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114th Congress    }                                  {   Rept. 114-589
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {          Part 1

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



 
            PUBLIC BUILDINGS REFORM AND SAVINGS ACT OF 2016

                                _______
                                

  May 23, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4487]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4487) to reduce costs of Federal 
real estate, improve building security, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.












                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     7
Background and Need for Legislation..............................     7
Hearings.........................................................    15
Legislative History and Consideration............................    16
Committee Votes..................................................    17
Committee Oversight Findings.....................................    17
New Budget Authority and Tax Expenditures........................    17
Congressional Budget Office Cost Estimate........................    17
Performance Goals and Objectives.................................    17
Advisory of Earmarks.............................................    17
Duplication of Federal Programs..................................    17
Disclosure of Directed Rule Makings..............................    18
Federal Mandate Statement........................................    18
Preemption Clarification.........................................    18
Advisory Committee Statement.....................................    18
Applicability of Legislative Branch..............................    18
Section-by-Section Analysis of Legislation.......................    18
Changes in Existing Law Made by the Bill, as Reported............    21





    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 ``Public Buildings Reform and Savings 
Act of 2016''.

SEC. 2. STREAMLINED LEASING PILOT PROGRAM.

  (a) Execution of Leases.--The Administrator of General Services shall 
establish and conduct a pilot program to execute lease agreements 
pursuant to authority provided under section 585 of title 40, United 
States Code, using alternative procedures.
  (b) Adoption.--The Administrator shall prescribe alternative 
procedures to enter into lease agreements in accordance with section 
585 of title 40, United States Code, pursuant to the provisions of this 
section.
  (c) Goals of Procedures.--The goals of the alternative procedures 
are--
          (1) reducing the costs to the Federal Government of leased 
        space, including--
                  (A) executing long-term leases with firm terms of 10 
                years or more and reducing costly holdover and short-
                term lease extensions, including short firm term 
                leases;
                  (B) improving office space utilization rates of 
                Federal tenants; and
                  (C) streamlining and simplifying the leasing process 
                to take advantage of real estate markets; and
          (2) significantly reducing or eliminating the backlog of 
        expiring leases over the next 5 years.
  (d) Leasehold Interests in Real Property.--
          (1) Simplified procedures.--Notwithstanding section 3305(b) 
        of title 41, United States Code, but otherwise in accordance 
        with such section, the Administrator of General Services shall 
        provide special simplified procedures for acquisitions of 
        leasehold interests in real property at rental rates that do 
        not exceed the simplified lease acquisition threshold, as 
        defined in paragraph (2). The rental rate under a multiyear 
        lease does not exceed the simplified lease acquisition 
        threshold if the average annual amount of the rent payable for 
        the period of the lease does not exceed the simplified lease 
        acquisition threshold.
          (2) Acquisition threshold.--For purposes of this section, the 
        simplified lease acquisition threshold is $500,000.
  (e) Consolidated Lease Prospectuses.--The Administrator may, when 
acquiring leasehold interests subject to section 3307 of title 40, 
United States Code, transmit, pursuant to subsection (b) of such 
section, to the committees designated in such section for approval a 
prospectus to acquire leased space, and waive the requirements pursuant 
to paragraphs (3) and (6) of section 3307(b), subject to the following 
requirements:
          (1) Cost per square footage.--The cost per square footage 
        does not exceed the maximum proposed rental rate designated for 
        the respective geographical area.
          (2) Space utilization.--The Administrator ensures the overall 
        space utilization rate is 170 usable square feet per person or 
        better based on actual agency staffing levels when occupied.
          (3) Lease term.--The lease term, including the firm term, is 
        not less than 10 years.
          (4) Geographic location.--The geographical location is 
        identified as having a large amount of square footage of 
        Federal office space and lease turnover and will likely result 
        in providing for the ability, on a timely basis, of the agency 
        to consolidate space effectively or meet any requirements for 
        temporary or interim space required for planned consolidations.
  (f) Consolidations Generally.--The Administrator may consolidate more 
than 1 project into a single prospectus submitted pursuant to section 
3307(b), title 40, United States Code, if such consolidation will 
facilitate efficiencies and reductions in overall space and improved 
utilization rates.
  (g) Waiver Authority.--The Administrator may--
          (1) waive notice and comment rulemaking, if the Administrator 
        determines the waiver is necessary to implement this section 
        expeditiously; and
          (2) carry out the alternative procedures under this section 
        as a pilot program.
  (h) Reports.--
          (1) Annual reports.--During the period in which the pilot 
        program is conducted under this section, the Administrator 
        shall submit, annually, to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        progress report that provides updates on the number and square 
        footage of leases expiring in the 5-year period beginning on 
        the date of enactment of this Act, by agency and region, and 
        which shall include for the expiring leases--
                  (A) an average of the lease terms, including firm 
                terms, for leases executed; and
                  (B) the percentage of leases managed in-house or 
                through the use of commercial real estate leasing 
                services.
          (2) Final report.--Not later than 180 days after termination 
        of the pilot program, the Administrator shall submit a final 
        report to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Environment 
        and Public Works of the Senate. The final report shall 
        include--
                  (A) a review and evaluation of the lease agreements 
                executed under the alternative procedures established 
                pursuant to this section in comparison to those 
                agreements not executed pursuant to the alternative 
                procedures;
                  (B) recommendations on any permanent changes to the 
                General Services Administration's leasing authority; 
                and
                  (C) a progress evaluation in meeting the goals 
                described in subsection (c).
  (i) Termination.--The authorities under this section shall terminate 
on December 31, 2021.

SEC. 3. EXCHANGE AUTHORITY.

  (a) Limitation on Exchange Authority.--Section 3307(a) of title 40, 
United States Code, is amended--
          (1) in paragraph (1), by inserting ``(including by 
        exchange)'' after ``acquire''; and
          (2) by adding at the end the following:
          ``(4) An appropriation for any costs and expenses associated 
        with administering an acquisition by exchange involving real 
        property or in-kind consideration, including services, with a 
        fair market value of $2,850,000 or more.''.
  (b) Effective Date.--The amendments made by this section shall not 
apply to projects in which a procurement has already begun.

SEC. 4. FEDERAL PROTECTIVE SERVICE.

  (a) Section 1315 of title 40, United States Code, is amended by 
adding at the end the following new subsection:
  ``(h) Contract Security Personnel.--
          ``(1) Authorities for contract security personnel.--
                  ``(A) Carrying of firearms.--The Secretary may 
                authorize contract security personnel engaged in the 
                protection of buildings and grounds that are owned, 
                occupied, or secured by the General Services 
                Administration Public Buildings Service to carry 
                firearms to carry out their official duties.
                  ``(B) Detention without a warrant.--A person 
                authorized to carry a firearm under this subsection 
                may, while in the performance of, and in connection 
                with, official duties, detain an individual without a 
                warrant for any offense against the United States 
                committed in that person's presence or for any felony 
                cognizable under the laws of the United States if that 
                person has reasonable grounds to believe that the 
                individual to be detained has committed or is 
                committing such felony. The detention authority 
                conferred by this paragraph is in addition to any 
                detention authority provided under other laws.
          ``(2) Limitations.--The following limitations apply:
                  ``(A) Detention.--Contract security personnel 
                authorized to carry firearms under this section may 
                detain an individual only if the individual to be 
                detained is within, or in direct flight from, the area 
                of such offense.
                  ``(B) Enforcement of certain laws.--A person granted 
                authority to detain under this section may exercise 
                such authority only to enforce laws regarding any 
                building and grounds and all property located in or on 
                that building and grounds that are owned, occupied, or 
                secured by the General Services Administration Public 
                Buildings Service.
          ``(3) Guidance.--The Secretary, with the approval of the 
        Attorney General, shall issue guidelines to implement this 
        section.''.
  (b) Section 1315(b) of title 40, United States Code, is amended--
          (1) by inserting ``and'' at the end of subparagraph (D);
          (2) by striking ``; and'' at the end of subparagraph (E) and 
        inserting a period; and
          (3) by striking subparagraph (F).
  (c) Section 1315(b) of title 40, United States Code, is amended by 
adding at the end the following new paragraphs:
          ``(3) Minimum training standards.--The Secretary, in 
        consultation with the Director of the Federal Protective 
        Service and in accordance with guidelines issued by the 
        Attorney General, shall establish minimum and uniform training 
        standards for any employee designated as an officer or agent to 
        carry out and exercise authority pursuant to this section. Such 
        minimum standards shall include ongoing training certified by 
        the Director of the Federal Protective Service.
          ``(4) Notification of designations and delegations.--The 
        Secretary shall submit written notification of any approved 
        designations or delegations of any authority provided under 
        this section, including the purposes and scope of such 
        designations or delegations, not within the Federal Protective 
        Service, to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate, including the 
        purpose for such designations or delegations, oversight 
        protocols established to ensure compliance with any 
        requirements, including compliance with training requirements, 
        and other specifics regarding such designations and 
        delegations.''.

SEC. 5. EVALUATION OF FEDERAL PROTECTIVE SERVICE PERSONNEL NEEDS.

