II 

113TH CONGRESS 

1ST SESSION S. 1715 

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 

NOVEMBER 14, 2013 

Mr. WARNER (for himself, Mr. BLUNT, Mr. HELLER, Mr. GRAHAM, Mr. 

WICKER, Mr. KIRK, and Mr. PORTMAN) 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 2013’’ or ‘‘CPRA’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to consolidate the footprint of Federal 

2 buildings and facilities; 

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

4 buildings and facilities; 

5 (3) to reduce the reliance of the Federal Gov6 ernment on leased space; 

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

8 are underused to obtain the highest and best value 

9 for the taxpayer and maximize the return to the tax10 payer; 

11 (5) to reduce the operating and maintenance 

12 costs of Federal civilian real properties through the 

13 realignment of real properties by consolidating, co14 locating, and reconfiguring space, and by imple15 menting other operational efficiencies; 

16 (6) to reduce redundancy, overlap, and costs as17 sociated with field offices; 

18 (7) to create incentives for Federal agencies to 

19 achieve greater efficiency in inventories of civilian 

20 real property; 

21 (8) to facilitate and expedite the disposal of 

22 unneeded civilian properties; and 

23 (9) to assist Federal agencies in achieving sus24 tainability goals of the Federal Government by reVerDate Mar 15 2010 23:38 Nov 19, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1715.IS S1715

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1 ducing excess space, inventory, and energy consump2 tion, as well as by leveraging new technologies. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of General Serv7 ices. 

8 (2) ASSET PROCEEDS AND SPACE MANAGEMENT

9 FUND.—The term ‘‘Asset Proceeds and Space Man10 agement Fund’’ means the Civilian Property Re11 alignment Commission—Asset Proceeds and Space 

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

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

14 means the Civilian Property Realignment Commis15 sion established by section 4(a)(1). 

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

17 the Director of the Office of Management and Budg18 et. 

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

20 any action that constitutes the removal of any Fed21 eral civilian real property from the Federal inven22 tory, including sale, deed, demolition, or exchange. 

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

24 agency’’ means— 


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1 (A) an executive department or inde2 pendent establishment in the executive branch 

3 of the Government; and 

4 (B) a wholly owned Government corpora5 tion. 

6 (7) FEDERAL CIVILIAN REAL PROPERTY; CIVIL7 IAN REAL PROPERTY.— 

8 (A) IN GENERAL.—The terms ‘‘Federal ci9 vilian real property’’ and ‘‘civilian real prop10 erty’’ mean any Federal real property asset. 

11 (B) INCLUSIONS.—The terms ‘‘Federal ci12 vilian real property’’ and ‘‘civilian real prop13 erty’’ include— 

14 (i) Federal buildings (as defined in 

15 section 3301 of title 40, United States 

16 Code); and 

17 (ii) occupied and improved grounds, 

18 leased space, or other physical structures 

19 under the custody and control of any Fed20 eral agency. 

21 (C) EXCLUSIONS.—The terms ‘‘Federal ci22 vilian real property’’ and ‘‘civilian real prop23 erty’’ do not include— 

24 (i) any military installation (as de25 fined in section 2910 of the Defense Base 


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1 Closure and Realignment Act of 1990 (10 

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

3 (ii) any property that is excepted from 

4 the definition of the term ‘‘property’’ 

5 under section 102 of title 40, United 

6 States Code; 

7 (iii) a designated wilderness study 

8 area or other areas managed for wilderness 

9 characteristics; 

10 (iv) Indian and native Eskimo prop11 erty held in trust by the Federal Govern12 ment as described in section 

13 3301(a)(5)(C)(iii) of title 40, United 

14 States Code; 

15 (v) property operated and maintained 

16 by the Tennessee Valley Authority pursu17 ant to the Tennessee Valley Authority Act 

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

19 (vi) postal property owned by the 

20 United States Postal Service; or 

21 (vii) any property the Director of the 

22 Office of Management and Budget ex23 cludes for reasons of national security. 


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

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

3 headquarters office location for the Federal agency. 

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

5 the Secretary of Housing and Urban Development. 

6 (10) SMALL BUSINESS CONCERN.—The term 

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

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

9 U.S.C. 632). 

10 SEC. 4. CIVILIAN PROPERTY REALIGNMENT COMMISSION. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—There is established an inde13 pendent commission, to be known as the ‘‘Civilian 

14 Property Realignment Commission’’. 

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

16 the duties described in section 6. 

17 (3) MEMBERSHIP.— 

18 (A) IN GENERAL.—The Commission shall 

19 be composed of— 

20 (i) a Chairperson appointed by the 

21 President, by and with the advice and con22 sent of the Senate; 

23 (ii) 2 members appointed by the 

24 President; 


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1 (iii) 1 member appointed by the Ma2 jority Leader of the Senate; 

3 (iv) 1 member appointed by the Mi4 nority Leader of the Senate; 

5 (v) 1 member appointed by the Speak6 er of the House of Representatives; and 

7 (vi) 1 member appointed by the Mi8 nority Leader of the House of Representa9 tives. 

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

11 of the Commission shall be 10 years. 

12 (C) VACANCIES.—Vacancies on the Com13 mission shall be filled in the same manner in 

14 which an original appointment was made. 

15 (D) QUALIFICATIONS.—To the maximum 

16 extent practicable, in selecting individuals for 

17 appointment to the Commission, the President, 

18 the Majority and Minority Leaders of the Sen19 ate, and the Speaker and Minority Leader of 

20 the House of Representatives shall ensure the 

21 membership of the Commission includes individ22 uals with expertise representative of— 

23 (i) commercial real estate and redevel24 opment; 


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1 (ii) government management or oper2 ations; 

3 (iii) community development, includ4 ing transportation and planning; and 

5 (iv) historic preservation. 

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

7 the Commission or staff of a member of the Com8 mission shall participate in developing or issuing a 

9 recommendation of the Commission if the member 

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

11 entity seeking to acquire any property to be dis12 posed, transferred, consolidated, colocated, reconfig13 ured, or redeveloped under this Act. 

14 (b) COMMISSION MEETINGS.— 

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

16 Commission, other than meetings in which classified 

17 information is to be discussed, shall— 

18 (A) be open to the public; 

19 (B) be broadcast on the website established 

20 by the Commission under section 6(h); 

21 (C) be announced in the Federal Register 

22 and the Federal website established by the 

23 Commission at least 14 calendar days in ad24 vance of the meeting; and 


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1 (D) have released before the meeting an 

2 agenda and a listing of materials relevant to the 

3 topics to be discussed. 

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

5 of the Commission— 

6 (A) 5 members shall constitute a quorum 

7 for the purposes of conducting business; and 

8 (B) 3 or more Commission members shall 

9 constitute a meeting of the Commission. 

10 (3) TRANSPARENCY OF INFORMATION.—All the 

11 proceedings, information, and deliberations of the 

12 Commission shall be open, on request, to the chair13 person and the ranking minority party member, and 

14 the respective subcommittee chairperson and ranking 

15 minority party member, of— 

16 (A) the Committee on Transportation and 

17 Infrastructure of the House of Representatives; 

18 (B) the Committee on Oversight and Gov19 ernment Reform of the House of Representa20 tives; 

21 (C) the Committee on Homeland Security 

22 and Governmental Affairs of the Senate; 

23 (D) the Committee on Environment and 

24 Public Works of the Senate; and 


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1 (E) the Committees on Appropriations of 

2 the House of Representatives and the Senate. 

