IB 

Union Calendar No. 262 

112TH CONGRESS 

2D SESSION H. R. 1734 

[Report No. 112–384, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2011 

Mr. DENHAM introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Oversight and Government Reform and Rules, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

FEBRUARY 1, 2012 

Additional sponsors: Mr. HUELSKAMP, Mr. CRAWFORD, Mr. KELLY, Mr. 

MCHENRY, Mr. MULVANEY, Mr. BUCSHON, Mr. REED, Mr. SHUSTER, 

Mr. STUTZMAN, Mr. NUGENT, Mr. HANNA, Mr. DUNCAN of Tennessee, 

Mr. BOREN, Mr. COSTA, Mr. GIBBS, Mr. HULTGREN, Mr. BARLETTA, 

Mr. GUINTA, Mr. LANDRY, Mr. MEEHAN, Mrs. CAPITO, Mr. 

SCHWEIKERT, Mr. LONG, Mr. GARY G. MILLER of California, Mr. JOHNSON of Ohio, Mrs. MYRICK, Mr. FINCHER, Mr. DUNCAN of South Carolina, Mr. WESTMORELAND, Mr. WOMACK, and Mr. HERGER


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FEBRUARY 1, 2012 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

FEBRUARY 1, 2012 

The Committees on Oversight and Government Reform and Rules discharged; 

committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on May 4, 2011] 

A BILL 

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. 


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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’’ or ‘‘CPRA’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to consolidate the footprint of Federal build9 ings and facilities; 

10 (2) to maximize the utilization rate of Federal 

11 buildings and facilities; 

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

13 (4) to sell or redevelop high value assets that are 

14 underutilized to obtain the highest and best value for 

15 the taxpayer and maximize the return to the tax16 payer; 

17 (5) to reduce the operating and maintenance 

18 costs of Federal civilian real properties through the 

19 realignment of real properties by consolidating, co-lo20 cating, and reconfiguring space, and other oper21 ational efficiencies; 

22 (6) to reduce redundancy, overlap, and costs as23 sociated with field offices; 


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1 (7) to create incentives for Federal agencies to 

2 achieve greater efficiency in their inventories of civil3 ian real property; 

4 (8) to facilitate and expedite the sale or disposal 

5 of unneeded civilian properties; and 

6 (9) to assist Federal agencies in achieving the 

7 Government’s sustainability goals by reducing excess 

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

9 by leveraging new technologies. 

10 SEC. 3. DEFINITIONS. 

11 In this Act, unless otherwise expressly stated, the fol12 lowing definitions apply: 

13 (1) FEDERAL CIVILIAN REAL PROPERTY AND CI14 VILIAN REAL PROPERTY.— 

15 (A) PROPERTY.—The terms ‘‘Federal civil16 ian real property’’ and ‘‘civilian real property’’ 

17 refer to Federal real property assets, including 

18 public buildings as defined in section 3301 of 

19 title 40, United States Code, occupied and im20 proved grounds, leased space, or other physical 

21 structures under the custody and control of any 

22 Federal agency. 

23 (B) FURTHER EXCLUSIONS.—Subparagraph 

24 (A) shall not be construed as including any of 

25 the following types of property: 


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

2 center, homeport facility for any ship, or 

3 any activity under the jurisdiction of the 

4 Department of Defense or Coast Guard. 

5 (ii) Properties that are excluded for 

6 reasons of national security by the Director 

7 of the Office of Management and Budget. 

8 (iii) Properties that are excepted from 

9 the definition of ‘‘property’’ under section 

10 102(9) of title 40, United States Code. 

11 (iv) Indian and Native Eskimo prop12 erties including— 

13 (I) any property within the limits 

14 of any Indian reservation to which the 

15 United States owns title for the benefit 

16 of an Indian tribe; and 

17 (II) any property title which is 

18 held in trust by the United States for 

19 the benefit of any Indian tribe or indi20 vidual or held by an Indian tribe or 

21 individual subject to restriction by the 

22 United States against alienation. 

23 (v) Properties operated and main24 tained by the Tennessee Valley Authority 


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1 pursuant to the Tennessee Valley Authority 

2 Act of 1933 (16 U.S.C. 831, et seq.). 

3 (vi) Postal properties owned by the 

4 United States Postal Service, except that the 

5 United State Postal Service shall submit to 

6 the Commission and the Commission shall 

7 consider, pursuant to section 11, postal 

8 properties suitable for co-location with other 

9 Federal agency field offices. 

10 (vii) Properties used in connection 

11 with Federal programs for agricultural, rec12 reational, and conservation purposes, in13 cluding research in connection with the pro14 grams. 

15 (viii) Properties used in connection 

16 with river, harbor, flood control, reclama17 tion, or power projects. 

18 (2) FEDERAL AGENCY.—The term ‘‘Federal agen19 cy’’ means an executive department or independent 

20 establishment in the executive branch of the Govern21 ment, and a wholly owned Government corporation. 

22 (3) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of General Services. 


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

2 means the Civilian Property Realignment Commis3 sion. 

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

5 Management and Budget. 

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

7 means any Federal office that is not the Headquarters 

8 office location for the Federal agency. 

9 SEC. 4. COMMISSION. 

10 (a) ESTABLISHMENT.—There is established an inde11 pendent commission to be known as the Civilian Property 

12 Realignment Commission, referred to in this Act as the 

13 ‘‘Commission’’. 

14 (b) DUTIES.—The Commission shall carry out the du15 ties as specified in this Act. 

16 (c) MEMBERSHIP.— 

17 (1) IN GENERAL.—The Commission shall be com18 posed of a chairman appointed by the President, by 

19 and with the advice and consent of the Senate, and 

20 8 members appointed by the President. 

21 (2) APPOINTMENTS.—In selecting individuals for 

22 appointments to the Commission, the President shall 

23 consult with— 

24 (A) the Speaker of the House of Representa25 tives concerning the appointment of 2 members; 


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1 (B) the majority leader of the Senate con2 cerning the appointment of 2 members; 

3 (C) the minority leader of the House of 

4 Representatives concerning the appointment of 1 

5 member; and 

6 (D) the minority leader of the Senate con7 cerning the appointment of 1 member. 

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

9 Commission shall be 6 years. 

10 (4) VACANCIES.—Vacancies shall be filled in the 

11 same manner as the original appointment. 

12 (5) QUALIFICATIONS.—In selecting individuals 

13 for appointment to the Commission, the President 

14 shall ensure the Commission contains individuals 

15 with expertise representative of the following: 

16 (A) Commercial real estate and redevelop17 ment. 

18 (B) Government management or operations. 

19 (C) Community development, including 

20 transportation and planning. 

21 (D) Historic preservation. 

22 SEC. 5. COMMISSION MEETINGS. 

23 (a) OPEN MEETINGS.—Each meeting of the Commis24 sion, other than meetings in which classified information 

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


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1 meeting shall be announced in the Federal Register and the 

2 Federal website established by the Commission at least 14 

3 calendar days in advance of a meeting. For all public meet4 ings, the Commission shall release an agenda and a listing 

5 of materials relevant to the topics to be discussed. 

6 (b) QUORUM AND MEETINGS.—Seven Commission 

7 members shall constitute a quorum for the purposes of con8 ducting business and 3 or more Commission members shall 

9 constitute a meeting of the Commission. 

