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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2612 Reported in House (RH)]

                                                 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

_______________________________________________________________________

                                 A BILL

 
 To amend title 40, United States Code, to improve the functioning and 
              management of the Public Buildings Service.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Buildings Savings and Reform 
Act of 2013''.

SEC. 2. REQUIRED OFFSETS FOR NEW SPACE.

    (a) Offsets and Freeze of Space Inventory.--Chapter 33 of title 40, 
United States Code, is amended by adding at the end the following:
``Sec. 3317. Offsets and freeze of space inventory
    ``(a) Information in Prospectus.--Any prospectus that proposes new 
space, whether leased or owned, transmitted pursuant to section 3307(b) 
for each of fiscal years 2014, 2015, 2016, and 2017 shall contain 
information outlining the details of the elimination of at least a 
corresponding amount of space.
    ``(b) Freezing the Real Estate Footprint.--On an annual basis, the 
Administrator shall not increase the size or amount of its real 
property inventory, leased or owned, as compared to its fiscal year 
2012 real property baseline, except in those years in which space 
offsets have been specifically identified or for emergency or national 
security purposes as determined by the President.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``3317. Offsets and freeze of space inventory.''.

SEC. 3. MINIMIZING COSTS OF LEASED SPACE.

    (a) Definitions.--Section 3301(a) of title 40, United States Code, 
is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) Maximum rental rate.--The term `maximum rental rate' 
        means the maximum rate, by rentable square feet estimated by 
        the Administrator of General Services for the leasing of 
        commercial space for purposes of a public building in a given 
        geographical location.''.
    (b) Restrictions on Below-Prospectus Projects.--Section 3307(g) of 
title 40, United States Code, is amended by adding at the end the 
following:
            ``(3) Restriction on below-prospectus level.--
                    ``(A) Restriction on rental rate.--The 
                Administrator may not lease space at an amount below 
                the average annual rental rate thresholds established 
                pursuant to subsections (a) and (h) and that exceeds 
                the maximum rental rate established by the 
                Administrator for the respective geographical location, 
                unless the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                are notified by the Administrator in writing at least 
                10 days before the execution of such lease.
                    ``(B) Annual reports.--The Administrator shall 
                submit, on an annual basis, to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate a report detailing the 
                maximum rental rates established by the Administrator 
                by geographical location.
            ``(4) Restriction on other below-prospectus level 
        projects.--Not less than 30 days before entering into any 
        lease-construction agreement, regardless of the threshold 
        amounts established pursuant to subsections (a) and (h), the 
        Administrator shall notify the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate, in 
        writing, of the intention to enter into such agreement and 
        include in the notification details of the project and any 
        associated information.''.

SEC. 4. REPORTS ON LEASES.

    (a) Reports on Leases.--Chapter 33 of title 40, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
``Sec. 3318. Reports on leases
    ``Not later than December 31 of each year, the Administrator of 
General Services shall submit a list to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate of all leases, including 
lease-construction agreements, entered into by the General Services 
Administration for the previous fiscal year. For each lease, the list 
shall detail the size of the space, location, tenant agency or 
agencies, total annual rental rate, and the authorized annual rental if 
such rental rate exceeds the annual threshold amounts set forth in 
section 3307.''.
    (b) Clerical Amendment.--The analysis for such chapter, as amended 
by this Act, is further amended by adding at the end the following:

``3318. Reports on leases.''.

SEC. 5. ZERO-BASED SPACE JUSTIFICATION.

    Section 3307(b) of title 40, United States Code, is amended--
            (1) in paragraph (6) by striking ``and'' at the end;
            (2) in paragraph (7) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(8) with respect to any prospectus, including for 
        replacement space, lease renewal, or lease extension, the 
        Administrator shall include a justification for such space, 
        including an explanation of why such space could not be 
        consolidated or co-located into other owned or leased space.''.

SEC. 6. REDUCING COSTS RELATED TO COURTHOUSES.

