[House Report 118-410]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 118-410

======================================================================
 
              FEDERAL OVERSIGHT OF CONSTRUCTION USE AND 
                              SAFETY ACT

                                _______
                                

 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. 6260]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6260) to provide for certain 
reviews of the use and safety of Federal buildings, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Legislative History and Consideration............................     4
Committee Votes..................................................     5
Committee Oversight Findings and Recommendations.................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     6
Duplication of Federal Programs..................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of The Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    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 ``Federal Oversight of Construction Use 
and Safety Act'' or the ``FOCUS Act''.

SEC. 2. ELIMINATING PROJECT ESCALATIONS.

  Section 3307(c) of title 40, United States Code, is amended by adding 
at the end the following: ``The Administrator shall notify, in writing, 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate of any increase of more than 5 percent of an estimated 
maximum cost or of any increase or decrease in the scope or size of a 
project of 5 or more percent. Such notification shall include an 
explanation regarding any such increase or decrease. The scope or size 
of a project shall not increase or decrease by more than 10 percent 
unless an amended prospectus is submitted and approved pursuant to this 
section.''

SEC. 3. PUBLIC SAFETY AT FEDERAL BUILDINGS.

  (a) Data Collection.--The Administrator of General Services shall 
collect data from tenant Federal agencies reports of any safety 
incidents as a result of criminal or other activity impacting public 
safety in and around public buildings, as defined in section 3301 of 
title 40, United States Code.
  (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
that--
          (1) contains the data collected under subsection (a); and
          (2) describes any actions taken or planned, if necessary, to 
        improve building management and operations to address such 
        incidents.

SEC. 4. REDUCING WASTE IN NEW PROJECTS.

  Section 3307(b) of title 40, United States Code, is amended--
          (1) in paragraph (7) by striking ``and'' at the end;
          (2) in paragraph (8) by striking the period at the end and 
        inserting a semicolon; and
          (3) by adding at the end the following:
          ``(9) information on any space occupied by the relevant 
        agency in the geographical area of the proposed facility, 
        including uses, utilization rates, any proposed consolidations, 
        and, if not proposed to be consolidated, a justification for 
        such determination;
          ``(10) a statement by the Administrator of whether the public 
        building needs of the Government for the proposed space to be 
        leased were formerly met by a federally owned building, 
        including any building identified for disposal or sale; and
          ``(11) details on actual utilization rates, including number 
        of personnel assigned to the facility, number of personnel 
        expected to work in-person at the facility and whether all 
        personnel identified reflect filled and authorized 
        positions.''.

SEC. 5. REVIEW OF SPECIAL USE SPACE.

  (a) Review.--The Comptroller General of the United States shall 
review the use of special use spaces in Federal buildings, including 
conference centers, fitness centers, and similar spaces to determine 
levels of utilization, opportunities for sharing, collocating, and 
other efficiencies.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
containing the review under subsection (a).

SEC. 6. INTERAGENCY SPACE COORDINATION.

  (a) In General.--Chapter 33 of title 40, United States Code, is 
amended by adding at the end the following:

``Sec. 3319. Interagency space coordination

  ``Unless a Federal agency specifically restricts the sharing of the 
information described in this section for national security purposes, 
the Administrator of General Services shall share with tenant Federal 
agencies pursuing new or replacement office space information on any 
other Federal agencies located in the same geographical area for 
purposes of determining opportunities for consolidations, collocations, 
or other space sharing to reduce the costs of space and maximize space 
utilization.''.
  (b) Clerical Amendment.--The analysis for chapter 33 of title 40, 
United States Code, is amended by adding at the end the following:

``3319. Interagency space coordination.''.

SEC. 7. NOTIFICATION OF MILESTONES.

  Section 3307 of title 40, United States Code, is amended by adding at 
the end the following:
  ``(i) Notification Required.--For each project approved under this 
section, the Administrator shall notify, in writing, the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of any 
project milestones that are accomplished, including--
          ``(1) the solicitation and award of design and construction 
        services;
          ``(2) the completion of any actions required for such project 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
          ``(3) any ceremonies for the beginning or completion of such 
        project;
          ``(4) a naming ceremony for such project; and
          ``(5) the completion of such project.''.

