[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4487 Reported in House (RH)]
<DOC>
Union Calendar No. 459
114th CONGRESS
2d Session
H. R. 4487
[Report No. 114-589, Part I]
To reduce costs of Federal real estate, improve building security, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2016
Mr. Barletta (for himself, Mr. Carson of Indiana, Mr. Shuster, Mr.
DeFazio, Ms. Norton, and Mr. Nadler) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Financial Services,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
May 23, 2016
Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 23, 2016
The Committee on Financial Services discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
[For text of introduced bill, see copy of bill as introduced on
February 8, 2016]
_______________________________________________________________________
A BILL
To reduce costs of Federal real estate, improve building security, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Buildings Reform and Savings
Act of 2016''.
SEC. 2. STREAMLINED LEASING PILOT PROGRAM.
(a) Execution of Leases.--The Administrator of General Services
shall establish and conduct a pilot program to execute lease agreements
pursuant to authority provided under section 585 of title 40, United
States Code, using alternative procedures.
(b) Adoption.--The Administrator shall prescribe alternative
procedures to enter into lease agreements in accordance with section
585 of title 40, United States Code, pursuant to the provisions of this
section.
(c) Goals of Procedures.--The goals of the alternative procedures
are--
(1) reducing the costs to the Federal Government of leased
space, including--
(A) executing long-term leases with firm terms of
10 years or more and reducing costly holdover and
short-term lease extensions, including short firm term
leases;
(B) improving office space utilization rates of
Federal tenants; and
(C) streamlining and simplifying the leasing
process to take advantage of real estate markets; and
(2) significantly reducing or eliminating the backlog of
expiring leases over the next 5 years.
(d) Leasehold Interests in Real Property.--
(1) Simplified procedures.--Notwithstanding section 3305(b)
of title 41, United States Code, but otherwise in accordance
with such section, the Administrator of General Services shall
provide special simplified procedures for acquisitions of
leasehold interests in real property at rental rates that do
not exceed the simplified lease acquisition threshold, as
defined in paragraph (2). The rental rate under a multiyear
lease does not exceed the simplified lease acquisition
threshold if the average annual amount of the rent payable for
the period of the lease does not exceed the simplified lease
acquisition threshold.
(2) Acquisition threshold.--For purposes of this section,
the simplified lease acquisition threshold is $500,000.
(e) Consolidated Lease Prospectuses.--The Administrator may, when
acquiring leasehold interests subject to section 3307 of title 40,
United States Code, transmit, pursuant to subsection (b) of such
section, to the committees designated in such section for approval a
prospectus to acquire leased space, and waive the requirements pursuant
to paragraphs (3) and (6) of section 3307(b), subject to the following
requirements:
(1) Cost per square footage.--The cost per square footage
does not exceed the maximum proposed rental rate designated for
the respective geographical area.
(2) Space utilization.--The Administrator ensures the
overall space utilization rate is 170 usable square feet per
person or better based on actual agency staffing levels when
occupied.
(3) Lease term.--The lease term, including the firm term,
is not less than 10 years.
(4) Geographic location.--The geographical location is
identified as having a large amount of square footage of
Federal office space and lease turnover and will likely result
in providing for the ability, on a timely basis, of the agency
to consolidate space effectively or meet any requirements for
temporary or interim space required for planned consolidations.
(f) Consolidations Generally.--The Administrator may consolidate
more than 1 project into a single prospectus submitted pursuant to
section 3307(b), title 40, United States Code, if such consolidation
will facilitate efficiencies and reductions in overall space and
improved utilization rates.
(g) Waiver Authority.--The Administrator may--
(1) waive notice and comment rulemaking, if the
Administrator determines the waiver is necessary to implement
this section expeditiously; and
(2) carry out the alternative procedures under this section
as a pilot program.
