I 

113TH CONGRESS 

1ST SESSION H. R. 2612 

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 

A BILL 

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

functioning and management of the Public Buildings Service. 

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: 


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1 ‘‘§ 3317. Offsets and freeze of space inventory 

2 ‘‘(a) INFORMATION IN PROSPECTUS.—Any pro3 spectus that proposes new space, whether leased or owned, 

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

5 years 2014, 2015, 2016, and 2017 shall contain informa6 tion outlining the details of the elimination of at least a 

7 corresponding amount of space. 

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

9 On an annual basis, the Administrator shall not increase 

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

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

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

13 been specifically identified or for emergency or national 

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

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

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

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

17 SEC. 3. MINIMIZING COSTS OF LEASED SPACE. 

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

19 United States Code, is amended— 

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

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

22 (2) by inserting after paragraph (4) the fol23 lowing: 

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

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


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1 rentable square feet estimated by the Administrator 

2 of General Services for the leasing of commercial 

3 space for purposes of a public building in a given 

4 geographical location.’’. 

5 (b) RESTRICTIONS ON BELOW-PROSPECTUS

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

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

8 ‘‘(3) RESTRICTION ON BELOW-PROSPECTUS

9 LEVEL.— 

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

11 The Administrator may not lease space at an 

12 amount below the average annual rental rate 

13 thresholds established pursuant to subsections 

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

15 rental rate established by the Administrator for 

16 the respective geographical location, unless the 

17 Committee on Transportation and Infrastruc18 ture of the House of Representatives and the 

19 Committee on Environment and Public Works 

20 of the Senate are notified by the Administrator 

21 in writing at least 10 days before the execution 

22 of such lease. 

23 ‘‘(B) ANNUAL REPORTS.—The Adminis24 trator shall submit, on an annual basis, to 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 a report detailing the maximum 

4 rental rates established by the Administrator by 

5 geographical location. 

6 ‘‘(4) RESTRICTION ON OTHER BELOW-PRO7 SPECTUS LEVEL PROJECTS.—Not less than 30 days 

8 before entering into any lease-construction agree9 ment, regardless of the threshold amounts estab10 lished pursuant to subsections (a) and (h), the Ad11 ministrator shall notify the Committee on Transpor12 tation and Infrastructure of the House of Represent13 atives and the Committee on Environment and Pub14 lic Works of the Senate, in writing, of the intention 

15 to enter into such agreement and include in the noti16 fication details of the project and any associated in17 formation.’’. 

18 SEC. 4. REPORTS ON LEASES. 

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

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

21 amended by adding at the end the following: 

22 ‘‘§ 3318. Reports on leases 

23 ‘‘Not later than December 31 of each year, the Ad24 ministrator of General Services shall submit a list to the 

25 Committee on Transportation and Infrastructure of the 


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1 House of Representatives and the Committee on Environ2 ment and Public Works of the Senate of all leases, includ3 ing lease-construction agreements, entered into by the 

4 General Services Administration for the previous fiscal 

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

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

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

8 rate exceeds the annual threshold amounts set forth in 

9 section 3307.’’. 

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

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

12 adding at the end the following: 

‘‘3318. Reports on leases.’’. 

13 SEC. 5. ZERO-BASED SPACE JUSTIFICATION. 

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

15 amended— 

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

17 end; 

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

19 inserting ‘‘; and’’; and 

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

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

22 for replacement space, lease renewal, or lease exten23 sion, the Administrator shall include a justification 

24 for such space, including an explanation of why such 


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1 space could not be consolidated or co-located into 

2 other owned or leased space.’’. 

3 SEC. 6. REDUCING COSTS RELATED TO COURTHOUSES. 

4 (a) REDUCING COSTS RELATED TO COURT5 HOUSES.—Chapter 33 of title 40, United States Code, as 

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

7 end the following: 

8 ‘‘§ 3319. Reducing costs related to courthouses 

9 ‘‘(a) LIMITATION ON NEW COURTHOUSES.—The Ad10 ministrator of General Services may not commence con11 struction of any new courthouse if— 

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

13 the date of enactment of this section; and 

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

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

16 courtroom sharing requirements described in sub17 section (b). 

