II 

112TH CONGRESS 

2D SESSION S. 2232 

To decrease the deficit by realigning, consolidating, disposing, and improving 

the efficiency of Federal buildings and other civilian real property, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2012 

Mr. BROWN of Massachusetts (for himself and Mr. WARNER) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To decrease the deficit by realigning, consolidating, disposing, and improving the efficiency of Federal buildings 

and other civilian real property, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civilian Property Re5 alignment Act of 2012’’ or ‘‘CPRA’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to consolidate the footprint of Federal 

9 buildings and facilities; 

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1 (2) to maximize the rate of use of Federal 

2 buildings and facilities; 

3 (3) to reduce the reliance of the Federal Gov4 ernment on leased space; 

5 (4) to sell or redevelop high-value assets that 

6 are underused to obtain the highest and best value 

7 for the taxpayer and maximize the return to the tax8 payer; 

9 (5) to reduce the operating and maintenance 

10 costs of Federal civilian real properties through the 

11 realignment of real properties by consolidating, co12 locating, and reconfiguring space, and by imple13 menting other operational efficiencies; 

14 (6) to reduce redundancy, overlap, and costs as15 sociated with field offices; 

16 (7) to create incentives for Federal agencies to 

17 achieve greater efficiency in inventories of civilian 

18 real property; 

19 (8) to facilitate and expedite the disposal of 

20 unneeded civilian properties; and 

21 (9) to assist Federal agencies in achieving sus22 tainability goals of the Federal Government by re23 ducing excess space, inventory, and energy consump24 tion, as well as by leveraging new technologies. 

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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

6 (2) ASSET PROCEEDS AND SPACE MANAGEMENT

7 FUND.—The term ‘‘Asset Proceeds and Space Man8 agement Fund’’ means the Civilian Property Re9 alignment Commission—Asset Proceeds and Space 

10 Management Fund established by section 18(c)(1). 

11 (3) COMMISSION.—The term ‘‘Commission’’ 

12 means the Civilian Property Realignment Commis13 sion established by section 4(a)(1). 

14 (4) DIRECTOR.—The term ‘‘Director’’ means 

15 the Director of the Office of Management and Budg16 et. 

17 (5) DISPOSAL.—The term ‘‘disposal’’ means 

18 any action that constitutes the removal of any Fed19 eral civilian real property from the Federal inven20 tory, including sale, deed, demolition, or exchange. 

21 (6) FEDERAL AGENCY.—The term ‘‘Federal 

22 agency’’ means— 

23 (A) an executive department or inde24 pendent establishment in the executive branch 

25 of the Government; and 

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1 (B) a wholly owned Government corpora2 tion. 

3 (7) FEDERAL CIVILIAN REAL PROPERTY; CIVIL4 IAN REAL PROPERTY.— 

5 (A) IN GENERAL.—The terms ‘‘Federal ci6 vilian real property’’ and ‘‘civilian real prop7 erty’’ mean any Federal real property asset. 

8 (B) INCLUSIONS.—The terms ‘‘Federal ci9 vilian real property’’ and ‘‘civilian real prop10 erty’’ include— 

11 (i) Federal buildings (as defined in 

12 section 3301 of title 40, United States 

13 Code); and 

14 (ii) occupied and improved grounds, 

15 leased space, or other physical structures 

16 under the custody and control of any Fed17 eral agency. 

18 (C) EXCLUSIONS.—The terms ‘‘Federal ci19 vilian real property’’ and ‘‘civilian real prop20 erty’’ do not include— 

21 (i) any military installation (as de22 fined in section 2910 of the Defense Base 

23 Closure and Realignment Act of 1990 (10 

24 U.S.C. 2687 note; Public Law 101–510)); 

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1 (ii) any property that is excepted from 

2 the definition of the term ‘‘property’’ 

3 under section 102 of title 40, United 

4 States Code; 

5 (iii) a designated wilderness study 

6 area or other areas managed for wilderness 

7 characteristics; 

8 (iv) Indian and native Eskimo prop9 erty held in trust by the Federal Govern10 ment as described in section 

11 3301(a)(5)(C)(iii) of title 40, United 

12 States Code; 

13 (v) property operated and maintained 

14 by the Tennessee Valley Authority pursu15 ant to the Tennessee Valley Authority Act 

16 of 1933 (16 U.S.C. 831 et seq.); 

17 (vi) postal property owned by the 

18 United States Postal Service; or 

19 (vii) any property the Director of the 

20 Office of Management and Budget ex21 cludes for reasons of national security. 

22 (8) FIELD OFFICE.—The term ‘‘field office’’ 

23 means any office of a Federal agency that is not the 

24 headquarters office location for the Federal agency. 

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1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Housing and Urban Development. 

3 (10) SMALL BUSINESS CONCERN.—The term 

4 ‘‘small business concern’’ has the meaning given the 

5 term in section 3 of the Small Business Act (15 

6 U.S.C. 632). 

7 SEC. 4. CIVILIAN PROPERTY REALIGNMENT COMMISSION. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established an inde10 pendent commission, to be known as the ‘‘Civilian 

11 Property Realignment Commission’’. 

12 (2) DUTIES.—The Commission shall carry out 

13 the duties described in section 6. 

14 (3) MEMBERSHIP.— 

15 (A) IN GENERAL.—The Commission shall 

16 be composed of— 

17 (i) a Chairperson appointed by the 

18 President, by and with the advice and con19 sent of the Senate; 

20 (ii) 2 members appointed by the 

21 President; 

22 (iii) 1 member appointed by the Ma23 jority Leader of the Senate; 

24 (iv) 1 member appointed by the Mi25 nority Leader of the Senate; 

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1 (v) 1 member appointed by the Speak2 er of the House of Representatives; and 

3 (vi) 1 member appointed by the Mi4 nority Leader of the House of Representa5 tives. 

6 (B) TERMS.—The term for each member 

7 of the Commission shall be 6 years. 

8 (C) VACANCIES.—Vacancies on the Com9 mission shall be filled in the same manner in 

10 which an original appointment was made. 

11 (D) QUALIFICATIONS.—In selecting indi12 viduals for appointment to the Commission, the 

13 President shall ensure the membership of the 

14 Commission includes individuals with expertise 

15 representative of— 

16 (i) commercial real estate and redevel17 opment; 

18 (ii) government management or oper19 ations; 

20 (iii) community development, includ21 ing transportation and planning; and 

22 (iv) historic preservation. 

23 (4) CONFLICTS OF INTEREST.—No member of 

24 the Commission or staff of a member of the Com25 mission shall participate in developing or issuing a 

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1 recommendation of the Commission if the member 

2 or staff of a member has an economic interest in an 

3 entity seeking to acquire any property to be dis4 posed, transferred, consolidated, colocated, reconfig5 ured, or redeveloped under this Act. 

6 (b) COMMISSION MEETINGS.— 

7 (1) OPEN MEETINGS.—Each meeting of the 

8 Commission, other than meetings in which classified 

9 information is to be discussed, shall— 

10 (A) be open to the public; 

11 (B) be broadcast on the website established 

12 by the Commission under section 6(h); 

13 (C) be announced in the Federal Register 

14 and the Federal website established by the 

15 Commission at least 14 calendar days in ad16 vance of the meeting; and 

17 (D) have released before the meeting an 

18 agenda and a listing of materials relevant to the 

19 topics to be discussed. 

20 (2) QUORUM AND MEETINGS.—Of the members 

21 of the Commission— 

22 (A) 5 members shall constitute a quorum 

23 for the purposes of conducting business; and 

24 (B) 3 or more Commission members shall 

25 constitute a meeting of the Commission. 