  (a) Personnel and Funding Needs of Federal Protective Service.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act and after review by a qualified 
        consultant pursuant to paragraph (2), the Secretary shall 
        submit a report to the appropriate congressional committees on 
        the personnel needs of the Federal Protective Service that 
        includes recommendations on the numbers of Federal Protective 
        Service law enforcement officers and the workforce composition 
        of the Federal Protective Service needed to carry out the 
        mission of such Service during the 10-fiscal-year period 
        beginning after the date of enactment of this Act.
          (2) Review and comment.--The Secretary shall provide the 
        report prepared under this section to a qualified consultant 
        for review and comment before submitting the report to the 
        appropriate congressional committees. The Secretary shall 
        provide the comments of the qualified consultant to the 
        appropriate congressional committee with the report.
          (3) Contents.--The report under this section shall include an 
        evaluation of--
                  (A) the option of posting a full-time equivalent 
                Federal Protective Service law enforcement officer at 
                each level 3 or 4 Federal facility, as determined by 
                the Interagency Security Committee, that on the date of 
                enactment of this Act has a protective security officer 
                stationed at the facility;
                  (B) the potential increase in security of any option 
                evaluated under subparagraph (A);
                  (C) the immediate and projected costs of any option 
                evaluated under such subparagraph; and
                  (D) the immediate and projected costs of maintaining 
                the current level of protective security officers and 
                full-time Federal Protective Service law enforcement 
                officers.
  (b) Report on Funding.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the best method of funding for the 
Federal Protective Service, which shall include recommendations 
regarding whether the Federal Protective Service should--
          (1) continue to be funded by a collection of fees and 
        security charges;
          (2) be funded by appropriations; or
          (3) be funded by a combination of fees, security charges, and 
        appropriations.

SEC. 6. ZERO-BASED SPACE JUSTIFICATION.

  Section 3307(b) of title 40, United States Code, is amended--
          (1) in paragraph (5), by inserting before the semicolon the 
        following: ``including a cost comparison between leasing space 
        or constructing space'';
          (2) in paragraph (6) by striking ``and'' at the end;
          (3) in paragraph (7) by striking the period and inserting ``; 
        and''; and
          (4) by adding at the end the following:
          ``(8) with respect to any prospectus, including for 
        replacement space, lease renewal, or lease extension, the 
        Administrator shall include a justification for such space, 
        including an explanation of why such space could not be 
        consolidated or colocated into other owned or leased space.''.

SEC. 7. 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. 8. LIMITATION ON AUTHORIZATIONS.

  Section 3307 of title 40, United States Code, is amended by adding at 
the end the following:
  ``(i) Expiration of Committee Resolutions.--Unless a lease is 
executed 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. This subsection shall only apply to 
resolutions approved after the date of enactment of this subsection.''.

SEC. 9. DEPARTMENT OF ENERGY HEADQUARTERS REPLACEMENT.

  (a) Sale of Certain Property.--
          (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator of the General 
        Services Administration is directed to sell, exchange, or some 
        combination thereof, a portion of the Forrestal Complex 
        necessary to generate the funds necessary to construct a new 
        Department of Energy headquarters on Government-owned land in a 
        manner consistent with the SW Ecodistrict Plan if the 
        Administrator determines that the new Department of Energy 
        headquarters can be constructed with no net costs to the 
        Government.
          (2) Definitions.--For purposes of this section, the following 
        definitions apply:
                  (A) Department of energy forrestal complex.--The term 
                ``Forrestal Complex'' means the land, including the 
                buildings and other improvements thereon, that--
                          (i) subject to survey and as determined by 
                        the Administrator, is--
                                  (I) located in the District of 
                                Columbia;
                                  (II) generally bounded by 
                                Independence Avenue, Southwest, 12th 
                                Street, Southwest, Maryland Avenue, 
                                Southwest, and 9th Street, Southwest; 
                                and
                                  (III) generally consisting of Squares 
                                351-N, 351, 383, 384, and 385 and 
                                portions of Squares 325 and 352; and
                          (ii) is under the jurisdiction and control of 
                        the General Services Administration.
                  (B) SW ecodistrict plan.--The term ``SW Ecodistrict 
                Plan'' means the plan of the National Capital Planning 
                Commission titled ``The SW Ecodistrict: A Vision Plan 
                For A More Sustainable Future'' and dated January 2013.
  (b) Replacement of Headquarters.--Not later than 2 years after the 
disposal of the necessary portions of the Forrestal Complex, the 
Administrator shall replace the Department of Energy headquarters 
located on the Forrestal Complex in a Government-owned building on 
Government-owned land.
  (c) Certain Prohibitions.--The Administrator shall not lease a new 
Department of Energy headquarters or engage in a leaseback of the 
current headquarters.
  (d) Sale.--If the Administrator is unable to meet the conditions of 
subsection (a), the Administrator shall sell any underutilized or 
vacant property on the Forrestal Complex for cash.
  (e) Net Proceeds.--Any net proceeds received, exceeding the expenses 
of implementing subsection (b) or (d), shall be paid into an account in 
the Federal Buildings Fund established under section 592 of title 40, 
United States Code. Upon deposit, the net proceeds from the sale may 
only be expended subject to a specific future appropriation.

SEC. 10. LIMITATION ON DISCOUNTED PURCHASE OPTIONS.

  Section 585 of title 40, United States Code, is amended by adding at 
the end the following:
  ``(d) Any bargain-price option to purchase at less than fair market 
value contained in any lease agreement entered into on or after January 
1, 2016, pursuant to this section may be exercised only to the extent 
specifically provided for in subsequent appropriation Acts or other 
Acts of Congress.''.

SEC. 11. ENERGY SAVINGS.

  To the extent practicable and when cost effective, the Administrator 
of the General Services Administration shall consider the direct 
purchase of energy and other utilities in bulk or otherwise for leased 
facilities.

SEC. 12. SIMPLIFIED REFORMS.

  (a) In General.--For the purpose of section 863 of Public Law 110-
417, an individual acquisition for commercial leasing services shall 
not be construed as a purchase of property or services if such 
individual acquisition is made on a no cost basis and pursuant to a 
multiple award contract awarded in accordance with requirements for 
full and open competition.
  (b) Audit.--The Comptroller General of the United States shall--
          (1) conduct biennial audits of the General Services 
        Administration National Broker Contract to determine--
                  (A) whether brokers selected under the program 
                provide lower lease rental rates than rates negotiated 
                by General Services Administration staff; and
                  (B) the impact of the program on the length of time 
                of lease procurements;
          (2) conduct a review of whether the application of section 
        863 of Public Law 110-417 to acquisitions for commercial 
        leasing services resulted in rental cost savings for the 
        Government during the years in which such section was 
        applicable prior to the date of enactment of this section; and
          (3) not later than September 30, 2018, and September 30, 
        2020, 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--
                  (A) summarizes the results of the audit and review 
                required by paragraphs (1) and (2);
                  (B) includes an assessment of whether the National 
                Broker Contract provides greater efficiencies and 
                savings than the use of General Services Administration 
                staff; and
                  (C) includes recommendations for improving General 
                Services Administration lease procurements.
  (c) Termination.--This section shall terminate on December 31, 2021.

SEC. 13. NATIONAL CAPITAL REGION RENTAL RATES.

  Not later than 120 days after the date of enactment of this Act, the 
Administrator of General Services shall submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate justifying the use of 3 lease rental caps per fiscal year 
and their impacts in the National Capital Region. The Administrator 
shall also evaluate and make recommendations related to whether the 
current rental caps adequately provide for maximum competition for 
build-to-suit leased space.

SEC. 14. REDUCTION OF ADMINISTRATIVE REQUIREMENTS ON CERTAIN PROGRAMS.

  Section 601(d)(2) of the Public Works and Economic Development Act of 
1965, as amended (42 U.S.C. 3211), is amended--
          (1) by striking ``(2) Release.--'' and inserting the 
        following:
          ``(2) Release.--
                  ``(A) In general.--''; and
          (2) by adding at the end the following:
                  ``(B) Revolving loan fund program.--The Secretary may 
                release, subject to terms and conditions the Secretary 
                determines appropriate, the Federal Government's 
                interest in connection with a grant under section 
                209(d) not less than 7 years after final disbursement 
                of the grant, if--
                          ``(i) the recipient has carried out the terms 
                        of the award in a satisfactory manner;
                          ``(ii) any proceeds realized from the release 
                        of the Federal Government's interest will be 
                        used for one or more activities that continue 
                        to carry out the economic development purposes 
                        of this Act; and
                          ``(iii) the recipient shall provide adequate 
                        assurance to the Secretary that at all times 
                        after release of the Federal Government's 
                        interest in connection with the grant, the 
                        recipient will be responsible for continued 
                        compliance with the requirements of section 602 
                        in the same manner it was responsible prior to 
                        release of the Federal Government's interest 
                        and that the recipient's failure to comply 
                        shall result in the Secretary taking 
                        appropriate action, including, but not limited 
                        to, rescission of the release and recovery of 
                        the Federal share of the grant.''.

