GENERAL PROVISIONS GOVERNMENT-WIDE

(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive order.

(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.

(3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.

(1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year [2011]2012, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and

(2) during the period consisting of the remainder of fiscal year [2011]2012, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of—

(A) the percentage adjustment taking effect in fiscal year [2011]2012 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and

(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year [2011]2012 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section.

(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee.

(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, [2010]2011, shall be determined under regulations prescribed by the Office of Personnel Management.

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, [2010]2011, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.

(e) This section shall apply with respect to pay for service performed after September 30, [2010]2011.

(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.

(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.

(b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from—

(1) the Central Intelligence Agency;

(2) the National Security Agency;

(3) the Defense Intelligence Agency;

(4) the National Geospatial-Intelligence Agency;

(5) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;

(6) the Bureau of Intelligence and Research of the Department of State;

(7) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and

(8) the Director of National Intelligence or the Office of the Director of National Intelligence.

(1) means an Executive agency, as defined under 5 U.S.C. 105;

(2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission; and

(3) shall not include the Government Accountability Office.

(b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties.

(transfer of funds)

(1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or

(2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site.

(b) Exceptions.—The limitations established in subsection (a) shall not apply to—

(1) any record of aggregate data that does not identify particular persons;

(2) any voluntary submission of personally identifiable information;

(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or

(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site.

(c) Definitions.—For the purposes of this section:

(1) The term "regulatory'' means agency actions to implement, interpret or enforce authorities provided in law.

(2) The term "supervisory'' means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law.

(b) Nothing in this section shall apply to a contract with—

(1) any of the following religious plans:

(A) Personal Care's HMO; and

(B) OSF HealthPlans, Inc.; and

(2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.

(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions.

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.

(b) Waivers.—

(1) In general.—Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security.

(2) Report to congress.—Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress.

(c) Exception.—This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract.

(a) In subsection (a)(3) by—

(1) Striking "December 31, 2010'' and inserting "December 31, 2011'';

(2) Striking "submit an inventory in accordance with the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note)'' and inserting "have a Chief Financial Officer pursuant to section 901 of title 31'';

(3) Striking "or extended through the exercise of an option'';

(4) Striking "April 1, 2010'' and inserting "October 1, 2010'';

(5) Inserting "covered'' before "service contract'' in the second sentence; and

(6) Striking "and subcontractor'' from subparagraph (G); and

(b) In subsection (h)(2) by striking "2010'', "2011'', and "2012'' each place they appear and inserting "2011'', "2012'', and "2013'' respectively; and

(c) By striking subsection (i) and inserting the following:

"(i)Definitions—In this section, the term:

"'Covered service contract' means any service contract awarded on or after October 1, 2010—

"(1) other than a contract or class of contracts excluded in guidance issued by the Office of Management and Budget pursuant to subsection (a)(1); and

"(2) with a value, including all options of—

"(i) $5 million or greater for purposes the inventory due on December 31, 2011,

"(ii) $2.5 million or greater for purposes of the inventory due on December 31, 2012,

"(iii) $1 million or greater for purposes of the inventory due on December 31, 2013, and

"(iv) $500,000 or greater for purposes of the inventory due on or after December 31, 2014.

"'Executive agency' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).''. ]

(b) An individual serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, may not receive a pay rate increase in calendar year 2011, notwithstanding schedule adjustments made under section 5318 of title 5, United States Code, or any other provision of law, except as provided in subsection (g) or (h). The preceding sentence applies only to individuals who are holding a position in which they serve at the pleasure of the President or other appointing official.

(c) A chief of mission or ambassador at large may not receive a pay rate increase in calendar year 2011, notwithstanding section 401 of the Foreign Service Act of 1980 (Public Law 96–465) or any other provision of law, except as provided in subsection (g) or (h).

(d) A noncareer appointee in the Senior Executive Service may not receive a pay rate increase in calendar year 2011, notwithstanding sections 5382 and 5383 of title 5, United States Code.

