IIB 

112TH CONGRESS 

2D SESSION H. R. 1734 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2012 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To decrease the deficit by realigning, consolidating, selling, 

disposing, and improving the efficiency of Federal buildings and other civilian real property, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to consolidate the footprint of Federal 

7 buildings and facilities; 

8 (2) to maximize the utilization rate of Federal 

9 buildings and facilities; 

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

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

12 are underutilized to obtain the highest and best 

13 value for the taxpayer and maximize the return to 

14 the taxpayer; 

15 (5) to reduce the operating and maintenance 

16 costs of Federal civilian real properties through the 

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

20 (6) to reduce redundancy, overlap, and costs as21 sociated with field offices; 

22 (7) to create incentives for Federal agencies to 

23 achieve greater efficiency in their inventories of civil24 ian real property; 

25 (8) to facilitate and expedite the sale or dis26 posal of unneeded civilian properties; and 


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1 (9) to assist Federal agencies in achieving the 

2 Government’s sustainability goals by reducing excess 

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

4 by leveraging new technologies. 

5 SEC. 3. DEFINITIONS. 

6 In this Act, unless otherwise expressly stated, the fol7 lowing definitions apply: 

8 (1) FEDERAL CIVILIAN REAL PROPERTY AND

9 CIVILIAN REAL PROPERTY.— 

10 (A) PROPERTY.—The terms ‘‘Federal civil11 ian real property’’ and ‘‘civilian real property’’ 

12 refer to Federal real property assets, including 

13 public buildings as defined in section 3301 of 

14 title 40, United States Code, occupied and im15 proved grounds, leased space, or other physical 

16 structures under the custody and control of any 

17 Federal agency. 

18 (B) FURTHER EXCLUSIONS.—Subpara19 graph (A) shall not be construed as including 

20 any of the following types of property: 

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

22 center, homeport facility for any ship, or 

23 any activity under the jurisdiction of the 

24 Department of Defense or Coast Guard. 


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1 (ii) Properties that are excluded for 

2 reasons of national security by the Direc3 tor of the Office of Management and 

4 Budget. 

5 (iii) Properties that are excepted from 

6 the definition of ‘‘property’’ under section 

7 102(9) of title 40, United States Code. 

8 (iv) Indian and Native Alaskan prop9 erties including— 

10 (I) any property within the limits 

11 of any Indian reservation to which the 

12 United States owns title for the ben13 efit of an Indian tribe; and 

14 (II) any property title which is 

15 held in trust by the United States for 

16 the benefit of any Indian tribe or indi17 vidual or held by an Indian tribe or 

18 individual subject to restriction by the 

19 United States against alienation. 

20 (v) Properties operated and main21 tained by the Tennessee Valley Authority 

22 pursuant to the Tennessee Valley Author23 ity Act of 1933 (16 U.S.C. 831 et seq.). 

24 (vi) Postal properties owned by the 

25 United States Postal Service. 


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1 (vii) Properties used in connection 

2 with Federal programs for agricultural, 

3 recreational, and conservation purposes, in4 cluding research in connection with the 

5 programs. 

6 (viii) Properties used in connection 

7 with river, harbor, flood control, reclama8 tion, or power projects. 

9 (ix) Properties located outside the 

10 United States operated or maintained by 

11 the Department of State or the United 

12 States Agency for International Develop13 ment. 

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

15 agency’’ means an executive department or inde16 pendent establishment in the executive branch of the 

17 Government, and a wholly owned Government cor18 poration. 

19 (3) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of General Serv21 ices. 

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

23 means the Civilian Property Realignment Commis24 sion. 


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

2 of Management and Budget. 

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

4 means any Federal office that is not the Head5 quarters office location for the Federal agency. 

6 SEC. 4. COMMISSION. 

7 (a) ESTABLISHMENT.—There is established an inde8 pendent commission to be known as the Civilian Property 

9 Realignment Commission, referred to in this Act as the 

10 ‘‘Commission’’. 

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

12 duties as specified in this Act. 

13 (c) MEMBERSHIP.— 

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

15 composed of a Chairperson appointed by the Presi16 dent, by and with the advice and consent of the Sen17 ate, and eight members appointed by the President. 

18 (2) APPOINTMENTS.—In selecting individuals 

19 for appointments to the Commission, the President 

20 shall consult with— 

21 (A) the Speaker of the House of Rep22 resentatives concerning the appointment of two 

23 members; 

24 (B) the majority leader of the Senate con25 cerning the appointment of two members; 


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1 (C) the minority leader of the House of 

2 Representatives concerning the appointment of 

3 one member; and 

4 (D) the minority leader of the Senate con5 cerning the appointment of one member. 

