H. Rept. 118-413 - TO AMEND TITLE 40, UNITED STATES CODE, TO ESTABLISH AN EXPIRATION DATE OF CERTAIN COMMITTEE RESOLUTIONS WITH RESPECT TO LEASES OR PROJECTS, AND FOR OTHER PURPOSES118th Congress (2023-2024)
PDF (462KB)(PDF provides a complete and accurate display of this text.)Tip?
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-413
======================================================================
TO AMEND TITLE 40, UNITED STATES CODE, TO ESTABLISH AN EXPIRATION DATE
OF CERTAIN COMMITTEE RESOLUTIONS WITH RESPECT TO LEASES OR PROJECTS,
AND FOR OTHER PURPOSES
_______
March 7, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 6316]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6316) to amend title 40, United
States Code, to establish an expiration date of certain
committee resolutions with respect to leases or projects, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings and Recommendations................. 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Duplication of Federal Programs.................................. 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of The Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose of Legislation
The purpose of H.R. 6316 is to amend title 40, United
States Code, to establish an expiration date of certain
committee resolutions with respect to leases or projects, and
for other purposes.
Background and Need for Legislation
H.R. 6316 ensures accountability of the General Services
Administration (GSA) to Congress by creating an expiration date
for resolutions passed by the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate. This
bill sets a five-year expiration date for resolutions after
their passage if no lease has been awarded or no construction,
alteration, repair, design, or acquisition project has been
initiated. This legislation ensures that GSA takes prompt
action on passed resolutions and minimizes the possibility of
GSA acting on dated proposals.
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress, the following hearing was used to develop or
consider H.R. 6316:
On July 13, 2023, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management of the Committee on
Transportation and Infrastructure held a hearing entitled,
``When the Lights Are On but No One's Home: An Examination of
Federal Office Space Utilization.'' The hearing discussed
Federal real estate, including office space utilization. The
Subcommittee received testimony from Ms. Nina Albert,
Commissioner, Public Buildings Service, GSA; and Mr. David
Marroni, Acting Director, Physical Infrastructure, Government
Accountability Office (GAO).
Legislative History and Consideration
H.R. 6316, ``To amend title 40, United States Code, to
establish an expiration date of certain committee resolutions
with respect to leases or projects, and for other purposes,''
was introduced in the United States House of Representatives on
November 8, 2023, by Representative Dina Titus of Nevada, with
Representative Scott Perry of Pennsylvania as an original
cosponsor, and referred to the Committee on Transportation and
Infrastructure. Within the Committee on Transportation and
Infrastructure, H.R. 6316 was referred to the Subcommittee on
Economic Development, Public Buildings, and Emergency
Management. The Subcommittee on Economic Development, Public
Buildings, and Emergency Management was discharged from further
consideration of H.R. 6316 on November 15, 2023.
The Committee considered H.R. 6316 on November 15, 2023,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were taken during consideration of H.R.
6316.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 6316 from the
Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 6316 would limit the authority of the General Services
Administration (GSA) to enter into or start certain leases and
projects to five years after the relevant Congressional
committees have passed resolutions approving those activities.
GSA is responsible for repairing the federal buildings it
manages and leasing privately owned properties for use by
federal agencies. Under current law, except in emergency
situations, all leases and repairs of more than $4 million and
alterations of more than $2 million require prior approval via
resolutions from the House Committee on Transportation and
Infrastructure and the Senate Committee on Environment and
Public Works. Those approval resolutions generally do not
contain time limits for GSA to enter into or start such leases
and projects.
Using information from the Government Accountability
Office, CBO expects that the bill's requirements would not
significantly affect GSA administrative costs or total GSA
spending on leases or building repairs. Accordingly, CBO
estimates that the cost to implement H.R. 6316 would be
insignificant. Any spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to amend
title 40, United States Code, to establish an expiration date
of certain committee resolutions with respect to leases or
projects, and for other purposes.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 6316 establishes or reauthorizes a program of the
Federal government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 6316 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
created by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Limitation on Authorizations
This section amends section 3307 of title 40, United States
Code, by requiring that, after five years, 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 will expire if the leases have
not been awarded or if the construction, alteration, repair,
design, or acquisition projects have not initiated. This
expiration will apply solely to resolutions approved after the
date of enactment of H.R. 6316.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
* * * * * * *
PART A--GENERAL
* * * * * * *
CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION
* * * * * * *
Sec. 3307. Congressional approval of proposed projects
(a) Resolutions Required Before Appropriations May Be Made.--
The following appropriations may be made only if the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives adopt resolutions approving the purpose for
which the appropriation is made:
(1) An appropriation to construct, alter, or acquire
any building to be used as a public building which
involves a total expenditure in excess of $1,500,000,
so that the equitable distribution of public buildings
throughout the United States with due regard for the
comparative urgency of need for the buildings, except
as provided in section 3305(b) of this title, is
ensured.
