[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1760 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1760

  To amend the Public Buildings Act of 1959 to improve the process of 
constructing, altering, purchasing, and acquiring public buildings, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

 Mr. Metzenbaum (for himself, Mr. Simpson, and Mrs. Boxer) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Buildings Act of 1959 to improve the process of 
constructing, altering, purchasing, and acquiring public buildings, and 
                          for other purposes.

    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 
1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) as of the date of enactment of this Act, the General 
        Services Administration (referred to in this section as 
        ``GSA''), as the principal agency responsible for providing 
        office and storage space for Federal workers, controls over 
        7,700 Federal Government buildings and over 253,000,000 square 
        feet of office and storage space nationwide;
            (2) in order to carry out the essential housekeeping 
        functions of the Federal Government, for fiscal year 1994, GSA 
        expects to spend more than--
                    (A) $925,000,000 to construct, alter, purchase, and 
                acquire public buildings; and
                    (B) $2,000,000,000 on leases for space;
            (3) despite the enormous responsibilities and dedicated 
        work force of GSA, the agency has been plagued with inherent 
        structural weaknesses, internal management and operational 
        problems, frequent changes in leadership and direction, and 
        external pressures from other Federal agencies, the courts, and 
        Congress;
            (4) GSA lacks a strategic focus, does not operate in a 
        business-like manner, and has not developed a comprehensive 
        policy framework for managing the overall real estate portfolio 
        of the Federal Government of approximately 400,000 buildings;
            (5)(A) effective congressional oversight of GSA has been 
        lacking; and
            (B) funding and authorization of public building projects 
        by Congress has been conducted on a piecemeal basis, often 
        without adequate information or detail about actual costs or 
        how a project fits into a long-range plan for meeting the needs 
        of the Federal work force; and
            (6) the problems described in paragraphs (1) through (5) 
        have resulted in an inefficient and ineffective public 
        buildings program and a drain of millions of tax dollars.
    (b) Purposes.--The purposes of this Act are to--
            (1) ensure that, after the date of enactment of this Act, 
        the public building and leasing projects of the Federal 
        Government meet the needs of the Federal work force in a more 
        strategic, cost-effective manner;
            (2) strengthen congressional oversight of the real estate 
        activities of GSA by requiring GSA to provide Congress with 
        long-range public building plans and better information on 
        individual projects that are subject to section 7(a) of the 
        Public Buildings Act of 1959 (40 U.S.C. 606(a));
            (3) ensure that GSA serves as a central repository for the 
        asset management information of the Federal Government; and
            (4) require a report on encouraging competition in the 
        provision of Federal office and storage space to reduce the 
        overall costs of providing office and storage space for the 
        Federal Government.

SEC. 3. CONGRESSIONAL OVERSIGHT OF PUBLIC BUILDINGS PROJECTS.