                         Purpose of Legislation

    The purpose of H.R. 6260, the Federal Oversight of 
Construction Use and Safety Act or the FOCUS Act, as amended, 
is to provide for certain reviews of the use and safety of 
Federal buildings, and for other purposes.

                  Background and Need for Legislation

    The General Services Administration (GSA) currently manages 
8,800 owned and leased assets, totaling over 370 million square 
feet, and 500 historic buildings.\1\ Of the 370 million square 
feet, 181 million is in leased space, which is comprised of 
over 6,659 buildings and costs more than six billion dollars 
per year.\2\ While GSA continues to reduce the amount of leased 
space, more than half of GSA's operating leases (96 million 
square feet) will expire in the next five years.\3\
---------------------------------------------------------------------------
    \1\Press Release, GSA, Nina M. Albert Appointed Commissioner of 
GSA's Public Buildings Service, (July 6, 2021), available at https://
www.gsa.gov/about-us/newsroom/news-releases/nina-m-albert-appointed-
commissioner-of-gsas-public-buildings-service-07062021.
    \2\GSA, Inventory of GSA Owned and Leased Properties, (Last 
reviewed Sept. 9, 2022), available at https://www.gsa.gov/tools-
overview/buildings-and-real-estate-tools/inventory-of-gsa-owned-and-
leased-properties.
    \3\Id.
---------------------------------------------------------------------------
    H.R. 6260, as amended, includes provisions that would 
strengthen the oversight of proposals for new space and ensure 
opportunities for sharing space across Federal agencies. 
Currently, office occupancy in the Washington, D.C., metro area 
is still below 54 percent of pre-pandemic levels.\4\ 
Additionally, 30 percent of the Federal workforce is expected 
to be eligible to retire this year.\5\ There have also been 
increasing reports of ``shadow'' or ``dark'' space in Federal 
buildings and leases--unassigned, unused space.\6\ The concerns 
about ``shadow'' or ``dark'' space were further emphasized 
during the Committee on Transportation and Infrastructure 
Subcommittee on Economic Development, Public Buildings, and 
Emergency Management's Roundtable on ``The State of Federal 
Real Estate,'' held on March 22, 2023, where participants noted 
that 30 percent of Federal employees plan to retire within the 
next five years and nearly 30 percent of Federal employees with 
remote work agreements live outside their assigned region.\7\
---------------------------------------------------------------------------
    \4\Bailey McConnel, Chart of the Week: Office Occupancy Rates and 
Remote Work, D.C. Policy Center, (Feb. 24, 2023), available at https://
www.dcpolicycenter.org/publications/office-occupancy-remote-work-dc/.
    \5\Angie Petty, 2023 Workforce Federal Contracting Trends to Watch, 
GovWin, (Dec. 7, 2022), available at https://iq.govwin.com/neo/
marketAnalysis/view/2023-Workforce-Federal-Contracting-Trends-to-Watch/
6981?researchTypeId=1&researchMarket.
    \6\GSA, Unused & Underused Space, (Last reviewed Mar. 4, 2022), 
available at https://www.gsa.gov/real-estate/gsa-properties/unused-
underused-space.
    \7\The State of Federal Real Estate: Roundtable Before the Subcomm. 
on Economic Development, Public Buildings, and Emergency Management of 
the H. Comm. on Transp. and Infrastructure, 118th Cong., (Mar. 22, 
2023).
---------------------------------------------------------------------------
    During the 117th Congress, the Committee requested the 
Government Accountability Office (GAO) conduct a study on 
office space utilization rates across the 24 Chief Financial 
Officer (CFO) agency headquarters to better understand how the 
Federal government is utilizing its real estate portfolio.\8\ 
In order to assess space utilization, GAO collected building 
size and attendance data from all 24 agencies for one week each 
in January, February, and March of 2023. Utilization was then 
calculated by dividing in-office attendance by the building's 
useable square footage or capacity.\9\ GAO found that on 
average, 17 of the 24 CFO agency headquarters were at 25 
percent or less utilization.\10\ GAO found the headquarters 
buildings for certain agencies, including GSA, the Department 
of Agriculture, the Department of Housing and Urban 
Development, the Office of Personnel Management, the Small 
Business Administration, and the Social Security Administration 
were as low as a nine percent space utilization.\11\
---------------------------------------------------------------------------
    \8\Letter from Peter DeFazio, Chairman, H. Comm. on Transp. and 
Infrastructure, et al. to Gene Dodaro, Comptroller General, GAO, (Nov. 
10, 2021) (on file with Comm.).
    \9\Briefing from Staff, GAO, to Staff, H. Comm. on Transp. and 
Infrastructure, (June 26, 2023, 11:00 AM EST).
    \10\GAO, GAO-24-107006, Federal Real Property: Agencies Need New 
Benchmarks and Shed Underutilized Space (2023) available at https://
www.gao.gov/assets/d24107006.pdf.
    \11\ Id.
---------------------------------------------------------------------------
    H.R. 6260, as amended, would also require GSA to collect 
data on public safety incidents in and around Federal buildings 
that may impact space utilization. This requirement follows 
reports on the impact crime on Federal workers. For example, in 
August 2023, the United States Department of Health and Human 
Services in the San Francisco Federal Building reportedly 
advised employees to work remotely because of safety 
concerns.\12\
---------------------------------------------------------------------------
    \12\Khaleda Rahman, San Francisco Federal Workers Told to Work 
Remotely Over Drug-Crime Fears, Newsweek, (Aug. 15, 2023), available at 
https://www.newsweek.com/san-francisco-federal-workers-told-work-
remotely-drug-crime-1819791.
---------------------------------------------------------------------------

