HR 1734 RFS
H. R. 1734
IN THE SENATE OF THE UNITED STATES
February 9, 2012
February 9, 2012
Received; read twice and referred to the Committee on Environment and Public Works
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Civilian Property Realignment 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 operational efficiencies;
(6) to reduce redundancy, overlap, and costs associated with field offices;
(7) to create incentives for Federal agencies to achieve greater efficiency in their inventories of civilian real property;
(8) to facilitate and expedite the sale or disposal of unneeded civilian properties; and
(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 following definitions apply:
(1) FEDERAL CIVILIAN REAL PROPERTY AND CIVILIAN REAL PROPERTY-
(A) PROPERTY- The terms ‘Federal civilian 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 improved grounds, leased space, or other physical structures under the custody and control of any Federal agency.
(B) FURTHER EXCLUSIONS- Subparagraph (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.
(ii) Properties that are excluded for reasons of national security by the Director 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 properties including--
(I) any property within the limits of any Indian reservation to which the United States owns title for the benefit 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 individual or held by an Indian tribe or individual subject to restriction by the United States against alienation.
(v) Properties operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.).
(vi) Postal properties owned by the United States Postal Service.
(vii) Properties used in connection with Federal programs for agricultural, recreational, and conservation purposes, including research in connection with the programs.
(viii) Properties used in connection with river, harbor, flood control, reclamation, 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 Development.
(2) FEDERAL AGENCY- The term ‘Federal agency’ means an executive department or independent establishment in the executive branch of the Government, and a wholly owned Government corporation.
(3) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of General Services.
(4) COMMISSION- The term ‘Commission’ means the Civilian Property Realignment Commission.
(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 Headquarters office location for the Federal agency.
SEC. 4. COMMISSION.
(a) Establishment- There is established an independent 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.
(1) IN GENERAL- The Commission shall be composed of a Chairperson appointed by the President, by and with the advice and consent of the Senate, 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 Representatives concerning the appointment of two members;
(B) the majority leader of the Senate concerning the appointment of two members;
(C) the minority leader of the House of Representatives concerning the appointment of one member; and
(D) the minority leader of the Senate concerning 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 redevelopment.
(B) Government management or operations.
(C) Community development, including transportation and planning.
(D) Historic preservation.
SEC. 5. COMMISSION MEETINGS.
(a) Open Meetings- Each meeting of the Commission, 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 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 members shall constitute a meeting of the Commission.
(c) Transparency of Information- All the proceedings, information, and deliberations of the Commission 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 Infrastructure of the House of Representatives;
(2) the Committee on Oversight and Government Reform of the House of Representatives;
(3) the Committee on Homeland Security and Governmental Affairs of the Senate;
(4) the Committee on Environmental and Public Works of the Senate; and
(5) the committees on Appropriations of the House of Representatives and the Senate.
(d) Government Accountability Office- All proceedings, information, and deliberations of the Commission shall be open, upon request, to the Comptroller General of the United States.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(1) RATE OF PAY FOR MEMBERS- Each member, 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 actual performance of duties vested in the Commission.
(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 equivalent of the minimum annual rate of basic pay payable 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.
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 Commission, may appoint and fix the pay of additional personnel.
(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 carrying 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 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 Commission 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 beginning of each fiscal year thereafter, the head of each Federal agency shall submit to the Administrator and the Director of OMB the following:
(1) CURRENT DATA- Current data of all Federal civilian real properties owned, leased, or controlled by the respective agency, including all relevant 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 footage (including gross, rentable, and usable).
(2) AGENCY RECOMMENDATIONS- Recommendations which shall include the following:
(A) Federal civilian properties that can be sold for proceeds and otherwise disposed of, reported as excess, declared surplus, or otherwise no longer meeting the needs of the agency, excluding 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 operating costs of the Government, and create the highest value and return for the taxpayer.
