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JANUARY 27, 2012 

RULES COMMITTEE PRINT 112-11 

TEXT OF H.R. 1734, THE CIVILIAN PROPERTY

REALIGNMENT ACT

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Civilian Property Re3 alignment Act’’ or ‘‘CPRA’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to consolidate the footprint of Federal 

7 buildings and facilities; 

8 (2) to maximize the utilization rate of Federal 

9 buildings and facilities; 

10 (3) to reduce the reliance on leased space; 

11 (4) to sell or redevelop high value assets that 

12 are underutilized to obtain the highest and best 

13 value for the taxpayer and maximize the return to 

14 the taxpayer; 

15 (5) to reduce the operating and maintenance 

16 costs of Federal civilian real properties through the 

17 realignment of real properties by consolidating, co18 locating, and reconfiguring space, and other oper19 ational efficiencies; 


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1 (6) to reduce redundancy, overlap, and costs as2 sociated with field offices; 

3 (7) to create incentives for Federal agencies to 

4 achieve greater efficiency in their inventories of civil5 ian real property; 

6 (8) to facilitate and expedite the sale or dis7 posal of unneeded civilian properties; and 

8 (9) to assist Federal agencies in achieving the 

9 Government’s sustainability goals by reducing excess 

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

11 by leveraging new technologies. 

12 SEC. 3. DEFINITIONS. 

13 In this Act, unless otherwise expressly stated, the fol14 lowing definitions apply: 

15 (1) FEDERAL CIVILIAN REAL PROPERTY AND

16 CIVILIAN REAL PROPERTY.— 

17 (A) PROPERTY.—The terms ‘‘Federal civil18 ian real property’’ and ‘‘civilian real property’’ 

19 refer to Federal real property assets, including 

20 public buildings as defined in section 3301 of 

21 title 40, United States Code, occupied and im22 proved grounds, leased space, or other physical 

23 structures under the custody and control of any 

24 Federal agency. 


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1 (B) FURTHER EXCLUSIONS.—Subpara2 graph (A) shall not be construed as including 

3 any of the following types of property: 

4 (i) A base, camp, post, station, yard, 

5 center, homeport facility for any ship, or 

6 any activity under the jurisdiction of the 

7 Department of Defense or Coast Guard. 

8 (ii) Properties that are excluded for 

9 reasons of national security by the Direc10 tor of the Office of Management and 

11 Budget. 

12 (iii) Properties that are excepted from 

13 the definition of ‘‘property’’ under section 

14 102(9) of title 40, United States Code. 

15 (iv) Indian and Native Alaskan prop16 erties including— 

17 (I) any property within the limits 

18 of any Indian reservation to which the 

19 United States owns title for the ben20 efit of an Indian tribe; and 

21 (II) any property title which is 

22 held in trust by the United States for 

23 the benefit of any Indian tribe or indi24 vidual or held by an Indian tribe or 


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1 individual subject to restriction by the 

2 United States against alienation. 

3 (v) Properties operated and main4 tained by the Tennessee Valley Authority 

5 pursuant to the Tennessee Valley Author6 ity Act of 1933 (16 U.S.C. 831, et seq.). 

7 (vi) Postal properties owned by the 

8 United States Postal Service. 

9 (vii) Properties used in connection 

10 with Federal programs for agricultural, 

11 recreational, and conservation purposes, in12 cluding research in connection with the 

13 programs. 

14 (viii) Properties used in connection 

15 with river, harbor, flood control, reclama16 tion, or power projects. 

17 (ix) Properties located outside the 

18 United States operated or maintained by 

19 the Department of State or the United 

20 States Agency for International Develop21 ment. 

22 (2) FEDERAL AGENCY.—The term ‘‘Federal 

23 agency’’ means an executive department or inde24 pendent establishment in the executive branch of the 


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1 Government, and a wholly owned Government cor2 poration. 

3 (3) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of General Serv5 ices. 

6 (4) COMMISSION.—The term ‘‘Commission’’ 

7 means the Civilian Property Realignment Commis8 sion. 

9 (5) OMB.—The term ‘‘OMB’’ means the Office 

10 of Management and Budget. 

11 (6) FIELD OFFICE.—The term ‘‘field office’’ 

12 means any Federal office that is not the Head13 quarters office location for the Federal agency. 

14 SEC. 4. COMMISSION. 

15 (a) ESTABLISHMENT.—There is established an inde16 pendent commission to be known as the Civilian Property 

17 Realignment Commission, referred to in this Act as the 

18 ‘‘Commission’’. 

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

20 duties as specified in this Act. 

21 (c) MEMBERSHIP.— 

22 (1) IN GENERAL.—The Commission shall be 

23 composed of a Chairperson appointed by the Presi24 dent, by and with the advice and consent of the Sen25 ate, and 8 members appointed by the President. 


