II 

116TH CONGRESS 

1ST SESSION S. 1538 

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

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2019 

Mr. WARNER (for himself, Mr. BLUNT, Mr. GRAHAM, and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

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

and other civilian real property, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civilian Property Re5 alignment Act of 2019’’ or ‘‘CPRA’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to consolidate the footprint of Federal 

9 buildings and facilities; 


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

2 buildings and facilities; 

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

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

6 are underused to obtain the highest and best value 

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

9 (5) to reduce the operating and maintenance 

10 costs of Federal civilian real properties through the 

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

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

16 (7) to facilitate and expedite the disposal of 

17 unneeded civilian properties; and 

18 (8) to assist Federal agencies in achieving sus19 tainability goals of the Federal Government by re20 ducing excess space, inventory, and energy consump21 tion, as well as by leveraging new technologies. 

22 SEC. 3. DEFINITIONS. 

23 Section 3 of the Federal Assets Sale and Transfer 

24 Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) 

25 is amended— 


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1 (1) by redesignating paragraphs (4) through 

2 (9) as paragraphs (5), (6), (7), (8), (9), and (11), 

3 respectively; 

4 (2) by inserting after paragraph (3) the fol5 lowing: 

6 ‘‘(4) DISPOSAL.—The term ‘disposal’ means 

7 any action that constitutes the removal of any Fed8 eral civilian real property from the Federal inven9 tory, including sale, deed, demolition, or exchange.’’; 

10 and 

11 (3) by inserting after paragraph (9) (as so re12 designated) the following: 

13 ‘‘(10) SECRETARY.—The term ‘Secretary’ 

14 means the Secretary of Housing and Urban Develop15 ment.’’. 

16 SEC. 4. DUTIES OF BOARD. 

17 Section 12 of the Federal Assets Sale and Transfer 

18 Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) 

19 is amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) IN GENERAL.—The Board shall identify— 

23 ‘‘(1) opportunities for the Federal Government 

24 to reduce significantly the inventory of civilian real 


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1 property and reduce costs to the Federal Govern2 ment; and 

3 ‘‘(2) a total savings to the Federal Government 

4 of not less than $9,000,000,000 from the disposal of 

5 Federal civilian real property under this Act, which 

6 may be achieved through opportunities such as the 

7 sale of Federal civilian real property and the termi8 nation of leases, colocation, maintenance, operations, 

9 and security activities.’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (A), by striking 

13 ‘‘and not more than $750,000,000’’; and 

14 (ii) in subparagraph (B), by striking 

15 ‘‘transmit the list of the Federal civilian 

16 real properties to the Director of OMB and 

17 Congress’’ and inserting ‘‘submit to the 

18 President and Congress the list of the Fed19 eral civilian real properties’’; and 

20 (B) in paragraph (6)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘section 14(g)’’ and inserting ‘‘section 

23 16(d)’’; and 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘Director of OMB’’ and inserting ‘‘Presi3 dent’’; and 

4 (3) in subsection (g)— 

5 (A) in paragraph (1), in the matter pre6 ceding subparagraph (A), by striking ‘‘transmit 

7 to the Director of OMB’’ and inserting ‘‘submit 

8 to the President’’; and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A)— 

11 (I) in the first sentence, by strik12 ing ‘‘transmit to the Director of 

13 OMB’’ and inserting ‘‘submit to the 

14 President’’; and 

15 (II) in the second sentence, by 

16 striking ‘‘$2,500,000,000’’ and insert17 ing ‘‘$4,000,000,000’’; and 

18 (ii) in subparagraph (B)— 

19 (I) in the first sentence— 

20 (aa) by striking ‘‘Not earlier 

21 than 3 years’’ and inserting ‘‘Not 

22 later than 2 years’’; and 

23 (bb) by striking ‘‘transmit to 

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1 serting ‘‘submit to the Presi2 dent’’; and 

3 (II) in the second sentence, by 

4 striking ‘‘$4,750,000,000’’ and insert5 ing ‘‘$5,000,000,000’’. 

