[Senate Prints 108-50]
[From the U.S. Government Publishing Office]



108th Congress 
 2d Session                 COMMITTEE PRINT                      S. Prt
                                                                 108-50
_______________________________________________________________________

                                     

 
                              RESOLUTIONS

                             ADOPTED BY THE
                              COMMITTEE ON

                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE


       APPROVING WATER PROJECTS AND PUBLIC BUILDING PROSPECTUSES

                       DURING THE 108th CONGRESS


                                     

                                     
                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13




  Printed for the use of the Committee on Environment and Public Works



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               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                                       
                      one hundred eighth congress
                  JAMES M. INHOFE, Oklahoma, Chairman
JOHN W. WARNER, Virginia             JAMES M. JEFFORDS, Vermont
CHRISTOPHER S. BOND, Missouri        MAX BAUCUS, Montana
GEORGE V. VOINOVICH, Ohio            HARRY REID, Nevada
MICHAEL D. CRAPO, Idaho              BOB GRAHAM, Florida
LINCOLN CHAFEE, Rhode Island         JOSEPH I. LIEBERMAN, Connecticut
JOHN CORNYN, Texas                   BARBARA BOXER, California
LISA MURKOWSKI, Alaska               RON WYDEN, Oregon
CRAIG THOMAS, Wyoming                THOMAS R. CARPER, Delaware
WAYNE ALLARD, Colorado               HILARY RODHAM CLINTON, New York
                Andrew Wheeler, Majority Staff Director
                 Ken Connolly, Minority Staff Director
                                 ------                                
  

  

                                  (ii)

  
                            C O N T E N T S

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             STATUTORY AUTHORITY FOR COMMITTEE RESOLUTIONS

Water resources resolutions:
    Title 16, United States Code, Sec.  1002. Definitions........     1
    Title 16, United States Code, Sec.  1009. Joint 
      investigations and surveys by Secretary of the Army and 
      Secretary of Agriculture; reports to Congress..............     2
    Title 33, United States Code, Sec.  542. Review by Board of 
      Engineers of reports on examinations and surveys and 
      special reports............................................     2
    Title 33, United States Code, Sec.  701b-7. Supplemental 
      reports to Senate Environment and Public Works Committee 
      and House Public Works and Transportation Committee........     3
    Title 42, United States Code. (The Public Health and 
      Welfare), Sec.  1962d-5. Water resources development 
      projects involving navigation, flood control, and shore 
      protection.................................................     3
Public buildings resolutions:
    Title 40. United States Code. (Public Buildings, Property, 
      and Works), Sec.  606. Approval of proposed projects by 
      Congress...................................................     4
    Title 40. United States Code. (Public Buildings, Property, 
      and Works), Sec.  610. Report to Congress; uncompleted 
      projects; building project surveys.........................     6

