 

25 Commission shall conduct public hearings. All testimony 


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1 before the Commission at a public hearing under this 

2 paragraph shall be presented under oath. 

3 (d) REPORTING OF INFORMATION AND REC4 OMMENDATIONS.— 

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

6 after the receipt of recommendations pursuant to 

7 section 11, and biennially thereafter, the Commis8 sion shall, at a minimum, transmit to the President, 

9 and publicly post on a Federal website maintained 

10 by the Commission a report containing the Commis11 sion’s findings, conclusions, and recommendations 

12 for the consolidation, exchange, co-location, reconfig13 uration, lease reductions, sale, and redevelopment of 

14 Federal civilian real properties and for other oper15 ational efficiencies that can be realized in the Gov16 ernment’s operation and maintenance of such prop17 erties. 

18 (2) CONSENSUS IN MAJORITY.—The Commis19 sion shall seek to develop consensus recommenda20 tions, but if consensus cannot be obtained, the Com21 mission may include in its report recommendations 

22 that are supported by a majority of the Commission. 

23 (e) FEDERAL WEBSITE.—The Commission shall es24 tablish and maintain a Federal website for the purposes 

25 of making relevant information publically available. 


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1 (f) REVIEW BY GAO.—The Comptroller General of 

2 the United States shall— 

3 (1) assist the Commission, to the extent re4 quested, in the Commission’s review and analysis of 

5 the recommendations submitted to the Commission 

6 under section 11; and 

7 (2) transmit to the Congress and to the Com8 mission a report containing a detailed analysis of the 

9 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 (1) If the President approves of the Commis21 sion’s recommendations, the President shall transmit 

22 a copy of the recommendations to Congress, together 

23 with a certification of such approval. 

24 (2) If the President disapproves of the Commis25 sion’s recommendations, in whole or in part, the 


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1 President shall also transmit to the Commission and 

2 Congress the reasons for such disapproval. The 

3 Commission shall then transmit to the President, 

4 not later than 30 days following the disapproval, a 

5 revised list of recommendations. 

6 (3) If the President approves all of the revised 

7 recommendations of the Commission, the President 

8 shall transmit a copy of such revised recommenda9 tions to Congress, together with a certification of 

10 such approval. 

11 (4) If the President does not transmit to the 

12 Congress an approval and certification described in 

13 paragraphs (1) or (3) within 30 days of receipt of 

14 the Commission’s recommendations or revised rec15 ommendations, as the case may be, the process shall 

16 terminate until the following year. 

17 SEC. 14. CONGRESSIONAL CONSIDERATION OF THE REC18 OMMENDATIONS. 

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

20 45 days after the date of the President’s transmission to 

21 Congress of the approved recommendations pursuant to 

22 section 13, Congress may enact a joint resolution as de23 scribed in subsection (c) to disapprove the Commission 

24 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) On or after the third day after the date on 

14 which the committee to which such resolution is re15 ferred has reported, or has been discharged (under 

16 subsection (e)) from further consideration of, such a 

17 resolution, it is in order (even though a previous mo18 tion to the same effect has been disagreed to) for 

19 any Member of the respective House to move to pro20 ceed to the consideration of the resolution. A mem21 ber may make the motion only on the date after the 

22 calendar day on which the Member announces to the 

23 House concerned the Member’s intention to make 

24 the motion, except that, in the case of the House of 

25 Representatives, the motion may be made without 


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1 such prior announcement if the motion is made by 

2 direction of the committee to which the resolution 

3 was referred. The motion is highly privileged in the 

4 House of Representatives and is privileged in the 

5 Senate and is not debatable. The motion is not sub6 ject to amendment, or to a motion to postpone, or 

7 to a motion to proceed to the consideration of other 

8 business. A motion to reconsider the vote by which 

9 the motion is agreed to or disagreed to shall not be 

10 in order. If a motion to proceed to consideration of 

11 the joint resolution is agreed to, the respective 

12 House shall immediately proceed to the consider13 ation of the joint resolution without intervening mo14 tion, order, or other business, and the resolution 

15 shall remain the unfinished business of the respec16 tive House until disposed of. 

