H.R. 4487 — what changed
Public Buildings Reform and Savings Act of 2016
From Reported in House to Engrossed in House. 5 sections amended and 1 added between Reported in House and Engrossed in House.
Sec. 2 Streamlined Leasing Pilot Program
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.
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.
Goals of procedures— The goals of the alternative procedures are—
reducing the costs to the Federal Government of leased space, including—
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;
improving office space utilization rates of Federal tenants; and
streamlining and simplifying the leasing process to take advantage of real estate markets; and
significantly reducing or eliminating the backlog of expiring leases over the next 5 years.
Leasehold interests in real property—
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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.
Acquisition threshold— For purposes of this section, the simplified lease acquisition threshold is $500,000.
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:
Cost per square footage— The cost per square footage does not exceed the maximum proposed rental rate designated for the respective geographical area.
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.
Lease term— The lease term, including the firm term, is not less than 10 years.
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.
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Consolidations generally— The Administrator may consolidate more than 1 one 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.
Waiver authority— The Administrator may—
waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to implement this section expeditiously; and
carry out the alternative procedures under this section as a pilot program.
Reports—
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—
an average of the lease terms, including firm terms, for leases executed; and
the percentage of leases managed in-house or through the use of commercial real estate leasing services.
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 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;
recommendations on any permanent changes to the General Services Administration’s leasing authority; and
a progress evaluation in meeting the goals described in subsection (c).
Termination— The authorities under this section shall terminate on December 31, 2021.
Sec. 9 Department of Energy Headquarters Replacement
Sale of Certain property—
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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.
Definitions— For purposes of this section, the following definitions apply:
Department of energy forrestal complex— The term “Forrestal Complex” means the land, including the buildings and other improvements thereon, that—
subject to survey and as determined by the Administrator, is—
located in the District of Columbia;
generally bounded by Independence Avenue, Southwest, 12th Street, Southwest, Maryland Avenue, Southwest, and 9th Street, Southwest; and
generally consisting of Squares 351–N, 351, 383, 384, and 385 and portions of Squares 325 and 352; and
is under the jurisdiction and control of the General Services Administration.
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.
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.
Certain prohibitions— The Administrator shall not lease a new Department of Energy headquarters or engage in a leaseback of the current headquarters.
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.
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. 11 Energy Savings
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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. 13 National Capital Region Rental Rates
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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 three 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. 15 Lactation room in public buildings
Lactation room in public buildings— Chapter 33 of title 40, United States Code, is amended by adding at the end the following new section:
“3317. Lactation room in public buildings
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“(a) Definitions—In this section:section the following definitions apply:
“(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.”
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:
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Effective date— The amendments made by this section shall take effect one 1 year after the date of the enactment of this Act.
Sec. 17 Sales and savings
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Definition— In this section, the term “property” means the following:
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The property located in the District of Columbia, subject to survey and as determined by the Administrator of General Services, generally consisting of Squares 325 and 326 and a portion of Square 351 and generally bounded by 12th Street, Independence Avenue, C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, including all associated air rights, improvements thereon, and appurtenances thereto.
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The property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Square 326 south of C Street, including the building known as the Cotton Annex.
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Sale— Not later than December 31, 2018, the Administrator shall sell the property at fair market value at highest and best use.
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Net proceeds— Any net proceeds of a sale under subsection (b) 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 be expended only subject to a specific future appropriation.