                 RESOLUTIONS APPROVED BY THE COMMITTEE

February 24, 2003:
  Public building resolutions:
    Leases:
        Multiple agencies, Denver, CO............................     8
        Department of Justice, Washington, DC....................     9
        Department of Justice, Washington, DC....................    10
        Department of Health and Human Services, Administration 
          for Children and Families, Washington, DC..............    11
        Office of Government Ethics and the Corporation for 
          National Service, Washington, DC.......................    12
        Department of Health and Human Services, Substance Abuse 
          and Mental Health Services Administration, Rockville, 
          MD.....................................................    13
        Department of Defense, Falls Church, VA..................    14
        Department of Defense, Arlington, VA.....................    15
        Department of Defense, Alexandria, VA....................    16
        Department of Defense, Missile Defense Agency, Arlington, 
          VA.....................................................    17
        Department of Defense, Secretary of the Army, Northern 
          Virginia...............................................    18
        Department of the Interior and the Department of 
          Commerce, Fairfax, VA..................................    19
        Department of State, Arlington, VA.......................    20
        Department of the Treasury, Financial Crimes Enforcement 
          Network, Fairfax, VA...................................    21
    Construction:
        Byron G. Roger Federal Building and Courthouse, Denver, 
          CO.....................................................    22
April 9, 2003:
  Public building resolutions:
    Leases:
        Department of Treasury, Internal Revenue Service, and 
          five leased locations in the Kansas City Metropolitan 
          area...................................................    24
July 30, 2003:
  Public building resolutions:
    Repair and alteration:
        Wilbur J. Cohen Building, Forrestal Building, and 
          Theodore Roosevelt Building, Washington, DC and 
          Department of Energy, Germantown, MD...................    26
        Byron G. Rogers Federal Building, Denver, CO.............    27
        320 First Street Building, Washington, DC................    28
        Federal Office Building, Washington, DC..................    29
        Main Interior Building, Washington, DC...................    30
        Eisenhower Executive Office Building, Washington, DC.....    31
        1724 F Street, Washington, DC............................    32
        Richard B Russell Federal Building, Atlanta, GA..........    33
        Everett M. Dirksen Courthouse & John C. Kluczynski 
          Federal Building, Chicago, IL..........................    34
        Paul H. Findley Federal Building, U.S. Courthouse, 
          Springfield, IL........................................    35
        John W. McCormack Post Office and Courthouse, Boston, MA.    36
        Emanuel Celler Courthouse, Brooklyn, NY..................    37
        Federal Building Post Office, Fargo, ND..................    38
        John W. Bricker Federal Building, Columbus, OH...........    39
        Building 7, Auburn Federal Complex, Auburn, WA...........    40
        Henry M. Jackson Federal Building, Seattle, WA...........    41
    Design and/or Construction:
        Various projects.........................................    43
        San Ysidro U.S. Border Station in San Diego County, CA...    44
        U.S. Border Station, Jackman, ME.........................    45
        Department of Commerce, Bureau of the Census, Suitland, 
          MD.....................................................    46
        Ambassador Bridge Cargo Inspection Facility, Detroit, MI.    47
        U.S. Border Station, Champlain, NY.......................    48
        U.S. Border Station, Del Rio, TX.........................    49
        U.S. Border Station II, Eagle Pass, TX...................    50
        Federal Bureau of Investigation Field Office, Houston, TX    51
        Anzalduas Border Station, McAllen, TX....................    52
        Peace Arch U.S. Port of Entry, Blaine, WA................    53
    Leases:
        Department of Energy, Washington, DC.....................    54
        Department of State, Washington, DC......................    55
        Department of Transportation, Federal Railroad 
          Administration, Washington, DC.........................    56
        Department of Justice, Rockville, MD.....................    57
        Food and Drug Administration, Rockville, MD..............    58
        Food and Drug Administration, Rockville, MD..............    59
        Department of Commerce, National Oceanic and Atmospheric 
          Administration, Camp Springs, MD.......................    60
        Federal Bureau of Investigation, Las Vegas, NV...........    61
        Department of Defense, Park Center Office Building, 
          Alexandria, VA.........................................    62
        Department of Defense, Falls Church, VA..................    63
        Environmental Protection Agency, Arlington, VA...........    64
        U.S. Marshals Service, Arlington, VA.....................    65
        Social Security Administration, Southeastern Program 
          Service Center, Birmingham, AL.........................    66
        Department of Agriculture, Riverdale, MD.................    67
March 10, 2004:
  Public building resolution:
    Construction:
        United States Courthouse, Orlando, FL....................    69
