[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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