18 ‘‘(b) COURTROOM SHARING REQUIREMENTS DE19 FINED.—The term ‘courtroom sharing requirements’ 

20 means— 

21 ‘‘(1) in courthouses with 10 or more active dis22 trict judges, 2 courtrooms per 3 active district 

23 judges, except such courthouses may contain not less 

24 than 9 courtrooms for active district judges; 


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

2 judges, 1 courtroom per 2 bankruptcy judges; 

3 ‘‘(3) in courthouses with 3 or more senior dis4 trict judges, 1 courtroom per 2 senior district 

5 judges; and 

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

7 judges, 1 courtroom per 2 magistrate judges. 

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

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

10 section, the Design Guide for courthouses shall be updated 

11 to incorporate courtroom sharing requirements to the 

12 maximum extent practicable. 

13 ‘‘(d) UTILIZATION.—If a new courthouse will add ca14 pacity in the inventory of the General Services Adminis15 tration, existing space in the same courthouse complex 

16 must be fully utilized or relinquished from the inventory 

17 of the General Services Administration.’’. 

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: 

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

21 SEC. 7. INSPECTOR GENERAL REVIEW. 

22 The Inspector General of the General Services Ad23 ministration shall review the Public Buildings Service’s in24 ternship program, recent graduate program, and any simi25 lar program and report to the Committee on TransporVerDate Mar 15 2010 01:44 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2612.IH H2612

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1 tation and Infrastructure of the House of Representatives 

2 and the Committee on Environment and Public Works of 

3 the Senate on the following: 

4 (1) The costs associated with each program. 

5 (2) Value added to the Public Buildings Service 

6 by the programs. 

7 (3) Recommendations on improving the pro8 grams. 

9 (4) Compliance with Federal hiring laws, prac10 tices, and standards. 

11 SEC. 8. BONUSES AND CONFERENCES. 

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

13 40, United States Code, is amended by adding at the end 

14 the following: 

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

16 Federal Buildings Fund may be available for bonuses, per17 formance awards, or similar expenditures for a member 

18 of the Senior Executive Service, until the Administrator 

19 of General Services submits a report to the Committee on 

20 Transportation and Infrastructure of the House of Rep21 resentatives and the Committee on Environment and Pub22 lic Works of the Senate detailing— 

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

24 the Public Building Service’s system of awarding bo25 nuses and performance awards; 


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

2 to improve the system and ensure efficiency and ef3 fectiveness; and 

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

5 will resolve any inefficiencies identified.’’. 

6 (b) RESTRICTIONS ON CONFERENCES AND TRAV7 EL.—Chapter 33 of title 40, United States Code, as 

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

9 end the following: 

10 ‘‘§ 3320. Restrictions on conferences and travel 

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

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

13 of General Services shall submit to the Committee on 

14 Transportation and Infrastructure of the House of Rep15 resentatives and the Committee on Environment and Pub16 lic Works of the Senate a report on conferences proposed 

17 to be hosted by the Public Buildings Service for the subse18 quent fiscal year. The report shall include the following 

19 for each proposed conference: 

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

21 ‘‘(2) A detailed budget for the conference, in22 cluding related travel, lodging, and per diem costs. 

23 ‘‘(3) The expected number of participants, in24 cluding from the Public Buildings Service. 

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


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

2 sponsorships. 

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

4 after each fiscal year, the Administrator shall submit a 

5 report to the congressional committees identified in sub6 section (a) including the following: 

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

8 conference and a comparison to the budget sub9 mitted pursuant to subsection (a). 

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

11 Public Buildings Service in each conference and as12 sociated travel, lodging, and per diem costs. 

13 ‘‘(3) An agenda of each conference program14 ming and events.’’. 

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

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

17 adding at the end the following: 

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

18 SEC. 9. ADMINISTRATIVE COSTS SPECIFIED. 

19 (a) ADMINISTRATIVE COSTS SPECIFIED.—Section 

20 592(c) of title 40, United States Code, is amended by add21 ing at the end the following: 

22 ‘‘(5) EXCEPTION FOR ADMINISTRATIVE EX23 PENSES.—Notwithstanding paragraph (1), deposits 

24 in the Fund may not be used for administrative ex25 penses of the Public Buildings Service unless an 


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1 amount specified for such expenses is specifically au2 thorized for a given fiscal year.’’. 