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

7 Commission shall be 6 years. 

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

9 the same manner as the original appointment. 

10 (5) QUALIFICATIONS.—In selecting individuals 

11 for appointment to the Commission, the President 

12 shall ensure the Commission contains individuals 

13 with expertise representative of the following: 

14 (A) Commercial real estate and redevelop15 ment. 

16 (B) Government management or oper17 ations. 

18 (C) Community development, including 

19 transportation and planning. 

20 (D) Historic preservation. 

21 SEC. 5. COMMISSION MEETINGS. 

22 (a) OPEN MEETINGS.—Each meeting of the Commis23 sion, other than meetings in which classified information 

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

25 meeting shall be announced in the Federal Register and 


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1 the Federal website established by the Commission at least 

2 14 calendar days in advance of a meeting. For all public 

3 meetings, the Commission shall release an agenda and a 

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

5 (b) QUORUM AND MEETINGS.—Seven Commission 

6 members shall constitute a quorum for the purposes of 

7 conducting business and three or more Commission mem8 bers shall constitute a meeting of the Commission. 

9 (c) TRANSPARENCY OF INFORMATION.—All the pro10 ceedings, information, and deliberations of the Commis11 sion shall be open, upon request, to the Chairperson and 

12 the ranking minority party member, and their respective 

13 subcommittee Chairperson and ranking minority party 

14 member, of— 

15 (1) the Committee on Transportation and In16 frastructure of the House of Representatives; 

17 (2) the Committee on Oversight and Govern18 ment Reform of the House of Representatives; 

19 (3) the Committee on Homeland Security and 

20 Governmental Affairs of the Senate; 

21 (4) the Committee on Environmental and Pub22 lic Works of the Senate; and 

23 (5) the committees on Appropriations of the 

24 House of Representatives and the Senate. 


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1 (d) GOVERNMENT ACCOUNTABILITY OFFICE.—All 

2 proceedings, information, and deliberations of the Com3 mission shall be open, upon request, to the Comptroller 

4 General of the United States. 

5 SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 

6 (a) COMPENSATION.— 

7 (1) RATE OF PAY FOR MEMBERS.—Each mem8 ber, other than the Chairperson, shall be paid at a 

9 rate equal to the daily equivalent of the minimum 

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

11 Executive Schedule under section 5315 of title 5, 

12 United States Code, for each day (including travel 

13 time) during which the member is engaged in the ac14 tual performance of duties vested in the Commis15 sion. 

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

17 Chairperson shall be paid for each day referred to 

18 in paragraph (1) at a rate equal to the daily equiva19 lent of the minimum annual rate of basic pay pay20 able for level III of the Executive Schedule under 

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

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

23 including per diem in lieu of subsistence, in accordance 

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

25 Code. 


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1 SEC. 7. EXECUTIVE DIRECTOR. 

2 (a) APPOINTMENT.—The Commission shall appoint 

3 an Executive Director and may disregard the provisions 

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

5 the competitive service. 

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

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

8 for level IV of the Executive Schedule under section 5315 

9 of title 5, United States Code. 

10 SEC. 8. STAFF. 

11 (a) ADDITIONAL PERSONNEL.—Subject to subsection 

12 (b), the Executive Director, with the approval of the Com13 mission, may appoint and fix the pay of additional per14 sonnel. 

15 (b) DETAIL EMPLOYEES FROM OTHER AGENCIES.— 

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

17 Federal agency may detail any of the personnel of that 

18 agency to the Commission to assist the Commission in car19 rying out its duties under this Act. 

20 (c) QUALIFICATIONS.—Appointments shall be made 

21 with consideration of a balance of expertise consistent with 

22 the qualifications of representatives described in section 

23 4(c)(5). 

24 SEC. 9. CONTRACTING AUTHORITY. 

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

26 to the extent practicable and subject to appropriations 


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

2 the Administrator for services necessary to carry out the 

3 duties of the Commission. 

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

5 the Commission, shall identify suitable excess space within 

6 the Federal space inventory to house the operations of the 

7 Commission. 

8 (c) PERSONAL PROPERTY.—The Commission shall 

9 use personal property already in the custody and control 

10 of the Administrator. 

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

12 authorities under this section and section 12, the Commis13 sion shall use, to the greatest extent practicable, small 

14 businesses as defined by section 3 of the Small Business 

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

16 SEC. 10. TERMINATION. 

17 The Commission shall cease operations and terminate 

18 6 years after the date of enactment of this Act. 

