property realignment 06162015

8/21/2019 Property Realignment 06162015

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114TH CONGRESS1ST SESSION S.

llTo 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

llllllllll

Mr. W ARNER (for himself, Mr. BLUNT, Mr. PORTMAN, Mr. W ICKER, Mr.

K IRK , Mr. GRAHAM, and Mr. TILLIS) introduced the following bill; which

was read twice and referred to the Committee on llllllllll

A BILL

To decrease the deficit by realigning, consolidating, dis-

posing, 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 Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the ‘‘Civilian Property Re-4

alignment Act of 2015’’ or ‘‘CPRA’’.5

SEC. 2. PURPOSES.6

The purposes of this Act are—7

(1) to consolidate the footprint of Federal8

buildings and facilities;9


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(2) to maximize the rate of use of Federal1

buildings and facilities;2

(3) to reduce the reliance of the Federal Gov-3

ernment on leased space;4

(4) to sell or redevelop high-value assets that5

are underused to obtain the highest and best value6

for the taxpayer and maximize the return to the tax-7

payer;8

(5) to reduce the operating and maintenance9

costs of Federal civilian real properties through the10

realignment of real properties by consolidating, co-11

locating, and reconfiguring space, and by imple-12

menting other operational efficiencies;13

(6) to reduce redundancy, overlap, and costs as-14

sociated with field offices;15

(7) to create incentives for Federal agencies to16

achieve greater efficiency in inventories of civilian17

real property;18

(8) to facilitate and expedite the disposal of19

unneeded civilian properties; and20

(9) to assist Federal agencies in achieving sus-21

tainability goals of the Federal Government by re-22

ducing excess space, inventory, and energy consump-23

tion, as well as by leveraging new technologies.24


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SEC. 3. DEFINITIONS.1

In this Act:2

(1) A DMINISTRATOR.—The term ‘‘Adminis-3

trator’’ means the Administrator of General Serv-4

ices.5

(2) A SSET PROCEEDS AND SPACE MANAGEMENT 6

FUND.—The term ‘‘Asset Proceeds and Space Man-7

agement Fund’’ means the Civilian Property Re-8

alignment Commission—Asset Proceeds and Space9

Management Fund established by section 18(c)(1).10

(3) COMMISSION.—The term ‘‘Commission’’11

means the Civilian Property Realignment Commis-12

sion established by section 4(a)(1).13

(4) DIRECTOR.—The term ‘‘Director’’ means14

the Director of the Office of Management and Budg-15

et.16

(5) DISPOSAL.—The term ‘‘disposal’’ means17

any action that constitutes the removal of any Fed-18

eral civilian real property from the Federal inven-19

tory, including sale, deed, demolition, or exchange.20

(6) FEDERAL AGENCY .—The term ‘‘Federal21

agency’’ means—22

(A) an executive department or inde-23

pendent establishment in the executive branch24

of the Government; and25


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(B) a wholly owned Government corpora-1

tion.2

(7) FEDERAL CIVILIAN REAL PROPERTY ; CIVIL-3

IAN REAL PROPERTY .—4

(A) IN GENERAL.—The terms ‘‘Federal ci-5

vilian real property’’ and ‘‘civilian real prop-6

erty’’ mean any Federal real property asset.7

(B) INCLUSIONS.—The terms ‘‘Federal ci-8


erty’’ include—10

(i) Federal buildings (as defined in11

section 3301 of title 40, United States12

Code); and13

(ii) occupied and improved grounds,14

leased space, or other physical structures15

under the custody and control of any Fed-16

eral agency.17

(C) E XCLUSIONS.—The terms ‘‘Federal ci-18


erty’’ do not include—20

(i) any military installation (as de-21

fined in section 2910 of the Defense Base22

Closure and Realignment Act of 1990 (1023

U.S.C. 2687 note; Public Law 101–510));24


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(ii) any property that is excepted from1

the definition of the term ‘‘property’’2

under section 102 of title 40, United3

States Code;4

(iii) a designated wilderness study5

area or other areas managed for wilderness6

characteristics;7

(iv) Indian and native Eskimo prop-8

erty held in trust by the Federal Govern-9

ment as described in section10

3301(a)(5)(C)(iii) of title 40, United11

States Code;12

(v) property operated and maintained13

by the Tennessee Valley Authority pursu-14

ant to the Tennessee Valley Authority Act15

of 1933 (16 U.S.C. 831 et seq.);16

(vi) postal property owned by the17

United States Postal Service; or18

(vii) any property the Director of the19

Office of Management and Budget ex-20

cludes for reasons of national security.21

(8) FIELD OFFICE.—The term ‘‘field office’’22

means any office of a Federal agency that is not the23

headquarters office location for the Federal agency.24


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(9) SECRETARY .—The term ‘‘Secretary’’ means1

the Secretary of Housing and Urban Development.2

(10) SMALL BUSINESS CONCERN.—The term3

‘‘small business concern’’ has the meaning given the4

term in section 3 of the Small Business Act (155

U.S.C. 632).6

SEC. 4. CIVILIAN PROPERTY REALIGNMENT COMMISSION.7

(a) ESTABLISHMENT.—8

(1) IN GENERAL.—There is established an inde-9

pendent commission, to be known as the ‘‘Civilian10

Property Realignment Commission’’.11

(2) DUTIES.—The Commission shall carry out12

the duties described in section 6.13

(3) MEMBERSHIP.—14

(A) IN GENERAL.—The Commission shall15

be composed of—16

(i) a Chairperson appointed by the17

President, by and with the advice and con-18

sent of the Senate;19

(ii) 2 members appointed by the20

President;21

(iii) 1 member appointed by the Ma-22

jority Leader of the Senate;23

(iv) 1 member appointed by the Mi-24

nority Leader of the Senate;25


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(v) 1 member appointed by the Speak-1

er of the House of Representatives; and2

(vi) 1 member appointed by the Mi-3

nority Leader of the House of Representa-4

tives.5

(B) TERMS.—The term for each member6

of the Commission shall be 10 years.7

(C) V ACANCIES.—Vacancies on the Com-8

mission shall be filled in the same manner in9

which an original appointment was made.10

(D) QUALIFICATIONS.—To the maximum11

extent practicable, in selecting individuals for12

appointment to the Commission, the President,13

the Majority and Minority Leaders of the Sen-14

ate, and the Speaker and Minority Leader of15

the House of Representatives shall ensure the16

membership of the Commission includes individ-17

uals with expertise representative of—18

(i) commercial real estate and redevel-19

opment;20

(ii) government management or oper-21

ations;22

(iii) community development, includ-23

ing transportation and planning; and24

(iv) historic preservation.25


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(4) CONFLICTS OF INTEREST.—No member of1

the Commission or staff of a member of the Com-2

mission shall participate in developing or issuing a3

recommendation of the Commission if the member4

or staff of a member has an economic interest in an5

entity seeking to acquire any property to be dis-6

posed, transferred, consolidated, colocated, reconfig-7

ured, or redeveloped under this Act.8

(b) COMMISSION MEETINGS.—9

(1) OPEN MEETINGS.—Each meeting of the10

Commission, other than meetings in which classified11

information is to be discussed, shall—12

(A) be open to the public;13

(B) be broadcast on the website established14

by the Commission under section 6(h);15

(C) be announced in the Federal Register16

and the Federal website established by the17

Commission at least 14 calendar days in ad-18

vance of the meeting; and19

(D) have released before the meeting an20

agenda and a listing of materials relevant to the21

topics to be discussed.22

(2) QUORUM AND MEETINGS.—Of the members23

of the Commission—24


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(A) 5 members shall constitute a quorum1

for the purposes of conducting business; and2

(B) 3 or more Commission members shall3

constitute a meeting of the Commission.4

(3) TRANSPARENCY OF INFORMATION.—All the5

proceedings, information, and deliberations of the6

Commission shall be open, on request, to the chair-7

person and the ranking minority party member, and8

the respective subcommittee chairperson and ranking9

minority party member, of—10

(A) the Committee on Transportation and11

Infrastructure of the House of Representatives;12

(B) the Committee on Oversight and Gov-13

ernment Reform of the House of Representa-14

tives;15

(C) the Committee on Homeland Security16

and Governmental Affairs of the Senate;17

(D) the Committee on Environment and18

Public Works of the Senate; and19

(E) the Committees on Appropriations of20

the House of Representatives and the Senate.21

(4) GOVERNMENT ACCOUNTABILITY OFFICE.—22

All proceedings, information, and deliberations of23

the Commission shall be open, on request, to the24

Comptroller General of the United States.25


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(c) COMPENSATION AND TRAVEL E XPENSES.—1