                                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. 6260:
    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, GAO.

                 Legislative History and Consideration

    H.R. 6260 was introduced in the United States House of 
Representatives on November 7, 2023, by Mrs. Chavez-DeRemer of 
Oregon and referred to the Committee on Transportation and 
Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 6260 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. 6260, on November 15, 2023.
    The Committee considered H.R. 6260 on November 15, 2023, 
and ordered the measure to be reported to the House with a 
favorable recommendation, with amendment, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 6260, as 
amended, offered by Mrs. Chavez-DeRemer of Oregon was AGREED TO 
by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 6260 offered by Mr. Garamendi of California (Garamendi 
155 Rev. 1) (ANS E1); Page 3, line 6, strike ``and''. Page 3, 
after line 6, insert the following (and redesignate the 
subsequent paragraph accordingly): ``(10) a statement by the 
Administrator of whether the public building needs of the 
Government for the proposed space to be leased were formerly 
met by a federally owned building, including any building 
identified for disposal or sale; and''.; was AGREED TO 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. 6260, as amended.

            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

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements 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 requested 
but has not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has also 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements 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 when available the Committee 
will adopt 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.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(d)(1) of House rule XIII, when 
available the Committee will adopt 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.

                    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 
provide for certain reviews of the use and safety of Federal 
buildings, and for other purposes.

                    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. 6260, as amended, 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

    When available the Committee will adopt 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. 6260, as amended, 
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. Short title

    This section provides the Act may be cited as the ``Federal 
Oversight of Construction Use and Safety Act'' or the ``FOCUS 
Act''.

Section 2. Eliminating project escalations

    This section requires the Administrator of GSA to notify, 
in writing, the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate of any increase of 
more than five percent of an estimated maximum cost or any 
increase or decrease in scope or size of a project of five or 
more percent.
    This section further requires the Administrator of GSA to 
submit an amended prospectus if cost escalations exceed ten 
percent on a project.

Section 3. Public safety at Federal buildings

    This section requires the Administrator of GSA to collect 
data from tenant Federal agencies' reports of any safety 
incidents resulting from criminal or other activity impacting 
public safety in and around public buildings.
    This section also requires that no later than 180 days from 
enactment, the Administrator of GSA shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report that contains the data collected 
and describes any actions taken or planned, if necessary, to 
improve building management and operations to address such 
incidents.

Section 4. Reducing waste in new projects

    This amends Section 3307(b) of title 40, United States Code 
by requiring:
          (1) Information on any space occupied by the relevant 
        agency in the geographical area of the proposed 
        facility, including uses, utilization rates, any 
        proposed consolidations, and, if not proposed to be 
        consolidated, a justification for such determination;
          (2) A statement by the Administrator detailing 
        whether the public building needs of the Government for 
        the proposed space to be leased were formerly met by a 
        Federally owned building, including any building 
        identified for disposal or sale; and
          (3) Details on actual utilization rates, including 
        number of personnel assigned to the facility, number of 
        personnel expected to work in-person at the facility 
        and whether all personnel identified reflect filled and 
        authorized positions.