3 (4) GOVERNMENT ACCOUNTABILITY OFFICE.— 

4 All proceedings, information, and deliberations of 

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

6 Comptroller General of the United States. 

7 (c) COMPENSATION AND TRAVEL EXPENSES.— 

8 (1) COMPENSATION.— 

9 (A) RATE OF PAY FOR MEMBERS.—Each 

10 member of the Commission, other than the 

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

12 daily equivalent of the minimum annual rate of 

13 basic pay payable for level IV of the Executive 

14 Schedule under section 5315 of title 5, United 

15 States Code, for each day (including travel 

16 time) during which the member is engaged in 

17 the actual performance of duties vested in the 

18 Commission. 

19 (B) RATE OF PAY FOR CHAIRPERSON.— 

20 The Chairperson of the Commission shall be 

21 paid for each day referred to in subparagraph 

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

23 the minimum annual rate of basic pay payable 

24 for level III of the Executive Schedule under 

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


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

2 shall receive travel expenses, including per diem in 

3 lieu of subsistence, in accordance with sections 5702 

4 and 5703 of title 5, United States Code. 

5 (d) EXECUTIVE DIRECTOR.— 

6 (1) APPOINTMENT.—The Commission— 

7 (A) shall appoint an Executive Director; 

8 and 

9 (B) shall not be required to comply with 

10 title 5, United States Code, governing appoint11 ments in the competitive service. 

12 (2) RATE OF PAY FOR EXECUTIVE DIRECTOR.— 

13 The Executive Director shall be paid at the rate of 

14 basic pay payable for level IV of the Executive 

15 Schedule under section 5315 of title 5, United 

16 States Code. 

17 (e) STAFF.— 

18 (1) ADDITIONAL PERSONNEL.—Subject to para19 graph (2), the Executive Director, with the approval 

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

21 additional personnel. 

22 (2) DETAIL EMPLOYEES FROM OTHER AGEN23 CIES.—On request of the Executive Director, the 

24 head of any Federal agency may detail any of the 

25 personnel of that agency to the Commission to assist 


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1 the Commission in carrying out the duties of the 

2 Commission under this Act. 

3 (3) QUALIFICATIONS.—Appointments shall be 

4 made with consideration of a balance of expertise 

5 consistent with the qualifications of representatives 

6 described in subsection (a)(3)(D). 

7 (f) CONTRACTING AUTHORITY.— 

8 (1) EXPERTS AND CONSULTANTS.—Subject to 

9 the availability of appropriations, the Commission 

10 may procure by contract the temporary or intermit11 tent services of experts and consultants pursuant to 

12 section 3109 of title 5, United States Code. 

13 (2) SPACE.— 

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

15 consultation with the Commission, shall identify 

16 suitable excess space within the Federal prop17 erty inventory to house the operations of the 

18 Commission. 

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

20 subparagraph (A) is available, the Commission 

21 may, notwithstanding section 3317 of title 40, 

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

23 and subject to the availability of appropriations, 

24 lease space to house the operations of the Com25 mission. 


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1 (3) PERSONAL PROPERTY.—Subject to the 

2 availability of appropriations, the Commission may 

3 acquire personal property. 

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

5 exercising the authority of the Commission under 

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

7 to the maximum extent practicable, small business 

8 concerns. 

9 (g) TERMINATION.—The Commission and the au10 thority of the Commission shall terminate on the date that 

11 is 10 years after the date of enactment of this Act. 

12 SEC. 5. DEVELOPMENT OF RECOMMENDATIONS FOR THE 

13 COMMISSION. 

14 (a) SUBMISSIONS OF AGENCY INFORMATION AND

15 RECOMMENDATIONS.—Not later than 120 days after the 

16 date of enactment of this Act, and not later than 90 days 

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

18 of each Federal agency shall submit to the Administrator 

19 and the Director a report that includes— 

20 (1) current data of all Federal civilian real 

21 properties owned, leased, or controlled by the respec22 tive agency (including all relevant information pre23 scribed by the Administrator and the Director), in24 cluding data relating to— 

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


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1 (B) operating costs; 

2 (C) history of capital expenditures; 

3 (D) sustainability metrics; 

4 (E) number of Federal employees and 

5 functions housed in the respective property; and 

6 (F) square footage (including gross, rent7 able, and usable square footage); and 

8 (2) recommendations with respect to the prop9 erty that include— 

10 (A) Federal civilian properties that can be 

11 disposed, transferred, consolidated, colocated, 

12 reconfigured, or redeveloped— 

13 (i) to reduce the civilian real property 

14 inventory; 

15 (ii) to reduce the operating costs of 

16 the Federal Government; and 

17 (iii) to create the highest value and 

18 return for the taxpayer; 

19 (B) operational efficiencies that may be re20 alized by the Federal Government in the oper21 ation and maintenance of Federal civilian real 

22 properties; 

23 (C) opportunities to pursue enhanced use 

24 leasing in underused buildings in an effort to 


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1 realize highest and best use of the buildings for 

2 the taxpayers; and 

3 (D) opportunities to reduce the number of 

4 high-value leases in the Federal inventory 

5 through relocation to less costly properties. 

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

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

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

9 Administrator, shall— 

10 (1) review agency recommendations submitted 

11 pursuant to subsection (a); 

12 (2) develop consistent standards and criteria 

13 against which agency recommendations will be re14 viewed, which shall be developed taking into consid15 eration— 

16 (A) the extent to which a Federal building 

17 or facility aligns with the current mission of the 

18 applicable Federal agency; 

19 (B) the extent to which there are opportu20 nities to consolidate similar operations across 

21 multiple agencies or within agencies; 

22 (C) the extent and timing of potential costs 

23 and savings, including the number of years, be24 ginning with the date of completion of the pro25 posed recommendation; 


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1 (D) the economic impact on State and 

2 local communities in the vicinity of the Federal 

3 building or facility; 

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

5 being maximized and is consistent with non6 governmental industry standards for the given 

7 function or operation; 

8 (F) the extent to which reliance on leasing 

9 for long-term space needs is reduced; 

10 (G) the extent to which the Federal build11 ing or facility could be redeveloped or otherwise 

12 used to produce the highest and best value and 

13 return for the taxpayer; 

14 (H) the extent to which the operating and 

15 maintenance costs are reduced through consoli16 dating, colocating, and reconfiguring space, and 

17 through realizing other operational efficiencies; 

18 and 

19 (I) the extent to which energy consumption 

20 is reduced; and 

21 (3) develop recommendations for the Commis22 sion based on those standards and criteria. 

23 (c) SPECIAL RULE FOR USE RATES.— 

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

25 Director under subsection (b) shall incorporate and 


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1 apply clear standard use rates consistent throughout 

2 each category of space and with nongovernment 

3 space use rates. 

4 (2) UNDERUTILIZATION OF RATES.—To the ex5 tent use rates are underutilized by a given agency, 

6 the Director shall recommend realignment, coloca7 tion, consolidation, or another type of action to im8 prove space use. 

