[Congressional Record Volume 142, Number 69 (Thursday, May 16, 1996)]
[Senate]
[Pages S5208-S5214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PUBLIC BUILDINGS REFORM ACT OF 1996
Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of calendar No. 334, S. 1005.
The PRESIDING OFFICER. The clerk will state the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1005) to amend the Public Buildings Act of 1959
to improve the process of constructing, altering, purchasing,
and acquiring public buildings, and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on Environment and
Public Works, with an amendment to strike all after the enacting clause
and inserting in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Buildings Reform Act
of 1995''.
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
[[Page S5209]]
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 Act (40 U.S.C. 606) is amended by
striking ``Committee on Public
[[Page S5210]]
Works and Transportation'' each place it appears and
inserting ``Committee on Transportation and Infrastructure''.
(2) Section 11(b)(1) of the Act (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.''.
Mr. BAUCUS. Mr. President, today the Senate is considering my bill,
the Public Buildings Reform Act. Let me start by expressing my thanks
to the Chairman of the Environment and Public Works Committee, Senator
Chafee, and the Chairman of the relevant Subcommittee, Senator Warner,
for their support of this bill.
Mr. President, the Public Buildings Reform Act will go a long way to
helping Congress make wise decisions on public buildings construction.
It will help Congress achieve some discipline with respect to the cost
of new federal buildings and courthouses. Specifically, the bill will
bring some sanity to the courthouse construction program.
I have been working on the courthouse construction program for quite
some time. And the more I have learned about the program, the more
concerned I have become. It is very important that we reform the
courthouse construction program and this bill will do that.
Why? Because the budget requests for new courthouses get larger and
larger each year. Let me give examples from the last five years of
budget requests--in FY 1993, the courthouse construction program
request was $132 million or 22 percent of the GSA budget request; in FY
1994, the courthouse construction program request was $566 million or
76 percent of GSA's budget request; in FY 1995, courthouse requests
were $419 million or 87 percent; in FY 1996, courthouse requests were
$639 million or 63 percent and this year, FY 1997, courthouse requests
are $632 million or 88 percent.
Mr. President, this is a lot of money. And we need to spend it wisely
and only on those courthouse projects that are truly needed.
The Public Buildings Reform Act will help us do just that. It
accomplishes two major goals--prioritization of courthouse projects;
and gaining control of the Courthouse construction Design Guide.
Let me briefly summarize the major provisions of the bill.
First, the bill will require the General Services Administration
(GSA) each year to submit a three-year plan to Congress. This triennial
plan will prioritize courthouse and non-courthouse projects.
The first year of the three-year plan will contain the projects
requested for authorization or appropriation. The second and third
years of the three-year plan will be informational lists of projects
expected to be requested in the future. Each year, the projects must be
listed in a priority order.
All of this information will help Congress determine which projects
are truly necessary--which is more important than ever as we work to
balance the federal budget. As part of the three-year plan, GSA must
also submit a five-year strategic capital asset management plan--which
is a long-term plan of projects.
GAO has stated that the lack of long-term planning has created a
situation where ``absent this information, Congress has little
practical choice but to consider projects individually. And since there
is no articulated rationale or justification in a long-term strategic
context for GSA's proposed projects, other projects can seem just as
defensible.''
Now I must tell the Senate that this year, the Administrative Office
of the Courts has heard our calls for a prioritized list of
courthouses. And they submitted a list of projects to the Environment
and Public Works Committee. This is a good step and I commend the
Courts. But this bill will take us the next logical step and give
Congress a preview of impending projects.
In addition to the priority list, the bill will require GSA to submit
additional information to the Environment and Public Works Committee to
justify project requests. For courthouse projects, this will include
the projected number of judges to be housed in the new courthouse; the
year when the current courthouse met or will meet its maximum capacity;
the level of security risk at the current courthouse;
[[Page S5211]]
and the expiration date of any current leases housing the courts. This
information will enable the Environment and Public Works Committee and
the Congress to do a better job in assessing the need for new
courthouses.
Finally, and perhaps most importantly, the bill will solve what I see
as a major problem with the courthouse construction program. That is,
the standards for courthouse design seem to be ever changing. And, of
course, the changes always seem to lead to more expensive projects, not
cheaper ones.
To fix that problem, this bill will require GSA, along with the
Courts, to rewrite the courthouse construction Design Guide and develop
fair, responsible standards for courthouse construction. GSA then will
be in charge of making sure that all courthouses constructed in this
country do not deviate from the standards contained in the Design
Guide.
Why should this be done? One reason was cited by the GSA Inspector
General in a report issued on September 27, 1995. The report said the
``Courts Design Guide is a document which provides specifications,
requirements, and standards for constructing and outfitting
courthouses. It has evolved over the years and has produced larger,
more grandly appointed courtrooms and chambers. As a result, costs
related to implementing the design standards written by and interpreted
by the Courts have escalated. The language and requirements in the
Courts Design Guide help explain some of the perceived excesses in new
courthouse projects.''
This does not mean courthouses will be drab--they will continue to be
appropriate to the dignity of the Courts. But they will not be palaces.
It means that we will have an effective checks and balances on the
design of courthouses.
Mr. President, it is important for judges to understand that this is
not their money. It is the taxpayers money. And the taxpayers demand
and deserve to know that their tax dollars are not being thrown away on
extravagances like marble floors and brass doorknobs.
In Montana, our judges do not have palatial courthouses. In fact,
many of our judges are not even housed in a federally-owned
courthouse--they are in leased space. But they are able to provide due
process of the law without these extras.