17 (2) Debate on the resolution and on all debat18 able motions and appeals in connection therewith, 

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

20 shall be divided equally between those favoring and 

21 those opposing the resolution. An amendment to the 

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

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

24 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) Immediately following the conclusion of the 

5 debate on a resolution described in subsection (c) 

6 and a single quorum call at the conclusion of the de7 bate if requested in accordance with the rules of the 

8 appropriate House, the vote on final passage of the 

9 resolution shall occur. 

10 (4) Appeals from the decisions of the Chair re11 lating to the application of the rules of the Senate 

12 or the House of Representatives, as the case may be, 

13 to the procedure relating to a resolution described in 

14 subsection (c) shall be decided without debate. 

15 (g) CONSIDERATION BY OTHER HOUSE.— 

16 (1) If, before the passage by one House of a 

17 resolution of that House described in subsection (c), 

18 that House received from the other House a resolu19 tion described in subsection (c), then the following 

20 procedures shall apply: 

21 (A) The resolution of the other House shall 

22 not be referred to a committee and may not be 

23 considered in the House receiving it except in 

24 the case of final passage as provided in sub25 paragraph (B)(ii). 


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1 (B) With respect to a resolution described 

2 in subsection (c) of the House receiving the res3 olution— 

4 (i) the procedure in that House shall 

5 be the same as if no resolution had been 

6 received from the other House; but 

7 (ii) the vote on final passage shall be 

8 on the resolution of the other House. 

9 (2) Upon disposition of the resolution received 

10 from the other House, it shall no longer be in order 

11 to consider the resolution that originated in the re12 ceiving House. 

13 (h) RULES OF THE SENATE AND HOUSE.—This sec14 tion is enacted by Congress— 

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

16 the Senate and House of Representatives, respec17 tively, and as such it is deemed a part of the rules 

18 of each House, respectively, but applicable only with 

19 respect to the procedure to be followed in that 

20 House in the case of a resolution described in this 

21 section, and it supersedes other rules only to the ex22 tent that it is inconsistent with such rules; and 

23 (2) with full recognition of the constitutional 

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

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


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

2 the case of any other rule of that House. 

3 (i) FAILURE TO PASS RESOLUTION OF DIS4 APPROVAL.—If Congress fails to pass such a joint resolu5 tion within 45 calendar days from the date of the Presi6 dent’s transmission to Congress of the Commission’s rec7 ommendations, the recommendations immediately gain 

8 legal force and shall be in effect and federal agencies shall 

9 implement and carry out all of the Commission’s rec10 ommendations pursuant to section 15. 

11 SEC. 15. IMPLEMENTATION OF COMMISSION REC12 OMMENDATIONS. 

13 (a) Upon the date specified in subsection 14(i), fed14 eral agencies shall immediately begin preparation to carry 

15 out the Commission’s recommendations and shall initiate 

16 all activities no later than two years after the date on 

17 which the President transmits the recommendations to 

18 Congress. Agencies shall complete all recommended ac19 tions no later than the end of the six-year period beginning 

20 on the date on which the President transmits the Commis21 sion’s recommendations to Congress. All actions are ex22 pected to be economically beneficial and be cost neutral 

23 or otherwise favorable to the Federal Government. For ac24 tions that will take longer than the six-year period due 

25 to extenuating circumstances, federal agencies shall notify 


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1 the President and Congress as soon as the extenuating 

2 circumstance presents itself with an estimated time to 

3 complete the relevant action. 

4 (b) In taking actions related to any Federal building 

5 or facility under this Act, federal agencies may, pursuant 

6 to subsection (c), take all such necessary and proper ac7 tions, including— 

8 (1) acquiring land, constructing replacement fa9 cilities, performing such other activities, and con10 ducting advance planning and design as may be re11 quired to transfer functions from a Federal asset or 

12 property to another Federal property; 

13 (2) providing outplacement assistance to civilian 

14 employees employed by any federal agency at a Fed15 eral property impacted by such actions; and 

16 (3) reimbursing other federal agencies for ac17 tions performed at the request of the Commission. 