10 (c) TRANSPARENCY OF INFORMATION.—All the pro11 ceedings, information, and deliberations of the Commission 

12 shall be open, upon request, to the chairperson and the 

13 ranking minority party member, and their respective sub14 committee chairperson and ranking minority party mem15 ber, of— 

16 (1) the Committee on Transportation and Infra17 structure of the House of Representatives; 

18 (2) the Committee on Oversight and Government 

19 Reform of the House of Representatives; 

20 (3) the Committee on Homeland Security and 

21 Governmental Affairs of the Senate; 

22 (4) the Committee on Environmental and Public 

23 Works of the Senate; and 

24 (5) the committees on Appropriations of the 

25 House of Representatives and the Senate. 


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1 (d) GOVERNMENT ACCOUNTABILITY OFFICE.—All pro2 ceedings, information, and deliberations of the Commission 

3 shall be open, upon request, to the Comptroller General of 

4 the United States. 

5 SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 

6 (a) COMPENSATION.— 

7 (1) RATE OF PAY FOR MEMBERS.—Each member, 

8 other than the Chairperson, shall be paid at a rate 

9 equal to the daily equivalent of the minimum annual 

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

11 Schedule under section 5315 of title 5, United States 

12 Code, for each day (including travel time) during 

13 which the member is engaged in the actual perform14 ance of duties vested in the Commission. 

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

16 chairperson shall be paid for each day referred to in 

17 paragraph (1) at a rate equal to the daily equivalent 

18 of the minimum annual rate of basic pay payable for 

19 level III of the Executive Schedule under section 5314, 

20 of title 5, United States Code. 

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

22 including per diem in lieu of subsistence, in accordance 

23 with sections 5702 and 5703 of title 5, United States Code. 


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1 SEC. 7. EXECUTIVE DIRECTOR. 

2 (a) APPOINTMENT.—The Commission shall appoint an 

3 Executive Director and may disregard the provisions of title 

4 5, United States Code, governing appointments in the com5 petitive service. 

6 (b) RATE OF PAY FOR DIRECTOR.—The Executive Di7 rector shall be paid at the rate of basic pay payable for 

8 level IV of the Executive Schedule under section 5315 of title 

9 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 may procure by contract, to the extent funds are available, 


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1 the temporary or intermittent services of experts and con2 sultants pursuant to section 3109 of title 5, United States 

3 Code. 

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. If no such space is available, the Commission 

8 may, notwithstanding section 20, lease space to the extent 

9 funds are available. 

10 (c) PERSONAL PROPERTY.—The Commission may ac11 quire personal property to the extent funds are available. 

12 (d) RECEIPT AND SALE OF PROPERTY.—The Commis13 sion may take custody, control, and administrative juris14 diction over Federal property pursuant to section 12(b) and 

15 is authorized to sell such property for no less than fair mar16 ket value. 

17 (e) USE OF SMALL BUSINESSES.—In exercising its au18 thorities under this section and section 12, the Commission 

19 shall use, to the greatest extent practicable, small businesses 

20 as defined by section 3 of the Small Business Act (15 U.S.C. 

21 632). 

22 SEC. 10. TERMINATION. 

23 The Commission shall cease operations and terminate 

24 6 years from the date of enactment of this Act. 


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1 SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE 

2 COMMISSION. 

3 (a) SUBMISSIONS OF AGENCY INFORMATION AND REC4 OMMENDATIONS.—Not later than 120 days after the date 

5 of enactment of this Act and 120 days after the beginning 

6 of each fiscal year thereafter, the head of each Federal agen7 cy shall submit to the Administrator and the Director of 

8 the Office of Management and Budget the following: 

9 (1) CURRENT DATA.—Current data of all Fed10 eral civilian real properties owned, leased or con11 trolled by the respective agency, including all relevant 

12 information prescribed by the Administrator and the 

13 Director of the Office of Management and Budget, in14 cluding data related to the age and condition of the 

15 property, operating costs, history of capital expendi16 tures, sustainability metrics, number of Federal em17 ployees and functions housed in the respective prop18 erty, square footage (including gross, rentable, and us19 able). 

20 (2) AGENCY RECOMMENDATIONS.—Recommenda21 tions which shall include the following: 

22 (A) Federal civilian properties that can be 

23 sold for proceeds and otherwise disposed of, 

24 transferred, exchanged, consolidated, co-located, 

25 reconfigured, or redeveloped, so as to reduce the 

26 civilian real property inventory, reduce the operVerDate Mar 15 2010 23:27 Feb 01, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1734.RH H1734

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1 ating costs of the Government, and create the 

2 highest value and return for the taxpayer. 

3 (B) Operational efficiencies that the Gov4 ernment can realize in its operation and mainte5 nance 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 stand14 ards and criteria. In developing the standards and criteria, 

15 the Director of OMB, in consultation with the Adminis16 trator, shall incorporate the following: 

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

18 facility could be sold, redeveloped, or otherwise used 

19 to produce the highest and best value and return for 

20 the taxpayer. 

21 (2) The extent to which the operating and main22 tenance costs are reduced through consolidating, co-lo23 cating, and reconfiguring space, and through real24 izing 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 and 

6 savings, including the number of years, beginning 

7 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 fa12 cility aligns with the current mission of the Federal 

13 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.—Stand23 ards developed by the Director of OMB must incorporate 

24 and apply clear standard utilization rates consistent 

25 throughout each category of space and with nongovernment 


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1 space utilization rates. To the extent utilization rates are 

2 exceeded by a given agency, the Director shall recommend 

3 realignment, co-location, consolidation, or other type of ac4 tion to improve space utilization. 

5 (d) SUBMISSION TO THE COMMISSION.— 

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

7 recommendations developed pursuant to subsection (b) 

8 shall be submitted to the Commission with all sup9 porting information, data, analyses, and documenta10 tion. 

11 (2) PUBLICATION.—The standards, criteria, and 

12 recommendations shall be published in the Federal 

13 Register and transmitted to the committees designated 

14 in section 5(c) and to the Comptroller General of the 

15 United States. 

16 (3) ACCESS TO INFORMATION.—The Commission 

17 shall also have access to all information pertaining to 

18 the recommendations, including supporting informa19 tion, data, analyses, and documentation submitted 

20 pursuant to subsection (a). Upon request, Federal 

21 agencies shall provide, the Commission any addi22 tional information pertaining to its properties. 

23 SEC. 12. COMMISSION DUTIES. 

24 (a) IDENTIFICATION OF PROPERTY REDUCTION OP25 PORTUNITIES.—The Commission shall identify opportuniVerDate Mar 15 2010 23:27 Feb 01, 2012 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H1734.RH H1734

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1 ties for the Government to reduce significantly its inventory 

2 of civilian real property and reduce costs to the Govern3 ment. 

4 (b) IDENTIFICATION OF HIGH VALUE ASSETS.— 

5 (1) IDENTIFICATION OF CERTAIN PROPERTIES.— 

6 Not later than 180 days after Commission members 

7 are appointed pursuant to section 4, the Commission 

8 shall identify not less than 5 Federal properties that 

9 are not on the list of surplus or excess as of such date 

10 with a total fair market value of not less than 

11 $500,000,000 to be sold and transmit the list to the 

12 President and Congress as Commission recommenda13 tions and subject to the approval process described in 

14 sections 13 and 14. 