(2) An appropriation to lease any space at an average
annual rental in excess of $1,500,000 for use for
public purposes.
(3) An appropriation to alter any building, or part
of the building, which is under lease by the Federal
Government for use for a public purpose if the cost of
the alteration will exceed $750,000.
(b) Transmission to Congress of Prospectus of Proposed
Project.--To secure consideration for the approval referred to
in subsection (a), the Administrator of General Services shall
transmit to Congress a prospectus of the proposed facility,
including--
(1) a brief description of the building to be
constructed, altered, or acquired, or the space to be
leased, under this chapter;
(2) the location of the building or space to be
leased and an estimate of the maximum cost to the
Government of the facility to be constructed, altered,
or acquired, or the space to be leased;
(3) a comprehensive plan for providing space for all
Government officers and employees in the locality of
the proposed facility or the space to be leased, having
due regard for suitable space which may continue to be
available in existing Government-owned or occupied
buildings, especially those buildings that enhance the
architectural, historical, social, cultural, and
economic environment of the locality;
(4) with respect to any project for the construction,
alteration, or acquisition of any building, a statement
by the Administrator that suitable space owned by the
Government is not available and that suitable rental
space is not available at a price commensurate with
that to be afforded through the proposed action;
(5) a statement by the Administrator of the economic
and other justifications for not acquiring a building
identified to the Administrator under section 3303(c)
of this title as suitable for the public building needs
of the Government;
(6) a statement of rents and other housing costs
currently being paid by the Government for federal
agencies to be housed in the building to be
constructed, altered, or acquired, or the space to be
leased;
(7) with respect to any prospectus for the
construction, alteration, or acquisition of any
building or space to be leased, an estimate of the
future energy performance of the building or space and
a specific description of the use of energy efficient
and renewable energy systems, including photovoltaic
systems, in carrying out the project; and
(8) a statement of how the proposed project is
consistent with the standards and criteria developed
under section 11(b) of the Federal Assets Sale and
Transfer Act of 2016.
(c) Increase of Estimated Maximum Cost.--The estimated
maximum cost of any project approved under this section as set
forth in any prospectus may be increased by an amount equal to
any percentage increase, as determined by the Administrator, in
construction or alteration costs from the date the prospectus
is transmitted to Congress. The increase authorized by this
subsection may not exceed 10 percent of the estimated maximum
cost.
(d) Rescission of Approval.--If an appropriation is not made
within one year after the date a project for construction,
alteration, or acquisition is approved under subsection (a),
the Committee on Environment and Public Works of the Senate or
the Committee on Transportation and Infrastructure of the House
of Representatives by resolution may rescind its approval
before an appropriation is made.
(e) Emergency Leases by the Administrator.--This section does
not prevent the Administrator from entering into emergency
leases during any period declared by the President to require
emergency leasing authority. An emergency lease may not be for
more than 180 days without approval of a prospectus for the
lease in accordance with subsection (a).
(f) Minimum Performance Requirements for Leased Space.--With
respect to space to be leased, the Administrator shall include,
to the maximum extent practicable, minimum performance
requirements requiring energy efficiency and the use of
renewable energy.
(g) Limitation on Leasing Certain Space.--
(1) In general.--The Administrator may not lease
space to accommodate any of the following if the
average rental cost of leasing the space will exceed
$1,500,000:
(A) Computer and telecommunications
operations.
(B) Secure or sensitive activities related to
the national defense or security, except when
it would be inappropriate to locate those
activities in a public building or other
facility identified with the Government.
(C) A permanent courtroom, judicial chamber,
or administrative office for any United States
court.
(2) Exception.--The Administrator may lease space
with respect to which paragraph (1) applies if the
Administrator--
(A) decides, for reasons set forth in
writing, that leasing the space is necessary to
meet requirements which cannot be met in public
buildings; and
(B) submits the reasons to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
(h) Dollar Amount Adjustment.--The Administrator annually may
adjust any dollar amount referred to in this section to reflect
a percentage increase or decrease in construction costs during
the prior calendar year, as determined by the composite index
of construction costs of the Department of Commerce. Any
adjustment shall be expeditiously reported to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(i) Expiration of Committee Resolutions.--
(1) In general.--Unless a lease is awarded 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.
(2) Application.--This subsection shall only apply to
resolutions approved after the date of enactment of
this subsection.
* * * * * * *
[all]