April 7, 2004:
  Water resolution:
        Project for flood protection, water quality, soil 
          conservation, and other purposes at Departee Creek 
          Watershed, Arkansas....................................    71
June 23, 2004:
  Water resolutions:
        Sac and Fox Nation, Oklahoma.............................    73
        Condit Dam, White Salmon River, Washington...............    74
        Delaware River Watershed, Pennsylvania...................    75
        Potomac River Watershed, Pennsylvania....................    76
        Little Narragansett Bay, Rhode Island and Connecticut....    77
        Susquehanna River Watershed, Pennsylvania................    78
        Central City, Texas......................................    79
        Clear Creek and Tributaries, Texas.......................    80
        Coastal Texas Protection and Restoration Study...........    81
        Harris Gully, Texas......................................    82
        North Padre Island, Texas................................    83
        Nueces River and Tributaries, Texas......................    84
        Land and Water Resources of Vermont......................    85
        Connecticut River Basin, New Hampshire, Vermont, 
          Massachusetts, and Connecticut.........................    86
        Ilwaco Channel Extension, Baker Bay Study, Washington....    87
        Kenai River Flood Erosion Control, Alaska................    88
        Tupelo, Mississippi......................................    89
        Lake Sakakawea and Oahe, North Dakota....................    90
        Elizabeth River Watershed, New Jersey....................    91
        Lowell Creek Tunnel, Alaska..............................    92
        Nelson Lagoon, Alaska....................................    93
        St. George Island, Alaska................................    94
        Chactawhatchee and Pea River Basins, Alabama and Florida.    95
        Russian River Basin, California..........................    96
        San Francisquito Creek, California.......................    97
        Santa Monica Bay, California.............................    98
        Battle Bend Cutoff Apalachicola - Chattahoochee - Flint 
          Rivers, Georgia and Florida............................    99
        Fort Hall Bottoms, Idaho.................................   100
        Chicago River System Restoration Management Plan, 
          Illinois...............................................   101
        Kaskaskia River Basin Restoration, Illinois..............   102
        Grand Isle, Louisiana....................................   103
        Third Delta Conveyance, LA...............................   104
        Fall River Harbor, Massachusetts.........................   105
        Lower St. Anthony Falls Rapids, Minneapolis, Minnesota...   106
        Red Falls Lake, Minnesota................................   107
        Little Blue River Basin, Missouri........................   108
        Chariton River Basin, Iowa and Missouri..................   109
        Grand River Basin, Iowa and Missouri.....................   110
        Cumulative Flooding Impacts Study, Metropolitan St. Louis 
          Missouri...............................................   111
        Lake Erie Waterfront, Euclid, Ohio.......................   112
        Indian Creek, Massieville, Ohio..........................   113
        Mystic Harbor, Connecticut...............................   114
  Public building resolutions:
    Construction:
        Jacob J. Javits Federal Building, New York, NY...........   116
        Prince Kuhio Federal Building and U.S. Courthouse, 
          Honolulu, HI...........................................   117
        United States District Court, Council Bluffs, Iowa.......   118
        U.S. Courthouse, Anniston, AL............................   119
        U.S. Courthouse, Charlotte, NC...........................   120
        U.S. Courthouse, Greenville, SC..........................   121
        U.S. Courthouse, Harrisburg, PA..........................   122
        U.S. Courthouse, Richmond, VA............................   123
        U.S. Courthouse, Rockford, IL............................   124
        U.S. Courthouse, San Antonio, TX.........................   125
        U.S. Court of Appeals, Atlanta, GA.......................   126
    Leases:
        Department of Health and Human Services, Administration 
          for Children and Families, Washington, DC..............   127
        Department of Justice, Washington, DC....................   128
        Department of Justice, Drug Enforcement Administration, 
          Miami, FL..............................................   129
        Department of the Navy, Washington, DC...................   130
        Federal Bureau of Investigation, San Antonio, TX.........   131
        Federal Bureau of Investigation, Falls Church, VA........   132
        National Institutes of Health, National Institute of 
          Allergy and Infectious Diseases, Bethesda, MD..........   133
        National Institutes of Health, Center for Scientific 
          Review and National Heart, Lung, and Blood Institute, 
          Bethesda, MD...........................................   134
        Food and Drug Administration, Rockville, MD..............   135
        Food and Drug Administration, Rockville, MD..............   136
        Food and Drug Administration, Rockville, MD..............   137
November 17, 2004:
  Water resolutions:
        Susquehanna River Watershed New York, Pennsylvania, and 
          Maryland...............................................   139
        Potomac River Watershed Virginia, Pennsylvania, and 