9 (d) SUBMISSION TO THE COMMISSION.— 

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

11 recommendations developed pursuant to subsection 

12 (b) shall be— 

13 (A) submitted to the Commission with all 

14 supporting information, data, analyses, and 

15 documentation; 

16 (B) published in the Federal Register; and 

17 (C) submitted to the committees referred 

18 to in section 4(b)(3) and the Comptroller Gen19 eral of the United States. 

20 (2) ACCESS TO INFORMATION.—The Commis21 sion shall have access to— 

22 (A) all information pertaining to the rec23 ommendations, including supporting informa24 tion, data, analyses, and documentation sub25 mitted pursuant to subsection (a); 


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1 (B) on request of the Commission to a 

2 Federal agency, any additional information per3 taining to the properties of the Federal agency; 

4 and 

5 (C) all information in the Federal Real 

6 Property Profile. 

7 SEC. 6. DUTIES OF COMMISSION. 

8 (a) IN GENERAL.—The goal of the Commission shall 

9 be to identify a total savings to the Federal Government 

10 of not less than $9,000,000,000 from the disposal of Fed11 eral property under this Act, which may be achieved 

12 through activities such as the sale of Federal property and 

13 the termination of leases, colocation, maintenance, oper14 ations, and security activities. 

15 (b) IDENTIFICATION OF PROPERTY REDUCTION OP16 PORTUNITIES.—The Commission shall identify opportuni17 ties for the Federal Government to reduce significantly— 

18 (1) the Federal inventory of civilian real prop19 erty; 

20 (2) the costs incurred by the Federal Govern21 ment in administering that property, including oper22 ations, maintenance, and security; and 

23 (3) the number of high-value leases in the Fed24 eral inventory through relocation to less costly prop25 erties. 


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1 (c) IDENTIFICATION OF HIGH-VALUE ASSETS.— 

2 (1) IDENTIFICATION OF CERTAIN PROP3 ERTIES.—Not later than 180 days after the date of 

4 enactment of this Act, the Commission shall— 

5 (A) identify for potential sale not fewer 

6 than 5 Federal properties that— 

7 (i) are not on the list of surplus or ex8 cess properties as of that date; and 

9 (ii) each have an anticipated sale 

10 price, as determined by the Commission, of 

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

12 (B) submit a list of the properties so iden13 tified to the President and Congress, which 

14 shall be— 

15 (i) treated as a recommendation for 

16 the Commission under section 5; and 

17 (ii) subject to the approval process de18 scribed in sections 7 and 8. 

19 (2) INFORMATION AND DATA.— 

20 (A) IN GENERAL.—To assist the Commis21 sion in carrying out paragraph (1), each Fed22 eral agency shall provide to the Commission, on 

23 request of the Commission, any information and 

24 data regarding the properties of the Federal 

25 agency. 


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1 (B) FAILURE TO COMPLY.—The Commis2 sion shall notify the committees described in 

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

4 agency to comply with a request of the Commis5 sion. 

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

7 the date of approval of the list of properties sub8 mitted under paragraph (1), each Federal agency 

9 with custody, control, or administrative jurisdiction 

10 over an identified property shall transfer custody 

11 and control of, and administrative jurisdiction over, 

12 that property to the Administrator. 

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

14 date of approval of the list of properties submitted 

15 under paragraph (1), and notwithstanding any other 

16 provision of law (except as provided in section 

17 10(d)), the Administrator shall sell the properties on 

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

19 for cash at auction. 

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

21 paragraph (4) shall be distributed pursuant to sub22 sections (b) and (c) of section 18. 

23 (6) PROHIBITION ON LEASE-BACK.—The Fed24 eral Government may not lease back any property 

25 disposed or leased under this subsection. 


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1 (d) ANALYSIS OF INVENTORY.—The Commission— 

2 (1) shall carry out an independent analysis of 

3 the inventory of Federal civilian real property and 

4 the recommendations submitted under section 5; 

5 (2) shall not be bound or limited by the rec6 ommendations; and 

7 (3) in any case in which the Commission deter8 mines that a Federal agency has failed to provide 

9 necessary information, data, or adequate rec10 ommendations that meet the standards and criteria 

11 developed under section 5(b), shall develop such rec12 ommendations as the Commission considers to be 

13 appropriate based on existing data contained in the 

14 Federal Real Property Profile or other relevant in15 formation. 

16 (e) RECEIPT OF INFORMATION AND PROPOSALS.— 

17 Notwithstanding any other provision of law, the Commis18 sion— 

19 (1) may receive and consider proposals, infor20 mation, and other data submitted by State and local 

21 officials and the private sector; and 

22 (2) shall make any such information received 

23 publicly available. 

24 (f) ACCOUNTING SYSTEM.—The Commission shall— 


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

2 enactment of this Act, develop and implement a sys3 tem of accounting, to be used to independently 

4 evaluate the costs of and returns on the rec5 ommendations provided to the Commission under 

6 this Act; 

7 (2) determine which of the recommendations 

8 would provide the highest return to the taxpayer; 

9 and 

10 (3) establish a standard performance period for 

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

12 (g) PUBLIC HEARINGS.— 

13 (1) IN GENERAL.—After reviewing and per14 forming independent analyses of the recommenda15 tions received under section 5, the Commission shall 

16 conduct public hearings on the recommendations. 

17 (2) TESTIMONY.—All testimony before the 

18 Commission at a public hearing under this sub19 section shall be presented under oath. 

20 (h) REPORTING OF INFORMATION AND REC21 OMMENDATIONS.— 

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

23 after the date of receipt of recommendations under 

24 section 5, and biennially thereafter, the Commission 

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


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1 publicly post on a Federal website maintained by the 

2 Commission, a report containing the findings, con3 clusions, and recommendations of the Commission 

4 for the consolidation, exchange, colocation, reconfig5 uration, lease reductions, sale, and redevelopment of 

6 Federal civilian real properties, and for other oper7 ational efficiencies, that may be realized in the oper8 ation and maintenance of those properties by the 

9 Federal Government. 

10 (2) CONSENSUS IN MAJORITY.—The Commis11 sion— 

12 (A) shall seek to develop consensus rec13 ommendations; but 

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

15 include in the report under paragraph (1) rec16 ommendations that are supported by a majority 

17 of the Commission. 

18 (i) FEDERAL WEBSITE.—The Commission shall es19 tablish and maintain a Federal website for the purpose 

20 of making relevant information publically available. 

21 (j) REVIEW BY GAO.—The Comptroller General of 

22 the United States shall submit to Congress and the Com23 mission a report containing a detailed analysis of the rec24 ommendations provided by the Commission under subVerDate Mar 15 2010 23:38 Nov 19, 2013 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1715.IS S1715

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1 section (h), including the process used to develop the rec2 ommendations. 

3 SEC. 7. REVIEW BY THE PRESIDENT. 

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

5 (1) on receipt of the recommendations of the 

6 Commission under section 6, conduct a review of the 

7 recommendations; and 

8 (2) not later than 30 days after the date of re9 ceipt of the recommendations, submit to the Com10 mission and Congress a report that describes the ap11 proval or disapproval of the President of the rec12 ommendations. 

