[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4487 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 563
114th CONGRESS
  2d Session
                                H. R. 4487


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2016

                                Received

                             July 13, 2016

                          Read the first time

                             July 14, 2016

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
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 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 one 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 General Services 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 General Services 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 three 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 the following definitions 
apply:
            ``(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 1 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.

SEC. 17. SALES AND SAVINGS.

    (a) Definition.--In this section, the term ``property'' means the 
following:
            (1) The property located in the District of Columbia, 
        subject to survey and as determined by the Administrator of 
        General Services, generally consisting of Squares 325 and 326 
        and a portion of Square 351 and generally bounded by 12th 
        Street, Independence Avenue, C Street, and the James Forrestal 
        Building, all in Southwest Washington, District of Columbia, 
        including all associated air rights, improvements thereon, and 
        appurtenances thereto.
            (2) The property located in the District of Columbia, 
        subject to survey and as determined by the Administrator, 
        generally consisting of Square 326 south of C Street, including 
        the building known as the Cotton Annex.
    (b) Sale.--Not later than December 31, 2018, the Administrator 
shall sell the property at fair market value at highest and best use.
    (c) Net Proceeds.--Any net proceeds of a sale under subsection (b) 
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 be expended only subject to a specific 
future appropriation.

            Passed the House of Representatives May 23, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 563

114th CONGRESS

  2d Session

                               H. R. 4487

_______________________________________________________________________

                                 AN ACT

To reduce costs of Federal real estate, improve building security, and 
                          for other purposes.

_______________________________________________________________________

                             July 14, 2016

            Read the second time and placed on the calendar