117 HR 7615 IH: Lodging Options Developed for Government Employees Act
U.S. House of Representatives
2022-04-28
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I
117th CONGRESS
2d Session
H. R. 7615
IN THE HOUSE OF REPRESENTATIVES
April 28, 2022
Mr. Moore of Utah (for himself and Mr. Panetta) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To authorize the Secretary of the Interior to enter into partnerships to develop housing, and for other purposes.
1.

Short title
This Act may be cited as the “Lodging Options Developed for Government Employees Act” or the “LODGE Act”.
2.

Housing partnerships; occupancy
Subchapter III of chapter 1013 of title 54, United States Code, is amended—
(1)
by amending section 101331 to read as follows:
“101331.

Definitions
In this subchapter:
(1)

Field employee
(A)

In general
The term field employee means—
(i)
an employee of the Service;
(ii)
an individual who is authorized to occupy and lease government quarters, as determined by the Secretary and under section 5911 of title 5; or
(iii)
an employee of the Federal Government who is—
(I)
eligible to live in government housing; and
(II)
not an employee of the Service.
(B)

Household members
The term field employee includes the members of the household of each individual described in subparagraph (A).
(2)

Housing partnership agreement
The term housing partnership agreement means an agreement, lease, or contract entered into under section 101334(a).
(3)

Member of the public
The term member of the public—
(A)
means an individual who is not a field employee; and
(B)
includes the members of such individual’s household.
(4)

Primary resource values
The term primary resource values means resources that are specifically mentioned in the enabling legislation for that field unit or other resource value recognized under Federal statute.
(5)

Project
The term project means housing developed under an agreement entered into under this subchapter.
(6)

Public lands
The term public lands means lands under the administrative jurisdiction of the Federal Government.
(7)

Quarters
The term quarters means housing owned or leased by the Federal Government, or the subject of a housing partnership agreement under this subchapter.”;
(2)
in section 101332(a)(2), by striking “rates” and inserting “affordable rates”;
(3)
in section 101333, by inserting “or affordability” after “lack of availability”;
(4)
by amending section 101334 to read as follows:
“(a)

In general
The Secretary may, pursuant to the authorities contained in this subchapter and subject to the appropriation of necessary funds in advance, enter into agreements, leases, or contracts with other Federal agencies, State or local governments, Tribal Governments, housing entities, or other public or private organizations, for the purposes of developing, constructing, rehabilitating, or managing housing for rent to field employees and members of the public—
(1)
on public lands, including System units;
(2)
off public lands in the vicinity of System units; or
(3)
a combination of public lands described in paragraphs (1) and (2).
(b)

Terms and conditions
(1)

National park lands
For any housing partnership agreements for housing on lands under the administrative jurisdiction of the Service, the Secretary shall ensure—
(A)
the housing and related facilities and the use thereof are in conformity with the approved plans for the field unit and Director’s orders and reference manuals related to Service housing;
(B)
that the location of the housing and related facilities will avoid degradation to the primary resource values within the field unit, and will not adversely affect the mission of the Service; and
(C)
that the agreements include any other terms and conditions the Secretary may consider advisable to protect the interests of the United States.
(2)

Other public or private lands
For any housing partnership agreements for housing on other public or private lands not under the administrative jurisdiction of the Service, the Secretary shall ensure the agreements—
(A)
have received the authorization of each Federal agency, State or local government, or other public or private entity involved;
(B)
identify both the Federal and non-Federal funding to be used in completing the housing and related facilities; and
(C)
any other terms and conditions the Secretary may consider advisable to protect the interests of the United States.
(c)

Housing occupancy
(1)

In general
The Secretary may allow field employees and members of the public to occupy and lease project quarters.
(2)

Compliance
Members of the public occupying quarters shall be subject to the same laws and policies with which field employees are required to comply, as applicable.
(3)

Prohibition
Field employees and members of the public shall be prohibited from subleasing housing established under this subchapter.
(4)

Preference
To the maximum extent practicable, priority for occupancy in project quarters shall be given to field employees.
(d)

Contracting procedures
Each contract awarded pursuant to this section shall be awarded through the use of publicly advertised, competitively bid, or competitively negotiated contracting procedures, unless the Secretary—
(1)
determines that it is in the public interest to use procedures other than competitive procedures with respect to the particular contract concerned; and
(2)
not less than 30 days before the award of the contract, notifies, in writing, the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of such determination and the rationale for such determination.
(e)

Rent
(1)

Collection
The Secretary may allow partners in agreements entered into under this section to collect rents directly from housing occupants.
(2)

Rates
For field employees, rent collected under this subsection may not exceed the rates determined pursuant to guidance in the document entitled “Circular No. A–45 Revised” and dated November 25, 2019 (or subsequent guidance).
(f)

Leases and limited ownership
(1)

In general
The Secretary may allow long-term leases or term-limited ownership of buildings on public lands, as appropriate, to facilitate the ability of an entity with whom a housing partnership agreement has been entered into under subsection (b) to secure financing.
(2)

Expiration of term
(A)

In general
Upon expiration of a term of ownership under paragraph (1), the Secretary may—
(i)
renew the housing partnership agreement;
(ii)
take ownership of the buildings; or
(iii)
enter into a new agreement.
(B)

Covering costs
If taking ownership of buildings under subparagraph (A)(ii), the Secretary may require the owner whose term of ownership is expiring to cover costs associated with preparing the building site for new or continued use.”;
(5)
in section 101335—
(A)
in subsection (a)—
(i)
in paragraph (1)(A), by striking “50” and inserting “60”;
(ii)
in paragraph (2)—
(I)
by striking “procedures.” and inserting “procedures, unless—”; and
(II)
by adding at the end the following:
“(A)
the lease is awarded to a nonprofit or government entity; or
(B)
the Secretary determines that it is in the public interest to use procedures other than competitive procedures in the particular lease concerned and notifies, in writing, the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of such determination and the rationale for such determination.”.
(iii)
in paragraph (3)(D), by inserting “, affordability,” after “improve the quality”; and
(B)
in subsection (b)—
(i)
by striking paragraphs (2) and (3); and
(ii)
by inserting after paragraph (1) the following:
“(2)

Terms and conditions
Any arrangement made pursuant to this subsection shall contain such terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States and ensure that necessary quarters are available to field employees.”; and
(C)
by redesignating paragraph (4) as paragraph (3);
(6)
by amending section 101338 to read as follows:
“(a)

Exemption from leasing requirement
The following provisions shall not apply to leases issued by the Secretary under this section:
(1)
Sections 102102 and 102901 of this title.
(2)
Section 1302 of title 40.
(b)

Proceeds from leases
The proceeds from any lease under section 101335(a)(1) or 101337 of this title from which the Service directly collects the proceeds shall be retained by the Service and deposited in the special fund established for repair, maintenance, rehabilitation, and operations of quarters and associated infrastructure.”; and
(7)
in section 101340, by amending subsection (b) to read as follows:
“(b)

Annual budget submittal
Each fiscal year, the President’s proposed budget to Congress shall include—
(1)
identification of non-construction funds to be spent for Service housing maintenance and operations that are in addition to rental receipts collected;
(2)
the use of each of the authorities provided to the Service under this subchapter;
(3)
the number of additional housing units needed within the National Park System;
(4)
any barriers that have been identified to providing the needed housing; and
(5)
any recommendations for changes to existing authorities that would help to remove those barriers.”.