6 SEC. 5. REVIEW BY PRESIDENT. 

7 Section 13 of the Federal Assets Sale and Transfer 

8 Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) 

9 is amended to read as follows: 

10 ‘‘SEC. 13. REVIEW BY PRESIDENT. 

11 ‘‘(a) REVIEW AND REPORT.—The President shall— 

12 ‘‘(1) on receipt of the recommendations of the 

13 Board under subsections (b) and (g) of section 12, 

14 conduct a review of the recommendations; and 

15 ‘‘(2) not later than 30 days after the date of re16 ceipt of the recommendations, submit to the Board 

17 and Congress a report that describes the approval or 

18 disapproval of the President of the recommenda19 tions. 

20 ‘‘(b) APPROVAL AND DISAPPROVAL.—If the Presi21 dent— 

22 ‘‘(1) approves the recommendations of the 

23 Board, the President shall submit to Congress a 

24 copy of the recommendations, together with a certifi25 cation of the approval; 


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1 ‘‘(2) disapproves of the recommendations of the 

2 Board, in whole or in part— 

3 ‘‘(A) the President shall submit to the 

4 Board and Congress the reasons for the dis5 approval; and 

6 ‘‘(B) not later than 30 days after the date 

7 of disapproval, the Board shall submit to the 

8 President and Congress a revised list of rec9 ommendations; and 

10 ‘‘(3) approves the revised recommendations of 

11 the Board submitted under paragraph (2)(B), the 

12 President shall submit to Congress a copy of the re13 vised recommendations, together with a certification 

14 of the approval.’’. 

15 SEC. 6. CONGRESSIONAL CONSIDERATION OF REC16 OMMENDATIONS. 

17 Section 14 of the Federal Assets Sale and Transfer 

18 Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) 

19 is amended to read as follows: 

20 ‘‘SEC. 14. CONGRESSIONAL CONSIDERATION OF REC21 OMMENDATIONS. 

22 ‘‘(a) DEFINITION OF JOINT RESOLUTION.—In this 

23 section, the term ‘joint resolution’ means only a joint reso24 lution— 


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1 ‘‘(1) that is introduced during the 10-day pe2 riod beginning on the date on which the President 

3 submits an approval and certification of rec4 ommendations to Congress under paragraph (1) or 

5 (3) of section 13(b); 

6 ‘‘(2) that does not have a preamble; 

7 ‘‘(3) the matter after the resolving clause of 

8 which is as follows: ‘That Congress disapproves the 

9 recommendations of the Public Buildings Reform 

10 Board as submitted by the President on 

11 lllllllll’, the blank space being filled 

12 in with the appropriate date; and 

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

14 Resolution disapproving the recommendations of the 

15 Public Buildings Reform Board’. 

16 ‘‘(b) RESOLUTION OF DISAPPROVAL.—Not later than 

17 45 days after the date on which the President submits 

18 to Congress an approval and certification of recommenda19 tions under paragraph (1) or (3) of section 13(b), Con20 gress may enact a joint resolution to disapprove the rec21 ommendations of the Board. 

22 ‘‘(c) COMPUTATION OF TIME PERIOD.—For the pur23 poses of this section, the days on which either House of 

24 Congress is not in session because of adjournment of more 

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1 putation of the period of time described in subsection 

2 (a)(1). 

3 ‘‘(d) REFERRAL.— 

4 ‘‘(1) HOUSE OF REPRESENTATIVES.—A joint 

5 resolution that is introduced in the House of Rep6 resentatives shall be referred to the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives. 

9 ‘‘(2) SENATE.—A joint resolution that is intro10 duced in the Senate shall be referred to the Com11 mittee on Environment and Public Works of the 

12 Senate. 

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

14 resolution is referred has not reported the joint resolution 

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

16 beginning on the date on which the President submits the 

17 report to Congress under section 13(a)(2)— 

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

19 period, discharged from further consideration of the 

20 joint resolution; and 

21 ‘‘(2) the joint resolution shall be placed on the 

22 appropriate calendar 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 a 


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1 joint resolution is referred has reported, or has been 

2 discharged under subsection (e) from further consid3 eration of, such a joint resolution, it is in order, re4 gardless of whether a previous motion to the same 

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

6 respective House to move to proceed to the consider7 ation of the joint resolution. 

8 ‘‘(2) MOTIONS.— 

9 ‘‘(A) IN GENERAL.—A Member may make 

10 a motion described in paragraph (1) only on the 

11 date after the calendar day on which the Mem12 ber announces to the House concerned the in13 tention of the Member to make the motion, ex14 cept that, in the case of the House of Rep15 resentatives, the motion may be made without 

16 such a prior announcement if the motion is 

17 made by direction of the committee to which 

18 the joint resolution was referred. 

19 ‘‘(B) PRIVILEGE; AMENDMENT.—A motion 

20 made under paragraph (1) is— 

21 ‘‘(i) highly privileged in the House of 

22 Representatives, privileged in the Senate, 

23 and not debatable; and 


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1 ‘‘(ii) not subject to amendment, a mo2 tion to postpone, or a motion to proceed to 

3 the consideration of other business. 

4 ‘‘(C) OTHER MOTIONS.— 

5 ‘‘(i) IN GENERAL.—A motion to re6 consider the vote by which a motion made 

7 under paragraph (1) is agreed to or dis8 agreed to shall not be in order. 

9 ‘‘(ii) AGREEMENT.—If a motion to 

10 proceed to consideration of the joint reso11 lution is agreed to— 

12 ‘‘(I) the respective House shall 

13 immediately proceed to the consider14 ation of the joint resolution without 

15 intervening motion, order, or other 

16 business; and 

17 ‘‘(II) the joint resolution shall re18 main the unfinished business of the 

19 respective House until disposed of. 

20 ‘‘(3) DEBATE.— 

21 ‘‘(A) IN GENERAL.—Debate on a joint res22 olution and on all debatable motions and ap23 peals in connection with the joint resolution 

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1 vided equally between those favoring and those 

2 opposing the joint resolution. 

3 ‘‘(B) AMENDMENTS.—An amendment to 

4 the joint resolution is not in order. 

5 ‘‘(C) MOTION TO FURTHER LIMIT DE6 BATE.—A motion further to limit debate on the 

7 joint resolution is in order and not debatable. 

8 ‘‘(D) OTHER MOTIONS.—A motion to post9 pone, to proceed to the consideration of other 

10 business, to recommit the joint resolution, or to 

11 reconsider the vote by which the resolution is 

12 agreed to or disagreed to is not in order. 

13 ‘‘(4) VOTE.—Immediately following the conclu14 sion of the debate on a joint resolution and a single 

15 quorum call at the conclusion of the debate, if re16 quested in accordance with the rules of the appro17 priate House, the vote on final passage of the joint 

18 resolution shall occur. 

19 ‘‘(5) APPEALS OF DECISIONS OF CHAIR.—Ap20 peals of the decisions of the Chair relating to the ap21 plication of the rules of the Senate or the House of 

22 Representatives, as the case may be, to the proce23 dure relating to a joint resolution shall be decided 

24 without debate. 

25 ‘‘(g) CONSIDERATION BY OTHER HOUSE.— 


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

2 House of Congress of a joint resolution of that 

3 House, that House receives from the other House of 

4 Congress a joint resolution, the following procedures 

5 shall apply: 

6 ‘‘(A) NO COMMITTEE REFERRAL.—The 

7 joint resolution of the other House shall not be 

8 referred to a committee and may not be consid9 ered in the House receiving the joint resolution 

10 except in the case of final passage as provided 

11 in subparagraph (B). 

12 ‘‘(B) RESOLUTION PROCEDURE.—With re13 spect to a joint resolution of the House receiv14 ing the joint resolution, the procedure in that 

15 House shall be the same as if no joint resolu16 tion had been received from the other House, 

17 but the vote on final passage shall be on the 

18 joint resolution of the other House. 