(h) Reports.--
(1) Annual reports.--During the period in which the pilot
program is conducted under this section, the Administrator
shall submit, annually, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
progress report that provides updates on the number and square
footage of leases expiring in the 5-year period beginning on
the date of enactment of this Act, by agency and region, and
which shall include for the expiring leases--
(A) an average of the lease terms, including firm
terms, for leases executed; and
(B) the percentage of leases managed in-house or
through the use of commercial real estate leasing
services.
(2) Final report.--Not later than 180 days after
termination of the pilot program, the Administrator shall
submit a final report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate. The
final report shall include--
(A) a review and evaluation of the lease agreements
executed under the alternative procedures established
pursuant to this section in comparison to those
agreements not executed pursuant to the alternative
procedures;
(B) recommendations on any permanent changes to the
General Services Administration's leasing authority;
and
(C) a progress evaluation in meeting the goals
described in subsection (c).
(i) Termination.--The authorities under this section shall
terminate on December 31, 2021.
SEC. 3. EXCHANGE AUTHORITY.
(a) Limitation on Exchange Authority.--Section 3307(a) of title 40,
United States Code, is amended--
(1) in paragraph (1), by inserting ``(including by
exchange)'' after ``acquire''; and
(2) by adding at the end the following:
``(4) An appropriation for any costs and expenses
associated with administering an acquisition by exchange
involving real property or in-kind consideration, including
services, with a fair market value of $2,850,000 or more.''.
(b) Effective Date.--The amendments made by this section shall not
apply to projects in which a procurement has already begun.
SEC. 4. FEDERAL PROTECTIVE SERVICE.
(a) Section 1315 of title 40, United States Code, is amended by
adding at the end the following new subsection:
``(h) Contract Security Personnel.--
``(1) Authorities for contract security personnel.--
``(A) Carrying of firearms.--The Secretary may
authorize contract security personnel engaged in the
protection of buildings and grounds that are owned,
occupied, or secured by the General Services
Administration Public Buildings Service to carry
firearms to carry out their official duties.
``(B) Detention without a warrant.--A person
authorized to carry a firearm under this subsection
may, while in the performance of, and in connection
with, official duties, detain an individual without a
warrant for any offense against the United States
committed in that person's presence or for any felony
cognizable under the laws of the United States if that
person has reasonable grounds to believe that the
individual to be detained has committed or is
committing such felony. The detention authority
conferred by this paragraph is in addition to any
detention authority provided under other laws.
``(2) Limitations.--The following limitations apply:
``(A) Detention.--Contract security personnel
authorized to carry firearms under this section may
detain an individual only if the individual to be
detained is within, or in direct flight from, the area
of such offense.
``(B) Enforcement of certain laws.--A person
granted authority to detain under this section may
exercise such authority only to enforce laws regarding
any building and grounds and all property located in or
on that building and grounds that are owned, occupied,
or secured by the General Services Administration
Public Buildings Service.
``(3) Guidance.--The Secretary, with the approval of the
Attorney General, shall issue guidelines to implement this
section.''.
(b) Section 1315(b) of title 40, United States Code, is amended--
(1) by inserting ``and'' at the end of subparagraph (D);
(2) by striking ``; and'' at the end of subparagraph (E)
and inserting a period; and
(3) by striking subparagraph (F).
(c) Section 1315(b) of title 40, United States Code, is amended by
adding at the end the following new paragraphs:
``(3) Minimum training standards.--The Secretary, in
consultation with the Director of the Federal Protective
Service and in accordance with guidelines issued by the
Attorney General, shall establish minimum and uniform training
standards for any employee designated as an officer or agent to
carry out and exercise authority pursuant to this section. Such
minimum standards shall include ongoing training certified by
the Director of the Federal Protective Service.
``(4) Notification of designations and delegations.--The
Secretary shall submit written notification of any approved
designations or delegations of any authority provided under
this section, including the purposes and scope of such
designations or delegations, not within the Federal Protective
Service, to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate, including the
purpose for such designations or delegations, oversight
protocols established to ensure compliance with any
requirements, including compliance with training requirements,
and other specifics regarding such designations and
delegations.''.