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1 (2) APPOINTMENTS.—In selecting individuals 

2 for appointments to the Commission, the President 

3 shall consult with— 

4 (A) the Speaker of the House of Rep5 resentatives concerning the appointment of 2 

6 members; 

7 (B) the majority leader of the Senate con8 cerning the appointment of 2 members; 

9 (C) the minority leader of the House of 

10 Representatives concerning the appointment of 

11 1 member; and 

12 (D) the minority leader of the Senate con13 cerning the appointment of 1 member. 

14 (3) TERMS.—The term for each member of the 

15 Commission shall be 6 years. 

16 (4) VACANCIES.—Vacancies shall be filled in 

17 the same manner as the original appointment. 

18 (5) QUALIFICATIONS.—In selecting individuals 

19 for appointment to the Commission, the President 

20 shall ensure the Commission contains individuals 

21 with expertise representative of the following: 

22 (A) Commercial real estate and redevelop23 ment. 

24 (B) Government management or oper25 ations. 


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1 (C) Community development, including 

2 transportation and planning. 

3 (D) Historic preservation. 

4 SEC. 5. COMMISSION MEETINGS. 

5 (a) OPEN MEETINGS.—Each meeting of the Commis6 sion, other than meetings in which classified information 

7 is to be discussed, shall be open to the public. Any open 

8 meeting shall be announced in the Federal Register and 

9 the Federal website established by the Commission at least 

10 14 calendar days in advance of a meeting. For all public 

11 meetings, the Commission shall release an agenda and a 

12 listing of materials relevant to the topics to be discussed. 

13 (b) QUORUM AND MEETINGS.—Seven Commission 

14 members shall constitute a quorum for the purposes of 

15 conducting business and 3 or more Commission members 

16 shall constitute a meeting of the Commission. 

17 (c) TRANSPARENCY OF INFORMATION.—All the pro18 ceedings, information, and deliberations of the Commis19 sion shall be open, upon request, to the Chairperson and 

20 the ranking minority party member, and their respective 

21 subcommittee Chairperson and ranking minority party 

22 member, of— 

23 (1) the Committee on Transportation and In24 frastructure of the House of Representatives; 


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1 (2) the Committee on Oversight and Govern2 ment Reform of the House of Representatives; 

3 (3) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; 

5 (4) the Committee on Environmental and Pub6 lic Works of the Senate; and 

7 (5) the committees on Appropriations of the 

8 House of Representatives and the Senate. 

9 (d) GOVERNMENT ACCOUNTABILITY OFFICE.—All 

10 proceedings, information, and deliberations of the Com11 mission shall be open, upon request, to the Comptroller 

12 General of the United States. 

13 SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 

14 (a) COMPENSATION.— 

15 (1) RATE OF PAY FOR MEMBERS.—Each mem16 ber, other than the Chairperson, shall be paid at a 

17 rate equal to the daily equivalent of the minimum 

18 annual rate of basic pay payable for level IV of the 

19 Executive Schedule under section 5315 of title 5, 

20 United States Code, for each day (including travel 

21 time) during which the member is engaged in the ac22 tual performance of duties vested in the Commis23 sion. 

24 (2) RATE OF PAY FOR CHAIRPERSON.—The 

25 Chairperson shall be paid for each day referred to 


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1 in paragraph (1) at a rate equal to the daily equiva2 lent of the minimum annual rate of basic pay pay3 able for level III of the Executive Schedule under 

4 section 5314, of title 5, United States Code. 

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

6 including per diem in lieu of subsistence, in accordance 

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

8 Code. 

9 SEC. 7. EXECUTIVE DIRECTOR. 

10 (a) APPOINTMENT.—The Commission shall appoint 

11 an Executive Director and may disregard the provisions 

12 of title 5, United States Code, governing appointments in 

13 the competitive service. 

14 (b) RATE OF PAY FOR DIRECTOR.—The Executive 

15 Director shall be paid at the rate of basic pay payable 

16 for level IV of the Executive Schedule under section 5315 

17 of title 5, United States Code. 

18 SEC. 8. STAFF. 

19 (a) ADDITIONAL PERSONNEL.—Subject to subsection 

20 (b), the Executive Director, with the approval of the Com21 mission, may appoint and fix the pay of additional per22 sonnel. 

23 (b) DETAIL EMPLOYEES FROM OTHER AGENCIES.— 

24 Upon request of the Executive Director, the head of any 

25 Federal agency may detail any of the personnel of that 


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1 agency to the Commission to assist the Commission in car2 rying out its duties under this Act. 

3 (c) QUALIFICATIONS.—Appointments shall be made 

4 with consideration of a balance of expertise consistent with 

5 the qualifications of representatives described in section 

6 4(c)(5). 