SEC. 15. LACTATION ROOM IN PUBLIC BUILDINGS.

  (a) Lactation Room in Public Buildings.--Chapter 33 of title 40, 
United States Code, is amended by adding at the end the following new 
section:

``Sec. 3317. Lactation room in public buildings

  ``(a) Definitions.--In this section:
          ``(1) Appropriate authority.--The term `appropriate 
        authority' means the head of a Federal agency, the Architect of 
        the Capitol, or other official authority responsible for the 
        operation of a public building.
          ``(2) Covered public building.--The term `covered public 
        building' means a public building (as defined in section 3301) 
        that is open to the public and contains a public restroom, and 
        includes a building listed in section 6301 or 5101.
          ``(3) Lactation room.--The term `lactation room' means a 
        hygienic place, other than a bathroom, that--
                  ``(A) is shielded from view;
                  ``(B) is free from intrusion; and
                  ``(C) contains a chair, a working surface, and, if 
                the public building is otherwise supplied with 
                electricity, an electrical outlet.
  ``(b) Lactation Room Required.--Except as provided in subsection (c), 
the appropriate authority of a covered public building shall ensure 
that the building contains a lactation room that is made available for 
use by members of the public to express breast milk.
  ``(c) Exceptions.--A covered public building may be excluded from the 
requirement in subsection (b) at the discretion of the appropriate 
authority if--
          ``(1) the public building--
                  ``(A) does not contain a lactation room for employees 
                who work in the building; and
                  ``(B) does not have a room that could be repurposed 
                as a lactation room or a space that could be made 
                private using portable materials, at a reasonable cost; 
                or
          ``(2) new construction would be required to create a 
        lactation room in the public building and the cost of such 
        construction is unfeasible.
  ``(d) No Unauthorized Entry.--Nothing in this section shall be 
construed to authorize an individual to enter a public building or 
portion thereof that the individual is not otherwise authorized to 
enter.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 33 of title 40, United States Code, is amended by inserting 
after the item related to section 3316 the following new item:

``3317. Lactation room in public buildings.''.

  (c) Effective Date.--The amendments made by this section shall take 
effect one year after the date of the enactment of this Act.

SEC. 16. USE OF RECLAIMED REFRIGERANTS.

  Not later than 180 days after the date of enactment of this Act, the 
Administrator of General Services shall issue a report examining the 
feasibility of giving preference to the use of reclaimed refrigerants 
to service existing equipment of Federal buildings.

                         Purpose of Legislation

    H.R. 4487, the Public Buildings Reform and Savings Act of 
2016, as amended, reduces the costs of federal real estate and 
improves federal building security.

                  Background and Need for Legislation

    H.R. 4487, the Public Buildings Reform and Savings Act of 
2016, as amended, streamlines the General Services 
Administration's (GSA) lease program, strengthens 
accountability and oversight of public buildings, and improves 
federal building security.

   STREAMLINING GSA'S LEASING PROCESS TO REDUCE COSTS TO THE TAXPAYER

    H.R. 4487 streamlines GSA's leasing process by creating a 
pilot program that will provide GSA additional flexibilities 
for saving taxpayer dollars when replacing expiring leases. 
Specifically, the pilot program would streamline the process 
for 87% of GSA's smaller dollar leases, allowing GSA to focus 
more resources on larger, more complex leases and facilitate 
GSA consolidation of agency office space requirements.

GSA's leased portfolio

    Nationwide, GSA owns or leases over 8,700 assets, totaling 
377 million rentable square feet of office space. More than 
7,100 of those assets are leased, accounting for 193 million 
rentable square feet--more than half of GSA's total office 
space inventory.\1\ GSA's leased space costs more than $5.5 
billion annually. Over the next five years, more than half of 
GSA's leased inventory will expire. In the National Capital 
Region (NCR) alone, GSA leases 56 million rentable square feet, 
with 32 million square feet of leases expiring in the next five 
years.
---------------------------------------------------------------------------
    \1\FY2014 State of the Portfolio Snapshot, U.S. General Services 
Administration.
---------------------------------------------------------------------------

Efforts to reduce office space costs

    Both the Committee and the Administration have been working 
to reduce the costs of leased office space by improving the 
space utilization rates of agencies and reducing their space 
footprint. Large leases of over $2.85 million annually must be 
authorized by the House Committee on Transportation and 
Infrastructure and the Senate Committee on Environment and 
Public Works. Through efforts to improve space utilization, 
consolidate space, and reduce square footage, since the 
beginning of the 113th Congress, the Committee authorized 
leases and consolidation projects that will potentially save 
taxpayers more than $3 billion.
    While costs can be significantly reduced through improving 
office space utilization, with 50% of GSA's leases expiring in 
the near-term, more savings can be realized if expiring leases 
are replaced with lower cost, long-term leases. There is an 
opportunity to reduce costs through negotiating good lease 
deals, locking-in low rental rates, and taking advantage of the 
real estate market today. In fact, there is a unique 
opportunity in the near term to produce real savings in GSA 
leases, given the large number of leases expiring and the fact 
that many key markets, such as the NCR, are still ``buyer's'' 
markets for potential tenants.\2\ The current environment 
allows GSA and its tenant agencies to reduce costs through 
improving utilization rates, negotiating longer term leases to 
lock in lower rental rates, and negotiating other concessions 
that benefit the taxpayer.
---------------------------------------------------------------------------
    \2\JLL, Washington, D.C. Market Overview, January 29, 2015.
---------------------------------------------------------------------------
    In addition, as part of reducing office space--both leased 
and owned--it is critical that GSA and its tenant agencies 
evaluate reducing storage and warehouse space. In 2013, federal 
agencies occupied 19,000 warehouses consisting of 90 million 
square feet of space worldwide.\3\ GSA reports having 600 
warehouses, totaling more than 29 million square feet of 
space.\4\ While warehouse space can contain a wide array of 
items--equipment, furniture, documents and files--there are 
steps agencies can take to both reduce its space footprint and 
at the same time improve management of items in storage. 
Underutilized storage space or such space co-located within 
leased facilities with office space can be costly. GSA and its 
tenant agencies should work to identify opportunities for 
consolidating warehouse space and file space and, where 
appropriate, consider lower costs, federally-compliant records 
facilities.
---------------------------------------------------------------------------
    \3\Federal Real Property: Strategic Focus Needed to help Manage 
Vast and Diverse Warehouse Portfolio, GAO-15-41 (November 2014), p. 1.
    \4\Id. at 8.
---------------------------------------------------------------------------
            Short-term lease deals cost a premium
    As of 2015, over the previous three years, the number of 
short-term lease extensions in GSA's inventory had increased. 
The cost between short-term lease extensions (1-3 years) and 
leases with longer terms (10, 15 years, or longer) is stark. 
The weighted cost difference between longer term leases versus 
extensions between 2012 and 2015 was 20 percent. To provide 
some perspective--if the cost of most, if not all, of the 57 
percent of leases expiring in the NCR in the near term were to 
achieve these cost reductions, the taxpayer could save more 
than $200 million annually, not counting any reductions due to 
shrinking the space requirements. In addition, very often 
holdovers or short-term extensions can be avoided if 
appropriations are available for the tenant agency and proper 
planning is completed early on, in anticipation of lease 
expirations.
    Factors that have contributed to the increase in short-term 
leases include--budget uncertainty, implementation of or 
resistance to the Administration's ``Freeze and Reduce the 
Footprint'' policies requiring agencies to rethink how to use, 
consolidate, and realign their space, poor real estate 
planning, and resistance to potential relocations to non-
traditional, and often less expensive, submarkets.
            Many recent GSA leases are short-term leases
    In addition, many ``long term'' leases GSA has signed, 
nation-wide, in recent years are actually ``short term'' leases 
of five years or less. For example, GSA signed leases of 10 
years that are structured to include a five year ``firm term'' 
and a five year ``soft term,'' during which GSA can terminate 
the lease. The market treats those leases as five-year leases 
only and prices them accordingly, reducing the amount of 
savings and benefits of a longer-term lease.
            Long-term lease deals lower costs
    Not only do longer term leases best position GSA to take 
advantage of the market leasing rates, they also provide GSA 
the ability to negotiate additional concessions or savings. For 
example, in the recent case of a new lease for the National 
Science Foundation (NSF) headquarters, GSA awarded a lease at a 
rental rate of more than 30 percent below the market rate. The 
lease includes $35 million to the government that can be 
applied to further reduce rent costs and address costs 
associated with relocating the NSF. GSA estimates that the 
taxpayer will save $65 million over the 15-year term of the 
lease.
    Taking advantage of the opportunity presented by the large 
percentage of leases expiring in the near term would also allow 
GSA and tenant agencies to lock in current rental rates. Most 
of the top markets where GSA has leases have rates still below 
their peak rates in 2007 and 2008. However, within only a few 
years, the reverse may be true as the trend in the leasing 
market is moving upward and swinging back towards higher 
leasing costs.\5\
---------------------------------------------------------------------------
    \5\JLL, Washington, D.C. Market Overview, January 29, 2015.
---------------------------------------------------------------------------

            ACCOUNTABILITY AND OVERSIGHT OF PUBLIC BUILDINGS

    H.R. 4487 includes a number of provisions that will improve 
oversight and accountability of GSA's authorities to minimize 
waste and ensure the limited resources and funding go to 
projects that are needed and properly authorized by Congress. 
These provisions include: clarifying that construction projects 
funded by GSA's exchange authorities require congressional 
authorization; requiring congressional notification if project 
costs and scope change by more than five percent; and 
sunsetting project authorizations after five years.
    In recent years, the Committee has been concerned about how 
GSA has interpreted some of its authorities. While GSA has been 
provided broad authority to acquire needed property and manage 
property, the Public Buildings Act also ensures there is proper 
congressional oversight to provide for appropriate 
accountability to the taxpayer.