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1 (3) TRANSPARENCY OF INFORMATION.—All the 

2 proceedings, information, and deliberations of the 

3 Commission shall be open, on request, to the chair4 person and the ranking minority party member, and 

5 the respective subcommittee chairperson and ranking 

6 minority party member, of— 

7 (A) the Committee on Transportation and 

8 Infrastructure of the House of Representatives; 

9 (B) the Committee on Oversight and Gov10 ernment Reform of the House of Representa11 tives; 

12 (C) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 (D) the Committee on Environment and 

15 Public Works of the Senate; and 

16 (E) the Committees on Appropriations of 

17 the House of Representatives and the Senate. 

18 (4) GOVERNMENT ACCOUNTABILITY OFFICE.— 

19 All proceedings, information, and deliberations of 

20 the Commission shall be open, on request, to the 

21 Comptroller General of the United States. 

22 (c) COMPENSATION AND TRAVEL EXPENSES.— 

23 (1) COMPENSATION.— 

24 (A) RATE OF PAY FOR MEMBERS.—Each 

25 member of the Commission, other than the 

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1 Chairperson, shall be paid at a rate equal to the 

2 daily equivalent of the minimum annual rate of 

3 basic pay payable for level IV of the Executive 

4 Schedule under section 5315 of title 5, United 

5 States Code, for each day (including travel 

6 time) during which the member is engaged in 

7 the actual performance of duties vested in the 

8 Commission. 

9 (B) RATE OF PAY FOR CHAIRPERSON.— 

10 The Chairperson of the Commission shall be 

11 paid for each day referred to in subparagraph 

12 (A) at a rate equal to the daily equivalent of 

13 the minimum annual rate of basic pay payable 

14 for level III of the Executive Schedule under 

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

16 (2) TRAVEL.—A member of the Commission 

17 shall receive travel expenses, including per diem in 

18 lieu of subsistence, in accordance with sections 5702 

19 and 5703 of title 5, United States Code. 

20 (d) EXECUTIVE DIRECTOR.— 

21 (1) APPOINTMENT.—The Commission— 

22 (A) shall appoint an Executive Director; 

23 and 

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1 (B) shall not be required to comply with 

2 title 5, United States Code, governing appoint3 ments in the competitive service. 

4 (2) RATE OF PAY FOR DIRECTOR.—The Execu5 tive Director shall be paid at the rate of basic pay 

6 payable for level IV of the Executive Schedule under 

7 section 5315 of title 5, United States Code. 

8 (e) STAFF.— 

9 (1) ADDITIONAL PERSONNEL.—Subject to para10 graph (2), the Executive Director, with the approval 

11 of the Commission, may appoint and fix the pay of 

12 additional personnel. 

13 (2) DETAIL EMPLOYEES FROM OTHER AGEN14 CIES.—On request of the Executive Director, the 

15 head of any Federal agency may detail any of the 

16 personnel of that agency to the Commission to assist 

17 the Commission in carrying out the duties of the 

18 Commission under this Act. 

19 (3) QUALIFICATIONS.—Appointments shall be 

20 made with consideration of a balance of expertise 

21 consistent with the qualifications of representatives 

22 described in subsection (a)(3)(E). 

23 (f) CONTRACTING AUTHORITY.— 

24 (1) EXPERTS AND CONSULTANTS.—Subject to 

25 the availability of appropriations, the Commission 

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1 may procure by contract the temporary or intermit2 tent services of experts and consultants pursuant to 

3 section 3109 of title 5, United States Code. 

4 (2) SPACE.— 

5 (A) IN GENERAL.—The Administrator, in 

6 consultation with the Commission, shall identify 

7 suitable excess space within the Federal space 

8 inventory to house the operations of the Com9 mission. 

10 (B) LEASING.—If no space described in 

11 subparagraph (A) is available, the Commission 

12 may, notwithstanding section 3317 of title 40, 

13 United States Code (as added by section 12(a)), 

14 and subject to the availability of appropriations, 

15 lease space to house the operations of the Com16 mission. 

17 (3) PERSONAL PROPERTY.—Subject to the 

18 availability of appropriations, the Commission may 

19 acquire personal property. 

20 (4) USE OF SMALL BUSINESS CONCERNS.—In 

21 exercising the authority of the Commission under 

22 this section and section 5, the Commission shall use, 

23 to the maximum extent practicable, small business 

24 concerns. 

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1 (g) TERMINATION.—The Commission and the au2 thority of the Commission shall terminate on the date that 

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

4 SEC. 5. DEVELOPMENT OF RECOMMENDATIONS FOR 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 not later than 90 days 

9 after the beginning of each fiscal year thereafter, the head 

10 of each Federal agency shall submit to the Administrator 

11 and the Director a report that includes— 

12 (1) current data of all Federal civilian real 

13 properties owned, leased, or controlled by the respec14 tive agency (including all relevant information pre15 scribed by the Administrator and the Director), in16 cluding data relating to— 

17 (A) the age and condition of the property; 

18 (B) operating costs; 

19 (C) history of capital expenditures; 

20 (D) sustainability metrics; 

21 (E) number of Federal employees and 

22 functions housed in the respective property; and 

23 (F) square footage (including gross, rent24 able, and usable square footage); and 

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1 (2) recommendations with respect to the prop2 erty that include— 

3 (A) Federal civilian properties that can be 

4 disposed, transferred, consolidated, colocated, 

5 reconfigured, or redeveloped— 

6 (i) to reduce the civilian real property 

7 inventory; 

8 (ii) to reduce the operating costs of 

9 the Federal Government; and 

10 (iii) to create the highest value and 

11 return for the taxpayer; 

12 (B) operational efficiencies that may be re13 alized by the Federal Government in the oper14 ation and maintenance of Federal civilian real 

15 properties; and 

16 (C) opportunities to pursue enhanced use 

17 leasing in underused buildings in an effort to 

18 realize highest and best use of the buildings for 

19 the taxpayers. 

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

21 days after each date specified in subsection (a), subject 

22 to subsection (c), the Director, in consultation with the 

23 Administrator, shall— 

24 (1) review agency recommendations submitted 

25 pursuant to subsection (a); 

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1 (2) develop consistent standards and criteria 

2 against which agency recommendations will be re3 viewed, which shall be developed taking into consid4 eration— 

5 (A) the extent to which a Federal building 

6 or facility aligns with the current mission of the 

7 applicable Federal agency; 

8 (B) the extent to which there are opportu9 nities to consolidate similar operations across 

10 multiple agencies or within agencies; 

11 (C) the extent and timing of potential costs 

12 and savings, including the number of years, be13 ginning with the date of completion of the pro14 posed recommendation; 

15 (D) the economic impact on State and 

16 local communities in the vicinity of the Federal 

17 building or facility; 

18 (E) the extent to which the use rate is 

19 being maximized and is consistent with non20 governmental industry standards for the given 

21 function or operation; 

22 (F) the extent to which reliance on leasing 

23 for long-term space needs is reduced; 

24 (G) the extent to which the Federal build25 ing or facility could be redeveloped or otherwise 

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1 used to produce the highest and best value and 

2 return for the taxpayer; 

3 (H) the extent to which the operating and 

4 maintenance costs are reduced through consoli5 dating, colocating, and reconfiguring space, and 

6 through realizing other operational efficiencies; 

7 and 

8 (I) the extent to which energy consumption 

9 is reduced; and 

10 (3) develop recommendations for the Commis11 sion based on those standards and criteria. 

12 (c) SPECIAL RULE FOR USE RATES.— 

13 (1) IN GENERAL.—Standards developed by the 

14 Director under subsection (b) shall incorporate and 

15 apply clear standard use rates consistent throughout 

16 each category of space and with nongovernment 

17 space use rates. 

18 (2) UNDERUTILIZATION OF RATES.—To the ex19 tent use rates are underutilized by a given agency, 

20 the Director shall recommend realignment, coloca21 tion, consolidation, or another type of action to im22 prove space use. 