15 (2) LEASEBACK RESTRICTIONS.—None of the ex16 isting improvements on properties sold under this 

17 subsection may be leased back to the Federal Govern18 ment. 

19 (3) INFORMATION AND DATA.—In order to meet 

20 the goal established under paragraph (1), Federal 

21 agencies shall provide, upon receipt, any and all in22 formation and data regarding its properties to the 

23 Commission. The Commission shall notify the com24 mittees listed under section 5(c) of any failure by any 

25 agency to comply with a request of the Commission. 


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1 (4) TRANSFER.—Not later than 60 days after 

2 approval of the Commission recommendations pursu3 ant to paragraph (1), Federal agencies with custody, 

4 control, or administrative jurisdiction over the identi5 fied properties shall transfer custody, control, and ad6 ministrative jurisdiction to the Commission. 

7 (5) SALE.—Not later than 120 days after ap8 proval of Commission recommendations pursuant to 

9 paragraph (1) and notwithstanding any other provi10 sion of law (except as provided in section 18), the 

11 Commission shall sell the properties described in 

12 paragraph (1) at fair market value at highest and 

13 best use. 

14 (6) PROCEEDS.—The proceeds shall be distrib15 uted in accordance with section 17. 

16 (c) ANALYSIS OF INVENTORY.—The Commission shall 

17 perform an independent analysis of the inventory of Fed18 eral civilian real property and the recommendations sub19 mitted pursuant to section 11. The Commission shall not 

20 be bound or limited by the recommendations submitted pur21 suant to section 11. If, in the opinion of the Commission, 

22 an agency fails to provide needed information, data or ade23 quate recommendations that meet the standards and cri24 teria, the Commission shall develop such recommendations 

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1 tained in the Federal Real Property Profile or other rel2 evant information. 

3 (d) RECEIPT OF INFORMATION AND PROPOSALS.—Not4 withstanding any other provision of law, the Commission 

5 may receive and consider proposals, information, and other 

6 data submitted by State and local officials and the private 

7 sector. Such information shall be made publically available. 

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

9 after the date of enactment of this Act, the Commission shall 

10 identify or develop and implement a system of accounting 

11 to be used to independently evaluate the costs of and returns 

12 on the recommendations. Such accounting system shall be 

13 applied in developing the Commission’s recommendations 

14 and determining the highest return to the taxpayer. In ap15 plying the accounting system, the Commission shall set a 

16 standard performance period. 

17 (f) PUBLIC HEARING.—The Commission shall conduct 

18 public hearings. All testimony before the Commission at a 

19 public hearing under this paragraph shall be presented 

20 under oath. 

21 (g) REPORTING OF INFORMATION AND RECOMMENDA22 TIONS.— 

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

24 the receipt of recommendations pursuant to section 

25 11, and biannually thereafter, the Commission shall, 


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1 at a minimum, transmit to the President, and pub2 licly post on a Federal website maintained by the 

3 Commission a report containing the Commission’s 

4 findings, conclusions, and recommendations for the 

5 consolidation, exchange, co-location, reconfiguration, 

6 lease reductions, sale, and redevelopment of Federal 

7 civilian real properties and for other operational effi8 ciencies that can be realized in the Government’s op9 eration and maintenance of such properties. 

10 (2) CONSENSUS IN MAJORITY.—The Commission 

11 shall seek to develop consensus recommendations, but 

12 if a consensus cannot be obtained, the Commission 

13 may include in its report recommendations that are 

14 supported by a majority of the Commission. 

15 (h) FEDERAL WEBSITE.—The Commission shall estab16 lish and maintain a Federal website for the purposes of 

17 making relevant information publically available. 

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

19 United States shall transmit to the Congress and to the 

20 Commission a report containing a detailed analysis of the 

21 recommendations and selection process. 

22 SEC. 13. REVIEW BY THE PRESIDENT. 

23 (a) REVIEW OF RECOMMENDATIONS.—Upon receipt of 

24 the Commission’s recommendations, the President shall con25 duct a review of such recommendations. 


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

2 later than 30 days after receipt of the Commission’s rec3 ommendations, the President shall transmit to the Commis4 sion and Congress a report that sets forth the President’s 

5 approval or disapproval of the Commission’s recommenda6 tions. 

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

8 (1) approves of the Commission’s recommenda9 tions, the President shall transmit a copy of the rec10 ommendations to Congress, together with a certifi11 cation of such approval; 

12 (2) disapproves of the Commission’s rec13 ommendations, in whole or in part, the President 

14 shall also transmit to the Commission and Congress 

15 the reasons for such disapproval. The Commission 

16 shall then transmit to the President, not later than 30 

17 days following the disapproval, a revised list of rec18 ommendations; 

19 (3) approves all of the revised recommendations 

20 of the Commission, the President shall transmit a 

21 copy of such revised recommendations to Congress, to22 gether with a certification of such approval; or 

23 (4) does not transmit to the Congress an ap24 proval and certification described in paragraphs (1) 

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


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1 recommendations or revised recommendations, as the 

2 case may be, the process shall terminate until the fol3 lowing year. 

4 SEC. 14. CONGRESSIONAL CONSIDERATION OF THE REC5 OMMENDATIONS. 

6 (a) RESOLUTION OF DISAPPROVAL.—Not later than 45 

7 days after the date of the President’s transmission to Con8 gress of the approved recommendations pursuant to section 

9 13, Congress may enact a joint resolution as described in 

10 subsection (c) to disapprove the Commission recommenda11 tions. 

12 (b) COMPUTATION OF TIME PERIOD.—For the pur13 poses of this section, the days on which either House of Con14 gress is not in session because of adjournment of more than 

15 three days to a day certain shall be excluded in the com16 putation of the period of time. 

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

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

19 resolution which is introduced within the 10-day period be20 ginning on the date on which the President transmits the 

21 recommendations to Congress under section 13, and— 

22 (1) which does not have a preamble; 

23 (2) the matter after the resolving clause of which 

24 is as follows: ‘‘That Congress disapproves the rec25 ommendations of the Civilian Property Realignment 


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1 Commission as submitted by the President on 

2 lllllllll’’, the blank space being filled 

3 in with the appropriate date; and 

4 (3) the title of which is as follows: ‘‘Joint resolu5 tion disapproving the recommendations of the Civil6 ian Property Realignment Commission’’. 

7 (d) REFERRAL.—A resolution described in subsection 

8 (c) that is introduced in the House of Representatives shall 

9 be referred to the Committee on Transportation and Infra10 structure in the House of Representatives. A resolution de11 scribed in subsection (c) introduced in the Senate shall be 

12 referred to the Committee on the Environment and Public 

13 Works in the Senate. 

14 (e) DISCHARGE.—If the committee to which a resolu15 tion described in subsection (c) is referred has not reported 

16 such a resolution (or an identical resolution) by the end 

17 of the 20-day period beginning on the date on which the 

18 President transmits the report to the Congress under section 

19 13, such committee shall be, at the end of such period, dis20 charged from further consideration of such resolution, and 

21 such resolution shall be placed on the appropriate calendar 

22 of the House involved. 