(C) Operational efficiencies that the Government can realize in its operation and maintenance 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 review agency recommendations submitted pursuant to subsection (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 Administrator, 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 Government), 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 consolidating, co-locating, and reconfiguring space, and through realizing other operational efficiencies.
(3) The extent to which the utilization rate is being maximized and is consistent with non-governmental industry standards for the given function or operation.
(4) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the proposed recommendation.
(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 Federal 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 communities in the vicinity of the Federal building or facility.
(9) The extent to which energy consumption is reduced.
(c) Special Rule for Utilization Rates- Standards developed by the Director of OMB must incorporate and apply clear standard utilization rates consistent throughout each category of space and with nongovernment space utilization rates. To the extent the space utilization rates of a given agency fall below the utilization rates to be applied under this subsection, the Director may recommend realignment, co-location, consolidation, 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 documentation.
(2) PUBLICATION- The standards, criteria, and recommendations shall be published in the Federal Register and transmitted to the committees designated in section 5(c) and to the Comptroller General of the United States.
(3) ACCESS TO INFORMATION- The Commission shall also have access to all information pertaining to the recommendations, including supporting information, data, analyses, and documentation submitted pursuant to subsection (a). Upon request, Federal agencies shall provide, the Commission any additional information pertaining to its properties.
SEC. 12. COMMISSION DUTIES.
(a) Identification of Property Reduction Opportunities- The Commission shall identify opportunities for the Government to reduce significantly its inventory of civilian real property and reduce costs to the Government.
(b) Identification of High Value Assets-
(1) IDENTIFICATION OF CERTAIN PROPERTIES- 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 excess 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 recommendations 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), Federal agencies shall provide, upon receipt, any and all information and data regarding its properties to the Commission. The Commission shall notify the committees listed under section 5(c) of any failure by any agency to comply with a request of the Commission.
(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 submitted pursuant to section 11. If, in the opinion of the Commission, an agency fails to provide needed information, data or adequate recommendations that meet the standards and criteria, the Commission shall develop such recommendations as it considers appropriate based on existing 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 Commission 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 accounting 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 the taxpayer. In applying the accounting system, the Commission shall set a standard performance period.
(f) Public Hearing- The Commission shall conduct public hearings. All testimony before the Commission at a public hearing under this paragraph shall be presented under oath.
(g) Reporting of Information and Recommendations-
(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, conclusions, and recommendations for the consolidation, exchange, co-location, reconfiguration, lease reductions, 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 DISPOSAL OF PROPERTY- To the extent the Commission recommendations include the sale or disposal of real property, these properties may be reported as excess, declared surplus, or determined as no longer meeting the needs of the Federal Government, excluding leasebacks or other such exchange agreements where the property continues to be used by the Federal Government.
(3) CONSENSUS IN MAJORITY- The Commission shall seek to develop consensus recommendations, but if a consensus cannot be obtained, the Commission may include in its report recommendations that are supported by a majority of the Commission.
(h) Federal Website- The Commission shall establish 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 recommendations, the President shall transmit to the Commission and Congress a report that sets forth the President’s approval or disapproval of the Commission’s recommendations.
(c) Approval or Disapproval- If the President--
(1) approves of the Commission’s recommendations, the President shall transmit a copy of the recommendations to Congress, together with a certification of such approval;
(2) disapproves of the Commission’s recommendations, 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 approval 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.
SEC. 14. CONGRESSIONAL CONSIDERATION OF THE RECOMMENDATIONS.
(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 purposes 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 Realignment Commission as submitted by the President on XXXXXXXXX, and notwithstanding any other provision of law, the Federal agencies shall implement and carry out all of the Commission’s recommendations pursuant to section 15 of the Civilian Property Realignment Act’, the blank space being filled in with the appropriate date;
(3) the title of which is as follows: ‘Joint resolution approving the recommendations of the Civilian Property Realignment Commission’; and
(4) which is introduced pursuant to subsection (d).