19 SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE 

20 COMMISSION. 

21 (a) SUBMISSIONS OF AGENCY INFORMATION AND

22 RECOMMENDATIONS.—Not later than 120 days after the 

23 date of enactment of this Act and 120 days after the be24 ginning of each fiscal year thereafter, the head of each 


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1 Federal agency shall submit to the Administrator and the 

2 Director of OMB the following: 

3 (1) CURRENT DATA.—Current data of all Fed4 eral civilian real properties owned, leased, or con5 trolled by the respective agency, including all rel6 evant information prescribed by the Administrator 

7 and the Director of OMB, including data related to 

8 the age and condition of the property, operating 

9 costs, history of capital expenditures, sustainability 

10 metrics, number of Federal employees and functions 

11 housed in the respective property, and square foot12 age (including gross, rentable, and usable). 

13 (2) AGENCY RECOMMENDATIONS.—Rec14 ommendations which shall include the following: 

15 (A) Federal civilian properties that can be 

16 sold for proceeds and otherwise disposed of, re17 ported as excess, declared surplus, or otherwise 

18 no longer meeting the needs of the agency, ex19 cluding leasebacks or other such exchange 

20 agreements where the property continues to be 

21 used by the agency. 

22 (B) Federal civilian properties that can be 

23 transferred, exchanged, consolidated, co-located, 

24 reconfigured, or redeveloped, so as to reduce 

25 the civilian real property inventory, reduce the 


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1 operating costs of the Government, and create 

2 the highest value and return for the taxpayer. 

3 (C) Operational efficiencies that the Gov4 ernment can realize in its operation and main5 tenance of Federal civilian real properties. 

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

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

8 of OMB, in consultation with the Administrator, shall re9 view agency recommendations submitted pursuant to sub10 section (a), and develop consistent standards and criteria 

11 against which agency recommendations will be reviewed. 

12 The Director of OMB and the Administrator shall develop 

13 recommendations to the Commission based on those 

14 standards and criteria. In developing the standards and 

15 criteria, the Director of OMB, in consultation with the Ad16 ministrator, shall incorporate the following: 

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

18 facility could be sold (including property that is no 

19 longer meeting the needs of the Federal Govern20 ment), redeveloped, or otherwise used to produce the 

21 highest and best value and return for the taxpayer. 

22 (2) The extent to which the operating and 

23 maintenance costs are reduced through consoli24 dating, co-locating, and reconfiguring space, and 

25 through realizing other operational efficiencies. 


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

2 being maximized and is consistent with non-govern3 mental industry standards for the given function or 

4 operation. 

5 (4) The extent and timing of potential costs 

6 and savings, including the number of years, begin7 ning with the date of completion of the proposed rec8 ommendation. 

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

10 long-term space needs is reduced. 

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

12 facility aligns with the current mission of the Fed13 eral agency. 

14 (7) The extent to which there are opportunities 

15 to consolidate similar operations across multiple 

16 agencies or within agencies. 

17 (8) The economic impact on existing commu18 nities in the vicinity of the Federal building or facil19 ity. 

20 (9) The extent to which energy consumption is 

21 reduced. 

22 (c) SPECIAL RULE FOR UTILIZATION RATES.— 

23 Standards developed by the Director of OMB must incor24 porate and apply clear standard utilization rates con25 sistent throughout each category of space and with nonVerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 government space utilization rates. To the extent the 

2 space utilization rates of a given agency fall below the uti3 lization rates to be applied under this subsection, the Di4 rector may recommend realignment, co-location, consolida5 tion, or other type of action to improve space utilization. 

6 (d) SUBMISSION TO THE COMMISSION.— 

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

8 recommendations developed pursuant to subsection 

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

10 supporting information, data, analyses, and docu11 mentation. 

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

13 and recommendations shall be published in the Fed14 eral Register and transmitted to the committees des15 ignated in section 5(c) and to the Comptroller Gen16 eral of the United States. 

17 (3) ACCESS TO INFORMATION.—The Commis18 sion shall also have access to all information per19 taining to the recommendations, including sup20 porting information, data, analyses, and documenta21 tion submitted pursuant to subsection (a). Upon re22 quest, Federal agencies shall provide, the Commis23 sion any additional information pertaining to its 

24 properties. 


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1 SEC. 12. COMMISSION DUTIES. 

2 (a) IDENTIFICATION OF PROPERTY REDUCTION OP3 PORTUNITIES.—The Commission shall identify opportuni4 ties for the Government to reduce significantly its inven5 tory of civilian real property and reduce costs to the Gov6 ernment. 

7 (b) IDENTIFICATION OF HIGH VALUE ASSETS.— 

8 (1) IDENTIFICATION OF CERTAIN PROP9 ERTIES.—Not later than 180 days after Commission 

10 members are appointed pursuant to section 4, the 

11 Commission shall identify not less than 5 Federal 

12 properties that are not on the list of surplus or ex13 cess as of such date with a total fair market value 

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

15 to the President and Congress as Commission rec16 ommendations and subject to the approval process 

17 described in sections 13 and 14. 