18 (c) When acting on a recommendation of the Com19 mission, a federal agency shall continue to act within their 

20 existing legal authorities, whether it has been delegated 

21 by the Administrator, or must work in partnership with 

22 the Administrator to carry out such actions. The Adminis23 trator may, notwithstanding any other provision of law, 

24 take such necessary and proper actions, including the sale, 

25 conveyance, or exchange of civilian real property, as reVerDate Mar 15 2010 02:07 May 10, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.IH H1734

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1 quired to implement the Commission recommendations in 

2 the time period required under subsection (a). 

3 (d) For any transaction identified, recommended or 

4 commenced as a result of this Act, any otherwise required 

5 legal priority given to, or requirement to enter into, a 

6 transaction to convey a Federal civilian real property for 

7 less than fair market value, for no consideration at all, 

8 or in a transaction that mandates the exclusion of other 

9 market participants, shall be at the discretion of the Com10 mission. 

11 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated in fiscal year 

13 2012: 

14 (1) $23,000,000 for salaries and expenses of 

15 the Commission; and 

16 (2) $65,000,000 to be deposited into the Asset 

17 Proceeds and Space Management Fund for activities 

18 related to the implementation of the Commission 

19 recommendations. 

20 SEC. 17. FUNDING. 

21 (a) CREATION OF SALARIES AND EXPENSES AC22 COUNT.—There is hereby established on the books of the 

23 Treasury an account to be known as the ‘‘Civilian Prop24 erty Realignment Commission—Salaries and Expenses’’ 

25 account. 


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1 (1) NECESSARY PAYMENTS.—There shall be de2 posited into the account such amounts, as are pro3 vided in appropriations Acts, for those necessary 

4 payments for salaries and expenses to accomplish 

5 the administrative needs of the Commission. 

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

7 appropriated for the salaries and expenses of the 

8 Commission for a particular fiscal year, the Director 

9 of the Office of Management and Budget may sup10 port the Commission’s activities under this Act dur11 ing such year if the Director of the Office of Man12 agement and Budget approves either or both of the 

13 following actions: 

14 (A) In consultation with the Administrator, 

15 a transfer to the Commission of amounts from 

16 the ‘‘Civilian Property Realignment Commis17 sion—Asset Proceeds and Space Management 

18 Fund’’ within the Federal Buildings Fund es19 tablished under section 592 of title 40, United 

20 States Code. 

21 (B) A transfer to the Commission of not 

22 more than $8,000,000 from unobligated 

23 amounts in accounts of Federal civilian prop24 erty-holding agencies. 


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1 (b) CREATION OF ASSET PROCEEDS AND SPACE

2 MANAGEMENT FUND.—There is hereby established within 

3 the Federal Buildings Fund established under section 592 

4 of title 40, United States Code, an account to be known 

5 as the ‘‘Civilian Property Realignment Commission— 

6 Asset Proceeds and Space Management Fund’’ which shall 

7 be solely used for the purposes of carrying out actions pur8 suant to the Commission recommendations approved 

9 under section 14. There shall be deposited into the ac10 count— 

11 (1) such amounts as are provided in appropria12 tions Acts, to remain available until expended, for 

13 the consolidation, co-location, exchange, redevelop14 ment, re-configuration of space and other actions 

15 recommended by the Commission for federal agen16 cies; 

17 (2) gross proceeds received from the proceeds of 

18 any civilian real property action taken pursuant to 

19 a recommendation of the Commission under section 

20 15. The Commission, with the consent of the Admin21 istrator, may transfer, from the gross proceeds to a 

22 federal agency, amounts necessary to cover costs as23 sociated with implementing the recommendations 

24 pursuant to section 15; and 


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1 (3) net proceeds (which are gross proceeds re2 ceived from the sale of any civilian real property 

3 pursuant to a recommendation of the Commission, 

4 less the amounts transferred from this account 

5 under section 17(a)(2)(A) and (b)(2) of this Act, 

6 shall be divided between the General Fund of the 

7 Treasury, federal agencies (for the purpose of real 

8 property management reinvestment), and the Asset 

9 Proceeds and Space Management Fund within the 

10 Federal Buildings Fund. On an annual basis, the 

11 Director of the Office of Management and Budget, 

12 shall determine how the net proceeds shall be dis13 tributed, through transfer, between the General 