7 SEC. 9. CONTRACTING AUTHORITY. 

8 (a) EXPERTS AND CONSULTANTS.—The Commission, 

9 to the extent practicable and subject to appropriations 

10 made by law, shall use existing contracts entered into by 

11 the Administrator for services necessary to carry out the 

12 duties of the Commission. 

13 (b) SPACE.—The Administrator, in consultation with 

14 the Commission, shall identify suitable excess space within 

15 the Federal space inventory to house the operations of the 

16 Commission. 

17 (c) PERSONAL PROPERTY.—The Commission shall 

18 use personal property already in the custody and control 

19 of the Administrator. 

20 (d) USE OF SMALL BUSINESSES.—In exercising its 

21 authorities under this section and section 12, the Commis22 sion shall use, to the greatest extent practicable, small 

23 businesses as defined by section 3 of the Small Business 

24 Act (15 U.S.C. 632). 


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1 SEC. 10. TERMINATION. 

2 The Commission shall cease operations and terminate 

3 6 years after the date of enactment of this Act. 

4 SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE 

5 COMMISSION. 

6 (a) SUBMISSIONS OF AGENCY INFORMATION AND

7 RECOMMENDATIONS.—Not later than 120 days after the 

8 date of enactment of this Act and 120 days after the be9 ginning of each fiscal year thereafter, the head of each 

10 Federal agency shall submit to the Administrator and the 

11 Director of OMB the following: 

12 (1) CURRENT DATA.—Current data of all Fed13 eral civilian real properties owned, leased, or con14 trolled by the respective agency, including all rel15 evant information prescribed by the Administrator 

16 and the Director of OMB, including data related to 

17 the age and condition of the property, operating 

18 costs, history of capital expenditures, sustainability 

19 metrics, number of Federal employees and functions 

20 housed in the respective property, and square foot21 age (including gross, rentable, and usable). 

22 (2) AGENCY RECOMMENDATIONS.—Rec23 ommendations which shall include the following: 

24 (A) Federal civilian properties that can be 

25 sold for proceeds and otherwise disposed of, re26 ported as excess, declared surplus, or otherwise 


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1 no longer meeting the needs of the agency, ex2 cluding leasebacks or other such exchange 

3 agreements where the property continues to be 

4 used by the agency. 

5 (B) Federal civilian properties that can be 

6 transferred, exchanged, consolidated, co-located, 

7 reconfigured, or redeveloped, so as to reduce 

8 the civilian real property inventory, reduce the 

9 operating costs of the Government, and create 

10 the highest value and return for the taxpayer. 

11 (C) Operational efficiencies that the Gov12 ernment can realize in its operation and main13 tenance of Federal civilian real properties. 

14 (b) STANDARDS AND CRITERIA.—Not later than 60 

15 days after the date specified in subsection (a), the Director 

16 of OMB, in consultation with the Administrator, shall re17 view agency recommendations submitted pursuant to sub18 section (a), and develop consistent standards and criteria 

19 against which agency recommendations will be reviewed. 

20 The Director of OMB and the Administrator shall develop 

21 recommendations to the Commission based on those 

22 standards and criteria. In developing the standards and 

23 criteria, the Director of OMB, in consultation with the Ad24 ministrator, shall incorporate the following: 


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1 (1) The extent to which the Federal building or 

2 facility could be sold (including property that is no 

3 longer meeting the needs of the Federal Govern4 ment), redeveloped, or otherwise used to produce the 

5 highest and best value and return for the taxpayer. 

6 (2) The extent to which the operating and 

7 maintenance costs are reduced through consoli8 dating, co-locating, and reconfiguring space, and 

9 through realizing other operational efficiencies. 

10 (3) The extent to which the utilization rate is 

11 being maximized and is consistent with non-govern12 mental industry standards for the given function or 

13 operation. 

14 (4) The extent and timing of potential costs 

15 and savings, including the number of years, begin16 ning with the date of completion of the proposed rec17 ommendation. 

18 (5) The extent to which reliance on leasing for 

19 long-term space needs is reduced. 

20 (6) The extent to which a Federal building or 

21 facility aligns with the current mission of the Fed22 eral agency. 

23 (7) The extent to which there are opportunities 

24 to consolidate similar operations across multiple 

25 agencies or within agencies. 


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1 (8) The economic impact on existing commu2 nities in the vicinity of the Federal building or facil3 ity. 

4 (9) The extent to which energy consumption is 

5 reduced. 

6 (c) SPECIAL RULE FOR UTILIZATION RATES.— 

7 Standards developed by the Director of OMB must incor8 porate and apply clear standard utilization rates con9 sistent throughout each category of space and with non10 government space utilization rates. To the extent the 

11 space utilization rates of a given agency fall below the uti12 lization rates to be applied under this subsection, the Di13 rector may recommend realignment, co-location, consolida14 tion, or other type of action to improve space utilization. 

