IIB 
112TH CONGRESS 
2D SESSION 
H. R. 1734 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 9, 2012 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
To decrease the deficit by realigning, consolidating, selling, 
disposing, and improving the efficiency of Federal build-
ings and other civilian real property, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Civilian Property Re-
alignment Act’’ or ‘‘CPRA’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to consolidate the footprint of Federal 
buildings and facilities; 
(2) to maximize the utilization rate of Federal 
buildings and facilities; 
(3) to reduce the reliance on leased space; 
(4) to sell or redevelop high value assets that 
are underutilized to obtain the highest and best 
value for the taxpayer and maximize the return to 
the taxpayer; 
(5) to reduce the operating and maintenance 
costs of Federal civilian real properties through the 
realignment of real properties by consolidating, co- 
locating, and reconfiguring space, and other oper-
ational efficiencies; 
(6) to reduce redundancy, overlap, and costs as-
sociated with field offices; 
(7) to create incentives for Federal agencies to 
achieve greater efficiency in their inventories of civil-
ian real property; 
(8) to facilitate and expedite the sale or dis-
posal of unneeded civilian properties; and 
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(9) to assist Federal agencies in achieving the 
Government’s sustainability goals by reducing excess 
space, inventory, and energy consumption, as well as 
by leveraging new technologies. 
SEC. 3. DEFINITIONS. 
In this Act, unless otherwise expressly stated, the fol-
lowing definitions apply: 
(1) FEDERAL CIVILIAN REAL PROPERTY AND 
CIVILIAN REAL PROPERTY.— 
(A) PROPERTY.—The terms ‘‘Federal civil-
ian real property’’ and ‘‘civilian real property’’ 
refer to Federal real property assets, including 
public buildings as defined in section 3301 of 
title 40, United States Code, occupied and im-
proved grounds, leased space, or other physical 
structures under the custody and control of any 
Federal agency. 
(B) 
FURTHER
EXCLUSIONS.—Subpara-
graph (A) shall not be construed as including 
any of the following types of property: 
(i) A base, camp, post, station, yard, 
center, homeport facility for any ship, or 
any activity under the jurisdiction of the 
Department of Defense or Coast Guard. 
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(ii) Properties that are excluded for 
reasons of national security by the Direc-
tor of the Office of Management and 
Budget. 
(iii) Properties that are excepted from 
the definition of ‘‘property’’ under section 
102(9) of title 40, United States Code. 
(iv) Indian and Native Alaskan prop-
erties including— 
(I) any property within the limits 
of any Indian reservation to which the 
United States owns title for the ben-
efit of an Indian tribe; and 
(II) any property title which is 
held in trust by the United States for 
the benefit of any Indian tribe or indi-
vidual or held by an Indian tribe or 
individual subject to restriction by the 
United States against alienation. 
(v) Properties operated and main-
tained by the Tennessee Valley Authority 
pursuant to the Tennessee Valley Author-
ity Act of 1933 (16 U.S.C. 831 et seq.). 
(vi) Postal properties owned by the 
United States Postal Service. 
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(vii) Properties used in connection 
with Federal programs for agricultural, 
recreational, and conservation purposes, in-
cluding research in connection with the 
programs. 
(viii) Properties used in connection 
with river, harbor, flood control, reclama-
tion, or power projects. 
(ix) Properties located outside the 
United States operated or maintained by 
the Department of State or the United 
States Agency for International Develop-
ment. 
(2) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means an executive department or inde-
pendent establishment in the executive branch of the 
Government, and a wholly owned Government cor-
poration. 
(3) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Civilian Property Realignment Commis-
sion. 
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(5) OMB.—The term ‘‘OMB’’ means the Office 
of Management and Budget. 
(6) FIELD
OFFICE.—The term ‘‘field office’’ 
means any Federal office that is not the Head-
quarters office location for the Federal agency. 
SEC. 4. COMMISSION. 
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the Civilian Property 
Realignment Commission, referred to in this Act as the 
‘‘Commission’’. 
(b) DUTIES.—The Commission shall carry out the 
duties as specified in this Act. 
(c) MEMBERSHIP.— 
(1) IN
GENERAL.—The Commission shall be 
composed of a Chairperson appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate, and eight members appointed by the President. 
(2) APPOINTMENTS.—In selecting individuals 
for appointments to the Commission, the President 
shall consult with— 
(A) the Speaker of the House of Rep-
resentatives concerning the appointment of two 
members; 
(B) the majority leader of the Senate con-
cerning the appointment of two members; 
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(C) the minority leader of the House of 
Representatives concerning the appointment of 
one member; and 
(D) the minority leader of the Senate con-
cerning the appointment of one member. 