23 (f) CONSIDERATION.— 

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

25 after the date on which the committee to which such 


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1 resolution is referred has reported, or has been dis2 charged (under subsection (e)) from further consider3 ation of, such a resolution, it is in order (even though 

4 a previous motion to the same effect has been dis5 agreed to) for any Member of the respective House to 

6 move to proceed to the consideration of the resolution. 

7 A member may make the motion only on the date 

8 after the calendar day on which the Member an9 nounces to the House concerned the Member’s inten10 tion to make the motion, except that, in the case of 

11 the House of Representatives, the motion may be 

12 made without such prior announcement if the motion 

13 is made by direction of the committee to which the 

14 resolution was referred. The motion is highly privi15 leged in the House of Representatives and is privi16 leged in the Senate and is not debatable. The motion 

17 is not subject to amendment, or to a motion to post18 pone, or to a motion to proceed to the consideration 

19 of other business. A motion to reconsider the vote by 

20 which the motion is agreed to or disagreed to shall 

21 not be in order. If a motion to proceed to consider22 ation of the joint resolution is agreed to, the respective 

23 House shall immediately proceed to the consideration 

24 of the joint resolution without intervening motion, 

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1 main the unfinished business of the respective House 

2 until disposed of. 

3 (2) DEBATE.—Debate on the resolution and on 

4 all debatable motions and appeals in connection 

5 therewith, shall be limited to not more than 2 hours, 

6 which shall be divided equally between those favoring 

7 and those opposing the resolution. An amendment to 

8 the resolution is not in order. A motion further to 

9 limit debate is in order and not debatable. A motion 

10 to postpone, or a motion to proceed to the consider11 ation of other business, or a motion to recommit the 

12 resolution is not in order. A motion to reconsider the 

13 vote by which the resolution is agreed to or disagreed 

14 is not in order. 

15 (3) VOTE.—Immediately following the conclusion 

16 of the debate on a resolution described in subsection 

17 (c) and a single quorum call at the conclusion of the 

18 debate if requested in accordance with the rules of the 

19 appropriate House, the vote on final passage of the 

20 resolution shall occur. 

21 (4) APPEALS OF DECISIONS OF THE CHAIR.—Ap22 peals of the decisions of the Chair relating to the ap23 plication of the rules of the Senate or the House of 

24 Representatives, as the case may be, to the procedure 


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1 relating to a resolution described in subsection (c) 

2 shall be decided without debate. 

3 (g) CONSIDERATION BY OTHER HOUSE.— 

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

5 House of a resolution of that House described in sub6 section (c), that House received from the other House 

7 a resolution described in subsection (c), then the fol8 lowing procedures shall apply: 

9 (A) NO COMMITTEE REFERRAL.—The reso10 lution of the other House shall not be referred to 

11 a committee and may not be considered in the 

12 House receiving it except in the case of final pas13 sage as provided in subparagraph (B). 

14 (B) RESOLUTION PROCEDURE.—With re15 spect to a resolution described in subsection (c) 

16 of the House receiving the resolution the proce17 dure in that House shall be the same as if no 

18 resolution had been received from the other 

19 House, but the vote on final passage shall be on 

20 the resolution of the other House. 

21 (2) NO CONSIDERATION.—Upon disposition of 

22 the resolution received from the other House, it shall 

23 no longer be in order to consider the resolution that 

24 originated in the receiving House. 


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

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

4 Senate and House of Representatives, respectively, 

5 and as such it is deemed a part of the rules of each 

6 House, respectively, but applicable only with respect 

7 to the procedure to be followed in that House in the 

8 case of a resolution described in this section, and it 

9 supersedes other rules only to the extent that it is in10 consistent with such rules; and 

11 (2) with full recognition of the constitutional 

12 right of either House to change the rules (so far as re13 lating to the procedure of that House) at any time, 

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

15 case of any other rule of that House. 

16 (i) FAILURE TO PASS RESOLUTION OF DIS17 APPROVAL.—If Congress fails to pass such a joint resolution 

18 within 45 calendar days after the date of the President’s 

19 transmission to Congress of the Commission’s recommenda20 tions, the recommendations immediately gain legal force 

21 and shall be in effect and Federal agencies shall implement 

22 and carry out all of the Commission’s recommendations 

23 pursuant to section 15. 


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1 SEC. 15. IMPLEMENTATION OF COMMISSION RECOMMENDA2 TIONS. 

3 (a) CARRYING OUT RECOMMENDATIONS.—Upon the 

4 date specified in section 14(i), Federal agencies shall imme5 diately begin preparation to carry out the Commission’s 

6 recommendations and shall initiate all activities no later 

7 than 2 years after the date on which the President transmits 

8 the recommendations to Congress. Federal agencies shall 

9 complete all recommended actions no later than the end of 

10 the 6-year period beginning on the date on which the Presi11 dent transmits the Commission’s recommendations to Con12 gress. All actions shall be economically beneficial and be 

13 cost neutral or otherwise favorable to the Government. For 

14 actions that will take longer than the 6-year period due to 

15 extenuating circumstances, each Federal agency shall notify 

16 the President and Congress as soon as the extenuating cir17 cumstance presents itself with an estimated time to com18 plete the relevant action. 

19 (b) ACTIONS OF FEDERAL AGENCIES.—In taking ac20 tions related to any Federal building or facility under this 

21 Act, Federal agencies may, pursuant to subsection (c), take 

22 all such necessary and proper actions, including— 

23 (1) acquiring land, constructing replacement fa24 cilities, performing such other activities, and con25 ducting advance planning and design as may be reVerDate Mar 15 2010 23:27 Feb 01, 2012 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H1734.RH H1734

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1 quired to transfer functions from a Federal asset or 

2 property to another Federal civilian property; 

3 (2) providing outplacement assistance to civilian 

4 employees employed by any Federal agency at a Fed5 eral civilian property impacted by such actions; and 

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

8 (c) NECESSARY AND PROPER ACTIONS.—When acting 

9 on a recommendation of the Commission, a Federal agency 

10 shall continue to act within their existing legal authorities, 

11 whether such authority has been delegated by the Adminis12 trator, or must work in partnership with the Administrator 

13 to carry out such actions. The Administrator may take such 

14 necessary and proper actions, including the sale, convey15 ance, or exchange of civilian real property, as required to 

16 implement the Commission recommendations in the time 

17 period required under subsection (a). The Administrator 

18 shall enter into and use commission-based contracts for real 

19 estate services to assist in carrying out property trans20 actions required by the Commission’s recommendations. 

21 (d) DISCRETION OF COMMISSION REGARDING TRANS22 ACTIONS.—For any transaction identified, recommended, 

23 or commenced as a result of this Act, any otherwise required 

24 legal priority given to, or requirement to enter into, a 

25 transaction to convey a Federal civilian real property for 


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1 less than fair market value, for no consideration at all, or 

2 in a transaction that mandates the exclusion of other mar3 ket participants, shall be at the discretion of the Commis4 sion. 

5 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There is authorized a one-time ap7 propriation to carry out this Act in the following amounts: 

8 (1) $20,000,000 for salaries and expenses of the 

9 Commission. 

10 (2) $62,000,000 to be deposited into the Asset 

11 Proceeds and Space Management Fund for activities 

12 related to the implementation of the Commission rec13 ommendations. 