13 (b) APPROVAL AND DISAPPROVAL.—If the Presi14 dent— 

15 (1) approves the recommendations of the Com16 mission, the President shall submit a copy of the 

17 recommendations to Congress, together with a cer18 tification of the approval; 

19 (2) disapproves of the recommendations of the 

20 Commission, in whole or in part— 

21 (A) the President shall submit to the Com22 mission and Congress the reasons for the dis23 approval; and 

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

25 of disapproval, the Commission shall submit to 


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1 the President and Congress a revised list of rec2 ommendations; 

3 (3) approves the revised recommendations of 

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

5 the President shall submit a copy of the revised rec6 ommendations to Congress, together with a certifi7 cation of the approval; and 

8 (4) does not submit to Congress an approval 

9 and certification in accordance with paragraph (1) 

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

11 receipt of the recommendations or revised rec12 ommendations, the review process under this section 

13 shall terminate until the following year. 

14 SEC. 8. CONGRESSIONAL CONSIDERATION OF THE REC15 OMMENDATIONS. 

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

17 section, the term ‘‘joint resolution’’ means only a joint res18 olution— 

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

20 beginning on the date on which the President sub21 mits an approval and certification of recommenda22 tions to Congress under paragraph (1) or (3) of sec23 tion 7(b); 

24 (2) that does not have a preamble; 


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1 (3) the matter after the resolving clause of 

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

3 recommendations of the Civilian Property Realign4 ment Commission as submitted by the President on 

5 lllllllll’’, the blank space being filled 

6 in with the appropriate date; and 

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

8 Resolution disapproving the recommendations of the 

9 Civilian Property Realignment Commission’’. 

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

11 45 days after the date on which the President submits 

12 to Congress an approval and certification of recommenda13 tions under paragraph (1) or (3) of section 7(b), Congress 

14 may enact a joint resolution to disapprove the rec15 ommendations of the Commission. 

16 (c) COMPUTATION OF TIME PERIOD.—For the pur17 poses of this section, the days on which either House of 

18 Congress is not in session because of adjournment of more 

19 than 3 days to a day certain shall be excluded in the com20 putation of the period of time described in subsection 

21 (a)(1). 

22 (d) REFERRAL.— 

23 (1) HOUSE OF REPRESENTATIVES.—A joint 

24 resolution that is introduced in the House of Rep25 resentatives shall be referred to the Committee on 


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1 Transportation and Infrastructure of the House of 

2 Representatives. 

3 (2) SENATE.—A joint resolution that is intro4 duced in the Senate shall be referred to the Com5 mittee on Environment and Public Works of the 

6 Senate. 

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

8 resolution is referred has not reported the joint resolution 

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

10 beginning on the date on which the President submits the 

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

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

13 period, discharged from further consideration of the 

14 joint resolution; and 

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

16 appropriate calendar of the House involved. 

17 (f) CONSIDERATION.— 

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

19 after the date on which the committee to which a 

20 joint resolution is referred has reported, or has been 

21 discharged (under subsection (e)) from further con22 sideration of, such a joint resolution, it is in order, 

23 regardless of whether a previous motion to the same 

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


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1 respective House to move to proceed to the consider2 ation of the joint resolution. 

3 (2) MOTIONS.— 

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

5 motion described in paragraph (1) only on the 

6 date after the calendar day on which the Mem7 ber announces to the House concerned the in8 tention of the Member to make the motion, ex9 cept that, in the case of the House of Rep10 resentatives, the motion may be made without 

11 such a prior announcement if the motion is 

12 made by direction of the committee to which 

13 the joint resolution was referred. 

14 (B) PRIVILEGE; AMENDMENT.—A motion 

15 made under paragraph (1) is— 

16 (i) highly privileged in the House of 

17 Representatives, privileged in the Senate, 

18 and not debatable; and 

19 (ii) not subject to amendment, a mo20 tion to postpone, or a motion to proceed to 

21 the consideration of other business. 

22 (C) OTHER MOTIONS.— 

23 (i) IN GENERAL.—A motion to recon24 sider the vote by which a motion made 


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1 under paragraph (1) is agreed to or dis2 agreed to shall not be in order. 

3 (ii) AGREEMENT.—If a motion to pro4 ceed to consideration of the joint resolution 

5 is agreed to— 

6 (I) the respective House shall im7 mediately proceed to the consideration 

8 of the joint resolution without inter9 vening motion, order, or other busi10 ness; and 

11 (II) the joint resolution shall re12 main the unfinished business of the 

13 respective House until disposed of. 

14 (3) DEBATE.— 

15 (A) IN GENERAL.—Debate on a joint reso16 lution and on all debatable motions and appeals 

17 in connection with the joint resolution shall be 

18 limited to not more than 2 hours, divided equal19 ly between those favoring and those opposing 

20 the joint resolution. 

21 (B) AMENDMENTS.—An amendment to the 

22 joint resolution is not in order. 

23 (C) MOTION TO FURTHER LIMIT DE24 BATE.—A motion further to limit debate on the 

25 joint resolution is in order and not debatable. 


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1 (D) OTHER MOTIONS.—A motion to post2 pone, to proceed to the consideration of other 

3 business, to recommit the joint resolution, or to 

4 reconsider the vote by which the resolution is 

5 agreed to or disagreed to is not in order. 

6 (4) VOTE.—Immediately following the conclu7 sion of the debate on a joint resolution and a single 

8 quorum call at the conclusion of the debate, if re9 quested in accordance with the rules of the appro10 priate House, the vote on final passage of the joint 

11 resolution shall occur. 

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

13 Appeals of the decisions of the Chair relating to the 

14 application of the rules of the Senate or the House 

15 of Representatives, as the case may be, to the proce16 dure relating to a joint resolution shall be decided 

17 without debate. 

18 (g) CONSIDERATION BY OTHER HOUSE.— 

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

20 House of Congress of a joint resolution of that 

21 House, that House receives from the other House of 

22 Congress a joint resolution, the following procedures 

23 shall apply: 

24 (A) NO COMMITTEE REFERRAL.—The joint 

25 resolution of the other House shall not be reVerDate Mar 15 2010 23:38 Nov 19, 2013 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1715.IS S1715

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1 ferred to a committee and may not be consid2 ered in the House receiving the joint resolution 

3 except in the case of final passage as provided 

4 in subparagraph (B). 

5 (B) RESOLUTION PROCEDURE.—With re6 spect to a joint resolution of the House receiv7 ing the joint resolution, the procedure in that 

8 House shall be the same as if no joint resolu9 tion had been received from the other House, 

10 but the vote on final passage shall be on the 

11 joint resolution of the other House. 

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

13 joint resolution received from the other House, it 

14 shall no longer be in order to consider the joint reso15 lution that originated in the receiving House. 

16 (h) RULES OF THE SENATE AND HOUSE OF REP17 RESENTATIVES.—This section is enacted by Congress— 

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

19 the Senate and House of Representatives, respec20 tively, and as such— 

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

22 of each House, respectively; but 

23 (ii) is applicable only with respect to the 

24 procedure to be followed in that House in the 

25 case of a joint resolution; and 


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1 (B) supersedes other rules only to the ex2 tent that this section is inconsistent with those 

3 rules; and 

4 (2) with full recognition of the constitutional 

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

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

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

8 the case of any other rule of that House. 