19 ‘‘(2) NO CONSIDERATION.—On disposition of 

20 the joint resolution received from the other House, 

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

22 resolution that originated in the receiving House. 

23 ‘‘(h) RULES OF SENATE AND HOUSE OF REP24 RESENTATIVES.—This section is enacted by Congress— 


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

2 the Senate and House of Representatives, respec3 tively, and as such— 

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

5 of each House, respectively; but 

6 ‘‘(ii) is applicable only with respect to the 

7 procedure to be followed in that House in the 

8 case of a joint resolution; and 

9 ‘‘(B) supersedes other rules only to the ex10 tent that this section is inconsistent with those 

11 rules; and 

12 ‘‘(2) with full recognition of the constitutional 

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

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

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

16 the case of any other rule of that House. 

17 ‘‘(i) FAILURE TO PASS RESOLUTION OF DIS18 APPROVAL.—If Congress fails to pass a joint resolution 

19 by the date that is 45 calendar days after the date of sub20 mission by the President to Congress of the recommenda21 tions of the Board, each Federal agency shall be required 

22 to implement and carry out all of the recommendations 

23 of the Board pursuant to section 15.’’. 


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1 SEC. 7. IMPLEMENTATION OF RECOMMENDATIONS OF 

2 BOARD. 

3 (a) IN GENERAL.—The Federal Assets Sale and 

4 Transfer Act 2016 (40 U.S.C. 1303 note; Public Law 

5 114–287) is amended— 

6 (1) by redesignating sections 15 through 25 as 

7 sections 17 through 27, respectively; and 

8 (2) by inserting after section 14 the following: 

9 ‘‘SEC. 15. IMPLEMENTATION OF RECOMMENDATIONS OF 

10 BOARD. 

11 ‘‘(a) CARRYING OUT RECOMMENDATIONS.— 

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

13 in consultation with the Administrator— 

14 ‘‘(A) on the date specified in section 14(i), 

15 immediately begin preparations to carry out the 

16 recommendations of the Board; 

17 ‘‘(B) not later than 90 days after the date 

18 specified in section 14(i), develop a plan for the 

19 implementation of those recommendations, in20 cluding a timeline with measurable milestones 

21 and deadlines; 

22 ‘‘(C) not later than 1 year after the date 

23 specified in section 14(i), provide an update to 

24 the Board and the Administrator on the plan 

25 developed under subparagraph (B); and 


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

2 period beginning on the date on which the 

3 President submits the recommendations of the 

4 Board to Congress, complete implementation of 

5 all recommended actions. 

6 ‘‘(2) ACTIONS.—Each recommended action 

7 taken by a Federal agency shall be economically ben8 eficial and cost-neutral or otherwise result in savings 

9 to the Federal Government. 

10 ‘‘(3) FAILURE TO IMPLEMENT RECOMMENDA11 TIONS.—If a Federal agency fails to carry out the 

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

13 the recommendations of the Board within the period 

14 described in paragraph (1)(D), the Administrator 

15 shall— 

16 ‘‘(A) assume the authority of that Federal 

17 agency for the purpose of carrying out the plan 

18 and implementing the recommendations; and 

19 ‘‘(B) implement the recommendations of 

20 the Board for that Federal agency. 

21 ‘‘(b) ACTIONS OF FEDERAL AGENCIES.—In imple22 menting any recommended action relating to any Federal 

23 civilian real property under this Act, a Federal agency 

24 may, in consultation with the Administrator, pursuant to 


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1 subsection (c), take all such necessary and proper actions, 

2 including— 

3 ‘‘(1) constructing replacement facilities, per4 forming such other activities, and conducting such 

5 advance planning and design as is required to trans6 fer functions from a Federal civilian real property to 

7 another Federal civilian real property; 

8 ‘‘(2) providing outplacement assistance to civil9 ian employees employed by any Federal agency at a 

10 Federal civilian real property impacted by the rec11 ommended action; and 

12 ‘‘(3) reimbursing other Federal agencies for ac13 tions performed at the request of the Board. 