SEC. 5. EVALUATION OF FEDERAL PROTECTIVE SERVICE PERSONNEL NEEDS.
(a) Personnel and Funding Needs of Federal Protective Service.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act and after review by a qualified
consultant pursuant to paragraph (2), the Secretary shall
submit a report to the appropriate congressional committees on
the personnel needs of the Federal Protective Service that
includes recommendations on the numbers of Federal Protective
Service law enforcement officers and the workforce composition
of the Federal Protective Service needed to carry out the
mission of such Service during the 10-fiscal-year period
beginning after the date of enactment of this Act.
(2) Review and comment.--The Secretary shall provide the
report prepared under this section to a qualified consultant
for review and comment before submitting the report to the
appropriate congressional committees. The Secretary shall
provide the comments of the qualified consultant to the
appropriate congressional committee with the report.
(3) Contents.--The report under this section shall include
an evaluation of--
(A) the option of posting a full-time equivalent
Federal Protective Service law enforcement officer at
each level 3 or 4 Federal facility, as determined by
the Interagency Security Committee, that on the date of
enactment of this Act has a protective security officer
stationed at the facility;
(B) the potential increase in security of any
option evaluated under subparagraph (A);
(C) the immediate and projected costs of any option
evaluated under such subparagraph; and
(D) the immediate and projected costs of
maintaining the current level of protective security
officers and full-time Federal Protective Service law
enforcement officers.
(b) Report on Funding.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the best method of funding for the
Federal Protective Service, which shall include recommendations
regarding whether the Federal Protective Service should--
(1) continue to be funded by a collection of fees and
security charges;
(2) be funded by appropriations; or
(3) be funded by a combination of fees, security charges,
and appropriations.
SEC. 6. ZERO-BASED SPACE JUSTIFICATION.
Section 3307(b) of title 40, United States Code, is amended--
(1) in paragraph (5), by inserting before the semicolon the
following: ``including a cost comparison between leasing space
or constructing space'';
(2) in paragraph (6) by striking ``and'' at the end;
(3) in paragraph (7) by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(8) with respect to any prospectus, including for
replacement space, lease renewal, or lease extension, the
Administrator shall include a justification for such space,
including an explanation of why such space could not be
consolidated or colocated into other owned or leased space.''.
SEC. 7. ELIMINATING PROJECT ESCALATIONS.
Section 3307(c) of title 40, United States Code, is amended by
adding at the end the following: ``The Administrator shall notify, in
writing, the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate of any increase of more than 5 percent of an
estimated maximum cost or of any increase or decrease in the scope or
size of a project of 5 or more percent. Such notification shall include
an explanation regarding any such increase or decrease. The scope or
size of a project shall not increase or decrease by more than 10
percent unless an amended prospectus is submitted and approved pursuant
to this section.''.
SEC. 8. LIMITATION ON AUTHORIZATIONS.
Section 3307 of title 40, United States Code, is amended by adding
at the end the following:
``(i) Expiration of Committee Resolutions.--Unless a lease is
executed or a construction, alteration, repair, design, or acquisition
project is initiated not later than 5 years after the resolution
approvals adopted by the Committee on Transportation and Infrastructure
of the House of Representatives or the Committee on Environment and
Public Works of the Senate pursuant to subsection (a), such resolutions
shall be deemed expired. This subsection shall only apply to
resolutions approved after the date of enactment of this subsection.''.
SEC. 9. DEPARTMENT OF ENERGY HEADQUARTERS REPLACEMENT.
(a) Sale of Certain Property.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the General
Services Administration is directed to sell, exchange, or some
combination thereof, a portion of the Forrestal Complex
necessary to generate the funds necessary to construct a new
Department of Energy headquarters on Government-owned land in a
manner consistent with the SW Ecodistrict Plan if the
Administrator determines that the new Department of Energy
headquarters can be constructed with no net costs to the
Government.