Exchange authority

    The Public Buildings Act explicitly authorizes GSA to use 
exchanges to acquire properties that are needed to meet federal 
space requirements.\6\ The purpose of such authority is to 
provide GSA with flexibility on options to acquire properties 
and generally has been used in cases, for example, in which it 
is prudent to exchange one building site with another or one 
existing building with another existing building that better 
met the needs of the federal government. While these statutory 
authorities explicitly mention ``exchange,'' more recently, GSA 
has interpreted another provision as providing exchange 
authority.\7\ GSA's recent interpretation that its exchange 
authorities can be used to fund new construction projects has 
been a concern of the Committee. While the Committee has 
supported GSA fully utilizing its authorities to find 
innovative ways to meet federal space needs in a cost-effective 
manner, GSA has proceeded with major building projects, using 
exchanges, without any authorization by Congress for the 
underlying project. This has effectively limited Congress' role 
and ability to ensure projects are necessary, reasonable in 
scope, and cost-effective for the taxpayer. H.R. 4487 is not 
intended to stop GSA's current use of its exchange authority; 
rather, the changes made by the legislation are prospective and 
ensure there is proper authorization and oversight of GSA's use 
of this authority in future projects.
---------------------------------------------------------------------------
    \6\40 U.S.C. Sec. Sec. 3304(a), 3304(b), and 3305 (a); Section 412, 
Consolidated Appropriations Act, 2005, Title V, General Services 
Administration, P.L. 108-447.
    \7\40 U.S.C. Sec. 581(c) (this section states ``The Administrator 
may acquire, by purchase, condemnation, or otherwise, real estate and 
interests in real estate.''
---------------------------------------------------------------------------

Limitations on project scope and authorizations

    During the Committee's work and oversight related to 
federal courthouses, a number of strategies were identified to 
improve oversight, generally, of GSA's construction projects. 
In 2010, the GAO completed a study entitled, ``Federal 
Courthouse Construction: Better Planning, Oversight, and 
Courtroom Sharing Needed to Address Future Costs.''\8\ For that 
study, GAO examined 33 courthouses that were constructed during 
the ten-year period from 2000 to 2010 and found that 3.56 
million square feet of extra space was built. The reasons for 
the extra space included: the Judiciary overestimating its 10-
year projection of future judges assigned to courthouses, new 
courthouses did not incorporate courtroom sharing, and GSA 
constructed courthouses above the congressionally-approved 
size.
---------------------------------------------------------------------------
    \8\GAO-10-417.
---------------------------------------------------------------------------
    Since that time and after subsequent reports by the GAO and 
hearings by the Committee, the Judiciary has taken action to 
address many of the problems of waste identified. However, 
despite the GAO and Committee findings, GSA proceeded with the 
construction of a new courthouse in Los Angeles, California, 
based on a 10-year-old authorization and a plan no longer 
reflective of the requirements of the Judiciary. Even if a 
project may be appropriate at a given point in time, 
requirements change, costs change, and building standards 
change.
    As a result of this, H.R. 4487 addresses these concerns by 
requiring GSA to notify the Committee if a project's scope or 
costs change by more than five percent. It also sunsets 
Committee authorizations in five years if the project has not 
commenced.

Court ruling Related to Committee's approval process

    In November of 2015, the U.S. Court of Federal Claims 
issued a ruling in the case of Springfield Parcel C, LLC v. 
United States. The case was brought as a post-award bid protest 
from a request for lease proposals (RLP) awarded by GSA for a 
new headquarters for the Transportation Security Administration 
(TSA). The lease was awarded to Eisenhower Real Estate 
Holdings, LLC (Eisenhower) and Springfield Parcel C, LLC sought 
a permanent injunction of the award to Eisenhower.
    Among the issues the Court addressed was whether GSA 
violated the law by exceeding the square footage authorized by 
the Committee when it approved the proposed TSA lease. In 
concluding that GSA had exceeded its authority, the Court also 
addressed the issue of whether the prospectus process is 
constitutional. The Court concluded that the Committee's 
approval process did not run afoul of the Constitution 
explaining that the Executive Branch has no authority to expend 
funds for public buildings without an authorization.\9\ The 
Court further explained that the ``congressional committees' 
approvals precede, not follow, the pertinent appropriation, and 
any conditions stated in the committees' approving resolutions 
flow through to the appropriation.''\10\ The Court noted that 
because GSA violated the law, there was no appropriation 
available for the lease and therefore concluded the lease 
violated the Anti-Deficiency Act (ADA). As a result, the Court 
ruled the lease was void ab initio (from the beginning).
---------------------------------------------------------------------------
    \9\Springfield Parcel C, LLC v. United States, No. 15-1069C, Fed. 
Cl. (2015), Letter to the Honorable Silvio O. Conte, B-196854, 1984 WL 
262173 (Comp. Gen. Mar. 19, 1984).
    \10\Springfield Parcel C, LLC v. United States, No. 15-1069C, Fed. 
Cl. (2015), page 25, footnote 23.
---------------------------------------------------------------------------
    The Springfield Parcel C, LLC ruling made it clear that GSA 
must obtain committee authorization for projects exceeding the 
threshold in the law.\11\ Absent authorization, GSA has no 
authority to obligate funds for these projects. In addition, 
the case made clear that the parameters typically included in 
the committee resolutions approving GSA projects, such as 
limitations on square footage and costs, are binding on GSA.
---------------------------------------------------------------------------
    \11\40 USC Sec. 3307.
---------------------------------------------------------------------------
    The provisions of H.R. 4487 will help improve congressional 
oversight of GSA's real estate authorities. However, the Court 
ruling made clear GSA is legally bound by the limitations 
contained in the Committee resolutions approving GSA projects 
and leases. To ensure costs are minimized and avoid delays, GSA 
must continue to work to submit prospectuses to the Committee 
as early as possible to ensure the Committee has adequate time 
to review proposed projects.

