[House Report 114-166]
[From the U.S. Government Publishing Office]
114th Congress { } Report
1st Session { HOUSE OF REPRESENTATIVES } 114-166
======================================================================
DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS CONSOLIDATION
ACCOUNTABILITY ACT OF 2015
_______
June 17, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 1640]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1640) to direct the Secretary of Homeland
Security to submit to Congress a report on the Department of
Homeland Security headquarters consolidation project in the
National Capital Region, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Headquarters Consolidation Accountability Act of 2015''.
SEC. 2. REPORT ON DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
CONSOLIDATION PROJECT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Administrator of General Services, shall submit
to the appropriate committees of Congress a report on the Department of
Homeland Security headquarters consolidation project within the
National Capital Region. Such report shall include each of the
following:
(1) A proposed occupancy plan for the consolidation project
that includes specific information about which Department-wide
operations, component operations, and support offices will be
located at the site, the aggregate number of full time
equivalent employees projected to occupy the site, and schedule
estimates for migrating operations to the site.
(2) A comprehensive assessment of the current and future real
property needed by the Department in the National Capital
Region in order to carry out the mission of the Department to
secure the homeland and defend the Nation against future acts
of terrorism.
(3) An analysis of the difference between the current and
needed capital assets and facilities of the Department.
(4) A current plan for construction of the headquarters
consolidation at the St. Elizabeths campus that includes--
(A) the estimated costs and schedule for the current
plan; and
(B) any estimated costs savings associated with
reducing the scope of the consolidation project and
increasing the use of existing capacity developed under
the project.
(5) A current plan for the leased portfolio of the Department
in the National Capital Region that includes--
(A) the total rentable square feet, number of
personnel, and proposed utilization rates;
(B) the replacement and consolidation plan,
including--
(i) an end-state vision that identifies which
Department-wide operations, component
operations, and support offices do not migrate
to the St. Elizabeths campus and continue to
operate at a property in the leased portfolio;
(ii) the number of full time equivalent
employees who are expected to operate at each
property, component, or office; and
(iii) timing and anticipated leased terms,
for leased space under the plan referred to in
paragraph (4); and
(C) the costs and benefits of leasing and
construction alternatives for the headquarters
consolidation project.
(6) A detailed list of alternatives considered by the
Department during the development of the plan referred to in
paragraph (4), including the costs and benefits of alternatives
to such plan.
(b) Update of Cost and Schedule Estimates.--Not later than 180 days
after date of the submittal of the report required by subsection (a),
the Secretary, in coordination with the Administrator of General
Services, shall complete the update of the cost and schedule estimates
for the portions of the consolidation project that are not yet complete
as of such date based on the information contained in the report.
Consistent with the recommendation of the Government Accountability
Office in GAO-14-648, such estimates shall conform to relevant Federal
guidance for cost and schedule estimates.
(c) Comptroller General Review.--
(1) Review required.--The Comptroller General of the United
States shall review the update of the cost and schedule
estimates under subsection (b) to evaluate the quality and
reliability of such estimates.
(2) Assessment.--Not later than 60 days after the completion
of the update of the cost and schedule estimates under
subsection (b), the Comptroller General shall report to the
appropriate congressional committees on the results of the
review required by paragraph (1).
(d) Definitions.--In this Act:
(1) The term ``National Capital Region'' has the meaning
given such term under section 2674(f)(2) of title 10, United
States Code.
(2) The term ``appropriate committees of Congress'' means the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Environment and
Public Works of the Senate.
PURPOSE AND SUMMARY
The purpose of H.R. 1640 is to direct the Secretary of
Homeland Security to submit to Congress a report on the
Department of Homeland Security headquarters consolidation
project in the National Capital Region, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Department of Homeland Security's (DHS) headquarters
consolidation project at the St. Elizabeths Campus has
experienced schedule delays and cost overruns, funding
shortfalls, and will cost more, be narrower in scope, and take
longer to complete than DHS originally estimated. This bill
codifies recommendations made by the Government Accountability
Office (GAO) to ensure the Department uses best practices for
capital decision-making as they continue with the consolidation
project. This legislation is important because comprehensive
plans, project costs, and schedule estimates inform Congress's
funding decisions and affect the agencies' abilities to
effectively allocate resources.
HEARINGS
No hearings were held on H.R. 1640; however the Committee
held an oversight hearing listed below:
113th Congress
On September 19, 2014, the Subcommittee held a hearing
entitled ``Oversight of the DHS Headquarters Project at St.
Elizabeths: Impact on the Taxpayer.'' The Subcommittee received
testimony from Mr. David Maurer, Director, Homeland Security
and Justice, U.S. Government Accountability Office; Hon. Chris
Cummiskey, Acting Under Secretary, Management Directorate, U.S.
Department of Homeland Security; and Mr. Norman Dong,
Commissioner, Public Buildings Service, U.S. General Services
Administration.
COMMITTEE CONSIDERATION
The Committee met on May 20, 2015, to consider H.R. 1640,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Walker (#1); was AGREED TO, amended, by voice vote.
An en bloc amendment by Ms. Jackson Lee to the Amendment in the
Nature of a Substitute (#1A); was AGREED TO by voice vote.
