[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.