                      IMPROVING BUILDING SECURITY

    Buildings, unfortunately, have been proven attractive 
targets to those wishing to do the Nation harm. Whether they 
are federally owned facilities, federally occupied facilities, 
or private buildings, they represent key symbols of the Nation. 
There have been numerous attacks against buildings, including 
federally owned or occupied buildings, including:
           1993 bombing of the World Trade Center in 
        New York City in which six people were killed and more 
        than a thousand injured;
           1995 bombing of the Alfred P. Murrah Federal 
        Building in Oklahoma City, Oklahoma in which 168 
        people, including 19 children, were killed;
           1998 attack on the United States Capitol in 
        which two Capitol Police Officers--Detective John 
        Gibson and Officer Jacob Chestnut--were killed;
           2001 September 11th terrorist attacks 
        targeting the World Trade Center, the Pentagon, and 
        another target not known, but believed to possibly have 
        been the U.S. Capitol or the White House, in which 
        nearly 3,000 people were killed;
           2010 attack on an Internal Revenue Service 
        office in Austin, Texas with a single-engine plane, 
        killing one employee and injuring 13 others;
           2013 Washington Navy Yard shooting in which 
        12 civilian and contractor employees were killed;
           2015 shooting at the U.S. Census Bureau in 
        Suitland, Maryland in which a Federal Protective 
        Service (FPS) Protective Security Officer (PSO) was 
        killed;
           2015 shooting at a federal office building 
        in New York City in which a PSO was killed; and
           2016 shooting at the U.S. Capitol Visitor 
        Center.
    As the Federal inventory of buildings has steadily 
increased over the last 30 years, the quality and 
implementation of security standards have varied greatly. The 
Committee has unfortunately found that security in Federal 
buildings is not uniform and is often set by non-security 
personnel employed by tenant agencies through a Facility 
Security Committee for each individual public building. This 
approach to security makes it difficult to gauge properly the 
actual risk at Federal facilities and then allocate Federal 
Protective Service (FPS) resources appropriately.
    The FPS was created in 1971 as part of GSA and is 
responsible for providing law enforcement and security services 
to all 8,700 federal facilities that are owned or leased by 
GSA. In 2003, FPS was transferred into the Department of 
Homeland Security (DHS). Today, the FPS has 1,200 full-time 
employees located in its headquarters and 11 regions around the 
country and approximately 13,500 contract security guards also 
known as protective security officers (PSOs). FPS is funded 
through security fees charged to GSA's federal tenant agencies. 
The FPS not only is charged with physically securing 
facilities, but also managing and overseeing the PSOs and 
related contracts, conducting building assessments, responding 
to incidents, and conducting criminal investigations. FPS 
authorities can also be delegated outside of FPS and DHS. Both 
the authority to procure and manage contract guard services and 
the law enforcement powers granted pursuant to 40 U.S.C. 
1315(b)(2) can be delegated. Currently, there are 193 
delegations of authority to 21 federal departments and 
agencies.
    Over the years, GAO conducted a number of investigations 
related to building security and the FPS and found deficiencies 
in building security, the management and training of the PSOs, 
and oversight of delegated authority.\12\ In addition, in 2014, 
the Committee learned the relevant law enforcement and contract 
guard authorities have been dispersed even within DHS 
potentially making it more difficult to ensure accountability, 
proper training and oversight, and effective management of 
security. This also raises questions as to how and whether DHS 
is focused on improving the FPS or simply dispersing 
authorities as needed to other entities.\13\ The 
decentralization of this authority is troubling as it appears 
to undercut clear accountability for the security of federal 
buildings.
---------------------------------------------------------------------------
    \12\See, for example, Federal Protective Service: Protecting 
Federal Facilities Remains A Challenge, GAO-14-623T (May 21, 2014); 
Homeland Security: Challenges Associated with Federal Protective 
Service's Contract Guards and Risk Assessments at Federal Facilities, 
GAO-14-128T (Oct. 30, 2013); Federal Protective Service: More Effective 
Management Needed in Delegating Security Authority to Agencies, GAO-15-
271 (March 31, 2015).
    \13\The authorities pursuant to 40 U.S.C. 1315 were vested in the 
Secretary of Homeland Security after FPS was moved to DHS from GSA. 
Those authorities are currently delegated down through two entities--
the National Protection and Programs Directorate (NPPD) under which 
falls FPS and the Under Secretary of Management which has delegated 
authority to the DHS Office of the Chief Security Officer.
---------------------------------------------------------------------------
    H.R. 4487 makes a number of changes to improve security and 
accountability. Specifically, it makes changes related to PSO 
authorities that will better facilitate uniform training 
standards for the contract guard program. The bill also ensures 
persons acting pursuant to delegated law enforcement authority 
are appropriately trained on an ongoing basis; requires 
notification of any delegations of authority outside of FPS; 
and ensures FPS's limited resources are focused on building 
security. The bill also requires FPS to study the overall 
personnel needs of FPS, the permanent posting of a law 
enforcement officer at high security facilities, and the 
workforce composition of FPS.
    FPS is also required to study and report on the best 
funding mechanism for FPS. Currently, FPS is funded by a 
collection of fees and security charges which have remained 
static in the face of evolving threats to Federal facilities. 
Federal agencies pay for security at individual buildings 
through these fees. Each building or facility has a Facility or 
Building Security Committee (FSCs). These committees are 
composed of designated staff of the federal agencies housed in 
the particular facility or building. The members of FSCs may or 
may not themselves have any security experience or background. 
In addition, the FSCs help facilitate the review and 
consideration by the tenant agencies of any security 
recommendations and assessments completed by FPS. Ultimately, 
it is the tenant agency that has the final decision in the 
amount and type of security at a given building or facility, 
not FPS. The Committee has found that Federal agencies have 
sometimes made security decisions based on the availability of 
funds in regional budgets rather than the actual security 
threat. FPS is expected to provide viable funding options that 
address this conflict of interest.

                   DEPARTMENT OF ENERGY HEADQUARTERS

    The existing Department of Energy (DOE) Forrestal Complex 
(Forrestal Complex) is significantly underutilized and at the 
same time sits on underdeveloped, valuable real estate in the 
Nation's capital. In addition, the current development is 
inconsistent with both federal and local development plans for 
that area. The value of the land can more than pay for costs 
associated with providing the DOE with a more efficient 
headquarters, produce income for the taxpayer, and allow for 
the redevelopment of the site consistent with federal and local 
development plans. While GSA currently has the authorities 
needed to move forward on this redevelopment, the provisions in 
H.R. 4487 would allow GSA to provide for a replacement 
headquarters using the proceeds from the sale of the relevant 
parcels. To ensure a return to the taxpayer, if GSA determines 
that the costs would exceed the income, GSA is directed to 
sell, in a timely manner, the underutilized parcels and deposit 
those net proceeds into the Federal Buildings Fund. In 
determining which parcels to sell, while the legislation makes 
reference to specific parcels, GSA is not restricted to only 
including those parcels within the Forrestal Complex listed in 
the legislation. In addition, underutilized parcels identified 
for sale should not be confined to those with buildings, 
including the two southern parcels on the Forrestal Complex 
that front Maryland Avenue and flank 10th Street.
    The Committee intends for GSA to organize disposition of 
its assets in a manner that promotes and facilitates their 
redevelopment consistent with adopted federal and local plans 
for the sector. For the Forrestal Complex and the surrounding 
sector, the adopted federal SW Ecodistrict Plan and 
complementary local plans call for reconfiguration of the 
existing urban pattern, consolidation of federal agency uses in 
more efficient buildings on a smaller footprint, disposition 
and reuse of excess and underutilized federal properties for 
private activity involving a mixture of use types, and 
introduction of new street and other public infrastructure in 
support of such reconfiguration. Of particular interest is the 
plan to reconstruct Maryland Avenue, now largely occupied by 
railroad use, as a multi-modal transportation corridor that 
would expand its capacity for freight and passenger rail while 
also providing decking above the railroad alignment for auto, 
pedestrian and other transportation modes. These improvements 
would not only benefit the immediately surrounding sector and 
District of Columbia, but have substantial benefit for the many 
states served by the rail corridor as well.
    It is also important for GSA to consult and coordinate with 
key local stakeholders so that dispositions facilitate 
activities to advance adopted plans. The Committee takes notice 
of the February 24, 2016 letter from District of Columbia Mayor 
Muriel Bowser to GSA Administrator Denise Roth in this regard. 
The requested coordination is consistent with the Committee's 
intent.

                            LACTATION ROOMS

    Section 15 of H.R. 4487 requires public buildings, where it 
is cost feasible, to provide designated private and hygienic 
lactation spaces for nursing mothers that are available to the 
public. This provision is intended cover buildings controlled 
by the General Services Administration Public Building Service, 
the Smithsonian, and the Architect of the Capitol. For years, 
federal agencies such as the U.S. Department of Agriculture and 
the Centers for Disease Control and Prevention have encouraged 
breastfeeding. Under current federal law, federal agencies are 
required to provide a designated, non-bathroom space for 
returning employees to pump breastmilk for their newborns, 
ensuring that new mothers are able to continue this essential 
practice even after returning to work. This section extends 
this requirement to include not just employees, but visitors 
and guests to federal facilities across the nation.
    In Washington, D.C. alone, there are millions of tourists 
who visit federal facilities. There are also visitors to 
federal agencies for meetings and events. Increasingly, 
families understand the unique benefits of breastfeeding, and 
visitors to these buildings who have newborns and babies should 
have a private space to breastfeed or pump. The benefits of 
breastfeeding are well-documented--breastmilk contains 
antibodies and hormones that boost babies' immune systems, and 
studies have shown lower risks of asthma, diabetes, respiratory 
infections, and other diseases among breastfed babies. 
Moreover, breastfeeding also has benefits for nursing mothers, 
who, research has shown, have lower risks of diabetes and 
certain forms of cancer.

                                Hearings

    The Subcommittee held five hearings and six roundtables in 
the 113th and 114th congresses focusing on subjects related to 
matters addressed in the legislation. These include the 
following:

                                HEARINGS

    ``Saving Taxpayer Dollars: Freezing the Federal Real Estate 
Footprint,'' held on May 22, 2013. The purpose of the hearing 
was to examine efforts by federal agencies to freeze and reduce 
their real estate footprint.
    ``Federal Triangle South: Redeveloping Underutilized 
Federal Property Through Public Private Partnerships,'' held on 
November 19, 2013. The purpose of the hearing was to examine 
Federal Triangle South in Washington, D.C. as a case study for 
redeveloping underutilized federal properties like the 
Forrestal Complex.
    ``Examining the Federal Protective Service: Are Federal 
Facilities Secure,'' held on May 21, 2014. The purpose of the 
hearing was to examine the Federal Protective Service and how 
to improve the security of federal facilities.
    ``GSA Tenant Agencies: Challenges and Opportunities in 
Reducing Costs of Leased Space,'' held on July 30, 2014. The 
purpose of the hearing was to examine GSA's leasing program, 
the real estate strategies of key tenant agencies, and the 
challenges and opportunities that exist to take advantage of 
the current real estate market and reduce costs to the 
taxpayer.
    ``Savings Taxpayer Dollars by Reducing Federal Office Space 
Costs,'' held on March 1, 2016. The purpose of the hearing was 
to examine and conduct oversight of major General Services 
Administration (GSA) construction projects funded or proposed 
to be funded from the GSA Federal Buildings Fund (FBF), other 
major projects planned, and GSA's authorities to carry out real 
estate transactions for the federal government.