Section 5. Review of special use space

    This section requires the Comptroller General of the United 
States to review the use of special use spaces in Federal 
buildings, including conference centers, fitness centers, and 
similar spaces to determine levels of utilization, 
opportunities for sharing, co-locating, and other efficiencies.
    This section further requires that not later than one year 
after the date of enactment of this Act, the Comptroller 
General shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
report containing the review.

Section 6. Interagency space coordination

    This section amends Chapter 33 of title 40, United States 
Code by adding requirement for interagency space coordination 
amongst Federal agencies located in the same geographical area 
to determine opportunities for consolidations, collocations, or 
other space sharing to reduce the costs of space and maximize 
space utilization; unless there is a national security 
exemption.

Section 7. Notification of milestones

    This section requires that the Administrator of GSA 
notifies, in writing, the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate of any 
project milestones that are accomplished, including: the 
solicitation and award of design and construction services, the 
completion of any actions required for such project pursuant to 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), any ceremonies for the beginning or completion of 
such project, a naming ceremony for such project, or the 
completion of such project.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 40, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS

           *       *       *       *       *       *       *


PART A--GENERAL

           *       *       *       *       *       *       *


         CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION


Sec.
3301. Definitions and nonapplication.
     * * * * * * *
3319. Interagency space coordination.