(d) Introduction- After a House of Congress receives the President’s transmission of approved recommendations pursuant to section 13, the majority leader of that House (or a designee) shall introduce (by request, if appropriate) a joint resolution described in subsection (c)--
(1) in the case of the House of Representatives, within three legislative days; and
(2) in the case of the Senate, within three session days.
(e) Consideration in the House of Representatives-
(1) REFERRAL AND REPORTING- Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House without amendment not later than the tenth legislative day after the date of its introduction. If a committee fails to report the joint resolution within that period, it shall be in order to move that the House discharge the committee from further consideration of the joint resolution. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within three legislative days after the day on which the proponent announces his intention to offer the motion. Notice may not be given on an anticipatory basis. Such a motion shall not be in order after the House has disposed of a motion to discharge a joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except twenty minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint resolution in accordance with paragraph (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(2) PROCEEDING TO CONSIDERATION- After the last committee authorized to consider a joint resolution reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the joint resolution in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within three legislative days after the day on which the proponent announces his intention to offer the motion. Notice may not be given on an anticipatory basis. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that transmittal of recommendations. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(3) CONSIDERATION- The joint resolution shall be considered as read. All points of order against a joint resolution and against its consideration are waived. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except five hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint resolution. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
(4) POST SINE DIE- If the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, a motion to discharge under paragraph (1) or a motion to proceed under subparagraph (2) shall be in order as applicable.
(f) Consideration in the Senate-
(g) Amendments Prohibited- No amendment to, or motion to strike a provision from, a joint resolution considered under this section shall be in order in either the Senate or the House of Representatives.
(h) Consideration by Other House-
(1) IN GENERAL- If, before the passage by one House of a joint resolution of that House described in subsection (c), that House received from the other House a joint resolution described in subsection (c), then the following procedures shall apply:
(A) NO COMMITTEE REFERRAL- The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B).
(B) JOINT RESOLUTION PROCEDURE- With respect to a joint resolution described in subsection (c) of the House receiving the joint resolution the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House.
(2) NO CONSIDERATION- Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House.
(3) EXCEPTION- This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.
(i) Rules of the Senate and House- This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
SEC. 15. IMPLEMENTATION OF COMMISSION RECOMMENDATIONS.
(a) Carrying Out Recommendations- Upon the enactment of a joint resolution described in section 14(c), Federal agencies shall immediately begin preparation to carry out the Commission’s recommendations and shall initiate all activities no later than 2 years after the date on which the President transmits the recommendations to Congress. Federal agencies shall complete all recommended actions no later than the end of the 6-year period beginning on the date on which the President transmits the Commission’s recommendations to Congress. All actions shall be economically beneficial and be cost neutral or otherwise favorable to the Government. For actions that will take longer than the 6-year period due to extenuating circumstances, each Federal agency shall notify the President and Congress as soon as the extenuating circumstance presents itself with an estimated time to complete the relevant action.
(b) Actions of Federal Agencies- In taking actions related to any Federal building or facility under this Act, Federal agencies may, pursuant to subsection (c), take all such necessary and proper actions, including--
(1) acquiring land, constructing replacement facilities, performing such other activities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; and
(2) reimbursing other Federal agencies for actions performed at the request of the Commission.
(c) Necessary and Proper Actions- When acting on a recommendation of the Commission, a Federal agency shall continue to act within their existing legal authorities, whether such authority has been delegated by the Administrator, or must work in partnership with the Administrator to carry out such actions. The Administrator may take such necessary and proper actions, including the sale, conveyance, or exchange of civilian real property, as required to implement the Commission recommendations in the time period required under subsection (a).
(d) Discretion of Administrator Regarding Transactions- For any transaction identified, recommended, or commenced as a result of this Act, any otherwise required legal priority given to, or requirement to enter into, a transaction to convey a Federal civilian real property for less than fair market value, for no consideration at all, or in a transaction that mandates the exclusion of other market participants, shall be at the discretion of the Administrator.