14 ‘‘(c) NECESSARY AND PROPER ACTIONS.— 

15 ‘‘(1) IN GENERAL.—In acting on a rec16 ommendation of the Board, a Federal agency shall— 

17 ‘‘(A) act within any authority delegated to 

18 the Federal agency; and 

19 ‘‘(B) if the Federal agency has not been 

20 delegated authority to act on the recommenda21 tion, the Federal agency shall work in partner22 ship with the Administrator to carry out the 

23 recommendation. 

24 ‘‘(2) ACTIONS OF ADMINISTRATOR.—The Ad25 ministrator— 


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1 ‘‘(A) may take such necessary and proper 

2 actions, including the sale, conveyance, or ex3 change of civilian real property, as are required 

4 to implement the recommendations of the 

5 Board in accordance with subsection (a); and 

6 ‘‘(B) shall enter into and use commission7 based contracts for real estate services to assist 

8 in carrying out property transactions required 

9 by the recommendations of the Board. 

10 ‘‘(d) DISCRETION OF ADMINISTRATOR REGARDING

11 TRANSACTIONS.—For any transaction identified, rec12 ommended, or commenced as a result of this Act, any oth13 erwise required legal priority given to, or requirement to 

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

15 property for less than fair market value, for no consider16 ation at all, or in a transaction that mandates the exclu17 sion of other market participants, shall be at the discretion 

18 of the Administrator.’’. 

19 (b) CONFORMING AMENDMENTS.—The Federal As20 sets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; 

21 Public Law 114–287) is amended— 

22 (1) in section 18(b)(4) (as redesignated by sub23 section (a)), in the matter preceding subparagraph 

24 (A), by striking ‘‘section 14’’ and inserting ‘‘section 

25 15’’; and 


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1 (2) in section 21 (as redesignated by subsection 

2 (a))— 

3 (A) by striking ‘‘Upon transmittal of the 

4 Board’s recommendations from the Director of 

5 OMB to Congress under section 13’’ and insert6 ing ‘‘Beginning on the date on which the Presi7 dent submits to Congress the recommendations 

8 of the Board under section 13’’; and 

9 (B) by striking ‘‘section 14’’ and inserting 

10 ‘‘sections 15 and 16’’. 

11 SEC. 8. DISPOSAL OF REAL PROPERTIES. 

12 The Federal Assets Sale and Transfer Act of 2016 

13 (40 U.S.C. 1303 note; Public Law 114–287) (as amended 

14 by section 7(a)) is amended by inserting after section 15 

15 the following: 

16 ‘‘SEC. 16. DISPOSAL OF REAL PROPERTIES. 

17 ‘‘(a) IN GENERAL.—Notwithstanding any other pro18 vision of law, any recommendation or commencement of 

19 a disposal or realignment of civilian real property shall not 

20 be subject to— 

21 ‘‘(1) the first section through section 3 of the 

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

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

24 States Code; 


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

2 Code; 

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

4 United States Code; 

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

6 Code; 

7 ‘‘(6) section 501 of the McKinney-Vento Home8 less Assistance Act (42 U.S.C. 11411); 

9 ‘‘(7) section 47151 of title 49, United States 

10 Code; 

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

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

13 ‘‘(9) any other provision of law authorizing the 

14 conveyance of real property under the administrative 

15 jurisdiction of the Federal Government for no con16 sideration; or 

17 ‘‘(10) any congressional notification require18 ment (other than that under section 545(e)(2) of 

19 title 40, United States Code). 

20 ‘‘(b) CONTINUATION OF CERTAIN REQUIREMENTS.— 

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

22 other required environmental or historical review, record23 keeping, or notice requirement otherwise applicable to a 

24 conveyance of Federal civilian real property. 

25 ‘‘(c) PUBLIC BENEFIT.— 


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

2 the Board determines should be reviewed for poten3 tial use for the homeless or for any other public ben4 efit under a provision of law described in subsection 

5 (a), the Board shall submit to the Secretary, on the 

6 same date on which the report of the Board is sub7 mitted to the President under section 12(g), any 

8 such information on the building or property that 

9 concerns the decision regarding the disposal of the 

10 civilian property. 