           *       *       *       *       *       *       *


Sec. 3307. Congressional approval of proposed projects

  (a) Resolutions Required Before Appropriations May Be Made.--
The following appropriations may be made only if the Committee 
on Environment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives adopt resolutions approving the purpose for 
which the appropriation is made:
          (1) An appropriation to construct, alter, or acquire 
        any building to be used as a public building which 
        involves a total expenditure in excess of $1,500,000, 
        so that the equitable distribution of public buildings 
        throughout the United States with due regard for the 
        comparative urgency of need for the buildings, except 
        as provided in section 3305(b) of this title, is 
        ensured.
          (2) An appropriation to lease any space at an average 
        annual rental in excess of $1,500,000 for use for 
        public purposes.
          (3) An appropriation to alter any building, or part 
        of the building, which is under lease by the Federal 
        Government for use for a public purpose if the cost of 
        the alteration will exceed $750,000.
  (b) Transmission to Congress of Prospectus of Proposed 
Project.--To secure consideration for the approval referred to 
in subsection (a), the Administrator of General Services shall 
transmit to Congress a prospectus of the proposed facility, 
including--
          (1) a brief description of the building to be 
        constructed, altered, or acquired, or the space to be 
        leased, under this chapter;
          (2) the location of the building or space to be 
        leased and an estimate of the maximum cost to the 
        Government of the facility to be constructed, altered, 
        or acquired, or the space to be leased;
          (3) a comprehensive plan for providing space for all 
        Government officers and employees in the locality of 
        the proposed facility or the space to be leased, having 
        due regard for suitable space which may continue to be 
        available in existing Government-owned or occupied 
        buildings, especially those buildings that enhance the 
        architectural, historical, social, cultural, and 
        economic environment of the locality;
          (4) with respect to any project for the construction, 
        alteration, or acquisition of any building, a statement 
        by the Administrator that suitable space owned by the 
        Government is not available and that suitable rental 
        space is not available at a price commensurate with 
        that to be afforded through the proposed action;
          (5) a statement by the Administrator of the economic 
        and other justifications for not acquiring a building 
        identified to the Administrator under section 3303(c) 
        of this title as suitable for the public building needs 
        of the Government;
          (6) a statement of rents and other housing costs 
        currently being paid by the Government for federal 
        agencies to be housed in the building to be 
        constructed, altered, or acquired, or the space to be 
        leased;
          (7) with respect to any prospectus for the 
        construction, alteration, or acquisition of any 
        building or space to be leased, an estimate of the 
        future energy performance of the building or space and 
        a specific description of the use of energy efficient 
        and renewable energy systems, including photovoltaic 
        systems, in carrying out the project; [and]
          (8) a statement of how the proposed project is 
        consistent with the standards and criteria developed 
        under section 11(b) of the Federal Assets Sale and 
        Transfer Act of 2016[.];
          (9) information on any space occupied by the relevant 
        agency in the geographical area of the proposed 
        facility, including uses, utilization rates, any 
        proposed consolidations, and, if not proposed to be 
        consolidated, a justification for such determination;
          (10) a statement by the Administrator of whether the 
        public building needs of the Government for the 
        proposed space to be leased were formerly met by a 
        federally owned building, including any building 
        identified for disposal or sale; and
          (11) details on actual utilization rates, including 
        number of personnel assigned to the facility, number of 
        personnel expected to work in-person at the facility 
        and whether all personnel identified reflect filled and 
        authorized positions.
  (c) Increase of Estimated Maximum Cost.--The estimated 
maximum cost of any project approved under this section as set 
forth in any prospectus may be increased by an amount equal to 
any percentage increase, as determined by the Administrator, in 
construction or alteration costs from the date the prospectus 
is transmitted to Congress. The increase authorized by this 
subsection may not exceed 10 percent of the estimated maximum 
cost. The Administrator shall notify, in writing, the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate of any increase of more than 5 percent of 
an estimated maximum cost or of any increase or decrease in the 
scope or size of a project of 5 or more percent. Such 
notification shall include an explanation regarding any such 
increase or decrease. The scope or size of a project shall not 
increase or decrease by more than 10 percent unless an amended 
prospectus is submitted and approved pursuant to this section.
  (d) Rescission of Approval.--If an appropriation is not made 
within one year after the date a project for construction, 
alteration, or acquisition is approved under subsection (a), 
the Committee on Environment and Public Works of the Senate or 
the Committee on Transportation and Infrastructure of the House 
of Representatives by resolution may rescind its approval 
before an appropriation is made.
  (e) Emergency Leases by the Administrator.--This section does 
not prevent the Administrator from entering into emergency 
leases during any period declared by the President to require 
emergency leasing authority. An emergency lease may not be for 
more than 180 days without approval of a prospectus for the 
lease in accordance with subsection (a).
  (f) Minimum Performance Requirements for Leased Space.--With 
respect to space to be leased, the Administrator shall include, 
to the maximum extent practicable, minimum performance 
requirements requiring energy efficiency and the use of 
renewable energy.
  (g) Limitation on Leasing Certain Space.--
          (1) In general.--The Administrator may not lease 
        space to accommodate any of the following if the 
        average rental cost of leasing the space will exceed 
        $1,500,000:
                  (A) Computer and telecommunications 
                operations.
                  (B) Secure or sensitive activities related to 
                the national defense or security, except when 
                it would be inappropriate to locate those 
                activities in a public building or other 
                facility identified with the Government.
                  (C) A permanent courtroom, judicial chamber, 
                or administrative office for any United States 
                court.
          (2) Exception.--The Administrator may lease space 
        with respect to which paragraph (1) applies if the 
        Administrator--
                  (A) decides, for reasons set forth in 
                writing, that leasing the space is necessary to 
                meet requirements which cannot be met in public 
                buildings; and
                  (B) submits the reasons to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives.
  (h) Dollar Amount Adjustment.--The Administrator annually may 
adjust any dollar amount referred to in this section to reflect 
a percentage increase or decrease in construction costs during 
the prior calendar year, as determined by the composite index 
of construction costs of the Department of Commerce. Any 
adjustment shall be expeditiously reported to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.
  (i) Notification Required.--For each project approved under 
this section, the Administrator shall notify, in writing, the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate of any project milestones that are 
accomplished, including--
          (1) the solicitation and award of design and 
        construction services;
          (2) the completion of any actions required for such 
        project pursuant to the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.);
          (3) any ceremonies for the beginning or completion of 
        such project;
          (4) a naming ceremony for such project; and
          (5) the completion of such project.

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Sec. 3319. Interagency space coordination

  Unless a Federal agency specifically restricts the sharing of 
the information described in this section for national security 
purposes, the Administrator of General Services shall share 
with tenant Federal agencies pursuing new or replacement office 
space information on any other Federal agencies located in the 
same geographical area for purposes of determining 
opportunities for consolidations, collocations, or other space 
sharing to reduce the costs of space and maximize space 
utilization.

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