14 (b) FEDERAL BUILDINGS FUND.—There is authorized 

15 to be appropriated from the Federal Buildings Fund estab16 lished under section 592 of title 40, United States Code, 

17 for construction and acquisition activities $0 for fiscal year 

18 2012. 

19 SEC. 17. FUNDING. 

20 (a) CREATION OF SALARIES AND EXPENSES AC21 COUNT.—There is hereby established on the books of the 

22 Treasury an account to be known as the ‘‘Civilian Property 

23 Realignment Commission—Salaries and Expenses’’ ac24 count. 


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1 (1) NECESSARY PAYMENTS.—There shall be de2 posited into the account such amounts, as are pro3 vided in appropriations Acts, for those necessary pay4 ments for salaries and expenses to accomplish the ad5 ministrative needs of the Commission. 

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

7 appropriated for the salaries and expenses of the 

8 Commission for a particular fiscal year, the Director 

9 of the Office of Management and Budget may support 

10 the Commission’s activities under this Act during 

11 such year if the Director approves, in consultation 

12 with the Administrator, a transfer to the Commission 

13 of amounts from the ‘‘Civilian Property Realignment 

14 Commission—Asset Proceeds and Space Management 

15 Fund’’ within the Federal Buildings Fund established 

16 under section 592 of title 40, United States Code, sub17 ject to subsection (b)(3) and (4) of this section. 

18 (b) CREATION OF ASSET PROCEEDS AND SPACE MAN19 AGEMENT FUND.—There is hereby established within the 

20 Federal Buildings Fund established under section 592 of 

21 title 40, United States Code, an account to be known as 

22 the ‘‘Civilian Property Realignment Commission—Asset 

23 Proceeds and Space Management Fund’’ which shall be 

24 used solely for the purposes of carrying out actions pursu25 ant to the Commission recommendations approved under 


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1 section 14. Notwithstanding section 3307 of title 40, United 

2 States Code, the following amounts shall be deposited into 

3 the account and are hereby appropriated and shall remain 

4 available until expended for the following specified pur5 poses: 

6 (1) Such amounts as are provided in appropria7 tions Acts, to remain available until expended, for the 

8 consolidation, co-location, exchange, redevelopment, 

9 re-configuration of space and other actions rec10 ommended by the Commission for Federal agencies. 

11 (2) Gross proceeds received from the proceeds of 

12 any civilian real property action taken pursuant to 

13 a recommendation of the Commission under section 

14 15. The Commission, in consultation with the Admin15 istrator, may transfer from the gross proceeds to a 

16 Federal agency, only amounts necessary to cover costs 

17 directly associated with sales transactions pursuant 

18 to implementing the recommendations pursuant to 

19 section 15. 

20 (3) Net proceeds (which are gross proceeds re21 ceived from the sale of any civilian real property pur22 suant to a recommendation of the Commission, less 

23 the amounts transferred from this account under sub24 section (b)(2)), shall be divided between the General 

25 Fund of the Treasury and the Asset Proceeds and 


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1 Space Management Fund within the Federal Build2 ings Fund. On an annual basis, the Director of the 

3 Office of Management and Budget, shall determine 

4 how the net proceeds shall be distributed, through 

5 transfer, between the General Fund and the Asset Pro6 ceeds and Space Management Fund, except that the 

7 General Fund shall receive— 

8 (A) 100 percent of all net proceeds in a fis9 cal year until the total amount of net proceeds 

10 in that fiscal year exceeds $50,000,000; and 

11 (B) at least 60 percent of the net proceeds 

12 thereafter in that fiscal year. 

13 (4) The Commission, in consultation with the 

14 Administrator, may transfer from the net proceeds de15 posited into the Space Management Fund pursuant to 

16 paragraph (3) to a Federal agency, amounts nec17 essary to cover costs associated with implementing the 

18 recommendations pursuant to section 15 not nec19 essary for the purposes of sale transactions pursuant 

20 to paragraph (2) of this subsection. In support of its 

21 duties, the Commission, in consultation with the Ad22 ministrator, may transfer from the net proceeds of the 

23 Space Management Fund to a Federal agency, 

24 amounts— 


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1 (A) to cover the necessary costs associated 

2 with— 

3 (i) consolidation, co-location, redevel4 opment, and reconfiguration actions; and 

5 (ii) other actions taken to otherwise re6 alize operational efficiencies, including such 

7 actions as environmental restoration; and 

8 (B) for outplacement assistance to Federal 

9 employees who work at a Federal property that 

10 is affected by actions taken under this section, 

11 and whose employment would be terminated as 

12 a result of such disposal, consolidation, or other 

13 realignment. 

14 SEC. 18. DISPOSAL OF REAL PROPERTIES. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, any recommendation or commencement of a 

17 disposal or realignment of civilian real property shall not 

18 be subject to— 

19 (1) section 545(b)(8) of title 40, United States 

20 Code; 

21 (2) sections 550, 554, and 553 of title 40, United 

22 States Code; 

23 (3) section 501 of the McKinney-Vento Homeless 

24 Assistance Act (42 U.S.C. 11411); 


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1 (4) sections 1 through 3 of the Act of May 19, 

2 1948 (Chap. 310; 62 Stat. 240; 16 U.S.C. 667b– 

3 667d); 

4 (5) section 47151 of title 49, United States Code; 

5 (6) sections 107 and 317 of title 23, United 

6 States Code; 

7 (7) section 1304(b) of title 40, United States 

8 Code; 

9 (8) section 13(d) of the Surplus Property Act of 

10 1944 (50 U.S.C. App. 1622(d)); and 

11 (9) any other provision of law authorizing the 

12 conveyance of real property owned by the Government 

13 for no consideration. 

14 (b) ENVIRONMENTAL CONSIDERATIONS.— 

15 (1) NEPA APPLICATION.—The provisions of the 

16 National Environmental Policy Act of 1969 (42 

17 U.S.C. 4321 et seq.) shall not apply to the actions of 

18 the President, the Commission, or any Federal agen19 cy, in carrying out any of the Commission’s rec20 ommendations except— 

21 (A) during the process of property disposal; 

22 and 

23 (B) during the process of relocating func24 tions from a property being disposed of or re25 aligned to another property after the receiving 


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1 property has been selected but before the func2 tions are relocated. 

3 (2) NEPA EXCEPTIONS.—In applying the provi4 sions of the National Environmental Policy Act of 

5 1969 to the processes referred to in subsection (b)(1), 

6 the agencies do not have to consider— 

7 (A) the need for closing or realigning the 

8 property which has been recommended for closure 

9 or realignment by the Commission; 

10 (B) the need for transferring functions to 

11 another Federal civilian property; or 

12 (C) any alternative path, not associated 

13 with an environmental choice, to those rec14 ommended or selected. 

15 (3) CIVIL ACTION.—A civil action for judicial re16 view, with respect to any requirement of the National 

17 Environmental Policy Act of 1969 to the extent such 

18 Act is applicable under subsection (b)(2), of any Act 

19 or failure to act by a Federal agency during the clos20 ing, realigning, or relocating of functions referred to 

21 in subsection (b)(2), may not be brought more than 

22 60 days after the dates of such act or failure to act. 