    (a) In General.--Section 7 of the Public Buildings Act of 1959 (40 
U.S.C. 606) is amended--
            (1) in subsection (a)--
                    (A) by striking the fourth sentence;
                    (B) by designating the first, second, and third 
                sentences as clauses (i), (ii), and (iii), 
                respectively, of paragraph (2)(B);
                    (C) by inserting after ``(a)'' the following new 
                paragraph:
    ``(1)(A) Not later than February 1, 1995, and February 1 of every 
second year thereafter, the Administrator shall submit to Congress a 
biennial public buildings plan (referred to in this subsection as the 
`biennial plan'), for the first 2 fiscal years that begin after the 
date of submission, for such projects relating to the construction, 
alteration, purchase, or acquisition of public buildings, or the lease 
of office or storage space, as the Administrator determines are 
necessary to carry out the duties of the Administrator under this Act 
or any other provision of law.
    ``(B) The biennial plan shall include--
            ``(i) a strategic long-term capital asset management plan 
        for accommodating the public building needs of the Federal 
        Government which reflects office space demands and fluctuations 
        in market forces affecting building construction and 
        availability
            ``(ii) a list, in order of priority, of construction, 
        alteration, purchase, and acquisition projects subject to 
        paragraph (2) for which authorizations of appropriations are 
        requested for 1 or both of the 2 fiscal years referred to in 
        subparagraph (A), including a description of each project and 
        the number of square feet of space involved with respect to 
        each project;
            ``(iii) a list, in order of priority, of lease and lease 
        renewals for which authorizations of appropriations are 
        requested for 1 or both of 2 fiscal years referred to in 
        subparagraph (A);
            ``(iv) an explanation of the orders of priority specified 
        under clauses (ii) and (iii);
            ``(v) a list of all public buildings proposed to be vacated 
        in whole or in part, to be exchanged for other property, or to 
        be disposed of;
            ``(vi) a proposed budget for the repair and maintenance of 
        public buildings in existence on the date of the biennial plan;
            ``(vii) the estimated annual and total cost of each 
        project; and
            ``(viii) recommendations, prepared in consultation with the 
        Director of the Office of Management and Budget, with respect 
        to appropriations that are necessary to carry out the biennial 
        plan.
    ``(C)(i) The Administrator shall hold a public hearing, and certify 
in the biennial plan that the hearing was held, in the locality of each 
major construction, alteration, purchase, acquisition, or lease project 
included in the biennial plan.
    ``(ii) Each hearing shall--
            ``(I) examine--
                    ``(aa) the economic, social, and other effects and 
                benefits of the project to the locality; and
                    ``(bb) the consistency of the project with local 
                urban planning objectives; and
            ``(II) in the case of new construction, consider the impact 
        of the project on local commercial vacancy rates.
    ``(D) The Administrator shall include in the biennial plan, with 
respect to each project--
            ``(i) any final report that is required to be prepared 
        pursuant to any applicable federal law including any 
        environmental assessment or impact statement required pursuant 
        to the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.); and
            ``(ii) a report that indicates the consideration that was 
        given to facts and issues concerning the project and the 
        various alternatives that were raised during the hearing 
        required under subparagraph (C) or that were otherwise 
        considered.
    ``(E) If a project included in a biennial plan is not approved in 
accordance with this subsection, or if funds are not made available to 
carry out the project, the Administrator may include the project in the 
next biennial plan.'';
                    (D) in paragraph (2) (as designated by subparagraph 
                (B))--
                            (i) by inserting after ``(2)'' the 
                        following new subparagraph:
    ``(A) Notwithstanding any other provision of law, the Administrator 
may not obligate funds that are made available for any project for 
which approval is required under subparagraph (B) unless--
            ``(i) the project was included in the biennial plan for the 
        fiscal year; and
            ``(ii) a prospectus for the project was submitted to 
        Congress under subparagraph (C).'';
                            (ii) in subparagraph (B) (as designated by 
                        subparagraph (B))--
                                    (I) in clauses (i) and (ii) (as 
                                designated by subparagraph (B)), by 
                                striking ``$1,500,000'' each place it 
                                appears and inserting ``$1,000,000'';
                                    (II) in clause (i) (as designated 
                                by subparagraph (B)), by adding at the 
                                end the following new sentence: ``No 
                                funds may be used for the alteration of 
                                a public building to the extent that 
                                the cost of the alteration would result 
                                in an aggregate cost of alterations of 
                                the building in excess of $1,000,000 
                                over a 5-year period, unless the 
                                alteration has been approved in 
                                accordance with this clause.''; and
                                    (III) in clause (ii) (as designated 
                                by subparagraph (B)), by adding at the 
                                end the following new sentence: ``No 
                                funds may be used for the lease of 
                                space within a public building to the 
                                extent that the lease would result in 
                                an aggregate cost of the space leased 