(e) McKinney-Vento Homeless Assistance Act Review- Upon the enactment of a joint resolution described in section 14(c) and for not more than 90 days after such enactment, the Secretary of Housing and Urban Development shall apply section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411) to the extent practicable, to any buildings identified for disposal in the approved recommendations that are not more than 25,000 square feet or valued at less than $5,000,000.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There is authorized a one-time appropriation to carry out this Act in the following amounts:
(1) $20,000,000 for salaries and expenses of the Commission.
(2) $62,000,000 to be deposited into the Asset Proceeds and Space Management Fund for activities related to the implementation of the Commission recommendations.
(b) Federal Buildings Fund- There is authorized to be appropriated from the Federal Buildings Fund established under section 592 of title 40, United States Code, for construction and acquisition activities $0 for fiscal year 2012.
SEC. 17. FUNDING.
(a) Creation of Salaries and Expenses Account-
(1) ESTABLISHMENT OF ACCOUNT- There is hereby established on the books of the Treasury an account to be known as the ‘Civilian Property Realignment Commission--Salaries and Expenses’ account.
(2) NECESSARY PAYMENTS- There shall be deposited into the account such amounts, as are provided in appropriations Acts, for those necessary payments for salaries and expenses to accomplish the administrative needs of the Commission.
(b) Creation of Asset Proceeds and Space Management Fund- There is hereby established within the Federal Buildings Fund established under section 592 of title 40, United States Code, an account to be known as the ‘Civilian Property Realignment Commission--Asset Proceeds and Space Management Fund’ which shall be used solely for the purposes of carrying out actions pursuant to the Commission recommendations approved under section 14. Notwithstanding section 3307 of title 40, United States Code, the following amounts shall be deposited into the account and made available for obligation or expenditure only as provided in advance in appropriations Acts for the purposes specified:
(1) Such amounts as are provided in appropriations Acts, to remain available until expended, for the consolidation, co-location, exchange, redevelopment, re-configuration of space, disposal, and other actions recommended by the Commission for Federal agencies.
(2) Amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the Commission under section 15. As provided in appropriations Acts, such proceeds may be made available to cover necessary costs associated with implementing the recommendations pursuant to section 15, including costs associated with--
(A) sales transactions;
(B) acquiring land, construction, constructing replacement facilities, conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property;
(C) co-location, redevelopment, disposal, and reconfiguration of space; and
(D) other actions recommended by the Commission for Federal agencies.
(c) Additional Requirement for Budget Contents- The President’s budget submitted pursuant to section 1105 of title 31, United States Code, shall include an estimate of proceeds that are the result of the Commission’s recommendations and the obligations and expenditures needed to support such recommendations.
SEC. 18. DISPOSAL OF REAL PROPERTIES.
(a) Environmental Considerations-
(1) APPLICABILITY OF OTHER LAW- Public Law 91-190, as amended, shall not apply to activities under section 11 of this Act.
(2) CIVIL ACTION- A civil action for judicial review, with respect to any requirement of Public Law 91-190, as amended, to the extent such public law is applicable to the actions under section 15 of this Act, of any act or failure to act by a Federal agency during the closing, realigning, or relocating of functions under this Act, may not be brought more than 60 days after the date of such act or failure to act.
(3) TRANSFER OF REAL PROPERTY-
(A) IN GENERAL- When implementing the recommended actions pursuant to section 15 for properties that have been identified in the Commission’s recommendations and in compliance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including section 120(h) thereof (42 U.S.C. 9620(h)), Federal agencies may enter into an agreement to transfer by deed real property with any person.
(B) ADDITIONAL TERMS- The head of the disposing agency may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the head of the disposing agency considers appropriate to protect the interests of the United States. Such additional terms and conditions shall not affect or diminish any rights or obligations of the federal agencies under CERCLA section 120(h) (including, without limitation, the requirements CERCLA section 120(h)(3)(A) and CERCLA section 120(h)(3)(C)(iv)).