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

19 meet the goal established under paragraph (1), Fed20 eral agencies shall provide, upon receipt, any and all 

21 information and data regarding its properties to the 

22 Commission. The Commission shall notify the com23 mittees listed under section 5(c) of any failure by 

24 any agency to comply with a request of the Commis25 sion. 


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1 (c) ANALYSIS OF INVENTORY.—The Commission 

2 shall perform an independent analysis of the inventory of 

3 Federal civilian real property and the recommendations 

4 submitted pursuant to section 11. The Commission shall 

5 not be bound or limited by the recommendations sub6 mitted pursuant to section 11. If, in the opinion of the 

7 Commission, an agency fails to provide needed informa8 tion, data or adequate recommendations that meet the 

9 standards and criteria, the Commission shall develop such 

10 recommendations as it considers appropriate based on ex11 isting data contained in the Federal Real Property Profile 

12 or other relevant information. 

13 (d) RECEIPT OF INFORMATION AND PROPOSALS.— 

14 Notwithstanding any other provision of law, the Commis15 sion may receive and consider proposals, information, and 

16 other data submitted by State and local officials and the 

17 private sector. Such information shall be made publically 

18 available. 

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

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

21 shall identify or develop and implement a system of ac22 counting to be used to independently evaluate the costs 

23 of and returns on the recommendations. Such accounting 

24 system shall be applied in developing the Commission’s 

25 recommendations and determining the highest return to 


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1 the taxpayer. In applying the accounting system, the Com2 mission shall set a standard performance period. 

3 (f) PUBLIC HEARING.—The Commission shall con4 duct public hearings. All testimony before the Commission 

5 at a public hearing under this paragraph shall be pre6 sented under oath. 

7 (g) REPORTING OF INFORMATION AND REC8 OMMENDATIONS.— 

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

10 after the receipt of recommendations pursuant to 

11 section 11, and annually thereafter, the Commission 

12 shall transmit to the President, and publicly post on 

13 a Federal website maintained by the Commission a 

14 report containing the Commission’s findings, conclu15 sions, and recommendations for the consolidation, 

16 exchange, co-location, reconfiguration, lease reduc17 tions, sale, and redevelopment of Federal civilian 

18 real properties and for other operational efficiencies 

19 that can be realized in the Government’s operation 

20 and maintenance of such properties. 

21 (2) RECOMMENDATIONS FOR SALE OR DIS22 POSAL OF PROPERTY.—To the extent the Commis23 sion recommendations include the sale or disposal of 

24 real property, these properties may be reported as 

25 excess, declared surplus, or determined as no longer 


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1 meeting the needs of the Federal Government, ex2 cluding leasebacks or other such exchange agree3 ments where the property continues to be used by 

4 the Federal Government. 

5 (3) CONSENSUS IN MAJORITY.—The Commis6 sion shall seek to develop consensus recommenda7 tions, but if a consensus cannot be obtained, the 

8 Commission may include in its report recommenda9 tions that are supported by a majority of the Com10 mission. 

11 (h) FEDERAL WEBSITE.—The Commission shall es12 tablish and maintain a Federal website for the purposes 

13 of making relevant information publically available. 

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

15 the United States shall transmit to the Congress and to 

16 the Commission a report containing a detailed analysis of 

17 the recommendations and selection process. 

18 SEC. 13. REVIEW BY THE PRESIDENT. 

19 (a) REVIEW OF RECOMMENDATIONS.—Upon receipt 

20 of the Commission’s recommendations, the President shall 

21 conduct a review of such recommendations. 

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

23 later than 30 days after receipt of the Commission’s rec24 ommendations, the President shall transmit to the Com25 mission and Congress a report that sets forth the PresiVerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 dent’s approval or disapproval of the Commission’s rec2 ommendations. 

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

4 (1) approves of the Commission’s recommenda5 tions, the President shall transmit a copy of the rec6 ommendations to Congress, together with a certifi7 cation of such approval; 

8 (2) disapproves of the Commission’s rec9 ommendations, in whole or in part, the President 

10 shall also transmit to the Commission and Congress 

11 the reasons for such disapproval. The Commission 

12 shall then transmit to the President, not later than 

13 30 days following the disapproval, a revised list of 

14 recommendations; 

15 (3) approves all of the revised recommendations 

16 of the Commission, the President shall transmit a 

17 copy of such revised recommendations to Congress, 

18 together with a certification of such approval; or 

19 (4) does not transmit to the Congress an ap20 proval and certification described in paragraphs (1) 

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

22 recommendations or revised recommendations, as 

23 the case may be, the process shall terminate until 

24 the following year. 