          Maryland...............................................   140
        Delaware River Watershed, New York, New Jersey, 
          Pennsylvania, and Delaware.............................   142
        Fort Hall Bottoms, Idaho.................................   141
  Public building resolutions:
    Repair and alteration:
        J. Edgar Hoover FBI Building, Washington, DC.............   144
        Eisenhower Executive Office Building, Washington, DC.....   146
        Federal Office Building 6, Washington, DC................   145
        Mary E. Switzer Memorial Federal Building, Washington, DC   147
        New Executive Office Building, Washington, DC............   148
        Theodore Roosevelt Building, Washington, DC..............   149
        Martin Luther King Jr. Federal Building, Atlanta, GA.....   150
        Historic Properties, Atlanta, GA.........................   151
        Hilo Federal Building-Post Office, Hilo, HI..............   152
        Hale Boggs Federal Building and Courthouse, New Orleans..   153
        John Minor Wisdom Court of Appeals, New Orleans, LA......   154
        George H. Fallon Federal Building, Baltimore, MD.........   155
        Washington National Record Center, Suitland, MD..........   156
        Social Security Administration National Headquarter, 
          Woodlawn, MD...........................................   157
        Warren E. Burger Federal Building and U.S. Courthouse, 
          St. Paul, MN...........................................   158
        Bannister Federal Complex, Kansas City, MO...............   159
        Richard Bolling Federal Building, Kansas City, MO........   160
        Daniel P. Moynihan U.S. Courthouse, New York, NY.........   161
        Joseph P. Addabbo Federal Building, Jamaica, NY..........   162
        Potter Stewart U.S. Courthouse, Cincinnati, OH...........   163
        Anthony J. Celebrezze Federal Building, Cleveland, OH....   164
        William K. Nakamura U.S. Courthouse, Seattle, WA.........   165
        Post Office Courthouse, Hot Springs, AR..................   166
        Page Belcher Federal Building, Tulsa, OK.................   167
        Bureau of Public Debt, Parkersburg, WV...................   168
        Eisenhower Executive Office Building, Washington, DC.....   169
        Federal Bureau of Investigation, Los Angeles, CA.........   170
        10 West Jackson Boulevard building, Chicago, IL..........   171
        U.S. Border Station, Calais, ME..........................   172
        U.S. Border Station, Madawaska, ME.......................   173
        U.S. Border Station, Warroad, MN.........................   174
        U.S. Border Station, Alexandria Bay, NY..................   175
    Construction:
        Various projects.........................................   177
        U.S. Border Station, Massena, NY.........................   178
        U.S. Border Station, Dunseith, ND........................   179
        U.S. Border Station, Portal, ND..........................   180
        Ysleta Border Station, El Paso, TX.......................   181
        Paso Del Norte Border Station, El Paso, TX...............   182
        U.S. Border Station, Richford, VT........................   183
        U.S. Border Station, Norton, VT..........................   184
        U.S. Border Station, Derby Line, VT......................   185
        Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
          Washington, DC.........................................   186
        U.S. Mission to the United States, New York, NY..........   187
        U.S. Courthouse, Los Angeles, CA.........................   188
        U.S. Courthouse Annex, San Diego, CA.....................   189
        U.S. Courthouse, Las Cruces, NM..........................   190
        U.S. Courthouse, El Paso, TX.............................   191
    Leases:
        Department of Interior, Bureau of Land Management, 
          Washington, DC.........................................   192
        Department of Education, Washington, DC..................   193
        Department of Homeland Security, Washington, DC..........   194
        Department of Justice, Washington, DC....................   195
        Department of Justice, Washington, DC....................   196
        Department of Justice, Washington, DC....................   197
        Internal Revenue Service, Washington, DC.................   198
        Surface Transportation Board, Washington, DC.............   199
        Department of Education, Chicago, IL.....................   200
        Department of Defense, Arlington, VA.....................   201
        Bureau of Prisons, Washington, DC........................   202
        U.S. Courts in Saipan, Commonwealth of the Northern 
          Mariana Islands........................................   203
        Executive Office of Immigration Review and the Department 
          of Homeland Security, Office of the General Counsel, 
          Miami, FL..............................................   204
        Thurgood Marshall U.S. Courthouse, New York, NY..........   206
        Department of Homeland Security, Frederick County, VA....   205
        Department of Defense, Arlington, VA.....................   207
        Bureau of Public Debt, Parkersburg, WV...................   208
        Department of Veterans Affairs, Washington, DC...........   209
        Federal Bureau of Investigation, Tampa, FL...............   210
        Internal Revenue Service, Philadelphia, PA...............   211
        Executive Office of the President, Northern Virginia.....   212
        Federal Bureau of Investigation, New York, NY............   213