    (a) Reducing Costs Related to Courthouses.--Chapter 33 of title 40, 
United States Code, as amended by this Act, is further amended by 
adding at the end the following:
``Sec. 3319. Reducing costs related to courthouses
    ``(a) Limitation on New Courthouses.--The Administrator of General 
Services may not commence construction of any new courthouse if--
            ``(1) construction has not begun on or before the date of 
        enactment of this section; and
            ``(2) the design and construction of the new courthouse 
        fails to comply, at a minimum, with the courtroom sharing 
        requirements described in subsection (b).
    ``(b) Courtroom Sharing Requirements Defined.--The term `courtroom 
sharing requirements' means--
            ``(1) in courthouses with 10 or more active district 
        judges, 2 courtrooms per 3 active district judges, except such 
        courthouses may contain not less than 9 courtrooms for active 
        district judges;
            ``(2) in courthouses with 3 or more bankruptcy judges, 1 
        courtroom per 2 bankruptcy judges;
            ``(3) in courthouses with 3 or more senior district judges, 
        1 courtroom per 2 senior district judges; and
            ``(4) in courthouses with 3 or more magistrate judges, 1 
        courtroom per 2 magistrate judges.
    ``(c) United States Courts Design Guide.--Not later than 180 days 
after the date of enactment of this section, the Design Guide for 
courthouses shall be updated to incorporate courtroom sharing 
requirements to the maximum extent practicable.
    ``(d) Utilization.--If a new courthouse will add capacity in the 
inventory of the General Services Administration, existing space in the 
same courthouse complex must be fully utilized or relinquished from the 
inventory of the General Services Administration.''.
    (b) Clerical Amendment.--The analysis for such chapter, as amended 
by this Act, is further amended by adding at the end the following:

``3319. Reducing costs related to courthouses.''.

SEC. 7. INSPECTOR GENERAL REVIEW.

    The Inspector General of the General Services Administration shall 
review the Public Buildings Service's internship program, recent 
graduate program, and any similar program and report to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate on the 
following:
            (1) The costs associated with each program.
            (2) Value added to the Public Buildings Service by the 
        programs.
            (3) Recommendations on improving the programs.
            (4) Compliance with Federal hiring laws, practices, and 
        standards.

SEC. 8. BONUSES AND CONFERENCES.

    (a) Moratorium on Bonuses.--Section 592 of title 40, United States 
Code, is amended by adding at the end the following:
    ``(g) Moratorium on Bonuses.--No funds in the Federal Buildings 
Fund may be available for bonuses, performance awards, or similar 
expenditures for a member of the Senior Executive Service, until the 
Administrator of General Services submits a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate detailing--
            ``(1) the findings and conclusions of a review of the 
        Public Building Service's system of awarding bonuses and 
        performance awards;
            ``(2) actions to be taken by the Administrator to improve 
        the system and ensure efficiency and effectiveness; and
            ``(3) a description of how the actions identified will 
        resolve any inefficiencies identified.''.
    (b) Restrictions on Conferences and Travel.--Chapter 33 of title 
40, United States Code, as amended by this Act, is further amended by 
adding at the end the following:
``Sec. 3320. Restrictions on conferences and travel
    ``(a) Reports Regarding Conferences.--Not later than the end of 
each fiscal year, the Administrator of General Services shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report on conferences proposed to be hosted by the Public 
Buildings Service for the subsequent fiscal year. The report shall 
include the following for each proposed conference:
            ``(1) The purpose of the conference.
            ``(2) A detailed budget for the conference, including 
        related travel, lodging, and per diem costs.
            ``(3) The expected number of participants, including from 
        the Public Buildings Service.
            ``(4) The location and length of the conference.
            ``(5) Any expected non-Federal funding or sponsorships.
    ``(b) Conference Review.--Not later than 60 days after each fiscal 
year, the Administrator shall submit a report to the congressional 
committees identified in subsection (a) including the following:
            ``(1) The actual expenditures and costs of each conference 
        and a comparison to the budget submitted pursuant to subsection 
        (a).
            ``(2) The actual number of participants of the Public 
        Buildings Service in each conference and associated travel, 
        lodging, and per diem costs.
            ``(3) An agenda of each conference programming and 
        events.''.
    (c) Clerical Amendment.--The analysis for such chapter, as amended 
by this Act, is further amended by adding at the end the following:

``3320. Restrictions on conferences and travel.''.

SEC. 9. ADMINISTRATIVE COSTS SPECIFIED.

