[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[House]
[Pages H2941-H2945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PUBLIC BUILDINGS REFORM AND SAVINGS ACT OF 2016
Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4487) to reduce costs of Federal real estate, improve
building security, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4487
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 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.
[[Page H2942]]
``(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
[[Page H2943]]
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 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 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.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentleman from Indiana (Mr. Carson)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 4487, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. I yield myself such time as I may consume.
Mr. Speaker, H.R. 4487, as amended, includes reforms that will reduce
the cost of Federal real estate and improve Federal building security.
I am pleased to be the sponsor of this important legislation. I want to
thank Chairman Shuster and Ranking Member DeFazio of the Committee on
Transportation and Infrastructure and our subcommittee Ranking Member
Carson for working with me on crafting this important legislation.
The Subcommittee on Economic Development, Public Buildings, and
Emergency Management held a series of hearings, roundtables, and
listening sessions to examine the General Services Administration's
lease portfolio. What we found was, within 5 years, half of all GSA
leases will expire.
To give some perspective on how much space that represents, that is
100 million square feet of space or 32 new World Trade Centers in New
York. More than half of GSA's total real estate inventory is in
commercial leased space, costing the taxpayer more than $5.5 billion
each year.
How we replace these leases has a huge impact on the costs to the
taxpayer. For larger leases and projects requiring committee
authorization, we have already taken steps to reduce the cost of
Federal real estate to the taxpayer.
Since last Congress, the committee has worked with GSA to reduce the
Federal footprint through consolidating space and improving space
utilization. Through those efforts, we have saved the taxpayer more
than $3 billion in avoided lease costs. Those are real savings.
When we reduce the amount of office space agencies are leasing, it
directly reduces the cost to the taxpayer. With the large number of
leases expiring in the near future, we now have a ripe opportunity to
save even more by negotiating better rental rates and concessions.
To take advantage of this opportunity, the Public Buildings Reform
and Savings Act establishes a leasing pilot program. This pilot program
will
[[Page H2944]]
allow GSA to streamline the leasing process to work through expiring
leases more quickly and lock in good deals for the long term. The
legislation gives GSA flexible pilot authority to address roadblocks to
reducing costs so that space acquisition can be based on the best deal
and not on arbitrary factors like unusually high ceiling heights that
reduce competition.
The legislation could result in a 20 percent reduction in lease costs
and save taxpayers more than $500 million annually, without even
accounting for savings through reduction in space. The legislation also
includes language that will give GSA a better ability, where
appropriate, to use public-private partnerships to meet space needs,
leveraging private dollars to offset costs.
In addition to these reforms, H.R. 4487, as amended, includes
provisions that will improve building security by clarifying
requirements related to the training and accountability of the Federal
Protective Service. H.R. 4487, as amended, also includes other
provisions that will improve Congress' oversight of public building
projects to ensure building projects make sense and stay within budget
and on time.
I urge my colleagues to support the passage of this important
legislation.
Mr. Speaker, I reserve the balance of my time.
Committee on Homeland Security,
House of Representatives,
Washington, DC, May 23, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: I am writing to you concerning the
jurisdictional interest of the Committee on Homeland Security
in H.R. 4487, the ``Public Buildings Reform and Savings Act
of 2016.'' The bill contains provisions that fall within the
jurisdiction of the Committee on Homeland Security.
I recognize and appreciate the desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, the Committee on
Homeland Security will forego action on this bill. The
Committee takes this action with the mutual understanding
that by foregoing consideration of H.R. 4487 at this time, we
do not waive any jurisdiction over subject matter contained
in this or similar legislation, and that our Committee will
be appropriately consulted and involved as this bill or
similar legislation moves forward so that we may address any
remaining issues in our jurisdiction.
The waiver is also given with the understanding that the
Committee on Homeland Security expressly reserves its
authority to seek conferees on any provision within its
jurisdiction during any House-Senate conference that may be
convened on this or any similar legislation, and requests
your support for such a request
I would appreciate your response to this letter confirming
this understanding with respect to H.R. 4487, and ask that a
copy of this letter and your response be included in the
Congressional Record during consideration of this bill on the
House floor.
Sincerely,
Michael T. McCaul,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, May 23, 2016.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: Thank you for your letter regarding
H.R. 4487, the Public Buildings Reform and Savings Act of
2016. I appreciate your willingness to support expediting the
consideration of this legislation on the House Floor.
I acknowledge that by waiving consideration of this bill,
the Committee on Homeland Security does not waive any future
valid jurisdictional claim it may have to provisions in this
or similar legislation. In addition, should a conference on
the bill be necessary, I would cooperate as you seek
appointment of an appropriate number of conferees to any
House-Senate conference involving provisions within this
legislation on which the Committee on Homeland Security has
demonstrated a valid jurisdictional claim.
I will include our letters on H.R. 4487 in the
Congressional Record during House floor consideration of the
bill. I appreciate your cooperation regarding this
legislation.
Sincerely,
Bill Shuster,
Chairman.
____
Mr. CARSON of Indiana. Mr. Speaker, I thank Chairman Barletta,
Chairman Shuster, and Ranking Member DeFazio.
I rise in support of H.R. 4487, the Public Buildings Reform and
Savings Act of 2016.
Mr. Speaker, this bill begins the process of reforming GSA, Public
Buildings Service, and the Federal Protective Service. I would like to
thank my colleagues, again, for being a partner in developing this very
important piece of legislation directing GSA to improve the management
of Federal real estate. The GAO has consistently listed the management
of Federal real property an area of high risk.