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1 SEC. 14. CONGRESSIONAL CONSIDERATION OF THE REC2 OMMENDATIONS. 

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

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

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

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

7 the approved recommendations pursuant to section 13, 

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

9 following the expiration of the 45-day period. 

10 (b) COMPUTATION OF TIME PERIOD.—For the pur11 poses of this section, the days on which either House of 

12 Congress is not in session because of adjournment of more 

13 than three days shall be excluded in the computation of 

14 the period of time. 

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

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

17 resolution— 

18 (1) which does not have a preamble; 

19 (2) the matter after the resolving clause of 

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

21 recommendations of the Civilian Property Realign22 ment Commission as submitted by the President on 

23 lllllllll, and notwithstanding any 

24 other provision of law, the Federal agencies shall im25 plement and carry out all of the Commission’s rec26 ommendations pursuant to section 15 of the Civilian 


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1 Property Realignment Act’’, the blank space being 

2 filled in with the appropriate date; 

3 (3) the title of which is as follows: ‘‘Joint reso4 lution approving the recommendations of the Civilian 

5 Property Realignment Commission’’; and 

6 (4) which is introduced pursuant to subsection 

7 (d). 

8 (d) INTRODUCTION.—After a House of Congress re9 ceives the President’s transmission of approved rec10 ommendations pursuant to section 13, the majority leader 

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

12 if appropriate) a joint resolution described in subsection 

13 (c)— 

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

15 within three legislative days; and 

16 (2) in the case of the Senate, within three ses17 sion days. 

18 (e) CONSIDERATION IN THE HOUSE OF REPRESENT19 ATIVES.— 

20 (1) REFERRAL AND REPORTING.—Any com21 mittee of the House of Representatives to which a 

22 joint resolution is referred shall report it to the 

23 House without amendment not later than the tenth 

24 legislative day after the date of its introduction. If 

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1 in that period, it shall be in order to move that the 

2 House discharge the committee from further consid3 eration of the joint resolution. Such a motion shall 

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

5 in the legislative schedule within three legislative 

6 days after the day on which the proponent an7 nounces his intention to offer the motion. Notice 

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

9 motion shall not be in order after the House has dis10 posed of a motion to discharge a joint resolution. 

11 The previous question shall be considered as ordered 

12 on the motion to its adoption without intervening 

13 motion except twenty minutes of debate equally di14 vided and controlled by the proponent and an oppo15 nent. If such a motion is adopted, the House shall 

16 proceed immediately to consider the joint resolution 

17 in accordance with paragraph (3). A motion to re18 consider the vote by which the motion is disposed of 

19 shall not be in order. 

20 (2) PROCEEDING TO CONSIDERATION.—After 

21 the last committee authorized to consider a joint res22 olution reports it to the House or has been dis23 charged (other than by motion) from its consider24 ation, it shall be in order to move to proceed to con25 sider the joint resolution in the House. Such a moVerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 tion shall be in order only at a time designated by 

2 the Speaker in the legislative schedule within three 

3 legislative days after the day on which the proponent 

4 announces his intention to offer the motion. Notice 

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

6 motion shall not be in order after the House has dis7 posed of a motion to proceed with respect to that 

8 transmittal of recommendations. The previous ques9 tion shall be considered as ordered on the motion to 

10 its adoption without intervening motion. A motion to 

11 reconsider the vote by which the motion is disposed 

12 of shall not be in order. 

13 (3) CONSIDERATION.—The joint resolution 

14 shall be considered as read. All points of order 

15 against a joint resolution and against its consider16 ation are waived. The previous question shall be con17 sidered as ordered on a joint resolution to its pas18 sage without intervening motion except five hours of 

19 debate equally divided and controlled by the pro20 ponent and an opponent and one motion to limit de21 bate on the joint resolution. A motion to reconsider 

22 the vote on passage of the joint resolution shall not 

23 be in order. 

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

25 a concurrent resolution providing for adjournment 


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1 sine die at the end of a Congress, a motion to dis2 charge under paragraph (1) or a motion to proceed 

3 under subparagraph (2) shall be in order as applica4 ble. 

5 (f) CONSIDERATION IN THE SENATE.— 

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

7 or motion to strike a provision from, a joint resolution con8 sidered under this section shall be in order in either the 

9 Senate or the House of Representatives. 

10 (h) CONSIDERATION BY OTHER HOUSE.— 

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

12 House of a joint resolution of that House described 

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

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

15 then the following procedures shall apply: 

16 (A) NO COMMITTEE REFERRAL.—The joint 

17 resolution of the other House shall not be re18 ferred to a committee and may not be consid19 ered in the House receiving it except in the case 

20 of final passage as provided in subparagraph 

21 (B). 