11 ‘‘(2) ACTION BY SECRETARY.—Not later than 

12 30 days after the date on which the Board makes 

13 a submission of information under subsection (a), 

14 the Secretary shall provide to the Board a report 

15 summarizing a determination of the suitability of the 

16 civilian real properties recommended to be disposed 

17 as properties appropriate for use in assisting the 

18 homeless. 

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

20 days after the date on which the Board submits a 

21 report to the President under section 12(g) and the 

22 recommendations of the Board are released to the 

23 public, any representatives of the homeless proposing 

24 interest in the use of property that the Board has 

25 determined should be reviewed for potential use by 


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1 the homeless or for any other public benefit under 

2 a provision of law described in subsection (a) may 

3 submit a notice of interest to the Board and the 

4 Secretary that contains— 

5 ‘‘(A) a description of the homeless assist6 ance program that the representative proposes 

7 to carry out at the installation; 

8 ‘‘(B) an assessment of the need for the 

9 program; 

10 ‘‘(C) a description of the extent to which 

11 the program is or will be coordinated with other 

12 homeless assistance programs in the commu13 nities in the vicinity of the property; 

14 ‘‘(D) a description of the buildings and 

15 property that are necessary in order to carry 

16 out the program; 

17 ‘‘(E) a description of the financial plan, 

18 the organization, and the organizational capac19 ity of the representative to carry out the pro20 gram; and 

21 ‘‘(F) an assessment of the time required to 

22 commence implementation of the program. 

23 ‘‘(4) HUD APPROVAL.—The Secretary shall— 

24 ‘‘(A) not later than 60 days after the date 

25 on which the Board submits the report to the 


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1 President under section 12(g), review and cer2 tify submissions under this subsection from rep3 resentatives of the homeless; and 

4 ‘‘(B) if more than 1 notice of interest is 

5 entered for a property, indicate to the Board 

6 which planned use of the property for the 

7 homeless has more merit. 

8 ‘‘(5) INTERESTED PARTIES.— 

9 ‘‘(A) IN GENERAL.—Not later than 30 

10 days after the date on which the Board submits 

11 the report to the President under section 12(g) 

12 and the recommendations of the Board are pub13 licly released, any parties proposing interest in 

14 a property that the Board has determined 

15 should be reviewed for any other public benefit 

16 programs described in subsection (a), for a use 

17 that is not homeless assistance, may submit a 

18 notice of interest to the Board and to the Fed19 eral agency that is otherwise tasked by law to 

20 review applications for the public benefit con21 veyance program under which the party is ap22 plying. 

23 ‘‘(B) REQUIREMENTS.—A notice of inter24 est under this paragraph shall contain the inVerDate Sep 11 2014 23:46 May 28, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538

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1 formation otherwise required by the law estab2 lishing the public benefit conveyance program. 

3 ‘‘(6) ASSESSMENT OF VALIDITY AND MERIT.— 

4 ‘‘(A) IN GENERAL.—A Federal agency that 

5 has been tasked with reviewing applications for 

6 public benefit conveyance programs, and that 

7 receives a notice of interest with information 

8 pertaining to the certification of the validity of 

9 a proposed public benefit conveyance operating 

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

11 are not homeless assistance, shall— 

12 ‘‘(i) review and certify submissions 

13 from parties proposing such future use for 

14 the property; and 

15 ‘‘(ii) not later than 60 days after the 

16 date on which the Board submits the re17 port to the President under section 12(g), 

18 submit to the Board an assessment of the 

19 validity and merits of the information con20 tained in the notice of interest. 

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

22 notice of interest is entered for a property, the 

23 head of the reviewing agency shall indicate to 

24 the Board which planned use of the property 

25 has more merit. 


