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116th Congress    }                                          {     Report
                           HOUSE OF REPRESENTATIVES
 1st Session      }                                          {    116-147

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



 
         TRANSPARENCY IN FEDERAL BUILDINGS PROJECTS ACT OF 2019

                                _______
                                

 July 11, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2502]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2502) to amend title 40, United 
States Code, to require certain prospectuses for public 
buildings to be made publicly available, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

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

                         Purpose of Legislation

    The purpose of H.R. 2502, the Transparency in Federal 
Buildings Projects Act of 2019, is to require the General 
Services Administration (GSA) to publish on its website all 
prospectuses for leasing, design, or construction activities 
which the GSA--pursuant to Chapter 33 of Title 40, United 
States Code sections 3307 and 3316--has submitted to the U.S. 
House of Representatives Committee on Transportation and 
Infrastructure and the U.S. Senate Committee on Environment and 
Public Works.

                  Background and Need for Legislation

    H.R. 2502, the Transparency in Federal Buildings Projects 
Act of 2019, requires the General Services Administration (GSA) 
to publish on its website all prospectuses for leasing, design, 
or construction activities. While GSA does publish some of this 
material on its website, the information is difficult to access 
and not updated regularly. The legislation requires the 
Administrator of General Services to maintain the information 
for no less than ten years in a readable, accessible, and 
searchable format. The information must also be updated 
quarterly. The legislation also requires GSA to maintain copies 
and approval dates of Committee resolutions, as appropriate, 
approving the respective projects. This legislation will result 
in greater transparency with respect to information regarding 
projects exceeding the prospectus threshold pursuant to Chapter 
33 of Title 40 and make such projects more accountable to the 
public and to oversight.

                                Hearings

    No hearings were held on H.R. 2502 in the 116th Congress.

                 Legislative History and Consideration

    H.R. 2502 was introduced in the House on May 2, 2019, by 
Mr. Gary Palmer, and referred to the Committee on 
Transportation and Infrastructure. Within the Committee, H.R. 
2502 was referred to the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management.
    On May 8, 2019, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management was discharged from 
further consideration of H.R. 2502.
    The Full Committee met in open session to consider H.R. 
2502 on May 8, 2019, and ordered the measure to be reported 
favorably to the House, without amendment, 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 recorded votes taken in connection with 
consideration of H.R. 2502.

                      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

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

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 2502 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 16, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2502, the 
Transparency in Federal Buildings Projects Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

    
    

    H.R. 2502 would require the General Services Administration 
(GSA) to make available to the public all prospectus documents 
for the lease, design, construction, or other actions related 
to federal facilities that have been submitted to the Congress. 
The GSA website already provides much of this information and 
CBO estimates that any administrative costs associated with 
providing additional information would total less than $500,000 
over the 2020-2024 period. Any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to amend 
title 40, United States Code, to require certain prospectuses 
for public buildings to be made publicly available, and for 
other purposes.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 2502 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 2502 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 were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Transparency in Federal Buildings Projects Act of 2019''.

Sec. 2. Public availability of building project information

    This section amends Chapter 33 of Title 40, United States 
Code, by adding a new section which requires the Administrator 
of General Services--180 days after the date of enactment of 
this section--to make publicly available on a subpage of the 
website of the General Services Administration all prospectuses 
submitted pursuant to sections 3307 and 3316, in an easily 
accessible and readable, organized, downloadable, and 
searchable format. The information is to be updated quarterly, 
kept for ten years, and must include approval dates of 
respective authorizing resolutions by each committee of 
jurisdiction, if applicable, and cross-references to any 
resubmitted or amended prospectuses and associated resolutions.

         Changes in Existing Law Made by the Bill, as Reported

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

                      TITLE 40, UNITED STATES CODE




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

           *       *       *       *       *       *       *


PART A--GENERAL

           *       *       *       *       *       *       *


         CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION


Sec.
3301. Definitions and nonapplication.
     * * * * * * *
3318. Availability of Federal building project information.

           *       *       *       *       *       *       *


SEC. 3318. AVAILABILITY OF FEDERAL BUILDING PROJECT INFORMATION.

  (a) In General.--Not later than 180 days after the date of 
enactment of this section, and, at a minimum, on a quarterly 
basis thereafter, the Administrator shall make publicly 
available on a subpage of the website of the General Services 
Administration all prospectuses submitted pursuant to sections 
3307 and 3316, and associated information subject to the 
following requirements:
          (1) The Administrator shall maintain such information 
        in an easily accessible and readable, organized, 
        downloadable, and searchable format.
          (2) The Administrator shall ensure the information is 
        current and prospectuses and associated information 
        updated on a regular basis.
          (3) The information required under this section shall 
        be inclusive for a period of not less than 10 years.
          (4) The information shall include--
                  (A) the last date on which the relevant 
                webpage was updated;
                  (B) approval dates of respective authorizing 
                resolutions by each committee of jurisdiction, 
                if applicable;
                  (C) copies of respective committee of 
                jurisdiction resolutions authorizing such 
                prospectuses, as appropriate;
                  (D) cross-references to any resubmitted or 
                amended prospectuses and associated 
                resolutions; and
                  (E) such other information as determined by 
                the Administrator.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Prospectus.--The term ``prospectus'' means 
        prospectuses, building surveys, and factsheets 
        submitted to the committees of jurisdiction pursuant to 
        sections 3307 and 3316.
          (2) Committees of jurisdiction.--The term 
        ``committees of jurisdiction'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate.
          (3) Associated information.--The term ``associated 
        information'' means resolutions approved by the 
        committees of jurisdiction and other information as 
        required pursuant to subsection (a).