[House Report 118-413]
[From the U.S. Government Publishing Office]


118th Congress    }                                       {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                       {    118-413

======================================================================
 
TO AMEND TITLE 40, UNITED STATES CODE, TO ESTABLISH AN EXPIRATION DATE 
 OF CERTAIN COMMITTEE RESOLUTIONS WITH RESPECT TO LEASES OR PROJECTS, 
                         AND FOR OTHER PURPOSES

                                _______
                                

 March 7, 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. 6316]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6316) to amend title 40, United 
States Code, to establish an expiration date of certain 
committee resolutions with respect to leases or projects, 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............................     2
Committee Votes..................................................     2
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..................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
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............     5

                         Purpose of Legislation

    The purpose of H.R. 6316 is to amend title 40, United 
States Code, to establish an expiration date of certain 
committee resolutions with respect to leases or projects, and 
for other purposes.

                  Background and Need for Legislation

    H.R. 6316 ensures accountability of the General Services 
Administration (GSA) to Congress by creating an expiration date 
for resolutions passed by the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate. This 
bill sets a five-year expiration date for resolutions after 
their passage if no lease has been awarded or no construction, 
alteration, repair, design, or acquisition project has been 
initiated. This legislation ensures that GSA takes prompt 
action on passed resolutions and minimizes the possibility of 
GSA acting on dated proposals.

                                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. 6316:
    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. 6316, ``To amend title 40, United States Code, to 
establish an expiration date of certain committee resolutions 
with respect to leases or projects, and for other purposes,'' 
was introduced in the United States House of Representatives on 
November 8, 2023, by Representative Dina Titus of Nevada, with 
Representative Scott Perry of Pennsylvania as an original 
cosponsor, and referred to the Committee on Transportation and 
Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 6316 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. 6316 on November 15, 2023.
    The Committee considered H.R. 6316 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 taken during consideration of H.R. 
6316.

            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. 6316 from the 
Director of the Congressional Budget Office:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 6316 would limit the authority of the General Services 
Administration (GSA) to enter into or start certain leases and 
projects to five years after the relevant Congressional 
committees have passed resolutions approving those activities.
    GSA is responsible for repairing the federal buildings it 
manages and leasing privately owned properties for use by 
federal agencies. Under current law, except in emergency 
situations, all leases and repairs of more than $4 million and 
alterations of more than $2 million require prior approval via 
resolutions from the House Committee on Transportation and 
Infrastructure and the Senate Committee on Environment and 
Public Works. Those approval resolutions generally do not 
contain time limits for GSA to enter into or start such leases 
and projects.
    Using information from the Government Accountability 
Office, CBO expects that the bill's requirements would not 
significantly affect GSA administrative costs or total GSA 
spending on leases or building repairs. Accordingly, CBO 
estimates that the cost to implement H.R. 6316 would be 
insignificant. Any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Matthew 
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 amend 
title 40, United States Code, to establish an expiration date 
of certain committee resolutions with respect to leases or 
projects, 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. 6316 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. 6316 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. Limitation on Authorizations

    This section amends section 3307 of title 40, United States 
Code, by requiring that, after five years, resolution approvals 
adopted by the Committee on Transportation and Infrastructure 
of the House of Representatives or the Committee on Environment 
and Public Works of the Senate will expire if the leases have 
not been awarded or if the construction, alteration, repair, 
design, or acquisition projects have not initiated. This 
expiration will apply solely to resolutions approved after the 
date of enactment of H.R. 6316.

         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 (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                      TITLE 40, UNITED STATES CODE




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SUBTITLE II--PUBLIC BUILDINGS AND WORKS

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PART A--GENERAL

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CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

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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.
  (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.
  (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) Expiration of Committee Resolutions.--
          (1) In general.--Unless a lease is awarded or a 
        construction, alteration, repair, design, or 
        acquisition project is initiated not later than 5 years 
        after the resolution approvals adopted by the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives or the Committee on Environment and 
        Public Works of the Senate pursuant to subsection (a), 
        such resolutions shall be deemed expired.
          (2) Application.--This subsection shall only apply to 
        resolutions approved after the date of enactment of 
        this subsection.

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