                              ROUNDTABLES

    ``Benefits and Challenges of Public-Private Partnerships in 
Federal Real Estate,'' held on July 23, 2013. The purpose of 
the roundtable was to explore how Public-Private Partnerships 
(P3s) could be used to meet the real estate needs of federal 
agencies.
    ``Opportunities and Uses for Public Private Partnerships in 
Federal Real Estate,'' held on December 16, 2013. The purpose 
of the roundtable was to explore the opportunities and uses of 
public private partnerships in federal real estate.
    ``GSA Leasing Program: Examining Ways to Streamline and 
Reduce Costs,'' held on July 15, 2014. The purpose of the 
roundtable was to examine GSA's leasing program and the 
opportunities that exist to take advantage of the current real 
estate market and reduce costs to the taxpayer.
    ``Opportunities for Taxpayer Savings: Federally Leased 
Office Space in the National Capital Region,'' held on February 
11, 2015. The purpose of the roundtable was to examine the 
unusual number of leases expiring in the National Capital 
Region over the next five years, the status of replacement 
leases, and opportunities to reduce the amount of space and the 
costs to the taxpayer.
    ``Opportunities for Taxpayer Savings: Federally Leased 
Office Space in GSA's Southeast Region,'' held on March 16, 
2015. The purpose of the roundtable was to examine the unusual 
number of leases expiring in GSA's Southeast Region over the 
next five years, the status of replacement leases, and 
opportunities to reduce the amount of leased space and the 
costs to the taxpayer.
    ``Opportunities for Taxpayer Savings: Federally Leased 
Office Space in GSA's Northeast Region,'' held on June 23, 
2015. The purpose of the roundtable was to examine the unusual 
number of leases expiring in GSA's Northeast Region over the 
next five years, the status of replacement leases, and 
opportunities to reduce the amount of leased space and the 
costs to the taxpayer.

                 Legislative History and Consideration

    On February 8, 2016, Representative Lou Barletta (R-PA), 
along with Representatives Bill Shuster (R-PA), Peter A. 
DeFazio (D-OR), Andre Carson (D-IN), Eleanor Holmes Norton (D-
DC), and Jerrold Nadler (D-NY) introduced H.R. 4487, the Public 
Buildings Reform and Savings Act of 2016.
    On March 2, 2016, the Committee on Transportation and 
Infrastructure met in open session. The Committee considered 
several amendments to H.R. 4487. Three amendments were offered 
and adopted by voice vote, including amendments offered by 
Representatives Lou Barletta (R-PA), Rodney Davis (R-IL), and 
Eleanor Holmes Norton (D-DC). The Committee ordered the bill, 
as amended, reported favorably to the House by voice vote with 
a quorum present.

                            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. There were no record votes taken in connection 
with consideration of H.R. 4487, as amended.

                      Committee Oversight Findings

    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

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4487, as amended, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               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, a cost estimate 
provided by the Congressional Budget Office was not made 
available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    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 reduce 
costs of federal real estate and improve federal building 
security.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that no provision of H.R. 4487, 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.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that enacting H.R. 4487, as amended, does 
not direct the completion of a specific rule making within the 
meaning of section 551 of title 5, United States Code.

                       Federal Mandate Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        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 states that H.R. 4487, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of 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 Legislation, as Amended


Section 1. Short title

    Section 1 establishes the short title of this legislation 
as the ``Public Buildings Reform and Savings Act of 2016.''

Section 2. Streamlined leasing pilot program

    Section 2 establishes a pilot program through 2021 that 
simplifies GSA's leasing process for smaller dollar leases 
which account for 87% of all GSA leases and authorizes GSA to 
submit consolidated prospectuses for larger leases and other 
projects to the Committee for approval.

Section 3. Exchange authority

    Section 3 clarifies approval and oversight of GSA's use of 
its authority to acquire property through exchange.

Section 4. Federal Protective Service

    Section 4 improves building security and oversight of 
relevant authorities by tightening and clarifying FPS 
authorities, clarifying training and oversight requirements, 
and ensuring accountability on the use of FPS authorities.
    Among the changes made by Section 4, is the requirement to 
notify the Committee of any future delegations or designations 
of FPS's law enforcement and contracting authorities. The 
Committee intends this provision to be prospective; however, 
the Committee does expect DHS and FPS to continue to update the 
Committee on its review of the existing delegations and actions 
taken to reduce their number.

Section 5. Evaluation of the Federal Protective Service personnel needs

    Section 5 provides for an evaluation of the personnel 
requirements for the effective protection of federal 
facilities.

Section 6. Zero-Based space justification

    Section 6 requires GSA to justify any need for new or 
replacement space, including an explanation as to why such 
space could not be consolidated or co-located with other space 
and requires GSA to compare the costs of leasing versus 
constructing in evaluating the most cost-effective method of 
acquiring space.

Section 7. Eliminating project escalations

    Section 7 requires GSA to notify the Committee if project 
costs and scope change by more than five percent.

Section 8. Limitation on authorizations

    Section 8 sets a five-year expiration on Committee 
resolutions approving GSA prospectus-level (large) projects to 
ensure projects are initiated in a timely manner and to 
minimize the use of outdated information in GSA projects.

Section 9. Department of Energy (DOE) headquarters replacement

    Section 9 directs GSA to sell portions of the under-
utilized federal properties in Federal Triangle South in 
Washington, D.C. to replace the current headquarters 
facilities, or a portion thereof, of the Department of Energy 
with more efficient and more cost-effective space and allows 
GSA to use the proceeds of the sales for a new DOE headquarters 
so long as there are no net costs to the Government. In the 
event, there would be net costs, GSA is directed to sell, in a 
timely manner, available portions of the site (consistent with 
the federal SW Ecodistrict Plan and complementary local plans) 
and deposit the net proceeds into the Federal Buildings Fund.
    DOE currently is housed in inefficient buildings located on 
property that is under-developed. This Committee believes 
several hundred million dollars can be generated for the 
taxpayer by selling the property and using the proceeds to 
provide less costly and more efficient replacement space for 
the DOE.

Section 10. Limitation on discounted purchase options

    Section 10 limits GSA's authority with respect to 
discounted purchase options negotiated in leases by requiring 
explicit authorization before GSA can exercise such purchase 
options. The intent is to enable GSA to acquire a discounted 
purchase option at the time a lease is negotiated and when it 
is in the best interest of the taxpayer.

Section 11. Energy savings

    Section 11 encourages GSA to consider the direct bulk 
purchase of energy for leased facilities when cost effective to 
do so.

Section 12. Simplified reforms

    Section 12 clarifies requirements related to commercial 
leasing services by addressing the applicability of Section 863 
of Public Law 110-417 to no-cost contracts. This provision is 
limited to 5 years, until December 31, 2021. During this time 
period, the Committee authorizes the GAO to conduct a biennial 
audit of the broker contract to determine whether there are 
lower lease rental rates negotiated by contract personnel than 
those negotiated by GSA in-house personnel, as well as the 
impact of the program on the length of lease procurements. 
These are crucial questions for Congress and GSA to consider 
and they deserve the time and attention of senior management. 
Further, this section authorizes GAO to review whether the 
application of section 863 resulted in rental cost savings for 
the government during the years such section was applicable. 
This tool is an important consideration for policy and 
procedural questions in the implementation of a broker 
contract.
    This section directs the GAO to submit reports, due 
September 30, 2018 and September 30, 2020 summarizing the 
results of these audits and reviews, including an assessment of 
whether the broker contract provides greater efficiencies and 
savings, or whether GSA in-house personnel provides 
efficiencies and savings. Finally, the section calls for GAO to 
make recommendations for improving GSA lease procurements.
    Since the section has a set termination date of December 
31, 2021, GSA should begin making preparations to implement 
this section and for any audit and review parameters and 
procedures so that the full five years can be utilized. The 
Committee would expect GSA to commence preparations as soon as 
possible, in order to gather sufficient data for a definitive 
determination of any distinction between the methods of lease 
acquisition. GSA will need to compile data and information for 
the GAO studies to be consistent, accurate and reliable.

Section 13. National Capital Region rental rates

    Section 13 requires the GSA to provide a justification to 
the Committee on its use of three rental rate caps in the 
National Capital Region.

Section 14. Reduction of administrative requirements on certain 
        programs

    Section 14 reduces unnecessary administrative burdens on 
States and local governments involving certain economic 
development programs.

Section 15. Lactation room in public buildings

    Section 15 requires that lactation rooms be available for 
use by the public in certain public buildings where it is cost 
feasible. This provision covers buildings controlled by the 
General Services Administration Public Building Service, the 
Smithsonian, and the Architect of the Capitol.

Section 16. Use of reclaimed refrigerants

    Section 16 requires the Administrator of GSA to issue a 
report examining the feasibility of giving preferences to the 
use of reclaimed refrigerants to service existing equipment of 
Federal buildings.