(3) TERMS.—The term for each member of the 
Commission shall be 6 years. 
(4) VACANCIES.—Vacancies shall be filled in 
the same manner as the original appointment. 
(5) QUALIFICATIONS.—In selecting individuals 
for appointment to the Commission, the President 
shall ensure the Commission contains individuals 
with expertise representative of the following: 
(A) Commercial real estate and redevelop-
ment. 
(B) Government management or oper-
ations. 
(C) Community development, including 
transportation and planning. 
(D) Historic preservation. 
SEC. 5. COMMISSION MEETINGS. 
(a) OPEN MEETINGS.—Each meeting of the Commis-
sion, other than meetings in which classified information 
is to be discussed, shall be open to the public. Any open 
meeting shall be announced in the Federal Register and 
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the Federal website established by the Commission at least 
14 calendar days in advance of a meeting. For all public 
meetings, the Commission shall release an agenda and a 
listing of materials relevant to the topics to be discussed. 
(b) QUORUM AND MEETINGS.—Seven Commission 
members shall constitute a quorum for the purposes of 
conducting business and three or more Commission mem-
bers shall constitute a meeting of the Commission. 
(c) TRANSPARENCY OF INFORMATION.—All the pro-
ceedings, information, and deliberations of the Commis-
sion shall be open, upon request, to the Chairperson and 
the ranking minority party member, and their respective 
subcommittee Chairperson and ranking minority party 
member, of— 
(1) the Committee on Transportation and In-
frastructure of the House of Representatives; 
(2) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; 
(3) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(4) the Committee on Environmental and Pub-
lic Works of the Senate; and 
(5) the committees on Appropriations of the 
House of Representatives and the Senate. 
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(d) GOVERNMENT ACCOUNTABILITY OFFICE.—All 
proceedings, information, and deliberations of the Com-
mission shall be open, upon request, to the Comptroller 
General of the United States. 
SEC. 6. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.— 
(1) RATE OF PAY FOR MEMBERS.—Each mem-
ber, other than the Chairperson, shall be paid at a 
rate equal to the daily equivalent of the minimum 
annual rate of basic pay payable for level IV of the 
Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel 
time) during which the member is engaged in the ac-
tual performance of duties vested in the Commis-
sion. 
(2) RATE
OF
PAY
FOR
CHAIRPERSON.—The 
Chairperson shall be paid for each day referred to 
in paragraph (1) at a rate equal to the daily equiva-
lent of the minimum annual rate of basic pay pay-
able for level III of the Executive Schedule under 
section 5314, of title 5, United States Code. 
(b) TRAVEL.—Members shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance 
with sections 5702 and 5703 of title 5, United States 
Code. 
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SEC. 7. EXECUTIVE DIRECTOR. 
(a) APPOINTMENT.—The Commission shall appoint 
an Executive Director and may disregard the provisions 
of title 5, United States Code, governing appointments in 
the competitive service. 
(b) RATE OF PAY FOR DIRECTOR.—The Executive 
Director shall be paid at the rate of basic pay payable 
for level IV of the Executive Schedule under section 5315 
of title 5, United States Code. 
SEC. 8. STAFF. 
(a) ADDITIONAL PERSONNEL.—Subject to subsection 
(b), the Executive Director, with the approval of the Com-
mission, may appoint and fix the pay of additional per-
sonnel. 
(b) DETAIL EMPLOYEES FROM OTHER AGENCIES.— 
Upon request of the Executive Director, the head of any 
Federal agency may detail any of the personnel of that 
agency to the Commission to assist the Commission in car-
rying out its duties under this Act. 
(c) QUALIFICATIONS.—Appointments shall be made 
with consideration of a balance of expertise consistent with 
the qualifications of representatives described in section 
4(c)(5). 
SEC. 9. CONTRACTING AUTHORITY. 
(a) EXPERTS AND CONSULTANTS.—The Commission, 
to the extent practicable and subject to appropriations 
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made by law, shall use existing contracts entered into by 
the Administrator for services necessary to carry out the 
duties of the Commission. 
(b) SPACE.—The Administrator, in consultation with 
the Commission, shall identify suitable excess space within 
the Federal space inventory to house the operations of the 
Commission. 