3 (b) REPORTING OF ADMINISTRATIVE EXPENSES.— 

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

5 by adding at the end the following: 

6 ‘‘(i) BUDGET PROPOSAL OF ADMINISTRATIVE EX7 PENSES.— 

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

9 date that the President submits the budget request 

10 to Congress pursuant to section 1105 of title 31, 

11 United States Code, the Administrator of General 

12 Services shall submit a proposed budget for the Pub13 lic Buildings Service to the Committee on Transpor14 tation and Infrastructure of the House of Represent15 atives, the Committee on Environment and Public 

16 Works of the Senate, and the Committees on Appro17 priations of the House of Representatives and the 

18 Senate detailing all proposed administrative ex19 penses for such Service for the following fiscal year. 

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

21 proposed budget shall include the following: 

22 ‘‘(A) A breakdown of proposed administra23 tive expenses of the Public Buildings Service 

24 and the expenses of the previous fiscal year, in25 cluding a breakdown of object classification and 


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1 subclassification to include salaries, bonuses, 

2 travel and transportation, training, and con3 ferences. 

4 ‘‘(B) A breakdown as described in sub5 paragraph (A) for the Public Buildings Service 

6 headquarters, Commissioner’s office, and each 

7 of the regional offices. 

8 ‘‘(C) A breakdown of proposed staffing lev9 els, including the number of full-time equivalent 

10 positions and the number of Federal employees 

11 by job classification and title of the Public 

12 Buildings Service, the Service headquarters, 

13 Commissioner’s office, and the regional offices, 

14 and the numbers for the same for the previous 

15 fiscal year. 

16 ‘‘(D) A detailed justification for any pro17 posed increase in administrative expenses or 

18 staffing. 

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

20 administrative expenses. 

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

22 budget proposal information described in paragraph 

23 (2) shall provide the required information within the 

24 following administrative cost categories: 


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1 ‘‘(A) Building Operations and Mainte2 nance, including cleaning, utilities and fuels, 

3 and maintenance. 

4 ‘‘(B) Salaries and Expenses, including 

5 other building services, space acquisition, staff 

6 support, and information technology services.’’. 

7 SEC. 10. LIMITATION ON AUTHORIZATIONS. 

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

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

10 end the following: 

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

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

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

14 years of the resolution approvals adopted by the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives or the Committee on Environment and 

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

18 such resolutions shall be deemed expired. This subsection 

19 shall only apply to resolutions approved after the date of 

20 enactment of this subsection.’’. 

21 SEC. 11. LIMITATION ON CERTAIN LEASING AUTHORITIES. 

22 (a) LIMITATION ON LEASING AUTHORITY OF OTHER

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

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

25 at the end the following: 


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1 ‘‘§ 3321. Limitation on leasing authority of other 

2 agencies 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of law, an executive agency may not lease space for 

5 the purposes of a public building as defined under section 

6 3301, except as provided under section 585 and the provi7 sions of this chapter. 

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

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

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

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

12 national security by the President; and 

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

14 Affairs. 

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

16 be construed as creating new authority for executive agen17 cies to enter into leases. 

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

19 agencies covered by subsection (a)— 

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

21 delegate authority to manage the procurement of 

22 leases to an appropriate executive agency if the Ad23 ministrator determines that such agency has the ap24 propriate expertise and ability to do so and such del25 egation promotes efficiency and economy; 


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

2 not exempt the Administrator or the agency to 

3 which the delegation is made from any other provi4 sion of this chapter, including sections 592 and 

5 3307; and 

6 ‘‘(3) the delegation authority under this sub7 section shall terminate on December 31, 2018. 

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

9 termination date set forth in subsection (e)(3), the Admin10 istrator shall submit a report to the Committee on Trans11 portation and Infrastructure of the House of Representa12 tives and the Committee on Environment and Public 

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

14 of the effectiveness of the delegation authority provided 

15 in this section, including— 

16 ‘‘(1) a comparison of the costs and terms asso17 ciated with leases procured under the delegation au18 thority to the leases procured by the Public Build19 ings Service; 

20 ‘‘(2) whether procurements delegated were con21 sistent with authorization limitations and param22 eters; and 

23 ‘‘(3) recommendations on improvements to the 

24 delegation authority and whether such authority 

25 should be extended.’’. 