14 Fund, federal agencies, and the Asset Proceeds and 

15 Space Management Fund, but in no case shall the 

16 General Fund receive less than sixty percent of the 

17 net proceeds. Such proceeds, as distributed by the 

18 Director of the Office of Management and Budget to 

19 the Asset Proceeds and Space Management Fund, 

20 shall, notwithstanding section 3307 of title 40, 

21 United States Code, remain available until expended 

22 to carry out the duties specified under this Act. In 

23 implementing the Commission recommendations, the 

24 Administrator, may, notwithstanding section 3307 of 

25 title 40, United States Code, transfer from the 


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1 Space Management Fund, to a federal agency, 

2 amounts— 

3 (A) to cover the necessary costs associated 

4 with— 

5 (i) consolidation, co-location, redevel6 opment, and reconfiguration actions; and 

7 (ii) other actions taken to otherwise 

8 realize operational efficiencies, including 

9 such actions as environmental restoration; 

10 and 

11 (B) for outplacement assistance to Federal 

12 employees who work at a Federal property that 

13 is affected by actions taken under this section, 

14 and whose employment would be terminated as 

15 a result of such disposal, consolidation, or other 

16 realignment. 

17 SEC. 18. DISPOSAL OF REAL PROPERTIES. 

18 (a) Notwithstanding any other provision of law, any 

19 recommendation or commencement of a disposal or re20 alignment of civilian real property shall not be subject 

21 to— 

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

23 Code; 

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

25 United States Code; 


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1 (3) section 501 of the McKinney-Vento Home2 less Assistance Act (42 U.S.C. 11411); 

3 (4) section 667(b)–(d) of title 16, United States 

4 Code; 

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

6 Code; 

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

8 States Code; 

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

10 Code; 

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

12 Code Appended; 

13 (9) any other provision of law authorizing the 

14 conveyance of real property owned by the Federal 

15 Government for no consideration; and 

16 (10) any congressional notification requirement 

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

18 States Code. 

19 (b) Nothing in subsection (a) shall be construed to 

20 modify, alter, or amend any other required environmental 

21 or historical review, recordkeeping, or notice requirements 

22 otherwise implicated in a conveyance of Federal civilian 

23 real property. 

24 (c) PUBLIC BENEFIT.— 


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1 (1) For those properties that the Commission 

2 has determined should be reviewed for potential use 

3 by the homeless or for any of the other public bene4 fits enumerated in subsection (a), the Commission 

5 shall submit to the Secretary of Housing and Urban 

6 Development (Secretary of HUD), on the same day 

7 it submits its report to the President, any such in8 formation on the building or property that concerns 

9 the decision regarding the civilian property’s dis10 posal. Within 30 days the Secretary of HUD must 

11 return to the Commission with a report summarizing 

12 a determination of the suitability of the civilian real 

13 properties recommended to be disposed as properties 

14 fit to help the cause of homeless assistance. 

15 (2) Within 30 days of the Commission’s sub16 mission to the President and public release of the 

17 Commission’s recommendations, any representatives 

18 of the homeless proposing interest in the use of 

19 property that the Commission has determined should 

20 be reviewed for potential use by the homeless or for 

21 any of the other public benefits enumerated in sub22 section (a), may submit a notice of interest con23 taining the following to the Commission and to the 

24 Secretary of HUD: 


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1 (A) A description of the homeless assist2 ance program that the representative proposes 

3 to carry out at the installation. 

4 (B) An assessment of the need for the pro5 gram. 

6 (C) A description of the extent to which 

7 the program is or will be coordinated with other 

8 homeless assistance programs in the commu9 nities in the vicinity of the installation. 

10 (D) A description of the buildings and 

11 property that are necessary in order to carry 

12 out the program. 

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

14 organization, and the organizational capacity of 

15 the representative to carry out the program. 

16 (F) An assessment of the time required in 

17 order to commence carrying out the program. 

18 (3) The Secretary of HUD shall review and cer19 tify submissions from representatives of the home20 less and submit to the Commission an assessment of 

21 the validity and merits of the notice of interest with22 in 60 days from the date the Commission submits 

23 its report to the President. In the case where more 

24 than one notice of interest is entered for a property, 

25 the Secretary shall indicate to the Commission which 


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1 planned use of the property for the homeless has 

2 more merit. 

3 (4) Within 30 days of the Commission’s sub4 mission to the President and public release of the 

5 Commission’s recommendations, any parties pro6 posing interest in the property that the Commission 

7 has determined should be reviewed for any other 

8 public benefit programs enumerated in subsection 

9 (a), for a use that is not homeless assistance, may 

10 submit a notice of interest to the Commission and 

11 to the federal agency that is otherwise tasked by law 

12 to review applications for the public benefit convey13 ance program under which the party is applying. 

14 The notice of interest must contain the information 

15 otherwise required by the law creating the convey16 ance program. 

17 (5) Federal agencies that have been tasked with 

18 reviewing application for public benefit conveyance 

19 programs, that receive notices of interest with infor20 mation pertaining to the certification of the validity 

21 of a proposed public benefit conveyance operating 

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

23 not homeless assistance, shall review and certify sub24 missions from parties proposing such future use for 

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1 sessment of the validity and merits of the informa2 tion contained in the notice of interest within 60 

3 days from the date the Commission submits its rec4 ommendations to the President. In the case where 

5 more than one notice of interest is entered for a 

6 property, the Secretary of the reviewing agency shall 

7 indicate to the Commission which planned use of the 

8 property has more merit. 

9 (6) The Commission shall compile all informa10 tion and assessments regarding submitted notices of 

11 interest about properties and, upon the moment that 

12 the recommendations gain legal force after consider13 ation by Congress, forward them to the agencies 

14 that maintain custody and control over the civilian 

15 real properties to be disposed for their consideration 

16 in implementing the Commission’s recommendations. 

17 (7) In the event a property reviewed by HUD 

18 is found to be fit for use by the homeless and HUD 

19 has identified a representative of the homeless whose 

20 notice of interest is certified, or, in the event of 

21 more than one notice of interest on the property, 

22 whose notice of interest is deemed to have the most 

23 merit by HUD, the agency maintaining custody or 

24 control of the property, in accordance with sub25 section (a), shall commence conveyance of the propVerDate Mar 15 2010 02:07 May 10, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.IH H1734

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1 erty to that representative of the homeless upon the 

2 recognition that the Commission’s recommended ac3 tivity to convey the property for one of those uses 

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

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

6 the homeless, or there is no identified notice of in7 terest on the property by a representative of the 

8 homeless, the agency shall then look to whether 

9 there are any parties that have expressed interest in 

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

11 that are not homeless assistance and whether any 

12 Federal reviewing agency has certified one of those 

13 uses. If so, the agency maintaining custody or con14 trol of the property shall commence conveyance of 

15 the property to that party that proposed the cer16 tified use upon the recognition that the Commis17 sion’s recommended activity to convey the property 

18 for one of those uses in subsection (a) has gained 

19 legal force. In the event that more than one party 

20 that has expressed interest in the property in this 

21 manner exists, the agency shall have the discretion 

22 to choose among them. 

23 (8) In the event a property does not qualify for, 

24 or there is no interest in a property reviewed for one 

25 of those uses in subsection (a) upon the recognition 


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1 that the Commission’s recommended activity to con2 vey the property for one of those uses in subsection 

3 (a) has gained legal force, the agency shall have the 

4 discretion to choose among any other remaining 

5 ways to implement the recommendation regarding 

6 the property. 

7 (d) ENVIRONMENTAL CONSIDERATIONS.— 

8 (1) The provisions of the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

10 shall not apply to the actions of the President, the 

11 Commission, or any agency, in carrying out any of 

12 the Commission’s recommendations except— 

13 (A) during the process of property dis14 posal; and 

15 (B) during the process of relocating func16 tions from a property being disposed of or re17 aligned to another property after the receiving 

18 property has been selected but before the func19 tions are relocated. 

20 (2) In applying the provisions of the National 

21 Environmental Policy Act of 1969 to the processes 

22 referred to in subsection (d)(1), the agencies do not 

23 have to consider— 


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1 (A) the need for closing or realigning the 

2 property which has been recommended for clo3 sure or realignment by the Commission; 

4 (B) the need for transferring functions to 

5 another Federal property; or 

6 (C) any alternative path, not associated 

7 with an environmental choice, to those rec8 ommended or selected. 

9 (3) A civil action for judicial review, with re10 spect to any requirement of the National Environ11 mental Policy Act of 1969 to the extent such Act is 

12 applicable under subsection (d)(2), of any Act or 

13 failure to act by a federal agency during the closing, 

14 realigning, or relocating of functions referred to in 

15 subsection (d)(2), may not be brought more than 60 

16 days after the dates of such act or failure to act. 

17 (4) Agencies may dispose or realign property 

18 without regard to any provision of law restricting 

19 the use of funds for disposing or realigning Federal 

20 property included in any appropriations or author21 ization Act. 

22 (5) Notwithstanding Section 120(h) of the 

23 Comprehensive Environmental Response, Compensa24 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)), 

25 federal agencies may enter into an agreement to 


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1 transfer the deed real property with any person who 

2 agrees to perform all environmental restoration, 

3 waste management, and environmental compliance 

4 activities that are required for the property or facili5 ties under Federal and State laws, administrative 

6 decisions, agreements (including schedules and mile7 stones), and concurrences. This type of transfer may 

8 only happen if the head of the transferring agency 

9 can certify to Congress that— 

10 (A) the costs of all environmental restora11 tion, waste management, and environmental 

12 compliance activities otherwise to be paid by the 

13 Secretary with respect to the property or facili14 ties are equal to or greater than the fair market 

15 value of the property or facilities to be trans16 ferred, as determined by the Secretary; or 

17 (B) if such costs are lower than the fair 

18 market value of the property or facilities, the 

19 recipient of the property or facilities agrees to 

20 pay the difference between the fair market 

21 value and such costs. 

22 (6) In the case of property that may be trans23 ferred pursuant to this Act, the Agency may pay the 

24 recipient of such property or facilities an amount 

25 equal to the lesser of— 


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1 (A) the amount by which the costs in2 curred by the recipient of such property or fa3 cilities for all environmental restoration, waste 

4 management, and environmental compliance ac5 tivities with respect to such property or facili6 ties exceed the fair market value of such prop7 erty or facilities as specified in such certifi8 cation; or 

9 (B) the amount by which the costs (as de10 termined by the Secretary) that would other11 wise have been incurred by the Secretary for 

12 such restoration, management, and activities 

13 with respect to such property or facilities exceed 

14 the fair market value of such property or facili15 ties as so specified. 

16 (7) As part of an agreement pursuant to this 

17 Act, the Secretary shall disclose to the person to 

18 whom the property or facilities will be transferred 

19 any information of the Agency regarding the envi20 ronmental restoration, waste management, and envi21 ronmental compliance activities described in this Act 

22 that relate to the property or facilities. The Agency 

23 shall provide such information before entering into 

24 the agreement. 


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1 (e) Nothing in this subsection shall be construed to 

2 modify, alter, or amend the Comprehensive Environmental 

3 Response, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 

5 U.S.C. 6901 et seq.). 

6 SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED 

7 PROJECTS. 

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

9 is amended by: 

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

11 and inserting ‘‘;’’; 

12 (2) striking ‘‘.’’ at the end of paragraph (7) and 

13 inserting ‘‘;’’; and 

14 (3) adding at the end the following new para15 graph: 

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

17 consistent with section 11(b) of the Civilian Prop18 erty Realignment Act.’’. 

19 SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

20 Chapter 33 of title 40, United States Code, is amend21 ed by adding at the end the following new section: 

22 ‘‘3317. LIMITATION ON LEASING AUTHORITY OF OTHER 

23 AGENCIES. 

24 ‘‘(a) IN GENERAL.—Notwithstanding any other pro25 vision of law, no executive agency may lease space for the 


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1 purposes of a public building as defined under section 

2 3301, except as provided under section 585 and the provi3 sions of in this chapter. 

4 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

5 be construed as creating new authority for executive agen6 cies to enter into leases.’’. 

7 SEC. 21. IMPLEMENTATION REVIEW BY GAO. 

8 Upon the date specified in section 14(i), the Comp9 troller General of the United States shall at least annually 

10 monitor, review the implementation activities of federal 

11 agencies pursuant to section 15, and report to Congress 

12 any findings and recommendations. 

Æ 


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