(c) PERSONAL PROPERTY.—The Commission shall 
use personal property already in the custody and control 
of the Administrator. 
(d) USE OF SMALL BUSINESSES.—In exercising its 
authorities under this section and section 12, the Commis-
sion shall use, to the greatest extent practicable, small 
businesses as defined by section 3 of the Small Business 
Act (15 U.S.C. 632). 
SEC. 10. TERMINATION. 
The Commission shall cease operations and terminate 
6 years after the date of enactment of this Act. 
SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO THE 
COMMISSION. 
(a) SUBMISSIONS
OF AGENCY INFORMATION
AND 
RECOMMENDATIONS.—Not later than 120 days after the 
date of enactment of this Act and 120 days after the be-
ginning of each fiscal year thereafter, the head of each 
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Federal agency shall submit to the Administrator and the 
Director of OMB the following: 
(1) CURRENT DATA.—Current data of all Fed-
eral civilian real properties owned, leased, or con-
trolled by the respective agency, including all rel-
evant information prescribed by the Administrator 
and the Director of OMB, including data related to 
the age and condition of the property, operating 
costs, history of capital expenditures, sustainability 
metrics, number of Federal employees and functions 
housed in the respective property, and square foot-
age (including gross, rentable, and usable). 
(2) 
AGENCY
RECOMMENDATIONS.—Rec-
ommendations which shall include the following: 
(A) Federal civilian properties that can be 
sold for proceeds and otherwise disposed of, re-
ported as excess, declared surplus, or otherwise 
no longer meeting the needs of the agency, ex-
cluding leasebacks or other such exchange 
agreements where the property continues to be 
used by the agency. 
(B) Federal civilian properties that can be 
transferred, exchanged, consolidated, co-located, 
reconfigured, or redeveloped, so as to reduce 
the civilian real property inventory, reduce the 
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operating costs of the Government, and create 
the highest value and return for the taxpayer. 
(C) Operational efficiencies that the Gov-
ernment can realize in its operation and main-
tenance of Federal civilian real properties. 
(b) STANDARDS AND CRITERIA.—Not later than 60 
days after the date specified in subsection (a), the Director 
of OMB, in consultation with the Administrator, shall re-
view agency recommendations submitted pursuant to sub-
section (a), and develop consistent standards and criteria 
against which agency recommendations will be reviewed. 
The Director of OMB and the Administrator shall develop 
recommendations to the Commission based on those 
standards and criteria. In developing the standards and 
criteria, the Director of OMB, in consultation with the Ad-
ministrator, shall incorporate the following: 
(1) The extent to which the Federal building or 
facility could be sold (including property that is no 
longer meeting the needs of the Federal Govern-
ment), redeveloped, or otherwise used to produce the 
highest and best value and return for the taxpayer. 
(2) The extent to which the operating and 
maintenance costs are reduced through consoli-
dating, co-locating, and reconfiguring space, and 
through realizing other operational efficiencies. 
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(3) The extent to which the utilization rate is 
being maximized and is consistent with non-govern-
mental industry standards for the given function or 
operation. 
(4) The extent and timing of potential costs 
and savings, including the number of years, begin-
ning with the date of completion of the proposed rec-
ommendation. 
(5) The extent to which reliance on leasing for 
long-term space needs is reduced. 
(6) The extent to which a Federal building or 
facility aligns with the current mission of the Fed-
eral agency. 
(7) The extent to which there are opportunities 
to consolidate similar operations across multiple 
agencies or within agencies. 
(8) The economic impact on existing commu-
nities in the vicinity of the Federal building or facil-
ity. 
(9) The extent to which energy consumption is 
reduced. 
(c) SPECIAL RULE
FOR UTILIZATION RATES.— 
Standards developed by the Director of OMB must incor-
porate and apply clear standard utilization rates con-
sistent throughout each category of space and with non-
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government space utilization rates. To the extent the 
space utilization rates of a given agency fall below the uti-
lization rates to be applied under this subsection, the Di-
rector may recommend realignment, co-location, consolida-
tion, or other type of action to improve space utilization. 
(d) SUBMISSION TO THE COMMISSION.— 
(1) IN GENERAL.—The standards, criteria, and 
recommendations developed pursuant to subsection 
(b) shall be submitted to the Commission with all 
supporting information, data, analyses, and docu-
mentation. 
(2) PUBLICATION.—The standards, criteria, 
and recommendations shall be published in the Fed-
eral Register and transmitted to the committees des-
ignated in section 5(c) and to the Comptroller Gen-
eral of the United States. 
