[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2481 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2481

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 1998

  Mr. Baucus (for himself, Mr. Chafee, and Mr. Warner) 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, 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 
1998''.

SEC. 2. SITE SELECTION.

    Section 5 of the Public Buildings Act of 1959 (40 U.S.C. 604) is 
amended by adding at the end the following:
    ``(d) Consideration of Costs.--In selecting a site for a project to 
construct, alter, or acquire a public building, or to lease office or 
any other type of space, under this Act, the Administrator shall 
consider the impact of the selection of a particular site on the cost 
and space efficiency of the project.''.

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 last sentence;
                    (B) in the first sentence, by striking ``In order'' 
                and inserting the following:
            ``(2) Prerequisites to obligation of funds.--
                    ``(B) Approval requirements.--
                            ``(i) Construction, alteration, and 
                        acquisition.--In order'';
                    (C) in the second sentence, by striking ``No'' and 
                inserting the following:
                            ``(ii) Lease.--No'';
                    (D) in the third sentence, by striking ``No'' and 
                inserting the following:
                            ``(iii) Alteration.--No'';
                    (E) by striking ``Sec. 7. (a)'' and inserting the 
                following:

``SEC. 7. SUBMISSION AND APPROVAL OF PROPOSED PROJECTS.

    ``(a) In General.--
            ``(1) Public buildings plan.--
                    ``(A) In general.--Not later than 15 days after the 
                President submits to Congress the budget of the United 
                States Government under section 1105 of title 31, 
                United States Code, the Administrator shall submit to 
                Congress a public buildings plan (referred to in this 
                subsection as the `triennial plan') for the first 3 
                fiscal years that begin after the date of submission. 
                The triennial plan shall specify such projects for 
                which approval is required under paragraph (2)(B) 
                relating to the construction, alteration, or 
                acquisition of public buildings, or the lease of office 
                or any other type of space, as the Administrator 
                determines are necessary to carry out the duties of the 
                Administrator under this Act or any other law.
                    ``(B) Contents.--The triennial plan shall include--
                            ``(i) a 5-year strategic management plan 
                        for capital assets under the control of the 
                        Administrator that--
                                    ``(I) provides for accommodating 
                                the office space and other public 
                                building needs of the Federal 
                                Government; and
                                    ``(II) is based on procurement 
                                mechanisms that allow the Administrator 
                                to take advantage of fluctuations in 
                                market forces affecting building 
                                construction and availability;
                            ``(ii) a list--
                                    ``(I) in order of priority, of each 
                                construction or acquisition (excluding 
                                lease) project described in 
                                subparagraph (A) for which an 
                                authorization of appropriations is--
                                            ``(aa) requested for the 
                                        first of the 3 fiscal years of 
                                        the triennial plan referred to 
                                        in subparagraph (A) (referred 
                                        to in this paragraph as the 
                                        `first year');
                                            ``(bb) expected to be 
                                        requested for the second of the 
                                        3 fiscal years of the triennial 
                                        plan referred to in 
                                        subparagraph (A) (referred to 
                                        in this paragraph as the 
                                        `second year'); or
                                            ``(cc) expected to be 
                                        requested for the third of the 
                                        3 fiscal years of the triennial 
                                        plan referred to in 
                                        subparagraph (A) (referred to 
                                        in this paragraph as the `third 
                                        year'); and
                                    ``(II) that includes a description 
                                of each such project and the number of 
                                square feet of space planned for each 
                                such project;
                            ``(iii) a list of each lease or lease 
                        renewal described in subparagraph (A) for which 
                        an authorization of appropriations is--
                                    ``(I) requested for the first year; 
                                or
                                    ``(II) expected to be requested for 
                                the second year or third year;
                            ``(iv) a list, in order of priority, of 
                        each planned repair or alteration project
described in subparagraph (A) for which an authorization of 
appropriations is--
                                    ``(I) requested for the first year; 
                                or
                                    ``(II) expected to be requested for 
                                the second year or third year;
                            ``(v) an explanation of the basis for each 
                        order of priority specified under clauses (ii) 
                        and (iv);
                            ``(vi) the estimated annual and total cost 
                        of each project requested in the triennial 
                        plan;
                            ``(vii) a list of each public building 
                        planned to be wholly vacated, to be exchanged 
                        for other property, or to be disposed of during 
                        the period covered by the triennial plan; and
                            ``(viii) requests for authorizations of 
                        appropriations necessary to carry out projects 
                        listed in the triennial plan for the first 
                        year.
                    ``(C) Presentation of information in plan.--
                            ``(i) First year.--In the case of a project 
                        for which the Administrator has requested an 
                        authorization of appropriations for the first 
                        year, information required to be included in 
                        the triennial plan under subparagraph (B) shall 
                        be presented in the form of a prospectus that 
                        meets the requirements of paragraph (2)(C).
                            ``(ii) Second year and third year.--
                                    ``(I) In general.--In the case of a 
                                project for which the Administrator 
                                expects to request an authorization of 
                                appropriations for the second year or 
                                third year, information required to be 
                                included in the triennial plan under 
                                subparagraph (B) shall be presented in 
                                the form of a project description.
                                    ``(II) Good faith estimates.--
                                            ``(aa) In general.--Each 
                                        reference to cost, price, or 
                                        any other dollar amount 
                                        contained in a project 
                                        description referred to in 
                                        subclause (I) shall be 
                                        considered to be a good faith 
                                        estimate by the Administrator.
                                            ``(bb) Effect.--A good 
                                        faith estimate referred to in 
                                        item (aa) shall not bind the 
                                        Administrator with respect to a 
                                        request for appropriation of 
                                        funds for a fiscal year other 
                                        than a fiscal year for which an 
                                        authorization of appropriations 
                                        for the project is requested in 
                                        the triennial plan.