(1) COMPENSATION.—2

(A) R ATE OF PAY FOR MEMBERS.—Each3

member of the Commission, other than the4

Chairperson, shall be paid at a rate equal to the5

daily equivalent of the minimum annual rate of6

basic pay payable for level IV of the Executive7

Schedule under section 5315 of title 5, United8

States Code, for each day (including travel9

time) during which the member is engaged in10

the actual performance of duties vested in the11

Commission.12

(B) R ATE OF PAY FOR CHAIRPERSON.—13

The Chairperson of the Commission shall be14

paid for each day referred to in subparagraph15

(A) at a rate equal to the daily equivalent of16

the minimum annual rate of basic pay payable17

for level III of the Executive Schedule under18

section 5314, of title 5, United States Code.19

(2) TRAVEL.—A member of the Commission20

shall receive travel expenses, including per diem in21

lieu of subsistence, in accordance with sections 570222

and 5703 of title 5, United States Code.23

(d) E XECUTIVE DIRECTOR.—24

(1) A PPOINTMENT.—The Commission—25


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(A) shall appoint an Executive Director;1

and2

(B) shall not be required to comply with3

title 5, United States Code, governing appoint-4

ments in the competitive service.5

(2) R ATE OF PAY FOR EXECUTIVE DIRECTOR.—6

The Executive Director shall be paid at the rate of7

basic pay payable for level IV of the Executive8

Schedule under section 5315 of title 5, United9

States Code.10

(e) STAFF.—11

(1) A DDITIONAL PERSONNEL.—Subject to para-12

graph (2), the Executive Director, with the approval13

of the Commission, may appoint and fix the pay of14

additional personnel.15

(2) DETAIL EMPLOYEES FROM OTHER AGEN-16

CIES.—On request of the Executive Director, the17

head of any Federal agency may detail any of the18

personnel of that agency to the Commission to assist19

the Commission in carrying out the duties of the20

Commission under this Act.21

(3) QUALIFICATIONS.—Appointments shall be22

made with consideration of a balance of expertise23

consistent with the qualifications of representatives24

described in subsection (a)(3)(D).25


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(f) CONTRACTING A UTHORITY .—1

(1) E XPERTS AND CONSULTANTS.—Subject to2

the availability of appropriations, the Commission3

may procure by contract the temporary or intermit-4

tent services of experts and consultants pursuant to5

section 3109 of title 5, United States Code.6

(2) SPACE.—7

(A) IN GENERAL.—The Administrator, in8

consultation with the Commission, shall identify9

suitable excess space within the Federal prop-10

erty inventory to house the operations of the11

Commission.12

(B) LEASING.—If no space described in13

subparagraph (A) is available, the Commission14

may, notwithstanding section 3317 of title 40,15

United States Code (as added by section 12(a)),16

and subject to the availability of appropriations,17

lease space to house the operations of the Com-18

mission.19

(3) PERSONAL PROPERTY .—Subject to the20

availability of appropriations, the Commission may21

acquire personal property.22

(4) USE OF SMALL BUSINESS CONCERNS.—In23

exercising the authority of the Commission under24

this section and section 5, the Commission shall use,25


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to the maximum extent practicable, small business1

concerns.2

(g) TERMINATION.—The Commission and the au-3

thority of the Commission shall terminate on the date that4

is 10 years after the date of enactment of this Act.5

SEC. 5. DEVELOPMENT OF RECOMMENDATIONS FOR COM-6

MISSION.7

(a) SUBMISSIONS OF A GENCY INFORMATION AND 8

RECOMMENDATIONS.—Not later than 120 days after the9

date of enactment of this Act, and not later than 90 days10

after the beginning of each fiscal year thereafter, the head11

of each Federal agency shall submit to the Administrator12

and the Director a report that includes—13

(1) current data of all Federal civilian real14

properties owned, leased, or controlled by the respec-15

tive agency (including all relevant information pre-16

scribed by the Administrator and the Director), in-17

cluding data relating to—18

(A) the age and condition of the property;19

(B) operating costs;20

(C) history of capital expenditures;21

(D) sustainability metrics;22

(E) number of Federal employees and23

functions housed in the respective property; and24


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(F) square footage (including gross, rent-1

able, and usable square footage); and2

(2) recommendations with respect to the prop-3

erty that include—4

(A) Federal civilian properties that can be5

disposed, transferred, consolidated, colocated,6

reconfigured, or redeveloped—7

(i) to reduce the civilian real property8

inventory;9

(ii) to reduce the operating costs of10

the Federal Government; and11

(iii) to create the highest value and12

return for the taxpayer;13

(B) operational efficiencies that may be re-14

alized by the Federal Government in the oper-15

ation and maintenance of Federal civilian real16

properties;17

(C) opportunities to pursue enhanced use18

leasing in underused buildings in an effort to19

realize highest and best use of the buildings for20

the taxpayers; and21

(D) opportunities to reduce the number of22

high-value leases in the Federal inventory23

through relocation to less costly properties.24


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(b) STANDARDS AND CRITERIA .—Not later than 601

days after each date specified in subsection (a), subject2

to subsection (c), the Director, in consultation with the3

Administrator, shall—4

(1) review agency recommendations submitted5

pursuant to subsection (a);6

(2) develop consistent standards and criteria7

against which agency recommendations will be re-8

viewed, which shall be developed taking into consid-9

eration—10

(A) the extent to which a Federal building11

or facility aligns with the current mission of the12

applicable Federal agency;13

(B) the extent to which there are opportu-14

nities to consolidate similar operations across15

multiple agencies or within agencies;16

(C) the extent and timing of potential costs17

and savings, including the number of years, be-18

ginning with the date of completion of the pro-19

posed recommendation;20

(D) the economic impact on State and21

local communities in the vicinity of the Federal22

building or facility;23

(E) the extent to which the use rate is24

being maximized and is consistent with non-25


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governmental industry standards for the given1

function or operation;2

(F) the extent to which reliance on leasing3

for long-term space needs is reduced;4

(G) the extent to which the Federal build-5

ing or facility could be redeveloped or otherwise6

used to produce the highest and best value and7

return for the taxpayer;8

(H) the extent to which the operating and9

maintenance costs are reduced through consoli-10

dating, colocating, and reconfiguring space, and11

through realizing other operational efficiencies;12

and13

(I) the extent to which energy consumption14

is reduced; and15

(3) develop recommendations for the Commis-16

sion based on those standards and criteria.17

(c) SPECIAL RULE FOR USE R ATES.—18

(1) IN GENERAL.—Standards developed by the19

Director under subsection (b) shall incorporate and20

apply clear standard use rates consistent throughout21

each category of space and with nongovernment22

space use rates.23

(2) UNDERUTILIZATION OF RATES.—To the ex-24

tent use rates are underutilized by a given agency,25


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the Director shall recommend realignment, coloca-1

tion, consolidation, or another type of action to im-2

prove space use.3

(d) SUBMISSION TO COMMISSION.—4

(1) IN GENERAL.—The standards, criteria, and5

recommendations developed pursuant to subsection6

(b) shall be—7

(A) submitted to the Commission with all8

supporting information, data, analyses, and9

documentation;10

(B) published in the Federal Register; and11

(C) submitted to the committees referred12

to in section 4(b)(3) and the Comptroller Gen-13

eral of the United States.14

(2) A CCESS TO INFORMATION.—The Commis-15

sion shall have access to—16

(A) all information pertaining to the rec-17

ommendations, including supporting informa-18

tion, data, analyses, and documentation sub-19

mitted pursuant to subsection (a);20

(B) on request of the Commission to a21

Federal agency, any additional information per-22

taining to the properties of the Federal agency;23

and24


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(C) all information in the Federal Real1