(e) Any employee paid a rate of basic pay (including locality-based payments under section 5304 of title 5, United States Code, or similar authority) at or above level IV of the Executive Schedule who serves at the pleasure of the appointing official may not receive a pay rate increase in calendar year 2011, notwithstanding any other provision of law, except as provided in subsection (g) or (h). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, or to employees appointed under 5 U.S.C. 3161, or to employees in another pay system whose position would be classified at GS-15 or below if chapter 51 of title 5, United States Code, applied to them.

(f) Nothing in this section shall prevent employees who do not serve at the pleasure of the appointing official from receiving pay increases as otherwise provided under applicable law.

(g) A career appointee in the Senior Executive Service who receives a Presidential appointment and who makes an election to retain Senior Executive Service basic pay entitlements under section 3392 of title 5, United States Code, is not subject to this section.

(h) A member of Senior Foreign Service who receives a Presidential appointment to any position in the executive branch and who makes an election to retain Senior Foreign Service pay entitlements under section 302(b)of the Foreign Service Act of 1980 (Public Law 96–465) is not subject to this section.]

(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code, or

(2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code.

(a) DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE AGENCIES.

(1) In General.—Section 524 of title 40, United States Code, is amended to read as follows:

"Sec.524. Duties of the General Services Administration and executive agencies

"(a) Duties of the General Services Administration—

"(1) DATABASE.—The Administrator shall establish and maintain a single, comprehensive, and descriptive database of all Federal real property assets under the custody and control of all executive agencies, other than real property assets excluded for reasons of national security. The Administrator shall collect from each executive agency such descriptive information, except for classified information, as necessary in order to describe the nature, use, and extent of the real property holdings of the Federal government. The descriptive information for each piece of real property shall include—

"(A) geographic location with address and description;

"(B) total size including square footage and acreage;

"(C) mission criticality; and

"(D) the level of utilization of the property, including whether the real property is excess, surplus, underutilized, or unutilized.

"(2) USABILITY.—(A) The Administrator shall, in consultation with the Director of the Office of Management and Budget, make the database established and maintained under this section available to other Federal agencies.

"(B) To the extent consistent with national security, the database shall be accessible by the public at no cost through the Web site of the General Services Administration. The Administrator may withhold from public disclosure information included in the database if the Administrator determines that withholding such information would be in the best interest of the Government or the public. At a minimum, the Administrator shall make summary information contained in the database available to the public.

"(C) Nothing in this paragraph requires an agency to make available to the public information that is exempt from disclosure pursuant to section 552 of title 5, United States Code (popularly known as the Freedom of Information Act).

"(3) ANNUAL REPORT.—(A) The Administrator shall submit an annual report, for each of the first 5 years after enactment of the Act, to the congressional committees listed in subparagraph (C) based on data submitted by all executive agencies, detailing executive agency efforts to reduce their real property assets and the additional information described in subparagraph (B).

"(B) The report shall contain the following information for the year covered by the report:

"(i) The aggregated estimated value and number of real property assets under the custody and control of all executive agencies, set forth government-wide and by agency and at the facility/installation level.

"(ii) The aggregated estimated value and number of excess real property assets under the custody and control of all executive agencies, set forth government-wide and by agency.

"(I) The aggregated cost for maintaining all excess real property under the custody and control of all executive agencies, set forth government-wide and by agency.

"(II) For purposes of subclause (I), costs for real properties owned by the Federal government shall include recurring maintenance and repair costs, utilities, cleaning and janitorial costs, and roads and grounds expenses.

"(III) For purposes of subclause (I), costs for real properties leased by the Federal government shall include lease costs, including base and operating rent and any other relevant costs listed in subclause (II) not covered in the lease contract.

"(iii) The aggregated estimated deferred maintenance costs of all real property under the custody and control of all executive agencies, set forth government-wide and by agency.

"(iv) For each surplus facility/installation that is demolished or disposed of by way of a public-benefit conveyance, an indication of the estimated net savings to the federal government as a result of its disposal.

"(v) For each surplus real property facility/installation disposed of, an indication of—

"(I) its geographic location with address and description;

"(II) its size, including square footage and acreage;

"(III) the date and method of disposal; and

"(IV) its estimated value.

