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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Oversight and Government Reform and Rules, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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 build-
ings and other civilian real property, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Civilian Property Re-
alignment Act’’ or ‘‘CPRA’’. 
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SEC. 2. PURPOSE. 
The purposes of this Act are to— 
(1) consolidate the footprint of Federal build-
ings and facilities; 
(2) maximize the utilization rate of Federal 
buildings and facilities; 
(3) reduce the reliance on costly leased space; 
(4) sell or redevelop high value assets that are 
underutilized to obtain the highest and best value 
for the taxpayer; 
(5) reduce the operating and maintenance costs 
of Federal civilian real properties through the re-
alignment of other real properties through consoli-
dating, co-locating, and reconfiguring space, and 
other operational efficiencies; 
(6) reduce redundancy, overlap, and costs asso-
ciated with field offices; 
(7) create incentives for federal agencies to 
achieve greater efficiency in their inventories of civil-
ian real property by enabling agencies to retain and 
reinvest savings and sale proceeds; 
(8) facilitate and expedite the sale or disposal 
of unneeded civilian properties; and 
(9) assist federal agencies in achieving the Gov-
ernment’s sustainability goals by reducing excess 
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space, inventory, and energy consumption, as well as 
by leveraging new technologies. 
SEC. 3. DEFINITIONS. 
As used in this Act— 
(a) FEDERAL CIVILIAN REAL PROPERTY AND CIVIL-
IAN REAL PROPERTY.— 
(1) PROPERTY.—The terms ‘‘Federal civilian 
real property’’ and ‘‘civilian real property’’ refer to 
Federal real property assets, including Federal 
buildings as defined in section 3301 of title 40, 
United States Code, occupied and improved grounds, 
leased space, or other physical structures under the 
custody and control of any federal agency. 
(2) FURTHER EXCLUSIONS.—Subsection (a)(1) 
shall not be construed as including any of the fol-
lowing types of property: 
(A) Military installations as defined in Sec-
tion 2910 of the Defense Base Closure and Re-
alignment Act of 1990. 
(B) Properties that are excluded for rea-
sons of national security by the Director of the 
Office of Management and Budget. 
(C) Properties that are excepted from the 
definition of ‘‘property’’ under section 102(9) of 
title 40, United States Code. 
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(b) FEDERAL AGENCY.—The term ‘‘federal agency’’ 
means an executive department or independent establish-
ment in the executive branch of the Government, and a 
wholly owned Government corporation. 
(c) ADMINISTRATOR.—The term ‘‘Administrator’’ 
means the Administrator of General Services. 
(d) COMMISSION.—The term ‘‘Commission’’ means 
the Civilian Property Realignment Commission. 
SEC. 4. COMMISSION. 
(a) ESTABLISHMENT.—There is established an inde-
pendent 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) The Commission shall be composed of nine 
members appointed by the President, by and with 
the advice and consent of the Senate. 
(2) In selecting individuals for nominations for 
appointments to the Commission, the President shall 
consult with— 
(A) the Speaker of the House of Rep-
resentatives concerning the appointment of two 
members; 
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(B) the majority leader of the Senate con-
cerning the appointment of two members; 
(C) the minority leader of the House of 
Representatives concerning the appointment of 
one member; and 
(D) the minority leader of the Senate con-
cerning the appointment of one member. 
(3) CHAIRPERSON.—The President shall des-
ignate one such individual to serve as chairperson of 
the Commission. 
(4) TERMS.—The term for each member of the 
Commission shall be six years. 
(5) VACANCIES.—Vacancies shall be filled in 
the same manner as the original appointment. 
(6) 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 redevelop-
ment. 
(B) Government management or oper-
ations. 
(C) Community development. 
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SEC. 5. COMMISSION MEETINGS. 
(a) OPEN MEETINGS.—Each meeting of the Commis-
sion, 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. For all public meetings, the 
Commission shall release an agenda and a listing of mate-
rials relevant to the topics discussed. 
(b) TRANSPARENCY OF INFORMATION.—All the pro-
ceedings, information, and deliberations of the Commis-
sion shall be open, upon request, to the chairman and the 
ranking minority party member, and their respective sub-
committee chairman and ranking minority party member, 
of— 
(1) the Committee on Transportation and In-
frastructure of the House of Representatives; 
(2) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; 
(3) the Committee on Homeland Security and 
Governmental Affairs of the Senate; and 
(4) the Committee on Environmental and Pub-
lic Works of the Senate. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE.—All 
the proceedings, information, and deliberations of the 
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Commission shall be open, upon request, to the Comp-
troller General of the United States. 
SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.— 
(1) 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) 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) The Commission shall appoint an Executive Di-
rector. 
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(b) 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) Subject to subsection (b), the Executive Director, 
with the approval of the Commission, may appoint and 
fix the pay of additional personnel. 
(b) The Executive Director may make such appoint-
ments without regarding to the provisions of title 5, 
United States Code, governing appointments in the com-
petitive service, and any personnel so appointed may be 
paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to classi-
fication and General Schedule pay rates, except that an 
individual so appointed may not receive pay in excess of 
GS–15 of the General Schedule. 
(c) Upon request of the Executive Director, the head 
of any Federal department or agency may detail any of 
the personnel of that department or agency to the Com-
mission to assist the Commission in carrying out its duties 
under this Act. 
(d) The Comptroller General of the United States 
may provide assistance, including the detailing of employ-
ees, to the Commission in accordance with an agreement 
entered into with the Commission. 
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SEC. 9. CONTRACTING AUTHORITY. 
(a) 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) The Commission may lease space and acquire per-
sonal property to the extent funds are available. 
SEC. 10. TERMINATION. 
The Commission shall cease operations and terminate 
six years from the date of enactment of this Act. 
SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE 
COMMISSION. 
(a) Not later than 120 days of enactment of this Act 
and 120 days following the beginning of each fiscal year 
thereafter, federal agencies shall submit to the Adminis-
trator and the chairperson of the Federal Real Property 
Council, established pursuant to Executive Order 13327: 
(1) Current data of all Federal civilian real 
properties owned, leased or controlled by the respec-
tive agency, included all relevant information pre-
scribed by the Administrator and the chairperson of 
the Federal Real Property Council. 
(2) Recommendations which shall include: 
(A) Federal civilian properties that can be 
sold for proceeds and otherwise disposed of, 
transferred, exchanged, consolidated, co-located, 
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reconfigured, or redeveloped, so as to reduce 
the civilian real property inventory, reduce the 
operating costs of the Federal Government, and 
create the highest value for the taxpayer. 
(B) Operational efficiencies that the Fed-
eral Government can realize in its operation 
and maintenance of Federal civilian real prop-
erties. 
(b) The Administrator, in consultation with the chair-
person of the Federal Real Property Council shall, not 
later than 60 days following the date specified in sub-
section (a), review recommendations submitted pursuant 
to subsection (a), develop standards and criteria and de-
velop recommendations based on those standards and cri-
teria. In developing the standards and criteria, the Admin-
istrator, in consultation with the chairperson of the Fed-
eral Real Property Council shall incorporate the following 
principles: 
(1) The extent to which a Federal building or 
facility aligns with the current mission of the federal 
agency. 
(2) The extent to which there are opportunities 
to consolidate similar operations across multiple 
agencies or within agencies. 
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(3) The extent and timing of potential costs 
and savings, including the number of years, begin-
ning with the date of completion of the proposed rec-
ommendation. 
(4) The economic impact on existing commu-
nities in the vicinity of the Federal building or facil-
ity. 
(5) The extent to which the utilization rate is 
being maximized and is consistent with non-govern-
mental industry standards for the given function or 
operation. 
(6) The extent to which reliance on leasing for 
long-term space needs is reduced. 
(7) The extent to which the Federal building or 
facility could be redeveloped or otherwise used to 
produce the highest and best value for the taxpayer. 
(8) The extent to which the operating and 
maintenance costs are reduced through consoli-
dating, co-locating, and reconfiguring space, and 
through realizing other operational efficiencies. 
(9) The extent to which energy consumption is 
reduced. 
(c) SUBMISSION TO THE COMMISSION.— 
(1) The standards, criteria, and recommenda-
tions developed pursuant to subsection (b) shall be 
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submitted to the Commission with all supporting in-
formation, data, analyses, and documentation. 
(2) The standards, criteria, and recommenda-
tions shall be published in the Federal Register and 
transmitted to the committees designated in section 
5(b) of this Act and to the Comptroller General of 
the United States. 
(3) 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). 
SEC. 12. COMMISSION DUTIES. 
(a) IDENTIFICATION OF PROPERTY REDUCTION OP-
PORTUNITIES.—The Commission shall identify opportuni-
ties for the Government to reduce significantly its inven-
tory of civilian real property and reduce costs to the Fed-
eral Government. 
(b) 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. 
(c) PUBLIC HEARING.—After performing an inde-
pendent analysis and reviewing the recommendations, the 
Commission shall conduct public hearings. All testimony 
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before the Commission at a public hearing under this 
paragraph shall be presented under oath. 
(d) REPORTING
OF
INFORMATION
AND
REC-
OMMENDATIONS.— 
(1) IN
GENERAL.—Not later than 120 days 
after the receipt of recommendations pursuant to 
section 11, and biennially thereafter, the Commis-
sion shall, at a minimum, transmit to the President, 
and publicly post on a Federal website maintained 
by the Commission a report containing the Commis-
sion’s findings, conclusions, and recommendations 
for the consolidation, exchange, co-location, reconfig-
uration, lease reductions, sale, and redevelopment of 
Federal civilian real properties and for other oper-
ational efficiencies that can be realized in the Gov-
ernment’s operation and maintenance of such prop-
erties. 
(2) CONSENSUS IN MAJORITY.—The Commis-
sion shall seek to develop consensus recommenda-
tions, but if consensus cannot be obtained, the Com-
mission may include in its report recommendations 
that are supported by a majority of the Commission. 
(e) FEDERAL WEBSITE.—The Commission shall es-
tablish and maintain a Federal website for the purposes 
of making relevant information publically available. 
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(f) REVIEW BY GAO.—The Comptroller General of 
the United States shall— 
(1) assist the Commission, to the extent re-
quested, in the Commission’s review and analysis of 
the recommendations submitted to the Commission 
under section 11; and 
(2) transmit to the Congress and to the Com-
mission 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 rec-
ommendations, the President shall transmit to the Com-
mission and Congress a report that sets forth the Presi-
dent’s approval or disapproval of the Commission’s rec-
ommendations: 
(1) If the President approves of the Commis-
sion’s recommendations, the President shall transmit 
a copy of the recommendations to Congress, together 
with a certification of such approval. 
(2) If the President disapproves of the Commis-
sion’s recommendations, in whole or in part, the 
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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) If the President approves all of the revised 
recommendations of the Commission, the President 
shall transmit a copy of such revised recommenda-
tions to Congress, together with a certification of 
such approval. 
(4) If the President 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 rec-
ommendations, as the case may be, the process shall 
terminate until the following year. 
SEC. 14. CONGRESSIONAL CONSIDERATION OF THE REC-
OMMENDATIONS. 
(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 de-
scribed in subsection (c) to disapprove the Commission 
recommendations. 
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(b) COMPUTATION OF TIME PERIOD.—For the pur-
poses 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 Realign-
ment Commission as submitted by the President on 
lllllllll’’, the blank space being filled 
in with the appropriate date; and 
(3) the title of which is as follows: ‘‘Joint reso-
lution disapproving the recommendations of the Ci-
vilian 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 resolu-
tion described in subsection (c) introduced in the Senate 
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shall be referred to the Committee on the Environment 
and Public Works in the Senate. 
(e) DISCHARGE.—If the committee to which a resolu-
tion described in subsection (c) is referred has not re-
ported 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 reso-
lution, and such resolution shall be placed on the appro-
priate calendar of the House involved. 
(f) CONSIDERATION.— 
(1) On or after the third day after the date on 
which the committee to which such resolution is re-
ferred has reported, or has been discharged (under 
subsection (e)) from further consideration of, such a 
resolution, it is in order (even though a previous mo-
tion to the same effect has been disagreed to) for 
any Member of the respective House to move to pro-
ceed to the consideration of the resolution. A mem-
ber 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 
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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 sub-
ject 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 consider-
ation of the joint resolution without intervening mo-
tion, order, or other business, and the resolution 
shall remain the unfinished business of the respec-
tive House until disposed of. 
(2) Debate on the resolution and on all debat-
able 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 consider-
ation of other business, or a motion to recommit the 
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resolution is not in order. A motion to reconsider the 
vote by which the resolution is agreed to or dis-
agreed is not in order. 
(3) Immediately following the conclusion of the 
debate on a resolution described in subsection (c) 
and a single quorum call at the conclusion of the de-
bate if requested in accordance with the rules of the 
appropriate House, the vote on final passage of the 
resolution shall occur. 
(4) Appeals from the decisions of the Chair re-
lating 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) 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 resolu-
tion described in subsection (c), then the following 
procedures shall apply: 
(A) 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 sub-
paragraph (B)(ii). 
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(B) With respect to a resolution described 
in subsection (c) of the House receiving the res-
olution— 
(i) the procedure in that House shall 
be the same as if no resolution had been 
received from the other House; but 
(ii) the vote on final passage shall be 
on the resolution of the other House. 
(2) 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 re-
ceiving House. 
(h) RULES OF THE SENATE AND HOUSE.—This sec-
tion is enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, 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 ex-
tent 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, 
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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
DIS-
APPROVAL.—If Congress fails to pass such a joint resolu-
tion within 45 calendar days from the date of the Presi-
dent’s transmission to Congress of the Commission’s rec-
ommendations, the recommendations immediately gain 
legal force and shall be in effect and federal agencies shall 
implement and carry out all of the Commission’s rec-
ommendations pursuant to section 15. 
SEC. 
15. 
IMPLEMENTATION 
OF 
COMMISSION 
REC-
OMMENDATIONS. 
(a) Upon the date specified in subsection 14(i), fed-
eral agencies shall immediately begin preparation to carry 
out the Commission’s recommendations and shall initiate 
all activities no later than two years after the date on 
which the President transmits the recommendations to 
Congress. Agencies shall complete all recommended ac-
tions no later than the end of the six-year period beginning 
on the date on which the President transmits the Commis-
sion’s recommendations to Congress. All actions are ex-
pected to be economically beneficial and be cost neutral 
or otherwise favorable to the Federal Government. For ac-
tions that will take longer than the six-year period due 
to extenuating circumstances, federal agencies shall notify 
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the President and Congress as soon as the extenuating 
circumstance presents itself with an estimated time to 
complete the relevant action. 
(b) 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 ac-
tions, including— 
(1) acquiring land, constructing replacement fa-
cilities, performing such other activities, and con-
ducting advance planning and design as may be re-
quired to transfer functions from a Federal asset or 
property to another Federal property; 
(2) providing outplacement assistance to civilian 
employees employed by any federal agency at a Fed-
eral property impacted by such actions; and 
(3) reimbursing other federal agencies for ac-
tions performed at the request of the Commission. 
(c) When acting on a recommendation of the Com-
mission, a federal agency shall continue to act within their 
existing legal authorities, whether it has been delegated 
by the Administrator, or must work in partnership with 
the Administrator to carry out such actions. The Adminis-
trator may, notwithstanding any other provision of law, 
take such necessary and proper actions, including the sale, 
conveyance, or exchange of civilian real property, as re-
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quired to implement the Commission recommendations in 
the time period required under subsection (a). 
(d) 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 Com-
mission. 
SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated in fiscal year 
2012: 
(1) $23,000,000 for salaries and expenses of 
the Commission; and 
(2) $65,000,000 to be deposited into the Asset 
Proceeds and Space Management Fund for activities 
related to the implementation of the Commission 
recommendations. 
SEC. 17. FUNDING. 
(a) CREATION
OF SALARIES
AND EXPENSES AC-
COUNT.—There is hereby established on the books of the 
Treasury an account to be known as the ‘‘Civilian Prop-
erty Realignment Commission—Salaries and Expenses’’ 
account. 
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(1) NECESSARY PAYMENTS.—There shall be de-
posited into the account such amounts, as are pro-
vided 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 sup-
port the Commission’s activities under this Act dur-
ing such year if the Director of the Office of Man-
agement and Budget approves either or both of the 
following actions: 
(A) In consultation with the Administrator, 
a transfer to the Commission of amounts from 
the ‘‘Civilian Property Realignment Commis-
sion—Asset Proceeds and Space Management 
Fund’’ within the Federal Buildings Fund es-
tablished under section 592 of title 40, United 
States Code. 
