[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.''.

                          ____________________