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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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 Sav-
ings 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: 
‘‘§ 3317. Offsets and freeze of space inventory 
‘‘(a) INFORMATION
IN
PROSPECTUS.—Any pro-
spectus 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 informa-
tion 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.’’. 
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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 fol-
lowing: 
‘‘(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 Infrastruc-
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ture 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 Adminis-
trator shall submit, on an annual basis, to the 
Committee on Transportation and Infrastruc-
ture 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-PRO-
SPECTUS LEVEL PROJECTS.—Not less than 30 days 
before entering into any lease-construction agree-
ment, regardless of the threshold amounts estab-
lished pursuant to subsections (a) and (h), the Ad-
ministrator shall notify the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate, in writing, of the intention 
to enter into such agreement and include in the noti-
fication details of the project and any associated in-
formation.’’. 
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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: 
‘‘§ 3318. Reports on leases 
‘‘Not later than December 31 of each year, the Ad-
ministrator of General Services shall submit a list to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate of all leases, includ-
ing 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; 
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(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 exten-
sion, 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
COURT-
HOUSES.—Chapter 33 of title 40, United States Code, as 
amended by this Act, is further amended by adding at the 
end the following: 
‘‘§ 3319. 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 
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 sub-
section (b). 
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‘‘(b) COURTROOM SHARING REQUIREMENTS DE-
FINED.—The term ‘courtroom sharing requirements’ 
means— 
‘‘(1) in courthouses with 10 or more active dis-
trict 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 dis-
trict 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 ca-
pacity in the inventory of the General Services Adminis-
tration, existing space in the same courthouse complex 
must be fully utilized or relinquished from the inventory 
of the General Services Administration.’’. 
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(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 Ad-
ministration shall review the Public Buildings Service’s in-
ternship program, recent graduate program, and any simi-
lar program and 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 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 pro-
grams. 
(4) Compliance with Federal hiring laws, prac-
tices, 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, per-
formance awards, or similar expenditures for a member 
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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 Rep-
resentatives and the Committee on Environment and Pub-
lic Works of the Senate detailing— 
‘‘(1) the findings and conclusions of a review of 
the Public Building Service’s system of awarding bo-
nuses and performance awards; 
‘‘(2) actions to be taken by the Administrator 
to improve the system and ensure efficiency and ef-
fectiveness; and 
‘‘(3) a description of how the actions identified 
will resolve any inefficiencies identified.’’. 
(b) RESTRICTIONS
ON CONFERENCES
AND TRAV-
EL.—Chapter 33 of title 40, United States Code, as 
amended by this Act, is further amended by adding at the 
end the following: 
‘‘§ 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 Rep-
resentatives and the Committee on Environment and Pub-
lic Works of the Senate a report on conferences proposed 
to be hosted by the Public Buildings Service for the subse-
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quent 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, in-
cluding related travel, lodging, and per diem costs. 
‘‘(3) The expected number of participants, in-
cluding 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 sub-
section (a) including the following: 
‘‘(1) The actual expenditures and costs of each 
conference and a comparison to the budget sub-
mitted pursuant to subsection (a). 
‘‘(2) The actual number of participants of the 
Public Buildings Service in each conference and as-
sociated travel, lodging, and per diem costs. 
‘‘(3) An agenda of each conference program-
ming 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.’’. 
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SEC. 9. 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 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 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 Pub-
lic Buildings Service to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives, the Committee on Environment and Public 
Works of the Senate, and the Committees on Appro-
priations of the House of Representatives and the 
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‘‘(D) A detailed justification for any pro-
posed 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 Mainte-
nance, 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 Com-
mittee on Transportation and Infrastructure of the House 
of Representatives or the Committee on Environment and 
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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: 
‘‘§ 3321. Limitation on leasing authority of other 
agencies 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision 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 provi-
sions 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. 
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‘‘(d) CONSTRUCTION.—Nothing in this section shall 
be construed as creating new authority for executive agen-
cies 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 Ad-
ministrator determines that such agency has the ap-
propriate expertise and ability to do so and such del-
egation 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 provi-
sion of this chapter, including sections 592 and 
3307; and 
‘‘(3) the delegation authority under this sub-
section shall terminate on December 31, 2018. 
‘‘(f) REPORT.—Not later than 6 months before the 
termination date set forth in subsection (e)(3), the Admin-
istrator shall submit a report to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate. The report shall include an analysis 
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of the effectiveness of the delegation authority provided 
in this section, including— 
‘‘(1) a comparison of the costs and terms asso-
ciated with leases procured under the delegation au-
thority to the leases procured by the Public Build-
ings Service; 
‘‘(2) whether procurements delegated were con-
sistent with authorization limitations and param-
eters; 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: 
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‘‘§ 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 de-
velop and implement a method of measuring actual utiliza-
tion rates of its owned and leased inventory of public 
buildings space and a plan for incorporating such utiliza-
tion 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 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.—Not later than one year after 
the date of enactment of this section and every year there-
after, 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 
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