[House Report 118-409]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 118-409

======================================================================
 
    TO REQUIRE THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINIS
     TRATION TO SUBMIT A REPORT DESCRIBING A PROCESS FOR SEEKING
     PUBLIC COMMENT ABOUT PROPOSED CHANGES TO MANDATORY DE-
     SIGN STANDARDS FOR PUBLIC BUILDINGS, AND FOR OTHER PURPOSES

                                _______
                                

 March 6, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 6317]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6317) to require the Administrator 
of the General Services Administration to submit a report 
describing a process for seeking public comment about proposed 
changes to mandatory design standards for public buildings, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings and Recommendations.................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Duplication of Federal Programs..................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-By-Section Analysis of The Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                         PURPOSE OF LEGISLATION

    The purpose of H.R. 6317 is to require the Administrator of 
the General Services Administration to submit a report 
describing a process for seeking public comment about proposed 
changes to mandatory design standards for public buildings, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The General Services Administration's (GSA's) Facilities 
Standards for the Public Buildings Service, also known as the 
``P100'' sets mandatory design standards and performance 
criteria for GSA-owned buildings.\1\ The P100 is a mandatory 
standard and applies to GSA-owned facilities regardless of 
funding source.\2\ It applies to new construction, including 
lease construction, repairs and alterations; historic 
preservation; as well as customer-funded projects through 
reimbursable work authorizations.\3\
---------------------------------------------------------------------------
    \1\GSA, Facilities Standards (P100) Overview, (last updated Sept. 
18, 2023), available at https://www.gsa.gov/real-estate/design-and-
construction/engineering/facilities-standards-for-the-public-buildings-
service.
    \2\GSA, P100 Facilities Standards for the Public Buildings Service, 
(Oct. 2021, with 2022 Addendum), available at https://www.gsa.gov/
system/files/P100%202022%20Addendum
%20Final_.pdf.
    \3\Id.
---------------------------------------------------------------------------
    The P100 sets requirements for all aspects of construction 
and repairs and alterations, including health and safety, 
sustainability, security, application of building codes and 
building rating systems, space measurement and building 
efficiency, building operations and maintenance, energy usage, 
building systems, and materials. Therefore, the P-100 not only 
impacts the quality of the projects but also the costs, 
delivery timeline, competition and sourcing of construction 
services and materials.\4\ For example, cost models in a 2016 
National Institute of Building Sciences (NIBS) report indicated 
that GSA repair and alteration projects cost roughly 15 to 25 
percent more than for comparable private sector building 
projects.\5\ Further the report showed that the higher costs 
for GSA projects primarily included design and procurement 
requirements specific to GSA's design standards.\6\
---------------------------------------------------------------------------
    \4\Id.
    \5\GAO, GAO-20-144, Federal Buildings: GSA Can Improve Its 
Communication about and Assessment of Major Construction Projects, 
(Dec. 2019), available at https://www.gao.gov/assets/710/706608.pdf.
    \6\Id.
---------------------------------------------------------------------------
    Given the impacts of the P100 building standards, H.R. 6317 
would direct GSA to revise the process for updating and 
changing the standards by ensuring more transparency, including 
requiring a public comment period and publication of updates 
and changes in the Federal Register and on the GSA website.

                                HEARINGS

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress, the following hearing was used to develop or 
consider H.R. 6317:
    On July 13, 2023, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management of the Committee on 
Transportation and Infrastructure held a hearing entitled, 
``When the Lights Are On but No One's Home: An Examination of 
Federal Office Space Utilization.'' The hearing discussed 
Federal real estate, including office space utilization. The 
Subcommittee received testimony from Ms. Nina Albert, 
Commissioner, Public Buildings Service, GSA; and Mr. David 
Marroni, Acting Director, Physical Infrastructure, Government 
Accountability Office (GAO).

                 LEGISLATIVE HISTORY AND CONSIDERATION

    H.R. 6317 was introduced in the United States House of 
Representatives on November 8, 2023, by Ms. Titus of Nevada and 
referred to the Committee on Transportation and Infrastructure. 
Within the Committee on Transportation and Infrastructure, H.R. 
6317 was referred to the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management. The Subcommittee on 
Economic Development, Public Buildings, and Emergency 
Management was discharged from further consideration of H.R. 
6317 on November 15, 2023.
    The Committee considered H.R. 6317 on November 15, 2023, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No recorded votes were requested during consideration of 
H.R. 6317.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 6317 from the 
Director of the Congressional Budget Office:




    H.R. 6317 would require the General Services Administration 
(GSA) to amend its process for updating any guidance documents 
that specify design standards or performance criteria for 
federal buildings managed by GSA, including the P100 document. 
(The P100 is GSA's main document detailing the mandatory 
standards for its facilities.) Under the bill, GSA would be 
required to accept public comment on any changes to those 
guidance documents and publish a summary of the comments and 
any changes to the documents in the federal register and on the 
GSA website. H.R. 6317 also would require GSA to report to the 
Congress on any revisions to its process for updating guidance 
documents.
    Using information from GSA, CBO estimates that the 
administrative costs for accepting and reviewing public 
comments related to updates of the P100 and reporting to the 
Congress would total less than $500,000 over the 2024-2028 
period. Any spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Mathew Pickford. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to direct 
the Administrator of GSA to require GSA to revise the process 
by which the Administrator of GSA updates or changes any P100 
guidance document or other guidance document establishing 
mandatory design standards and performance criteria for 
federally owned buildings.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 6317 establishes or reauthorizes a program of the 
Federal government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with clause 9 of 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 (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires 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. 6317 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the definition of Section 
5(b) of the appendix to Title 5, United States Code, are 
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 (Public Law 
104-1).

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Revision of design standards

    This section requires GSA to revise the process by which 
the Administrator of GSA updates or changes any P100 guidance 
document or other guidance document establishing mandatory 
design standards and performance criteria for Federally owned 
buildings, not later than six months after the date of 
enactment.
    This section specifically requires the Administrator to 
ensure the process includes a public comment period, 
publication of updates in the Federal Register and on GSA's 
website, and a summary of any comments received during the 
comment period.
    This section further requires GSA to submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and Committee on Environment and Public Works 
of the Senate describing the revisions made to the process.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported by the Committee, H.R. 6317 makes no changes in 
existing law.

                                  [all]