(2) Definitions.--For purposes of this section, the
following definitions apply:
(A) Department of energy forrestal complex.--The
term ``Forrestal Complex'' means the land, including
the buildings and other improvements thereon, that--
(i) subject to survey and as determined by
the Administrator, is--
(I) located in the District of
Columbia;
(II) generally bounded by
Independence Avenue, Southwest, 12th
Street, Southwest, Maryland Avenue,
Southwest, and 9th Street, Southwest;
and
(III) generally consisting of
Squares 351-N, 351, 383, 384, and 385
and portions of Squares 325 and 352;
and
(ii) is under the jurisdiction and control
of the General Services Administration.
(B) SW ecodistrict plan.--The term ``SW Ecodistrict
Plan'' means the plan of the National Capital Planning
Commission titled ``The SW Ecodistrict: A Vision Plan
For A More Sustainable Future'' and dated January 2013.
(b) Replacement of Headquarters.--Not later than 2 years after the
disposal of the necessary portions of the Forrestal Complex, the
Administrator shall replace the Department of Energy headquarters
located on the Forrestal Complex in a Government-owned building on
Government-owned land.
(c) Certain Prohibitions.--The Administrator shall not lease a new
Department of Energy headquarters or engage in a leaseback of the
current headquarters.
(d) Sale.--If the Administrator is unable to meet the conditions of
subsection (a), the Administrator shall sell any underutilized or
vacant property on the Forrestal Complex for cash.
(e) Net Proceeds.--Any net proceeds received, exceeding the
expenses of implementing subsection (b) or (d), shall be paid into an
account in the Federal Buildings Fund established under section 592 of
title 40, United States Code. Upon deposit, the net proceeds from the
sale may only be expended subject to a specific future appropriation.
SEC. 10. LIMITATION ON DISCOUNTED PURCHASE OPTIONS.
Section 585 of title 40, United States Code, is amended by adding
at the end the following:
``(d) Any bargain-price option to purchase at less than fair market
value contained in any lease agreement entered into on or after January
1, 2016, pursuant to this section may be exercised only to the extent
specifically provided for in subsequent appropriation Acts or other
Acts of Congress.''.
SEC. 11. ENERGY SAVINGS.
To the extent practicable and when cost effective, the
Administrator of the General Services Administration shall consider the
direct purchase of energy and other utilities in bulk or otherwise for
leased facilities.
SEC. 12. SIMPLIFIED REFORMS.
(a) In General.--For the purpose of section 863 of Public Law 110-
417, an individual acquisition for commercial leasing services shall
not be construed as a purchase of property or services if such
individual acquisition is made on a no cost basis and pursuant to a
multiple award contract awarded in accordance with requirements for
full and open competition.
(b) Audit.--The Comptroller General of the United States shall--
(1) conduct biennial audits of the General Services
Administration National Broker Contract to determine--
(A) whether brokers selected under the program
provide lower lease rental rates than rates negotiated
by General Services Administration staff; and
(B) the impact of the program on the length of time
of lease procurements;
(2) conduct a review of whether the application of section
863 of Public Law 110-417 to acquisitions for commercial
leasing services resulted in rental cost savings for the
Government during the years in which such section was
applicable prior to the date of enactment of this section; and
(3) not later than September 30, 2018, and September 30,
2020, submit 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 that--
(A) summarizes the results of the audit and review
required by paragraphs (1) and (2);
(B) includes an assessment of whether the National
Broker Contract provides greater efficiencies and
savings than the use of General Services Administration
staff; and
(C) includes recommendations for improving General
Services Administration lease procurements.
(c) Termination.--This section shall terminate on December 31,
2021.
SEC. 13. NATIONAL CAPITAL REGION RENTAL RATES.
Not later than 120 days after the date of enactment of this Act,
the Administrator of General Services shall submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate justifying the use of 3 lease rental caps per fiscal year
and their impacts in the National Capital Region. The Administrator
shall also evaluate and make recommendations related to whether the
current rental caps adequately provide for maximum competition for
build-to-suit leased space.