23 (4) DISPOSAL OF REALIGNED PROPERTY.—Fed24 eral agencies may dispose or realign property without 

25 regard to any provision of law described in subsection 


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1 (a), restricting the use of funds for disposing or re2 aligning Federal civilian property included in any 

3 appropriations or authorization Act. 

4 (5) TRANSFER OF REAL PROPERTY.— 

5 (A) IN GENERAL.—When implementing the 

6 recommended actions pursuant to section 15 for 

7 properties that have been identified in the Com8 mission’s recommendations and in compliance 

9 with the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980 

11 (42 U.S.C. 9601 et seq), including section 120(h) 

12 thereof (42 U.S.C. 9620(h)), Federal agencies 

13 may enter into an agreement to transfer by deed 

14 real property with any person. 

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

16 disposing agency may require any additional 

17 terms and conditions in connection with an 

18 agreement authorized by subparagraph (A) as 

19 the head of the disposing agency considers appro20 priate to protect the interests of the United 

21 States. Such additional terms and conditions 

22 shall not affect or diminish any rights or obliga23 tions of the federal agencies under CERCLA sec24 tion 120(h) (including, without limitation, the 


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

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

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

4 agreement pursuant to this Act, the agency shall dis5 close to the person to whom the property or facilities 

6 will be transferred any information of the Federal 

7 agency regarding the environmental restoration, 

8 waste management, and environmental compliance 

9 activities described in this Act that relate to the prop10 erty or facilities. The agency shall provide such infor11 mation before entering into the agreement. 

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

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

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

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

17 SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED 

18 PROJECTS. 

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

20 amended— 

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

22 (6); 

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

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


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

2 consistent with section 11(b) of the Civilian Property 

3 Realignment Act.’’. 

4 SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

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

7 amended by adding at the end the following: 

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

9 agencies 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other provi11 sion of law, no executive agency may lease space for the 

12 purposes of a public building as defined under section 3301, 

13 except as provided under section 585, and the provisions 

14 in this chapter. 

15 ‘‘(b) PUBLIC BUILDING.—For the purposes of this sec16 tion, the term ‘public building’ shall include leased space. 

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

18 apply to— 

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

20 national security by the President; and 

21 ‘‘(2) properties of the Department of Veterans Af22 fairs. 

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

24 construed as creating new authority for executive agencies 


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1 to enter into leases or limit the authority of the Administra2 tion under section 3314.’’. 

3 (b) SMALL BUSINESSES.—When using commercial 

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

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

7 chapter is amended by adding at the end: 

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

8 SEC. 21. IMPLEMENTATION REVIEW BY GAO. 

9 Upon the date specified in section 14(i), the Comp10 troller General of the United States at least annually shall 

11 monitor, review the implementation activities of Federal 

12 agencies pursuant to section 15, and report to Congress any 

13 findings and recommendations. 

14 SEC. 22. REALIGNMENT OF REAL PROPERTY OWNED OR 

15 MANAGED BY THE BUREAU OF OVERSEAS 

16 BUILDING OPERATIONS. 

17 (a) LIST OF ASSETS.—On an annual basis, the Com18 mission shall identify and create a list of assets located out19 side of the United States and its territories that are owned 

20 or managed by the Department of State’s Bureau of Over21 seas Building Operations that may— 

22 (1) be sold for proceeds so as to reduce the civil23 ian real property inventory and operating costs of the 

24 Federal Government; or 


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1 (2) be otherwise disposed of, transferred, consoli2 dated, co-located, or reconfigured so as to reduce the 

3 operating costs of the Federal Government. 

4 (b) LIST TO SECRETARY OF STATE.—The Commission 

5 shall provide this list created pursuant to subsection (a) to 

6 the Secretary of State. 

7 (c) REVIEW AND REPORT.—Not later than 90 calendar 

8 days after the receipt of the list created pursuant to sub9 section (b), the Department of State shall review this list 

10 and send a report to the Commission. The report shall in11 clude the conclusions of this review by the Department of 

12 State. 

13 (d) RECOMMENDATIONS OF CERTAIN CIVILIAN REAL

14 PROPERTY ASSETS.—Consistent with section 12, the Com15 mission may only make recommendations involving civil16 ian real property assets that are located outside of the 

17 United States and its territories and owned or managed 

18 by the Department of State’s Bureau of Overseas Building 

19 Operations if the assets are on the list provided to the De20 partment of State pursuant to this section and the Depart21 ment of State has submitted a report on the list to the Com22 mission pursuant to subsection (c). 

23 (e) REMOVAL OF CERTAIN CIVILIAN REAL PROPERTY

24 TRANSACTION ASSETS.—Consistent with section 12, not 

25 later than 20 calendar days after the submission of the 


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1 Commission’s report to the President, the Secretary of State 

2 may remove any transaction that involves a civilian real 

3 property asset that is located outside of the United States 

4 and its territories and owned or managed by the Depart5 ment of State’s Bureau of Overseas Building Operations 

6 from the Commission recommendations or list of rec7 ommendations made pursuant to section 12. 

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

9 this section shall restrict the ability of the Secretary of State 

10 to appeal to the Director of OMB or Commission for fund11 ing by the Commission’s Asset Proceeds and Space Manage12 ment Fund to support the cost of implementing a rec13 ommendation. 

14 (g) PROCEEDS.—For the purposes of this Act, proceeds 

15 from the disposal of assets located outside of the United 

16 States and its territories that are owned or managed by 

17 the Department of State’s Bureau of Overseas Building Op18 erations as identified by the Commission and disposed of 

19 pursuant to this Act shall be deposited into the Asset Pro20 ceeds and Space Management Fund. Proceeds from the dis21 posal of assets by the Department of State that are not dis22 posed of pursuant to this Act shall be retained by the De23 partment of State. 


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1 SEC. 23. NATIONAL WOMEN’S HISTORY MUSEUM. 

2 (a) DEFINITIONS.—In this section, the following defi3 nitions apply: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of General Services. 

6 (2) CERCLA.—The term ‘‘CERCLA’’ means the 

7 Comprehensive Environmental Response, Compensa8 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

9 seq.). 

10 (3) COMMITTEES.—The term ‘‘Committees’’ 

11 means the Committee on Transportation and Infra12 structure of the House of Representatives and the 

13 Committee on Environment and Public Works of the 

14 Senate. 

15 (4) MUSEUM.—The term ‘‘Museum’’ means the 

16 National Women’s History Museum, Inc., a District 

17 of Columbia nonprofit corporation exempt from tax18 ation pursuant to section 501(c)(3) of the Internal 

19 Revenue Code of 1986. 

20 (5) PROPERTY.—Except as provided in section 

21 25 of this Act, the term ‘‘Property’’ means the prop22 erty located in the District of Columbia, subject to 

23 survey and as determined by the Administrator, gen24 erally consisting of Squares 325 and 326 and a por25 tion of Square 351. The Property is generally bound26 ed by 12th Street, Independence Avenue, C Street, 


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1 and the James Forrestal Building, all in Southwest 

2 Washington, District of Columbia, and shall include 

3 all associated air rights, improvements thereon, and 

4 appurtenances thereto. 

5 (b) CONVEYANCE OF PROPERTY.— 

6 (1) AUTHORITY TO CONVEY.— 

7 (A) IN GENERAL.—Subject to the require8 ments of this section, the Administrator shall 

9 convey the Property to the Museum, on such 

10 terms and conditions as the Administrator con11 siders reasonable and appropriate to protect the 

12 interests of the United States and further the 

13 purposes of this section. 

