[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6430 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Buildings Reform Act of
2012''.
TITLE I--REDUCTION OF FEDERAL SPACE FOOTPRINT
SEC. 101. REQUIRED OFFSETS FOR NEW SPACE.
(a) Offsets and Reduction of Space Inventory.--At the end of
chapter 33 of title 40, United States Code, add the following:
``Sec. 3317. Offsets and reduction of space inventory
``(a) Information in Prospectus.--Any prospectus 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 elimination of
at least a corresponding amount of space.
``(b) Reduction in Leased and Owned Property.--Each calendar year
through 2016, the Administrator 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 Representatives and the Committee on
Environment and Public Works of the Senate a report detailing the
reductions for the previous year.''.
(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 following:
``(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
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) Limitation on below-prospectus level.--
``(A) Restriction on rental rate.--The
Administrator may not lease space at an amount
below the average annual rental rate
established pursuant to subsections (a) and (h)
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 in writing at least 10
days before executing 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 reports detailing the maximum rental
rates established by the Administrator by
geographical location.
``(4) Limitation on other below-prospectus level
projects.--At least 30 days before entering into any lease-
construction agreement, regardless of the thresholds
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. 202. 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 November 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 obligation of funds or actions taken for site acquisition,
design, excavation, demolition, or preliminary site work and in
accordance with paragraph (2).
(2) Courtroom sharing requirements.--The term ``courtroom
sharing requirements'' means--
(A) in courthouses with 10 or more active district
judges, 2 courtrooms per 3 active district judges;
(B) in courthouses with 2 or more bankruptcy
judges, 2 courtrooms per 3 bankruptcy judges;
(C) in courthouses with 2 or more senior district
judges, 1 courtroom per 2 senior district judges; and
(D) in courthouses with 2 or more magistrate
judges, 1 courtroom per 2 magistrate judges.
(c) United States Courts Design Guide.--Not later than 6 months
after the date of enactment of this Act, the Design Guide for
courthouses shall be updated to incorporate courtroom sharing to the
maximum extent practicable consistent with the requirements outlined in
subsection (b).
SEC. 203. REDUCING COSTS OF REAL ESTATE TRANSACTIONS.
(a) Use of Private Sector Expertise.--The Administrator of General
Services shall, to the maximum extent practicable, utilize customary
and industry real estate management and services, including the use of
a commercial real estate leasing brokerage and related property
management services.
(b) Reports.--The Administrator shall submit a report on a
quarterly basis to the Committee on Transportation 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 Administrator
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
procurement, 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 carried out
through commercial real estate agreements; and
(3) a breakdown of total time and costs of lease
procurements conducted by Federal full-time equivalent
employees and General Services Administration contract
employees assigned to manage transactions conducted internally,
and procurements conducted through commercial real estate
brokerage services through agreements with General Services
Administration and associated staffing costs of such
agreements. The analysis of costs shall include costs of all
personnel, including the costs of salaries and benefits, office
and related space, travel, training, and other related costs
for all personnel directly or indirectly 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, superseding
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 selection 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' modifications; and
(D) internal policy shifts and other changes that
may affect the timing of such transactions so that an
accurate comparison may be conducted between the
differences of procurements conducted by in-house and
contract personnel under the control of the
Administration, 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 requested
elements--
(1) the reliability of the data provided pursuant to
subsection (b); and
(2) an assessment of any analyses provided pursuant 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 Infrastructure
of the House of Representatives and the Committee on Environment and
Public Works of the Senate if the 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 authorized by
Congress in a given fiscal year, no funds in the Federal
Buildings Fund may be available for bonuses, 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 Travel.--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:
``SEC. 3318. RESTRICTIONS ON CONFERENCES AND TRAVEL.
``(a) In General.--
``(1) Notification regarding conferences.--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
written notification not less than 30 days before entering into
any contract related to any conference that includes 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 conference.
``(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 committees identified in subsection (a) the
following:
``(A) Details on the actual expenditures and costs
of the conference and a comparison to 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, lodging, and
per diem costs.
``(C) An agenda of conference programming and
events.''.
(c) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
``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 review 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 the House of Representatives and
the Committee on Environment 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 programs.
(4) Compliance with Federal hiring laws, practices, and
standards.
TITLE IV--IMPROVING TRANSPARENCY AND ACCOUNTABILITY
SEC. 401. 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 annually.''.
(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
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 expenses or
staffing.
``(3) Administrative cost categories.--The budget
proposal information described in paragraph (2) shall
provide the required information consistent with 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. 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 Committee 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:
``Sec. 3319. Limitation on leasing authority of other agencies
``(a) In General.--Notwithstanding any other provision 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 provisions of this chapter.
``(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 agencies to enter into leases or
limit the authority of the Administrator under section 3314.''.
(b) Small Businesses.--When using commercial leasing services, the
Administrator shall adhere to the requirements 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 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 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.--The Administrator and tenant Federal agencies
shall, not later than 6 months after the date of enactment of this Act,
and every 6 months thereafter, 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 temporary employees, number of
contractors, and number of any other non-Federal employees.
(e) Increase in Rental Payments.--If a tenant Federal agency fails
to submit required utilization information, the Administrator may
increase the rent for any property occupied by such tenant agency by 5
percent for a period of 6 months.
(f) Database.--
(1) In general.--The Administrator shall maintain a current
database of utilization rates and metrics developed pursuant to
this section.
(2) Accessibility.--The database base 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.
SEC. 405. LIMITATION ON SPACE ACQUISITIONS AND LEASING.
(a) Limitation on Acquisitions.--Chapter 33 of title 40, United
States Code, is further amended by adding at the end the following:
``Sec. 3320. Limitation on acquisitions
``(a) Authorization Necessary.--Notwithstanding the provisions of
this title or any other provision of Federal law, the Administrator of
General Services may not construct, repair, alter, or acquire by lease,
purchase or otherwise, a public building or space for which a
prospectus is required pursuant to section 3307, unless the particular
project or space acquisition is specifically authorized by Congress,
including through incorporation by reference into the relevant
legislation.
``(b) Exception.--Notwithstanding subsection (a), the Administrator
may enter into an extension lease, if necessary, not to exceed 5
years.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
``3320. Limitation on acquisitions.''.
SEC. 406. VACANT BUILDINGS.
(a) Reports on Vacant Buildings.--Chapter 33 of title 40, United
States Code, is further amended by adding at the end the following:
``SEC. 3321. REPORTS ON VACANT PUBLIC BUILDINGS.
``Not later than March 1 of each year, the Administrator of the
General Services Administration shall provide 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
public buildings in the inventory of the Administrator that have been
vacant, based on actual utilization, for 2 or more years before the
respective report. The report shall include--
``(1) a list of vacant public buildings based on actual
utilization;
``(2) the square footage of each building;
``(3) the location of each building;
``(4) the annual operating costs for each building; and
``(5) any plans associated with each building.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
``3321. Limitation on acquisitions.''.
SEC. 407. ELIMINATING PROJECT ESCALATIONS.
Section 3307(c) of title 40 United States Code is amended by adding
at the end of the paragraph 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 an increase more than 5 percent of the
estimated maximum cost or of any increase or decrease in scope or size
of 5 or more percent. Such notification shall include an explanation
regarding any such increase or decrease.''.
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