23 (d) SUBMISSION TO THE COMMISSION.— 

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

2 recommendations developed pursuant to subsection 

3 (b) shall be— 

4 (A) submitted to the Commission with all 

5 supporting information, data, analyses, and 

6 documentation; 

7 (B) published in the Federal Register; and 

8 (C) submitted to the committees referred 

9 to in section 4(b)(3) and the Comptroller Gen10 eral of the United States. 

11 (2) ACCESS TO INFORMATION.—The Commis12 sion shall have access to— 

13 (A) all information pertaining to the rec14 ommendations, including supporting informa15 tion, data, analyses, and documentation sub16 mitted pursuant to subsection (a); 

17 (B) on request of the Commission to a 

18 Federal agency, any additional information per19 taining to the properties of the Federal agency; 

20 and 

21 (C) all information in the Federal Real 

22 Property Profile. 

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1 SEC. 6. DUTIES OF COMMISSION. 

2 (a) IDENTIFICATION OF PROPERTY REDUCTION OP3 PORTUNITIES.—The Commission shall identify opportuni4 ties for the Federal Government to reduce significantly— 

5 (1) the Federal inventory of civilian real prop6 erty; and 

7 (2) the costs incurred by the Federal Govern8 ment in administering that property, including oper9 ations, maintenance, and security. 

10 (b) IDENTIFICATION OF HIGH-VALUE ASSETS.— 

11 (1) IDENTIFICATION OF CERTAIN PROP12 ERTIES.—Not later than 180 days after the date of 

13 enactment of this Act, the Commission shall— 

14 (A) identify for potential sale not fewer 

15 than 5 Federal properties that— 

16 (i) are not on the list of surplus or ex17 cess properties as of that date; and 

18 (ii) each have an anticipated sale 

19 price, as determined by the Commission, of 

20 not less than $500,000,000; and 

21 (B) submit a list of the properties so iden22 tified to the President and Congress, which 

23 shall be— 

24 (i) treated as a recommendation for 

25 the Commission under section 5; and 

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1 (ii) subject to the approval process de2 scribed in sections 7 and 8. 

3 (2) INFORMATION AND DATA.— 

4 (A) IN GENERAL.—To assist the Commis5 sion in carrying out paragraph (1), each Fed6 eral agency shall provide to the Commission, on 

7 request of the Commission, any information and 

8 data regarding the properties of the Federal 

9 agency. 

10 (B) FAILURE TO COMPLY.—The Commis11 sion shall notify the committees described in 

12 section 4(b)(3) of any failure by any Federal 

13 agency to comply with a request of the Commis14 sion. 

15 (3) TRANSFER.—Not later than 60 days after 

16 the date of approval of the list of properties sub17 mitted under paragraph (1), each Federal agency 

18 with custody, control, or administrative jurisdiction 

19 over an identified property shall transfer custody 

20 and control of, and administrative jurisdiction over, 

21 that property to the Administrator. 

22 (4) SALE.—Not later than 120 days after the 

23 date of approval of the list of properties submitted 

24 under paragraph (1), and notwithstanding any other 

25 provision of law (except as provided in section 

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1 10(d)), the Administrator shall sell the properties on 

2 the list at fair market value, at highest and best use, 

3 for cash at auction. 

4 (5) PROCEEDS.—The proceeds of the sale under 

5 paragraph (4) shall be distributed pursuant to sub6 sections (b) and (c) of section 18. 

7 (6) PROHIBITION ON LEASE-BACK.—The Fed8 eral Government may not lease back any property 

9 disposed or leased under this subsection. 

10 (c) ANALYSIS OF INVENTORY.—The Commission— 

11 (1) shall carry out an independent analysis of 

12 the inventory of Federal civilian real property and 

13 the recommendations submitted under section 5; 

14 (2) shall not be bound or limited by the rec15 ommendations; and 

16 (3) in any case in which the Commission deter17 mines that a Federal agency has failed to provide 

18 necessary information, data, or adequate rec19 ommendations that meet the standards and criteria 

20 developed under section 5(b), shall develop such rec21 ommendations as the Commission considers to be 

22 appropriate based on existing data contained in the 

23 Federal Real Property Profile or other relevant in24 formation. 

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1 (d) RECEIPT OF INFORMATION AND PROPOSALS.— 

2 Notwithstanding any other provision of law, the Commis3 sion— 

4 (1) may receive and consider proposals, infor5 mation, and other data submitted by State and local 

6 officials and the private sector; and 

7 (2) shall make any such information received 

8 publicly available. 

9 (e) ACCOUNTING SYSTEM.—The Commission shall— 

10 (1) not later than 120 days after the date of 

11 enactment of this Act, develop and implement a sys12 tem of accounting, to be used to independently 

13 evaluate the costs of and returns on the rec14 ommendations provided to the Commission under 

15 this Act; 

16 (2) determine which of the recommendations 

17 would provide the highest return to the taxpayer; 

18 and 

19 (3) establish a standard performance period for 

20 use in carrying out paragraphs (1) and (2). 

21 (f) PUBLIC HEARINGS.— 

22 (1) IN GENERAL.—After reviewing and per23 forming independent analyses of the recommenda24 tions received under section 5, the Commission shall 

25 conduct public hearings on the recommendations. 

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1 (2) TESTIMONY.—All testimony before the 

2 Commission at a public hearing under this sub3 section shall be presented under oath. 

4 (g) REPORTING OF INFORMATION AND REC5 OMMENDATIONS.— 

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

7 after the date of receipt of recommendations under 

8 section 5, and biennially thereafter, the Commission 

9 shall, at a minimum, submit to the President, and 

10 publicly post on a Federal website maintained by the 

11 Commission, a report containing the findings, con12 clusions, and recommendations of the Commission 

13 for the consolidation, exchange, colocation, reconfig14 uration, lease reductions, sale, and redevelopment of 

15 Federal civilian real properties, and for other oper16 ational efficiencies, that may be realized in the oper17 ation and maintenance of those properties by the 

18 Federal Government. 

19 (2) CONSENSUS IN MAJORITY.—The Commis20 sion— 

21 (A) shall seek to develop consensus rec22 ommendations; but 

23 (B) if a consensus cannot be obtained, may 

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1 ommendations that are supported by a majority 

2 of the Commission. 

3 (h) FEDERAL WEBSITE.—The Commission shall es4 tablish and maintain a Federal website for the purpose 

5 of making relevant information publically available. 

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

7 the United States shall submit to Congress and the Com8 mission a report containing a detailed analysis of the rec9 ommendations provided by the Commission under sub10 section (g), including the process used to develop the rec11 ommendations. 

12 SEC. 7. REVIEW BY THE PRESIDENT. 

13 (a) REVIEW AND REPORT.—The President shall— 

14 (1) on receipt of the recommendations of the 

15 Commission under section 6, conduct a review of the 

16 recommendations; and 

17 (2) not later than 30 days after the date of re18 ceipt of the recommendations, submit to the Com19 mission and Congress a report that describes the ap20 proval or disapproval of the President of the rec21 ommendations. 

22 (b) APPROVAL AND DISAPPROVAL.—If the Presi23 dent— 

24 (1) approves the recommendations of the Com25 mission, the President shall submit a copy of the 

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1 recommendations to Congress, together with a cer2 tification of the approval; 

3 (2) disapproves of the recommendations of the 

4 Commission, in whole or in part— 

5 (A) the President shall submit to the Com6 mission and Congress the reasons for the dis7 approval; and 

8 (B) not later than 30 days after the date 

9 of disapproval, the Commission shall submit to 

10 the President and Congress a revised list of rec11 ommendations; 

12 (3) approves the revised recommendations of 

13 the Commission submitted under paragraph (2)(B), 

14 the President shall submit a copy of the revised rec15 ommendations to Congress, together with a certifi16 cation of the approval; and 

17 (4) does not submit to Congress an approval 

18 and certification in accordance with paragraph (1) 

19 or (3) by the date that is 30 days after the date of 

20 receipt of the recommendations or revised rec21 ommendations, the review process under this section 

22 shall terminate until the following year. 

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1 SEC. 8. CONGRESSIONAL CONSIDERATION OF THE REC2 OMMENDATIONS. 

3 (a) DEFINITION OF JOINT RESOLUTION.—In this 

4 section, the term ‘‘joint resolution’’ means only a joint res5 olution— 

6 (1) that is introduced during the 10-day period 

7 beginning on the date on which the President sub8 mits an approval and certification of recommenda9 tions to Congress under paragraph (1) or (3) of sec10 tion 7(b); 

11 (2) that does not have a preamble; 

12 (3) the matter after the resolving clause of 

13 which is as follows: ‘‘That Congress disapproves the 

14 recommendations of the Civilian Property Realign15 ment Commission as submitted by the President on 

16 lllllllll’’, the blank space being filled 

17 in with the appropriate date; and 

18 (4) the title of which is as follows: ‘‘A Joint 

19 Resolution disapproving the recommendations of the 

20 Civilian Property Realignment Commission’’. 

21 (b) RESOLUTION OF DISAPPROVAL.—Not later than 

22 45 days after the date on which the President submits 

23 to Congress an approval and certification of recommenda24 tions under paragraph (1) or (3) of section 7(b), Congress 

25 may enact a joint resolution to disapprove the rec26 ommendations of the Commission. 

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1 (c) COMPUTATION OF TIME PERIOD.—For the pur2 poses of this section, the days on which either House of 

3 Congress is not in session because of adjournment of more 

4 than 3 days to a day certain shall be excluded in the com5 putation of the period of time described in subsection 

6 (a)(1). 

7 (d) REFERRAL.— 

8 (1) HOUSE OF REPRESENTATIVES.—A joint 

9 resolution that is introduced in the House of Rep10 resentatives shall be referred to the Committee on 

11 Transportation and Infrastructure of the House of 

12 Representatives. 

13 (2) SENATE.—A joint resolution that is intro14 duced in the Senate shall be referred to the Com15 mittee on Environment and Public Works of the 

16 Senate. 

17 (e) DISCHARGE.—If the committee to which a joint 

18 resolution is referred has not reported the joint resolution 

19 (or an identical resolution) by the end of the 20-day period 

20 beginning on the date on which the President submits the 

21 report to Congress under section 7(a)(2)— 

22 (1) the committee shall be, at the end of that 

23 period, discharged from further consideration of the 

24 joint resolution; and 

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1 (2) the joint resolution shall be placed on the 

2 appropriate calendar of the House involved. 

3 (f) CONSIDERATION.— 

4 (1) IN GENERAL.—On or after the third day 

5 after the date on which the committee to which a 

6 joint resolution is referred has reported, or has been 

7 discharged (under subsection (e)) from further con8 sideration of, such a joint resolution, it is in order, 

9 regardless of whether a previous motion to the same 

10 effect has been disagreed to, for any Member of the 

11 respective House to move to proceed to the consider12 ation of the joint resolution. 

13 (2) MOTIONS.— 

14 (A) IN GENERAL.—A Member may make a 

15 motion described in paragraph (1) only on the 

16 date after the calendar day on which the Mem17 ber announces to the House concerned the in18 tention of the Member to make the motion, ex19 cept that, in the case of the House of Rep20 resentatives, the motion may be made without 

21 such a prior announcement if the motion is 

22 made by direction of the committee to which 

23 the joint resolution was referred. 

24 (B) PRIVILEGE; AMENDMENT.—A motion 

25 made under paragraph (1) is— 

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1 (i) highly privileged in the House of 

2 Representatives, privileged in the Senate, 

3 and not debatable; and 

4 (ii) not subject to amendment, a mo5 tion to postpone, or a motion to proceed to 

6 the consideration of other business. 

7 (C) OTHER MOTIONS.— 

8 (i) IN GENERAL.—A motion to recon9 sider the vote by which a motion made 

10 under paragraph (1) is agreed to or dis11 agreed to shall not be in order. 

12 (ii) AGREEMENT.—If a motion to pro13 ceed to consideration of the joint resolution 

14 is agreed to— 

15 (I) the respective House shall im16 mediately proceed to the consideration 

17 of the joint resolution without inter18 vening motion, order, or other busi19 ness; and 

20 (II) the joint resolution shall re21 main the unfinished business of the 

22 respective House until disposed of. 

23 (3) DEBATE.— 

24 (A) IN GENERAL.—Debate on a joint reso25 lution and on all debatable motions and appeals 

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1 in connection with the joint resolution shall be 

2 limited to not more than 2 hours, divided equal3 ly between those favoring and those opposing 

4 the joint resolution. 

5 (B) AMENDMENTS.—An amendment to the 

6 joint resolution is not in order. 

7 (C) MOTION TO FURTHER LIMIT DE8 BATE.—A motion further to limit debate on the 

9 joint resolution is in order and not debatable. 

10 (D) OTHER MOTIONS.—A motion to post11 pone, to proceed to the consideration of other 

12 business, to recommit the joint resolution, or to 

13 reconsider the vote by which the resolution is 

14 agreed to or disagreed to is not in order. 

15 (4) VOTE.—Immediately following the conclu16 sion of the debate on a joint resolution and a single 

17 quorum call at the conclusion of the debate, if re18 quested in accordance with the rules of the appro19 priate House, the vote on final passage of the joint 

20 resolution shall occur. 

21 (5) APPEALS OF DECISIONS OF THE CHAIR.— 

22 Appeals of the decisions of the Chair relating to the 

23 application of the rules of the Senate or the House 

24 of Representatives, as the case may be, to the procemstockstill on DSK4VPTVN1PROD with BILLS

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1 dure relating to a joint resolution shall be decided 

2 without debate. 

3 (g) CONSIDERATION BY OTHER HOUSE.— 

4 (1) IN GENERAL.—If, before the passage by a 

5 House of Congress of a joint resolution of that 

6 House, that House receives from the other House of 

7 Congress a joint resolution, the following procedures 

8 shall apply: 

9 (A) NO COMMITTEE REFERRAL.—The joint 

10 resolution of the other House shall not be re11 ferred to a committee and may not be consid12 ered in the House receiving the joint resolution 

13 except in the case of final passage as provided 

14 in subparagraph (B). 

15 (B) RESOLUTION PROCEDURE.—With re16 spect to a joint resolution of the House receiv17 ing the joint resolution, the procedure in that 

18 House shall be the same as if no joint resolu19 tion had been received from the other House, 

20 but the vote on final passage shall be on the 

21 joint resolution of the other House. 

22 (2) NO CONSIDERATION.—On disposition of the 

23 joint resolution received from the other House, it 

24 shall no longer be in order to consider the joint reso25 lution that originated in the receiving House. 

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1 (h) RULES OF THE SENATE AND HOUSE OF REP2 RESENTATIVES.—This section 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— 

6 (A)(i) is deemed to be a part of the rules 

7 of each House, respectively; but 

8 (ii) is applicable only with respect to the 

9 procedure to be followed in that House in the 

10 case of a joint resolution; and 

11 (B) supersedes other rules only to the ex12 tent that this section is inconsistent with those 

13 rules; and 

14 (2) with full recognition of the constitutional 

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

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

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

18 the case of any other rule of that House. 

19 (i) FAILURE TO PASS RESOLUTION OF DIS20 APPROVAL.—If Congress fails to pass a joint resolution 

21 by the date that is 45 calendar days after the date of sub22 mission by the President to Congress of the recommenda23 tions of the Commission, each Federal agency shall be re24 quired to implement and carry out all of the recommenda25 tions of the Commission pursuant to section 9. 

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1 SEC. 9. IMPLEMENTATION OF RECOMMENDATIONS OF 

2 COMMISSION. 

3 (a) CARRYING OUT RECOMMENDATIONS.— 

4 (1) IN GENERAL.—Each Federal agency shall, 

5 in consultation with the Administrator— 

6 (A) on the date specified in section 8(i), 

7 immediately begin preparations to carry out the 

8 recommendations of the Commission; 

9 (B) not later than 1 year after the date on 

10 which the President submits the recommenda11 tions of the Commission to Congress, initiate 

12 implementation of those recommendations; and 

13 (C) not later than the end of the 3-year 

14 period beginning on the date on which the 

15 President submits the recommendations of the 

16 Commission to Congress, complete implementa17 tion of all recommended actions. 

18 (2) ACTIONS.—Each recommended action taken 

19 by a Federal agency shall be economically beneficial 

20 and cost-neutral or otherwise favorable to the Fed21 eral Government. 

22 (3) NOTIFICATION.—In the case of a rec23 ommended action the implementation of which re24 quires longer than 3 years due to extenuating cir25 cumstances, a Federal agency shall submit to the 

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1 President and Congress, as soon as the extenuating 

2 circumstance becomes apparent— 

3 (A) a notice of a delay in implementing the 

4 recommended action; and 

5 (B) an estimated time to complete the rel6 evant action. 

7 (b) ACTIONS OF FEDERAL AGENCIES.—In imple8 menting any recommended action relating to any Federal 

9 building or facility under this Act, a Federal agency may, 

10 in consultation with the Administrator, pursuant to sub11 section (c), take all such necessary and proper actions, in12 cluding— 

13 (1) acquiring land, constructing replacement fa14 cilities, performing such other activities, and con15 ducting such advance planning and design as is re16 quired to transfer functions from a Federal asset or 

17 property to another Federal civilian property; 

18 (2) providing outplacement assistance to civilian 

19 employees employed by any Federal agency at a 

20 Federal civilian property impacted by the rec21 ommended action; and 

22 (3) reimbursing other Federal agencies for ac23 tions performed at the request of the Commission. 

24 (c) NECESSARY AND PROPER ACTIONS.— 

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1 (1) IN GENERAL.—In acting on a recommenda2 tion of the Commission, a Federal agency shall— 

3 (A) act within any authority delegated to 

4 the Federal agency; and 

5 (B) if the Federal agency has not been del6 egated authority to act on the recommendation, 

7 the Federal agency shall work in partnership 

8 with the Administrator to carry out the rec9 ommendation. 

10 (2) ACTIONS OF ADMINISTRATOR.—The Admin11 istrator— 

12 (A) may take such necessary and proper 

13 actions, including the sale, conveyance, or ex14 change of civilian real property, as are required 

15 to implement the recommendations of the Com16 mission in accordance with subsection (a); and 

17 (B) shall enter into and use commission18 based contracts for real estate services to assist 

19 in carrying out property transactions required 

20 by the recommendations of the Commission. 

21 (d) DISCRETION OF ADMINISTRATOR REGARDING

22 TRANSACTIONS.—For any transaction identified, rec23 ommended, or commenced as a result of this Act, any oth24 erwise required legal priority given to, or requirement to 

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

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1 property for less than fair market value, for no consider2 ation at all, or in a transaction that mandates the exclu3 sion of other market participants, shall be at the discretion 

4 of the Administrator. 

5 SEC. 10. DISPOSAL OF REAL PROPERTIES. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, any recommendation or commencement of a 

8 disposal or realignment of civilian real property shall not 

9 be subject to— 

10 (1) the first section through section 3 of the 

11 Act of May 19, 1948 (16 U.S.C. 667b et seq.); 

12 (2) sections 107 and 317 of title 23, United 

13 States Code; 

14 (3) section 545(b)(8) of title 40, United States 

15 Code; 

16 (4) sections 550, 553, and 554 of title 40, 

17 United States Code; 

18 (5) section 1304(b) of title 40, United States 

19 Code; 

20 (6) section 501 of the McKinney-Vento Home21 less Assistance Act (42 U.S.C. 11411); 

22 (7) section 47151 of title 49, United States 

23 Code; 

24 (8) section 11(d) of the Surplus Property Act 

25 of 1944 (50 U.S.C. App. 1622(d)); 

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1 (9) any other provision of law authorizing the 

2 conveyance of real property under the administrative 

3 jurisdiction of the Federal Government for no con4 sideration; or 

5 (10) any congressional notification requirement 

6 (other than that under section 545(e) of title 40, 

7 United States Code). 

8 (b) CONTINUATION OF CERTAIN REQUIREMENTS.— 

9 Nothing in subsection (a) modifies, alters, or amends any 

10 other required environmental or historical review, record11 keeping, or notice requirement otherwise applicable to a 

12 conveyance of Federal civilian real property. 

13 (c) PUBLIC BENEFIT.— 

14 (1) IN GENERAL.—For those properties that 

15 the Commission determines should be reviewed for 

16 potential use for the homeless or for any other pub17 lic benefit under a provision of law described in sub18 section (a), the Commission shall submit to the Sec19 retary, on the same date on which the report of the 

20 Commission is submitted to the President under sec21 tion 6(g), any such information on the building or 

22 property that concerns the decision regarding the 

23 disposal of the civilian property. 

24 (2) ACTION BY SECRETARY.—Not later than 30 

25 days after the date on which the Commission makes 

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1 a submission of information under subsection (a), 

2 the Secretary shall provide to the Commission a re3 port summarizing a determination of the suitability 

4 of the civilian real properties recommended to be 

5 disposed as properties appropriate for use in assist6 ing the homeless. 

7 (3) NOTICE OF INTEREST.—Not later than 60 

8 days after the date on which the Commission sub9 mits a report to the President under section 6(g) 

10 and the recommendations of the Commission are re11 leased to the public, any representatives of the 

12 homeless proposing interest in the use of property 

13 that the Commission has determined should be re14 viewed for potential use by the homeless or for any 

15 other public benefit under a provision of law de16 scribed in subsection (a) may submit a notice of in17 terest to the Commission and the Secretary that 

18 contains— 

19 (A) a description of the homeless assist20 ance program that the representative proposes 

21 to carry out at the installation; 

22 (B) an assessment of the need for the pro23 gram; 

24 (C) a description of the extent to which the 

25 program is or will be coordinated with other 

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1 homeless assistance programs in the commu2 nities in the vicinity of the property; 

3 (D) a description of the buildings and 

4 property that are necessary in order to carry 

5 out the program; 

6 (E) a description of the financial plan, the 

7 organization, and the organizational capacity of 

8 the representative to carry out the program; 

9 and 

10 (F) an assessment of the time required to 

11 commence implementation of the program. 

12 (4) HUD APPROVAL.—The Secretary shall— 

13 (A) not later than 60 days after the date 

14 on which the Commission submits the report to 

15 the President under section 6(g), review and 

16 certify submissions under this subsection from 

17 representatives of the homeless; and 

18 (B) if more than 1 notice of interest is en19 tered for a property, indicate to the Commis20 sion which planned use of the property for the 

21 homeless has more merit. 

22 (5) INTERESTED PARTIES.— 

23 (A) IN GENERAL.—Not later than 30 days 

24 after the date on which the Commission sub25 mits the report to the President under section 

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1 6(g) and the recommendations of the Commis2 sion are publicly released, any parties proposing 

3 interest in a property that the Commission has 

4 determined should be reviewed for any other 

5 public benefit programs described in subsection 

6 (a), for a use that is not homeless assistance, 

7 may submit a notice of interest to the Commis8 sion and to the Federal agency that is otherwise 

9 tasked by law to review applications for the 

10 public benefit conveyance program under which 

11 the party is applying. 

12 (B) REQUIREMENTS.—A notice of interest 

13 under this paragraph shall contain the informa14 tion otherwise required by the law establishing 

15 the public benefit conveyance program. 

16 (6) ASSESSMENT OF VALIDITY AND MERIT.— 

17 (A) IN GENERAL.—A Federal agency that 

18 has been tasked with reviewing applications for 

19 public benefit conveyance programs, and that 

20 receives a notice of interest with information 

21 pertaining to the certification of the validity of 

22 a proposed public benefit conveyance operating 

23 under 1 of the uses under subsection (a) that 

24 are not homeless assistance, shall— 

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1 (i) review and certify submissions 

2 from parties proposing such future use for 

3 the property; and 

4 (ii) not later than 60 days after the 

5 date on which the Commission submits the 

6 report to the President under section 6(g), 

7 submit to the Commission an assessment 

8 of the validity and merits of the informa9 tion contained in the notice of interest. 

10 (B) SELECTION OF USE.—If more than 1 

11 notice of interest is entered for a property, the 

12 head of the reviewing agency shall indicate to 

13 the Commission which planned use of the prop14 erty has more merit. 

15 (7) COMPILATION OF INFORMATION AND AS16 SESSMENTS.—The Commission shall— 

17 (A) compile all information and assess18 ments regarding submitted notices of interest 

19 about properties; and 

20 (B) as soon as practicable after the date 

21 on which the recommendations of the Commis22 sion are required to be implemented by Federal 

23 agencies under section 8(i), forward the infor24 mation and assessments to the Federal agencies 

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1 ian real properties to be disposed for use in im2 plementing the recommendations of the Com3 mission. 

4 (8) USE OF PROPERTY.— 

5 (A) IN GENERAL.—If a property reviewed 

6 by the Secretary is determined to be fit for use 

7 by the homeless and the Secretary has identi8 fied a representative of the homeless whose no9 tice of interest is certified, or, in the event of 

10 more than 1 notice of interest on the property, 

11 whose notice of interest is determined by the 

12 Secretary to have the most merit, the Federal 

13 agency maintaining custody or control of the 

14 property, in accordance with subsection (a), 

15 shall commence conveyance of the property to 

16 that representative of the homeless after the 

17 date on which the recommendations of the 

18 Commission are required to be implemented by 

19 Federal agencies under section 8(i). 

20 (B) UNFIT FOR USE; NO NOTICE OF IN21 TEREST.—If a property reviewed by the Sec22 retary is determined to be unfit for use by the 

23 homeless, or if there is no identified notice of 

24 interest on the property by a representative of 

25 the homeless, the Federal agency maintaining 

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1 custody or control of the property shall deter2 mine whether— 

3 (i) there are any parties that have ex4 pressed interest in the property for a use 

5 described in subsection (a) other than 

6 homeless assistance; and 

7 (ii) any Federal reviewing agency has 

8 certified 1 of those uses. 

9 (C) CONVEYANCE.—If a Federal agency 

10 maintaining custody or control of a property de11 termines that there is an identified notice of in12 terest in the property for a certified use under 

13 subparagraph (B), as soon as practicable after 

14 the date on which the recommendations of the 

15 Commission are required to be implemented by 

16 Federal agencies under section 8(i), the Federal 

17 agency shall— 

18 (i) commence conveyance of the prop19 erty to the party that proposed the cer20 tified use; and 

21 (ii) if more than 1 party has ex22 pressed interest in the property— 

23 (I) select which party shall re24 ceive the property; and 

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1 (II) commence conveyance of the 

2 property to the party. 

3 (9) OTHER OPTIONS FOR USE OF PROPERTY.— 

4 If, after the date on which the recommendations of 

5 the Commission are required to be implemented by 

6 Federal agencies under section 8(i), a property does 

7 not qualify, or there is no interest in a property re8 viewed, for 1 of the uses described in subsection (a), 

9 a Federal agency may select among any other re10 maining ways to implement the recommendations of 

11 the Commission with respect to the property. 

12 (d) ENVIRONMENTAL CONSIDERATIONS.— 

13 (1) NEPA APPLICATION.—Nothing in this Act 

14 shall be construed to modify, alter, or amend the 

15 National Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.). 

17 (2) DISPOSAL OR REALIGNMENT OF PROP18 ERTY.—A Federal agency may dispose of or realign 

19 property without regard to any provision of law, as 

20 described in subsection (a), restricting the use of 

21 funds for disposal or realignment of Federal civilian 

22 property included in any appropriations or author23 ization Act. 

24 (3) TRANSFER OF REAL PROPERTY.— 

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1 (A) IN GENERAL.—In implementing rec2 ommendations of the Commission under section 

3 8(i) for properties that have been identified in 

4 those recommendations and are in compliance 

5 with the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act of 

7 1980 (42 U.S.C. 9601 et seq.), including sec8 tion 120(h) of that Act (42 U.S.C. 9620(h)), a 

9 Federal agency may enter into an agreement 

10 with any person to transfer real property by 

11 deed. 

12 (B) ADDITIONAL TERMS.— 

13 (i) IN GENERAL.—The head of the 

14 Federal agency disposing of property under 

15 this paragraph may require any additional 

16 terms and conditions in connection with an 

17 agreement authorized by subparagraph (A) 

18 as are appropriate to protect the interests 

19 of the United States. 

20 (ii) NO EFFECT ON RIGHTS AND OBLI21 GATIONS.—Additional terms and condi22 tions described in clause (i) shall not affect 

23 or diminish any right or obligation of a 

24 Federal agency under section 120(h) of the 

25 Comprehensive Environmental Response, 

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1 Compensation, and Liability Act of 1980 

2 (42 U.S.C. 9620(h)). 

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

4 agreement pursuant to this Act, a Federal agency 

5 shall disclose to the person to whom property or fa6 cilities will be transferred, before entering into any 

7 agreement with the person, any information of the 

8 Federal agency regarding the environmental restora9 tion, waste management, and environmental compli10 ance activities described in this Act that relate to 

11 the property or facilities. 

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

13 this section modifies, alters, or amends— 

14 (1) the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 1980 (42 

16 U.S.C. 9601 et seq.); or 

17 (2) the Solid Waste Disposal Act (42 U.S.C. 

18 6901 et seq.). 

19 SEC. 11. CONGRESSIONAL APPROVAL OF PROPOSED 

20 PROJECTS. 

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

22 amended— 

23 (1) in paragraph (6), by striking ‘‘and’’ at the 

24 end; 

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1 (2) in paragraph (7), by striking the period at 

2 the end and inserting a semicolon; and 

3 (3) adding at the end the following: 

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

5 consistent with section 5(b) of the Civilian Property 

6 Realignment Act of 2012; 

7 ‘‘(9) for all proposed leases, including operating 

8 leases, the amount of the net present value of— 

9 ‘‘(A) the total estimated legal obligations 

10 of the Federal Government over the life of the 

11 contract; and 

12 ‘‘(B) the cost of constructing new space; 

13 and 

14 ‘‘(10) with respect to any prospectus for the 

15 construction, alteration, or acquisition of the build16 ing or space to be leased, a statement by the Admin17 istrator describing the use of life-cycle cost analysis 

18 and any increased design, construction, or acquisi19 tion costs identified by the analysis that are offset 

20 by lower long-term costs.’’. 

21 SEC. 12. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

22 (a) LIMITATION ON CERTAIN LEASING AUTHORI23 TIES.—Chapter 33 of title 40, United States Code, is 

24 amended by adding at the end the following: 

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1 ‘‘3317. LIMITATION ON LEASING AUTHORITY OF OTHER 

2 AGENCIES. 

3 ‘‘(a) DEFINITION OF PUBLIC BUILDING.—In this 

4 section, the term ‘public building’ includes leased space. 

5 ‘‘(b) LEASING AUTHORITY.— 

6 ‘‘(1) LIMITATION.—Notwithstanding any other 

7 provision of law, subject to paragraph (2), no execu8 tive agency may lease space for the purposes of a 

9 public building, except as provided in section 585 

10 and this chapter. 

11 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

12 apply to the United States Postal Service, the De13 partment of Veterans Affairs, or any property the 

14 President excludes for reasons of national security. 

15 ‘‘(c) CONSTRUCTION.—Nothing in this section— 

16 ‘‘(1) establishes any new authority for an execu17 tive agency to enter into a lease; or 

18 ‘‘(2) limits the authority of the Administration 

19 under section 3314.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 33 of title 40, United States Code, is amended by add22 ing at the end the following: 

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

23 SEC. 13. IMPLEMENTATION REVIEW BY GAO. 

24 Not later than 1 year after the date of enactment 

25 of this Act, and annually thereafter, the Comptroller Genmstockstill on DSK4VPTVN1PROD with BILLS

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1 eral of the United States shall submit to Congress an an2 nual report that— 

3 (1) reviews and describes the implementation 

4 activities of Federal agencies pursuant to section 9; 

5 and 

6 (2) contains any recommendations of the Comp7 troller General for the improvement of those imple8 mentation activities. 

9 SEC. 14. REALIGNMENT OF REAL PROPERTY OWNED OR 

10 MANAGED BY THE BUREAU OF OVERSEAS 

11 BUILDING OPERATIONS. 

12 (a) LIST OF ASSETS.—On an annual basis, the Com13 mission shall identify and compile a list of assets located 

14 outside of the United States and the territories of the 

15 United States that are owned or managed by the Bureau 

16 of Overseas Building Operations of the Department of 

17 State that may— 

18 (1) be sold for proceeds so as to reduce the ci19 vilian real property inventory and operating costs of 

20 the Federal Government; or 

21 (2) be otherwise disposed of, transferred, con22 solidated, colocated, or reconfigured so as to reduce 

23 the operating costs of the Federal Government. 

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1 (b) LIST TO SECRETARY OF STATE.—The Commis2 sion shall provide each list compiled pursuant to sub3 section (a) to the Secretary of State. 

4 (c) REVIEW AND REPORT.—Not later than 90 cal5 endar days after the date of receipt of a list compiled pur6 suant to subsection (b), the Department of State shall— 

7 (1) review the list; and 

8 (2) submit to the Commission a report that in9 cludes the conclusions of the review. 

10 (d) RECOMMENDATIONS OF CERTAIN CIVILIAN REAL

11 PROPERTY ASSETS.—In accordance with section 6, the 

12 Commission may make recommendations involving civilian 

13 real property assets described in subsection (a) only if— 

14 (1) the assets are on the list provided to the 

15 Department of State pursuant to this section; and 

16 (2) the Department of State has submitted a 

17 report on the list to the Commission pursuant to 

18 subsection (c)(2). 

19 (e) REMOVAL OF CERTAIN CIVILIAN REAL PROP20 ERTY TRANSACTION ASSETS.—In accordance with section 

21 6, not later than 20 calendar days after the date of sub22 mission of the report of the Commission to the President 

23 under section 6(g), the Secretary of State may remove any 

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1 scribed in subsection (a) from the list of recommendations 

2 developed under section 6. 

3 (f) APPEAL BY SECRETARY OF STATE.—Nothing in 

4 this section restricts the ability of the Secretary of State 

5 to appeal to the Director or Commission for funding by 

6 the Asset Proceeds and Space Management Fund to sup7 port the cost of implementing a recommendation. 

8 (g) PROCEEDS.— 

9 (1) IN GENERAL.—For the purposes of this 

10 Act, proceeds from the disposal of assets described 

11 in subsection (a) shall be deposited in the Asset Pro12 ceeds and Space Management Fund established 

13 under section 18(c). 

14 (2) DISPOSAL UNDER OTHER AUTHORITY.— 

15 Proceeds from the disposal of assets by the Depart16 ment of State that are not disposed of pursuant to 

17 this Act shall be retained by the Department of 

18 State. 

19 SEC. 15. FEDERAL REAL PROPERTY PROFILE. 

20 (a) CONGRESSIONAL COMMITTEES.— 

21 (1) IN GENERAL.—On the request of the chair22 person and ranking member of any committee de23 scribed in paragraph (2), the Director and the Ad24 ministrator shall— 

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1 (A) provide access to the Federal Real 

2 Property Profile established in accordance with 

3 Executive Order 13327 (40 U.S.C. 121 note; 

4 relating to Federal real property asset manage5 ment), to that committee; and 

6 (B) make all information in the Federal 

7 Real Property Profile available to that com8 mittee. 

9 (2) COMMITTEES.—The committees referred to 

10 in paragraph (1) are— 

11 (A) the Committee on Transportation and 

12 Infrastructure of the House of Representatives; 

13 (B) the Committee on Oversight and Gov14 ernment Reform of the House of Representa15 tives; 

16 (C) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (D) the Committee on Environment and 

19 Public Works of the Senate; and 

20 (E) the Committees on Appropriations of 

21 the House of Representatives and the Senate. 

22 (b) GOVERNMENT ACCOUNTABILITY OFFICE.—On 

23 the request of the Comptroller General, the Director and 

24 the Administrator shall— 

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1 (1) provide access to the Federal Real Property 

2 Profile established in accordance with Executive 

3 Order 13327 (40 U.S.C. 121 note; relating to Fed4 eral real property asset management), to the Gov5 ernment Accountability Office; and 

6 (2) make all information in the Federal Real 

7 Property Profile available to the Government Ac8 countability Office. 

9 (c) CONGRESSIONAL RESEARCH SERVICE.—On re10 quest of the Director of the Congressional Research Serv11 ice, the Director and the Administrator shall— 

12 (1) provide access to the Federal Real Property 

13 Profile established in accordance with Executive 

14 Order 13327 (40 U.S.C. 121 note; relating to Fed15 eral real property asset management), to the Con16 gressional Research Service; and 

17 (2) make all information in the Federal Real 

18 Property Profile available to the Congressional Re19 search Service. 

20 (d) CONGRESSIONAL BUDGET OFFICE.—On request 

21 of the Director of the Congressional Budget Office, the 

22 Director and the Administrator shall— 

23 (1) provide access to the Federal Real Property 

24 Profile established in accordance with Executive 

25 Order 13327 (40 U.S.C. 121 note; relating to Fedmstockstill on DSK4VPTVN1PROD with BILLS

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1 eral real property asset management), to the Con2 gressional Budget Office; and 

3 (2) make all information in the Federal Real 

4 Property Profile available to the Congressional 

5 Budget Office. 

6 (e) THE COMMISSION.—On request of the Chair7 person of the Commission, the Director and Administrator 

8 shall— 

9 (1) provide access to the Federal Real Property 

10 Profile established in accordance with Executive 

11 Order 13327 (40 U.S.C. 121 note; relating to Fed12 eral real property asset management), to the Com13 mission; and 

14 (2) make all information in the Federal Real 

15 Property Profile available to the Commission. 

16 SEC. 16. EXCESS PROPERTY. 

17 (a) IN GENERAL.—Except as provided in subsection 

18 (b), not later than 3 years after the date of enactment 

19 of this Act, each Federal agency shall dispose, transfer, 

20 exchange, consolidate, colocate, reconfigure, or redevelop 

21 any property that, on the date of enactment of this Act, 

22 is— 

23 (1) excess property (as defined in section 102 

24 of title 40, United States Code); and 

25 (2) under the control of that Federal agency. 