9 (i) FAILURE TO PASS RESOLUTION OF DIS10 APPROVAL.—If Congress fails to pass a joint resolution 

11 by the date that is 45 calendar days after the date of sub12 mission by the President to Congress of the recommenda13 tions of the Commission, each Federal agency shall be re14 quired to implement and carry out all of the recommenda15 tions of the Commission pursuant to section 9. 

16 SEC. 9. IMPLEMENTATION OF RECOMMENDATIONS OF 

17 COMMISSION. 

18 (a) CARRYING OUT RECOMMENDATIONS.— 

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

20 in consultation with the Administrator— 

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

22 immediately begin preparations to carry out the 

23 recommendations of the Commission; 

24 (B) not later than 90 days after the date 

25 specified in section 8(i), develop a plan for the 


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1 implementation of those recommendations, in2 cluding a timeline with measurable milestones 

3 and deadlines; 

4 (C) not later than 1 year after the date 

5 specified in section 8(i), provide an update to 

6 the Commission and the Administrator on the 

7 plan developed under subparagraph (B); and 

8 (D) not later than the end of the 3-year 

9 period beginning on the date on which the 

10 President submits the recommendations of the 

11 Commission to Congress, complete implementa12 tion of all recommended actions. 

13 (2) ACTIONS.—Each recommended action taken 

14 by a Federal agency shall be economically beneficial 

15 and cost-neutral or otherwise result in savings to the 

16 Federal Government. 

17 (3) FAILURE TO IMPLEMENT RECOMMENDA18 TIONS.—If a Federal agency fails to carry out the 

19 plan described in paragraph (1)(B) and implement 

20 the recommendations of the Commission within the 

21 period described in paragraph (1)(D), the Adminis22 trator shall— 

23 (A) assume the authority of that Federal 

24 agency; and 


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1 (B) implement the recommendations of the 

2 Commission for that Federal agency. 

3 (b) ACTIONS OF FEDERAL AGENCIES.—In imple4 menting any recommended action relating to any Federal 

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

6 in consultation with the Administrator, pursuant to sub7 section (c), take all such necessary and proper actions, in8 cluding— 

9 (1) constructing replacement facilities, per10 forming such other activities, and conducting such 

11 advance planning and design as is required to trans12 fer functions from a Federal asset or property to an13 other Federal civilian property; 

14 (2) providing outplacement assistance to civilian 

15 employees employed by any Federal agency at a 

16 Federal civilian property impacted by the rec17 ommended action; and 

18 (3) reimbursing other Federal agencies for ac19 tions performed at the request of the Commission. 

20 (c) NECESSARY AND PROPER ACTIONS.— 

21 (1) IN GENERAL.—In acting on a recommenda22 tion of the Commission, a Federal agency shall— 

23 (A) act within any authority delegated to 

24 the Federal agency; and 


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1 (B) if the Federal agency has not been del2 egated authority to act on the recommendation, 

3 the Federal agency shall work in partnership 

4 with the Administrator to carry out the rec5 ommendation. 

6 (2) ACTIONS OF ADMINISTRATOR.—The Admin7 istrator— 

8 (A) may take such necessary and proper 

9 actions, including the sale, conveyance, or ex10 change of civilian real property, as are required 

11 to implement the recommendations of the Com12 mission in accordance with subsection (a); and 

13 (B) shall enter into and use commission14 based contracts for real estate services to assist 

15 in carrying out property transactions required 

16 by the recommendations of the Commission. 

17 (d) DISCRETION OF ADMINISTRATOR REGARDING

18 TRANSACTIONS.—For any transaction identified, rec19 ommended, or commenced as a result of this Act, any oth20 erwise required legal priority given to, or requirement to 

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

22 property for less than fair market value, for no consider23 ation at all, or in a transaction that mandates the exclu24 sion of other market participants, shall be at the discretion 

25 of the Administrator. 


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1 SEC. 10. DISPOSAL OF REAL PROPERTIES. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, any recommendation or commencement of a 

4 disposal or realignment of civilian real property shall not 

5 be subject to— 

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

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

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

9 States Code; 

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

11 Code; 

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

13 United States Code; 

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

15 Code; 

16 (6) section 501 of the McKinney-Vento Home17 less Assistance Act (42 U.S.C. 11411); 

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

19 Code; 

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

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

22 (9) any other provision of law authorizing the 

23 conveyance of real property under the administrative 

24 jurisdiction of the Federal Government for no con25 sideration; or 


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1 (10) any congressional notification requirement 

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

3 United States Code). 

4 (b) CONTINUATION OF CERTAIN REQUIREMENTS.— 

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

6 other required environmental or historical review, record7 keeping, or notice requirement otherwise applicable to a 

8 conveyance of Federal civilian real property. 

9 (c) PUBLIC BENEFIT.— 

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

11 the Commission determines should be reviewed for 

12 potential use for the homeless or for any other pub13 lic benefit under a provision of law described in sub14 section (a), the Commission shall submit to the Sec15 retary, on the same date on which the report of the 

16 Commission is submitted to the President under sec17 tion 6(g), any such information on the building or 

18 property that concerns the decision regarding the 

19 disposal of the civilian property. 

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

21 days after the date on which the Commission makes 

22 a submission of information under subsection (a), 

23 the Secretary shall provide to the Commission a re24 port summarizing a determination of the suitability 

25 of the civilian real properties recommended to be 


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1 disposed as properties appropriate for use in assist2 ing the homeless. 

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

4 days after the date on which the Commission sub5 mits a report to the President under section 6(g) 

6 and the recommendations of the Commission are re7 leased to the public, any representatives of the 

8 homeless proposing interest in the use of property 

9 that the Commission has determined should be re10 viewed for potential use by the homeless or for any 

11 other public benefit under a provision of law de12 scribed in subsection (a) may submit a notice of in13 terest to the Commission and the Secretary that 

14 contains— 

15 (A) a description of the homeless assist16 ance program that the representative proposes 

17 to carry out at the installation; 

18 (B) an assessment of the need for the pro19 gram; 

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

21 program is or will be coordinated with other 

22 homeless assistance programs in the commu23 nities in the vicinity of the property; 


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1 (D) a description of the buildings and 

2 property that are necessary in order to carry 

3 out the program; 

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

5 organization, and the organizational capacity of 

6 the representative to carry out the program; 

7 and 

8 (F) an assessment of the time required to 

9 commence implementation of the program. 

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

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

12 on which the Commission submits the report to 

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

14 certify submissions under this subsection from 

15 representatives of the homeless; and 

16 (B) if more than 1 notice of interest is en17 tered for a property, indicate to the Commis18 sion which planned use of the property for the 

19 homeless has more merit. 

20 (5) INTERESTED PARTIES.— 

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

22 after the date on which the Commission sub23 mits the report to the President under section 

24 6(g) and the recommendations of the Commis25 sion are publicly released, any parties proposing 


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1 interest in a property that the Commission has 

2 determined should be reviewed for any other 

3 public benefit programs described in subsection 

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

5 may submit a notice of interest to the Commis6 sion and to the Federal agency that is otherwise 

7 tasked by law to review applications for the 

8 public benefit conveyance program under which 

9 the party is applying. 