"(vi) Such other information as the Administrator considers appropriate.

"(C) The congressional committees referred to in subparagraph (A) are as follows:

"(i) The Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives.

"(ii) The Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate.

"(b) Duties of Executive Agencies—

"(1) IN GENERAL.—Each executive agency shall—

"(A) maintain adequate inventory controls and accountability systems for property under its control;

"(B) continuously survey property under its control to identify excess property;

"(C) fully utilize all assets under the agency's control; and

"(D) promptly dispose of unneeded property.

"(2) SPECIFIC REQUIREMENTS WITH RESPECT TO REAL PROPERTY.—With respect to real property, each executive agency shall—

"(A) develop and implement a real property asset management plan in order to identify properties to declare as excess;

"(B) identify and categorize all real property owned, leased, or otherwise managed by the agency; and

"(C) establish adequate goals and incentives that lead the agency to reduce excess real property in its inventory.

"(3) ADDITIONAL REQUIREMENTS.—Each executive agency, as far as practicable, shall—

"(A) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase;

"(B) transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; and

"(C) obtain excess properties from other Federal agencies to meet mission needs before acquiring non-Federal property.''.

(2) Clerical Amendment.-The item relating to section 524 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows:

"524. Duties of the General Services Administration and executive agencies.''.

(b) ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY.

(1) Authority to Pay Expenses Related to Reverted Real Property.—Section 572(a)(2)(A) of title 40, United States Code, is amended by adding at the end the following:

"(iv) The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property.''.

(2) Requirements Related to Sales of Reverted Property Under Section 550.—Section 550(b)(1) of title 40, United States Code, is amended—

(A) by inserting "(A)'' after "(1) IN GENERAL—"; and

(B) by adding at the end the following: "If the official, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property, and, subject to subparagraph (B), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements.

"(B) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 553 and 554 of this title.''.

(3) Requirements Related to Sales of Reverted Property Under Section 553.—Section 553(e) of title 40, United States Code, is amended—

(A) by inserting "(1)'' after "This Section— "; and

(B) by adding at the end the following: "If the Administrator determines that reversion of the property is necessary to enforce compliance with the terms of the conveyance, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements.

"(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 554 of this title.''.

(4) Requirements Related to Sales of Reverted Property Under Section 554.—Section 554(f) of title 40, United States Code, is amended—

(A) by inserting "(1)'' after "This Section— "; and

(B) by adding at the end the following: "If the Secretary, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements.

"(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 553 of this title.''.

(c) AGENCY RETENTION OF PROCEEDS.

Section 571 of title 40, United States Code, is amended by inserting at the end thereof the following:

() "(c) Deposit in Agency Real Property Accounts —

"(1) Proceeds From Transfer or Sale of Real Property.—Net proceeds described in paragraph (4) shall be deposited into the appropriate real property account of the agency that had custody and accountability for the real property at the time the real property is determined to be excess. Such funds shall be expended only as authorized in annual appropriations Acts and only for activities as described in section 524(b) of this title and disposal activities, including paying costs incurred by the General Services Administration for any disposal-related activity authorized by this title, and for activities related to Federal real property capital improvements and disposal activities.

"(2) Effect on Other Sections.—Nothing in this section is intended to affect sections 572(b), 573, or 574 of this title.

"(3) Disposal Agency for Reverted Property.—For the purposes of this section, for any real property that reverts to the United States under sections 550, 553, and 554 of this title, the General Services Administration, as the disposal agency, shall be treated as the agency with custody and accountability for the real property at the time the real property is determined to be excess.

"(4) Net Proceeds.—The net proceeds referred to in paragraph (1) are proceeds under this chapter, less expenses of a disposition, as defined in section 572(a)(2) of this title, from a sale of surplus real property.".

(d) FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM.

Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter:

"SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY

"§621. Pilot Program

"(a) The Director of the Office of Management and Budget (in this subchapter referred to as the 'Director') is authorized to conduct a pilot program, to be known as the 'Federal Real Property Disposal Pilot Program', under which real property that is not meeting Federal Government needs may be disposed of in accordance with this subchapter.

"(b) For purposes of this subchapter, the Director shall identify criteria for determining whether real property is not meeting Federal Government needs.

"(c) The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter.

"§622. Selection of Real Properties

"Agencies will recommend candidate disposition properties to the Director for participation in the pilot program. The Director, with the concurrence of the head of the executive agency concerned and consistent with the criteria established in section 621, may then select such candidate properties for participation in the pilot program and notify the recommending agency accordingly.

"§623. Expedited Disposal Requirements

"(a) For purposes of the pilot program, an "expedited disposal of a real property'' is a sale of real property for cash that is conducted pursuant to the requirements of section 545 of this title.

"(b) Real property sold under the pilot program must be sold at not less that the fair market value as determined by the Director in consultation with the head of the executive agency.

"(c) A real property may be sold under the pilot program only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). A disposal of real property under the pilot program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal.

"(d) Nothing in this subchapter shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (e).

"(e) Any expedited disposal of a real property conducted under this section shall not be subject to—

"(1) subchapter IV of this chapter;

"(2) sections 550 and 553 of title 40, United States Code;

"(3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);

"(4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or

"(5) any congressional notification requirement other than that in section 545 of this title.".

(e) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following:

"SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY

"621. Pilot Program.

"622. Selection of Real Properties.

(1) shall support performance-based awards that—

(A) are designed to—

(i) promote innovative strategies to reduce the aggregate level of government investment needed to achieve successful outcomes; and

(ii) impose minimal administrative requirements on service providers, so as to allow for maximum flexibility to improve efficiency and effectiveness;

(B) are between the agency administering the appropriated funds and—

(i) a not-for-profit or other entity that is a provider of services;

(ii) a not-for-profit or other entity that arranges for the provision of services; or

(iii) a State, local, or tribal government that is providing services or contracting for the provision of services;

(C) specify—

(i) that the administering agency will disburse funds to the recipient of the award only upon a determination by such agency that one or more outcomes (as specified in the award) have been achieved, and that such determination shall be made through the use of reliable, objective outcome-measurement methodologies that are set forth in the award;

(ii) the affected population, the outcomes to be achieved, and the reliable, objective outcome-measurement methodologies that will be used to determine whether the specified outcomes have been achieved;

(D) where appropriate, are accompanied by waivers of non statutory administrative requirements; and

(E) are issued and administered by an agency under any existing authority (such as in the form of a grant, cooperative agreement, or other type of assistance), based on a pre-award assessment by the agency, taking into account the amount of the proposed award, the likelihood of achieving the specified outcomes, the anticipated return on investment, and other relevant factors;

(2) may be used for the expenses of a neutral evaluation of outcome measures, outcome-measurement methodologies, or achievement of outcomes under a Pay for Success project; and

(3) shall, upon obligation, remain available for disbursement until expended, notwithstanding 31 U.S.C. 1552(a); and, if later deobligated, in whole or in part, such deobligated amounts shall be available until expended for obligation for new Pay for Success projects, except to the extent that this or any other Act specifies another purpose for such deobligated amounts.

(b) The Director of the Office of Management and Budget shall issue guidance to Federal agencies on carrying out Pay for Success projects.

(a) Short Title.This section may be cited as the "Civilian Property Realignment Act (CPRA)" (Act).

(b) Purpose.The purposes of this Act are to:

(1) create a fair process that will result in the timely disposal and realignment of Federal civilian real property, including but not limited to unneeded buildings and warehouses;

(2) streamline the current legal framework to accelerate the disposal and realignment of civilian real property in the Federal government's inventory;

(3) facilitate the disposal of those unneeded civilian real properties that are currently subject to legal restrictions that prevent their disposal.

