[House Report 112-385]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-385
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1734) 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
_______
February 3, 2012.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Webster, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 537]
The Committee on Rules, having had under consideration
House Resolution 537, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1734, the
Civilian Property Realignment Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Transportation and Infrastructure. The resolution
waives all points of order against consideration of the bill.
The resolution provides that the amendment in the nature of a
substitute consisting of the text of Rules Committee Print 112-
11, shall be considered as adopted, and provides that the bill,
as amended, shall be considered as read. The resolution waives
all points of order against provisions in the bill, as amended.
The resolution makes in order only those further amendments
printed in this report. Each such amendment may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The resolution waives all
points of order against the amendments printed in this report.
Finally, the resolution provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against provisions in the
bill, as amended, includes a waiver of section 306 of the
Congressional Budget Act, prohibiting consideration of
legislation within the jurisdiction of the Committee on the
Budget unless reported by the Budget Committee. The waiver is
necessary because section 17(c) of Rules Committee Print 112-11
falls within the jurisdiction of the Committee on the Budget,
which did not report the bill.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 185
Motion by Mr. McGovern to report an open rule. Defeated: 3-
7.
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Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. Sessions.................... Nay Mr. McGovern...... Yea
Ms. Foxx........................ Nay Mr. Hastings of Yea
Florida.
Mr. Woodall..................... Nay Mr. Polis......... Yea
Mr. Nugent...................... Nay
Mr. Scott of South Carolina..... Nay
Mr. Webster..................... Nay
Mr. Dreier, Chairman............ Nay
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Norton (DC): Would require federal agencies to compile
environmental information about all property being considered
for action and provide for a limited review of property by
homeless service providers. (10 minutes)
2. Denham (CA): Would provide for a review of properties
for use for the homeless. (10 minutes)
3. Connolly (VA): Would protect the ability of federal
agencies to work with local governments to preserve appropriate
excess federal property as open space, eliminating federal
maintenance expenses while preserving public benefits. (10
minutes)
4. Jackson Lee (TX): Would add a sense of Congress that the
Civilian Property Realignment Commission should take steps to
provide assistance to small and minority-owned businesses
seeking to be awarded contracts and requires the Commission to
report to Congress and the President every 6 months regarding
contracting and the size of the entities awarded contracts. (10
minutes)
5. Norton (DC): Would streamline GSA's notification process
of excess properties by requiring GSA to directly notify Indian
tribes of available excess properties and granting Indian
tribes the option of obtaining the properties directly from GSA
at fair market value rather the Department of Interior. (10
minutes)
6. Carnahan (MO): Would require the use of life-cycle cost
analysis in the design or lease of federal buildings receiving
at least 50% Federal funding and which construction cost is
over $1,000,000 or the space to be leased is over 25,000 square
feet. Would require future prospectuses submitted to Congress
for the construction, alteration or acquisition of a building
or space to be leased by the Administrator of General Services
to describe the use of life-cycle cost analysis and how its use
has impacted long-term costs. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Delegate Norton of the District of
Columbia or Her Designee, Debatable for 10 Minutes
Page 12, after line 13, insert the following:
(D) The environmental effects of the
disposal, transfer, consolidation, co-location,
or reconfiguration of the Federal civilian real
properties.
Page 14, line 5, before the period insert ``and the
environmental effects''.
Page 28, after line 15, insert the following:
(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.
Page 31, strike lines 15 through 17 and insert the following:
(1) Preclusion of judicial review.--The following
actions shall not be subject to judicial review:
(A) Actions of the Commission under section
12.
(B) Actions of the Director of OMB and
Federal agencies under section 11.
Page 31, strike line 24 and all that follows through line 2
on page 32 and insert the following: ``of functions under this
Act, may be brought only within timeframes established by law
or regulation of the relevant agency but in no case more than
60 days after the date of completion of the associated
environmental review of the relevant agency.''.
----------
2. An Amendment To Be Offered by Representative Denham of California or
His Designee, Debatable for 10 Minutes
Page 28, after line 15, insert the following:
(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.
----------
3. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
Page 28, line 15, insert after ``the Administrator.'' the
following: ``The Administrator may also exclude property from
any such transaction that the Administrator has determined is
suitable for assignment to the Secretary of the Interior for
transfer to a State, a political subdivision or instrumentality
of a State, or a municipality for use as a public park or
recreation area under section 550(e) of title 40, United States
Code. In making such determination, the Administrator may
consider the appraised value of the property and the highest
and best use.''
----------
4. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Page 35, after line 14, insert the following:
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
----------
5. An Amendment To Be Offered by Delegate Norton of the District of
Columbia or Her Designee, Debatable for 10 Minutes
Page 35, after line 14, insert the following:
SEC. 22. FAIR DISPOSAL OF EXCESS PROPERTY TO INDIAN TRIBES.
(a) Policies and Methods.--Section 521 of title 40, United
States Code, is amended--
(1) by striking ``Subject to'' and inserting ``(a) In
General.--Subject to''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``and''
after the semicolon;
(B) in subparagraph (B) by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) to a local Indian tribe, as defined in
section 560 of this title.
``(b) Notification Requirement.--The Administrator of General
Services, in consultation with Indian tribes, shall develop
policies and procedures to ensure that local Indian tribes are
timely notified of the availability of excess property.''.
(b) Reimbursement for Transfer of Excess Property.--Section
522 of title 40, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A) by striking ``or''
after the semicolon;
(B) in subparagraph (B) by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) a local Indian tribe, as defined in
section 560 of this title, except for property
that is subject to section 523.''; and
(2) by adding at the end the following:
``(d) Savings Provision.--Nothing in this section shall
prevent a Federal agency from making a request on behalf of an
Indian tribe, as defined in section 560 of this title.''.
(c) Definition of Indian Tribe.--
(1) In general.--Subchapter III of chapter 5 of title
40, United States Code, is amended by adding at the end
the following:
``Sec. 560. Definition of Indian tribe
``In this subchapter, the term `Indian tribe' means any
Indian tribe or Alaska Native tribe, band, nation, pueblo,
village, or other organized group or community that the
Secretary of the Interior acknowledges to exist as an Indian
tribe under the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a).''.
(2) Clerical amendment.--The analysis for chapter 5
of title 40, United States Code, is amended by
inserting after the item relating to section 559 the
following:
``560. Definition of Indian tribe.''.
(d) Report.--Not later than 3 years after the date of
enactment of this Act, the Administrator of General Services
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on--
(1) the procedures used to notify Indian tribes, as
defined in section 560 of title 40, United States Code,
of the availability of excess property;
(2) the number of such Indian tribes that expressed
interest in excess property available under subchapter
II of chapter 5 of title 40, United States Code, and
the number of such Indian tribes that expressed
interest in property under section 523 of such title;
and
(3) the number of such Indian tribes that received
excess property under such subchapter.
----------
6. An Amendment To Be Offered by Representative Carnahan of Missouri or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new sections:
SEC. 22. 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. 23. 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.''.