(4) INFORMATION DISCLOSURE- As part of an agreement pursuant to this Act, the agency shall disclose to the person to whom the property or facilities will be transferred any information of the Federal agency regarding the environmental restoration, waste management, and environmental compliance activities described in this Act that relate to the property or facilities. The agency shall provide such information before entering into the agreement.
(b) Construction of Certain Acts- Nothing in this section shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 19. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.
Section 3307(b) of title 40, United States Code is amended--
(1) by striking ‘and’ at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting ‘; and’; and
(3) by adding at the end the following:
‘(8) a statement of how the proposed project is consistent with section 11(b) of the Civilian Property Realignment Act.’.
SEC. 20. LIMITATION OF CERTAIN LEASING AUTHORITIES.
(a) Limitation on Certain Leasing Authorities- Chapter 33 of title 40, United States Code, is amended by adding at the end the following:
‘ 3317. Limitation on leasing authority of other agencies
‘(a) In General- Notwithstanding any other provision of law, no executive agency may lease space for the purposes of a public building as defined under section 3301, except as provided under section 585, and the provisions in this chapter.
‘(b) Public Building- For the purposes of this section, the term ‘public building’ shall include leased space.
‘(c) Further Exclusions- This section shall not apply to--
‘(1) properties that are excluded for reasons of national security by the President; and
‘(2) properties of the Department of Veterans Affairs.
‘(d) Construction- Nothing in this section shall be construed as creating new authority for executive agencies to enter into leases or limit the authority of the Administration under section 3314.’.
(b) Small Businesses- When using commercial leasing services, the Administrator shall adhere to the requirements of the Small Business Act (15 U.S.C. et seq.).
(c) Clerical Amendment- The analysis for such chapter is amended by adding at the end:
‘3317. Limitation on leasing authority of other agencies.’.
SEC. 21. IMPLEMENTATION REVIEW BY GAO.
Upon transmittal of the Commission’s recommendations from the President to the Congress under section 13, the Comptroller General of the United States at least annually shall monitor, review the implementation activities of Federal agencies pursuant to section 15, and report to Congress any findings and recommendations.
SEC. 22. SENSE OF CONGRESS AND REPORTS.
(a) Sense of Congress- It is the sense of Congress that--
(1) the Civilian Property Realignment Commission, should take steps to provide assistance to small, minority, and woman-owned businesses seeking to be awarded contracts to redevelop federal property;
(2) the Civilian Property Realignment Commission and other appropriate Federal officials should conduct a public information campaign to advise small, minority, and women-owned business firms with respect to contracts for the sale or redevelopment of Federal property; and
(3) firms that are awarded contracts pertaining to the redevelopment of Federal property should, to the maximum extent practicable, seek to award subcontracts for such contracts to small, minority, and women-owned business firms.
(b) Progress Reports- Every 6 months, the Civilian Property Realignment Commission shall submit to the appropriate committees of Congress and the President, a report regarding contracting. Each such report shall indicate, as of the date of the submission of such report, the size of all business firms awarded contracts by the Commission and the size of all business firms awarded subcontracts under such contracts.
SEC. 23. CONSIDERATION OF LIFE-CYCLE COST REQUIRED.
Section 3305 of title 40, United States Code, is amended by adding at the end the following new subsection:
‘(d) Consideration of Life-Cycle Cost Required-
‘(1) REQUIREMENT- The Administrator shall ensure that the life-cycle cost of a public building is considered in the construction or lease of a public building described in paragraph (2).
‘(2) FEDERAL BUILDINGS SUBJECT TO REQUIREMENT- A public building is subject to the requirement 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 footage 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 following 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 building:
‘(i) Investment costs.
‘(ii) Capital costs.
‘(iii) Installation costs.
‘(iv) Energy costs.
‘(v) Operating costs.
‘(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 construction, alteration, or acquisition of any building or space to be leased, a statement by the Administrator describing the use of life-cycle cost analysis and any increased design, construction, or acquisition costs identified by such analysis that are offset by lower long-term costs.’.
Passed the House of Representatives February 7, 2012.
KAREN L. HAAS,