STATUTORY AUTHORITY FOR RESOLUTIONS BY THE COMMITTEE ON ENVIRONMENT AND 
                              PUBLIC WORKS

                              ----------                              


                      WATER RESOURCES RESOLUTIONS

Title 16, United States Code
            Chapter 18. Watershed Protection and Flood Prevention
Sec.  1002. Definitions
    For the purposes of this chapter, the following terms shall 
mean: The ``Secretary''--the Secretary of Agriculture of the 
United States.
        ``Works of improvement''--any undertaking for--
        (1) Lflood prevention (including structural and land 
        treatment measures),
        (2) Lthe conservation, development, utilization, and 
        disposal of water, or
        (3) Lthe conservation and proper utilization of land, 
        in watershed or subwatershed area not exceeding two 
        hundred and fifty thousand acres and not including any 
        single structure which provides more than twelve 
        thousand five hundred acre-feet of floodwater detention 
        capacity, and more than twenty-five thousand acre-feet 
        of total capacity. No appropriation shall be made for 
        any plan involving an estimated Federal contribution to 
        construction costs in excess of $5,000,000, or which 
        includes any structure which provides more than twenty-
        five hundred acre-feet of total capacity unless such 
        plan has been approved by resolutions adopted by the 
        appropriate committees of the Senate and House of 
        Representatives: Provided, That in the case of any plan 
        involving no single structure providing more than 4,000 
        acre-feet of total capacity the appropriate committees 
        shall be the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate and the Committee on Agriculture 
        of the House of Representatives and in the case of any 
        plan involving any single structure of more than 4,000 
        acre-feet of total capacity the appropriate committees 
        shall be the Committee on Environment and Public Works 
        of the Senate and the Committee on Public Works and 
        Transportation of the House of Representatives, 
        respectively. Each project must contain benefits 
        directly related to agriculture, including rural 
        communities, that account for at least 20 percent of 
        the total benefits of the project. A number of such 
        subwatersheds when they are component parts of a larger 
        watershed may be planned together when the local 
        sponsoring organizations so desire.
    ``Local organization''--any State, political subdivision 
thereof, soil or water conservation district, flood prevention 
or control district, or combinations thereof, or any other 
agency having authority under State law to carry out, maintain 
and operate the works of improvement; or any irrigation or 
reservoir company, water users' association, or similar 
organization having such authority and not being operated for 
profit that may be approved by the Secretary; or any Indian 
tribe or tribal organization, as defined in section 450b of 
title 25, having authority under Federal, State, or Indian 
tribal law to carry out, maintain, and operate the works of 
improvement.

                             * * * * * * *

Title 16, United States Code
            Chapter 18. Watershed Protection and Flood Prevention
Sec.  1009. Joint investigations and surveys by Secretary of 
the Army and Secretary of Agriculture; reports to Congress
    The Secretary of the Army and the Secretary of Agriculture, 
when authorized to do so by resolutions adopted by the 
Committee on Environment and Public Works of the Senate or the 
Committee on Public Works and Transportation of the House of 
Representatives, are authorized and directed to make joint 
investigations and surveys in accordance with their existing 
authorities of watershed areas in the United States, Puerto 
Rico, and the Virgin Islands, and to prepare joint reports on 
such investigations and surveys setting forth their 
recommendations for the installation of the works of 
improvement needed for flood prevention or the conservation, 
development, utilization, and disposal of water, and for flood 
control and allied purposes. Such joint reports shall be 
submitted to the Congress through the President for adoption 
and authorization by the Congress of the recommended works of 
improvement: Provided, That the project authorization procedure 
established by this chapter shall not be affected.

                             * * * * * * *

Title 33, United States Code
            Chapter 12. River and Harbor Improvements
                Subchapter I. General Provisions
Sec.  542. Review by Board of Engineers of reports on 
examinations and surveys and special reports
    All reports on examinations and surveys authorized by law 
shall be reviewed by the Board of Engineers for Rivers and 
Harbors as provided for in section 541 of this title, and all 
special reports ordered by Congress shall, in the discretion of 
the Chief of Engineers, be reviewed in like manner by said 
board; and the said board shall also, on request by resolution 
of the Committee on Environment and Public Works of the Senate 
or the Committee on Public Works and Transportation of the 
House of Representatives, submitted to the Chief of Engineers, 
examine and review the report of any examination or survey made 
pursuant to any Act or resolution of Congress, and report 
thereon through the Chief of Engineers, United States Army, who 
shall submit his conclusions thereon as in other cases: 
Provided, That in no case shall the board, in its report thus 
called for by committee resolution, extend the scope of the 
project contemplated in the original report upon which its 
examination and review has been requested, or in the provision 
of law authorizing the original examination or survey.