(B) A transfer to the Commission of not 
more 
than 
$8,000,000 
from 
unobligated 
amounts in accounts of Federal civilian prop-
erty-holding agencies. 
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(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 solely used for the purposes of carrying out actions pur-
suant to the Commission recommendations approved 
under section 14. There shall be deposited into the ac-
count— 
(1) such amounts as are provided in appropria-
tions Acts, to remain available until expended, for 
the consolidation, co-location, exchange, redevelop-
ment, re-configuration of space and other actions 
recommended by the Commission for federal agen-
cies; 
(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, with the consent of the Admin-
istrator, may transfer, from the gross proceeds to a 
federal agency, amounts necessary to cover costs as-
sociated with implementing the recommendations 
pursuant to section 15; and 
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(3) net proceeds (which are gross proceeds re-
ceived from the sale of any civilian real property 
pursuant to a recommendation of the Commission, 
less the amounts transferred from this account 
under section 17(a)(2)(A) and (b)(2) of this Act, 
shall be divided between the General Fund of the 
Treasury, federal agencies (for the purpose of real 
property management reinvestment), 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 dis-
tributed, through transfer, between the General 
Fund, federal agencies, and the Asset Proceeds and 
Space Management Fund, but in no case shall the 
General Fund receive less than sixty percent of the 
net proceeds. Such proceeds, as distributed by the 
Director of the Office of Management and Budget to 
the Asset Proceeds and Space Management Fund, 
shall, notwithstanding section 3307 of title 40, 
United States Code, remain available until expended 
to carry out the duties specified under this Act. In 
implementing the Commission recommendations, the 
Administrator, may, notwithstanding section 3307 of 
title 40, United States Code, transfer from the 
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Space Management Fund, to a federal agency, 
amounts— 
(A) to cover the necessary costs associated 
with— 
(i) consolidation, co-location, redevel-
opment, 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) Notwithstanding any other provision of law, any 
recommendation or commencement of a disposal or re-
alignment 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; 
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(3) section 501 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11411); 
(4) section 667(b)–(d) of title 16, United States 
Code; 
(5) section 47151 of title 49, United States 
Code; 
(6) sections 107 and 317 of title 23, United 
States Code; 
(7) section 1304(b) of title 40, United States 
Code; 
(8) section 1622(d) of title 50, United States 
Code Appended; 
(9) any other provision of law authorizing the 
conveyance of real property owned by the Federal 
Government for no consideration; and 
(10) any congressional notification requirement 
other than that in section 545 of title 40, United 
States Code. 
(b) Nothing in subsection (a) shall be construed to 
modify, alter, or amend any other required environmental 
or historical review, recordkeeping, or notice requirements 
otherwise implicated in a conveyance of Federal civilian 
real property. 
(c) PUBLIC BENEFIT.— 
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(1) For those properties that the Commission 
has determined should be reviewed for potential use 
by the homeless or for any of the other public bene-
fits enumerated in subsection (a), the Commission 
shall submit to the Secretary of Housing and Urban 
Development (Secretary of HUD), on the same day 
it submits its report to the President, any such in-
formation on the building or property that concerns 
the decision regarding the civilian property’s dis-
posal. Within 30 days the Secretary of HUD must 
return to the Commission with a report summarizing 
a determination of the suitability of the civilian real 
properties recommended to be disposed as properties 
fit to help the cause of homeless assistance. 
(2) Within 30 days of the Commission’s sub-
mission to the President and public release of the 
Commission’s recommendations, any representatives 
of the homeless proposing interest in the use of 
property that the Commission has determined should 
be reviewed for potential use by the homeless or for 
any of the other public benefits enumerated in sub-
section (a), may submit a notice of interest con-
taining the following to the Commission and to the 
Secretary of HUD: 
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(A) A description of the homeless assist-
ance program that the representative proposes 
to carry out at the installation. 
(B) An assessment of the need for the pro-
gram. 
(C) A description of the extent to which 
the program is or will be coordinated with other 
homeless assistance programs in the commu-
nities in the vicinity of the installation. 
(D) A description of the buildings and 
property that are necessary in order to carry 
out the program. 
