19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–385 

PROVIDING FOR CONSIDERATION OF THE BILL (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 

FEBRUARY 3, 2012.—Referred to the House Calendar and ordered to be printed 

Mr. WEBSTER, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 537] 

The Committee on Rules, having had under consideration House 

Resolution 537, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1734, the Civilian Property Realignment Act, under a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure. The resolution waives 

all points of order against consideration of the bill. The resolution 

provides that the amendment in the nature of a substitute consisting of the text of Rules Committee Print 112–11, shall be considered as adopted, and provides that the bill, as amended, shall 

be considered as read. The resolution waives all points of order 

against provisions in the bill, as amended. The resolution makes in 

order only those further amendments printed in this report. Each 

such amendment may be offered only in the order printed in this 

report, may be offered only by a Member designated in this report, 

shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent 

and an opponent, shall not be subject to amendment, and shall not 

be subject to a demand for division of the question in the House 

or in the Committee of the Whole. The resolution waives all points 

of order against the amendments printed in this report. Finally, 

the resolution provides one motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

Although the rule waives all points of order against consideration 

of the bill, the Committee is not aware of any points of order. The 

waiver is prophylactic in nature. 

The waiver of all points of order against provisions in the bill, 

as amended, includes a waiver of section 306 of the Congressional 

Budget Act, prohibiting consideration of legislation within the jurisdiction of the Committee on the Budget unless reported by the 

Budget Committee. The waiver is necessary because section 17(c) 

of Rules Committee Print 112–11 falls within the jurisdiction of the 

Committee on the Budget, which did not report the bill. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 185 

Motion by Mr. McGovern to report an open rule. Defeated: 3–7. 

Majority Members Vote Minority Members Vote 

Mr. Sessions ............................................................. Nay Mr. McGovern ........................................................... Yea 

Ms. Foxx .................................................................... Nay Mr. Hastings of Florida ........................................... Yea 

Mr. Woodall .............................................................. Nay Mr. Polis ................................................................... Yea 

Mr. Nugent ............................................................... Nay 

Mr. Scott of South Carolina ..................................... Nay 

Mr. Webster .............................................................. Nay 

Mr. Dreier, Chairman ............................................... Nay 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Norton (DC): Would require federal agencies to compile environmental information about all property being considered for action and provide for a limited review of property by homeless service providers. (10 minutes) 

2. Denham (CA): Would provide for a review of properties for use 

for the homeless. (10 minutes) 

3. Connolly (VA): Would protect the ability of federal agencies to 

work with local governments to preserve appropriate excess federal 

property as open space, eliminating federal maintenance expenses 

while preserving public benefits. (10 minutes) 

4. Jackson Lee (TX): Would add a sense of Congress that the Civilian Property Realignment Commission should take steps to provide assistance to small and minority-owned businesses seeking to 

be awarded contracts and requires the Commission to report to 

Congress and the President every 6 months regarding contracting 

and the size of the entities awarded contracts. (10 minutes) 

5. Norton (DC): Would streamline GSA’s notification process of 

excess properties by requiring GSA to directly notify Indian tribes 

of available excess properties and granting Indian tribes the option 

of obtaining the properties directly from GSA at fair market value 

rather the Department of Interior. (10 minutes) 

6. Carnahan (MO): Would require the use of life-cycle cost analysis in the design or lease of federal buildings receiving at least 

50% Federal funding and which construction cost is over 

$1,000,000 or the space to be leased is over 25,000 square feet. 


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Would require future prospectuses submitted to Congress for the 

construction, alteration or acquisition of a building or space to be 

leased by the Administrator of General Services to describe the use 

of life-cycle cost analysis and how its use has impacted long-term 

costs. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY DELEGATE NORTON OF THE

DISTRICT OF COLUMBIA OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 12, after line 13, insert the following: 

(D) The environmental effects of the disposal, transfer, 

consolidation, co-location, or reconfiguration of the Federal 

civilian real properties. 

Page 14, line 5, before the period insert ‘‘and the environmental 

effects’’. 

