IB 

Union Calendar No. 493 

113TH CONGRESS 

2D SESSION H. R. 2612 

[Report No. 113–656] 

To amend title 40, United States Code, to improve the functioning and 

management of the Public Buildings Service. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2013 

Mr. BARLETTA (for himself, Ms. NORTON, Mr. SHUSTER, and Mr. RAHALL) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

DECEMBER 11, 2014 

Additional sponsor: Mr. WILLIAMS

DECEMBER 11, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To amend title 40, United States Code, to improve the 

functioning and management of the Public Buildings Service. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Buildings Sav5 ings and Reform Act of 2013’’. 

6 SEC. 2. REQUIRED OFFSETS FOR NEW SPACE. 

7 (a) OFFSETS AND FREEZE OF SPACE INVENTORY.— 

8 Chapter 33 of title 40, United States Code, is amended 

9 by adding at the end the following: 

10 ‘‘§ 3317. Offsets and freeze of space inventory 

11 ‘‘(a) INFORMATION IN PROSPECTUS.—Any pro12 spectus that proposes new space, whether leased or owned, 

13 transmitted pursuant to section 3307(b) for each of fiscal 

14 years 2014, 2015, 2016, and 2017 shall contain informa15 tion outlining the details of the elimination of at least a 

16 corresponding amount of space. 

17 ‘‘(b) FREEZING THE REAL ESTATE FOOTPRINT.— 

18 On an annual basis, the Administrator shall not increase 

19 the size or amount of its real property inventory, leased 

20 or owned, as compared to its fiscal year 2012 real property 

21 baseline, except in those years in which space offsets have 

22 been specifically identified or for emergency or national 

23 security purposes as determined by the President.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for such 

25 chapter is amended by adding at the end the following: 

‘‘3317. Offsets and freeze of space inventory.’’. 


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1 SEC. 3. MINIMIZING COSTS OF LEASED SPACE. 

2 (a) DEFINITIONS.—Section 3301(a) of title 40, 

3 United States Code, is amended— 

4 (1) by redesignating paragraphs (5) and (6) as 

5 paragraphs (6) and (7), respectively; and 

6 (2) by inserting after paragraph (4) the fol7 lowing: 

8 ‘‘(5) MAXIMUM RENTAL RATE.—The term 

9 ‘maximum rental rate’ means the maximum rate, by 

10 rentable square feet estimated by the Administrator 

11 of General Services for the leasing of commercial 

12 space for purposes of a public building in a given 

13 geographical location.’’. 

14 (b) RESTRICTIONS ON BELOW-PROSPECTUS

15 PROJECTS.—Section 3307(g) of title 40, United States 

16 Code, is amended by adding at the end the following: 

17 ‘‘(3) RESTRICTION ON BELOW-PROSPECTUS

18 LEVEL.— 

19 ‘‘(A) RESTRICTION ON RENTAL RATE.— 

20 The Administrator may not lease space at an 

21 amount below the average annual rental rate 

22 thresholds established pursuant to subsections 

23 (a) and (h) and that exceeds the maximum 

24 rental rate established by the Administrator for 

25 the respective geographical location, unless the 

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1 ture of the House of Representatives and the 

2 Committee on Environment and Public Works 

3 of the Senate are notified by the Administrator 

4 in writing at least 10 days before the execution 

5 of such lease. 

6 ‘‘(B) ANNUAL REPORTS.—The Adminis7 trator shall submit, on an annual basis, to the 

8 Committee on Transportation and Infrastruc9 ture of the House of Representatives and the 

10 Committee on Environment and Public Works 

11 of the Senate a report detailing the maximum 

12 rental rates established by the Administrator by 

13 geographical location. 

14 ‘‘(4) RESTRICTION ON OTHER BELOW-PRO15 SPECTUS LEVEL PROJECTS.—Not less than 30 days 

16 before entering into any lease-construction agree17 ment, regardless of the threshold amounts estab18 lished pursuant to subsections (a) and (h), the Ad19 ministrator shall notify the Committee on Transpor20 tation and Infrastructure of the House of Represent21 atives and the Committee on Environment and Pub22 lic Works of the Senate, in writing, of the intention 

23 to enter into such agreement and include in the noti24 fication details of the project and any associated in25 formation.’’. 


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1 SEC. 4. REPORTS ON LEASES. 