15 (d) SUBMISSION TO THE COMMISSION.— 

16 (1) IN GENERAL.—The standards, criteria, and 

17 recommendations developed pursuant to subsection 

18 (b) shall be submitted to the Commission with all 

19 supporting information, data, analyses, and docu20 mentation. 

21 (2) PUBLICATION.—The standards, criteria, 

22 and recommendations shall be published in the Fed23 eral Register and transmitted to the committees des24 ignated in section 5(c) and to the Comptroller Gen25 eral of the United States. 


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1 (3) ACCESS TO INFORMATION.—The Commis2 sion shall also have access to all information per3 taining to the recommendations, including sup4 porting information, data, analyses, and documenta5 tion submitted pursuant to subsection (a). Upon re6 quest, Federal agencies shall provide, the Commis7 sion any additional information pertaining to its 

8 properties. 

9 SEC. 12. COMMISSION DUTIES. 

10 (a) IDENTIFICATION OF PROPERTY REDUCTION OP11 PORTUNITIES.—The Commission shall identify opportuni12 ties for the Government to reduce significantly its inven13 tory of civilian real property and reduce costs to the Gov14 ernment. 

15 (b) IDENTIFICATION OF HIGH VALUE ASSETS.— 

16 (1) IDENTIFICATION OF CERTAIN PROP17 ERTIES.—Not later than 180 days after Commission 

18 members are appointed pursuant to section 4, the 

19 Commission shall identify not less than 5 Federal 

20 properties that are not on the list of surplus or ex21 cess as of such date with a total fair market value 

22 of not less than $500,000,000 and transmit the list 

23 to the President and Congress as Commission rec24 ommendations and subject to the approval process 

25 described in sections 13 and 14. 


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1 (2) INFORMATION AND DATA.—In order to 

2 meet the goal established under paragraph (1), Fed3 eral agencies shall provide, upon receipt, any and all 

4 information and data regarding its properties to the 

5 Commission. The Commission shall notify the com6 mittees listed under section 5(c) of any failure by 

7 any agency to comply with a request of the Commis8 sion. 

9 (c) ANALYSIS OF INVENTORY.—The Commission 

10 shall perform an independent analysis of the inventory of 

11 Federal civilian real property and the recommendations 

12 submitted pursuant to section 11. The Commission shall 

13 not be bound or limited by the recommendations sub14 mitted pursuant to section 11. If, in the opinion of the 

15 Commission, an agency fails to provide needed informa16 tion, data or adequate recommendations that meet the 

17 standards and criteria, the Commission shall develop such 

18 recommendations as it considers appropriate based on ex19 isting data contained in the Federal Real Property Profile 

20 or other relevant information. 

21 (d) RECEIPT OF INFORMATION AND PROPOSALS.— 

22 Notwithstanding any other provision of law, the Commis23 sion may receive and consider proposals, information, and 

24 other data submitted by State and local officials and the 


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1 private sector. Such information shall be made publically 

2 available. 

3 (e) ACCOUNTING SYSTEM.—Not later than 120 days 

4 after the date of enactment of this Act, the Commission 

5 shall identify or develop and implement a system of ac6 counting to be used to independently evaluate the costs 

7 of and returns on the recommendations. Such accounting 

8 system shall be applied in developing the Commission’s 

9 recommendations and determining the highest return to 

10 the taxpayer. In applying the accounting system, the Com11 mission shall set a standard performance period. 

12 (f) PUBLIC HEARING.—The Commission shall con13 duct public hearings. All testimony before the Commission 

14 at a public hearing under this paragraph shall be pre15 sented under oath. 

16 (g) REPORTING OF INFORMATION AND REC17 OMMENDATIONS.— 

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

19 after the receipt of recommendations pursuant to 

20 section 11, and annually thereafter, the Commission 

21 shall transmit to the President, and publicly post on 

22 a Federal website maintained by the Commission a 

23 report containing the Commission’s findings, conclu24 sions, and recommendations for the consolidation, 

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1 tions, sale, and redevelopment of Federal civilian 

2 real properties and for other operational efficiencies 

3 that can be realized in the Government’s operation 

4 and maintenance of such properties. 

5 (2) RECOMMENDATIONS FOR SALE OR DIS6 POSAL OF PROPERTY.—To the extent the Commis7 sion recommendations include the sale or disposal of 

8 real property, these properties may be reported as 

9 excess, declared surplus, or determined as no longer 

10 meeting the needs of the Federal Government, ex11 cluding leasebacks or other such exchange agree12 ments where the property continues to be used by 

13 the Federal Government. 