14 (B) AGREEMENT.—As soon as practicable, 

15 but not later than 180 days after the date of en16 actment of this Act, the Administrator shall 

17 enter into an agreement with the Museum for the 

18 conveyance. 

19 (C) TERMS AND CONDITIONS.—The terms 

20 and conditions of the agreement shall address, 

21 among other things, mitigation of developmental 

22 impacts to existing Federal buildings and struc23 tures, security concerns, and operational proto24 cols for development and use of the property and 

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1 seum of its right of first refusal pursuant to sec2 tion 25. 

3 (2) PURCHASE PRICE.— 

4 (A) IN GENERAL.—The purchase price for 

5 the Property shall be its fair market value based 

6 on its highest and best use as determined by an 

7 independent appraisal commissioned by the Ad8 ministrator and paid for by the Museum. 

9 (B) SELECTION OF APPRAISER.—The ap10 praisal shall be performed by an appraiser mu11 tually acceptable to the Administrator and the 

12 Museum. 

13 (C) TERMS AND CONDITIONS FOR AP14 PRAISAL.— 

15 (i) IN GENERAL.—Except as provided 

16 in clause (ii), the assumptions, scope of 

17 work, and other terms and conditions re18 lated to the appraisal assignment shall be 

19 mutually acceptable to the Administrator 

20 and the Museum. 

21 (ii) REQUIRED TERMS.—The appraisal 

22 shall assume that the Property does not con23 tain hazardous substances (as defined in 

24 section 101 of CERCLA (42 U.S.C. 9601)) 

25 or any other hazardous waste or pollutant 


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1 that requires a response action or corrective 

2 action under any applicable environmental 

3 law. 

4 (3) APPLICATION OF PROCEEDS.—The purchase 

5 price shall be paid into an account in the Federal 

6 Buildings Fund established under section 592 of title 

7 40, United States Code. Upon deposit, the proceeds 

8 from the conveyance may only be expended subject to 

9 a specific future appropriation. 

10 (4) QUIT CLAIM DEED.—The Property shall be 

11 conveyed pursuant to a quit claim deed. 

12 (5) USE RESTRICTION.—The Property shall be 

13 dedicated for use as a site for a national women’s his14 tory museum for the 99-year period beginning on the 

15 date of conveyance to the Museum. 

16 (6) FUNDING RESTRICTION.—No Federal funds 

17 shall be made available— 

18 (A) to the Museum for— 

19 (i) the purchase of the Property; or 

20 (ii) the design and construction of any 

21 facility on the Property; or 

22 (B) by the Museum or any affiliate of the 

23 Museum as a credit pursuant to subsection (c). 

24 (7) REVERSION.— 


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1 (A) BASES FOR REVERSION.—The Property 

2 shall revert to the United States, at the option 

3 of the United States, without any obligation for 

4 repayment by the United States of any amount 

5 of the purchase price for the property, if— 

6 (i) the Property is not used as a site 

7 for a national women’s history museum at 

8 any time during the 99-year period referred 

9 to in subsection (e); or 

10 (ii) the Museum has not commenced 

11 construction of a museum facility on the 

12 Property in the 5-year period beginning on 

13 the date of enactment of this Act, other than 

14 for reasons beyond the control of the Mu15 seum as reasonably determined by the Ad16 ministrator. 

17 (B) ENFORCEMENT.—The Administrator 

18 may perform any acts necessary to enforce the 

19 reversionary rights provided in this section. 

20 (C) CUSTODY OF PROPERTY UPON REVER21 SION.—If the Property reverts to the United 

22 States pursuant to this section, such property 

23 shall be under the custody and control of the Ad24 ministrator. 


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1 (8) CLOSING.—The conveyance pursuant to this 

2 section shall occur not later than 3 years after the 

3 date of enactment of this Act. The Administrator may 

4 extend that period for such time as is reasonably nec5 essary for the Museum to perform its obligations 

6 under section subsection (c). 

7 (c) ENVIRONMENTAL MATTERS.— 

8 (1) AUTHORIZATION TO CONTRACT FOR ENVIRON9 MENTAL RESPONSE ACTIONS.—In fulfilling the re10 sponsibility of the Administrator to address contami11 nation on the Property, the Administrator may con12 tract with the Museum or an affiliate of the Museum 

13 for the performance (on behalf of the Administrator) 

14 of response actions on the Property. 

15 (2) CREDITING OF RESPONSE COSTS.— 

16 (A) IN GENERAL.—Any costs incurred by 

17 the Museum or an affiliate of the Museum using 

18 non-Federal funding pursuant to paragraph (1) 

19 shall be credited to the purchase price for the 

20 Property. 

21 (B) LIMITATION.—A credit under subpara22 graph (A) shall not exceed the purchase price of 

23 the Property. 

24 (3) NO EFFECT ON COMPLIANCE WITH ENVIRON25 MENTAL LAWS.—Nothing in this section, or any 


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1 amendment made by this section, affects or limits the 

2 application of or obligation to comply with any envi3 ronmental law, including section 120(h) of CERCLA 

4 (42 U.S.C. 9620(h)). 

5 (d) INCIDENTAL COSTS.—Subject to subsection (c), the 

6 Museum shall bear any and all costs associated with com7 plying with the provisions of this section, including studies 

8 and reports, surveys, relocating tenants, and mitigating im9 pacts to existing Federal buildings and structures resulting 

10 directly from the development of the property by the Mu11 seum. 

12 (e) LAND USE APPROVALS.— 

13 (1) EXISTING AUTHORITIES.—Nothing in this 

14 section shall be construed as limiting or affecting the 

15 authority or responsibilities of the National Capital 

16 Planning Commission or the Commission of Fine 

17 Arts. 

18 (2) COOPERATION.— 

19 (A) ZONING AND LAND USE.—Subject to 

20 subparagraph (B), the Administrator shall rea21 sonably cooperate with the Museum with respect 

22 to any zoning or other land use matter relating 

23 to development of the Property in accordance 

24 with this section. Such cooperation shall include 

25 consenting to applications by the Museum for 


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1 applicable zoning and permitting with respect to 

2 the Property. 

3 (B) LIMITATIONS.—The Administrator shall 

4 not be required to incur any costs with respect 

5 to cooperation under this subsection and any 

6 consent provided under this subsection shall be 

7 premised on the Property being developed and 

8 operated in accordance with this section. 

9 (f) REPORTS.—Not later than 1 year after the date of 

10 enactment of this Act, and annually thereafter until the end 

11 of the 5-year period following conveyance of the Property 

12 or until substantial completion of the museum facility 

13 (whichever is later), the Museum shall submit annual re14 ports to the Administrator and the Committees detailing 

15 the development and construction activities of the Museum 

16 with respect to this section. 

