[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[House]
[Pages H6144-H6145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     MODIFYING PURCHASE TREATMENT OF CERTAIN BARGAIN-PRICE OPTIONS

  Mr. PAPPAS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 2220) to amend title 40, United States Code, to modify the 
treatment of certain bargain-price options to purchase at less than 
fair market value, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2220

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. 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, 2021, pursuant to this section 
     may be exercised only to the extent specifically provided for 
     in subsequent appropriation Acts or other Acts of 
     Congress.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Hampshire (Mr. Pappas) and the gentleman from Mississippi (Mr. Guest) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Hampshire.


                             General Leave

  Mr. PAPPAS. Madam 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. 2220.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Hampshire?
  There was no objection.
  Mr. PAPPAS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 2220, introduced by Representatives Guest, 
Webster, and Pence, requires the General Services Administration to 
secure congressional authorization before it can exercise a 
prenegotiated purchase option in an operating lease.
  Currently, OMB rules stipulate that a lease cannot be scored as an 
operating lease if it contains a prenegotiated bargain-price purchase 
option. Operating leases allow agencies to budget their rent outlays 
annually, whereas capital leases require the agency to budget, upfront, 
the entire net present value of all rental obligations it will incur 
over the duration of the lease term. Unless GSA has full, upfront 
appropriations in hand, the agency must rely on operating leases that 
can be paid for year by year.
  But preventing an operating lease from containing a prenegotiated 
bargain-price purchase option means that if GSA wants to acquire the 
building at the end of the lease, the agency must pay fair market value 
instead of being able to negotiate a sales price at the beginning of 
the lease. In essence, the Federal Government ends up paying for the 
building twice, once when it leases the building and once when it 
purchases the building at the end of the lease at the current market 
rate.
  The scoring rules are designed to ensure that ownership risk stays 
with the lessor and that the lease isn't a mechanism by which the 
government finances its ownership of the property. But the effect is 
that the Federal Government is overpaying for buildings and not getting 
the benefit of equity that it has created for private-sector landlords.
  It is time to give GSA the flexibility it needs to make savvy 
financial deals for the Federal Government. I urge adoption of this 
bill, and I reserve the balance of my time.

                              {time}  1345

  Mr. GUEST. Madam Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 2220, which would allow the General 
Services Administration, or GSA, to enter into bargain-price purchasing 
agreements in situations where the buying of Federal property is the 
cheaper alternative to a long-term lease.
  Designed as a measure to bring free-market efficiency into Federal 
real estate, H.R. 2220 would save taxpayers from costly, long-term 
lease contracts where bargain purchases better suit the situation.
  For example, the Tacoma Union Station purchase approved by the 
Transportation Committee earlier this year shows the benefits of 
allowing these bargain-price purchases. Prior to a scoring rule change, 
the GSA negotiated a $1 purchase price of the facility in order to 
undertake necessary seismic and building system modernizations.
  By purchasing the property, the GSA will be making the needed 
investments to modernize the facility for Federal use while realizing a 
lease cost avoidance of approximately $6.4 million and protecting 
American taxpayer dollars.
  This legislation provides a commonsense correction that will continue 
this committee's work in reducing the taxpayers' burden in Federal real 
estate.
  I appreciate the chair and ranking member of the committee for 
bringing this legislation to the floor and my colleague and friend from 
Indiana, Congressman   Greg Pence, and his office's work on this issue 
in the previous Congress.
  I urge my colleagues to support this bill, and I reserve the balance 
of my time.
  Mr. PAPPAS. Madam Speaker, I reserve the balance of my time.
  Mr. GUEST. Madam Speaker, I yield such time as he may consume to the 
gentleman from Indiana (Mr. Pence).
  Mr. PENCE. Madam Speaker, I thank my friend, the gentleman from 
Mississippi, for yielding.
  Madam Speaker, I rise today in strong support of H.R. 2220.
  As a champion of this legislation last Congress, we must continue to 
work toward giving the GSA the ability to negotiate a discounted or 
fixed price option on government leases like it happens in the private 
sector.
  With our Nation's real infrastructure broken, which is too often 
ignored by this Congress, I am committed to getting a commonsense 
option like this one across the finish line.
  H.R. 2220 will save billions of taxpayer dollars, reduce government 
waste, and free up money to invest in our crumbling roads and 
infrastructure.
  Innovative, free market solutions like this bill have the potential 
to save $5 billion taxpayer dollars by bringing fair market practices 
to Federal real estate.
  Hoosiers and all Americans deserve an efficient government that can 
meet our 21st century infrastructure needs.
  By passing this bill, we are enacting real, commonsense 
infrastructure legislation that has bipartisan support across the 
aisle.
  Mr. GUEST. Madam Speaker, in closing, H.R. 2220 ensures that the GSA 
is able to negotiate discounted purchase options and leases to save 
potentially billions in taxpayer dollars.
  I urge support of this legislation, and I yield back the balance of 
my time.
  Mr. PAPPAS. Madam Speaker, I urge adoption of this legislation, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Pappas) that the House suspend the 
rules and pass the bill, H.R. 2220.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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