14 (3) CONSENSUS IN MAJORITY.—The Commis15 sion shall seek to develop consensus recommenda16 tions, but if a consensus cannot be obtained, the 

17 Commission may include in its report recommenda18 tions that are supported by a majority of the Com19 mission. 

20 (h) FEDERAL WEBSITE.—The Commission shall es21 tablish and maintain a Federal website for the purposes 

22 of making relevant information publically available. 

23 (i) REVIEW BY GAO.—The Comptroller General of 

24 the United States shall transmit to the Congress and to 


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1 the Commission a report containing a detailed analysis of 

2 the recommendations and selection process. 

3 SEC. 13. REVIEW BY THE PRESIDENT. 

4 (a) REVIEW OF RECOMMENDATIONS.—Upon receipt 

5 of the Commission’s recommendations, the President shall 

6 conduct a review of such recommendations. 

7 (b) REPORT TO COMMISSION AND CONGRESS.—Not 

8 later than 30 days after receipt of the Commission’s rec9 ommendations, the President shall transmit to the Com10 mission and Congress a report that sets forth the Presi11 dent’s approval or disapproval of the Commission’s rec12 ommendations. 

13 (c) APPROVAL OR DISAPPROVAL.—If the President— 

14 (1) approves of the Commission’s recommenda15 tions, the President shall transmit a copy of the rec16 ommendations to Congress, together with a certifi17 cation of such approval; 

18 (2) disapproves of the Commission’s rec19 ommendations, in whole or in part, the President 

20 shall also transmit to the Commission and Congress 

21 the reasons for such disapproval. The Commission 

22 shall then transmit to the President, not later than 

23 30 days following the disapproval, a revised list of 

24 recommendations; 


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1 (3) approves all of the revised recommendations 

2 of the Commission, the President shall transmit a 

3 copy of such revised recommendations to Congress, 

4 together with a certification of such approval; or 

5 (4) does not transmit to the Congress an ap6 proval and certification described in paragraphs (1) 

7 or (3) within 30 days of receipt of the Commission’s 

8 recommendations or revised recommendations, as 

9 the case may be, the process shall terminate until 

10 the following year. 

11 SEC. 14. CONGRESSIONAL CONSIDERATION OF THE REC12 OMMENDATIONS. 

13 (a) JOINT RESOLUTION OF APPROVAL.—If a House 

14 of Congress has not taken a vote on final passage of a 

15 joint resolution as described in subsection (c) within 45 

16 days after the President’s transmission to that House of 

17 the approved recommendations pursuant to section 13, 

18 then such vote shall be taken on the next day of session 

19 following the expiration of the 45-day period. 

20 (b) COMPUTATION OF TIME PERIOD.—For the pur21 poses of this section, the days on which either House of 

22 Congress is not in session because of adjournment of more 

23 than three days shall be excluded in the computation of 

24 the period of time. 


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1 (c) TERMS OF THE RESOLUTION.—For purposes of 

2 this section, the term ‘‘joint resolution’’ means only a joint 

3 resolution— 

4 (1) which does not have a preamble; 

5 (2) the matter after the resolving clause of 

6 which is as follows: ‘‘That Congress approves the 

7 recommendations of the Civilian Property Realign8 ment Commission as submitted by the President on 

9 lllllllll, and notwithstanding any 

10 other provision of law, the Federal agencies shall im11 plement and carry out all of the Commission’s rec12 ommendations pursuant to section 15 of the Civilian 

13 Property Realignment Act’’, the blank space being 

14 filled in with the appropriate date; 

15 (3) the title of which is as follows: ‘‘Joint reso16 lution approving the recommendations of the Civilian 

17 Property Realignment Commission’’; and 

18 (4) which is introduced pursuant to subsection 

19 (d). 

20 (d) INTRODUCTION.—After a House of Congress re21 ceives the President’s transmission of approved rec22 ommendations pursuant to section 13, the majority leader 

23 of that House (or a designee) shall introduce (by request, 

24 if appropriate) a joint resolution described in subsection 

25 (c)— 


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1 (1) in the case of the House of Representatives, 

2 within three legislative days; and 

3 (2) in the case of the Senate, within three ses4 sion days. 

5 (e) CONSIDERATION IN THE HOUSE OF REPRESENT6 ATIVES.— 

7 (1) REFERRAL AND REPORTING.—Any com8 mittee of the House of Representatives to which a 

9 joint resolution is referred shall report it to the 

10 House without amendment not later than the tenth 

11 legislative day after the date of its introduction. If 

12 a committee fails to report the joint resolution with13 in that period, it shall be in order to move that the 

14 House discharge the committee from further consid15 eration of the joint resolution. Such a motion shall 

16 be in order only at a time designated by the Speaker 

17 in the legislative schedule within three legislative 

18 days after the day on which the proponent an19 nounces his intention to offer the motion. Notice 

20 may not be given on an anticipatory basis. Such a 

21 motion shall not be in order after the House has dis22 posed of a motion to discharge a joint resolution. 