17 SEC. 24. FACILITIES CONSOLIDATION, SAVINGS, AND EFFI18 CIENCY. 

19 (a) TRANSFER.—Notwithstanding any other provision 

20 of law and not later than December 31, 2012, the Adminis21 trator of General Services shall transfer administrative ju22 risdiction, custody, and control of the building located at 

23 600 Pennsylvania Avenue, NW., District of Columbia, to 

24 the National Gallery of Art for the purpose of housing and 

25 exhibiting works of art and to carry out administrative 


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1 functions and other activities related to the mission of the 

2 National Gallery of Art. 

3 (b) REMODELING, RENOVATING, OR RECON4 STRUCTING.— 

5 (1) IN GENERAL.—The National Gallery of Art 

6 shall pay for the costs of remodeling, renovating, or 

7 reconstructing the building referred to in subsection 

8 (a). 

9 (2) FEDERAL SHARE.—No appropriated funds 

10 may be used for the initial costs for the remodeling, 

11 renovating, or reconstructing of the building referred 

12 to in subsection (a). 

13 (3) PROHIBITION.—The National Gallery of Art 

14 may not use sale, lease, or exchange, including lease15 back arrangements, for the purposes of remodeling, 

16 renovating, or reconstructing the building referred to 

17 in subsection (a). 

18 (c) RELOCATION OF THE FEDERAL TRADE COMMIS19 SION.— 

20 (1) RELOCATION.—Not later than December 31, 

21 2012, the Administrator of General Services shall re22 locate the Federal Trade Commission employees and 

23 operations housed in the building identified in sub24 section (a) to not more than 160,000 usable square 

25 feet of space in the southwest quadrant of the leased 


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1 building known as Constitution Center located at 400 

2 7th Street, Southwest in the District of Columbia. 

3 (2) OCCUPANCY AGREEMENT.—Not later than 30 

4 days after the date of enactment of this Act, the Ad5 ministrator of General Services and the Securities 

6 and Exchange Commission shall execute an agreement 

7 to assign or sublease the space (leased pursuant to a 

8 Letter Contract entered into by the Securities and Ex9 change Commission on July 28, 2010), as described 

10 in paragraph (1), for the purposes of housing the Fed11 eral Trade Commission employees and operations re12 locating from the building located at 600 Pennsyl13 vania Avenue, NW., District of Columbia, pursuant 

14 to paragraph (1) of this subsection. 

15 (d) NATIONAL GALLERY OF ART.—Beginning on the 

16 date that the National Gallery of Art occupies the building 

17 referred to in subsection (a)— 

18 (1) the building shall be known and designated 

19 as the ‘‘North Building of the National Gallery of 

20 Art’’; and 

21 (2) any reference in a law, map, regulation, doc22 ument, paper, or other record of the United States to 

23 the building shall be deemed to be a reference to the 

24 ‘‘North Building of the National Gallery of Art’’. 

25 (e) DISCRETIONARY AUTHORIZATION REDUCTIONS.— 


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1 (1) ENERGY AND WATER RETROFIT AND CON2 SERVATION.—The authorization of appropriations for 

3 the energy and water retrofit and conservation meas4 ures program of the General Services Administration 

5 shall be reduced from $20,000,000 to $0 for fiscal 

6 years 2012 and 2013. 

7 (2) WELLNESS AND FITNESS PROGRAM.—The au8 thorization of appropriations for the wellness and fit9 ness program of the General Services Administration 

10 shall be reduced from $7,000,000 to $0 for fiscal years 

11 2012 and 2013. 

12 SEC. 25. ADDITIONAL SALES AND SAVINGS. 

13 (a) DEFINITION.—In this section, the term ‘‘Property’’ 

14 means the property located in the District of Columbia, sub15 ject to survey and as determined by the Administrator, gen16 erally consisting of Squares 351 N, 351, 352, 325, 326, and 

17 the portion of Square 383 containing the north building 

18 of the James Forrestal Building Complex. The Property is 

19 generally bounded by Independence Avenue, 12th Street, 

20 Maryland Avenue, and 9th Street in Southwest, Wash21 ington D.C. 

22 (b) SALE.—Not later than December 31, 2013, the Ad23 ministrator shall sell the Property at fair market value at 

24 highest and best use only if the Administrator determines 

25 such sale would result in net proceeds, as defined in subVerDate Mar 15 2010 23:27 Feb 01, 2012 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H1734.RH H1734

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1 section (d)(2), to the Federal Government exceeding $200 

2 million. 

3 (c) LEASEBACK RESTRICTION.—If the Property is sold 

4 pursuant to subsection (b), none of the existing improve5 ments on the Property may be leased back to the Federal 

6 Government. 

7 (d) APPLICATION OF PROCEEDS.— 

8 (1) GROSS PROCEEDS.—Proceeds derived from 

9 the sale of the Property shall be used by the Adminis10 trator to provide for not more than 320,000 square 

11 feet of government-owned replacement space for the 

12 federal agency functions housed on the Property. 

13 (2) NET PROCEEDS.—Any net proceeds received, 

14 exceeding the expenses pursuant to paragraph (1) 

15 shall be paid into an account in the Federal Build16 ings Fund established under section 592 of title 40, 

17 United States Code. Upon deposit, the net proceeds 

18 from the sale may only be expended subject to a spe19 cific future appropriation. 

20 (e) RIGHT OF FIRST REFUSAL.—The Administrator 

21 shall provide the Museum as defined in section 23, a right 

22 of first refusal to purchase, pursuant to the provisions of 

23 such section, the parcel generally consisting of Squares 351 

24 N and portions of 325, generally bounded by Independence 

25 Avenue on the north, 12th Street on the west, 10th Street 


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1 on the east, and through a portion of Square 325 on the 

2 south in Southwest, Washington, D.C. 

3 (f) DETERMINATION OF PROCEEDS.—If the Adminis4 trator determines the net proceeds derived from the sale of 

5 the Property would not exceed $200 million, the Adminis6 trator shall sell at fair market value at highest and best 

7 use Square 326, including the vacant building known as 

8 the ‘‘Cotton Annex’’, not later than 180 days following the 

9 determination of the Administrator, and shall sell the Prop10 erty as defined in section 23 in accordance with the provi11 sions of that section. 

12 (g) SALE OF PROPERTY.—If the Museum agrees not 

13 to exercise its first right of refusal under this section, the 

14 Administrator shall sell the Property described under sub15 section (a) of section 23 in accordance with the provisions 

16 of such section. 

17 SEC. 26. RESTRICTION ON USE OF FUNDS. 

18 (a) RESTRICTION ON USE OF FUNDS.—Notwith19 standing any other provision of law, the Administrator of 

20 General Services shall not use funds appropriated for con21 structing a new courthouse in Los Angeles, California in 

22 the Federal Buildings Fund established under section 592 

23 of title 40, United States Code, except as provided for in 

24 a specific future appropriation. 


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1 (b) SALE OF CERTAIN PROPERTY.—Not later than De2 cember 31, 2013, the Administrator of General Services 

3 shall sell at fair market value at highest and best use any 

4 property purchased or otherwise acquired for the purposes 

5 of constructing a new courthouse described in subsection 

6 (a). 


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Union Calendar No. 262 

112TH CONGRESS 

2D SESSION H. R. 1734 

[Report No. 112–384, Part I] 

A BILL 

To decrease the deficit by realigning, consolidating, 

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

FEBRUARY 1, 2012 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

FEBRUARY 1, 2012 

The Committees on Oversight and Government Reform 

dered to be printed the Whole House on the State of the Union and orand Rules discharged; committed to the Committee of 


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