Property Profile.2

SEC. 6. DUTIES OF COMMISSION.3

(a) IN GENERAL.—The goal of the Commission shall4

be to identify a total savings to the Federal Government5

of not less than $9,000,000,000 from the disposal of Fed-6

eral property under this Act, which may be achieved7

through activities such as the sale of Federal property and8

the termination of leases, colocation, maintenance, oper-9

ations, and security activities.10

(b) IDENTIFICATION OF PROPERTY REDUCTION OP-11

PORTUNITIES.—The Commission shall identify opportuni-12

ties for the Federal Government to reduce significantly—13

(1) the Federal inventory of civilian real prop-14

erty;15

(2) the costs incurred by the Federal Govern-16

ment in administering that property, including oper-17

ations, maintenance, and security; and18

(3) the number of high-value leases in the Fed-19

eral inventory through relocation to less costly prop-20

erties.21

(c) IDENTIFICATION OF HIGH- VALUE A SSETS.—22

(1) IDENTIFICATION OF CERTAIN PROP-23

ERTIES.—Not later than 180 days after the date of24

enactment of this Act, the Commission shall—25


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(A) identify for potential sale not fewer1

than 5 Federal properties that—2

(i) are not on the list of surplus or ex-3

cess properties as of that date; and4

(ii) each have an anticipated sale5

price, as determined by the Commission, of6

not less than $500,000,000; and7

(B) submit a list of the properties so iden-8

tified to the President and Congress, which9

shall be—10

(i) treated as a recommendation for11

the Commission under section 5; and12

(ii) subject to the approval process de-13

scribed in sections 7 and 8.14

(2) INFORMATION AND DATA .—15

(A) IN GENERAL.—To assist the Commis-16

sion in carrying out paragraph (1), each Fed-17

eral agency shall provide to the Commission, on18

request of the Commission, any information and19

data regarding the properties of the Federal20

agency.21

(B) F AILURE TO COMPLY .—The Commis-22

sion shall notify the committees described in23

section 4(b)(3) of any failure by any Federal24


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agency to comply with a request of the Commis-1

sion.2

(3) TRANSFER.—Not later than 60 days after3

the date of approval of the list of properties sub-4

mitted under paragraph (1), each Federal agency5

with custody, control, or administrative jurisdiction6

over an identified property shall transfer custody7

and control of, and administrative jurisdiction over,8

that property to the Administrator.9

(4) S ALE.—Not later than 120 days after the10

date of approval of the list of properties submitted11

under paragraph (1), and notwithstanding any other12

provision of law (except as provided in section13

10(d)), the Administrator shall sell the properties on14

the list at fair market value, at highest and best use,15

for cash at auction.16

(5) PROCEEDS.—The proceeds of the sale under17

paragraph (4) shall be distributed pursuant to sub-18

sections (b) and (c) of section 18.19

(6) PROHIBITION ON LEASE-BACK .—The Fed-20

eral Government may not lease back any property21

disposed or leased under this subsection.22

(d) A NALYSIS OF INVENTORY .—The Commission—23


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(1) shall carry out an independent analysis of1

the inventory of Federal civilian real property and2

the recommendations submitted under section 5;3

(2) shall not be bound or limited by the rec-4

ommendations; and5

(3) in any case in which the Commission deter-6

mines that a Federal agency has failed to provide7

necessary information, data, or adequate rec-8

ommendations that meet the standards and criteria9

developed under section 5(b), shall develop such rec-10

ommendations as the Commission considers to be11

appropriate based on existing data contained in the12

Federal Real Property Profile or other relevant in-13

formation.14

(e) RECEIPT OF INFORMATION AND PROPOSALS.—15

Notwithstanding any other provision of law, the Commis-16

sion—17

(1) may receive and consider proposals, infor-18

mation, and other data submitted by State and local19

officials and the private sector; and20

(2) shall make any such information received21

publicly available.22

(f) A CCOUNTING S YSTEM.—The Commission shall—23

(1) not later than 120 days after the date of24

enactment of this Act, develop and implement a sys-25


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tem of accounting, to be used to independently1

evaluate the costs of and returns on the rec-2

ommendations provided to the Commission under3

this Act;4

(2) determine which of the recommendations5

would provide the highest return to the taxpayer;6

and7

(3) establish a standard performance period for8

use in carrying out paragraphs (1) and (2).9

(g) PUBLIC HEARINGS.—10

(1) IN GENERAL.—After reviewing and per-11

forming independent analyses of the recommenda-12

tions received under section 5, the Commission shall13

conduct public hearings on the recommendations.14

(2) TESTIMONY .—All testimony before the15

Commission at a public hearing under this sub-16

section shall be presented under oath.17

(h) REPORTING OF INFORMATION AND REC-18

OMMENDATIONS.—19

(1) IN GENERAL.—Not later than 120 days20

after the date of receipt of recommendations under21

section 5, and biennially thereafter, the Commission22

shall, at a minimum, submit to the President, and23

publicly post on a Federal website maintained by the24

Commission, a report containing the findings, con-25


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clusions, and recommendations of the Commission1

for the consolidation, exchange, colocation, reconfig-2

uration, lease reductions, sale, and redevelopment of3

Federal civilian real properties, and for other oper-4

ational efficiencies, that may be realized in the oper-5

ation and maintenance of those properties by the6

Federal Government.7

(2) CONSENSUS IN MAJORITY .—The Commis-8

sion—9

(A) shall seek to develop consensus rec-10

ommendations; but11

(B) if a consensus cannot be obtained, may12

include in the report under paragraph (1) rec-13

ommendations that are supported by a majority14

of the Commission.15

(i) FEDERAL W EBSITE.—The Commission shall es-16

tablish and maintain a Federal website for the purpose17

of making relevant information publically available.18

(j) REVIEW BY GAO.—The Comptroller General of19

the United States shall submit to Congress and the Com-20

mission a report containing a detailed analysis of the rec-21

ommendations provided by the Commission under sub-22

section (h), including the process used to develop the rec-23

ommendations.24


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SEC. 7. REVIEW BY PRESIDENT.1