(3) ACCESS TO INFORMATION.—The Commis-
sion shall also have access to all information per-
taining to the recommendations, including sup-
porting information, data, analyses, and documenta-
tion submitted pursuant to subsection (a). Upon re-
quest, Federal agencies shall provide, the Commis-
sion any additional information pertaining to its 
properties. 
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SEC. 12. COMMISSION DUTIES. 
(a) IDENTIFICATION OF PROPERTY REDUCTION OP-
PORTUNITIES.—The Commission shall identify opportuni-
ties for the Government to reduce significantly its inven-
tory of civilian real property and reduce costs to the Gov-
ernment. 
(b) IDENTIFICATION OF HIGH VALUE ASSETS.— 
(1) 
IDENTIFICATION
OF
CERTAIN
PROP-
ERTIES.—Not later than 180 days after Commission 
members are appointed pursuant to section 4, the 
Commission shall identify not less than 5 Federal 
properties that are not on the list of surplus or ex-
cess as of such date with a total fair market value 
of not less than $500,000,000 and transmit the list 
to the President and Congress as Commission rec-
ommendations and subject to the approval process 
described in sections 13 and 14. 
(2) INFORMATION
AND
DATA.—In order to 
meet the goal established under paragraph (1), Fed-
eral agencies shall provide, upon receipt, any and all 
information and data regarding its properties to the 
Commission. The Commission shall notify the com-
mittees listed under section 5(c) of any failure by 
any agency to comply with a request of the Commis-
sion. 
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(c) ANALYSIS
OF INVENTORY.—The Commission 
shall perform an independent analysis of the inventory of 
Federal civilian real property and the recommendations 
submitted pursuant to section 11. The Commission shall 
not be bound or limited by the recommendations sub-
mitted pursuant to section 11. If, in the opinion of the 
Commission, an agency fails to provide needed informa-
tion, data or adequate recommendations that meet the 
standards and criteria, the Commission shall develop such 
recommendations as it considers appropriate based on ex-
isting data contained in the Federal Real Property Profile 
or other relevant information. 
(d) RECEIPT OF INFORMATION AND PROPOSALS.— 
Notwithstanding any other provision of law, the Commis-
sion may receive and consider proposals, information, and 
other data submitted by State and local officials and the 
private sector. Such information shall be made publically 
available. 
(e) ACCOUNTING SYSTEM.—Not later than 120 days 
after the date of enactment of this Act, the Commission 
shall identify or develop and implement a system of ac-
counting to be used to independently evaluate the costs 
of and returns on the recommendations. Such accounting 
system shall be applied in developing the Commission’s 
recommendations and determining the highest return to 
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the taxpayer. In applying the accounting system, the Com-
mission shall set a standard performance period. 
(f) PUBLIC HEARING.—The Commission shall con-
duct public hearings. All testimony before the Commission 
at a public hearing under this paragraph shall be pre-
sented under oath. 
(g) REPORTING
OF
INFORMATION
AND
REC-
OMMENDATIONS.— 
(1) IN
GENERAL.—Not later than 120 days 
after the receipt of recommendations pursuant to 
section 11, and annually thereafter, the Commission 
shall transmit to the President, and publicly post on 
a Federal website maintained by the Commission a 
report containing the Commission’s findings, conclu-
sions, and recommendations for the consolidation, 
exchange, co-location, reconfiguration, lease reduc-
tions, sale, and redevelopment of Federal civilian 
real properties and for other operational efficiencies 
that can be realized in the Government’s operation 
and maintenance of such properties. 
(2) RECOMMENDATIONS
FOR
SALE
OR
DIS-
POSAL OF PROPERTY.—To the extent the Commis-
sion recommendations include the sale or disposal of 
real property, these properties may be reported as 
excess, declared surplus, or determined as no longer 
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meeting the needs of the Federal Government, ex-
cluding leasebacks or other such exchange agree-
ments where the property continues to be used by 
the Federal Government. 
(3) CONSENSUS IN MAJORITY.—The Commis-
sion shall seek to develop consensus recommenda-
tions, but if a consensus cannot be obtained, the 
Commission may include in its report recommenda-
tions that are supported by a majority of the Com-
mission. 
(h) FEDERAL WEBSITE.—The Commission shall es-
tablish and maintain a Federal website for the purposes 
of making relevant information publically available. 
(i) REVIEW BY GAO.—The Comptroller General of 
the United States shall transmit to the Congress and to 
the Commission a report containing a detailed analysis of 
the recommendations and selection process. 