    (a) Administrative Costs Specified.--Section 592(c) of title 40, 
United States Code, is amended by adding at the end the following:
            ``(5) Exception for administrative expenses.--
        Notwithstanding paragraph (1), deposits in the Fund may not be 
        used for administrative expenses of the Public Buildings 
        Service unless an amount specified for such expenses is 
        specifically authorized for a given fiscal year.''.
    (b) Reporting of Administrative Expenses.--Section 3307 of title 
40, United States Code, is amended by adding at the end the following:
    ``(i) Budget Proposal of Administrative Expenses.--
            ``(1) Proposed budget.--Not later than the date that the 
        President submits the budget request to Congress pursuant to 
        section 1105 of title 31, United States Code, the Administrator 
        of General Services shall submit a proposed budget for the 
        Public Buildings Service to the Committee on Transportation and 
        Infrastructure of the House of Representatives, the Committee 
        on Environment and Public Works of the Senate, and the 
        Committees on Appropriations of the House of Representatives 
        and the Senate detailing all proposed administrative expenses 
        for such Service for the following fiscal year.
            ``(2) Specifics of budget proposal.--Such proposed budget 
        shall include the following:
                    ``(A) A breakdown of proposed administrative 
                expenses of the Public Buildings Service and the 
                expenses of the previous fiscal year, including a 
                breakdown of object classification and 
                subclassification to include salaries, bonuses, travel 
                and transportation, training, and conferences.
                    ``(B) A breakdown as described in subparagraph (A) 
                for the Public Buildings Service headquarters, 
                Commissioner's office, and each of the regional 
                offices.
                    ``(C) A breakdown of proposed staffing levels, 
                including the number of full-time equivalent positions 
                and the number of Federal employees by job 
                classification and title of the Public Buildings 
                Service, the Service headquarters, Commissioner's 
                office, and the regional offices, and the numbers for 
                the same for the previous fiscal year.
                    ``(D) A detailed justification for any proposed 
                increase in administrative expenses or staffing.
                    ``(E) A justification for the total amount of 
                administrative expenses.
            ``(3) Administrative cost categories.--The budget proposal 
        information described in paragraph (2) shall provide the 
        required information within the following administrative cost 
        categories:
                    ``(A) Building Operations and Maintenance, 
                including cleaning, utilities and fuels, and 
                maintenance.
                    ``(B) Salaries and Expenses, including other 
                building services, space acquisition, staff support, 
                and information technology services.''.

SEC. 10. LIMITATION ON AUTHORIZATIONS.

    Section 3307 of title 40, United States Code, as amended by this 
Act, is further amended by adding at the end the following:
    ``(j) Expiration of Committee Resolutions.--Unless a lease is 
executed or a construction, alteration, repair, design, or acquisition 
project is initiated within 5 years of the resolution approvals adopted 
by the Committee on Transportation and Infrastructure of the House of 
Representatives or the Committee on Environment and Public Works of the 
Senate pursuant to subsection (a), such resolutions shall be deemed 
expired. This subsection shall only apply to resolutions approved after 
the date of enactment of this subsection.''.

SEC. 11. LIMITATION ON CERTAIN LEASING AUTHORITIES.

    (a) Limitation on Leasing Authority of Other Agencies.--Chapter 33 
of title 40, United States Code, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 3321. Limitation on leasing authority of other agencies
    ``(a) In General.--Notwithstanding any other provision of law, an 
executive agency may not lease space for the purposes of a public 
building as defined under section 3301, except as provided under 
section 585 and the provisions of this chapter.
    ``(b) Public Building.--For the purposes of this section, the term 
`public building' includes leased space.
    ``(c) Exclusions.--This section shall not apply to--
            ``(1) properties that are excluded for reasons of national 
        security by the President; and
            ``(2) properties of the Department of Veterans Affairs.
    ``(d) Construction.--Nothing in this section shall be construed as 
creating new authority for executive agencies to enter into leases.
    ``(e) Delegation Pilot.--With respect to executive agencies covered 
by subsection (a)--
            ``(1) the Administrator of General Services may delegate 
        authority to manage the procurement of leases to an appropriate 
        executive agency if the Administrator determines that such 
        agency has the appropriate expertise and ability to do so and 
        such delegation promotes efficiency and economy;
            ``(2) the delegation under this subsection does not exempt 
        the Administrator or the agency to which the delegation is made 
        from any other provision of this chapter, including sections 
        592 and 3307; and
            ``(3) the delegation authority under this subsection shall 
        terminate on December 31, 2018.
    ``(f) Report.--Not later than 6 months before the termination date 
set forth in subsection (e)(3), the Administrator shall submit a report 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate. The report shall include an analysis of the effectiveness 
of the delegation authority provided in this section, including--
            ``(1) a comparison of the costs and terms associated with 
        leases procured under the delegation authority to the leases 
        procured by the Public Buildings Service;
            ``(2) whether procurements delegated were consistent with 
        authorization limitations and parameters; and
            ``(3) recommendations on improvements to the delegation 
        authority and whether such authority should be extended.''.
    (b) Small Businesses.--When using commercial leasing services, the 
Administrator of General Services shall adhere to the requirements of 
the Small Business Act (15 U.S.C. 631 et seq.).
    (c) Clerical Amendment.--The analysis for such chapter, as amended 
by this Act, is further amended by adding at the end the following:

``3321. Limitation on leasing authority of other agencies.''.

SEC. 12. UTILIZATION RATES.

    (a) Utilization Rates.--Chapter 33 of title 40, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
``Sec. 3322. Utilization rates
    ``(a) Measurement of Space Utilization.--Not later than 6 months 
after the date of enactment of this section, the Administrator of 
General Services shall develop and implement a method of measuring 
actual utilization rates of its owned and leased inventory of public 
buildings space and a plan for incorporating such utilization rates 
into performance metrics for owned and leased buildings by region.
    ``(b) Space Utilization.--Any method developed and implemented 
pursuant to subsection (a) shall be based on actual utilization by 
rentable square feet per person.
    ``(c) Report.--Not later than 1 year after the date of enactment of 
this section and annually thereafter, the Administrator shall report to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate utilization rates measured pursuant to subsection (a) and 
performance metrics for owned and leased buildings.
    ``(d) Certification.--Not later than one year after the date of 
enactment of this section and every year thereafter, the Administrator 
and tenant Federal agencies shall certify, in writing, to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate the 
actual number of personnel housed in each building, leased or owned, in 
the inventory of the General Services Administration. Such written 
certifications shall detail the number of Federal employees, temporary 
employees, contractors, and any other non-Federal employees.
    ``(e) Database.--
            ``(1) In general.--The Administrator shall maintain a 
        database of utilization rates and metrics developed pursuant to 
        this section.
            ``(2) Accessibility.--The database described in paragraph 
        (1) shall be made available upon request by congressional 
        committees.
            ``(3) Exclusions.--For reasons of national security, the 
        President may exclude any property from the requirements of 
        this subsection.
    ``(f) Agency Space Plans.--Not later than 60 days after the date of 
enactment of this section, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate all agency Real Property Cost Savings and Innovation Plans 
submitted pursuant to the MANAGEMENT PROCEDURES MEMORANDUM NO. 2013-02 
of the Office of Management and Budget. The Administrator shall submit 
subsequent updates of the Real Property Cost Savings and Innovation 
Plans or any successor plans to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate not later than 60 days after 
their receipt by the Administrator.''.
    (b) Clerical Amendment.--The analysis for such chapter, as amended 
by this Act, is further amended by adding at the end the following:

``3322. Utilization rates.''.

SEC. 13. ELIMINATING PROJECT ESCALATIONS.

    Section 3307(c) of title 40, United States Code, is amended by 
adding at the end the following: ``The Administrator shall notify, in 
writing, the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate of any increase of more than 5 percent of an 
estimated maximum cost or of any increase or decrease in the scope or 
size of a project of 5 or more percent. Such notification shall include 
an explanation regarding any such increase or decrease. The scope or 
size of a project shall not increase or decrease by more than 10 
percent unless an amended prospectus is submitted and approved pursuant 
to this section.''.

SEC. 14. REPORT ON PUBLIC BUILDING SERVICE ACTIVITIES.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the General Services shall submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate regarding how the Public Buildings Service, through its 
acquisition activities--
            (1) conserves existing urban, suburban and rural resources;
            (2) encourages the development and redevelopment of urban, 
        suburban, and rural areas; and
            (3) reduces costs to the Public Building Service and 
        improves the social, economic, environmental, and cultural 
        conditions of the communities in urban, suburban, and rural 
        areas.
                                                 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 the functioning and 
              management of the Public Buildings Service.

_______________________________________________________________________

                           December 11, 2014

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```