[House Report 116-147]
[From the U.S. Government Publishing Office]
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).