(a) REVIEW AND REPORT.—The President shall—2

(1) on receipt of the recommendations of the3

Commission under section 6, conduct a review of the4

recommendations; and5

(2) not later than 30 days after the date of re-6

ceipt of the recommendations, submit to the Com-7

mission and Congress a report that describes the ap-8

proval or disapproval of the President of the rec-9

ommendations.10

(b) A PPROVAL AND DISAPPROVAL.—If the Presi-11

dent—12

(1) approves the recommendations of the Com-13

mission, the President shall submit a copy of the14

recommendations to Congress, together with a cer-15

tification of the approval;16

(2) disapproves of the recommendations of the17

Commission, in whole or in part—18

(A) the President shall submit to the Com-19

mission and Congress the reasons for the dis-20

approval; and21

(B) not later than 30 days after the date22

of disapproval, the Commission shall submit to23

the President and Congress a revised list of rec-24

ommendations;25


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(3) approves the revised recommendations of1

the Commission submitted under paragraph (2)(B),2

the President shall submit a copy of the revised rec-3

ommendations to Congress, together with a certifi-4

cation of the approval; and5

(4) does not submit to Congress an approval6

and certification in accordance with paragraph (1)7

or (3) by the date that is 30 days after the date of8

receipt of the recommendations or revised rec-9

ommendations, the review process under this section10

shall terminate until the following year.11

SEC. 8. CONGRESSIONAL CONSIDERATION OF REC-12

OMMENDATIONS.13

(a) DEFINITION OF JOINT RESOLUTION.—In this14

section, the term ‘‘joint resolution’’ means only a joint res-15

olution—16

(1) that is introduced during the 10-day period17

beginning on the date on which the President sub-18

mits an approval and certification of recommenda-19

tions to Congress under paragraph (1) or (3) of sec-20

tion 7(b);21

(2) that does not have a preamble;22

(3) the matter after the resolving clause of23

which is as follows: ‘‘That Congress disapproves the24

recommendations of the Civilian Property Realign-25


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ment Commission as submitted by the President on1

lllllllll ’’, the blank space being filled2

in with the appropriate date; and3

(4) the title of which is as follows: ‘‘A Joint4

Resolution disapproving the recommendations of the5

Civilian Property Realignment Commission’’.6

(b) RESOLUTION OF DISAPPROVAL.—Not later than7

45 days after the date on which the President submits8

to Congress an approval and certification of recommenda-9

tions under paragraph (1) or (3) of section 7(b), Congress10

may enact a joint resolution to disapprove the rec-11

ommendations of the Commission.12

(c) COMPUTATION OF TIME PERIOD.—For the pur-13

poses of this section, the days on which either House of14

Congress is not in session because of adjournment of more15

than 3 days to a day certain shall be excluded in the com-16

putation of the period of time described in subsection17

(a)(1).18

(d) REFERRAL.—19

(1) HOUSE OF REPRESENTATIVES.—A joint20

resolution that is introduced in the House of Rep-21

resentatives shall be referred to the Committee on22

Transportation and Infrastructure of the House of23

Representatives.24


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(2) SENATE.—A joint resolution that is intro-1

duced in the Senate shall be referred to the Com-2

mittee on Environment and Public Works of the3

Senate.4

(e) DISCHARGE.—If the committee to which a joint5

resolution is referred has not reported the joint resolution6

(or an identical resolution) by the end of the 20-day period7

beginning on the date on which the President submits the8

report to Congress under section 7(a)(2)—9

(1) the committee shall be, at the end of that10

period, discharged from further consideration of the11

joint resolution; and12

(2) the joint resolution shall be placed on the13

appropriate calendar of the House involved.14

(f) CONSIDERATION.—15

(1) IN GENERAL.—On or after the third day16

after the date on which the committee to which a17

joint resolution is referred has reported, or has been18

discharged (under subsection (e)) from further con-19

sideration of, such a joint resolution, it is in order,20

regardless of whether a previous motion to the same21

effect has been disagreed to, for any Member of the22

respective House to move to proceed to the consider-23

ation of the joint resolution.24

(2) MOTIONS.—25


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(A) IN GENERAL.—A Member may make a1

motion described in paragraph (1) only on the2

date after the calendar day on which the Mem-3

ber announces to the House concerned the in-4

tention of the Member to make the motion, ex-5

cept that, in the case of the House of Rep-6

resentatives, the motion may be made without7

such a prior announcement if the motion is8

made by direction of the committee to which9

the joint resolution was referred.10

(B) PRIVILEGE; AMENDMENT.—A motion11

made under paragraph (1) is—12

(i) highly privileged in the House of13

Representatives, privileged in the Senate,14

and not debatable; and15

(ii) not subject to amendment, a mo-16

tion to postpone, or a motion to proceed to17

the consideration of other business.18

(C) OTHER MOTIONS.—19

(i) IN GENERAL.—A motion to recon-20

sider the vote by which a motion made21

under paragraph (1) is agreed to or dis-22

agreed to shall not be in order.23


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(ii) A GREEMENT.—If a motion to pro-1

ceed to consideration of the joint resolution2

is agreed to—3

(I) the respective House shall im-4

mediately proceed to the consideration5

of the joint resolution without inter-6

vening motion, order, or other busi-7

ness; and8

(II) the joint resolution shall re-9

main the unfinished business of the10

respective House until disposed of.11

(3) DEBATE.—12

(A) IN GENERAL.—Debate on a joint reso-13

lution and on all debatable motions and appeals14

in connection with the joint resolution shall be15

limited to not more than 2 hours, divided equal-16

ly between those favoring and those opposing17

the joint resolution.18

(B) A MENDMENTS.—An amendment to the19

joint resolution is not in order.20

(C) MOTION TO FURTHER LIMIT DE-21

BATE.—A motion further to limit debate on the22

joint resolution is in order and not debatable.23

(D) OTHER MOTIONS.—A motion to post-24

pone, to proceed to the consideration of other25


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business, to recommit the joint resolution, or to1

reconsider the vote by which the resolution is2

agreed to or disagreed to is not in order.3

(4) V OTE.—Immediately following the conclu-4

sion of the debate on a joint resolution and a single5

quorum call at the conclusion of the debate, if re-6

quested in accordance with the rules of the appro-7

priate House, the vote on final passage of the joint8

resolution shall occur.9

(5) A PPEALS OF DECISIONS OF CHAIR.—Ap-10

peals of the decisions of the Chair relating to the ap-11

plication of the rules of the Senate or the House of12

Representatives, as the case may be, to the proce-13

dure relating to a joint resolution shall be decided14

without debate.15

(g) CONSIDERATION BY OTHER HOUSE.—16

(1) IN GENERAL.—If, before the passage by a17

House of Congress of a joint resolution of that18

House, that House receives from the other House of19

Congress a joint resolution, the following procedures20

shall apply:21

(A) NO COMMITTEE REFERRAL.—The joint22

resolution of the other House shall not be re-23

ferred to a committee and may not be consid-24

ered in the House receiving the joint resolution25


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except in the case of final passage as provided1

in subparagraph (B).2

(B) RESOLUTION PROCEDURE.—With re-3

spect to a joint resolution of the House receiv-4

ing the joint resolution, the procedure in that5

House shall be the same as if no joint resolu-6

tion had been received from the other House,7

but the vote on final passage shall be on the8

joint resolution of the other House.9

(2) NO CONSIDERATION.—On disposition of the10

joint resolution received from the other House, it11

shall no longer be in order to consider the joint reso-12

lution that originated in the receiving House.13

(h) RULES OF SENATE AND HOUSE OF REPRESENT-14

ATIVES.—This section is enacted by Congress—15

(1) as an exercise of the rulemaking power of16

the Senate and House of Representatives, respec-17

tively, and as such—18

(A)(i) is deemed to be a part of the rules19

of each House, respectively; but20

(ii) is applicable only with respect to the21

procedure to be followed in that House in the22

case of a joint resolution; and23


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(B) supersedes other rules only to the ex-1

