I 

115TH CONGRESS 

2D SESSION H. R. 5320 

To amend title 10, United States Code, to prohibit the Secretary of a 

military department from entering into a lease of real property for 

the use of the department unless the Secretary first certifies that facilities of real property owned by the United States may not be reconfigured 

to support the purpose of the proposed lease in an appropriate and 

cost-effective manner, to require the Secretary of the Defense to provide 

more accurate information on the costs incurred in leasing real property 

for the use of the Department of Defense, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2018 

Mr. MEADOWS (for himself and Mrs. BUSTOS) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to prohibit the Secretary of a military department from entering into a 

lease of real property for the use of the department 

unless the Secretary first certifies that facilities of real 

property owned by the United States may not be reconfigured to support the purpose of the proposed lease 

in an appropriate and cost-effective manner, to require 

the Secretary of the Defense to provide more accurate 

information on the costs incurred in leasing real property 

for the use of the Department of Defense, and for other 

purposes. 


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•HR 5320 IH

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 ‘‘Responsible DOD 

5 Leasing Act of 2018’’. 

6 SEC. 2. REQUIRING CERTIFICATION BY SECRETARIES OF 

7 MILITARY DEPARTMENTS PRIOR TO ENTER8 ING INTO LEASES THAT PROPERTY OWNED 

9 BY UNITED STATES IS NOT AVAILABLE TO 

10 CARRY OUT PURPOSE OF LEASE. 

11 (a) ADDITIONAL REQUIREMENT IN REPORTS ON

12 LEASES OF REAL PROPERTY.—Section 2662(a)(5)(B) of 

13 title 10, United States Code, as amended by section 2812 

14 of the National Defense Authorization Act for Fiscal Year 

15 2018 (Public Law 115–91; 131 Stat. 1849), is amended— 

16 (1) by striking ‘‘or’’ at the end of clause (ii); 

17 (2) by striking the period at the end of clause 

18 (iii) and inserting ‘‘; or’’; and 

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

20 clause: 

21 ‘‘(iv) facilities in property under the juris22 diction of the Department of Defense may not 

23 be reconfigured to support the purpose of the 

24 proposed lease in an appropriate and cost-effec25 tive manner.’’. 


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•HR 5320 IH

1 (b) EFFECTIVE DATE; NOTICE OF COMPLIANCE.— 

2 (1) EFFECTIVE DATE.—The amendment made 

3 by subsection (a) shall apply with respect to leases 

4 entered into or renewed on or after the expiration of 

5 the 60-day period which begins on the date of the 

6 enactment of this Act. 

7 (2) REPORT ON STEPS TAKEN TO ENSURE FU8 TURE COMPLIANCE.—Upon the completion of any 

9 general steps necessary to ensure that the Depart10 ment of Defense will be able to meet the require11 ments of subsection (a)(5) of section 2662 of title 

12 10, United States Code (as amended by subsection 

13 (a)) with respect to all leases entered into or re14 newed after the expiration of the period described in 

15 paragraph (1), including the promulgation of any 

16 regulations or the issuance of other guidance, the 

17 Secretary of Defense shall submit a one-time report 

18 to the Committees on Armed Services of the House 

19 of Representatives and Senate and shall post a copy 

20 of the report on the public website of the Depart21 ment of Defense. 


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•HR 5320 IH

1 SEC. 3. IMPROVING ACCURACY OF INFORMATION IN RE2 PORTS BY SECRETARY OF DEFENSE ON REAL 

3 PROPERTY LEASES. 

4 (a) INFORMATION ON COSTS OF LEASES.—In pre5 paring any inventory or report on real property leased by 

6 the Department of Defense, including information on 

7 property included in a Base Structure Report and infor8 mation in the Real Property Asset Database of the De9 partment of Defense, the Secretary of Defense shall— 

10 (1) in the case of a lease which covers multiple 

11 assets of the Department, provide a separate break12 down of the rent and other costs (including parking) 

13 associated with each such asset; and 

14 (2) in the case of real property which is subject 

15 to multiple leases entered into by the Department, 

16 provide a separate breakdown for each such lease 

17 and the costs associated with each such lease. 

18 (b) REPORT.—Not later than 1 year after the date 

19 of the enactment of this Act, or at the time of publishing 

20 the next Base Structure Report prepared after the date 

21 of the enactment of this Act (whichever occurs earlier), 

22 the Secretary of Defense shall submit to the Committees 

23 on Armed Services of the House of Representatives and 

24 Senate a report detailing the steps the Secretary has taken 

25 to ensure compliance with the requirements of subsection 

26 (a). 


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•HR 5320 IH

1 SEC. 4. REVIEW BY GOVERNMENT ACCOUNTABILITY OF2 FICE. 

3 Not later than 1 year after the date on which the 

4 Secretary of Defense submits the one-time report required 

5 under paragraph (2) of section 2(b), the Comptroller Gen6 eral of the United States shall prepare and submit to Con7 gress a report on— 

8 (1) the extent to which the Department is in 

9 compliance with subsection (a)(5) of section 2662 of 

10 title 10, United States Code (as amended by section 

11 2(a)), including the regulations and guidance pro12 mulgated and issued by the Secretary to ensure com13 pliance with such subsection, as of the date on which 

14 the Secretary submits the report; and 

15 (2) the extent to which the Secretary is includ16 ing the information required under section 3 in in17 ventories and reports on real property leased by the 

18 Department, as of the date on which the Secretary 

19 submits the report. 

Æ 


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