2 (a) REPORTS ON LEASES.—Chapter 33 of title 40, 

3 United States Code, as amended by this Act, is further 

4 amended by adding at the end the following: 

5 ‘‘§ 3318. Reports on leases 

6 ‘‘Not later than December 31 of each year, the Ad7 ministrator of General Services shall submit a list to the 

8 Committee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on Environ10 ment and Public Works of the Senate of all leases, includ11 ing lease-construction agreements, entered into by the 

12 General Services Administration for the previous fiscal 

13 year. For each lease, the list shall detail the size of the 

14 space, location, tenant agency or agencies, total annual 

15 rental rate, and the authorized annual rental if such rental 

16 rate exceeds the annual threshold amounts set forth in 

17 section 3307.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for such 

19 chapter, as amended by this Act, is further amended by 

20 adding at the end the following: 

‘‘3318. Reports on leases.’’. 

21 SEC. 5. ZERO-BASED SPACE JUSTIFICATION. 

22 Section 3307(b) of title 40, United States Code, is 

23 amended— 

24 (1) in paragraph (6) by striking ‘‘and’’ at the 

25 end; 


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1 (2) in paragraph (7) by striking the period and 

2 inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(8) with respect to any prospectus, including 

5 for replacement space, lease renewal, or lease exten6 sion, the Administrator shall include a justification 

7 for such space, including an explanation of why such 

8 space could not be consolidated or co-located into 

9 other owned or leased space.’’. 

10 SEC. 6. REDUCING COSTS RELATED TO COURTHOUSES. 

11 (a) REDUCING COSTS RELATED TO COURT12 HOUSES.—Chapter 33 of title 40, United States Code, as 

13 amended by this Act, is further amended by adding at the 

14 end the following: 

15 ‘‘§ 3319. Reducing costs related to courthouses 

16 ‘‘(a) LIMITATION ON NEW COURTHOUSES.—The Ad17 ministrator of General Services may not commence con18 struction of any new courthouse if— 

19 ‘‘(1) construction has not begun on or before 

20 the date of enactment of this section; and 

21 ‘‘(2) the design and construction of the new 

22 courthouse fails to comply, at a minimum, with the 

23 courtroom sharing requirements described in sub24 section (b). 


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1 ‘‘(b) COURTROOM SHARING REQUIREMENTS DE2 FINED.—The term ‘courtroom sharing requirements’ 

3 means— 

4 ‘‘(1) in courthouses with 10 or more active dis5 trict judges, 2 courtrooms per 3 active district 

6 judges, except such courthouses may contain not less 

7 than 9 courtrooms for active district judges; 

8 ‘‘(2) in courthouses with 3 or more bankruptcy 

9 judges, 1 courtroom per 2 bankruptcy judges; 

10 ‘‘(3) in courthouses with 3 or more senior dis11 trict judges, 1 courtroom per 2 senior district 

12 judges; and 

13 ‘‘(4) in courthouses with 3 or more magistrate 

14 judges, 1 courtroom per 2 magistrate judges. 

15 ‘‘(c) UNITED STATES COURTS DESIGN GUIDE.—Not 

16 later than 180 days after the date of enactment of this 

17 section, the Design Guide for courthouses shall be updated 

18 to incorporate courtroom sharing requirements to the 

19 maximum extent practicable. 

20 ‘‘(d) UTILIZATION.—If a new courthouse will add ca21 pacity in the inventory of the General Services Adminis22 tration, existing space in the same courthouse complex 

23 must be fully utilized or relinquished from the inventory 

24 of the General Services Administration.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter, as amended by this Act, is further amended by 

3 adding at the end the following: 

‘‘3319. Reducing costs related to courthouses.’’. 

4 SEC. 7. INSPECTOR GENERAL REVIEW. 

5 The Inspector General of the General Services Ad6 ministration shall review the Public Buildings Service’s in7 ternship program, recent graduate program, and any simi8 lar program and report to the Committee on Transpor9 tation and Infrastructure of the House of Representatives 

10 and the Committee on Environment and Public Works of 

11 the Senate on the following: 

12 (1) The costs associated with each program. 

13 (2) Value added to the Public Buildings Service 

14 by the programs. 

15 (3) Recommendations on improving the pro16 grams. 

17 (4) Compliance with Federal hiring laws, prac18 tices, and standards. 

19 SEC. 8. BONUSES AND CONFERENCES. 

20 (a) MORATORIUM ON BONUSES.—Section 592 of title 

21 40, United States Code, is amended by adding at the end 

22 the following: 

23 ‘‘(g) MORATORIUM ON BONUSES.—No funds in the 

24 Federal Buildings Fund may be available for bonuses, per25 formance awards, or similar expenditures for a member 


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1 of the Senior Executive Service, until the Administrator 

2 of General Services submits a report to the Committee on 

3 Transportation and Infrastructure of the House of Rep4 resentatives and the Committee on Environment and Pub5 lic Works of the Senate detailing— 

6 ‘‘(1) the findings and conclusions of a review of 

7 the Public Building Service’s system of awarding bo8 nuses and performance awards; 

9 ‘‘(2) actions to be taken by the Administrator 

10 to improve the system and ensure efficiency and ef11 fectiveness; and 

12 ‘‘(3) a description of how the actions identified 

13 will resolve any inefficiencies identified.’’. 