As Congress looks to make deep cuts in many important social and
domestic programs, it is only fair that we make sure that tax dollars
are not needlessly wasted in the construction of federal buildings.
Again, Mr. President, I thank Senators Chafee and Warner for their
support of this bill.
Mr. CHAFEE. Mr. President, today the Senate will consider S. 1005,
the Public Building Reform Act of 1996. This legislation, which will
improve the way we construct, acquire and lease public buildings, was
introduced on June 29, 1995. It is cosponsored by Senators Warner and
Baucus, the chairman and ranking member of the Committee on Environment
and Public Works Subcommittee on Transportation and Infrastructure. The
full committee approved S. 1005, with amendments, on December 19, 1995.
Before I go on, Mr. President, I would like to recognize the efforts
of Senator Baucus and Senator Warner. They have worked together over
the last year on the Transportation and Infrastructure Subcommittee to
shape this important and necessary set of reforms.
As I will discuss further in my remarks today, the issue of Federal
building and courthouse construction has received a tremendous amount
of critical commentary in the media and here on Capitol Hill. I believe
that S. 1005 responds to the important problems in a thoughtful and
measured way.
Over the last three to four years, we have witnessed an endless
stream of General Accounting Office (GAO) reports, newspaper stories
and congressional investigations citing excessive General Services
Administration (GSA) spending for Federal building projects.
These reports and investigations have discussed management failures
at GSA, insufficient project prioritization, the inclusion of unneeded
and ``luxurious'' facility features, and inappropriate congressional
influence upon the selection of projects as causes for wasteful and
excessive spending. The courthouse construction projects, in
particular, have been a source of great controversy.
Members of the Committee on Environment and Public Works have worked
hard over the last three years, in particular to reform the public
buildings process and to achieve significant taxpayer savings. Some
here might recall that in the fiscal year 1996 Concurrent Resolution on
the Budget, the Congress called for a 30 percent reduction in new
construction funding at GSA over seven years.
Last year, in the first year of the seven-year period, we achieved
that budget goal, The Committee cut a number of new construction
projects and authorized less than 70 percent of the $1.022 billion
requested by the administration. The Committee has recently received
and is reviewing the administration's fiscal year 1997 budget request.
Like last year, we will be looking to authorize an overall funding
level that is significantly below the levels authorized in previous
years.
While thorough review of the annual project requests must and will
continue, there is also the need for fundamental reform of the process
by which these new construction projects are identified, designed,
submitted to the Congress, authorized and finally approved for funding.
We believe that the reforms contained in S. 1005 will: improve the
quality of the projects submitted for congressional approval; improve
and enhance congressional oversight; and ultimately, save the taxpayers
millions of dollars.
The bill addresses four major issues. The first issue is priority-
setting. As I stated previously, the fiscal year 1996 Budget Resolution
called for a 30 percent reduction in GSA construction funding over
seven years.
To achieve this target in a reasonable fashion, we must be aware of
what GSA and its tenant agencies consider to be the top priorities. S.
1005 requires a clear prioritization of all GSA projects submitted to
the Congress for approval. With regard to courthouse projects, I might
note that the Judiciary and GSA have already begun to comply with this
important requirement.
Next is the issue of long-range planning. The idea here is to know,
in advance, what projects are likely to be requested in future years.
Our experience has been that too many worthwhile projects--which have
gone through all of the steps--get bumped out of GSA's annual request
to accommodate other projects which are politically driven.
This legislation requires GSA to submit to Congress--as part of its
annual authorization requests--a list of the projects it intends to
request for the subsequent two years. This way, the Congress will be
able to identify and plainly judge the merit of projects which might
have been ``hurried through the process.''
The third major issue addressed by the bill is the need for specific
information on project requests. If GSA is to establish project
rankings or ``priorities'' under this bill, they must do so after
following a sensible set of criteria. When did the project reach its
maximum space capacity? Are there time-sensitive lease circumstances
associated with the project request?
In the case of courthouse projects; how many judgeships are
authorized and what is the appropriate number of courtrooms? Or, what
is the security situation? The bill requires that all of this essential
information be included in the prospectuses sent to Congress.
Again, with respect to courthouses, this legislation addresses the
issue of design standards. While the Congress cannot and should not
dictate the exact parameters of courtroom ceiling heights and judges'
chambers--I am convinced that we need a consistent set of guidelines or
standards. The bill before us establishes a partnership between GSA and
the Judiciary on design guidelines. It is my hope that these two
entities can work together to establish design guidelines which will
put an end to the controversy that has followed some of these projects.
In closing, Mr. President, let me say that I am glad to be a part of
this reform effort and wish to again commend Senators Baucus and Warner
for their leadership. I strongly urge my colleagues to support this
sensible reform measure.
[[Page S5212]]
Amendment No. 3983
(Purpose: To make a technical correction.)
Mr. FRIST. Mr. President, I send an amendment to the desk on behalf
of Senator Baucus and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Tennessee [Mr. Frist], for Mr. Baucus,
proposes an amendment numbered 3983.
Mr. FRIST. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 21, line 3, strike ``1995'' and insert ``1996''.
Mr. FRIST. Mr. President, I ask unanimous consent that the amendment
be agreed to, the committee amendment be agreed to, the bill, as
amended, be deemed read the third time, and passed, the title be agreed
to, the motion to reconsider be laid upon the table, and that any
statements relating to the bill be placed at the appropriate place in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3983) was agreed to.
The committee amendment was agreed to.
The bill (S. 1005), as amended, was deemed read the third time, and
passed, as follows:
S. 1005
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 1996''.
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);
[[Page S5213]]
``(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 Act (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 Act (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.
[[Page S5214]]
(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.''.
____________________