I 
112TH CONGRESS 
2D SESSION 
H. R. 6430 
To amend title 40, United States Code, to improve the functioning of the 
General Services Administration. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2012 
Mr. MICA (for himself and Mr. DENHAM) 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 of the General Services Administration. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Buildings Re-
form Act of 2012’’. 
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TITLE I—REDUCTION OF 
FEDERAL SPACE FOOTPRINT 
SEC. 101. REQUIRED OFFSETS FOR NEW SPACE. 
(a) OFFSETS AND REDUCTION OF SPACE INVEN-
TORY.—At the end of chapter 33 of title 40, United States 
Code, add the following: 
‘‘§ 3317. Offsets and reduction of space inventory 
‘‘(a) INFORMATION
IN
PROSPECTUS.—Any pro-
spectus that proposes new space, whether leased or owned, 
transmitted pursuant to section 3307(b) of title 40, 
United States Code, for fiscal years 2014, 2015, and 2016 
shall contain information outlining the details of the elimi-
nation of at least a corresponding amount of space. 
‘‘(b) REDUCTION IN LEASED AND OWNED PROP-
ERTY.—Each calendar year through 2016, the Adminis-
trator of General Services shall reduce by a minimum of 
1,000,000 square feet of the leased and owned property 
in the inventory of the General Services Administration 
and shall report on an annual basis to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Pub-
lic Works of the Senate a report detailing the reductions 
for the previous year.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘3317. Offsets and reduction of space inventory.’’. 
TITLE II—MINIMIZING COSTS OF 
FEDERAL SPACE 
SEC. 201. 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 fol-
lowing: 
‘‘(5) MAXIMUM
RENTAL
RATE.—The term 
‘maximum rental rate’ means the maximum rate by 
rentable square feet estimated by the Administrator 
for the lease of commercial space for the purposes 
of a public building for a given geographical loca-
tion.’’. 
(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) 
LIMITATION
ON
BELOW-PROSPECTUS 
LEVEL.— 
‘‘(A) 
RESTRICTION
ON
RENTAL 
RATE.—The Administrator may not lease 
space at an amount below the average an-
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nual rental rate established pursuant to 
subsections (a) and (h) that exceeds the 
maximum rental rate established by the 
Administrator for the respective geo-
graphical location unless the Committee on 
Transportation and Infrastructure of the 
House of Representatives and the Com-
mittee on Environment and Public Works 
of the Senate are notified in writing at 
least 10 days before executing such lease. 
‘‘(B) ANNUAL
REPORTS.—The Ad-
ministrator shall submit, on an annual 
basis, to the Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives and the Committee on Envi-
ronment and Public Works of the Senate 
reports detailing the maximum rental rates 
established by the Administrator by geo-
graphical location. 
‘‘(4) LIMITATION
ON
OTHER
BELOW-PRO-
SPECTUS LEVEL PROJECTS.—At least 30 days before 
entering into any lease-construction agreement, re-
gardless of the thresholds established pursuant to 
subsections (a) and (h), the Administrator shall no-
tify the Committee on Transportation and Infra-
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structure 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. 202. REDUCING COSTS RELATED TO COURTHOUSES. 
(a) LIMITATION ON NEW COURTHOUSES.—The Ad-
ministrator of General Services may not commence con-
struction of any new courthouse if— 
(1) construction has not begun on or before No-
vember 1, 2012; and 
(2) in the same jurisdiction in which the new 
Federal courthouse will serve, the existing utilization 
of courtrooms in a courthouse is not, at a minimum, 
in accordance with subsection (b). 
(b) DEFINITIONS.—For the purposes of this section: 
(1) COMMENCE
CONSTRUCTION.—The term 
‘‘commence construction’’ means the Administrator 
has obligated funds for the construction phase of a 
courthouse project, but in no case shall construction 
be construed as commencing on the basis of any ob-
ligation of funds or actions taken for site acquisi-
tion, design, excavation, demolition, or preliminary 
site work and in accordance with paragraph (2). 
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tent practicable, utilize customary and industry real estate 
management and services, including the use of a commer-
cial real estate leasing brokerage and related property 
management services. 