tent that this section is inconsistent with those2

rules; and3

(2) with full recognition of the constitutional4

right of either House to change the rules (so far as5

relating to the procedure of that House) at any time,6

in the same manner, and to the same extent as in7

the case of any other rule of that House.8

(i) F AILURE TO P ASS RESOLUTION OF DIS-9

APPROVAL.—If Congress fails to pass a joint resolution10

by the date that is 45 calendar days after the date of sub-11

mission by the President to Congress of the recommenda-12

tions of the Commission, each Federal agency shall be re-13

quired to implement and carry out all of the recommenda-14

tions of the Commission pursuant to section 9.15

SEC. 9. IMPLEMENTATION OF RECOMMENDATIONS OF16

COMMISSION.17

(a) C ARRYING OUT RECOMMENDATIONS.—18

(1) IN GENERAL.—Each Federal agency shall,19

in consultation with the Administrator—20

(A) on the date specified in section 8(i),21

immediately begin preparations to carry out the22

recommendations of the Commission;23

(B) not later than 90 days after the date24

specified in section 8(i), develop a plan for the25


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implementation of those recommendations, in-1

cluding a timeline with measurable milestones2

and deadlines;3

(C) not later than 1 year after the date4

specified in section 8(i), provide an update to5

the Commission and the Administrator on the6

plan developed under subparagraph (B); and7

(D) not later than the end of the 3-year8

period beginning on the date on which the9

President submits the recommendations of the10

Commission to Congress, complete implementa-11

tion of all recommended actions.12

(2) A CTIONS.—Each recommended action taken13

by a Federal agency shall be economically beneficial14

and cost-neutral or otherwise result in savings to the15

Federal Government.16

(3) F AILURE TO IMPLEMENT RECOMMENDA -17

TIONS.—If a Federal agency fails to carry out the18

plan described in paragraph (1)(B) and implement19

the recommendations of the Commission within the20

period described in paragraph (1)(D), the Adminis-21

trator shall—22

(A) assume the authority of that Federal23

agency; and24


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(B) implement the recommendations of the1

Commission for that Federal agency.2

(b) A CTIONS OF FEDERAL A GENCIES.—In imple-3

menting any recommended action relating to any Federal4

building or facility under this Act, a Federal agency may,5

in consultation with the Administrator, pursuant to sub-6

section (c), take all such necessary and proper actions, in-7

cluding—8

(1) constructing replacement facilities, per-9

forming such other activities, and conducting such10

advance planning and design as is required to trans-11

fer functions from a Federal asset or property to an-12

other Federal civilian property;13

(2) providing outplacement assistance to civilian14

employees employed by any Federal agency at a15

Federal civilian property impacted by the rec-16

ommended action; and17

(3) reimbursing other Federal agencies for ac-18

tions performed at the request of the Commission.19

(c) NECESSARY AND PROPER A CTIONS.—20

(1) IN GENERAL.—In acting on a recommenda-21

tion of the Commission, a Federal agency shall—22

(A) act within any authority delegated to23

the Federal agency; and24


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(B) if the Federal agency has not been del-1

egated authority to act on the recommendation,2

the Federal agency shall work in partnership3

with the Administrator to carry out the rec-4

ommendation.5

(2) A CTIONS OF ADMINISTRATOR.—The Admin-6

istrator—7

(A) may take such necessary and proper8

actions, including the sale, conveyance, or ex-9

change of civilian real property, as are required10

to implement the recommendations of the Com-11

mission in accordance with subsection (a); and12

(B) shall enter into and use commission-13

based contracts for real estate services to assist14

in carrying out property transactions required15

by the recommendations of the Commission.16

(d) DISCRETION OF A DMINISTRATOR REGARDING 17

TRANSACTIONS.—For any transaction identified, rec-18

ommended, or commenced as a result of this Act, any oth-19

erwise required legal priority given to, or requirement to20

enter into, a transaction to convey a Federal civilian real21

property for less than fair market value, for no consider-22

ation at all, or in a transaction that mandates the exclu-23

sion of other market participants, shall be at the discretion24

of the Administrator.25


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SEC. 10. DISPOSAL OF REAL PROPERTIES.1

(a) IN GENERAL.—Notwithstanding any other provi-2

sion of law, any recommendation or commencement of a3

disposal or realignment of civilian real property shall not4

be subject to—5

(1) the first section through section 3 of the6

Act of May 19, 1948 (16 U.S.C. 667b et seq.);7

(2) sections 107 and 317 of title 23, United8

States Code;9

(3) section 545(b)(8) of title 40, United States10

Code;11

(4) sections 550, 553, and 554 of title 40,12

United States Code;13

(5) section 1304(b) of title 40, United States14

Code;15

(6) section 501 of the McKinney-Vento Home-16

less Assistance Act (42 U.S.C. 11411);17

(7) section 47151 of title 49, United States18

Code;19

(8) section 11(d) of the Surplus Property Act20

of 1944 (50 U.S.C. App. 1622(d));21

(9) any other provision of law authorizing the22

conveyance of real property under the administrative23

jurisdiction of the Federal Government for no con-24

sideration; or25


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(10) any congressional notification requirement1

(other than that under section 545(e) of title 40,2

United States Code).3

(b) CONTINUATION OF CERTAIN REQUIREMENTS.—4

Nothing in subsection (a) modifies, alters, or amends any5

other required environmental or historical review, record-6

keeping, or notice requirement otherwise applicable to a7

conveyance of Federal civilian real property.8

(c) PUBLIC BENEFIT.—9

(1) IN GENERAL.—For those properties that10

the Commission determines should be reviewed for11

potential use for the homeless or for any other pub-12

lic benefit under a provision of law described in sub-13

section (a), the Commission shall submit to the Sec-14

retary, on the same date on which the report of the15

Commission is submitted to the President under sec-16

tion 6(g), any such information on the building or17

property that concerns the decision regarding the18

disposal of the civilian property.19

(2) A CTION BY SECRETARY .—Not later than 3020

days after the date on which the Commission makes21

a submission of information under subsection (a),22

the Secretary shall provide to the Commission a re-23

port summarizing a determination of the suitability24

of the civilian real properties recommended to be25


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disposed as properties appropriate for use in assist-1

ing the homeless.2

(3) NOTICE OF INTEREST.—Not later than 603

days after the date on which the Commission sub-4

mits a report to the President under section 6(g)5

and the recommendations of the Commission are re-6

leased to the public, any representatives of the7

homeless proposing interest in the use of property8

that the Commission has determined should be re-9

viewed for potential use by the homeless or for any10

other public benefit under a provision of law de-11

scribed in subsection (a) may submit a notice of in-12

terest to the Commission and the Secretary that13

contains—14

(A) a description of the homeless assist-15

ance program that the representative proposes16

to carry out at the installation;17

(B) an assessment of the need for the pro-18

gram;19

(C) a description of the extent to which the20

program is or will be coordinated with other21

homeless assistance programs in the commu-22

nities in the vicinity of the property;23


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(D) a description of the buildings and1

property that are necessary in order to carry2

out the program;3

(E) a description of the financial plan, the4

organization, and the organizational capacity of5

the representative to carry out the program;6

and7

(F) an assessment of the time required to8

commence implementation of the program.9

(4) HUD APPROVAL.—The Secretary shall—10

(A) not later than 60 days after the date11

on which the Commission submits the report to12

the President under section 6(g), review and13

certify submissions under this subsection from14

representatives of the homeless; and15

(B) if more than 1 notice of interest is en-16

tered for a property, indicate to the Commis-17

sion which planned use of the property for the18

homeless has more merit.19

(5) INTERESTED PARTIES.—20

(A) IN GENERAL.—Not later than 30 days21

after the date on which the Commission sub-22

mits the report to the President under section23

6(g) and the recommendations of the Commis-24

sion are publicly released, any parties proposing25


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interest in a property that the Commission has1