(4) reduce the operating and maintenance costs of Federal civilian real properties through the disposal of unneeded properties and realignment of other real properties by consolidating, co-locating, and re-configuring space, and through realizing other operational efficiencies; and

(5) create incentives for Federal agencies to achieve greater efficiency in their inventories of civilian real property by enabling agencies to retain and reinvest savings and sale proceeds;

(6) assist Federal agencies in achieving the government's sustainability goals by reducing excess space, inventory, and energy consumption, as well as by leveraging new technologies.

(c) Civilian Real Property. For the purpose of this section, the terms "Federal civilian real property" and "civilian real property" refer to Federal real property assets, under the custody and control of any executive agency ("executive agency" means an executive department or independent establishment in the executive branch of the Government, and a wholly owned Government corporation), that are used for civilian purposes. This definition shall not be construed as including any of the following types of property:

(1) military installations as defined at Section 2910 of the Defense Base Closure and Realignment Act of 1990;

(2) those properties that are excluded for reasons of national security by the Director of the Office of Management and Budget (OMB); and

(3) those properties that are excepted from the definition of "property" at 40 U.S.C. 102(9).

(d) Board.

(1) There is established an independent board to be known as the Civilian Property Realignment Board (Board).

(2) The Board shall carry out the duties specified for it in this Act.

(3) The Board shall be composed of seven members appointed by the President. The President shall designate one such individual who shall serve as Chairperson of the Board.

(e) Board Meetings.

(1) Each meeting of the Board, other than meetings in which classified information is to be discussed, shall be open to the public.

(2) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the Chairman and the ranking minority party member of:

(A) the House Subcommittee on Economic Development, Public Buildings, and Emergency Management of the Committee on Transportation and Infrastructure;

(B) the House Subcommittee on Government Management of the Committee on Oversight and Government Reform;

(C) the Senate Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security of the Committee on Homeland Security and Governmental Affairs; and

(D) the Senate Subcommittee on Transportation and Infrastructure of the Committee on Environmental and Public Works.

(f) Recommendations.

(1) The Board shall identify opportunities for the Federal government to significantly reduce its inventory of civilian real property.

(2) The Board will perform an independent analysis of the inventory of Federal civilian real property. To assist in this analysis, the Board will obtain recommendations from Federal agencies, which shall include the identification of:

(A) Federal civilian real properties that can be sold for proceeds and otherwise disposed of, transferred, consolidated, co-located, or reconfigured, so as to reduce the civilian real property inventory and operating costs of the Federal government, and

(B) operational efficiencies that the Federal Government can realize in its operation and maintenance of Federal civilian real properties.

(3) The Board shall perform an independent review of the recommendations provided by Federal agencies.

(4) After performing an independent analysis and receiving the recommendations from the agencies, the Board shall conduct public hearings. All testimony before the Board at a public hearing under this paragraph shall be presented under oath.

(5) The Board shall, at a minimum, biannually transmit to the Director of OMB, and publicly post on a Federal website, a report containing the Board's findings, conclusions, and recommendations for the disposal, transfer, consolidation, co-location, and reconfiguration of Federal civilian real properties and for other operational efficiencies that can be realized in the Federal government's operation and maintenance of such properties. The Board shall transmit its first report within 120 days of the date of enactment of this Act. The Board shall seek to develop consensus recommendations, but if consensus cannot be obtained, the Board may include in its report recommendations that are supported by a majority of the Board.

(6) Upon receipt of the Board's recommendations, the OMB Director shall conduct a review of such recommendations. In conducting this review, the Director shall take into consideration the views and recommendations of the Federal agencies. Within 25 days of receiving the Board's recommendations, the OMB Director shall transmit to the Board and Congress a report that sets forth the Director's approval or disapproval of the Board's recommendations.

(A) If the OMB Director approves of the Board's recommendations, the Director shall also transmit a copy of the recommendations to the Congress.

(B) If the OMB Director disapproves of the Board's recommendations, in whole or in part, the Director shall also transmit to the Board and Congress the reasons for that disapproval. The Board shall then transmit to the Director a revised list of recommendations within 10 days.

(C) If the OMB Director approves all of the revised recommendations of the Board, the Director shall transmit a copy of such revised recommendations to Congress with a report certifying approval of the revisions within 10 days.