23 The previous question shall be considered as ordered 

24 on the motion to its adoption without intervening 

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1 vided and controlled by the proponent and an oppo2 nent. If such a motion is adopted, the House shall 

3 proceed immediately to consider the joint resolution 

4 in accordance with paragraph (3). A motion to re5 consider the vote by which the motion is disposed of 

6 shall not be in order. 

7 (2) PROCEEDING TO CONSIDERATION.—After 

8 the last committee authorized to consider a joint res9 olution reports it to the House or has been dis10 charged (other than by motion) from its consider11 ation, it shall be in order to move to proceed to con12 sider the joint resolution in the House. Such a mo13 tion shall be in order only at a time designated by 

14 the Speaker in the legislative schedule within three 

15 legislative days after the day on which the proponent 

16 announces his intention to offer the motion. Notice 

17 may not be given on an anticipatory basis. Such a 

18 motion shall not be in order after the House has dis19 posed of a motion to proceed with respect to that 

20 transmittal of recommendations. The previous ques21 tion shall be considered as ordered on the motion to 

22 its adoption without intervening motion. A motion to 

23 reconsider the vote by which the motion is disposed 

24 of shall not be in order. 


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1 (3) CONSIDERATION.—The joint resolution 

2 shall be considered as read. All points of order 

3 against a joint resolution and against its consider4 ation are waived. The previous question shall be con5 sidered as ordered on a joint resolution to its pas6 sage without intervening motion except five hours of 

7 debate equally divided and controlled by the pro8 ponent and an opponent and one motion to limit de9 bate on the joint resolution. A motion to reconsider 

10 the vote on passage of the joint resolution shall not 

11 be in order. 

12 (4) POST SINE DIE.—If the House has adopted 

13 a concurrent resolution providing for adjournment 

14 sine die at the end of a Congress, a motion to dis15 charge under paragraph (1) or a motion to proceed 

16 under subparagraph (2) shall be in order as applica17 ble. 

18 (f) CONSIDERATION IN THE SENATE.— 

19 (g) AMENDMENTS PROHIBITED.—No amendment to, 

20 or motion to strike a provision from, a joint resolution con21 sidered under this section shall be in order in either the 

22 Senate or the House of Representatives. 

23 (h) CONSIDERATION BY OTHER HOUSE.— 

24 (1) IN GENERAL.—If, before the passage by one 

25 House of a joint resolution of that House described 


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1 in subsection (c), that House received from the other 

2 House a joint resolution described in subsection (c), 

3 then the following procedures shall apply: 

4 (A) NO COMMITTEE REFERRAL.—The joint 

5 resolution of the other House shall not be re6 ferred to a committee and may not be consid7 ered in the House receiving it except in the case 

8 of final passage as provided in subparagraph 

9 (B). 

10 (B) JOINT RESOLUTION PROCEDURE.— 

11 With respect to a joint resolution described in 

12 subsection (c) of the House receiving the joint 

13 resolution the procedure in that House shall be 

14 the same as if no joint resolution had been re15 ceived from the other House, but the vote on 

16 final passage shall be on the joint resolution of 

17 the other House. 

18 (2) NO CONSIDERATION.—Upon disposition of 

19 the joint resolution received from the other House, 

20 it shall no longer be in order to consider the joint 

21 resolution that originated in the receiving House. 

22 (3) EXCEPTION.—This subsection shall not 

23 apply to the House of Representatives if the joint 

24 resolution received from the Senate is a revenue 

25 measure. 


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1 (i) RULES OF THE SENATE AND HOUSE.—This sec2 tion is enacted by Congress— 

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

4 the Senate and House of Representatives, respec5 tively, and as such it is deemed a part of the rules 

6 of each House, respectively, but applicable only with 

7 respect to the procedure to be followed in that 

8 House in the case of a joint resolution described in 

9 this section, and it supersedes other rules only to the 

10 extent that it is inconsistent with such rules; and 

11 (2) with full recognition of the constitutional 

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

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

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

15 the case of any other rule of that House. 

16 SEC. 15. IMPLEMENTATION OF COMMISSION REC17 OMMENDATIONS. 

18 (a) CARRYING OUT RECOMMENDATIONS.—Upon the 

19 enactment of a joint resolution described in section 14(c), 

20 Federal agencies shall immediately begin preparation to 

21 carry out the Commission’s recommendations and shall 

22 initiate all activities no later than 2 years after the date 

23 on which the President transmits the recommendations to 

24 Congress. Federal agencies shall complete all rec25 ommended actions no later than the end of the 6-year peVerDate Nov 24 2008 13:54 Jan 27, 2012 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\HHALPERN\APPDATA\ROAMING\SOFTQUAD\XMETAL\5.5\GEN\C\CPRT-112-H

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1 riod beginning on the date on which the President trans2 mits the Commission’s recommendations to Congress. All 

3 actions shall be economically beneficial and be cost neutral 

4 or otherwise favorable to the Government. For actions 

5 that will take longer than the 6-year period due to extenu6 ating circumstances, each Federal agency shall notify the 

7 President and Congress as soon as the extenuating cir8 cumstance presents itself with an estimated time to com9 plete the relevant action. 