determined should be reviewed for any other2

public benefit programs described in subsection3

(a), for a use that is not homeless assistance,4

may submit a notice of interest to the Commis-5

sion and to the Federal agency that is otherwise6

tasked by law to review applications for the7

public benefit conveyance program under which8

the party is applying.9

(B) REQUIREMENTS.—A notice of interest10

under this paragraph shall contain the informa-11

tion otherwise required by the law establishing12

the public benefit conveyance program.13

(6) A SSESSMENT OF VALIDITY AND MERIT.—14

(A) IN GENERAL.—A Federal agency that15

has been tasked with reviewing applications for16

public benefit conveyance programs, and that17

receives a notice of interest with information18

pertaining to the certification of the validity of19

a proposed public benefit conveyance operating20

under 1 of the uses under subsection (a) that21

are not homeless assistance, shall—22

(i) review and certify submissions23

from parties proposing such future use for24

the property; and25


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(ii) not later than 60 days after the1

date on which the Commission submits the2

report to the President under section 6(g),3

submit to the Commission an assessment4

of the validity and merits of the informa-5

tion contained in the notice of interest.6

(B) SELECTION OF USE.—If more than 17

notice of interest is entered for a property, the8

head of the reviewing agency shall indicate to9

the Commission which planned use of the prop-10

erty has more merit.11

(7) COMPILATION OF INFORMATION AND AS-12

SESSMENTS.—The Commission shall—13

(A) compile all information and assess-14

ments regarding submitted notices of interest15

about properties; and16

(B) as soon as practicable after the date17

on which the recommendations of the Commis-18

sion are required to be implemented by Federal19

agencies under section 8(i), forward the infor-20

mation and assessments to the Federal agencies21

that maintain custody and control over the civil-22

ian real properties to be disposed for use in im-23

plementing the recommendations of the Com-24

mission.25


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(8) USE OF PROPERTY .—1

(A) IN GENERAL.—If a property reviewed2

by the Secretary is determined to be fit for use3

by the homeless and the Secretary has identi-4

fied a representative of the homeless whose no-5

tice of interest is certified, or, in the event of6

more than 1 notice of interest on the property,7

whose notice of interest is determined by the8

Secretary to have the most merit, the Federal9

agency maintaining custody or control of the10

property, in accordance with subsection (a),11

shall commence conveyance of the property to12

that representative of the homeless after the13

date on which the recommendations of the14

Commission are required to be implemented by15

Federal agencies under section 8(i).16

(B) UNFIT FOR USE; NO NOTICE OF IN-17

TEREST.—If a property reviewed by the Sec-18

retary is determined to be unfit for use by the19

homeless, or if there is no identified notice of20

interest on the property by a representative of21

the homeless, the Federal agency maintaining22

custody or control of the property shall deter-23

mine whether—24


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(i) there are any parties that have ex-1

pressed interest in the property for a use2

described in subsection (a) other than3

homeless assistance; and4

(ii) any Federal reviewing agency has5

certified 1 of those uses.6

(C) CONVEYANCE.—If a Federal agency7

maintaining custody or control of a property de-8

termines that there is an identified notice of in-9

terest in the property for a certified use under10

subparagraph (B), as soon as practicable after11

the date on which the recommendations of the12

Commission are required to be implemented by13

Federal agencies under section 8(i), the Federal14

agency shall—15

(i) commence conveyance of the prop-16

erty to the party that proposed the cer-17

tified use; and18

(ii) if more than 1 party has ex-19

pressed interest in the property—20

(I) select which party shall re-21

ceive the property; and22

(II) commence conveyance of the23

property to the party.24


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(9) OTHER OPTIONS FOR USE OF PROPERTY .—1

If, after the date on which the recommendations of2

the Commission are required to be implemented by3

Federal agencies under section 8(i), a property does4

not qualify, or there is no interest in a property re-5

viewed, for 1 of the uses described in subsection (a),6

a Federal agency may select among any other re-7

maining ways to implement the recommendations of8

the Commission with respect to the property.9

(d) ENVIRONMENTAL CONSIDERATIONS.—10

(1) NEPA APPLICATION.—Nothing in this Act11

shall be construed to modify, alter, or amend the12

National Environmental Policy Act of 1969 (4213

U.S.C. 4321 et seq.).14

(2) DISPOSAL OR REALIGNMENT OF PROP-15

ERTY .—A Federal agency may dispose of or realign16

property without regard to any provision of law, as17

described in subsection (a), restricting the use of18

funds for disposal or realignment of Federal civilian19

property included in any appropriations or author-20

ization Act.21

(3) TRANSFER OF REAL PROPERTY .—22

(A) IN GENERAL.—In implementing rec-23

ommendations of the Commission under section24

8(i) for properties that have been identified in25


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those recommendations and are in compliance1

with the Comprehensive Environmental Re-2

sponse, Compensation, and Liability Act of3

1980 (42 U.S.C. 9601 et seq.), including sec-4

tion 120(h) of that Act (42 U.S.C. 9620(h)), a5

Federal agency may enter into an agreement6

with any person to transfer real property by7

deed.8

(B) A DDITIONAL TERMS.—9

(i) IN GENERAL.—The head of the10

Federal agency disposing of property under11

this paragraph may require any additional12

terms and conditions in connection with an13

agreement authorized by subparagraph (A)14

as are appropriate to protect the interests15

of the United States.16

(ii) NO EFFECT ON RIGHTS AND OBLI-17

GATIONS.—Additional terms and condi-18

tions described in clause (i) shall not affect19

or diminish any right or obligation of a20

Federal agency under section 120(h) of the21

Comprehensive Environmental Response,22

Compensation, and Liability Act of 198023

(42 U.S.C. 9620(h)).24


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(4) INFORMATION DISCLOSURE.—As part of an1

agreement pursuant to this Act, a Federal agency2

shall disclose to the person to whom property or fa-3

cilities will be transferred, before entering into any4

agreement with the person, any information of the5

Federal agency regarding the environmental restora-6

tion, waste management, and environmental compli-7

ance activities described in this Act that relate to8

the property or facilities.9

(e) CONSTRUCTION OF CERTAIN A CTS.—Nothing in10

this section modifies, alters, or amends—11

(1) the Comprehensive Environmental Re-12

sponse, Compensation, and Liability Act of 1980 (4213

U.S.C. 9601 et seq.); or14

(2) the Solid Waste Disposal Act (42 U.S.C.15

6901 et seq.).16

SEC. 11. CONGRESSIONAL APPROVAL OF PROPOSED17

PROJECTS.18

Section 3307(b) of title 40, United States Code, is19

amended—20

(1) in paragraph (6), by striking ‘‘and’’ at the21

end;22

(2) in paragraph (7), by striking the period at23

the end and inserting a semicolon; and24

(3) adding at the end the following:25


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‘‘(8) a statement of how the proposed project is1

consistent with section 5(b) of the Civilian Property2

Realignment Act of 2015;3

‘‘(9) for all proposed leases, including operating4

leases, the amount of the net present value of—5

‘‘(A) the total estimated legal obligations6

of the Federal Government over the life of the7

contract; and8

‘‘(B) the cost of constructing new space;9

and10

‘‘(10) with respect to any prospectus for the11

construction, alteration, or acquisition of the build-12

ing or space to be leased, a statement by the Admin-13

istrator describing the use of life-cycle cost analysis14

and any increased design, construction, or acquisi-15

tion costs identified by the analysis that are offset16

by lower long-term costs.’’.17

SEC. 12. LIMITATION OF CERTAIN LEASING AUTHORITIES.18

(a) LIMITATION ON CERTAIN LEASING A UTHORI-19

TIES.—Chapter 33 of title 40, United States Code, is20

amended by adding at the end the following:21

‘‘3317. Limitation on leasing authority of other agen-22

cies23

‘‘(a) DEFINITION OF PUBLIC BUILDING.—In this24

section, the term ‘public building’ includes leased space.25


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‘‘(b) LEASING A UTHORITY .—1

