Performance-Based Public Buildings Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1940 To establish a public buildings public-private partnership pilot program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 16, 2021 Mr. PENCE (for himself, Mr. WEBSTER of Florida, and Mr. GUEST) intro- duced the following bill; which was referred to the Committee on Trans- portation and Infrastructure A BILL To establish a public buildings public-private partnership pilot program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Performance-Based 4 Public Buildings Act of 2021’’. 5 SEC. 2. PUBLIC BUILDINGS PUBLIC-PRIVATE PARTNERSHIP 6 PILOT PROGRAM. 7 (a) IN GENERAL.—Chapter 33 of title 40, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 VerDate Sep 11 2014 20:45 May 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1940.IH H1940 2 •HR 1940 IH ‘‘§ 3319. Public buildings public-private partnership 1 pilot program 2 ‘‘(a) ESTABLISHMENT.—The Administrator shall 3 carry out a pilot program to enter into public-private part- 4 nerships to acquire public buildings pursuant to the re- 5 quirements of this section. 6 ‘‘(b) IDENTIFICATION OF PROJECTS.—Not later than 7 1 year after the date of enactment of this section, the Ad- 8 ministrator shall identify not less than 5 and not more 9 than 10 projects for acquiring space for the purposes of 10 public buildings using public-private partnerships. 11 ‘‘(c) SUBMISSION OF PLAN AND PROSPECTUSES.— 12 Not later than 2 years after the date of enactment of this 13 section, the Administrator shall submit to the Committee 14 on Transportation and Infrastructure of the House of 15 Representatives and the Committee on Environment and 16 Public Works of the Senate— 17 ‘‘(1) prospectuses, in accordance with section 18 3307 of title 40, United States Code, for each 19 project identified under subsection (b); and 20 ‘‘(2) an execution and management plan detail- 21 ing how each project will be managed, project team 22 timelines for each project, and, notwithstanding sub- 23 section (d), recommendations on commencement 24 dates based on ensuring proper staffing, resources, 25 and management. 26 VerDate Sep 11 2014 05:00 May 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1940.IH H1940 3 •HR 1940 IH ‘‘(d) COMMENCEMENT.—Subject to the availability of 1 appropriations, a project submitted under subsection (c) 2 that is authorized pursuant to section 3307 shall com- 3 mence not later than 1 year after the date on which such 4 authorization occurs, unless otherwise indicated in the re- 5 spective committee resolution authorizing the project. 6 ‘‘(e) EXPERTS AND CONSULTANTS.— 7 ‘‘(1) GSA PERSONNEL.—In carrying out the 8 pilot program the Administrator shall identify and 9 use General Services Administration personnel with 10 knowledge and experience in complex real estate 11 transactions. 12 ‘‘(2) CONTRACTED SERVICES.—The Adminis- 13 trator shall, to the extent practicable and subject to 14 appropriations Acts, use contracts, including non- 15 appropriated contracts, for services necessary to 16 carry out this section. 17 ‘‘(f) COMPLIANCE WITH BUDGETARY RULES.—For 18 budgetary scorekeeping purposes, a project carried out 19 under this section shall be treated in a manner consistent 20 with the requirements for scoring a leaseback from a pub- 21 lic-private partnership under Appendix B of Circular A– 22 11 of the Office of Management and Budget, as of the 23 date of enactment of this section. 24 VerDate Sep 11 2014 05:00 May 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1940.IH H1940 4 •HR 1940 IH ‘‘(g) GAO STUDY.—Not later than 1 year after the 1 occupancy of projects authorized under this section, the 2 Comptroller General of the United States shall conduct 3 a review of such projects and submit to the Committee 4 on Transportation and Infrastructure of the House of 5 Representatives and the Committee on Environment and 6 Public Works of the Senate a report that includes— 7 ‘‘(1) a review and evaluation of the public-pri- 8 vate partnerships executed under this section and a 9 comparison of such agreements to similar projects 10 completed as Government construction, including a 11 comparison of timetables and costs; and 12 ‘‘(2) any recommendations on the use of public- 13 private partnerships as options for meeting Federal 14 Government space needs. 15 ‘‘(h) DEFINITIONS.—In this section, the following 16 definitions apply: 17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- 18 trator’ means the Administrator of General Services. 19 ‘‘(2) PUBLIC BUILDING.—The term ‘public 20 building’ has the meaning given the term in section 21 3301. 22 ‘‘(3) PERFORMANCE-BASED MANAGEMENT AND 23 OPERATIONS AGREEMENT.—The term ‘performance- 24 VerDate Sep 11 2014 05:00 May 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1940.IH H1940 5 •HR 1940 IH based management and operations agreement’ 1 means an agreement that— 2 ‘‘(A) reflects an obligation by the non-Fed- 3 eral entity to design, build, finance, deliver, op- 4 erate and maintain an asset; 5 ‘‘(B) requires the non-Federal entity to 6 provide the General Services Administration a 7 single point of responsibility and obligation; 8 ‘‘(C) stipulates all requirements of the 9 General Services Administration and contains 10 the terms and conditions for annual perform- 11 ance-based availability payments in accordance 12 with the non-Federal entity meeting or exceed- 13 ing those requirements; 14 ‘‘(D) stipulates the terms and conditions 15 for reductions of any or all availability pay- 16 ments to the non-Federal entity for any given 17 period the asset is unavailable to the Govern- 18 ment or otherwise not delivered, operated, or 19 maintained in accordance with the requirements 20 included in the agreement; and 21 ‘‘(E) stipulates the terms and conditions 22 for termination and includes no obligation on 23 the part of the Government to renew any suc- 24 VerDate Sep 11 2014 05:00 May 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1940.IH H1940 6 •HR 1940 IH cessive leases that may be included in such 1 project. 2 ‘‘(4) PUBLIC-PRIVATE PARTNERSHIP.—The 3 term ‘public-private partnership’ means a real prop- 4 erty agreement for the purposes of providing office 5 space for the Federal Government that meets the 6 following criteria: 7 ‘‘(A) The agreement includes a ground- 8 lease to a non-Federal party with a subsequent 9 lease back of the improvements. 10 ‘‘(B) The entity that is the lessor of the 11 leaseback of improvements is entirely non-Fed- 12 eral. 13 ‘‘(C) The leaseback meets the criteria for 14 an operating lease under Appendix B of Cir- 15 cular A–11 of the Office of Management and 16 Budget, as of the date of enactment of this sec- 17 tion. 18 ‘‘(D) The project shall, to the extent prac- 19 ticable, be operated and maintained by the non- 20 Federal entity subject to a performance-based 21 management and operations agreement entered 22 into between the entity and the Adminis- 23 trator.’’. 24 VerDate Sep 11 2014 05:00 May 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1940.IH H1940 7 •HR 1940 IH (b) TECHNICAL AND CONFORMING AMENDMENT.— 1 The table of sections at the beginning of chapter 33 of 2 title 40, United States Code, is amended by adding at the 3 end the following: 4 ‘‘3319. Public buildings public-private partnership pilot program.’’. Æ VerDate Sep 11 2014 05:00 May 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1940.IH H1940