[Senate Report 114-227]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 387
114th Congress    }                                       {     Report
                                 SENATE
 2d Session       }                                       {    114-227                                                                
_______________________________________________________________________

                                                                                          


                    DEPARTMENT OF HOMELAND SECURITY

         HEADQUARTERS CONSOLIDATION ACCOUNTABILITY ACT OF 2015

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1638

         TO DIRECT THE SECRETARY OF HOMELAND SECURITY TO SUBMIT
    TO CONGRESS INFORMATION ON THE DEPARTMENT OF HOMELAND SECURITY 
HEADQUARTERS CONSOLIDATION PROJECT IN THE NATIONAL CAPITAL REGION, AND 
                           FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 March 14, 2016.--Ordered to be printed
                                 ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010                         WASHINGTON : 2016                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio                    CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming             HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire          CORY A. BOOKER, New Jersey
JONI ERNST, Iowa                     GARY C. PETERS, Michigan
BEN SASSE, Nebraska

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
             David S. Luckey, Director of Homeland Security
       William H.W. McKenna, Chief Counsel for Homeland Security
    Jeffrey A. Fiore, U.S. Government Accountability Office Detailee
              Gabrielle A. Batkin, Minority Staff Director
           John P. Kilvington, Minority Deputy Staff Director
               Mary Beth Schultz, Minority Chief Counsel
     Stephen R. Vina, Minority Chief Counsel for Homeland Security
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                                                      Calendar No. 387
114th Congress    }                                       {     Report
                                 SENATE
 2d Session       }                                       {    114-227

======================================================================



 
      DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS CONSOLIDATION 
                       ACCOUNTABILITY ACT OF 2015

                                _______
                                

                 March 14, 2016.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1638]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1638) to direct the 
Secretary of Homeland Security to submit to Congress 
information on the Department of Homeland Security headquarters 
consolidation project in the National Capital Region, and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.













                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5











                         I. PURPOSE AND SUMMARY

    The purpose of S. 1638, the Department of Homeland Security 
Headquarters Consolidation Accountability Act of 2015, is to 
require the Department of Homeland Security (DHS or ``the 
Department'') to provide information on its progress toward 
completing its headquarters consolidation project. The bill 
directs the Secretary of Homeland Security (the Secretary), in 
coordination with the Administrator of the General Services 
Administration (GSA), to submit to Congress information within 
120 days of enactment of the Act about the DHS headquarters 
consolidation project, including an updated list of the 
components and offices to be included in the project, a 
comprehensive assessment of the current and future real 
property required by DHS, and updated cost and schedule 
estimates. The bill will further enhance congressional 
oversight of the headquarters consolidation project by 
directing the Government Accountability Office (GAO) to assess 
the quality and reliability of the updated cost and schedule 
estimates.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    The Homeland Security Act of 2002 sought to improve 
coordination and information sharing among Federal agencies 
with responsibilities for protecting the homeland by, among 
other things, combining 22 Federal agencies into one 
department--DHS.\1\ However, the agencies that comprise DHS 
operate from numerous facilitates across the National Capital 
Region, making collaboration, operations, and communication 
difficult.\2\ For example, in 2014, DHS employees operated from 
94 buildings and 50 locations in the National Capital 
Region.\3\ The DHS headquarters consolidation project, 
initiated by DHS in 2006, is intended to consolidate the 
Department's leadership, operational management, and other 
personnel to one location at the St. Elizabeths Campus in 
Washington, D.C.\4\ The project has a number of valuable 
objectives, including improving mission effectiveness, creating 
a unified DHS organization, and reducing long-term facility 
costs.\5\
---------------------------------------------------------------------------
    \1\Pub. L. No. 107-296, 116 Stat. 2135.
    \2\Gov't Accountability Office, GAO-14-648, Federal Real Property: 
DHS and GSA Need To Strengthen the Management of DHS Headquarters 
Consolidation 3-4 (2014).
    \3\Id.
    \4\Id. at 1.
    \5\Id. at 4.
---------------------------------------------------------------------------
    However, the headquarters consolidation project has 
experienced significant problems including cost overruns, 
delays, and funding shortfalls.\6\ For example, as of September 
2014, the project was estimated to cost $4.5 billion and 
conclude in 2026, which represented a $1.2 billion increase and 
an 11-year delay from initial estimates in 2007.\7\ In 
addition, GAO recommended in its 2014 report that DHS and GSA 
develop: (1) ``a comprehensive needs assessment and gap 
analysis of current and needed capabilities that take into 
consideration changing conditions, and an alternatives analysis 
that identifies the costs and benefits of leasing and 
construction alternatives for the remainder of the project'', 
and (2) ``revised cost and schedule estimates for the remaining 
portions of the consolidation project that conform to GSA 
guidance and leading practices for cost and schedule 
estimation, including an independent evaluation of the 
estimates.''\8\ GAO further stated that, until these 
recommendations are addressed by DHS and GSA, Congress will be 
limited in its ability to make informed decisions regarding the 
headquarters consolidation project.\9\
---------------------------------------------------------------------------
    \6\Id. at passim.
    \7\E.g., id. at 48.
    \8\Id. at 45-46.
    \9\Id. at 18.
---------------------------------------------------------------------------
    The Administration's Fiscal Year 2016 budget request 
included an ``Enhanced Plan'', addressing some of GAO's 
recommendations. The Enhanced Plan seeks a reduction in overall 
project costs through the more efficient utilization of 
space.\10\ GSA reported that the plan will reduce costs by more 
than $800 million, provide an accelerated delivery timeline for 
the project and add 3,000 employees to the campus, reducing the 
size of the campus and saving taxpayers an estimated $1.2 
billion over 30 years when compared to the best alternative 
commercial lease option.\11\ While the enhanced plan provides 
Congress with some of the information outlined in the GAO's 
report, this legislation ensures that DHS and GSA fully address 
GAO's recommendations and provide Congress the additional 
information needed to make sound decisions regarding the 
headquarters consolidation project.
---------------------------------------------------------------------------
    \10\Gen. Servs. Admin., Prospectus--Construction: Department of 
Homeland Security, Consolidation at St. Elizabeths, Washington, DC 
(Feb. 2, 2015), available at http://www.gsa.gov/portal/mediaId/209735/
fileName/2016.
    \11\Gen. Servs. Admin., GSA: Data Shows Why Fully Funding St. 
Elizabeths Enhanced Plan in FY16 is the Right Decision (2015), 
available at http://www.gsa.gov/portal/content/118958.
---------------------------------------------------------------------------