10 (B) REQUIREMENTS.—A notice of interest 

11 under this paragraph shall contain the informa12 tion otherwise required by the law establishing 

13 the public benefit conveyance program. 

14 (6) ASSESSMENT OF VALIDITY AND MERIT.— 

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

16 has been tasked with reviewing applications for 

17 public benefit conveyance programs, and that 

18 receives a notice of interest with information 

19 pertaining to the certification of the validity of 

20 a proposed public benefit conveyance operating 

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

22 are not homeless assistance, shall— 

23 (i) review and certify submissions 

24 from parties proposing such future use for 

25 the property; and 


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1 (ii) not later than 60 days after the 

2 date on which the Commission submits the 

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

4 submit to the Commission an assessment 

5 of the validity and merits of the informa6 tion contained in the notice of interest. 

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

8 notice of interest is entered for a property, the 

9 head of the reviewing agency shall indicate to 

10 the Commission which planned use of the prop11 erty has more merit. 

12 (7) COMPILATION OF INFORMATION AND AS13 SESSMENTS.—The Commission shall— 

14 (A) compile all information and assess15 ments regarding submitted notices of interest 

16 about properties; and 

17 (B) as soon as practicable after the date 

18 on which the recommendations of the Commis19 sion are required to be implemented by Federal 

20 agencies under section 8(i), forward the infor21 mation and assessments to the Federal agencies 

22 that maintain custody and control over the civil23 ian real properties to be disposed for use in im24 plementing the recommendations of the Com25 mission. 


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1 (8) USE OF PROPERTY.— 

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

3 by the Secretary is determined to be fit for use 

4 by the homeless and the Secretary has identi5 fied a representative of the homeless whose no6 tice of interest is certified, or, in the event of 

7 more than 1 notice of interest on the property, 

8 whose notice of interest is determined by the 

9 Secretary to have the most merit, the Federal 

10 agency maintaining custody or control of the 

11 property, in accordance with subsection (a), 

12 shall commence conveyance of the property to 

13 that representative of the homeless after the 

14 date on which the recommendations of the 

15 Commission are required to be implemented by 

16 Federal agencies under section 8(i). 

17 (B) UNFIT FOR USE; NO NOTICE OF IN18 TEREST.—If a property reviewed by the Sec19 retary is determined to be unfit for use by the 

20 homeless, or if there is no identified notice of 

21 interest on the property by a representative of 

22 the homeless, the Federal agency maintaining 

23 custody or control of the property shall deter24 mine whether— 


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1 (i) there are any parties that have ex2 pressed interest in the property for a use 

3 described in subsection (a) other than 

4 homeless assistance; and 

5 (ii) any Federal reviewing agency has 

6 certified 1 of those uses. 

7 (C) CONVEYANCE.—If a Federal agency 

8 maintaining custody or control of a property de9 termines that there is an identified notice of in10 terest in the property for a certified use under 

11 subparagraph (B), as soon as practicable after 

12 the date on which the recommendations of the 

13 Commission are required to be implemented by 

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

15 agency shall— 

16 (i) commence conveyance of the prop17 erty to the party that proposed the cer18 tified use; and 

19 (ii) if more than 1 party has ex20 pressed interest in the property— 

21 (I) select which party shall re22 ceive the property; and 

23 (II) commence conveyance of the 

24 property to the party. 


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

2 If, after the date on which the recommendations of 

3 the Commission are required to be implemented by 

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

5 not qualify, or there is no interest in a property re6 viewed, for 1 of the uses described in subsection (a), 

7 a Federal agency may select among any other re8 maining ways to implement the recommendations of 

9 the Commission with respect to the property. 

10 (d) ENVIRONMENTAL CONSIDERATIONS.— 

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

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

13 National Environmental Policy Act of 1969 (42 

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

15 (2) DISPOSAL OR REALIGNMENT OF PROP16 ERTY.—A Federal agency may dispose of or realign 

17 property without regard to any provision of law, as 

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

19 funds for disposal or realignment of Federal civilian 

20 property included in any appropriations or author21 ization Act. 

22 (3) TRANSFER OF REAL PROPERTY.— 

23 (A) IN GENERAL.—In implementing rec24 ommendations of the Commission under section 

25 8(i) for properties that have been identified in 


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1 those recommendations and are in compliance 

2 with the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 

4 1980 (42 U.S.C. 9601 et seq.), including sec5 tion 120(h) of that Act (42 U.S.C. 9620(h)), a 

6 Federal agency may enter into an agreement 

7 with any person to transfer real property by 

8 deed. 

9 (B) ADDITIONAL TERMS.— 

10 (i) IN GENERAL.—The head of the 

11 Federal agency disposing of property under 

12 this paragraph may require any additional 

13 terms and conditions in connection with an 

14 agreement authorized by subparagraph (A) 

15 as are appropriate to protect the interests 

16 of the United States. 

17 (ii) NO EFFECT ON RIGHTS AND OBLI18 GATIONS.—Additional terms and condi19 tions described in clause (i) shall not affect 

20 or diminish any right or obligation of a 

21 Federal agency under section 120(h) of the 

22 Comprehensive Environmental Response, 

23 Compensation, and Liability Act of 1980 

24 (42 U.S.C. 9620(h)). 


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

2 agreement pursuant to this Act, a Federal agency 

3 shall disclose to the person to whom property or fa4 cilities will be transferred, before entering into any 

5 agreement with the person, any information of the 

6 Federal agency regarding the environmental restora7 tion, waste management, and environmental compli8 ance activities described in this Act that relate to 

9 the property or facilities. 

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

11 this section modifies, alters, or amends— 

12 (1) the Comprehensive Environmental Re13 sponse, Compensation, and Liability Act of 1980 (42 

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

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

16 6901 et seq.). 

17 SEC. 11. CONGRESSIONAL APPROVAL OF PROPOSED 

18 PROJECTS. 

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

20 amended— 

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

22 end; 

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

24 the end and inserting a semicolon; and 

25 (3) adding at the end the following: 


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

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

3 Realignment Act of 2013; 

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

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

6 ‘‘(A) the total estimated legal obligations 

7 of the Federal Government over the life of the 

8 contract; and 

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

10 and 

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

12 construction, alteration, or acquisition of the build13 ing or space to be leased, a statement by the Admin14 istrator describing the use of life-cycle cost analysis 

15 and any increased design, construction, or acquisi16 tion costs identified by the analysis that are offset 

17 by lower long-term costs.’’. 

18 SEC. 12. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

19 (a) LIMITATION ON CERTAIN LEASING AUTHORI20 TIES.—Chapter 33 of title 40, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘3317. LIMITATION ON LEASING AUTHORITY OF OTHER 

23 AGENCIES. 

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

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


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1 ‘‘(b) LEASING AUTHORITY.— 

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

3 provision of law, subject to paragraph (2), no execu4 tive agency may lease space for the purposes of a 

5 public building, except as provided in section 585 

6 and this chapter. 

