(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Public Buildings Savings and Reform Act of 2013 - Sets forth new requirements for the purchase or lease of federal office space, for limiting rental costs for such space, and for suspending the construction of new courthouses.
(Sec. 2) Requires any prospectus that proposes new federal office space in FY2014-FY2017, whether leased or owned, to contain information outlining the details of the elimination of at least a corresponding amount of space. Prohibits the Administrator of the General Services Administration (GSA) from increasing the size or amount of GSA's real property inventory as compared to the FY2012 real property baseline, except for space offsets specifically identified or for emergency or national security purposes determined by the President.
(Sec. 3) Prohibits the Administrator from leasing space at an amount below the average annual rental rate thresholds that exceeds the maximum rental rate established for the respective geographical location, unless notification is given to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works (Committees) in writing at least 10 days before the execution of such lease. Requires the Administrator, not less than 30 days before entering into any lease-construction agreement, to notify the Committees of the intent to enter into such an agreement.
(Sec. 4) Requires the Administrator to submit a list to the Committees of all leases, including lease-construction agreements, entered into by GSA for the previous fiscal year, with information on the size of the space, location, and annual rental rates.
(Sec. 5) Requires the Administrator to include in the prospectus submitted to Congress for a proposed federal building a justification for the space requested.
(Sec. 6) Prohibits the Administrator from beginning construction of any new courthouse if: (1) construction has not begun on or before the date of enactment of this Act, and (2) the design and construction of the new courthouse fails to comply with specified courtroom sharing requirements.
(Sec. 7) Directs the Inspector General of GSA to review the the Public Buildings Service's (PBS's) internship program, recent graduate program, and any similar program and report to the Committees on the costs associated with each program, the value added to PBS by the programs, recommendations on improving the programs, and compliance with federal hiring laws, practices, and standards.
(Sec. 8) Prohibits funds in the Federal Buildings Fund from being made available for bonuses, performance awards, or similar expenditures for a member of the Senior Executive Service until the Administrator reports the findings and conclusions of a review of PBS's system of awarding bonuses and performance awards.
Requires the Administrator to submit to the Committees a report on conferences proposed to be hosted by PBS for the subsequent fiscal year, including the purpose of, and a detailed budget for, each conference.
(Sec. 9) Requires the Administrator to submit a proposed budget for PBS administrative expenses for the following fiscal year. Prohibits amounts from the Federal Buildings Fund from being used for PBS administrative expenses unless a specific amount is authorized for a given fiscal year.
(Sec. 10) Terminates resolution approvals for projects adopted by the Committees unless a lease is executed or a construction, alteration, repair, design, or acquisition project is initiated with five years of such approvals.
(Sec. 11) Limits the authority of executive agencies to lease space for a public building. Requires the Administrator to comply with requirements of the Small Business Act when using commercial leasing services.
Authorizes the Administrator to delegate authority to manage the procurement of leases to an appropriate executive agency. Requires the Administrator to report to the Committees on the effectiveness of such delegation authority.
(Sec. 12) Requires the Administrator: (1) to develop, implement, and report on a method of measuring actual utilization rates of GSA's 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; (2) with tenant agencies, to certify annually the actual number of personnel housed in each building in the GSA inventory; (3) to maintain a database of utilization rates and metrics; and (4) to submit to the Committees all agency Real Property Cost Savings and Innovation Plans submitted pursuant to the Management Procedures Memorandum 2013-02 of the Office of Management and Budget (OMB).
(Sec. 13) Requires the Administrator to notify the Committees of: (1) any increase of more than 5% of an estimated maximum cost, or (2) any increase or decrease of 5% or more in the scope or size of a project. Prohibits any increase or decrease of more than 10% in the scope or size of a project unless an amended prospectus is submitted and approved.
(Sec. 14) Requires the Administrator to report to the Committees on how PBS, through its acquisition activities, conserves existing urban, suburban, and rural resources, encourages the development and redevelopment of urban, suburban, and rural areas, and reduces costs to PBS and improves the social, economic, environmental, and cultural conditions of the communities in such areas.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2612 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2612
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
_______________________________________________________________________
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Subcommittee on Economic Development, Public Buildings and Emergency Management Discharged.
Reported by the Committee on Transportation and Infrastructure. H. Rept. 113-656.
Reported by the Committee on Transportation and Infrastructure. H. Rept. 113-656.
Placed on the Union Calendar, Calendar No. 493.
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