‘‘(1) LIMITATION.—Notwithstanding any other2

provision of law, subject to paragraph (2), no execu-3

tive agency may lease space for the purposes of a4

public building, except as provided in section 5855

and this chapter.6

‘‘(2) E XCEPTION.—Paragraph (1) shall not7

apply to the United States Postal Service, the De-8

partment of Veterans Affairs, or any property the9

President excludes for reasons of national security.10

‘‘(c) CONSTRUCTION.—Nothing in this section—11

‘‘(1) establishes any new authority for an execu-12

tive agency to enter into a lease; or13

‘‘(2) limits the authority of the Administration14

under section 3314.’’.15

(b) CLERICAL A MENDMENT.—The analysis for chap-16

ter 33 of title 40, United States Code, is amended by add-17

ing at the end the following:18

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

SEC. 13. IMPLEMENTATION REVIEW BY GAO.19

Not later than 1 year after the date of enactment20

of this Act, and annually thereafter, the Comptroller Gen-21

eral of the United States shall submit to Congress an an-22

nual report that—23


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(1) reviews and describes the implementation1

activities of Federal agencies pursuant to section 9;2

and3

(2) contains any recommendations of the Comp-4

troller General for the improvement of those imple-5

mentation activities.6

SEC. 14. REALIGNMENT OF REAL PROPERTY OWNED OR7

MANAGED BY BUREAU OF OVERSEAS BUILD-8

ING OPERATIONS.9

(a) LIST OF A SSETS.—On an annual basis, the Com-10

mission shall identify and compile a list of assets located11

outside of the United States and the territories of the12

United States that are owned or managed by the Bureau13

of Overseas Building Operations of the Department of14

State that may—15

(1) be sold for proceeds so as to reduce the ci-16

vilian real property inventory and operating costs of17

the Federal Government; or18

(2) be otherwise disposed of, transferred, con-19

solidated, colocated, or reconfigured so as to reduce20

the operating costs of the Federal Government.21

(b) LIST TO SECRETARY OF STATE.—The Commis-22

sion shall provide each list compiled pursuant to sub-23

section (a) to the Secretary of State.24


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(c) REVIEW AND REPORT.—Not later than 90 cal-1

endar days after the date of receipt of a list compiled pur-2

suant to subsection (b), the Department of State shall—3

(1) review the list; and4

(2) submit to the Commission a report that in-5

cludes the conclusions of the review.6

(d) RECOMMENDATIONS OF CERTAIN CIVILIAN REAL 7

PROPERTY A SSETS.—In accordance with section 6, the8

Commission may make recommendations involving civilian9

real property assets described in subsection (a) only if—10

(1) the assets are on the list provided to the11

Department of State pursuant to this section; and12

(2) the Department of State has submitted a13

report on the list to the Commission pursuant to14

subsection (c)(2).15

(e) REMOVAL OF CERTAIN CIVILIAN REAL PROP-16

ERTY TRANSACTION A SSETS.—In accordance with section17

6, not later than 20 calendar days after the date of sub-18

mission of the report of the Commission to the President19

under section 6(g), the Secretary of State may remove any20

transaction that involves a civilian real property asset de-21

scribed in subsection (a) from the list of recommendations22

developed under section 6.23

(f) A PPEAL BY SECRETARY OF STATE.—Nothing in24

this section restricts the ability of the Secretary of State25


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to appeal to the Director or Commission for funding by1

the Asset Proceeds and Space Management Fund to sup-2

port the cost of implementing a recommendation.3

(g) PROCEEDS.—4

(1) IN GENERAL.—For the purposes of this5

Act, proceeds from the disposal of assets described6

in subsection (a) shall be deposited in the Asset Pro-7

ceeds and Space Management Fund established8

under section 18(c).9

(2) DISPOSAL UNDER OTHER AUTHORITY .—10

Proceeds from the disposal of assets by the Depart-11

ment of State that are not disposed of pursuant to12

this Act shall be retained by the Department of13

State.14

SEC. 15. FEDERAL REAL PROPERTY PROFILE.15

(a) CONGRESSIONAL COMMITTEES.—16

(1) IN GENERAL.—On the request of the chair-17

person and ranking member of any committee de-18

scribed in paragraph (2), the Director and the Ad-19

ministrator shall—20

(A) provide access to the Federal Real21

Property Profile established in accordance with22

Executive Order 13327 (40 U.S.C. 121 note;23

relating to Federal real property asset manage-24

ment), to that committee; and25


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(B) make all information in the Federal1

Real Property Profile available to that com-2

mittee.3

(2) COMMITTEES.—The committees referred to4

in paragraph (1) are—5





tives;10







(b) GOVERNMENT A CCOUNTABILITY OFFICE.—On17

the request of the Comptroller General, the Director and18

the Administrator shall—19

(1) provide access to the Federal Real Property20

Profile established in accordance with Executive21

Order 13327 (40 U.S.C. 121 note; relating to Fed-22

eral real property asset management), to the Gov-23

ernment Accountability Office; and24


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(2) make all information in the Federal Real1

Property Profile available to the Government Ac-2

countability Office.3

(c) CONGRESSIONAL RESEARCH SERVICE.—On re-4

quest of the Director of the Congressional Research Serv-5

ice, the Director and the Administrator shall—6




eral real property asset management), to the Con-10

gressional Research Service; and11


Property Profile available to the Congressional Re-13

search Service.14

(d) CONGRESSIONAL BUDGET OFFICE.—On request15

of the Director of the Congressional Budget Office, the16

Director and the Administrator shall—17




eral real property asset management), to the Con-21

gressional Budget Office; and22


Property Profile available to the Congressional24

Budget Office.25


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(e) COMMISSION.—On request of the Chairperson of1

the Commission, the Director and Administrator shall—2




eral real property asset management), to the Com-6

mission; and7


Property Profile available to the Commission.9

(f) REAL PROPERTY PROFILE IMPROVEMENTS.—In10

carrying out the duties of the Administrator relating to11

maintaining the Federal Real Property Profile established12

in accordance with Executive Order 13327 (40 U.S.C. 12113

note; relating to Federal real property asset management),14

the Administrator shall ensure that the data collected and15

reported from each Federal agency includes—16

(1) the age and condition of the property;17

(2) the size of the property, expressed in square18

footage and acreage;19

(3) the geographical location of the property,20

including an address and description;21

(4) the extent to which the property is being22

utilized;23

(5) the actual annual operating costs associated24

with the property;25


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(6) the total cost of capital expenditures associ-1

ated with the property;2

(7) sustainability metrics associated with the3

property;4

(8) the number of Federal employees and func-5

tions housed at the property;6

(9) the extent to which the mission of the Fed-7

eral agency is dependent on the property; and8

(10) the estimated amount of capital expendi-9

tures projected to maintain and operate the property10

for each of the 5 calendar years after the date of en-11

actment of this Act.12

SEC. 16. EXCESS PROPERTY.13

(a) IN GENERAL.—Except as provided in subsection14

(b), not later than 3 years after the date of enactment15

of this Act, each Federal agency shall dispose, transfer,16

exchange, consolidate, colocate, reconfigure, or redevelop17

any property that, on the date of enactment of this Act,18

is—19

(1) excess property (as defined in section 10220

of title 40, United States Code); and21

(2) under the control of that Federal agency.22

(b) E XCEPTIONS.—23

(1) IN GENERAL.—Subsection (a) shall not24

apply to any property, if the Federal agency in con-25


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trol of the property submits a report to each com-1