22 (B) JOINT RESOLUTION PROCEDURE.— 

23 With respect to a joint resolution described in 

24 subsection (c) of the House receiving the joint 

25 resolution the procedure in that House shall be 


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1 the same as if no joint resolution had been re2 ceived from the other House, but the vote on 

3 final passage shall be on the joint resolution of 

4 the other House. 

5 (2) NO CONSIDERATION.—Upon disposition of 

6 the joint resolution received from the other House, 

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

8 resolution that originated in the receiving House. 

9 (3) EXCEPTION.—This subsection shall not 

10 apply to the House of Representatives if the joint 

11 resolution received from the Senate is a revenue 

12 measure. 

13 (i) RULES OF THE SENATE AND HOUSE.—This sec14 tion is enacted by Congress— 

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

16 the Senate and House of Representatives, respec17 tively, and as such it is deemed a part of the rules 

18 of each House, respectively, but applicable only with 

19 respect to the procedure to be followed in that 

20 House in the case of a joint resolution described in 

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

22 extent that it is inconsistent with such rules; and 

23 (2) with full recognition of the constitutional 

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

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


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

2 the case of any other rule of that House. 

3 SEC. 15. IMPLEMENTATION OF COMMISSION REC4 OMMENDATIONS. 

5 (a) CARRYING OUT RECOMMENDATIONS.—Upon the 

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

7 Federal agencies shall immediately begin preparation to 

8 carry out the Commission’s recommendations and shall 

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

10 on which the President transmits the recommendations to 

11 Congress. Federal agencies shall complete all rec12 ommended actions no later than the end of the 6-year pe13 riod beginning on the date on which the President trans14 mits the Commission’s recommendations to Congress. All 

15 actions shall be economically beneficial and be cost neutral 

16 or otherwise favorable to the Government. For actions 

17 that will take longer than the 6-year period due to extenu18 ating circumstances, each Federal agency shall notify the 

19 President and Congress as soon as the extenuating cir20 cumstance presents itself with an estimated time to com21 plete the relevant action. 

22 (b) ACTIONS OF FEDERAL AGENCIES.—In taking ac23 tions related to any Federal building or facility under this 

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

25 take all such necessary and proper actions, including— 


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1 (1) acquiring land, constructing replacement fa2 cilities, performing such other activities, and con3 ducting advance planning and design as may be re4 quired to transfer functions from a Federal asset or 

5 property to another Federal civilian property; and 

6 (2) reimbursing other Federal agencies for ac7 tions performed at the request of the Commission. 

8 (c) NECESSARY AND PROPER ACTIONS.—When act9 ing on a recommendation of the Commission, a Federal 

10 agency shall continue to act within their existing legal au11 thorities, whether such authority has been delegated by 

12 the Administrator, or must work in partnership with the 

13 Administrator to carry out such actions. The Adminis14 trator may take such necessary and proper actions, includ15 ing the sale, conveyance, or exchange of civilian real prop16 erty, as required to implement the Commission rec17 ommendations in the time period required under sub18 section (a). 

19 (d) DISCRETION OF ADMINISTRATOR REGARDING

20 TRANSACTIONS.—For any transaction identified, rec21 ommended, or commenced as a result of this Act, any oth22 erwise required legal priority given to, or requirement to 

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

24 property for less than fair market value, for no consider25 ation at all, or in a transaction that mandates the excluVerDate Mar 15 2010 01:31 Feb 10, 2012 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 sion of other market participants, shall be at the discretion 

2 of the Administrator. 

3 (e) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

4 REVIEW.—Upon the enactment of a joint resolution de5 scribed in section 14(c) and for not more than 90 days 

6 after such enactment, the Secretary of Housing and 

7 Urban Development shall apply section 501 of the McKin8 ney-Vento Homeless Assistance Act (42 U.S.C. 11411) to 

9 the extent practicable, to any buildings identified for dis10 posal in the approved recommendations that are not more 

11 than 25,000 square feet or valued at less than $5,000,000. 

12 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

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

14 appropriation to carry out this Act in the following 

15 amounts: 

16 (1) $20,000,000 for salaries and expenses of 

17 the Commission. 

18 (2) $62,000,000 to be deposited into the Asset 

19 Proceeds and Space Management Fund for activities 

20 related to the implementation of the Commission 

21 recommendations. 

22 (b) FEDERAL BUILDINGS FUND.—There is author23 ized to be appropriated from the Federal Buildings Fund 

24 established under section 592 of title 40, United States 


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1 Code, for construction and acquisition activities $0 for fis2 cal year 2012. 

