Sec. 7. Implementation of Board recommendations

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A Federal agency shall— Not later than 60 days after the date on which the Board submits recommendations to the Director and to Congress under paragraph

(1)or

(3)of section 6(c), begin preparation to carry out the recommendations of the Board; initiate all activities not later than 2 years after the date on which the Director submits the recommendations of the Board to Congress; and not later than the end of the 6-year period beginning on the date on which the Director submits to Congress the recommendations of the Board, complete the implementation of all recommended actions. Each recommended action taken by a Federal agency under paragraph

(1)shall be economically beneficial and cost-neutral or otherwise favorable to the Federal Government. In the case of a recommended action that will take longer than the 6-year period described in paragraph (1)(C) due to extenuating circumstances, a Federal agency shall notify the Director and Congress as soon as the extenuating circumstance becomes apparent with an estimated time to complete the relevant action. Pursuant to subsection (c), in taking an action related to any Federal building or facility under this Act, a Federal agency may, take all such necessary and proper actions, including— acquiring land, constructing replacement facilities, performing such other activities, and conducting such advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; reimbursing other Federal agencies for actions performed at the request of the Board; and taking such actions as are practicable to maximize the value of property to be sold by clarifying zoning and other limitations on use of the property. Except as provided in paragraph (2), in acting on a recommendation of the Board, a Federal agency shall— act within any authority delegated to the agency; and if the agency has not been delegated the authority to act on the recommendation, work in partnership with the Administrator to carry out the recommendation. The Administrator may take such necessary and proper actions, including the sale, conveyance, or exchange of tangible property, as are required to implement the recommendations of the Board in the time period described in subsection (a)(1)(C). A Federal agency may enter into no-cost nonappropriated contracts for expert commercial real estate services to carry out the responsibilities of the agency pursuant to the recommendations. 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 tangible 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 Administrator. Any recommendation or commencement of a sale, disposal, consolidation, reconfiguration, colocation, or realignment of tangible property shall not be subject to— the first section through section 3 of the Act of May 19, 1948 ( 16 U.S.C. 667b et seq. ); sections 107 and 317 of title 23, United States Code; section 545(b)(8) of title 40, United States Code; sections 550, 553, and 554 of title 40, United States Code; section 1304(b) of title 40, United States Code; section 47151 of title 49, United States Code; section 13(d) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(d) ); any other provision of law authorizing the conveyance of tangible property owned by the Federal Government for no consideration; and any congressional notification requirement (other than that under section 545 of title 40, United States Code). On the date on which the Director submits to Congress the recommendations of the Board under paragraph

(1)or

(3)of section 6(c) (except those buildings recommended under section 5(b)), the Director shall submit to the Secretary of Housing and Urban Development all known information on the buildings or properties included in the recommendations. Not later than 30 days after the Secretary of Housing and Urban Development receives the information described in paragraph (1), the Secretary shall identify any suitable properties for use as a property benefitting the mission of assistance to the homeless for the purposes of further screening pursuant to section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ). In implementing the recommendations of the Board under section 5(g), and subject to paragraph

(2)a Federal agency may enter into an agreement with any person to transfer real property by deed pursuant to section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3) ). The head of the Federal agency disposing of property under this paragraph may require any additional terms and conditions in connection with an agreement authorized by subparagraph

(A)as the head of the agency considers appropriate to protect the interests of the United States. Additional terms and conditions described in clause

(i)shall not affect or diminish any rights or obligations of a Federal agency under section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620 ). The head of a Federal agency shall not transfer real property or facilities under paragraph

(1)unless the head of the agency certifies to the Board and Congress that— the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Federal agency disposing of the property with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the head of the agency; or if the costs described in subparagraph

(A)are less than the fair market value of the property or facilities, the recipient of the property or facilities has agreed to pay the difference between the fair market value and those costs. In the case of a property covered by a certification under paragraph (2)(A), the Federal agency disposing of the property may pay the recipient of the property or facilities an amount equal to the lesser of— the amount by which the costs incurred by the recipient of the property or facilities for all environmental restoration, waste management, and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification; and the amount by which the costs (as determined by the head of the Federal agency disposing of the property) that would otherwise have been incurred by the Secretary of Housing and Urban Development for the restoration, waste management, and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification. As part of an agreement under paragraph (1), the head of the Federal agency disposing of the property shall, in accordance with applicable law and before entering into an agreement, disclose to the person to whom the property or facilities will be transferred information possessed by the agency regarding the environmental restoration, waste management, and environmental compliance activities described in this subsection that relate to the property or facilities. For the purposes of granting time extensions under subsection (a), the Director shall give the need for significant environmental remediation to a piece of property more weight than any other factor in determining whether to grant a 2-year extension to implement a Board recommendation. Nothing in this Act modifies, alters, or amends— the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ).

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Sec. 7

Implementation of Board recommendations

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