                             * * * * * * *

Title 33, United States Code
            Chapter 15. Flood Control
Sec.  701b-7. Supplemental reports to Senate Environment and 
Public Works Committee and House Public Works Committee
    After the Secretary of Agriculture has submitted to 
Congress a regular or formal report made on any examination or 
survey, pursuant to the Flood Control Act approved June 22, 
1936, as amended and supplemented, a supplemental, additional, 
or review report or estimate may be made if authorized by law 
or by resolution of the Committee on Public Works and 
Transportation of the House of Representatives or the Committee 
on Environment and Public Works of the Senate.

                             * * * * * * *

Title 42. United States Code (The Public Health and Welfare)
            Chapter 19b. Water Resources Planning
                Subchapter IV. Miscellaneous Provisions
Sec.  1962d-5. Water resources development projects involving 
navigation, flood control, and shore protection

    (a) Construction, operation, and maintenance; limitation on 
estimated Federal first cost of construction; Congressional 
committee approval of projects; reports to Congress

    The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to construct, operate, and maintain 
any water resource development project, including single and 
multiple purpose projects involving, but not limited to, 
navigation, flood control, and shore protection, if the 
estimated Federal first cost of constructing such project is 
less than $15,000,000. No appropriation shall be made to 
construct, operate, or maintain any such project if such 
project has not been approved by resolutions adopted by the 
Committees on Public Works of the Senate and House of 
Representatives, respectively. For the purpose of securing 
consideration of such approval the Secretary shall transmit to 
Congress a report of such proposed project, including all 
relevant data and all costs.

    (b) Local cooperation requirements based on certain 
estimated Federal first cost of construction

    Any water resource development project authorized to be 
constructed by this section shall be subject to the same 
requirements of local cooperation as it would be if the 
estimated Federal first cost of such project were $15,000,000 
or more.
                              ----------                              


                      PUBLIC BUILDING RESOLUTIONS

Title 40. United States Code. (Public Buildings, Property, and Works)
            Chapter 12. Construction, Alteration, and Acquisition of 
                    Public Buildings
Sec.  606. Approval of proposed projects by Congress

    (a) Limitation of funds; transmission to Congress of 
prospectus of proposed project

    In order to insure the equitable distribution of public 
buildings throughout the United States with due regard for the 
comparative urgency of need for such buildings, except as 
provided in section 603 of this title, no appropriation shall 
be made to construct, alter, purchase, or to acquire any 
building to be used as a public building which involves a total 
expenditure in excess of $1,500,000 if such construction, 
alteration, purchase, or acquisition has not been approved by 
resolutions adopted by the Committee on Public Works of the 
Senate and House of Representatives, respectively. No 
appropriations shall be made to lease any space at an average 
annual rental in excess of $1,500,000 for use for public 
purposes if such lease has not been approved by resolutions 
adopted by the Committee on Public Works of the Senate and 
House of Representatives, respectively. No appropriation shall 
be made to alter any building, or part thereof, which is under 
lease by the United States for use for a public purpose if the 
cost of such alteration would exceed $750,000 unless such 
alteration has been approved by resolutions adopted by the 
Committee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives. For the purpose of securing consideration for 
such approval, the Administrator shall transmit to the Congress 
a prospectus of the proposed facility, including (but not 
limited to)--

        (1) La brief description of the building to be 
        constructed, altered, purchased, acquired, or the space 
        to be leased under this chapter;
        (2) Lthe location of the building or space to be leased 
        and an estimate of the maximum to the United States of 
        the facility to be constructed, altered, purchased, 
        acquired, or the space to be leased;
        (3) La comprehensive plan for providing space for all 
        Government officers and employees in the locality of 
        the proposed facility or the space to be leased, having 
        due regard for suitable space which may continue to be 
        available in existing Government-owned or occupied 
        buildings, especially such of those buildings as 
        enhance the architectural, historical, social, 
        cultural, and economic environment of the locality;
        (4) Lwith respect to any project for the construction, 
        alteration, purchase, or acquisition of any building, a 
        statement by the Administrator that suitable space 
        owned by the Government is not available and that 
        suitable rental space is not available at a price 
        commensurate with that to be afforded through the 
        proposed action;
        (5) La statement by the Administrator of the economic 
        and other justifications for not acquiring or 
        purchasing a building or buildings identified to the 
        Administrator pursuant to section 611(c) of this title 
        as suitable for the public building needs of the 
        Federal Government; and
        (6) La statement of rents and other housing costs 
        currently being paid by the Government for Federal 
        agencies to be housed in the building to be 
        constructed, altered, purchased, acquired, or the space 
        to be leased.