Page 28, after line 15, insert the following: 

(e) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT REVIEW.— 

Upon the enactment of a joint resolution described in section 14(c) 

and for not more than 90 days after such enactment, the Secretary 

of Housing and Urban Development shall apply section 501 of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411) to the 

extent practicable, to any buildings identified for disposal in the 

approved recommendations that are not more than 25,000 square 

feet or valued at less than $5,000,000. 

Page 31, strike lines 15 through 17 and insert the following: 

(1) PRECLUSION OF JUDICIAL REVIEW.—The following actions 

shall not be subject to judicial review: 

(A) Actions of the Commission under section 12. 

(B) Actions of the Director of OMB and Federal agencies 

under section 11. 

Page 31, strike line 24 and all that follows through line 2 on 

page 32 and insert the following: ‘‘of functions under this Act, may 

be brought only within timeframes established by law or regulation 

of the relevant agency but in no case more than 60 days after the 

date of completion of the associated environmental review of the 

relevant agency.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DENHAM

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 28, after line 15, insert the following: 

(e) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT REVIEW.— 

Upon the enactment of a joint resolution described in section 14(c) 

and for not more than 90 days after such enactment, the Secretary 

of Housing and Urban Development shall apply section 501 of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411) to the 

extent practicable, to any buildings identified for disposal in the 

approved recommendations that are not more than 25,000 square 

feet or valued at less than $5,000,000. 


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3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 28, line 15, insert after ‘‘the Administrator.’’ the following: 

‘‘The Administrator may also exclude property from any such 

transaction that the Administrator has determined is suitable for 

assignment to the Secretary of the Interior for transfer to a State, 

a political subdivision or instrumentality of a State, or a municipality for use as a public park or recreation area under section 

550(e) of title 40, United States Code. In making such determination, the Administrator may consider the appraised value of the 

property and the highest and best use.’’ 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 35, after line 14, insert the following: 

SEC. 22. SENSE OF CONGRESS AND REPORTS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Civilian Property Realignment Commission, should 

take steps to provide assistance to small, minority, and 

woman-owned businesses seeking to be awarded contracts to 

redevelop federal property; 

(2) the Civilian Property Realignment Commission and other 

appropriate Federal officials should conduct a public information campaign to advise small, minority, and women-owned 

business firms with respect to contracts for the sale or redevelopment of Federal property; and 

(3) firms that are awarded contracts pertaining to the redevelopment of Federal property should, to the maximum extent 

practicable, seek to award subcontracts for such contracts to 

small, minority, and women-owned business firms. 

(b) PROGRESS REPORTS.—Every 6 months, the Civilian Property 

Realignment Commission shall submit to the appropriate committees of Congress and the President, a report regarding contracting. 

Each such report shall indicate, as of the date of the submission 

of such report, the size of all business firms awarded contracts by 

the Commission and the size of all business firms awarded subcontracts under such contracts 

5. AN AMENDMENT TO BE OFFERED BY DELEGATE NORTON OF THE

DISTRICT OF COLUMBIA OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 35, after line 14, insert the following: 

SEC. 22. FAIR DISPOSAL OF EXCESS PROPERTY TO INDIAN TRIBES. 

(a) POLICIES AND METHODS.—Section 521 of title 40, United 

States Code, is amended— 

(1) by striking ‘‘Subject to’’ and inserting ‘‘(A) IN GENERAL.— 

Subject to’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A) by striking ‘‘and’’ after the semicolon; 


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(B) in subparagraph (B) by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) to a local Indian tribe, as defined in section 560 of 

this title. 

‘‘(b) NOTIFICATION REQUIREMENT.—The Administrator of General 

Services, in consultation with Indian tribes, shall develop policies 

and procedures to ensure that local Indian tribes are timely notified of the availability of excess property.’’. 