14 (b) RESTRICTIONS ON CONFERENCES AND TRAV15 EL.—Chapter 33 of title 40, United States Code, as 

16 amended by this Act, is further amended by adding at the 

17 end the following: 

18 ‘‘§ 3320. Restrictions on conferences and travel 

19 ‘‘(a) REPORTS REGARDING CONFERENCES.—Not 

20 later than the end of each fiscal year, the Administrator 

21 of General Services shall submit to the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives and the Committee on Environment and Pub24 lic Works of the Senate a report on conferences proposed 

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1 quent fiscal year. The report shall include the following 

2 for each proposed conference: 

3 ‘‘(1) The purpose of the conference. 

4 ‘‘(2) A detailed budget for the conference, in5 cluding related travel, lodging, and per diem costs. 

6 ‘‘(3) The expected number of participants, in7 cluding from the Public Buildings Service. 

8 ‘‘(4) The location and length of the conference. 

9 ‘‘(5) Any expected non-Federal funding or 

10 sponsorships. 

11 ‘‘(b) CONFERENCE REVIEW.—Not later than 60 days 

12 after each fiscal year, the Administrator shall submit a 

13 report to the congressional committees identified in sub14 section (a) including the following: 

15 ‘‘(1) The actual expenditures and costs of each 

16 conference and a comparison to the budget sub17 mitted pursuant to subsection (a). 

18 ‘‘(2) The actual number of participants of the 

19 Public Buildings Service in each conference and as20 sociated travel, lodging, and per diem costs. 

21 ‘‘(3) An agenda of each conference program22 ming and events.’’. 

23 (c) CLERICAL AMENDMENT.—The analysis for such 

24 chapter, as amended by this Act, is further amended by 

25 adding at the end the following: 

‘‘3320. Restrictions on conferences and travel.’’. 


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1 SEC. 9. ADMINISTRATIVE COSTS SPECIFIED. 

2 (a) ADMINISTRATIVE COSTS SPECIFIED.—Section 

3 592(c) of title 40, United States Code, is amended by add4 ing at the end the following: 

5 ‘‘(5) EXCEPTION FOR ADMINISTRATIVE EX6 PENSES.—Notwithstanding paragraph (1), deposits 

7 in the Fund may not be used for administrative ex8 penses of the Public Buildings Service unless an 

9 amount specified for such expenses is specifically au10 thorized for a given fiscal year.’’. 

11 (b) REPORTING OF ADMINISTRATIVE EXPENSES.— 

12 Section 3307 of title 40, United States Code, is amended 

13 by adding at the end the following: 

14 ‘‘(i) BUDGET PROPOSAL OF ADMINISTRATIVE EX15 PENSES.— 

16 ‘‘(1) PROPOSED BUDGET.—Not later than the 

17 date that the President submits the budget request 

18 to Congress pursuant to section 1105 of title 31, 

19 United States Code, the Administrator of General 

20 Services shall submit a proposed budget for the Pub21 lic Buildings Service to the Committee on Transpor22 tation and Infrastructure of the House of Represent23 atives, the Committee on Environment and Public 

24 Works of the Senate, and the Committees on Appro25 priations of the House of Representatives and the 


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1 Senate detailing all proposed administrative ex2 penses for such Service for the following fiscal year. 

3 ‘‘(2) SPECIFICS OF BUDGET PROPOSAL.—Such 

4 proposed budget shall include the following: 

5 ‘‘(A) A breakdown of proposed administra6 tive expenses of the Public Buildings Service 

7 and the expenses of the previous fiscal year, in8 cluding a breakdown of object classification and 

9 subclassification to include salaries, bonuses, 

10 travel and transportation, training, and con11 ferences. 

12 ‘‘(B) A breakdown as described in sub13 paragraph (A) for the Public Buildings Service 

14 headquarters, Commissioner’s office, and each 

15 of the regional offices. 

16 ‘‘(C) A breakdown of proposed staffing lev17 els, including the number of full-time equivalent 

18 positions and the number of Federal employees 

19 by job classification and title of the Public 

20 Buildings Service, the Service headquarters, 

21 Commissioner’s office, and the regional offices, 

22 and the numbers for the same for the previous 

23 fiscal year. 