SEC. 13. REVIEW BY THE PRESIDENT. 
(a) REVIEW OF RECOMMENDATIONS.—Upon receipt 
of the Commission’s recommendations, the President shall 
conduct a review of such recommendations. 
(b) REPORT TO COMMISSION AND CONGRESS.—Not 
later than 30 days after receipt of the Commission’s rec-
ommendations, the President shall transmit to the Com-
mission and Congress a report that sets forth the Presi-
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dent’s approval or disapproval of the Commission’s rec-
ommendations. 
(c) APPROVAL OR DISAPPROVAL.—If the President— 
(1) approves of the Commission’s recommenda-
tions, the President shall transmit a copy of the rec-
ommendations to Congress, together with a certifi-
cation of such approval; 
(2) disapproves of the Commission’s rec-
ommendations, in whole or in part, the President 
shall also transmit to the Commission and Congress 
the reasons for such disapproval. The Commission 
shall then transmit to the President, not later than 
30 days following the disapproval, a revised list of 
recommendations; 
(3) approves all of the revised recommendations 
of the Commission, the President shall transmit a 
copy of such revised recommendations to Congress, 
together with a certification of such approval; or 
(4) does not transmit to the Congress an ap-
proval and certification described in paragraphs (1) 
or (3) within 30 days of receipt of the Commission’s 
recommendations or revised recommendations, as 
the case may be, the process shall terminate until 
the following year. 
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SEC. 14. CONGRESSIONAL CONSIDERATION OF THE REC-
OMMENDATIONS. 
(a) JOINT RESOLUTION OF APPROVAL.—If a House 
of Congress has not taken a vote on final passage of a 
joint resolution as described in subsection (c) within 45 
days after the President’s transmission to that House of 
the approved recommendations pursuant to section 13, 
then such vote shall be taken on the next day of session 
following the expiration of the 45-day period. 
(b) COMPUTATION OF TIME PERIOD.—For the pur-
poses of this section, the days on which either House of 
Congress is not in session because of adjournment of more 
than three days shall be excluded in the computation of 
the period of time. 
(c) TERMS OF THE RESOLUTION.—For purposes of 
this section, the term ‘‘joint resolution’’ means only a joint 
resolution— 
(1) which does not have a preamble; 
(2) the matter after the resolving clause of 
which is as follows: ‘‘That Congress approves the 
recommendations of the Civilian Property Realign-
ment Commission as submitted by the President on 
lllllllll, and notwithstanding any 
other provision of law, the Federal agencies shall im-
plement and carry out all of the Commission’s rec-
ommendations pursuant to section 15 of the Civilian 
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‘‘(2) FEDERAL
BUILDINGS
SUBJECT
TO
RE-
QUIREMENT.—A public building is subject to the re-
quirement under paragraph (1) if— 
‘‘(A) construction or lease of the building 
begins after the date of the enactment of the 
Civilian Property Realignment Act; 
‘‘(B) the estimated construction costs of 
the building exceed $1,000,000; 
‘‘(C) in the case of a lease, the square foot-
age of the property is more than 25,000 square 
feet; and 
‘‘(D) Federal funding comprises more than 
50 percent of the funding for the estimated 
construction or lease costs of the building. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) LIFE-CYCLE COST.—The term ‘life- 
cycle cost’ means the sum of the following 
costs, as estimated for the lifetime of a build-
ing: 
‘‘(i) Investment costs. 
‘‘(ii) Capital costs. 
‘‘(iii) Installation costs. 
‘‘(iv) Energy costs. 
‘‘(v) Operating costs. 
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‘‘(vi) Maintenance costs. 
‘‘(vii) Replacement costs. 
‘‘(B) LIFETIME
OF
A
BUILDING.—The 
term ‘lifetime of a building’ means, with respect 
to a building, the greater of— 
‘‘(i) the period of time during which 
the building is projected to be utilized; or 
‘‘(ii) 50 years.’’. 
SEC. 24. LONG-TERM SAVINGS THROUGH LIFE-CYCLE COST 
ANALYSIS. 
Section 3307(b) of title 40, United States Code, as 
amended by section 19, is further amended— 
(1) in paragraph (7), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (8), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(9) with respect to any prospectus for the con-
struction, alteration, or acquisition of any building 
or space to be leased, a statement by the Adminis-
trator describing the use of life-cycle cost analysis 
and any increased design, construction, or acquisi-
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