3 SEC. 17. FUNDING. 

4 (a) CREATION OF SALARIES AND EXPENSES AC5 COUNT.— 

6 (1) ESTABLISHMENT OF ACCOUNT.—There is 

7 hereby established on the books of the Treasury an 

8 account to be known as the ‘‘Civilian Property Re9 alignment Commission—Salaries and Expenses’’ ac10 count. 

11 (2) NECESSARY PAYMENTS.—There shall be de12 posited into the account such amounts, as are pro13 vided in appropriations Acts, for those necessary 

14 payments for salaries and expenses to accomplish 

15 the administrative needs of the Commission. 

16 (b) CREATION OF ASSET PROCEEDS AND SPACE

17 MANAGEMENT FUND.—There is hereby established within 

18 the Federal Buildings Fund established under section 592 

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

20 as the ‘‘Civilian Property Realignment Commission— 

21 Asset Proceeds and Space Management Fund’’ which shall 

22 be used solely for the purposes of carrying out actions pur23 suant to the Commission recommendations approved 

24 under section 14. Notwithstanding section 3307 of title 

25 40, United States Code, the following amounts shall be 


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1 deposited into the account and made available for obliga2 tion or expenditure only as provided in advance in appro3 priations Acts for the purposes specified: 

4 (1) Such amounts as are provided in appropria5 tions Acts, to remain available until expended, for 

6 the consolidation, co-location, exchange, redevelop7 ment, re-configuration of space, disposal, and other 

8 actions recommended by the Commission for Federal 

9 agencies. 

10 (2) Amounts received from the sale of any civil11 ian real property action taken pursuant to a rec12 ommendation of the Commission under section 15. 

13 As provided in appropriations Acts, such proceeds 

14 may be made available to cover necessary costs asso15 ciated with implementing the recommendations pur16 suant to section 15, including costs associated 

17 with— 

18 (A) sales transactions; 

19 (B) acquiring land, construction, con20 structing replacement facilities, conducting ad21 vance planning and design as may be required 

22 to transfer functions from a Federal asset or 

23 property to another Federal civilian property; 

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

25 and reconfiguration of space; and 


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1 (D) other actions recommended by the 

2 Commission for Federal agencies. 

3 (c) ADDITIONAL REQUIREMENT FOR BUDGET CON4 TENTS.—The President’s budget submitted pursuant to 

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

6 an estimate of proceeds that are the result of the Commis7 sion’s recommendations and the obligations and expendi8 tures needed to support such recommendations. 

9 SEC. 18. DISPOSAL OF REAL PROPERTIES. 

10 (a) ENVIRONMENTAL CONSIDERATIONS.— 

11 (1) APPLICABILITY OF OTHER LAW.—Public 

12 Law 91–190, as amended, shall not apply to activi13 ties under section 11 of this Act. 

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

15 review, with respect to any requirement of Public 

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

17 law is applicable to the actions under section 15 of 

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

19 agency during the closing, realigning, or relocating 

20 of functions under this Act, may not be brought 

21 more than 60 days after the date of such act or fail22 ure to act. 

23 (3) TRANSFER OF REAL PROPERTY.— 

24 (A) IN GENERAL.—When implementing the 

25 recommended actions pursuant to section 15 for 


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1 properties that have been identified in the Com2 mission’s recommendations and in compliance 

3 with the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 

5 1980 (42 U.S.C. 9601 et seq.), including sec6 tion 120(h) thereof (42 U.S.C. 9620(h)), Fed7 eral agencies may enter into an agreement to 

8 transfer by deed real property with any person. 

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

10 disposing agency may require any additional 

11 terms and conditions in connection with an 

12 agreement authorized by subparagraph (A) as 

13 the head of the disposing agency considers ap14 propriate to protect the interests of the United 

15 States. Such additional terms and conditions 

16 shall not affect or diminish any rights or obliga17 tions of the federal agencies under CERCLA 

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

19 the requirements CERCLA section 

20 120(h)(3)(A) and CERCLA section 

21 120(h)(3)(C)(iv)). 

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

23 agreement pursuant to this Act, the agency shall 

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1 eral agency regarding the environmental restoration, 

2 waste management, and environmental compliance 

3 activities described in this Act that relate to the 

4 property or facilities. The agency shall provide such 

5 information before entering into the agreement. 

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

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

8 the Comprehensive Environmental Response, Compensa9 tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

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

11 SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED 

12 PROJECTS. 

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

14 amended— 

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

16 (6); 

17 (2) by striking the period at the end of para18 graph (7) and inserting ‘‘; and’’; and 

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

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

21 consistent with section 11(b) of the Civilian Prop22 erty Realignment Act.’’. 