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1 ‘‘(7) COMPILATION OF INFORMATION AND AS2 SESSMENTS.—The Board shall— 

3 ‘‘(A) compile all information and assess4 ments regarding submitted notices of interest 

5 about properties; and 

6 ‘‘(B) as soon as practicable after the date 

7 on which the recommendations of the Board are 

8 required to be implemented by Federal agencies 

9 under section 14(i), forward the information 

10 and assessments to the Federal agencies that 

11 maintain custody and control over the civilian 

12 real properties to be disposed for use in imple13 menting the recommendations of the Board. 

14 ‘‘(8) USE OF PROPERTY.— 

15 ‘‘(A) IN GENERAL.—If a property reviewed 

16 by the Secretary is determined to be fit for use 

17 by the homeless and the Secretary has identi18 fied a representative of the homeless whose no19 tice of interest is certified, or, in the event of 

20 more than 1 notice of interest on the property, 

21 whose notice of interest is determined by the 

22 Secretary to have the most merit, the Federal 

23 agency maintaining custody or control of the 

24 property, in accordance with subsection (a), 

25 shall commence conveyance of the property to 


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•S 1538 IS

1 that representative of the homeless after the 

2 date on which the recommendations of the 

3 Board are required to be implemented by Fed4 eral agencies under section 14(i). 

5 ‘‘(B) UNFIT FOR USE; NO NOTICE OF IN6 TEREST.—If a property reviewed by the Sec7 retary is determined to be unfit for use by the 

8 homeless, or if there is no identified notice of 

9 interest on the property by a representative of 

10 the homeless, the Federal agency maintaining 

11 custody or control of the property shall deter12 mine whether— 

13 ‘‘(i) there are any parties that have 

14 expressed interest in the property for a use 

15 described in subsection (a) other than 

16 homeless assistance; and 

17 ‘‘(ii) any Federal reviewing agency 

18 has certified 1 of those uses. 

19 ‘‘(C) CONVEYANCE.—If a Federal agency 

20 maintaining custody or control of a property de21 termines that there is an identified notice of in22 terest in the property for a certified use under 

23 subparagraph (B), as soon as practicable after 

24 the date on which the recommendations of the 

25 Board are required to be implemented by FedVerDate Sep 11 2014 23:46 May 28, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538

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1 eral agencies under section 14(i), the Federal 

2 agency shall— 

3 ‘‘(i) commence conveyance of the 

4 property to the party that proposed the 

5 certified use; and 

6 ‘‘(ii) if more than 1 party has ex7 pressed interest in the property— 

8 ‘‘(I) select which party shall re9 ceive the property; and 

10 ‘‘(II) commence conveyance of 

11 the property to the party. 

12 ‘‘(9) OTHER OPTIONS FOR USE OF PROP13 ERTY.—If, after the date on which the recommenda14 tions of the Board are required to be implemented 

15 by Federal agencies under section 14(i), a property 

16 does not qualify, or there is no interest in a property 

17 reviewed, for 1 of the uses described in subsection 

18 (a), a Federal agency may select among any other 

19 remaining ways to implement the recommendations 

20 of the Board with respect to the property. 

21 ‘‘(d) ENVIRONMENTAL CONSIDERATIONS.— 

22 ‘‘(1) NEPA APPLICATION.—Nothing in this Act 

23 modifies, alters, or amends the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 


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1 ‘‘(2) DISPOSAL OR REALIGNMENT OF PROP2 ERTY.—A Federal agency may dispose of or realign 

3 property without regard to any provision of law, as 

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

5 funds for disposal or realignment of Federal civilian 

6 real property included in any appropriations or au7 thorization Act. 

8 ‘‘(3) TRANSFER OF REAL PROPERTY.— 

9 ‘‘(A) IN GENERAL.—In implementing rec10 ommendations of the Board under section 14(i) 

11 for properties that have been identified in those 

12 recommendations and are in compliance with 

13 CERCLA, including section 120(h) of that Act 

14 (42 U.S.C. 9620(h)), a Federal agency may 

15 enter into an agreement with any person to 

16 transfer real property by deed. 