(b) REPORTS.—The Administrator shall submit a re-
port on a quarterly basis to the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
the Committee on Environment and Public Works of the 
Senate, and the Comptroller General detailing— 
(1) lease procurements entered into by the Ad-
ministrator through the use of in house personnel, 
and lease procurements entered into through the use 
of commercial real estate brokerage agreements 
under a national or other type of contract, and a 
comparison of savings of each method of procure-
ment, including lease costs relative to market, tenant 
agency rent credits, and any concessions affecting 
the total costs of such lease; 
(2) other real estate management services car-
ried out through commercial real estate agreements; 
and 
(3) a breakdown of total time and costs of lease 
procurements conducted by Federal full-time equiva-
lent employees and General Services Administration 
contract employees assigned to manage transactions 
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conducted internally, and procurements conducted 
through commercial real estate brokerage services 
through agreements with General Services Adminis-
tration and associated staffing costs of such agree-
ments. The analysis of costs shall include costs of all 
personnel, including the costs of salaries and bene-
fits, office and related space, travel, training, and 
other related costs for all personnel directly or indi-
rectly assigned to such procurements. The analysis 
of the time required for each method of procuring 
leased space shall take into account— 
(A) the type of procurement and whether 
it is a simple lease renewal, lease extension, su-
perseding lease, standstill lease agreement, full 
and open competition, or other than full and 
open competition, and whether a procurement is 
low price, technically acceptable, or source se-
lection and whether such lease is a simplified 
lease, streamlined lease, or standard lease; 
(B) any changes to procurement schedules 
and whether such schedules are adjusted; 
(C) Federal agency requirements’ modi-
fications; and 
(D) internal policy shifts and other 
changes that may affect the timing of such 
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transactions so that an accurate comparison 
may be conducted between the differences of 
procurements conducted by in-house and con-
tract personnel under the control of the Admin-
istration, and those procurements conducted by 
leasing brokerages services. 
(c) GAO REVIEW.—As requested by the Committee 
on Transportation and Infrastructure of the House of 
Representatives or the Committee on Environment and 
Public Works of the Senate, the Comptroller General shall 
report on the information and data provided pursuant to 
subsection (b). The review shall consider, among other re-
quested elements— 
(1) the reliability of the data provided pursuant 
to subsection (b); and 
(2) an assessment of any analyses provided pur-
suant to subsection (b). 
(d) ACCESS TO INFORMATION.—The Administrator 
shall provide the Comptroller General any additional data 
and information requested by the Comptroller General to 
carry out subsection (c). The Comptroller General shall 
notify the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Environment and Public Works of the Senate if the 
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Administrator of General Services fails to provide data, 
analyses, or other information required under this section. 
SEC. 204. REDUCTION IN PERSONNEL. 
Not later than fiscal year 2015, the Administrator 
of General Services shall reduce the total number of full 
time equivalent positions of the Public Buildings Service 
to 6,000. 
TITLE III—ELIMINATION OF 
WASTE AND ABUSE 
SEC. 301. PROHIBITION ON BONUSES. 
(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.— 
‘‘(1) IN GENERAL.—Unless specifically author-
ized by Congress in a given fiscal year, no funds in 
the Federal Buildings Fund may be available for bo-
nuses, performance awards, or similar expenditures 
for members of the Senior Executive Service. 
‘‘(2) TERMINATION.—This subsection shall 
cease to be effective on October 1, 2014.’’. 
(b) RESTRICTIONS
ON CONFERENCES
AND TRAV-
EL.—Chapter 33 of title 40, United States Code, as 
amended by section 101 of this Act, is further amended 
by adding at the end the following: 
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‘‘SEC. 3318. RESTRICTIONS ON CONFERENCES AND TRAVEL. 
‘‘(a) IN GENERAL.— 
‘‘(1) 
NOTIFICATION
REGARDING
CON-
FERENCES.—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 a writ-
ten notification not less than 30 days before entering 
into any contract related to any conference that in-
cludes personnel of the Public Buildings Service. 
The notification shall include the following: 
‘‘(A) The purpose of the conference. 
‘‘(B) A detailed budget for the conference, 
including related travel, lodging, and per diem 
costs. 
‘‘(C) The expected number of participants. 
‘‘(D) The location and length of the con-
ference. 
‘‘(E) Any expected non-Federal funding or 
sponsorships. 
‘‘(2) CONFERENCE REVIEW.—Not later than 60 
days after each conference referred to in subsection 
(a), the Administrator shall submit to the commit-
tees identified in subsection (a) the following: 
‘‘(A) Details on the actual expenditures 
and costs of the conference and a comparison to 
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the budget submitted pursuant to paragraph 
(1). 
‘‘(B) The actual number of participants of 
the Public Buildings Service, including job title 
and classifications, and associated travel, lodg-
ing, and per diem costs. 
‘‘(C) An agenda of conference program-
ming and events.’’. 
(c) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing: 
‘‘3318. Restrictions on conference and travel.’’. 
SEC. 302. LIMITATION ON INTERNSHIPS. 
(a) RESTRICTION ON INTERNS.—Through fiscal year 
2015, the Public Buildings Service shall have not more 
than 50 individuals, paid or un-paid, participating in any 
intern program, recent graduate program, or Presidential 
Management Fellow program, or similar program in any 
given fiscal year. 