mittee described in paragraph (2) that—2

(A) identifies the property; and3

(B) states the reasons the Federal agency4

is not able to carry out subsection (a) with re-5

spect to that property.6

(2) COMMITTEES.—The committees referred to7

under paragraph (1) are—8





tives;13







SEC. 17. PRECLUSION OF JUDICIAL REVIEW.20

The following actions shall not be subject to judicial21

review:22

(1) An action of the Commission under section23

6.24

(2) An action of the President under section 7.25


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(3) An action of the Commission, the Secretary,1

or a Federal agency under section 10(c).2

SEC. 18. FUNDING.3

(a) S ALARIES AND E XPENSES A CCOUNT.—4

(1) ESTABLISHMENT.—There is established in5

the Treasury an account, to be known as the ‘‘Civil-6

ian Property Realignment Commission—Salaries7

and Expenses’’ account, consisting of—8

(A) the amounts deposited in the account9

under subsection (c)(1); and10

(B) such amounts as are provided in ap-11

propriations Acts for those necessary payments12

for salaries and other administrative expenses13

of the Commission.14

(2) NO APPROPRIATIONS.—If no amounts are15

appropriated for the salaries and expenses of the16

Commission for a fiscal year, the Director may sup-17

port the activities of the Commission under this Act18

for the fiscal year if the Director, in consultation19

with the Administrator, approves a transfer to the20

Commission of amounts from the Asset Proceeds21

and Space Management Fund established under sub-22

section (b)(1).23

(b) A SSET PROCEEDS AND SPACE M ANAGEMENT 24

FUND.—25


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(1) ESTABLISHMENT.—There is established1

within the Federal Buildings Fund established by2

section 592 of title 40, United States Code, a fund3

to be known as the ‘‘Civilian Property Realignment4

Commission—Asset Proceeds and Space Manage-5

ment Fund’’, which shall be used solely for the pur-6

poses of carrying out actions pursuant to rec-7

ommendations of the Commission approved under8

section 8.9

(2) T YPES OF FUNDS DEPOSITED.—Notwith-10

standing section 3307 of title 40, United States11

Code, the fund established under paragraph (1) shall12

consist of—13

(A) such amounts as are provided in ap-14

propriations Acts, to remain available until ex-15

pended, for the consolidation, colocation, ex-16

change, redevelopment, reconfiguration of space17

and other actions recommended by the Commis-18

sion for Federal agencies;19

(B) the proceeds received from each civil-20

ian real property action taken pursuant to a21

recommendation of the Commission under sec-22

tion 9; and23

(C) any funds made available to a Federal24

agency in an appropriations Act for the costs of25


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administering civilian real property, including1

operations, maintenance, and security not ex-2

pended because of any savings in those costs re-3

sulting from implementing a recommendation of4

the Commission under section 9.5

(3) A VAILABILITY OF AMOUNTS.—The amounts6

deposited in the fund established under paragraph7

(1) shall remain available until expended.8

(4) TRANSFER OF PROCEEDS.—9

(A) IN GENERAL.—The Commission, in10

carrying out the duties of the Commission and11

with the consent of the Administrator, may12

transfer from the fund established under para-13

graph (1) to a Federal agency such amounts as14

are necessary from the proceeds described in15

paragraph (2)(B) to cover costs associated with16

implementing the recommendations of the Com-17

mission under section 9.18

(B) T YPES OF COSTS.—The costs de-19

scribed in subparagraph (A) shall include any20

costs associated with—21

(i) sales transactions;22

(ii) transferring functions from a Fed-23

eral asset or property to another Federal24

civilian property, including construction,25


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constructing replacement facilities, con-1

ducting advance planning, and design;2

(iii) colocation, redevelopment, dis-3

posal, and reconfiguration of space; and4

(iv) any other action recommended by5

the Commission for a Federal agency.6

(5) NET PROCEEDS.—7

(A) DEFINITION OF NET PROCEEDS.—In8

this paragraph, the term ‘‘net proceeds’’ means9

difference between—10

(i) the proceeds described in para-11

graph (2)(B); and12

(ii) the amounts transferred under13

paragraph (4).14

(B) DEPOSIT.—The Administrator shall15

determine the proportion of the net proceeds16

that are deposited in the general fund of the17

Treasury and the Civilian Property Realign-18

ment Commission—Asset Proceeds and Space19

Management Fund for a fiscal year, except20

that, of the total amount of net proceeds for a21

fiscal year, the general fund of the Treasury22

shall receive—23

(i) 100 percent of all proceeds de-24

scribed in paragraph (2)(B) for the fiscal25


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year until such date as the total amount of1

those proceeds for the fiscal year exceeds2

$50,000,000; and3

(ii) not less than 80 percent of the net4

proceeds thereafter for the fiscal year.5

(c) INITIAL FUNDING.—Notwithstanding any other6

provision of law, not later than 30 days after the date of7

enactment of this Act, the Administrator shall transfer8

from the Federal Buildings Fund established under sec-9

tion 592 of title 40, United States Code—10

(1) $20,000,000, to the Civilian Property Re-11

alignment Commission—Salaries and Expenses ac-12

count established under subsection (a)(1), to remain13

available until expended, for salaries and expenses of14

the Commission; and15

(2) $62,000,000, to Civilian Property Realign-16

ment Commission—Asset Proceeds and Space Man-17

agement Fund established under subsection (b)(1),18

to remain available until expended, for use in car-19

rying out activities relating to the implementation of20

the recommendations of the Commission.21

SEC. 19. CONSIDERATION OF LIFE-CYCLE COST REQUIRED.22

Section 3305 of title 40, United States Code, is23

amended by adding at the end the following:24


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‘‘(d) CONSIDERATION OF LIFE-CYCLE COST RE-1

QUIRED.—2

‘‘(1) DEFINITIONS.—In this subsection:3

‘‘(A) LIFE-CYCLE COST.—The term ‘life-4

cycle cost’ means the sum of the following5

costs, as estimated for the lifetime of a build-6

ing:7

‘‘(i) Investment costs.8

‘‘(ii) Capital costs.9

‘‘(iii) Installation costs.10

‘‘(iv) Energy costs.11

‘‘(v) Operating costs.12

‘‘(vi) Maintenance costs.13

‘‘(vii) Replacement costs.14

‘‘(B) LIFETIME OF A BUILDING.—The15

term ‘lifetime of a building’ means, with respect16

to a building, the greater of—17

‘‘(i) the period of time during which18

the building is projected to be used; or19

‘‘(ii) 50 years.20

‘‘(2) REQUIREMENT.—The Administrator shall21

ensure that the life-cycle cost of a public building is22

considered in the construction or lease of a public23

building described in paragraph (3).24


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‘‘(3) FEDERAL PUBLIC BUILDINGS SUBJECT TO 1

REQUIREMENT.—A public building is subject to the2

requirement under paragraph (2) if—3

‘‘(A) construction or lease of the building4

begins after the date of the enactment of the5

Civilian Property Realignment Act of 2015;6

‘‘(B) the estimated construction costs of7

the building exceed $1,000,000;8

‘‘(C) in the case of a lease, the square foot-9

age of the property is more than 25,000 square10

feet; and11

‘‘(D) Federal funding comprises more than12

50 percent of the funding for the estimated13

construction or lease costs of the building.’’.14

property realignment 06162015

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