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1 SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

2 (a) LIMITATION ON CERTAIN LEASING AUTHORI3 TIES.—Chapter 33 of title 40, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘§ 3317. Limitation on leasing authority of other 

6 agencies 

7 ‘‘(a) IN GENERAL.—Notwithstanding any other pro8 vision of law, no executive agency may lease space for the 

9 purposes of a public building as defined under section 

10 3301, except as provided under section 585, and the provi11 sions in this chapter. 

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

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

14 space. 

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

16 apply to— 

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

18 national security by the President; and 

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

20 Affairs. 

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

22 be construed as creating new authority for executive agen23 cies to enter into leases or limit the authority of the Ad24 ministration under section 3314.’’. 


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1 (b) SMALL BUSINESSES.—When using commercial 

2 leasing services, the Administrator shall adhere to the re3 quirements of the Small Business Act (15 U.S.C. et seq.). 

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

5 chapter is amended by adding at the end: 

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

6 SEC. 21. IMPLEMENTATION REVIEW BY GAO. 

7 Upon transmittal of the Commission’s recommenda8 tions from the President to the Congress under section 

9 13, the Comptroller General of the United States at least 

10 annually shall monitor, review the implementation activi11 ties of Federal agencies pursuant to section 15, and report 

12 to Congress any findings and recommendations. 

13 SEC. 22. SENSE OF CONGRESS AND REPORTS. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) the Civilian Property Realignment Commis17 sion, should take steps to provide assistance to 

18 small, minority, and woman-owned businesses seek19 ing to be awarded contracts to redevelop federal 

20 property; 

21 (2) the Civilian Property Realignment Commis22 sion and other appropriate Federal officials should 

23 conduct a public information campaign to advise 

24 small, minority, and women-owned business firms 


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1 with respect to contracts for the sale or redevelop2 ment of Federal property; and 

3 (3) firms that are awarded contracts pertaining 

4 to the redevelopment of Federal property should, to 

5 the maximum extent practicable, seek to award sub6 contracts for such contracts to small, minority, and 

7 women-owned business firms. 

8 (b) PROGRESS REPORTS.—Every 6 months, the Civil9 ian Property Realignment Commission shall submit to the 

10 appropriate committees of Congress and the President, a 

11 report regarding contracting. Each such report shall indi12 cate, as of the date of the submission of such report, the 

13 size of all business firms awarded contracts by the Com14 mission and the size of all business firms awarded sub15 contracts under such contracts. 

16 SEC. 23. CONSIDERATION OF LIFE-CYCLE COST REQUIRED. 

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

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(d) CONSIDERATION OF LIFE-CYCLE COST RE21 QUIRED.— 

22 ‘‘(1) REQUIREMENT.—The Administrator shall 

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

24 considered in the construction or lease of a public 

25 building described in paragraph (2). 


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1 ‘‘(2) FEDERAL BUILDINGS SUBJECT TO RE2 QUIREMENT.—A public building is subject to the re3 quirement under paragraph (1) if— 

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

5 begins after the date of the enactment of the 

6 Civilian Property Realignment Act; 

7 ‘‘(B) the estimated construction costs of 

8 the building exceed $1,000,000; 

9 ‘‘(C) in the case of a lease, the square foot10 age of the property is more than 25,000 square 

11 feet; and 

12 ‘‘(D) Federal funding comprises more than 

13 50 percent of the funding for the estimated 

14 construction or lease costs of the building. 

15 ‘‘(3) DEFINITIONS.—In this subsection, the fol16 lowing definitions apply: 

17 ‘‘(A) LIFE-CYCLE COST.—The term ‘life18 cycle cost’ means the sum of the following 

19 costs, as estimated for the lifetime of a build20 ing: 

21 ‘‘(i) Investment costs. 

22 ‘‘(ii) Capital costs. 

23 ‘‘(iii) Installation costs. 

24 ‘‘(iv) Energy costs. 

25 ‘‘(v) Operating costs. 


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1 ‘‘(vi) Maintenance costs. 

2 ‘‘(vii) Replacement costs. 

3 ‘‘(B) LIFETIME OF A BUILDING.—The 

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

5 to a building, the greater of— 

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

7 the building is projected to be utilized; or 

8 ‘‘(ii) 50 years.’’. 

9 SEC. 24. LONG-TERM SAVINGS THROUGH LIFE-CYCLE COST 

10 ANALYSIS. 

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

12 amended by section 19, is further amended— 

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

14 end; 

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

16 the end and inserting ‘‘; and’’; and 

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

18 ‘‘(9) with respect to any prospectus for the con19 struction, alteration, or acquisition of any building 

20 or space to be leased, a statement by the Adminis21 trator describing the use of life-cycle cost analysis 

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1 tion costs identified by such analysis that are offset 

2 by lower long-term costs.’’. 

Passed the House of Representatives February 7, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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