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1 (b) SMALL BUSINESSES.—When using commercial 

2 leasing services, the Administrator of General Services 

3 shall adhere to the requirements of the Small Business 

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

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

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

7 adding at the end the following: 

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

8 SEC. 12. UTILIZATION RATES. 

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

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

11 amended by adding at the end the following: 

12 ‘‘§ 3322. Utilization rates 

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

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

15 section, the Administrator of General Services shall de16 velop and implement a method of measuring actual utiliza17 tion rates of its owned and leased inventory of public 

18 buildings space and a plan for incorporating such utiliza19 tion rates into performance metrics for owned and leased 

20 buildings by region. 

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

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

23 on actual utilization by rentable square feet per person. 

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

25 of enactment of this section and annually thereafter, the 


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1 Administrator shall report to the Committee on Transpor2 tation and Infrastructure of the House of Representatives 

3 and the Committee on Environment and Public Works of 

4 the Senate utilization rates measured pursuant to sub5 section (a) and performance metrics for owned and leased 

6 buildings. 

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

8 the date of enactment of this section and every year there9 after, the Administrator and tenant Federal agencies shall 

10 certify, in writing, to the Committee on Transportation 

11 and Infrastructure of the House of Representatives and 

12 the Committee on Environment and Public Works of the 

13 Senate the actual number of personnel housed in each 

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

15 Services Administration. Such written certifications shall 

16 detail the number of Federal employees, temporary em17 ployees, contractors, and any other non-Federal employ18 ees. 

19 ‘‘(e) DATABASE.— 

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

21 maintain a database of utilization rates and metrics 

22 developed pursuant to this section. 

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

24 in paragraph (1) shall be made available upon re25 quest by congressional committees. 


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1 ‘‘(3) EXCLUSIONS.—For reasons of national se2 curity, the President may exclude any property from 

3 the requirements of this subsection. 

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

5 after the date of enactment of this section, the Adminis6 trator shall submit to the Committee on Transportation 

7 and Infrastructure of the House of Representatives and 

8 the Committee on Environment and Public Works of the 

9 Senate all agency Real Property Cost Savings and Innova10 tion Plans submitted pursuant to the MANAGEMENT 

11 PROCEDURES MEMORANDUM NO. 2013–02 of the 

12 Office of Management and Budget. The Administrator 

13 shall submit subsequent updates of the Real Property Cost 

14 Savings and Innovation Plans or any successor plans to 

15 the Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on Envi17 ronment and Public Works of the Senate not later than 

18 60 days after their receipt by the Administrator.’’. 

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

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

21 adding at the end the following: 

‘‘3322. Utilization rates.’’. 

22 SEC. 13. ELIMINATING PROJECT ESCALATIONS. 

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

24 amended by adding at the end the following: ‘‘The Admin25 istrator shall notify, in writing, the Committee on TransVerDate Mar 15 2010 01:44 Jul 09, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2612.IH H2612

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1 portation and Infrastructure of the House of Representa2 tives and the Committee on Environment and Public 

3 Works of the Senate of any increase of more than 5 per4 cent of an estimated maximum cost or of any increase or 

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

6 percent. Such notification shall include an explanation re7 garding any such increase or decrease. The scope or size 

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

9 10 percent unless an amended prospectus is submitted and 

10 approved pursuant to this section.’’. 

11 SEC. 14. REPORT ON PUBLIC BUILDING SERVICE ACTIVI12 TIES. 

13 Not later than 1 year after the date of enactment 

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

15 submit a report to the Committee on Transportation and 

16 Infrastructure of the House of Representatives and the 

17 Committee on Environment and Public Works of the Sen18 ate regarding how the Public Buildings Service, through 

19 its acquisition activities— 

20 (1) conserves existing urban, suburban and 

21 rural resources; 

22 (2) encourages the development and redevelop23 ment of urban, suburban, and rural areas; and 

24 (3) reduces costs to the Public Building Service 

25 and improves the social, economic, environmental, 


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1 and cultural conditions of the communities in urban, 

2 suburban, and rural areas. 

Æ 


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