         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, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 40, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

           *       *       *       *       *       *       *


CHAPTER 5--PROPERTY MANAGEMENT

           *       *       *       *       *       *       *


Subchapter V--OPERATION OF BUILDINGS AND RELATED ACTIVITIES

           *       *       *       *       *       *       *


Sec. 585. Lease agreements

  (a) In General.--
          (1) Authority.--The Administrator of General Services 
        may enter into a lease agreement with a person, 
        copartnership, corporation, or other public or private 
        entity for the accommodation of a federal agency in a 
        building (or improvement) which is in existence or 
        being erected by the lessor to accommodate the federal 
        agency. The Administrator may assign and reassign the 
        leased space to a federal agency.
          (2) Terms.--A lease agreement under this subsection 
        shall be on terms the Administrator considers to be in 
        the interest of the Federal Government and necessary 
        for the accommodation of the federal agency. However, 
        the lease agreement may not bind the Government for 
        more than 20 years and the obligation of amounts for a 
        lease under this subsection is limited to the current 
        fiscal year for which payments are due without regard 
        to section 1341(a)(1)(B) of title 31.
  (b) Sublease.--
          (1) Application.--This subsection applies to rent 
        received if the Administrator--
                  (A) determines that an unexpired portion of a 
                lease of space to the Government is surplus 
                property; and
                  (B) disposes of the property by sublease.
          (2) Use of rent.--Notwithstanding section 571(a) of 
        this title, the Administrator may deposit rent received 
        into the Federal Buildings Fund. The Administrator may 
        defray from the fund any costs necessary to provide 
        services to the Government's lessee and to pay the rent 
        (not otherwise provided for) on the lease of the space 
        to the Government.
  (c) Amounts for Rent Available for Lease of Buildings on 
Government Land.--Amounts made available to the General 
Services Administration for the payment of rent may be used to 
lease space, for a period of not more than 30 years, in 
buildings erected on land owned by the Government.
  (d) Any bargain-price option to purchase at less than fair 
market value contained in any lease agreement entered into on 
or after January 1, 2016, pursuant to this section may be 
exercised only to the extent specifically provided for in 
subsequent appropriation Acts or other Acts of Congress.

           *       *       *       *       *       *       *


CHAPTER 13--PUBLIC PROPERTY

           *       *       *       *       *       *       *


Sec. 1315. Law enforcement authority of Secretary of Homeland Security 
                    for protection of public property

  (a) In General.--To the extent provided for by transfers made 
pursuant to the Homeland Security Act of 2002, the Secretary of 
Homeland Security (in this section referred to as the 
``Secretary'') shall protect the buildings, grounds, and 
property that are owned, occupied, or secured by the Federal 
Government (including any agency, instrumentality, or wholly 
owned or mixed-ownership corporation thereof) and the persons 
on the property.
  (b) Officers and Agents.--
          (1) Designation.--The Secretary may designate 
        employees of the Department of Homeland Security, 
        including employees transferred to the Department from 
        the Office of the Federal Protective Service of the 
        General Services Administration pursuant to the 
        Homeland Security Act of 2002, as officers and agents 
        for duty in connection with the protection of property 
        owned or occupied by the Federal Government and persons 
        on the property, including duty in areas outside the 
        property to the extent necessary to protect the 
        property and persons on the property.
          (2) Powers.--While engaged in the performance of 
        official duties, an officer or agent designated under 
        this subsection may--
                  (A) enforce Federal laws and regulations for 
                the protection of persons and property;
                  (B) carry firearms;
                  (C) make arrests without a warrant for any 
                offense against the United States committed in 
                the presence of the officer or agent or for any 
                felony cognizable under the laws of the United 
                States if the officer or agent has reasonable 
                grounds to believe that the person to be 
                arrested has committed or is committing a 
                felony;
                  (D) serve warrants and subpoenas issued under 
                the authority of the United States; and
                  (E) conduct investigations, on and off the 
                property in question, of offenses that may have 
                been committed against property owned or 
                occupied by the Federal Government or persons 
                on the property[; and].
                  [(F) carry out such other activities for the 
                promotion of homeland security as the Secretary 
                may prescribe.]
          (3) Minimum training standards.--The Secretary, in 
        consultation with the Director of the Federal 
        Protective Service and in accordance with guidelines 
        issued by the Attorney General, shall establish minimum 
        and uniform training standards for any employee 
        designated as an officer or agent to carry out and 
        exercise authority pursuant to this section. Such 
        minimum standards shall include ongoing training 
        certified by the Director of the Federal Protective 
        Service.
          (4) Notification of designations and delegations.--
        The Secretary shall submit written notification of any 
        approved designations or delegations of any authority 
        provided under this section, including the purposes and 
        scope of such designations or delegations, not within 
        the Federal Protective Service, to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate, including the purpose for 
        such designations or delegations, oversight protocols 
        established to ensure compliance with any requirements, 
        including compliance with training requirements, and 
        other specifics regarding such designations and 
        delegations.
  (c) Regulations.--
          (1) In general.--The Secretary, in consultation with 
        the Administrator of General Services, may prescribe 
        regulations necessary for the protection and 
        administration of property owned or occupied by the 
        Federal Government and persons on the property. The 
        regulations may include reasonable penalties, within 
        the limits prescribed in paragraph (2), for violations 
        of the regulations. The regulations shall be posted and 
        remain posted in a conspicuous place on the property.
          (2) Penalties.--A person violating a regulation 
        prescribed under this subsection shall be fined under 
        title 18, United States Code, imprisoned for not more 
        than 30 days, or both.
  (d) Details.--
          (1) Requests of agencies.--On the request of the head 
        of a Federal agency having charge or control of 
        property owned or occupied by the Federal Government, 
        the Secretary may detail officers and agents designated 
        under this section for the protection of the property 
        and persons on the property.
          (2) Applicability of regulations.--The Secretary 
        may--
                  (A) extend to property referred to in 
                paragraph (1) the applicability of regulations 
                prescribed under this section and enforce the 
                regulations as provided in this section; or
                  (B) utilize the authority and regulations of 
                the requesting agency if agreed to in writing 
                by the agencies.
          (3) Facilities and services of other agencies.--When 
        the Secretary determines it to be economical and in the 
        public interest, the Secretary may utilize the 
        facilities and services of Federal, State, and local 
        law enforcement agencies, with the consent of the 
        agencies.
  (e) Authority Outside Federal Property.--For the protection 
of property owned or occupied by the Federal Government and 
persons on the property, the Secretary may enter into 
agreements with Federal agencies and with State and local 
governments to obtain authority for officers and agents 
designated under this section to enforce Federal laws and State 
and local laws concurrently with other Federal law enforcement 
officers and with State and local law enforcement officers.
  (f) Secretary and Attorney General Approval.--The powers 
granted to officers and agents designated under this section 
shall be exercised in accordance with guidelines approved by 
the Secretary and the Attorney General.
  (g) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to--
          (1) preclude or limit the authority of any Federal 
        law enforcement agency; or
          (2) restrict the authority of the Administrator of 
        General Services to promulgate regulations affecting 
        property under the Administrator's custody and control.
  (h) Contract Security Personnel.--
          (1) Authorities for contract security personnel.--
                  (A) Carrying of firearms.--The Secretary may 
                authorize contract security personnel engaged 
                in the protection of buildings and grounds that 
                are owned, occupied, or secured by the General 
                Services Administration Public Buildings 
                Service to carry firearms to carry out their 
                official duties.
                  (B) Detention without a warrant.--A person 
                authorized to carry a firearm under this 
                subsection may, while in the performance of, 
                and in connection with, official duties, detain 
                an individual without a warrant for any offense 
                against the United States committed in that 
                person's presence or for any felony cognizable 
                under the laws of the United States if that 
                person has reasonable grounds to believe that 
                the individual to be detained has committed or 
                is committing such felony. The detention 
                authority conferred by this paragraph is in 
                addition to any detention authority provided 
                under other laws.
          (2) Limitations.--The following limitations apply:
                  (A) Detention.--Contract security personnel 
                authorized to carry firearms under this section 
                may detain an individual only if the individual 
                to be detained is within, or in direct flight 
                from, the area of such offense.
                  (B) Enforcement of certain laws.--A person 
                granted authority to detain under this section 
                may exercise such authority only to enforce 
                laws regarding any building and grounds and all 
                property located in or on that building and 
                grounds that are owned, occupied, or secured by 
                the General Services Administration Public 
                Buildings Service.
          (3) Guidance.--The Secretary, with the approval of 
        the Attorney General, shall issue guidelines to 
        implement this section.

           *       *       *       *       *       *       *


SUBTITLE II--PUBLIC BUILDINGS AND WORKS

           *       *       *       *       *       *       *


PART A--GENERAL

           *       *       *       *       *       *       *


         CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

Sec.
3301. Definitions and nonapplication.
     * * * * * * *
3317. Lactation room in public buildings.

           *       *       *       *       *       *       *


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 
        (including by exchange) 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.
          (4) An appropriation for any costs and expenses 
        associated with administering an acquisition by 
        exchange involving real property or in-kind 
        consideration, including services, with a fair market 
        value of $2,850,000 or more.
  (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 including a cost comparison between 
        leasing space or constructing space;
          (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; [and]
          (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) with respect to any prospectus, including for 
        replacement space, lease renewal, or lease extension, 
        the Administrator shall include a justification for 
        such space, including an explanation of why such space 
        could not be consolidated or colocated into other owned 
        or leased space.
  (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) Expiration of Committee Resolutions.--Unless a lease is 
executed 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. This subsection shall only 
apply to resolutions approved after the date of enactment of 
this subsection.

           *       *       *       *       *       *       *


Sec. 3317. Lactation room in public buildings

  (a) Definitions.--In this section:
          (1) Appropriate authority.--The term ``appropriate 
        authority'' means the head of a Federal agency, the 
        Architect of the Capitol, or other official authority 
        responsible for the operation of a public building.
          (2) Covered public building.--The term ``covered 
        public building'' means a public building (as defined 
        in section 3301) that is open to the public and 
        contains a public restroom, and includes a building 
        listed in section 6301 or 5101.
          (3) Lactation room.--The term ``lactation room'' 
        means a hygienic place, other than a bathroom, that--
                  (A) is shielded from view;
                  (B) is free from intrusion; and
                  (C) contains a chair, a working surface, and, 
                if the public building is otherwise supplied 
                with electricity, an electrical outlet.
  (b) Lactation Room Required.--Except as provided in 
subsection (c), the appropriate authority of a covered public 
building shall ensure that the building contains a lactation 
room that is made available for use by members of the public to 
express breast milk.
  (c) Exceptions.--A covered public building may be excluded 
from the requirement in subsection (b) at the discretion of the 
appropriate authority if--
          (1) the public building--
                  (A) does not contain a lactation room for 
                employees who work in the building; and
                  (B) does not have a room that could be 
                repurposed as a lactation room or a space that 
                could be made private using portable materials, 
                at a reasonable cost; or
          (2) new construction would be required to create a 
        lactation room in the public building and the cost of 
        such construction is unfeasible.
  (d) No Unauthorized Entry.--Nothing in this section shall be 
construed to authorize an individual to enter a public building 
or portion thereof that the individual is not otherwise 
authorized to enter.

           *       *       *       *       *       *       *

                              ----------                              


           PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965



           *       *       *       *       *       *       *
                        TITLE VI--MISCELLANEOUS

SEC. 601. POWERS OF SECRETARY.

  (a) In General.--In carrying out the duties of the Secretary 
under this Act, the Secretary may--
          (1) adopt, alter, and use a seal, which shall be 
        judicially noticed;
          (2) subject to the civil service and classification 
        laws, select, employ, appoint, and fix the compensation 
        of such personnel as are necessary to carry out this 
        Act;
          (3) hold such hearings, sit and act at such times and 
        places, and take such testimony, as the Secretary 
        determines to be appropriate;
          (4) request directly, from any Federal agency, board, 
        commission, office, or independent establishment, such 
        information, suggestions, estimates, and statistics as 
        the Secretary determines to be necessary to carry out 
        this Act (and each Federal agency, board, commission, 
        office, or independent establishment may provide such 
        information, suggestions, estimates, and statistics 
        directly to the Secretary);
          (5) under regulations promulgated by the Secretary--
                  (A) assign or sell at public or private sale, 
                or otherwise dispose of for cash or credit, in 
                the Secretary's discretion and on such terms 
                and conditions and for such consideration as 
                the Secretary determines to be reasonable, any 
                evidence of debt, contract, claim, personal 
                property, or security assigned to or held by 
                the Secretary in connection with assistance 
                provided under this Act; and
                  (B) collect or compromise all obligations 
                assigned to or held by the Secretary in 
                connection with that assistance until such time 
                as the obligations are referred to the Attorney 
                General for suit or collection;
          (6) deal with, complete, renovate, improve, 
        modernize, insure, rent, or sell for cash or credit, on 
        such terms and conditions and for such consideration as 
        the Secretary determines to be reasonable, any real or 
        personal property conveyed to or otherwise acquired by 
        the Secretary in connection with assistance provided 
        under this Act;
          (7) pursue to final collection, by means of 
        compromise or other administrative action, before 
        referral to the Attorney General, all claims against 
        third parties assigned to the Secretary in connection 
        with assistance provided under this Act;
          (8) acquire, in any lawful manner, any property 
        (real, personal, or mixed, tangible or intangible), to 
        the extent appropriate in connection with assistance 
        provided under this Act;
          (9) in addition to any powers, functions, privileges, 
        and immunities otherwise vested in the Secretary, take 
        any action, including the procurement of the services 
        of attorneys by contract, determined by the Secretary 
        to be necessary or desirable in making, purchasing, 
        servicing, compromising, modifying, liquidating, or 
        otherwise administratively dealing with assets held in 
        connection with financial assistance provided under 
        this Act;
          (10)(A) employ experts and consultants or 
        organizations as authorized by section 3109 of title 5, 
        United States Code, except that contracts for such 
        employment may be renewed annually;
          (B) compensate individuals so employed, including 
        compensation for travel time; and
          (C) allow individuals so employed, while away from 
        their homes or regular places of business, travel 
        expenses, including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States 
        Code, for persons employed intermittently in the 
        Federal Government service;
          (11) establish performance measures for grants and 
        other assistance provided under this Act, and use the 
        performance measures to evaluate the economic impact of 
        economic development assistance programs under this 
        Act, which establishment and use of performance 
        measures shall be provided by the Secretary through--
                  (A) officers or employees of the Department;
                  (B) the employment of persons under contracts 
                entered into for such purposes; or
                  (C) grants to persons, using funds made 
                available to carry out this Act;
          (12) conduct environmental reviews and incur 
        necessary expenses to evaluate and monitor the 
        environmental impact of economic development assistance 
        provided and proposed to be provided under this Act, 
        including expenses associated with the representation 
        and defense of the actions of the Secretary relating to 
        the environmental impact of the assistance, using any 
        funds made available to carry out section 207;
          (13) sue and be sued in any court of record of a 
        State having general jurisdiction or in any United 
        States district court, except that no attachment, 
        injunction, garnishment, or other similar process, 
        mesne or final, shall be issued against the Secretary 
        or the property of the Secretary; and
          (14) establish such rules, regulations, and 
        procedures as the Secretary considers appropriate for 
        carrying out this Act.
  (b) Deficiency Judgments.--The authority under subsection 
(a)(7) to pursue claims shall include the authority to obtain 
deficiency judgments or otherwise pursue claims relating to 
mortgages assigned to the Secretary.
  (c) Inapplicability of Certain Other Requirements.--Section 
3709 of the Revised Statutes (41 U.S.C. 5) shall not apply to 
any contract of hazard insurance or to any purchase or contract 
for services or supplies on account of property obtained by the 
Secretary as a result of assistance provided under this Act if 
the premium for the insurance or the amount of the services or 
supplies does not exceed $1,000.
  (d) Property Interests.--
          (1) In general.--The powers of the Secretary under 
        this section, relating to property acquired by the 
        Secretary in connection with assistance provided under 
        this Act, shall extend to property interests of the 
        Secretary relating to projects approved under--
                  (A) this Act;
                  (B) title I of the Public Works Employment 
                Act of 1976 (42 U.S.C. 6701 et seq.);
                  (C) title II of the Trade Act of 1974 (19 
                U.S.C. 2251 et seq.); and
                  (D) the Community Emergency Drought Relief 
                Act of 1977 (42 U.S.C. 5184 note; Public Law 
                95-31).
          (2) Release.--
                  (A) In general.--The Secretary may release, 
                in whole or in part, any real property 
                interest, or tangible personal property 
                interest, in connection with a grant after the 
                date that is 20 years after the date on which 
                the grant was awarded.
                  (B) Revolving loan fund program.--The 
                Secretary may release, subject to terms and 
                conditions the Secretary determines 
                appropriate, the Federal Government's interest 
                in connection with a grant under section 209(d) 
                not less than 7 years after final disbursement 
                of the grant, if--
                          (i) the recipient has carried out the 
                        terms of the award in a satisfactory 
                        manner;
                          (ii) any proceeds realized from the 
                        release of the Federal Government's 
                        interest will be used for one or more 
                        activities that continue to carry out 
                        the economic development purposes of 
                        this Act; and
                          (iii) the recipient shall provide 
                        adequate assurance to the Secretary 
                        that at all times after release of the 
                        Federal Government's interest in 
                        connection with the grant, the 
                        recipient will be responsible for 
                        continued compliance with the 
                        requirements of section 602 in the same 
                        manner it was responsible prior to 
                        release of the Federal Government's 
                        interest and that the recipient's 
                        failure to comply shall result in the 
                        Secretary taking appropriate action, 
                        including, but not limited to, 
                        rescission of the release and recovery 
                        of the Federal share of the grant.
  (e) Powers of Conveyance and Execution.--The power to convey 
and to execute, in the name of the Secretary, deeds of 
conveyance, deeds of release, assignments and satisfactions of 
mortgages, and any other written instrument relating to real or 
personal property or any interest in such property acquired by 
the Secretary under this Act may be exercised by the Secretary, 
or by any officer or agent appointed by the Secretary for that 
purpose, without the execution of any express delegation of 
power or power of attorney.

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