(E) A description of the financial plan, the 
organization, and the organizational capacity of 
the representative to carry out the program. 
(F) An assessment of the time required in 
order to commence carrying out the program. 
(3) The Secretary of HUD shall review and cer-
tify submissions from representatives of the home-
less and submit to the Commission an assessment of 
the validity and merits of the notice of interest with-
in 60 days from the date the Commission submits 
its report to the President. In the case where more 
than one notice of interest is entered for a property, 
the Secretary shall indicate to the Commission which 
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planned use of the property for the homeless has 
more merit. 
(4) Within 30 days of the Commission’s sub-
mission to the President and public release of the 
Commission’s recommendations, any parties pro-
posing interest in the property that the Commission 
has determined should be reviewed for any other 
public benefit programs enumerated in subsection 
(a), for a use that is not homeless assistance, may 
submit a notice of interest to the Commission and 
to the federal agency that is otherwise tasked by law 
to review applications for the public benefit convey-
ance program under which the party is applying. 
The notice of interest must contain the information 
otherwise required by the law creating the convey-
ance program. 
(5) Federal agencies that have been tasked with 
reviewing application for public benefit conveyance 
programs, that receive notices of interest with infor-
mation pertaining to the certification of the validity 
of a proposed public benefit conveyance operating 
under one of the uses under subsection (a) that are 
not homeless assistance, shall review and certify sub-
missions from parties proposing such future use for 
the property and submit to the Commission an as-
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sessment of the validity and merits of the informa-
tion contained in the notice of interest within 60 
days from the date the Commission submits its rec-
ommendations to the President. In the case where 
more than one notice of interest is entered for a 
property, the Secretary of the reviewing agency shall 
indicate to the Commission which planned use of the 
property has more merit. 
(6) The Commission shall compile all informa-
tion and assessments regarding submitted notices of 
interest about properties and, upon the moment that 
the recommendations gain legal force after consider-
ation by Congress, forward them to the agencies 
that maintain custody and control over the civilian 
real properties to be disposed for their consideration 
in implementing the Commission’s recommendations. 
(7) In the event a property reviewed by HUD 
is found to be fit for use by the homeless and HUD 
has identified a representative of the homeless whose 
notice of interest is certified, or, in the event of 
more than one notice of interest on the property, 
whose notice of interest is deemed to have the most 
merit by HUD, the agency maintaining custody or 
control of the property, in accordance with sub-
section (a), shall commence conveyance of the prop-
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erty to that representative of the homeless upon the 
recognition that the Commission’s recommended ac-
tivity to convey the property for one of those uses 
in subsection (a) has gained legal force. In the event 
a reviewed property is found to be unfit for use by 
the homeless, or there is no identified notice of in-
terest on the property by a representative of the 
homeless, the agency shall then look to whether 
there are any parties that have expressed interest in 
the property for one of those uses in subsection (a) 
that are not homeless assistance and whether any 
Federal reviewing agency has certified one of those 
uses. If so, the agency maintaining custody or con-
trol of the property shall commence conveyance of 
the property to that party that proposed the cer-
tified use upon the recognition that the Commis-
sion’s recommended activity to convey the property 
for one of those uses in subsection (a) has gained 
legal force. In the event that more than one party 
that has expressed interest in the property in this 
manner exists, the agency shall have the discretion 
to choose among them. 
(8) In the event a property does not qualify for, 
or there is no interest in a property reviewed for one 
of those uses in subsection (a) upon the recognition 
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that the Commission’s recommended activity to con-
vey the property for one of those uses in subsection 
(a) has gained legal force, the agency shall have the 
discretion to choose among any other remaining 
ways to implement the recommendation regarding 
the property. 
(d) ENVIRONMENTAL CONSIDERATIONS.— 
(1) The provisions of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
shall not apply to the actions of the President, the 
Commission, or any agency, in carrying out any of 
the Commission’s recommendations except— 
(A) during the process of property dis-
posal; and 
(B) during the process of relocating func-
tions from a property being disposed of or re-
aligned to another property after the receiving 
property has been selected but before the func-
tions are relocated. 