10 (b) ACTIONS OF FEDERAL AGENCIES.—In taking ac11 tions related to any Federal building or facility under this 

12 Act, Federal agencies may, pursuant to subsection (c), 

13 take all such necessary and proper actions, including— 

14 (1) acquiring land, constructing replacement fa15 cilities, performing such other activities, and con16 ducting advance planning and design as may be re17 quired to transfer functions from a Federal asset or 

18 property to another Federal civilian property; and 

19 (2) reimbursing other Federal agencies for ac20 tions performed at the request of the Commission. 

21 (c) NECESSARY AND PROPER ACTIONS.—When act22 ing on a recommendation of the Commission, a Federal 

23 agency shall continue to act within their existing legal au24 thorities, whether such authority has been delegated by 

25 the Administrator, or must work in partnership with the 


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1 Administrator to carry out such actions. The Adminis2 trator may take such necessary and proper actions, includ3 ing the sale, conveyance, or exchange of civilian real prop4 erty, as required to implement the Commission rec5 ommendations in the time period required under sub6 section (a). 

7 (d) DISCRETION OF ADMINISTRATOR REGARDING

8 TRANSACTIONS.—For any transaction identified, rec9 ommended, or commenced as a result of this Act, any oth10 erwise required legal priority given to, or requirement to 

11 enter into, a transaction to convey a Federal civilian real 

12 property for less than fair market value, for no consider13 ation at all, or in a transaction that mandates the exclu14 sion of other market participants, shall be at the discretion 

15 of the Administrator. 

16 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There is authorized a one-time 

18 appropriation to carry out this Act in the following 

19 amounts: 

20 (1) $20,000,000 for salaries and expenses of 

21 the Commission. 

22 (2) $62,000,000 to be deposited into the Asset 

23 Proceeds and Space Management Fund for activities 

24 related to the implementation of the Commission 

25 recommendations. 


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1 (b) FEDERAL BUILDINGS FUND.—There is author2 ized to be appropriated from the Federal Buildings Fund 

3 established under section 592 of title 40, United States 

4 Code, for construction and acquisition activities $0 for fis5 cal year 2012. 

6 SEC. 17. FUNDING. 

7 (a) CREATION OF SALARIES AND EXPENSES AC8 COUNT.— 

9 (1) ESTABLISHMENT OF ACCOUNT.—There is 

10 hereby established on the books of the Treasury an 

11 account to be known as the ‘‘Civilian Property Re12 alignment Commission—Salaries and Expenses’’ ac13 count. 

14 (2) NECESSARY PAYMENTS.—There shall be de15 posited into the account such amounts, as are pro16 vided in appropriations Acts, for those necessary 

17 payments for salaries and expenses to accomplish 

18 the administrative needs of the Commission. 

19 (b) CREATION OF ASSET PROCEEDS AND SPACE

20 MANAGEMENT FUND.—There is hereby established within 

21 the Federal Buildings Fund established under section 592 

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

23 as the ‘‘Civilian Property Realignment Commission— 

24 Asset Proceeds and Space Management Fund’’ which shall 

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1 suant to the Commission recommendations approved 

2 under section 14. Notwithstanding section 3307 of title 

3 40, United States Code, the following amounts shall be 

4 deposited into the account and made available for obliga5 tion or expenditure only as provided in advance in appro6 priations Acts for the purposes specified: 

7 (1) Such amounts as are provided in appropria8 tions Acts, to remain available until expended, for 

9 the consolidation, co-location, exchange, redevelop10 ment, re-configuration of space, disposal, and other 

11 actions recommended by the Commission for Federal 

12 agencies. 

13 (2) Amounts received from the sale of any civil14 ian real property action taken pursuant to a rec15 ommendation of the Commission under section 15. 

16 As provided in appropriations Acts, such proceeds 

17 may be made available to cover necessary costs asso18 ciated with implementing the recommendations pur19 suant to section 15, including costs associated 

20 with— 

21 (A) sales transactions; 

22 (B) acquiring land, construction, con23 structing replacement facilities, conducting ad24 vance planning and design as may be required 


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1 to transfer functions from a Federal asset or 

2 property to another Federal civilian property; 

3 (C) co-location, redevelopment, disposal, 

4 and reconfiguration of space; and 

5 (D) other actions recommended by the 

6 Commission for Federal agencies. 

7 (c) ADDITIONAL REQUIREMENT FOR BUDGET CON8 TENTS.—The President’s budget submitted pursuant to 

9 section 1105 of title 31, United States Code, shall include 

10 an estimate of proceeds that are the result of the Commis11 sion’s recommendations and the obligations and expendi12 tures needed to support such recommendations. 