The provisions contained in today's legislation will address many of
the concerns that GAO has documented. Specifically, the bill will
direct GSA to reform the leasing process and tighten oversight of the
construction program.
{time} 2000
The centerpiece of this legislation is a 5-year pilot program
designed to streamline the GSA leasing procurement process. Mr.
Speaker, by raising the threshold for simplified lease acquisitions, I
believe GSA will be able to reduce their workload on smaller leases and
focus their staff on the execution of larger leases that can provide
even more savings to taxpayers.
While owning is often the most cost-effective option for housing
Federal agencies, there will also be a need for the Federal Government
to lease space. The pilot program, and the GAO reports authorized by
this bill, is expected to provide the Committee on Transportation with
definitive data about the most efficient way to lease Federal office
space. The interim reports on the pilot program and the effectiveness
of GSA's use of commercial brokers will be instructive as to which new
authorities Congress should let expire in 5 years and which we should
keep.
I am also pleased that today's bill includes several reforms authored
in H.R. 1850, the Federal Protective Service Improvement Act of 2015.
Mr. Speaker, in the aftermath of the 1995 Murrah Building bombing in
Oklahoma City, the Department of Justice, or DOJ, assessed the
vulnerability of Federal buildings in the United States, particularly
related to acts of terrorism and other forms of violence.
The Department of Justice made several recommendations, including
upgrading the Federal Protective Service and bringing each Federal
facility up to higher minimum standards for its security levels.
The reforms in today's legislation include creating a national
framework for the 13,000 contract guards who protect Federal buildings,
employees, and visitors each and every day. It mandates a minimum level
of training for Protective Service Officers, or PSOs, while at the same
time providing authority for PSOs to carry firearms and detain suspects
accused of a felony on Federal property. As a former police officer, I
can't overstate the importance of a strong training standard for
security personnel at every Federal facility across our great Nation.
The bill also requires the Secretary of the Department of Homeland
Security to study whether it has a sufficient number of law enforcement
officers and inspectors necessary to regularly conduct security
assessments of Federal facilities. Another provision requires a study
of whether FPS' fee structure is sufficient to fund the strong law
enforcement presence needed today. Mr. Speaker, I expect that when
these reports are completed, they will help guide the Committee's
efforts to address FPS' long-term funding and staffing issues.
Mr. Speaker, I believe it is critically important that we do
everything possible to protect the millions of Federal workers and
daily visitors to Federal buildings. With increased oversight and
additional legislative authority, I believe the FPS can fulfill its
mission.
I hope, in closing, that we can continue to work in a bipartisan
manner on these matters. I thank the chair and ranking member of the
full committee, who both cosponsored and supported this important piece
of legislation. Together, we can put forth commonsense reforms that
allow both GSA and FPS to be good stewards of our Nation's public
buildings.
Mr. Speaker, I yield 3 minutes to the gentlewoman from the District
of Columbia (Ms. Norton), who is an American icon and legend.
Ms. NORTON. Mr. Speaker, I thank my good friend for his overly
generous introduction, and I thank my friend from Pennsylvania and my
friend from Indiana for this bill.
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This bill, which I strongly support, the Public Buildings Reform and
Savings Act of 2016, may seem quite technical to those who have heard
it described, but I do want to congratulate my friends, the chairman
and the ranking member, for a bill that will have great substantive
impact on the way that GSA does its business. I particularly appreciate
the bipartisan way in which both of them have always performed. I also
thank them both for accepting my amendments: one, in keeping with both
this bill and the prior bill, for a new, federal footprint here, and a
smaller Department of Energy; and then an amendment that is not related
to any of this, for lactation space for visitors to Federal buildings.
I appreciate the acceptance of an amendment that allows the GSA to
sell or exchange the Department of Energy Forrestal Complex that is
right in the heart of The Mall area, at 1000 Independence Avenue, in
accordance with the so-called Southwest Ecodistrict Plan, which means
that all the appropriate planning has been done, given where this
location is and how important it is to official Washington.
My amendment has two purposes. Because the DOE building is larger
than necessary and results in wasteful spending, we now require a
smaller footprint. It allows the Cotton Annex, close to the Department
of Energy on The Mall, to be sold, and gives the GSA what a developer
needs--that is what GSA is, a developer--the flexibility to develop
this priceless land and assures that development will occur soon--GSA
has to come back by June, and we are almost there--with a process for
disposing of the Cotton Annex.
I want to thank both gentlemen for agreeing to my amendment that I
call the ``motherhood'' bill. GSA already requires that employees be
given lactation space, but we discovered that some employees at the
Smithsonian were not getting it. When I called the Smithsonian, they
immediately provided the regional space. It is not new space, only
existing space for a mother to pump or to nurse a baby, if she is a
Federal employee. I simply added visitors and guests to Federal
facilities as those that can use this space.
The Nation's capital is a tourist mecca, so there will be some
nursing mothers.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. CARSON of Indiana. Mr. Speaker, I yield the gentlewoman an
additional 3 minutes.
Ms. NORTON. Mr. Speaker, the benefits of breastfeeding are well
documented. Children's immune systems build up. Studies have shown that
even risks of asthma, diabetes, and the like are reduced in breastfed
babies. There are benefits also to nursing mothers as well. The risk of
diabetes and cancer are reduced.
This bill isn't very much related to the important substance of the
underlying bill, but the relationship is clear enough. I very much
thank my two good friends for accepting these two amendments to the
underlying bill. I strongly support the underlying bill this evening.
Mr. CARSON of Indiana. Mr. Speaker, I yield back the balance of my
time.
Mr. BARLETTA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Zinke). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Barletta) that the
House suspend the rules and pass the bill, H.R. 4487, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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