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

8 apply to the United States Postal Service, the De9 partment of Veterans Affairs, or any property the 

10 President excludes for reasons of national security. 

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

12 ‘‘(1) establishes any new authority for an execu13 tive agency to enter into a lease; or 

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

15 under section 3314.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 33 of title 40, United States Code, is amended by add18 ing at the end the following: 

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

19 SEC. 13. IMPLEMENTATION REVIEW BY GAO. 

20 Not later than 1 year after the date of enactment 

21 of this Act, and annually thereafter, the Comptroller Gen22 eral of the United States shall submit to Congress an an23 nual report that— 


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1 (1) reviews and describes the implementation 

2 activities of Federal agencies pursuant to section 9; 

3 and 

4 (2) contains any recommendations of the Comp5 troller General for the improvement of those imple6 mentation activities. 

7 SEC. 14. REALIGNMENT OF REAL PROPERTY OWNED OR 

8 MANAGED BY THE BUREAU OF OVERSEAS 

9 BUILDING OPERATIONS. 

10 (a) LIST OF ASSETS.—On an annual basis, the Com11 mission shall identify and compile a list of assets located 

12 outside of the United States and the territories of the 

13 United States that are owned or managed by the Bureau 

14 of Overseas Building Operations of the Department of 

15 State that may— 

16 (1) be sold for proceeds so as to reduce the ci17 vilian real property inventory and operating costs of 

18 the Federal Government; or 

19 (2) be otherwise disposed of, transferred, con20 solidated, colocated, or reconfigured so as to reduce 

21 the operating costs of the Federal Government. 

22 (b) LIST TO SECRETARY OF STATE.—The Commis23 sion shall provide each list compiled pursuant to sub24 section (a) to the Secretary of State. 


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1 (c) REVIEW AND REPORT.—Not later than 90 cal2 endar days after the date of receipt of a list compiled pur3 suant to subsection (b), the Department of State shall— 

4 (1) review the list; and 

5 (2) submit to the Commission a report that in6 cludes the conclusions of the review. 

7 (d) RECOMMENDATIONS OF CERTAIN CIVILIAN REAL

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

9 Commission may make recommendations involving civilian 

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

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

12 Department of State pursuant to this section; and 

13 (2) the Department of State has submitted a 

14 report on the list to the Commission pursuant to 

15 subsection (c)(2). 

16 (e) REMOVAL OF CERTAIN CIVILIAN REAL PROP17 ERTY TRANSACTION ASSETS.—In accordance with section 

18 6, not later than 20 calendar days after the date of sub19 mission of the report of the Commission to the President 

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

21 transaction that involves a civilian real property asset de22 scribed in subsection (a) from the list of recommendations 

23 developed under section 6. 

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

25 this section restricts the ability of the Secretary of State 


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1 to appeal to the Director or Commission for funding by 

2 the Asset Proceeds and Space Management Fund to sup3 port the cost of implementing a recommendation. 

4 (g) PROCEEDS.— 

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

6 Act, proceeds from the disposal of assets described 

7 in subsection (a) shall be deposited in the Asset Pro8 ceeds and Space Management Fund established 

9 under section 18(c). 

10 (2) DISPOSAL UNDER OTHER AUTHORITY.— 

11 Proceeds from the disposal of assets by the Depart12 ment of State that are not disposed of pursuant to 

13 this Act shall be retained by the Department of 

14 State. 

15 SEC. 15. FEDERAL REAL PROPERTY PROFILE. 

16 (a) CONGRESSIONAL COMMITTEES.— 

17 (1) IN GENERAL.—On the request of the chair18 person and ranking member of any committee de19 scribed in paragraph (2), the Director and the Ad20 ministrator shall— 

21 (A) provide access to the Federal Real 

22 Property Profile established in accordance with 

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

24 relating to Federal real property asset manage25 ment), to that committee; and 


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1 (B) make all information in the Federal 

2 Real Property Profile available to that com3 mittee. 

4 (2) COMMITTEES.—The committees referred to 

5 in paragraph (1) are— 

6 (A) the Committee on Transportation and 

7 Infrastructure of the House of Representatives; 

8 (B) the Committee on Oversight and Gov9 ernment Reform of the House of Representa10 tives; 

11 (C) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 (D) the Committee on Environment and 

14 Public Works of the Senate; and 

15 (E) the Committees on Appropriations of 

16 the House of Representatives and the Senate. 

17 (b) GOVERNMENT ACCOUNTABILITY OFFICE.—On 

18 the request of the Comptroller General, the Director and 

19 the Administrator shall— 

20 (1) provide access to the Federal Real Property 

21 Profile established in accordance with Executive 

22 Order 13327 (40 U.S.C. 121 note; relating to Fed23 eral real property asset management), to the Gov24 ernment Accountability Office; and 


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1 (2) make all information in the Federal Real 

2 Property Profile available to the Government Ac3 countability Office. 

4 (c) CONGRESSIONAL RESEARCH SERVICE.—On re5 quest of the Director of the Congressional Research Serv6 ice, the Director and the Administrator shall— 

7 (1) provide access to the Federal Real Property 

8 Profile established in accordance with Executive 

9 Order 13327 (40 U.S.C. 121 note; relating to Fed10 eral real property asset management), to the Con11 gressional Research Service; and 

12 (2) make all information in the Federal Real 

13 Property Profile available to the Congressional Re14 search Service. 

15 (d) CONGRESSIONAL BUDGET OFFICE.—On request 

16 of the Director of the Congressional Budget Office, the 

17 Director and the Administrator shall— 

18 (1) provide access to the Federal Real Property 

19 Profile established in accordance with Executive 

20 Order 13327 (40 U.S.C. 121 note; relating to Fed21 eral real property asset management), to the Con22 gressional Budget Office; and 

23 (2) make all information in the Federal Real 

24 Property Profile available to the Congressional 

25 Budget Office. 


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1 (e) THE COMMISSION.—On request of the Chair2 person of the Commission, the Director and Administrator 

3 shall— 

4 (1) provide access to the Federal Real Property 

5 Profile established in accordance with Executive 

6 Order 13327 (40 U.S.C. 121 note; relating to Fed7 eral real property asset management), to the Com8 mission; and 

9 (2) make all information in the Federal Real 

10 Property Profile available to the Commission. 

11 (f) REAL PROPERTY PROFILE IMPROVEMENTS.—In 

12 carrying out the duties of the Administrator relating to 

13 maintaining the Federal Real Property Profile established 

14 in accordance with Executive Order 13327 (40 U.S.C. 121 

15 note; relating to Federal real property asset management), 

16 the Administrator shall ensure that the data collected and 

17 reported from each Federal agency includes— 

18 (1) the age and condition of the property; 

19 (2) the size of the property, expressed in square 

20 footage and acreage; 

21 (3) the geographical location of the property, 

22 including an address and description; 

23 (4) the extent to which the property is being 

24 utilized; 


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1 (5) the actual annual operating costs associated 

2 with the property; 

3 (6) the total cost of capital expenditures associ4 ated with the property; 

5 (7) sustainability metrics associated with the 

6 property; 

7 (8) the number of Federal employees and func8 tions housed at the property; 

9 (9) the extent to which the mission of the Fed10 eral agency is dependent on the property; and 

11 (10) the estimated amount of capital expendi12 tures projected to maintain and operate the property 

13 for each of the 5 calendar years after the date of en14 actment of this Act. 