13 SEC. 18. DISPOSAL OF REAL PROPERTIES. 

14 (a) ENVIRONMENTAL CONSIDERATIONS.— 

15 (1) APPLICABILITY OF OTHER LAW.—Public 

16 Law 91–190, as amended, shall not apply to activi17 ties under section 11 of this Act. 

18 (2) CIVIL ACTION.—A civil action for judicial 

19 review, with respect to any requirement of Public 

20 Law 91–190, as amended, to the extent such public 

21 law is applicable to the actions under section 15 of 

22 this Act, of any act or failure to act by a Federal 

23 agency during the closing, realigning, or relocating 

24 of functions under this Act, may not be brought 


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1 more than 60 days after the date of such act or fail2 ure to act. 

3 (3) TRANSFER OF REAL PROPERTY.— 

4 (A) IN GENERAL.—When implementing the 

5 recommended actions pursuant to section 15 for 

6 properties that have been identified in the Com7 mission’s recommendations and in compliance 

8 with the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601 et seq), including section 

11 120(h) thereof (42 U.S.C. 9620(h)), Federal 

12 agencies may enter into an agreement to trans13 fer by deed real property with any person. 

14 (B) ADDITIONAL TERMS.—The head of the 

15 disposing agency may require any additional 

16 terms and conditions in connection with an 

17 agreement authorized by subparagraph (A) as 

18 the head of the disposing agency considers ap19 propriate to protect the interests of the United 

20 States. Such additional terms and conditions 

21 shall not affect or diminish any rights or obliga22 tions of the federal agencies under CERCLA 

23 section 120(h) (including, without limitation, 

24 the requirements CERCLA section 


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1 120(h)(3)(A) and CERCLA section 

2 120(h)(3)(C)(iv)). 

3 (4) INFORMATION DISCLOSURE.—As part of an 

4 agreement pursuant to this Act, the agency shall 

5 disclose to the person to whom the property or facili6 ties will be transferred any information of the Fed7 eral agency regarding the environmental restoration, 

8 waste management, and environmental compliance 

9 activities described in this Act that relate to the 

10 property or facilities. The agency shall provide such 

11 information before entering into the agreement. 

12 (b) CONSTRUCTION OF CERTAIN ACTS.—Nothing in 

13 this section shall be construed to modify, alter, or amend 

14 the Comprehensive Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

16 or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 

17 SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED 

18 PROJECTS. 

19 Section 3307(b) of title 40, United States Code is 

20 amended— 

21 (1) by striking ‘‘and’’ at the end of paragraph 

22 (6); 

23 (2) by striking the period at the end of para24 graph (7) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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

2 consistent with section 11(b) of the Civilian Prop3 erty Realignment Act.’’. 

4 SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

5 (a) LIMITATION ON CERTAIN LEASING AUTHORI6 TIES.—Chapter 33 of title 40, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘§3317. Limitation on leasing authority of other agen9 cies 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of law, no executive agency may lease space for the 

12 purposes of a public building as defined under section 

13 3301, except as provided under section 585, and the provi14 sions in this chapter. 

15 ‘‘(b) PUBLIC BUILDING.—For the purposes of this 

16 section, the term ‘public building’ shall include leased 

17 space. 

18 ‘‘(c) FURTHER EXCLUSIONS.—This section shall not 

19 apply to— 

20 ‘‘(1) properties that are excluded for reasons of 

21 national security by the President; and 

22 ‘‘(2) properties of the Department of Veterans 

23 Affairs. 

24 ‘‘(d) CONSTRUCTION.—Nothing in this section shall 

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1 cies to enter into leases or limit the authority of the Ad2 ministration under section 3314.’’. 

3 (b) SMALL BUSINESSES.—When using commercial 

4 leasing services, the Administrator shall adhere to the re5 quirements of the Small Business Act (15 U.S.C. et seq.). 

6 (c) CLERICAL AMENDMENT.—The analysis for such 

7 chapter is amended by adding at the end: 

‘‘3317. Limitation on leasing authority of other agencies.’’. 

8 SEC. 21. IMPLEMENTATION REVIEW BY GAO. 

9 Upon transmittal of the Commission’s recommenda10 tions from the President to the Congress under section 

11 13, the Comptroller General of the United States at least 

12 annually shall monitor, review the implementation activi13 ties of Federal agencies pursuant to section 15, and report 

14 to Congress any findings and recommendations. 

◊ 


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