                                            ``(cc) Explanation of 
                                        deviation from estimate.--If 
                                        the request for an 
                                        authorization of appropriations 
                                        contained in the prospectus for 
                                        a project submitted under 
                                        paragraph (2)(C) is different 
                                        from a good faith estimate for 
                                        the project referred to in item 
                                        (aa), the prospectus shall 
                                        include an explanation of the 
                                        difference.
                    ``(D) Reinclusion of projects in plans.--If a 
                project included in a triennial plan is not approved in 
                accordance with this subsection, or if funds are not 
                made available to carry out a project, the 
                Administrator may include the project in a subsequent 
                triennial plan submitted under this subsection.'';
                    (F) in paragraph (2) (as designated by subparagraph 
                (B))--
                            (i) by inserting after ``(2) Prereq- 
                        uisites to obligation of funds.--'' the 
                        following:
                    ``(A) In general.--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 
                        triennial plan for the fiscal year; and
                            ``(ii) a prospectus for the project was 
                        submitted to Congress and approved in 
                        accordance with this paragraph.''; and
                            (ii) by adding at the end the following:
                    ``(C) Prospectuses.--For the purpose of obtaining 
                approval of a proposed project described in the 
                triennial plan, the Administrator shall submit to 
                Congress a prospectus for the project that includes--
                            ``(i) a brief description of the public 
                        building to be constructed, altered, or 
                        acquired, or the space to be leased, under this 
                        Act;
                            ``(ii) the location of the building to be 
                        constructed, altered, or acquired, or the space 
                        to be leased, and an estimate of the maximum 
                        cost, based on the predominant local office 
                        space measurement system (as determined by the 
                        Administrator), to the United States of the 
                        construction, alteration, or acquisition of the 
                        building, or lease of the space;
                            ``(iii) in the case of a project for the 
                        construction of a courthouse or other public 
                        building consisting solely of general purpose 
                        office space, the cost benchmark for the 
                        project determined under subsection (d); and
                            ``(iv) in the case of a project relating to 
                        a courthouse--
                                    ``(I) as of the date of submission 
                                of the prospectus, the number of--
                                            ``(aa) Federal judges for 
                                        whom the project is to be 
                                        carried out; and
                                            ``(bb) courtrooms available 
                                        for the judges;
                                    ``(II) the projected number of 
                                Federal judges and courtrooms to be 
                                accommodated by the project at the end 
                                of the 10-year period beginning on the 
                                date;
                                    ``(III) a justification for the 
                                projection under subclause (II) 
                                (including a specification of the 
                                number of authorized positions, and the 
                                number of judges in senior status, to 
                                be accommodated);
                                    ``(IV) the year in which the 
                                courthouse in use as of the date of 
                                submission of the prospectus reached 
                                maximum capacity by housing only courts 
                                and court-related agencies;
                                    ``(V) the level of security risk at 
                                the courthouse in use as of the date of 
                                submission of the prospectus, as 
                                determined by the Director of the 
                                Administrative Office of the United 
                                States Courts; and
                                    ``(VI) the termination date of any 
                                lease, in effect as of the date of 
                                submission of the prospectus, of space 
                                to carry out a court-related activity 
                                that will be affected by the 
                                project.''; and
                    (G) by adding at the end the following:
            ``(3) Emergency authority.--
                    ``(A) Overriding interest.--If the Administrator, 
                in consultation with the Commissioner of the Public 
                Buildings Service, determines that an overriding 
                interest requires emergency authority to construct, 
                alter, or acquire a public building, or lease office or 
                storage space, and that the authority cannot be 
                obtained in a timely manner through the triennial 
                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 Transportation 
                and Infrastructure of the House of Representatives. The 
                Administrator may carry out the project for which 
                authority was requested under the preceding sentence if 
                the project is approved in the manner described in 
                paragraph (2)(B).
                    ``(B) Declared emergencies.--
                            ``(i) Lease authority.--Notwithstanding any 
                        other provision of this section, the 
                        Administrator may enter into an emergency lease 
                        during any period of emergency declared by the 
                        President pursuant to the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5121 et seq.) or any other law, or 
                        declared by any Federal agency pursuant to any 
                        applicable law, except that no such emergency 
                        lease shall be for a period of more than 5 
                        years.
                            ``(ii) Reporting.--As part of each 
                        triennial plan, the Administrator shall 
                        describe any emergency lease for which a 
                        prospectus is required under paragraph (2) that 
                        was entered into by the Administrator under 
                        clause (i) during the preceding fiscal year.'';
            (2) in subsection (b)--
                    (A) by striking ``(b) The'' and inserting the 
                following:
    ``(b) Increases in Costs of Projects.--
            ``(1) Increase of 10 percent or less.--The''; and
                    (B) by adding at the end the following:
            ``(2) Greater increases.--If the Administrator increases 
        the estimated maximum cost of a project in an amount greater 
        than the increase authorized by paragraph (1), the 
        Administrator shall, not later than 30 days after the date of 
        the increase, notify the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives of the amount 
        of, and reasons for, the increase.'';
            (3) in subsection (c), by striking ``(c) In the case'' and 
        inserting the following:
    ``(c) Rescission of Approval.--In the case''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) Development of Cost Benchmarks.--
            ``(1) In general.--The Administrator shall develop standard 
        cost benchmarks for projects for the construction of 
        courthouses, and other public buildings consisting solely of 
        general purpose office space, for which a prospectus is 
        required under subsection (a)(2). The benchmarks shall consist 
        of the appropriate cost per square foot for low-rise, mid-rise, 
        and high-rise projects subject to the various factors 
        determined under paragraph (2).
            ``(2) Factors.--In developing the benchmarks, the 
        Administrator shall consider such factors as geographic 
        location (including the necessary extent of seismic structural 
        supports), the tenant agency, and necessary parking facilities, 
        and such other factors as the Administrator considers 
        appropriate.''.
    (b) Reports to Congress.--Section 11 of the Public Buildings Act of 
1959 (40 U.S.C. 610) is amended--
            (1) by striking ``Sec. 11. (a) Upon'' and inserting the 
        following:

``SEC. 11. REPORTS TO CONGRESS.

    ``(a) Reports on Uncompleted Projects.--Upon''; and
            (2) in subsection (b)--
                    (A) by striking ``(b) The Administrator'' and 
                inserting the following:
    ``(b) Building Project Surveys and Reports.--
            ``(1) In general.--The Administrator'';
                    (B) in the second sentence of paragraph (1) (as so 
                designated), by inserting before the period at the end 
                the following: ``, and shall specify whether the 
                project is included in a 5-year strategic capital asset 
                management plan required under section 7(a)(1)(B)(i) or 
                a prioritized list required under section 7(a)(1)(B)''; 
                and
                    (C) by adding at the end the following:
            ``(2) Inclusion of requested building projects in triennial 
        plan.--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 triennial public buildings 
        plan required under section 7(a)(1).''.
    (c) Technical and Conforming Amendments.--
            (1) Section 7 of the Public Buildings Act of 1959 (40 
        U.S.C. 606) is amended by striking ``Committee on Public Works 
        and Transportation'' each place it appears and inserting 
        ``Committee on Transportation and Infrastructure''.
            (2) Section 11(b)(1) of the Public Buildings Act of 1959 
        (as amended by subsection (b)(2)) is further amended by 
        striking ``Committee on Public Works and Transportation'' and 
        inserting ``Committee on Transportation and Infrastructure''.

SEC. 4. FEDERAL GOVERNMENT ASSET MANAGEMENT.

    Section 12 of the Public Buildings Act of 1959 (40 U.S.C. 611) is 
amended--
            (1) by striking ``Sec. 12. (a) The Administrator'' and 
        inserting the following:

``SEC. 12. FEDERAL GOVERNMENT ASSET MANAGEMENT.