17 ‘‘(B) ADDITIONAL TERMS.— 

18 ‘‘(i) IN GENERAL.—The head of the 

19 Federal agency disposing of property under 

20 this paragraph may require any additional 

21 terms and conditions in connection with an 

22 agreement authorized by subparagraph (A) 

23 as are appropriate to protect the interests 

24 of the United States. 


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1 ‘‘(ii) NO EFFECT ON RIGHTS AND OB2 LIGATIONS.—Additional terms and condi3 tions described in clause (i) shall not affect 

4 or diminish any right or obligation of a 

5 Federal agency under section 120(h) of 

6 CERCLA (42 U.S.C. 9620(h)). 

7 ‘‘(4) INFORMATION DISCLOSURE.—As part of 

8 an agreement pursuant to this Act, a Federal agency 

9 shall disclose to the person to whom property or fa10 cilities will be transferred, before entering into any 

11 agreement with the person, any information of the 

12 Federal agency regarding the environmental restora13 tion, waste management, and environmental compli14 ance activities described in this Act that relate to 

15 the property or facilities. 

16 ‘‘(e) CONSTRUCTION OF CERTAIN ACTS.—Nothing in 

17 this section modifies, alters, or amends— 

18 ‘‘(1) CERCLA; or 

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

20 6901 et seq.).’’. 

21 SEC. 9. ALLOCATION OF PROCEEDS. 

22 Section 22 of the Federal Assets Sale and Transfer 

23 Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) 

24 (as redesignated by section 7(a)) is amended to read as 

25 follows: 


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1 ‘‘SEC. 22. ALLOCATION OF PROCEEDS. 

2 ‘‘(a) IN GENERAL.—Section 571 of title 40, United 

3 States Code, is amended by striking subsections (a) and 

4 (b) and inserting the following: 

5 ‘‘ ‘(a) PROCEEDS FROM TRANSFER OR SALE OF

6 REAL PROPERTY.—Net proceeds described in subsection 

7 (b) shall be deposited as miscellaneous receipts in the gen8 eral fund of the Treasury. 

9 ‘‘ ‘(b) NET PROCEEDS.—The net proceeds described 

10 in this subsection are proceeds under this chapter, less ex11 penses of the transfer or disposition as provided in section 

12 572(a), from a sale, lease, or other disposition of surplus 

13 real property.’. 

14 ‘‘(b) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date on which the 

16 Board is terminated pursuant to section 10 and shall not 

17 apply to proceeds from transactions conducted under sec18 tion 15.’’. 

19 SEC. 10. CONGRESSIONAL APPROVAL OF PROPOSED 

20 PROJECTS. 

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

22 amended— 

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

24 end; 

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

26 the end and inserting a semicolon; and 


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1 (3) adding at the end the following: 

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

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

4 ‘‘(A) the total estimated legal obligations 

5 of the Federal Government over the life of the 

6 contract; and 

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

8 and 

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

10 construction, alteration, or acquisition of the build11 ing or space to be leased, a statement by the Admin12 istrator describing the use of life-cycle cost analysis 

13 and any increased design, construction, or acquisi14 tion costs identified by the analysis that are offset 

15 by lower long-term costs.’’. 

16 SEC. 11. LIMITATION OF CERTAIN LEASING AUTHORITIES. 

17 (a) LIMITATION ON CERTAIN LEASING AUTHORI18 TIES.—Chapter 33 of title 40, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘§ 3318. Limitation on leasing authority of other 

21 agencies 

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

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

24 ‘‘(b) LEASING AUTHORITY.— 


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

2 provision of law, subject to paragraph (2), no execu3 tive agency may lease space for the purposes of a 

4 public building, except as provided in section 585 

5 and this chapter. 

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

7 apply to the United States Postal Service, the De8 partment of Veterans Affairs, or any property the 

9 President excludes for reasons of national security. 

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

11 ‘‘(1) establishes any new authority for an execu12 tive agency to enter into a lease; or 

13 ‘‘(2) limits the authority of the Administrator 

14 under section 3315.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 33 of title 40, United States Code, is amended by add17 ing at the end the following: 

‘‘3318. Limitation on leasing authority of other agencies.’’. 

Æ 


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