[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1940 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1940
To establish a public buildings public-private partnership pilot
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2021
Mr. Pence (for himself, Mr. Webster of Florida, and Mr. Guest)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish a public buildings public-private partnership pilot
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Performance-Based Public Buildings
Act of 2021''.
SEC. 2. PUBLIC BUILDINGS PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM.
(a) In General.--Chapter 33 of title 40, United States Code, is
amended by adding at the end the following:
``Sec. 3319. Public buildings public-private partnership pilot program
``(a) Establishment.--The Administrator shall carry out a pilot
program to enter into public-private partnerships to acquire public
buildings pursuant to the requirements of this section.
``(b) Identification of Projects.--Not later than 1 year after the
date of enactment of this section, the Administrator shall identify not
less than 5 and not more than 10 projects for acquiring space for the
purposes of public buildings using public-private partnerships.
``(c) Submission of Plan and Prospectuses.--Not later than 2 years
after the date of enactment of this section, 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--
``(1) prospectuses, in accordance with section 3307 of
title 40, United States Code, for each project identified under
subsection (b); and
``(2) an execution and management plan detailing how each
project will be managed, project team timelines for each
project, and, notwithstanding subsection (d), recommendations
on commencement dates based on ensuring proper staffing,
resources, and management.
``(d) Commencement.--Subject to the availability of appropriations,
a project submitted under subsection (c) that is authorized pursuant to
section 3307 shall commence not later than 1 year after the date on
which such authorization occurs, unless otherwise indicated in the
respective committee resolution authorizing the project.
``(e) Experts and Consultants.--
``(1) GSA personnel.--In carrying out the pilot program the
Administrator shall identify and use General Services
Administration personnel with knowledge and experience in
complex real estate transactions.
``(2) Contracted services.--The Administrator shall, to the
extent practicable and subject to appropriations Acts, use
contracts, including nonappropriated contracts, for services
necessary to carry out this section.
``(f) Compliance With Budgetary Rules.--For budgetary scorekeeping
purposes, a project carried out under this section shall be treated in
a manner consistent with the requirements for scoring a leaseback from
a public-private partnership under Appendix B of Circular A-11 of the
Office of Management and Budget, as of the date of enactment of this
section.
``(g) GAO Study.--Not later than 1 year after the occupancy of
projects authorized under this section, the Comptroller General of the
United States shall conduct a review of such projects and 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 includes--
``(1) a review and evaluation of the public-private
partnerships executed under this section and a comparison of
such agreements to similar projects completed as Government
construction, including a comparison of timetables and costs;
and
``(2) any recommendations on the use of public-private
partnerships as options for meeting Federal Government space
needs.
``(h) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Public building.--The term `public building' has the
meaning given the term in section 3301.
``(3) Performance-based management and operations
agreement.--The term `performance-based management and
operations agreement' means an agreement that--
``(A) reflects an obligation by the non-Federal
entity to design, build, finance, deliver, operate and
maintain an asset;
``(B) requires the non-Federal entity to provide
the General Services Administration a single point of
responsibility and obligation;
``(C) stipulates all requirements of the General
Services Administration and contains the terms and
conditions for annual performance-based availability
payments in accordance with the non-Federal entity
meeting or exceeding those requirements;
``(D) stipulates the terms and conditions for
reductions of any or all availability payments to the
non-Federal entity for any given period the asset is
unavailable to the Government or otherwise not
delivered, operated, or maintained in accordance with
the requirements included in the agreement; and
``(E) stipulates the terms and conditions for
termination and includes no obligation on the part of
the Government to renew any successive leases that may
be included in such project.
``(4) Public-private partnership.--The term `public-private
partnership' means a real property agreement for the purposes
of providing office space for the Federal Government that meets
the following criteria:
``(A) The agreement includes a ground-lease to a
non-Federal party with a subsequent lease back of the
improvements.
``(B) The entity that is the lessor of the
leaseback of improvements is entirely non-Federal.
``(C) The leaseback meets the criteria for an
operating lease under Appendix B of Circular A-11 of
the Office of Management and Budget, as of the date of
enactment of this section.
``(D) The project shall, to the extent practicable,
be operated and maintained by the non-Federal entity
subject to a performance-based management and
operations agreement entered into between the entity
and the Administrator.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 33 of title 40, United States Code, is amended
by adding at the end the following:
``3319. Public buildings public-private partnership pilot program.''.
<all>