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1 ‘‘(D) A detailed justification for any pro2 posed increase in administrative expenses or 

3 staffing. 

4 ‘‘(E) A justification for the total amount of 

5 administrative expenses. 

6 ‘‘(3) ADMINISTRATIVE COST CATEGORIES.—The 

7 budget proposal information described in paragraph 

8 (2) shall provide the required information within the 

9 following administrative cost categories: 

10 ‘‘(A) Building Operations and Mainte11 nance, including cleaning, utilities and fuels, 

12 and maintenance. 

13 ‘‘(B) Salaries and Expenses, including 

14 other building services, space acquisition, staff 

15 support, and information technology services.’’. 

16 SEC. 10. LIMITATION ON AUTHORIZATIONS. 

17 Section 3307 of title 40, United States Code, as 

18 amended by this Act, is further amended by adding at the 

19 end the following: 

20 ‘‘(j) EXPIRATION OF COMMITTEE RESOLUTIONS.— 

21 Unless a lease is executed or a construction, alteration, 

22 repair, design, or acquisition project is initiated within 5 

23 years of the resolution approvals adopted by the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives or the Committee on Environment and 


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1 Public Works of the Senate pursuant to subsection (a), 

2 such resolutions shall be deemed expired. This subsection 

3 shall only apply to resolutions approved after the date of 

4 enactment of this subsection.’’. 

5 SEC. 11. LIMITATION ON CERTAIN LEASING AUTHORITIES. 

6 (a) LIMITATION ON LEASING AUTHORITY OF OTHER

7 AGENCIES.—Chapter 33 of title 40, United States Code, 

8 as amended by this Act, is further amended by adding 

9 at the end the following: 

10 ‘‘§ 3321. Limitation on leasing authority of other 

11 agencies 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of law, an executive agency may not lease space for 

14 the purposes of a public building as defined under section 

15 3301, except as provided under section 585 and the provi16 sions of this chapter. 

17 ‘‘(b) PUBLIC BUILDING.—For the purposes of this 

18 section, the term ‘public building’ includes leased space. 

19 ‘‘(c) EXCLUSIONS.—This section shall not apply to— 

20 ‘‘(1) properties that are excluded for reasons of 

21 national security by the President; and 

22 ‘‘(2) properties of the Department of Veterans 

23 Affairs. 


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1 ‘‘(d) CONSTRUCTION.—Nothing in this section shall 

2 be construed as creating new authority for executive agen3 cies to enter into leases. 

4 ‘‘(e) DELEGATION PILOT.—With respect to executive 

5 agencies covered by subsection (a)— 

6 ‘‘(1) the Administrator of General Services may 

7 delegate authority to manage the procurement of 

8 leases to an appropriate executive agency if the Ad9 ministrator determines that such agency has the ap10 propriate expertise and ability to do so and such del11 egation promotes efficiency and economy; 

12 ‘‘(2) the delegation under this subsection does 

13 not exempt the Administrator or the agency to 

14 which the delegation is made from any other provi15 sion of this chapter, including sections 592 and 

16 3307; and 

17 ‘‘(3) the delegation authority under this sub18 section shall terminate on December 31, 2018. 

19 ‘‘(f) REPORT.—Not later than 6 months before the 

20 termination date set forth in subsection (e)(3), the Admin21 istrator shall submit a report to the Committee on Trans22 portation and Infrastructure of the House of Representa23 tives and the Committee on Environment and Public 

24 Works of the Senate. The report shall include an analysis 


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1 of the effectiveness of the delegation authority provided 

2 in this section, including— 

3 ‘‘(1) a comparison of the costs and terms asso4 ciated with leases procured under the delegation au5 thority to the leases procured by the Public Build6 ings Service; 

7 ‘‘(2) whether procurements delegated were con8 sistent with authorization limitations and param9 eters; and 

10 ‘‘(3) recommendations on improvements to the 

11 delegation authority and whether such authority 

12 should be extended.’’. 

13 (b) SMALL BUSINESSES.—When using commercial 

14 leasing services, the Administrator of General Services 

15 shall adhere to the requirements of the Small Business 

16 Act (15 U.S.C. 631 et seq.). 

17 (c) CLERICAL AMENDMENT.—The analysis for such 

18 chapter, as amended by this Act, is further amended by 

19 adding at the end the following: 

‘‘3321. Limitation on leasing authority of other agencies.’’. 