                                within the building in excess of 
                                $1,000,000 annually, unless the lease 
                                for the additional space in the 
                                building has been approved in 
                                accordance with this clause.''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
    ``(C) For the purpose of obtaining approval of a proposed project 
under subparagraph (B), the Administrator shall transmit to Congress a 
prospectus of the project, including--
            ``(i) a brief description of the public building to be 
        constructed, altered, purchased, acquired, or the space to be 
        leased under this Act;
            ``(ii) the location of the public building or the space, 
        and a description of other alternative locations considered, 
        the costs of the alternative locations, and a brief explanation 
        of the rejection of the alternative locations;
            ``(iii) an estimate of the maximum cost, based on the 
        standards for measuring office space of the Building Owners and 
        Managers Association, to the Federal Government of the public 
        building to be constructed, altered, purchased, or acquired, or 
        the space to be leased;
            ``(iv) with respect to each alteration of a public 
        building--
                    ``(I) a description of each previous alteration and 
                the cost of the alteration;
                    ``(II) a statement of whether future expenditures 
                for which approval is required under subparagraph (B) 
                are anticipated to maintain the building; and
                    ``(III) the expected remaining useful life of the 
                building;
            ``(v) a comprehensive plan for providing space for all 
        Federal Government officers and employees in the locality of 
        the proposed public building or the space to be leased, after 
        considering suitable space that may continue to be available in 
        Federal Government-owned or occupied public buildings in 
        existence on the date of the plan;
            ``(vi) with respect to each project for the construction, 
        alteration, purchase, or acquisition of a public building, a 
        statement by the Administrator that suitable space owned by the 
        Federal Government is not available and that suitable rental 
        space is not available at a price commensurate with the price 
        of the proposed project;
            ``(vii) a descriptive analysis that outlines the rationale, 
        economics, and cost savings associated with selecting 
        construction, alteration, purchase, or acquisition of a public 
        building over each of the other alternatives, including a 
        certification by the Administrator that realistic economic 
        assumptions are utilized to justify a proposed project; and
            ``(viii) a statement of rents and other housing costs being 
        paid, as of the date of the prospectus, by the Federal 
        Government for the Federal agencies to be housed in the public 
        building to be constructed, altered, purchased, or acquired, or 
        the space to be leased.''; and
                    (E) by adding at the end the following new 
                paragraph:
    ``(3) If the Administrator, in consultation with the Commissioner 
of the Public Buildings Service, determines that an overriding economic 
or safety interest requires emergency authority to construct, alter, 
purchase, or acquire a public building, or lease office or storage 
space, and that the authority cannot be obtained in a timely manner 
through the biennial planning process required under paragraph (1), the 
Administrator may submit a written request for the authority to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Public Works of the House of Representatives. If Congress 
specifically provides the authority by Act of Congress, the 
Administrator may carry out the emergency project.'';
            (2) by striking subsection (b); and
            (3) by redesignating subsections (c) through (f) as 
        subsections (b) through (e), respectively.
    (b) Inclusion of Requested Building Projects in Biennial Plan.--
Section 11(b) of such Act (40 U.S.C. 610(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Administrator may include a prospectus for the funding of 
a public building project for which a report is submitted under 
paragraph (1) in a biennial public buildings plan required under 
section 7(a)(1).''.
    (c) Technical and Conforming Amendments.--
            (1) Section 4(b) of such Act (40 U.S.C. 603(b)) is amended 
        by striking ``$1,500,000'' and inserting ``$1,000,000''.
            (2)(A) Section 7 of such Act (40 U.S.C. 606) is amended--
                    (i) in subsection (a), by striking ``Committee on 
                Public Works of the Senate and House of 
                Representatives, respectively'' each place it appears 
                and inserting ``Committee on Environment and Public 
                Works of the Senate and the Committee on Public Works 
                and Transportation of the House of Representatives''; 
                and
                    (ii) in subsection (c)--
                            (I) by striking ``Committees on Public 
                        Works of the Senate and of the House of 
                        Representatives, respectively,'' and inserting 
                        ``Committee on Environment and Public Works of 
                        the Senate and the Committee on Public Works 
                        and Transportation of the House of 
                        Representatives''; and
                            (II) by striking ``Committee on Public 
                        Works of the Senate or the Committee on Public 
                        Works of the House of Representatives,'' and 
                        inserting ``Committee on Environment and Public 
                        Works of the Senate or the Committee on Public 
                        Works and Transportation of the House of 
                        Representatives''.
            (B) Section 11(b) of such Act (40 U.S.C. 610(b)) is amended 
        by striking ``Committee on Public Works of the Senate or the 
        Committee on Public Works of the House of Representatives'' and 
        inserting ``Committee on Environment and Public Works of the 
        Senate or the Committee on Public Works and Transportation of 
        the House of Representatives''.

