[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.

------------------------------------------------------------------------
        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
------------------------------------------------------------------------

                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.''.

                                  
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