    (b) Increase of estimated maximum cost

    The estimated maximum cost of any project approved under 
this section as set forth in any prospectus may be increased by 
an amount equal to the percentage increase, if any, as 
determined by the Administrator, in construction, or alteration 
costs, as the case may be, from the date of transmittal of such 
prospectus to Congress, but in no event shall the increase 
authorized by this subsection exceed 10 per centum of such 
estimated maximum cost.

    (c) Rescission of approval for failure to make 
appropriations for project

    In the case of any project approved for construction, 
alteration, or acquisition by the Committees on Public Works of 
the Senate and of the House of Representatives, respectively, 
in accordance with subsection (a) of this section, for which an 
appropriation has not been made within one year after the date 
of such approval, either the Committee on Public Works of the 
Senate or the Committee on Public Works of the House of 
Representatives, may rescind, by resolution, its approval of 
such project at any time thereafter before such an 
appropriation has been made.

    (d) Emergency leases by the Administrator

    Nothing in this section shall be construed to prevent the 
Administrator from entering into emergency leases during any 
period declared by the President to require such emergency 
leasing authority, except that no such emergency lease shall be 
for a period of more than 180 days without approval of a 
prospectus for such lease in accordance with subsection (a) of 
this section.

    (e) Limitation on leasing certain space

        (1) General rule
          The Administrator may not lease any space to 
        accommodate--
                (A) Lcomputer and telecommunications 
                operations;
                (B) Lsecure or sensitive activities related to 
                the national defense or security, except in any 
                case in which it would be inappropriate to 
                locate such activities in a public building or 
                other facility identified with the United 
                States Government; or
                (C) La permanent courtroom, judicial chamber, 
                or administrative office for any United States 
                court; if the average rental cost of leasing 
                such space would exceed $1,500,000.
        (2) Exception
          The Administrator may lease any space with respect to 
        which paragraph (1) applies if the Administrator first 
        determines, for reasons set forth in writing, that 
        leasing such space is necessary to meet requirements 
        which cannot be met in public buildings and submits 
        such reasons to the Committee on Environment and Public 
        Works of the Senate and the Committee on Public Works 
        and Transportation of the House of Representatives.

    (f) Dollar amount adjustment

    Any dollar amount referred to in this section and section 
603(b) of this title may be adjusted by the Administrator 
annually to reflect a percentage increase or decrease in 
construction costs during the preceding calendar year, as 
determined by the composite index of construction costs of the 
Department of Commerce. Any such adjustment shall be 
expeditiously reported to the Committee on Environment and 
Public Works of the Senate and the Committee on Public Works 
and Transportation of the House of Representatives.

                             * * * * * * *

Title 40. United States Code. (Public Buildings, Property, and Works)
            Chapter 12 - Construction, Alteration, and Acquisition of 
                    Public Buildings
Sec.  610. Report to Congress; uncompleted projects; building 
project surveys
    (a) Upon the request of either House of Congress, or any 
committee thereof, and within a reasonable time, the 
Administrator shall submit a report showing the location, 
space, cost, and status, of each public building the 
construction, alteration, or acquisition of which is to be 
under authority of this chapter and which was uncompleted as of 
the date of the request, or as of such other date as the 
request may designate.
    (b) The Administrator and the United States Postal Service 
are authorized and directed to make such building project 
surveys as may be requested by resolution by either the 
Committee on Environment and Public Works of the Senate or the 
Committee on Public Works and Transportation of the House of 
Representatives, and within a reasonable time shall make a 
report thereon to the Congress. Such report shall contain all 
other information required to be included in a prospectus of 
the proposed public building project under section 606(a) of 
this title.


                      RESOLUTIONS APPROVED BY THE


 
            SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                             108th CONGRESS






























































































































































































































































































































































































































                                 
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