    ``(a) Duties of Administrator.--
            ``(1) In general.--The Administrator'';
            (2) in subsection (a), by adding at the end the following:
            ``(2) Repository for asset management information.--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.'';
            (3) in subsection (b)--
                    (A) by striking ``(b) In carrying'' and inserting 
                the following:
    ``(b) Cooperation Among Federal Agencies.--
            ``(1) By the administrator.--In carrying'';
                    (B) by striking ``Each Federal'' and inserting the 
                following:
            ``(2) By the agencies.--Each Federal''; and
                    (C) by adding at the end the following:
            ``(3) Identification and disposition of unneeded real 
        property.--
                    ``(A) Identification.--Each Federal agency shall--
                            ``(i) identify real property that is or 
                        will become unneeded, obsolete, or 
                        underutilized during the 5-year period 
                        beginning on the date of the identification; 
                        and
                            ``(ii) annually report the information on 
                        the real property described in clause (i) to 
                        the Administrator.
                    ``(B) Disposition.--The Administrator shall analyze 
                more cost-effective uses for the real property 
                identified under subparagraph (A) and make 
                recommendations to the Federal agency concerning the 
                more cost-effective uses.'';
            (4) in subsection (c), by striking ``(c) Whenever'' and 
        inserting the following:
    ``(c) Identification of Buildings of Historic, Architectural, and 
Cultural Significance.--Whenever''; and
            (5) in subsection (d), by striking ``(d) The 
        Administrator'' and inserting the following:
    ``(d) Regard to Comparative Urgency of Need.--The Administrator''.

SEC. 5. ADDRESSING LONG-TERM GOVERNMENT HOUSING NEEDS.

    (a) Report on Long-Term Housing Needs.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and the end of each 2-year period 
        thereafter, the head of 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 the Administrator of 
        General Services (referred to in this Act as the 
        ``Administrator'') on the long-term housing needs of the 
        agency. The Administrator shall consolidate the agency reports 
        and submit a consolidated report to Congress.
            (2) Assistance and uniform standards.--The Administrator 
        shall--
                    (A) assist each agency in carrying out the review 
                required under paragraph (1); and
                    (B) prepare uniform standards for housing needs 
                for--
                            (i) executive agencies (as defined in 
                        section 13(4) of the Public Buildings Act of 
                        1959 (40 U.S.C. 612(4))); and
                            (ii) establishments in the judicial branch 
                        of the Federal Government.
    (b) Reduction in Aggregate Office and Storage Space.--By the end of 
the third fiscal year that begins after the date of enactment of this 
Act, the Federal agencies referred to in subsection (a)(1) shall, to 
the maximum extent practicable, collectively reduce by not less than 10 
percent the aggregate office and storage space used by the agencies 
(regardless of whether the space is leased or owned) on the date of 
enactment of this Act.

SEC. 6. DESIGN GUIDES AND STANDARDS FOR COURT ACCOMMODATIONS.

    (a) Report.--Not later than 60 days after the date of enactment of 
this Act, the Administrator, in consultation with the Director of the 
Administrative Office of the United States Courts, shall submit a 
report to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that specifies the characteristics of court 
accommodations that are essential to the provision of due process of 
law and the safe, fair, and efficient administration of justice by the 
Federal court system.
    (b) Design Guides and Standards.--
            (1) Development.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Director of the Administrative Office of the United States 
        Courts and after notice and opportunity for comment, shall 
        develop design guides and standards for Federal court 
        accommodations based on the report submitted under subsection 
        (a). In developing the design guides and standards, the 
        Administrator shall consider space efficiency and the 
        appropriate standards for furnishings.
            (2) Use.--Notwithstanding section 462 of title 28, United 
        States Code, the design guides and standards developed under 
        paragraph (1) shall be used in the design of court 
        accommodations.

SEC. 7. DESIGN OF FEDERAL COURTHOUSES.

    The Act entitled ``An Act establishing a Commission on Fine Arts'', 
approved May 17, 1910 (36 Stat. 371, chapter 243; 40 U.S.C. 104), is 
amended by inserting after the second sentence the following: ``It 
shall be the duty of the commission, not later than 60 days after 
submission of a conceptual design to the commission for a Federal 
courthouse at any place in the United States, to provide advice on the 
design, including an evaluation of the ability of the design to express 
the dignity, enterprise, vigor, and stability of the American 
Government appropriately and within the accepted standards of 
courthouse design.''.
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