Consisting of the following amendments:
Page 2, line 25, strike ``including'' and all that follows through
``; and'' on page 2, line 2, and insert ``including--''.
Page 3, after line 2, insert the following: (i) an end-state vision
that identifies which Department-wide operations, component operations,
and support offices do not migrate to the St. Elizabeths campus and
continue to operate at a property in the leased portfolio;
(ii) the number of full time equivalent employees who are expected
to operate at each property, component, or office; and (iii) timing and
anticipated leased terms, for leased space under the plan referred to
in paragraph (4).;
Page 1, line 16, strike paragraph (1) and insert the following: (1)
A proposed occupancy plan for the consolidation project that includes
specific information about which Department-wide operations, component
operations, and support offices will be located at the site, the
aggregate number of full time equivalent employees projected to occupy
the site, and schedule estimates for migrating operations to the site.
Page 2, line 15, strike ``the estimated costs savings of'' and
insert ``any estimated cost savings associated with''
The Subcommittee on Oversight and Management Efficiency met
on May 13, 2015, to consider H.R. 1640, and ordered the measure
to be reported to the Full Committee with a favorable
recommendation, amended, by voice vote. The Committee took the
following actions:
The following amendment was offered:
An amendment offered by Mrs. Watson Coleman (#1); was AGREED TO
by voice vote.
Page 3, line 24, strike ``90'' and insert ``180''.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded voted were requested during consideration of
H.R. 1460.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1640, the Department of Homeland Security Headquarters
Consolidation Accountability Act of 2015, would result in no
new or increased budget authority, entitlement authority, or
tax expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 3, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1640, the
Department of Homeland Security Headquarters Consolidation
Accountability Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1640--Department of Homeland Security Headquarters Consolidation
Accountability Act of 2015
H.R. 1640 would require the Department of Homeland Security
(DHS) to prepare a report to the Congress on the DHS
headquarters consolidation project within the national capital
region, including updated timelines and cost estimates. The
bill also would require the Government Accountability Office
(GAO) to review the DHS estimates of project costs and
schedules and report its findings to the Congress.
Based on the cost of similar activities, CBO estimates that
implementing H.R. 1640 would cost less than $500,000, assuming
the availability of appropriated funds. Much of the information
needed for the DHS and GAO reports has already been compiled.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
H.R. 1640 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 1640 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This bill directs the Secretary of Homeland Security to
submit to Congress a report on the Department of Homeland
Security headquarters consolidation project in the National
Capital Region, to include:
1. Proposed occupancy plan to be included in project;
2. Assessment of current and future real property
needed by the Department in the National Capital
Region;
3. Current plan for construction of the consolidation
project;
4. Estimates for costs and schedule for the project;
5. Estimated cost savings of re-scoping the project;
6. Assessment of the current and future real estate
property of the Department remaining in the leased
portfolio in the National Capital Region; and
7. List of alternatives considered by the Department
during the development of the current consolidation
plan.
This bill requires the Comptroller General of the United
States to review the updated cost and schedule estimates to
evaluate quality and reliability.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1640 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with 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.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring 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. 1640 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 1640 would require no
directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were 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.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that bill may be cited as the
``Department of Homeland Security Headquarters Consolidation
Accountability Act of 2015''.
Section 2. Report on Department of Homeland Security Headquarters
Consolidation Project
Section 2(a). Report on Department of Homeland Security
Headquarters Consolidation Project
Section 2(a) requires the Secretary of Homeland Security,
in coordination with the Administrator of General Services, to
submit to Congress a report on DHS's headquarters consolidation
project. Specifically, this report should include the following
items associated with consolidation at the St. Elizabeth's
campus:
1. A current list of components/offices to be
included at the Headquarters;
2. A comprehensive assessment of the current and
future real property being considered for
consolidation;
3. An analysis of the difference between current and
needed capital assets and facilities;
4. A current plan for construction of the St.
Elizabeth's campus that includes the estimated:
a. costs and schedule for the current plan; and
b. cost savings of reducing the scope of the
project.
5. A current plan for the leased portfolio of the
Department; and
6. A detailed list of alternatives, along with the
cost and benefits associated with them, considered by
the Department.
Section 2(b). Update of cost and schedule estimates
Section 2(b) requires the Secretary of Homeland Security,
in coordination with the Administrator of General Services, to
update the cost and schedule estimates for the parts of the
project that are not yet complete. These cost and schedule
estimates are to be in accordance with Federal guidance. The
legislation provides 180 days for reporting to enable the DHS
and GSA Secretary and the Administrator adequate time to
collaborate on a complete submission. The General Service
Administration manages and executes development activities on
behalf of the Department of Homeland Security; however, the
Department of Homeland Security is responsible for budgeting
tenant transition costs as appropriate, and for overseeing
tenant funds.
Section 2(c). GAO review
Section 2(c) requires the Comptroller General of the United
States to review the Department's updated cost and schedule
estimates to evaluate their reliability and quality.
Section 2(d). Definitions
Section 2(d) defines ``National Capital Region'' and
``appropriate committees of Congress.''
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1640, as reported, makes no changes to existing law.