(2) In applying the provisions of the National 
Environmental Policy Act of 1969 to the processes 
referred to in subsection (d)(1), the agencies do not 
have to consider— 
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(A) the need for closing or realigning the 
property which has been recommended for clo-
sure or realignment by the Commission; 
(B) the need for transferring functions to 
another Federal property; or 
(C) any alternative path, not associated 
with an environmental choice, to those rec-
ommended or selected. 
(3) A civil action for judicial review, with re-
spect to any requirement of the National Environ-
mental Policy Act of 1969 to the extent such Act is 
applicable under subsection (d)(2), of any Act or 
failure to act by a federal agency during the closing, 
realigning, or relocating of functions referred to in 
subsection (d)(2), may not be brought more than 60 
days after the dates of such act or failure to act. 
(4) Agencies may dispose or realign property 
without regard to any provision of law restricting 
the use of funds for disposing or realigning Federal 
property included in any appropriations or author-
ization Act. 
(5) Notwithstanding Section 120(h) of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9620(h)), 
federal agencies may enter into an agreement to 
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transfer the deed real property with any person who 
agrees to perform all environmental restoration, 
waste management, and environmental compliance 
activities that are required for the property or facili-
ties under Federal and State laws, administrative 
decisions, agreements (including schedules and mile-
stones), and concurrences. This type of transfer may 
only happen if the head of the transferring agency 
can certify to Congress that— 
(A) the costs of all environmental restora-
tion, waste management, and environmental 
compliance activities otherwise to be paid by the 
Secretary with respect to the property or facili-
ties are equal to or greater than the fair market 
value of the property or facilities to be trans-
ferred, as determined by the Secretary; or 
(B) if such costs are lower than the fair 
market value of the property or facilities, the 
recipient of the property or facilities agrees to 
pay the difference between the fair market 
value and such costs. 
(6) In the case of property that may be trans-
ferred pursuant to this Act, the Agency may pay the 
recipient of such property or facilities an amount 
equal to the lesser of— 
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(A) the amount by which the costs in-
curred by the recipient of such property or fa-
cilities for all environmental restoration, waste 
management, and environmental compliance ac-
tivities with respect to such property or facili-
ties exceed the fair market value of such prop-
erty or facilities as specified in such certifi-
cation; or 
(B) the amount by which the costs (as de-
termined by the Secretary) that would other-
wise have been incurred by the Secretary for 
such restoration, management, and activities 
with respect to such property or facilities exceed 
the fair market value of such property or facili-
ties as so specified. 
(7) As part of an agreement pursuant to this 
Act, the Secretary shall disclose to the person to 
whom the property or facilities will be transferred 
any information of the Agency regarding the envi-
ronmental restoration, waste management, and envi-
ronmental compliance activities described in this Act 
that relate to the property or facilities. The Agency 
shall provide such information before entering into 
the agreement. 
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(e) Nothing in this subsection shall be construed to 
modify, alter, or amend the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
SEC. 
19. 
CONGRESSIONAL 
APPROVAL 
OF 
PROPOSED 
PROJECTS. 
(a) Section 3307(b) of title 40, United States Code 
is amended by: 
(1) striking ‘‘;and’’ at the end of paragraph (6) 
and inserting ‘‘;’’; 
(2) striking ‘‘.’’ at the end of paragraph (7) and 
inserting ‘‘;’’; and 
(3) adding at the end the following new para-
graph: 
‘‘(8) a statement of how the proposed project is 
consistent with section 11(b) of the Civilian Prop-
erty Realignment Act.’’. 
SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES. 
Chapter 33 of title 40, United States Code, is amend-
ed by adding at the end the following new section: 
‘‘3317. LIMITATION ON LEASING AUTHORITY OF OTHER 
AGENCIES. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, no executive agency may lease space for the 
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purposes of a public building as defined under section 
3301, except as provided under section 585 and the provi-
sions of in this chapter. 
‘‘(b) CONSTRUCTION.—Nothing in this section shall 
be construed as creating new authority for executive agen-
cies to enter into leases.’’. 
SEC. 21. IMPLEMENTATION REVIEW BY GAO. 
Upon the date specified in section 14(i), the Comp-
troller General of the United States shall at least annually 
monitor, review the implementation activities of federal 
agencies pursuant to section 15, and report to Congress 
any findings and recommendations. 
Æ 
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