15 SEC. 16. EXCESS PROPERTY. 

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

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

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

19 exchange, consolidate, colocate, reconfigure, or redevelop 

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

21 is— 

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

23 of title 40, United States Code); and 

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

25 (b) EXCEPTIONS.— 


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

2 apply to any property, if the Federal agency in con3 trol of the property submits a report to each com4 mittee described in paragraph (2) that— 

5 (A) identifies the property; and 

6 (B) states the reasons the Federal agency 

7 is not able to carry out subsection (a) with re8 spect to that property. 

9 (2) COMMITTEES.—The committees referred to 

10 under 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 SEC. 17. PRECLUSION OF JUDICIAL REVIEW. 

23 The following actions shall not be subject to judicial 

24 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) SALARIES AND EXPENSES ACCOUNT.— 

8 (1) ESTABLISHMENT.—There is established in 

9 the Treasury an account, to be known as the ‘‘Civil10 ian Property Realignment Commission—Salaries 

11 and Expenses’’ account, consisting of— 

12 (A) the amounts deposited in the account 

13 under subsection (c)(1); and 

14 (B) such amounts as are provided in ap15 propriations Acts for those necessary payments 

16 for salaries and other administrative expenses 

17 of the Commission. 

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

19 appropriated for the salaries and expenses of the 

20 Commission for a fiscal year, the Director may sup21 port the activities of the Commission under this Act 

22 for the fiscal year if the Director, in consultation 

23 with the Administrator, approves a transfer to the 

24 Commission of amounts from the Asset Proceeds 


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1 and Space Management Fund established under sub2 section (b)(1). 

3 (b) ASSET PROCEEDS AND SPACE MANAGEMENT

4 FUND.— 

5 (1) ESTABLISHMENT.—There is established 

6 within the Federal Buildings Fund established by 

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

8 to be known as the ‘‘Civilian Property Realignment 

9 Commission—Asset Proceeds and Space Manage10 ment Fund’’, which shall be used solely for the pur11 poses of carrying out actions pursuant to rec12 ommendations of the Commission approved under 

13 section 8. 

14 (2) TYPES OF FUNDS DEPOSITED.—Notwith15 standing section 3307 of title 40, United States 

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

17 consist of— 

18 (A) such amounts as are provided in ap19 propriations Acts, to remain available until ex20 pended, for the consolidation, colocation, ex21 change, redevelopment, reconfiguration of space 

22 and other actions recommended by the Commis23 sion for Federal agencies; 

24 (B) the proceeds received from each civil25 ian real property action taken pursuant to a 


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1 recommendation of the Commission under sec2 tion 9; and 

3 (C) any funds made available to a Federal 

4 agency in an appropriations Act for the costs of 

5 administering civilian real property, including 

6 operations, maintenance, and security not ex7 pended because of any savings in those costs re8 sulting from implementing a recommendation of 

9 the Commission under section 9. 

10 (3) AVAILABILITY OF AMOUNTS.—The amounts 

11 deposited in the fund established under paragraph 

12 (1) shall remain available until expended. 

13 (4) TRANSFER OF PROCEEDS.— 

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

15 carrying out the duties of the Commission and 

16 with the consent of the Administrator, may 

17 transfer from the fund established under para18 graph (1) to a Federal agency such amounts as 

19 are necessary from the proceeds described in 

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

21 implementing the recommendations of the Com22 mission under section 9. 

23 (B) TYPES OF COSTS.—The costs de24 scribed in subparagraph (A) shall include any 

25 costs associated with— 


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1 (i) sales transactions; 

2 (ii) transferring functions from a Fed3 eral asset or property to another Federal 

4 civilian property, including construction, 

5 constructing replacement facilities, con6 ducting advance planning, and design; 

7 (iii) colocation, redevelopment, dis8 posal, and reconfiguration of space; and 

9 (iv) any other action recommended by 

10 the Commission for a Federal agency. 

11 (5) NET PROCEEDS.— 

12 (A) DEFINITION OF NET PROCEEDS.—In 

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

14 difference between— 

15 (i) the proceeds described in para16 graph (2)(B); and 

17 (ii) the amounts transferred under 

18 paragraph (4). 

19 (B) DEPOSIT.—The Administrator shall 

20 determine the proportion of the net proceeds 

21 that are deposited in the general fund of the 

22 Treasury and the Civilian Property Realign23 ment Commission—Asset Proceeds and Space 

24 Management Fund for a fiscal year, except 

25 that, of the total amount of net proceeds for a 


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1 fiscal year, the general fund of the Treasury 

2 shall receive— 

3 (i) 100 percent of all proceeds de4 scribed in paragraph (2)(B) for the fiscal 

5 year until such date as the total amount of 

6 those proceeds for the fiscal year exceeds 

7 $50,000,000; and 

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

9 proceeds thereafter for the fiscal year. 

10 (c) INITIAL FUNDING.—Notwithstanding any other 

11 provision of law, not later than 30 days after the date of 

12 enactment of this Act, the Administrator shall transfer 

13 from the Federal Buildings Fund established under sec14 tion 592 of title 40, United States Code— 

15 (1) $20,000,000, to the Civilian Property Re16 alignment Commission—Salaries and Expenses ac17 count established under subsection (a)(1), to remain 

18 available until expended, for salaries and expenses of 

19 the Commission; and 

20 (2) $62,000,000, to Civilian Property Realign21 ment Commission—Asset Proceeds and Space Man22 agement Fund established under subsection (b)(1), 

23 to remain available until expended, for use in car24 rying out activities relating to the implementation of 

25 the recommendations of the Commission. 


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

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

3 amended by adding at the end the following: 

4 ‘‘(d) CONSIDERATION OF LIFE-CYCLE COST RE5 QUIRED.— 

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

7 ‘‘(A) LIFE-CYCLE COST.—The term ‘life8 cycle cost’ means the sum of the following 

9 costs, as estimated for the lifetime of a build10 ing: 

11 ‘‘(i) Investment costs. 

12 ‘‘(ii) Capital costs. 

13 ‘‘(iii) Installation costs. 

14 ‘‘(iv) Energy costs. 

15 ‘‘(v) Operating costs. 

16 ‘‘(vi) Maintenance costs. 

17 ‘‘(vii) Replacement costs. 

18 ‘‘(B) LIFETIME OF A BUILDING.—The 

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

20 to a building, the greater of— 

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

22 the building is projected to be used; or 

23 ‘‘(ii) 50 years. 

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

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


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1 considered in the construction or lease of a public 

2 building described in paragraph (3). 

3 ‘‘(3) FEDERAL PUBLIC BUILDINGS SUBJECT TO

4 REQUIREMENT.—A public building is subject to the 

5 requirement under paragraph (2) if— 

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

7 begins after the date of the enactment of the 

8 Civilian Property Realignment Act of 2013; 

9 ‘‘(B) the estimated construction costs of 

10 the building exceed $1,000,000; 

11 ‘‘(C) in the case of a lease, the square foot12 age of the property is more than 25,000 square 

13 feet; and 

14 ‘‘(D) Federal funding comprises more than 

15 50 percent of the funding for the estimated 

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

Æ 


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