H.R. 6430 (112th): Public Buildings Reform Act of 2012

112th Congress, 2011–2013. Text as of Sep 19, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 6430

IN THE HOUSE OF REPRESENTATIVES

September 19, 2012

(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.

1.

Short title

This Act may be cited as the Public Buildings Reform Act of 2012.

I

Reduction of Federal Space Footprint

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:

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.

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(b)

Clerical amendment

The analysis for such chapter is amended by adding at the end the following:

3317. Offsets and reduction of space inventory.

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II

Minimizing Costs of Federal Space

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.

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(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.

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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).

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.

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.

III

Elimination of Waste and Abuse

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.

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(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:

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.

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(c)

Clerical amendment

The analysis for such chapter is further amended by adding at the end the following:

3318. Restrictions on conference and travel.

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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.

IV

Improving Transparency and Accountability

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.

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(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.

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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.

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403.

Limitation on certain leasing authorities

(a)

Limitation on leasing authority of other agencies

Chapter 33 of title 40, United States Code, is further amended by adding at the end the following:

3319.

Limitation on leasing authority of other agencies

(a)

In general

Notwithstanding any other 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.

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(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.

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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.

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:

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.

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(b)

Clerical amendment

The analysis for such chapter is further amended by adding at the end the following:

3320. Limitation on acquisitions.

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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:

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.

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(b)

Clerical amendment

The analysis for such chapter is further amended by adding at the end the following:

3321. Limitation on acquisitions.

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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..