20 SEC. 12. UTILIZATION RATES. 

21 (a) UTILIZATION RATES.—Chapter 33 of title 40, 

22 United States Code, as amended by this Act, is further 

23 amended by adding at the end the following: 


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1 ‘‘§ 3322. Utilization rates 

2 ‘‘(a) MEASUREMENT OF SPACE UTILIZATION.—Not 

3 later than 6 months after the date of enactment of this 

4 section, the Administrator of General Services shall de5 velop and implement a method of measuring actual utiliza6 tion rates of its owned and leased inventory of public 

7 buildings space and a plan for incorporating such utiliza8 tion rates into performance metrics for owned and leased 

9 buildings by region. 

10 ‘‘(b) SPACE UTILIZATION.—Any method developed 

11 and implemented pursuant to subsection (a) shall be based 

12 on actual utilization by rentable square feet per person. 

13 ‘‘(c) REPORT.—Not later than 1 year after the date 

14 of enactment of this section and annually thereafter, the 

15 Administrator shall report to the Committee on Transpor16 tation and Infrastructure of the House of Representatives 

17 and the Committee on Environment and Public Works of 

18 the Senate utilization rates measured pursuant to sub19 section (a) and performance metrics for owned and leased 

20 buildings. 

21 ‘‘(d) CERTIFICATION.—Not later than one year after 

22 the date of enactment of this section and every year there23 after, the Administrator and tenant Federal agencies shall 

24 certify, in writing, to the Committee on Transportation 

25 and Infrastructure of the House of Representatives and 

26 the Committee on Environment and Public Works of the 


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1 Senate the actual number of personnel housed in each 

2 building, leased or owned, in the inventory of the General 

3 Services Administration. Such written certifications shall 

4 detail the number of Federal employees, temporary em5 ployees, contractors, and any other non-Federal employ6 ees. 

7 ‘‘(e) DATABASE.— 

8 ‘‘(1) IN GENERAL.—The Administrator shall 

9 maintain a database of utilization rates and metrics 

10 developed pursuant to this section. 

11 ‘‘(2) ACCESSIBILITY.—The database described 

12 in paragraph (1) shall be made available upon re13 quest by congressional committees. 

14 ‘‘(3) EXCLUSIONS.—For reasons of national se15 curity, the President may exclude any property from 

16 the requirements of this subsection. 

17 ‘‘(f) AGENCY SPACE PLANS.—Not later than 60 days 

18 after the date of enactment of this section, the Adminis19 trator shall submit to the Committee on Transportation 

20 and Infrastructure of the House of Representatives and 

21 the Committee on Environment and Public Works of the 

22 Senate all agency Real Property Cost Savings and Innova23 tion Plans submitted pursuant to the MANAGEMENT 

24 PROCEDURES MEMORANDUM NO. 2013–02 of the 

25 Office of Management and Budget. The Administrator 


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1 shall submit subsequent updates of the Real Property Cost 

2 Savings and Innovation Plans or any successor plans to 

3 the Committee on Transportation and Infrastructure of 

4 the House of Representatives and the Committee on Envi5 ronment and Public Works of the Senate not later than 

6 60 days after their receipt by the Administrator.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for such 

8 chapter, as amended by this Act, is further amended by 

9 adding at the end the following: 

‘‘3322. Utilization rates.’’. 

10 SEC. 13. ELIMINATING PROJECT ESCALATIONS. 

11 Section 3307(c) of title 40, United States Code, is 

12 amended by adding at the end the following: ‘‘The Admin13 istrator shall notify, in writing, the Committee on Trans14 portation and Infrastructure of the House of Representa15 tives and the Committee on Environment and Public 

16 Works of the Senate of any increase of more than 5 per17 cent of an estimated maximum cost or of any increase or 

18 decrease in the scope or size of a project of 5 or more 

19 percent. Such notification shall include an explanation re20 garding any such increase or decrease. The scope or size 

21 of a project shall not increase or decrease by more than 

22 10 percent unless an amended prospectus is submitted and 

23 approved pursuant to this section.’’. 


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1 SEC. 14. REPORT ON PUBLIC BUILDING SERVICE ACTIVI2 TIES. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Administrator of the General Services shall 

5 submit a report to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the 

7 Committee on Environment and Public Works of the Sen8 ate regarding how the Public Buildings Service, through 

9 its acquisition activities— 

10 (1) conserves existing urban, suburban and 

11 rural resources; 

12 (2) encourages the development and redevelop13 ment of urban, suburban, and rural areas; and 

14 (3) reduces costs to the Public Building Service 

15 and improves the social, economic, environmental, 

16 and cultural conditions of the communities in urban, 

17 suburban, and rural areas. 


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Union Calendar No. 493 

113TH CONGRESS 

2D SESSION H. R. 2612 

[Report No. 113–656] 

A BILL 

To amend title 40, United States Code, to improve 

Buildings Service. the functioning and management of the Public 

DECEMBER 11, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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