SEC. 4. FEDERAL GOVERNMENT ASSET MANAGEMENT.

    Section 12 of the Public Buildings Act of 1959 (40 U.S.C. 611) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) The Administrator shall use the results of the continuing 
investigation and survey required under paragraph (1) to establish a 
central repository for the asset management information of the Federal 
Government.''; and
            (2) in subsection (b)--
                    (A) by designating the first and second sentences 
                as paragraphs (1) and (2), respectively; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3)(A) Each Federal agency shall--
            ``(i) identify unneeded, obsolete, and underutilized public 
        buildings; and
            ``(ii) annually report the information on the buildings 
        described in clause (i) to the Administrator.
    ``(B) The Administrator shall find more cost-effective uses for, or 
sell, the public buildings identified under subparagraph (A).''.

SEC. 5. DESIGNATION OF PUBLIC BUILDINGS OMBUDSMAN.

    The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended 
by adding at the end the following new section:

``SEC. 22. DESIGNATION OF PUBLIC BUILDINGS OMBUDSMAN.

    ``(a) In General.--The Administrator shall designate an official to 
act as ombudsman within the Public Buildings Service of the General 
Services Administration. The ombudsman shall carry out the duties 
described in subsection (b).
    ``(b) Duties.--The ombudsman designated under subsection (a) 
shall--
            ``(1) receive complaints, grievances, and requests for 
        information from the public with respect to matters relating to 
        public buildings and concerning private sector business 
        interests and contracting officers of the General Services 
        Administration;
            ``(2) make findings and render assistance with respect to 
        the complaints, grievances, and requests received under 
        paragraph (1); and
            ``(3) make such recommendations to the Administrator as the 
        ombudsman considers appropriate.''.

SEC. 6. REPORT ON ENDING GSA MONOPOLY WITH RESPECT TO PUBLIC BUILDINGS 
              PROJECTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Director of the Office of Management and Budget, in 
consultation with the Administrator of General Services, shall report 
to Congress on the feasibility and desirability of ending the monopoly 
of the General Services Administration with respect to providing office 
and storage space for Federal agencies, including whether the ending of 
the monopoly is necessary and would be cost-effective.
    (b) Plan.--If the report required under subsection (a) determines 
that it is feasible and desirable to end the monopoly, the Director 
shall submit a plan for ending the monopoly and provide recommendations 
for the implementation of the plan. The plan shall ensure at least an 
oversight role for the General Services Administration in determining 
the adequacy of the request of an individual agency for office or 
storage space and whether a proposed project with respect to space is 
in the best economic interests of taxpayers.

SEC. 7. ADDRESSING GOVERNMENT DOWNSIZING.

    (a) Report on Long-Term Housing Needs.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, each Federal agency (as defined in 
        section 13(3) of the Public Buildings Act of 1959 (40 U.S.C. 
        612(3)) shall review and report to Congress on the long-term 
        housing needs of the agency. The agency shall attempt to 
        provide for the reduction of the housing needs of the agency.
            (2) Assistance from account managers.--The Administrator of 
        General Services shall designate 2 account managers for each 
        agency to assist--
                    (A) the agency in carrying out the review required 
                under paragraph (1); and
                    (B) the Administrator in preparing uniform 
                standards for housing needs for--
                            (i) executive agencies (as defined in 
                        section 13(4) of such Act (40 U.S.C. 612(4)); 
                        and
                            (ii) establishments in the judicial branch 
                        of the Federal Government.
    (b) Reduction in Housing Costs.--By the end of the third fiscal 
year that begins after the date of enactment of this Act, each Federal 
agency referred to in subsection (a)(1) shall reduce by no less than 5 
percent--
            (1) the aggregate office and storage space held by the 
        agency on the date of enactment of this Act; or
            (2) the annual housing costs (including the costs of 
        energy, supplies, furniture, and minor repairs) of the agency, 
        as compared to the housing costs of the agency for the fiscal 
        year during which this Act was enacted.

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S 1760 IS----2