(D) If the OMB Director does not transmit an approval of the revisions to Congress within 10 days, the process by which civilian properties may be realigned with respect to that fiscal year shall be terminated.

(g) Congressional Consideration of the Recommendations.

(1) Within 45 calendar days from the date of the OMB Director's transmission to Congress of the approved recommendations, Congress may enact a joint resolution to disapprove the entire recommendation package, with no changes or amendments allowed.

(2) For Congress to pass such a joint resolution disapproving the recommendations, a resolution to disapprove of the recommendations must be introduced within the 10 calendar day period beginning on the date on which the OMB Director transmits the report to the Congress.

(3) If this resolution is introduced in the House of Representatives, it shall be referred to the House Committee on Oversight and Government Reform. If this resolution is introduced in the Senate, it shall be referred to the Senate Committee on Homeland Security and Governmental Affairs. Congress may invite the Board, Federal agencies, and other experts to testify in person.

(4) If the committee to which a resolution is referred has not reported such a resolution (or an identical resolution) by the end of the 20 calendar day period beginning on the date from which the OMB Director transmits the report to the Congress, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved where any member may move to proceed on the resolution.

(5) If Congress fails to pass such a joint resolution within the 45 calendar day period from the date of the OMB Director's transmission to Congress, then the recommendations immediately gain legal force, and agencies shall commence recommended activities.

(6) This subsection is enacted by Congress —

(A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in this subsection, and it supersedes other rules only to the extent that is it inconsistent with such rules; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

(h) Authorization of Appropriations.There are authorized to be appropriated, including for the activities of the Board, such funds as are necessary to carry out this section.

(i) Funding.

(1) There is hereby established on the books of the Treasury an account to be known as the "Civilian Property Realignment Board—Salaries and Expenses" account.

(A) There shall be deposited into the account such amounts, as are provided in appropriations acts, for those necessary payments for salaries and expenses to accomplish the administrative needs of the Board.

(B) If no amounts are appropriated for the salaries and expenses of the Board for a particular fiscal year, then the OMB Director may support the Board's activities under this section during that fiscal year by the Director approving either or both of the following actions:

(i) a transfer to the Board of amounts from the "Civilian Property Realignment Board—Asset Proceeds and Space Management Fund", and

(ii) a transfer to the Board of not more than $8,000,000 from unobligated amounts in accounts of Federal land-holding agencies.

(2) There is hereby established on the books of the Treasury an account to be known as the "Civilian Property Realignment Board—Asset Proceeds and Space Management Fund." There shall be deposited into the account:

(A) Such amounts as are provided in appropriations acts, to remain available until expended, for the space consolidation, co-location, and re-configuration of Federal agencies; and

(B) Gross proceeds received from the disposal of any civilian real property pursuant to a recommendation of the Board that gains legal force under subsection (g). The Board, with the consent of the OMB Director, may transfer, from the gross proceeds to a Federal agency, amounts:

(i) to cover the necessary costs associated with—

(I) the disposal of property;

(II) consolidation, co-location, and reconfiguration actions;

(III) other actions taken to otherwise realize operational efficiencies,including but not limited to such actions as environmental restoration; and

(ii) for outplacement assistance to Federal employees who work at a Federal property that is affected by actions taken under this section, and whose employment would be terminated as a result of such disposal, consolidation, or other realignment.

(C) Net proceeds (which are gross proceeds received from the disposal of any civilian real property pursuant to a recommendation of the Board, less the amounts transferred from this account under subparagraph (i)(1)(B)(i) and paragraph (i)(2)(B)), 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. On an annual basis, the OMB Director shall determine how the net proceeds shall be distributed, through transfer, amongst the General Fund, Federal agencies, and the Asset Proceeds and Space Management Fund (at a minimum, the General Fund must receive no less than sixty percent of the net proceeds). Such proceeds, as are distributed by the OMB Director to the Asset Proceeds and Space Management Fund, are hereby appropriated and shall remain available until expended, without further appropriation, to carry out the duties specified in (f).