(b) INSPECTOR GENERAL REVIEW.—The Inspector 
General of the General Services Administration shall re-
view the Public Buildings Service’s internship program, 
recent graduate program and Presidential Management 
Fellow program and any similar program and report to 
the Committee on Transportation and Infrastructure of 
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the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate on the following: 
(1) The costs associated with the programs. 
(2) Value added to the Public Buildings Service 
of the programs. 
(3) Recommendations on improving the pro-
grams. 
(4) Compliance with Federal hiring laws, prac-
tices, and standards. 
TITLE 
IV—IMPROVING 
TRANS-
PARENCY 
AND 
ACCOUNT-
ABILITY 
SEC. 401. ADMINISTRATIVE COSTS SPECIFIED. 
(a) ADMINISTRATIVE COSTS SPECIFIED.—Section 
592(c) of title 40, United States Code, is amended by add-
ing at the end the following: 
‘‘(5) EXCEPTION
FOR
ADMINISTRATIVE
EX-
PENSES.—Notwithstanding paragraph (1), deposits 
in the Fund may not be used for administrative ex-
penses of the Public Buildings Service unless an 
amount specified for such expenses is specifically au-
thorized annually.’’. 
(b) REPORTING OF ADMINISTRATIVE EXPENSES.— 
Section 3307 of title 40, United States Code, is amended 
by adding at the end the following: 
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‘‘(i) BUDGET PROPOSAL OF ADMINISTRATIVE EX-
PENSES.— 
‘‘(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 Infrastruc-
ture of the House of Representatives, the Com-
mittee 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 fol-
lowing: 
‘‘(A) A breakdown of proposed admin-
istrative expenses of the Public Buildings 
Service and the expenses of the previous 
fiscal year, including a breakdown of object 
classification and subclassification to in-
clude salaries, bonuses, travel and trans-
portation, training, and conferences. 
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‘‘(B) A breakdown as described in 
subparagraph (A) for the Public Buildings 
Service headquarters, Commissioner’s of-
fice, and each of the regional offices. 
‘‘(C) A breakdown of proposed staff-
ing levels, including the number of full- 
time equivalents and 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 
such expenses for the prior fiscal year. 
‘‘(D) A detailed justification for any 
proposed increase in administrative ex-
penses or staffing. 
‘‘(3) 
ADMINISTRATIVE
COST
CAT-
EGORIES.—The budget proposal information de-
scribed in paragraph (2) shall provide the re-
quired information consistent with the following 
administrative cost categories: 
‘‘(A) Building Operations and Mainte-
nance, including cleaning, utilities and 
fuels, and maintenance. 
‘‘(B) Salaries and Expenses, including 
other building services, space acquisition, 
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staff support, and information technology 
services.’’. 
SEC. 402. LIMITATION ON AUTHORIZATIONS. 
Section 3307 of title 40, United States Code, as 
amended by section 401(b) of 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 Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate pursuant to subsection 
(a) such resolution approvals shall be deemed expired.’’. 
SEC. 403. LIMITATION ON CERTAIN LEASING AUTHORITIES. 
(a) LIMITATION ON LEASING AUTHORITY OF OTHER 
AGENCIES.—Chapter 33 of title 40, United States Code, 
is further amended by adding at the end the following: 
‘‘§ 3319. Limitation on leasing authority of other 
agencies 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, no executive agency may lease space for the 
purposes of a public building as defined under section 
3301, except as provided under section 585, and the provi-
sions of this chapter. 
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‘‘(b) PUBLIC BUILDING.—For the purposes of this 
section, the term ‘public building’ includes leased space. 
‘‘(c) FURTHER 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 agen-
cies to enter into leases or limit the authority of the Ad-
ministrator under section 3314.’’. 
(b) SMALL BUSINESSES.—When using commercial 
leasing services, the Administrator shall adhere to the re-
quirements of the Small Business Act (15 U.S.C. et seq.). 
(c) CLERICAL AMENDMENT.—The analysis for such 
chapter, as amended by section 301 of this Act, is further 
amended by adding at the end: 
‘‘3319. Limitation on leasing authority of other agencies.’’. 
SEC. 404. UTILIZATION RATES. 
(a) MEASUREMENT OF SPACE UTILIZATION.—Not 
later than 6 months after the date of enactment of this 
Act, 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 
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as performance metrics by owned and leased buildings and 
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 Federal 
employee. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the Ad-
ministrator shall report to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate utilization rates measured pursuant to sub-
section (a) and performance metrics for owned and leased 
buildings. 
(d) CERTIFICATION.—The Administrator and tenant 
Federal agencies shall, not later than 6 months after the 
date of enactment of this Act, and every 6 months there-
after, certify in writing to the appropriate committees of 
Congress the actual number of personnel housed in each 
building, leased or owned, in the inventory of the General 
Services Administration. Such written certification shall 
detail the number of Federal employees, number of tem-
porary employees, number of contractors, and number of 
any other non-Federal employees. 
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