                        III. LEGISLATIVE HISTORY

    Chairman Johnson introduced S. 1638 with Ranking Minority 
Member Carper on June 18, 2015, and the bill was referred to 
the Committee on Homeland Security and Governmental Affairs. 
Representative Mark Walker introduced H.R. 1640, the House 
companion to S. 1638, on March 25, 2015. The Committee 
considered S. 1638 at a business meeting on June 24, 2015.
    The Committee ordered the bill reported favorably by voice 
vote. Senators present for the vote were: Johnson, McCain, 
Lankford, Ayotte, Ernst, Sasse, Carper, Tester, Baldwin, and 
Heitkamp. Consistent with the Committee's order on technical 
and conforming changes at the meeting, the Committee reports 
the bill with a technical amendment by mutual agreement of the 
full Committee majority and minority staff.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section provides the bill's short title, the 
``Department of Homeland Security Headquarters Consolidation 
Accountability Act of 2015.''

Section 2. Information on Department of Homeland Security Headquarters 
        consolidation project

    Subsection (a) directs the Secretary, in coordination with 
the Administrator of GSA, to provide to Congress an updated 
list of the components and offices to be included in the 
consolidation project; a comprehensive assessment of the 
current and future real property and facilities required by 
DHS; updated cost and schedule estimates; a plan for the leased 
portfolio of DHS in the National Capital Region; and the costs 
and benefits of leasing and construction alternatives for the 
remainder of the consolidation project.
    Subsection (b) directs the Comptroller General to assess 
the quality and reliability of the cost and schedule estimates 
prepared by DHS and GSA.
    Subsection (c) defines several terms, including ``National 
Capital Region'' and ``appropriate committees of Congress.''

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                      July 6, 2015.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1638, 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.
    Enclosure.

S. 1638--Department of Homeland Security Headquarters Consolidation 
        Accountability Act of 2015

    S. 1638 would require the Department of Homeland Security 
(DHS) to prepare a report to the Congress on the project to 
consolidate DHS headquarters 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 to report its findings to the Congress.
    Based on the cost of similar activities, CBO estimates that 
implementing S. 1638 would cost less than $500,000; any 
spending would be subject to 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.
    S. 1638 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.
    On June 3, 2015, CBO transmitted a cost estimate for H.R. 
1640, the Department of Homeland Security Headquarters 
Consolidation Accountability Act of 2015, as ordered reported 
by the House Committee on Homeland Security on May 20, 2015. 
The two bills are similar and CBO's estimates of the budgetary 
effects are the same.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    Because this legislation would not repeal or amend any 
provision of current law, it would make no changes in existing 
law within the meaning of clauses (a) and (b) of paragraph 12 
of rule XXVI of the Standing Rules of the Senate.

                                  [all]