40 U.S.C. § 3307 — Congressional approval of proposed projects

(a) Resolutions required before appropriations. The Senate Environment and Public Works Committee and House Transportation and Infrastructure Committee must adopt resolutions approving the purpose before an appropriation may be made for: (1) constructing, altering, or acquiring a public building^* with total cost above $1,500,000, subject to section 3305(b), to ensure equitable distribution with regard to comparative urgency; (2) leasing space for public purposes at an average annual rent above $1,500,000; or (3) altering a building or part of one leased by the Federal Government for public purposes when the alteration will cost more than $750,000.

(b) Prospectus sent to Congress. To obtain approval, the Administrator of General Services must send Congress a prospectus containing: (1) a brief description of the building or leased space; (2) its location and the Government’s maximum estimated cost; (3) a comprehensive plan for space for all Government officers and employees in the area, considering suitable existing Government-owned or occupied space, especially buildings that improve the area’s architectural, historical, social, cultural, or economic environment; (4) for construction, alteration, or acquisition, the Administrator’s statement that suitable Government-owned space is unavailable and suitable rental space is unavailable at a comparable price; (5) economic and other reasons for not acquiring a building identified under section 3303(c) as suitable; (6) current rent and other housing costs for agencies to be housed there; (7) estimated future energy performance and a specific description of energy-efficient and renewable systems, including photovoltaic systems; (8) how the project follows standards under the Federal Assets Sale and Transfer Act of 2016; (9) information about the relevant agency’s area space, including uses, utilization rates, proposed consolidations, and reasons for not consolidating; (10) whether the proposed leased space’s needs were formerly met by a federally owned building, including one identified for disposal or sale; and (11) actual utilization details, including assigned personnel, expected in-person personnel, and whether the numbers are filled and authorized positions.

(c) Increase in estimated maximum cost. An approved project’s prospectus maximum cost may increase by the construction or alteration cost percentage increase determined by the Administrator since transmission, but not by more than 10 percent. The Administrator must notify both committees in writing of an increase above 5 percent or a scope or size increase or decrease of at least 5 percent, with an explanation. Scope or size may not change by more than 10 percent unless an amended prospectus is submitted and approved under this section.

(d) Rescission. If no appropriation is made within one year after approval, either committee may rescind its approval by resolution before an appropriation is made.

(e) Emergency leases. This section does not prevent emergency leases during a presidentially declared period requiring emergency leasing authority. Such a lease may not last more than 180 days without prospectus approval under subsection (a).

(f) Leased-space performance. For leased space, the Administrator must include, as far as practicable, minimum energy-efficiency and renewable-energy requirements.

(g) Limits on certain leased space. (1) The Administrator may not lease space costing more than $1,500,000 in average rent to house (A) computer or telecommunications operations; (B) secure or sensitive national-defense or security activities, unless locating them in a Government-identified public building or other facility would be inappropriate; or (C) a permanent courtroom, judicial chamber, or administrative office of a United States^* court. (2) The Administrator may do so if the Administrator decides in writing that the space is necessary for requirements that public buildings cannot meet and submits the reasons to both committees.

(h) Dollar adjustment. Each year the Administrator may adjust dollar amounts in this section for the prior year’s construction-cost percentage increase or decrease shown by the Commerce Department’s composite construction-cost index. The adjustment must be promptly reported to both committees.

(i) Required notices. For each approved project, the Administrator must notify both committees in writing of completed milestones, including (1) soliciting and awarding design and construction services; (2) completing actions required by the National Environmental Policy Act; (3) ceremonies beginning or completing the project; (4) a naming ceremony; and (5) project completion.

(j) Expiration of committee resolutions. (1) Unless a lease is awarded or a construction, alteration, repair, design, or acquisition project begins within 5 years after both committees approve it under subsection (a), the resolutions expire. (2) This applies only to resolutions approved after this subsection was enacted.