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1 (b) EXCEPTIONS.— 

2 (1) IN GENERAL.—Subsection (a) shall not 

3 apply to any property, if the Federal agency in con4 trol of the property submits a report to each com5 mittee described in paragraph (2) that— 

6 (A) identifies the property; and 

7 (B) states the reasons the Federal agency 

8 is not able to carry out subsection (a) with re9 spect to that property. 

10 (2) COMMITTEES.—The committees referred to 

11 under paragraph (1) are— 

12 (A) the Committee on Transportation and 

13 Infrastructure of the House of Representatives; 

14 (B) the Committee on Oversight and Gov15 ernment Reform of the House of Representa16 tives; 

17 (C) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; 

19 (D) the Committee on Environment and 

20 Public Works of the Senate; and 

21 (E) the Committees on Appropriations of 

22 the House of Representatives and the Senate. 

23 SEC. 17. PRECLUSION OF JUDICIAL REVIEW. 

24 The following actions shall not be subject to judicial 

25 review: 

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1 (1) An action of the Commission under section 

2 6. 

3 (2) An action of the President under section 7. 

4 (3) An action of the Commission, the Secretary, 

5 or a Federal agency under section 10(c). 

6 SEC. 18. FUNDING. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this Act— 

9 (1) $20,000,000 for salaries and expenses of 

10 the Commission; and 

11 (2) $62,000,000, which shall be deposited in 

12 the Asset Proceeds and Space Management Fund, 

13 for use in carrying out activities relating to the im14 plementation of the recommendations of the Com15 mission. 

16 (b) SALARIES AND EXPENSES ACCOUNT.— 

17 (1) ESTABLISHMENT.—There is established in 

18 the Treasury an account, to be known as the ‘‘Civil19 ian Property Realignment Commission—Salaries 

20 and Expenses’’ account, consisting of such amounts 

21 as are provided in appropriations Acts for those nec22 essary payments for salaries and other administra23 tive expenses of the Commission. 

24 (2) NO APPROPRIATIONS.—If no amounts are 

25 appropriated for the salaries and expenses of the 

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1 Commission for a fiscal year, the Director may sup2 port the activities of the Commission under this Act 

3 for the fiscal year if the Director, in consultation 

4 with the Administrator, approves a transfer to the 

5 Commission of amounts from the Asset Proceeds 

6 and Space Management Fund. 

7 (c) ASSET PROCEEDS AND SPACE MANAGEMENT

8 FUND.— 

9 (1) ESTABLISHMENT.—There is established 

10 within the Federal Buildings Fund established by 

11 section 592 of title 40, United States Code, a fund 

12 to be known as the ‘‘Civilian Property Realignment 

13 Commission—Asset Proceeds and Space Manage14 ment Fund’’, which shall be used solely for the pur15 poses of carrying out actions pursuant to rec16 ommendations of the Commission approved under 

17 section 8. 

18 (2) TYPES OF FUNDS DEPOSITED.—Notwith19 standing section 3307 of title 40, United States 

20 Code, the fund established under paragraph (1) shall 

21 consist of— 

22 (A) such amounts as are provided in ap23 propriations Acts, to remain available until ex24 pended, for the consolidation, colocation, ex25 change, redevelopment, reconfiguration of space 

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1 and other actions recommended by the Commis2 sion for Federal agencies; 

3 (B) the proceeds received from each civil4 ian real property action taken pursuant to a 

5 recommendation of the Commission under sec6 tion 9; and 

7 (C) any funds made available to a Federal 

8 agency in an appropriations Act for the costs of 

9 administering civilian real property, including 

10 operations, maintenance, and security not ex11 pended because of any savings in those costs re12 sulting from implementing a recommendation of 

13 the Commission under section 9. 

14 (3) AVAILABILITY OF AMOUNTS.—The amounts 

15 deposited in the fund established under paragraph 

16 (1) shall remain available until expended. 

17 (4) TRANSFER OF PROCEEDS.— 

18 (A) IN GENERAL.—The Commission, in 

19 carrying out the duties of the Commission and 

20 with the consent of the Administrator, may 

21 transfer from the fund established under para22 graph (1) to a Federal agency such amounts as 

23 are necessary from the proceeds described in 

24 paragraph (2)(B) to cover costs associated with 

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1 implementing the recommendations of the Com2 mission under section 9. 

3 (B) TYPES OF COSTS.—The costs de4 scribed in subparagraph (A) shall include any 

5 costs associated with— 

6 (i) sales transactions; 

7 (ii) transferring functions from a Fed8 eral asset or property to another Federal 

9 civilian property, including acquiring land, 

10 construction, constructing replacement fa11 cilities, conducting advance planning, and 

12 design; 

13 (iii) colocation, redevelopment, dis14 posal, and reconfiguration of space; and 

15 (iv) other action recommended by the 

16 Commission for a Federal agency. 

17 (5) NET PROCEEDS.— 

18 (A) DEFINITION OF NET PROCEEDS.—In 

19 this paragraph, the term ‘‘net proceeds’’ means 

20 difference between— 

21 (i) the proceeds described in para22 graph (2)(B); and 

23 (ii) the amounts transferred under 

24 paragraph (4). 

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1 (B) DEPOSIT.—The Director shall deter2 mine the proportion of the net proceeds that 

3 are deposited in the general fund of the Treas4 ury and the Asset Proceeds and Space Manage5 ment Fund for a fiscal year, except that, of the 

6 total amount of net proceeds for a fiscal year, 

7 the general fund of the Treasury shall receive— 

8 (i) 100 percent of all proceeds de9 scribed in paragraph (2)(B) for the fiscal 

10 year until such date as the total amount of 

11 those proceeds for the fiscal year exceeds 

12 $50,000,000; and 

13 (ii) not less than 80 percent of the net 

14 proceeds thereafter for the fiscal year. 

15 SEC. 19. CONSIDERATION OF LIFE-CYCLE COST REQUIRED. 

16 Section 3305 of title 40, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(d) CONSIDERATION OF LIFE-CYCLE COST RE19 QUIRED.— 

20 ‘‘(1) DEFINITIONS.—In this subsection: 

21 ‘‘(A) LIFE-CYCLE COST.—The term ‘life22 cycle cost’ means the sum of the following 

23 costs, as estimated for the lifetime of a build24 ing: 

25 ‘‘(i) Investment costs. 

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1 ‘‘(ii) Capital costs. 

2 ‘‘(iii) Installation costs. 

3 ‘‘(iv) Energy costs. 

4 ‘‘(v) Operating costs. 

5 ‘‘(vi) Maintenance costs. 

6 ‘‘(vii) Replacement costs. 

7 ‘‘(B) LIFETIME OF A BUILDING.—The 

8 term ‘lifetime of a building’ means, with respect 

9 to a building, the greater of— 

10 ‘‘(i) the period of time during which 

11 the building is projected to be used; or 

12 ‘‘(ii) 50 years. 

13 ‘‘(2) REQUIREMENT.—The Administrator shall 

14 ensure that the life-cycle cost of a public building is 

15 considered in the construction or lease of a public 

16 building described in paragraph (3). 

17 ‘‘(3) FEDERAL PUBLIC BUILDINGS SUBJECT TO

18 REQUIREMENT.—A public building is subject to the 

19 requirement under paragraph (2) if— 

20 ‘‘(A) construction or lease of the building 

21 begins after the date of the enactment of the 

22 Civilian Property Realignment Act of 2012; 

23 ‘‘(B) the estimated construction costs of 

24 the building exceed $1,000,000; 

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1 ‘‘(C) in the case of a lease, the square foot2 age of the property is more than 25,000 square 

3 feet; and 

4 ‘‘(D) Federal funding comprises more than 

5 50 percent of the funding for the estimated 

6 construction or lease costs of the building.’’. 

Æ 

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