(b) REIMBURSEMENT FOR TRANSFER OF EXCESS PROPERTY.—Section 522 of title 40, United States Code, is amended— 

(1) in subsection (b)(2)— 

(A) in subparagraph (A) by striking ‘‘or’’ after the semicolon; 

(B) in subparagraph (B) by striking the period at the end 

and inserting ‘‘; or’’; and 

(C) by adding at the end the following: 

‘‘(C) a local Indian tribe, as defined in section 560 of this 

title, except for property that is subject to section 523.’’; 

and 

(2) by adding at the end the following: 

‘‘(d) SAVINGS PROVISION.—Nothing in this section shall prevent a 

Federal agency from making a request on behalf of an Indian tribe, 

as defined in section 560 of this title.’’. 

(c) DEFINITION OF INDIAN TRIBE.— 

(1) IN GENERAL.—Subchapter III of chapter 5 of title 40, 

United States Code, is amended by adding at the end the following: 

‘‘§ 560. Definition of Indian tribe 

‘‘In this subchapter, the term ‘Indian tribe’ means any Indian 

tribe or Alaska Native tribe, band, nation, pueblo, village, or other 

organized group or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).’’. 

(2) CLERICAL AMENDMENT.—The analysis for chapter 5 of 

title 40, United States Code, is amended by inserting after the 

item relating to section 559 the following: 

‘‘560. Definition of Indian tribe.’’. 

(d) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Administrator of General Services shall transmit to 

the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Environment and Public 

Works of the Senate a report on— 

(1) the procedures used to notify Indian tribes, as defined in 

section 560 of title 40, United States Code, of the availability 

of excess property; 

(2) the number of such Indian tribes that expressed interest 

in excess property available under subchapter II of chapter 5 

of title 40, United States Code, and the number of such Indian 

tribes that expressed interest in property under section 523 of 

such title; and 

(3) the number of such Indian tribes that received excess 

property under such subchapter. 


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6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARNAHAN

OF MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new sections: 

SEC. 22. CONSIDERATION OF LIFE-CYCLE COST REQUIRED. 

Section 3305 of title 40, United States Code, is amended by adding at the end the following new subsection: 

‘‘(d) CONSIDERATION OF LIFE-CYCLE COST REQUIRED.— ‘‘(1) REQUIREMENT.—The Administrator shall ensure that the 

life-cycle cost of a public building is considered in the construction or lease of a public building described in paragraph (2). 

‘‘(2) FEDERAL BUILDINGS SUBJECT TO REQUIREMENT.—A public building is subject to the requirement under paragraph (1) 

if— 

‘‘(A) construction or lease of the building begins after the 

date of the enactment of the Civilian Property Realignment Act; 

‘‘(B) the estimated construction costs of the building ex- ceed $1,000,000; 

‘‘(C) in the case of a lease, the square footage of the 

property is more than 25,000 square feet; and 

‘‘(D) Federal funding comprises more than 50 percent of 

the funding for the estimated construction or lease costs of 

the building. 

‘‘(3) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) LIFE-CYCLE COST.—The term ‘life-cycle cost’ means 

the sum of the following costs, as estimated for the lifetime 

of a building: 

‘‘(i) Investment costs. 

‘‘(ii) Capital costs. 

‘‘(iii) Installation costs. 

‘‘(iv) Energy costs. 

‘‘(v) Operating costs. 

‘‘(vi) Maintenance costs. 

‘‘(vii) Replacement costs. 

‘‘(B) LIFETIME OF A BUILDING.—The term ‘lifetime of a 

building’ means, with respect to a building, the greater 

of— 

‘‘(i) the period of time during which the building is 

projected to be utilized; or 

‘‘(ii) 50 years.’’. 

SEC. 23. LONG-TERM SAVINGS THROUGH LIFE-CYCLE COST ANALYSIS. 

Section 3307(b) of title 40, United States Code, as amended by 

section 19, is further amended— 

(1) in paragraph (7), by striking ‘‘and’’ at the end; 

(2) in paragraph (8), by striking the period at the end and 

inserting ‘‘; and’’; and 


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(3) by adding at the end the following: 

‘‘(9) with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, 

a statement by the Administrator describing the use of lifecycle cost analysis and any increased design, construction, or 

acquisition costs identified by such analysis that are offset by 

lower long-term costs.’’. 

Æ 


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