SEC. 14. REDUCTION OF ADMINISTRATIVE REQUIREMENTS ON CERTAIN PROGRAMS.
Section 601(d)(2) of the Public Works and Economic Development Act
of 1965, as amended (42 U.S.C. 3211), is amended--
(1) by striking ``(2) Release.--'' and inserting the
following:
``(2) Release.--
``(A) In general.--''; and
(2) by adding at the end the following:
``(B) Revolving loan fund program.--The Secretary
may release, subject to terms and conditions the
Secretary determines appropriate, the Federal
Government's interest in connection with a grant under
section 209(d) not less than 7 years after final
disbursement of the grant, if--
``(i) the recipient has carried out the
terms of the award in a satisfactory manner;
``(ii) any proceeds realized from the
release of the Federal Government's interest
will be used for one or more activities that
continue to carry out the economic development
purposes of this Act; and
``(iii) the recipient shall provide
adequate assurance to the Secretary that at all
times after release of the Federal Government's
interest in connection with the grant, the
recipient will be responsible for continued
compliance with the requirements of section 602
in the same manner it was responsible prior to
release of the Federal Government's interest
and that the recipient's failure to comply
shall result in the Secretary taking
appropriate action, including, but not limited
to, rescission of the release and recovery of
the Federal share of the grant.''.
SEC. 15. LACTATION ROOM IN PUBLIC BUILDINGS.
(a) Lactation Room in Public Buildings.--Chapter 33 of title 40,
United States Code, is amended by adding at the end the following new
section:
``Sec. 3317. Lactation room in public buildings
``(a) Definitions.--In this section:
``(1) Appropriate authority.--The term `appropriate
authority' means the head of a Federal agency, the Architect of
the Capitol, or other official authority responsible for the
operation of a public building.
``(2) Covered public building.--The term `covered public
building' means a public building (as defined in section 3301)
that is open to the public and contains a public restroom, and
includes a building listed in section 6301 or 5101.
``(3) Lactation room.--The term `lactation room' means a
hygienic place, other than a bathroom, that--
``(A) is shielded from view;
``(B) is free from intrusion; and
``(C) contains a chair, a working surface, and, if
the public building is otherwise supplied with
electricity, an electrical outlet.
``(b) Lactation Room Required.--Except as provided in subsection
(c), the appropriate authority of a covered public building shall
ensure that the building contains a lactation room that is made
available for use by members of the public to express breast milk.
``(c) Exceptions.--A covered public building may be excluded from
the requirement in subsection (b) at the discretion of the appropriate
authority if--
``(1) the public building--
``(A) does not contain a lactation room for
employees who work in the building; and
``(B) does not have a room that could be repurposed
as a lactation room or a space that could be made
private using portable materials, at a reasonable cost;
or
``(2) new construction would be required to create a
lactation room in the public building and the cost of such
construction is unfeasible.
``(d) No Unauthorized Entry.--Nothing in this section shall be
construed to authorize an individual to enter a public building or
portion thereof that the individual is not otherwise authorized to
enter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of title 40, United States Code, is amended by inserting
after the item related to section 3316 the following new item:
``3317. Lactation room in public buildings.''.
(c) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 16. USE OF RECLAIMED REFRIGERANTS.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services shall issue a report examining
the feasibility of giving preference to the use of reclaimed
refrigerants to service existing equipment of Federal buildings.
Union Calendar No. 459
114th CONGRESS
2d Session
H. R. 4487
[Report No. 114-589, Part I]
_______________________________________________________________________
A BILL
To reduce costs of Federal real estate, improve building security, and
for other purposes.
_______________________________________________________________________
May 23, 2016
Reported from the Committee on Transportation and Infrastructure with
an amendment
May 23, 2016
The Committee on Financial Services discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed