[Senate Report 104-232]
[From the U.S. Government Publishing Office]
Calendar No. 334
104th Congress Report
SENATE
2d Session 104-232
_______________________________________________________________________
PUBLIC BUILDINGS REFORM ACT OF 1995
_______
February 9 (legislative day, February 7), 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1005]
The Committee on Environment and Public Works, to which was
referred the 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, having considered the same, reports favorably thereon
with an amendment and an amendment to the title, and recommends
that the bill do pass.
General Statement
objectives of the legislation
The objective of the bill reported by the committee is to
establish a process that will achieve greater discipline on the
cost of new Federal buildings and courthouses, assuring that
the priorities for public building construction projects are
clearly identified.
Specifically, the bill requires a prioritization of all GSA
Federal buildings projects--construction, acquisition,
purchasing and leasing projects. This prioritization, based on
sound criteria established in the bill, will ensure that
adequate information is submitted to Congress for each
requested project.
The bill also establishes a new procedure for the
development of courthouse construction design standards. GSA,
in consultation with the Administrative Office of the Courts
(AOC), will establish suitable guidelines and standards to be
used in future courthouse construction projects.
Background
The GSA is the Federal Government's principal landlord,
providing office and storage space for most Federal agencies
(the Department of Defense, the Veterans' Administration and
other Federal agencies may own and lease other space under
their own authority). GSA controls approximately 40 percent of
the Federal Government's real estate. In fiscal year 1995,
GSA's real estate portfolio consisted of over 276 million
square feet of space.
As part of the President's annual budget submission, GSA
requests funding for courthouse and non-courthouse construction
projects, as well as repair, alteration and leasing projects.
These requests are in the form of a prospectus--a document
containing descriptive details for individual projects,
including cost estimates. Prospectuses are required for those
projects that exceed the prospectus threshold set in the Public
Buildings Act of 1959, as amended, adjusted annually for
inflation. The threshold for fiscal year 1995 projects was
$1.67 million. Current law requires authorization of these
prospectuses by both the Senate Committee on Environment and
Public Works and the House Committee on Transportation and
Infrastructure.
In response to the space needs of the Judiciary, GSA has
been undertaking a major courthouse construction program. As of
September 1994, the Judiciary had identified over 200 of 731
existing court facilities as being ``out of space'' within the
next 10 years. The cost estimated by GSA and the AOC to
construct these 200 courthouses is over $10 billion.
In recent years, GSA has requested a disproportionate share
of funding for courthouse construction projects--as opposed to
projects for general purpose office space or laboratory space.
An examination of GSA funding requests for the four most recent
fiscal years demonstrates this fact:
------------------------------------------------------------------------
Percent of
Fiscal year Requests for total amount
courthouses requested
------------------------------------------------------------------------
1993............................. $132 million........ 22
1994............................. $566 million........ 76
1995............................. $419 million........ 87
1996............................. $639 million........ 63
------------------------------------------------------------------------
This trend, along with current budget constraints, has
created a need for prioritization of all projects.
In response to widespread concerns about costs associated
with its Federal buildings program, GSA, in September 1993,
initiated a 6-month ``Time Out and Review'' (TO&R) of all new
construction, modernization and lease projects. Following 6
months of review, GSA identified $1.2 billion in savings from
over 200 Federal building projects--including $227 million in
courthouse construction savings.
The TO&R savings were achieved by reducing the scope of
some projects, applying value engineering principals to
projects and reevaluating and updating cost benchmarks for
these projects. A table summarizing the savings achieved
through the TO&R follows:
SUMMARY OF SAVINGS--$1.2 BILLION
------------------------------------------------------------------------
Savings by program Percent Savings
------------------------------------------------------------------------
New construction....................... 32 385,000,000
Modernization.......................... 10 122,000,000
---------------
Subtotal......................... 507,000,000
Leases................................. 58 693,000,000
---------------
Total............................ 1,200,000,000
------------------------------------------------------------------------
In addition to the TO&R process, GSA and the AOC, in late
1993, convened an Independent Courts Building Program Panel to
gather perspectives from the private sector; including industry
architects, engineers and other contractors who have
participated in the courthouse construction program.
In January 1995, GSA established a Courthouse Management
Group to consolidate the management and oversight
responsibility of the courthouse construction program. This
group develops courthouse projects and is tasked with keeping
all courthouse projects and budgets ``in line.''
Priorities
Over time, both GSA and the AOC have developed planning
processes to identify the Judiciary's various needs across the
country. However, neither have developed capital investment
plans that project these needs in a long-term context which
establishes priorities among competing projects.
When questioned by Senator Warner about the Federal
courthouse construction program at a November 2, 1995 hearing
before the Senate Committee on Environment and Public Works,
GSA Administrator Roger Johnson testified that a continued lack
of prioritization of courthouse construction projects remains a
real problem. In his testimony, Mr. Johnson stated, ``* * * we
have been unable, however, so far, to get specific information
from them [the AOC], except after the fact.'' He continued by
stating, ``* * * who's responsible for prioritization is, I
think, a major issue.''
The General Accounting Office (GAO), in testimony before
the Senate Committee on Governmental Affairs, acknowledged that
instances have arisen where certain projects have been funded
before other projects with greater relative need. The current
funding process does not adequately identify or prioritize
critical projects which have undergone all of the necessary
review procedures.
Design Standards
In designing Federal courthouses, GSA relies heavily upon
the standards and guidelines in the U.S. Courts Design Guide
(Design Guide) which is prepared by the Judiciary. The Design
Guide details the specific criteria to be used in the design of
all new courthouses--including the amount of space for
courtrooms and chambers, ceiling heights and the types of
finishes and hardware to be used.
Since the first edition in 1959, the Design Guide has been
revised numerous times. Included in these revisions has been an
increase in the amount of space allowed for each jurist housed
in a new courthouse. The revisions have led to uncertainty over
the degree of adherence to the design standards and guides.
In testimony before the Senate Committee on Governmental
Affairs on November 8, 1995, GAO witnesses attributed the
considerable costs of courthouses to the flexible design
guidance, which allows considerable latitude for interpretation
of what types of features and finishes are acceptable for a
courthouse.
GAO examination of more recent editions of the Design Guide
show that cost increases can occur because the Design Guide is
often prescriptive for things like courtroom ceiling height and
size, but flexible for things like the types of finishes to be
used. As a result, decision-makers are able to choose a range
of materials. Significantly, GAO also found that the Design
Guide is interpreted to be a ``minimum-standard,'' and frequent
deviations from the Design Guide have resulted in increased
costs during construction.
In addition, GSA's Inspector General issued a report on
September 27, 1995, which stated, ``[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.''
Section-by-Section Analysis
section 1. short title
Provides that the Act may be cited as the ``Public
Buildings Reform Act of 1995.''
section 2. site selection
Summary
Section 2 provides that in selecting a site for a Federal
buildings project undertaken by the General Services
Administration (GSA), the impact of the site selection on the
cost and efficiency of the project shall be considered.
Discussion
The bill requires GSA to consider the impact that location,
size and shape of a site on the estimated cost of a project.
This includes both purchased and donated sites. Oddly shaped
sites or the location of a site can dramatically increase the
cost of a project while decreasing its space efficiency. In
fact, GSA's Report of The Independent Courts Building Program
Panel, issued in December 1993, stated, `` * * * many of the
current courthouse projects are being constructed on difficult
sites. The size, shape, location and soil conditions can add
significantly to the construction cost.''
section 3. congressional oversight of public buildings projects
Summary
Section 3 amends the Public Buildings Act, as amended, to
require prioritization of GSA projects requiring congressional
approval and to provide Congress with additional information on
each GSA project.
This section:
Requires GSA to submit to Congress annually, as part
of a new 3-year (triennial) planning cycle, its
authorization and appropriations requests, in order of
priority, for constructing, altering, purchasing,
acquiring or leasing Government office space.
Requires GSA to submit annually to Congress an
updated, 5-year capital asset management plan that
prioritizes long-term construction, alteration,
purchasing, acquisition, and leasing projects.
Prohibits the Administrator from obligating funds for
any prospectus-level project unless the project is part
of the triennial plan for the fiscal year and unless a
prospectus for it is also submitted to and authorized
by the appropriate congressional committees, as
required under current law.
Requires GSA to include additional information in
each project prospectus submitted to the Senate
Committee on Environment and Public Works and the House
Committee on Transportation and Infrastructure for
approval. Each prospectus shall include, at a minimum:
(a) a description of the project, including
scope and tenant agency;
(b) the location of the project and the
estimated maximum cost; and
(c) The cost benchmark for the project.\1\
\1\ A cost benchmark is the square footage cost for the project
that is adjusted to reflect the geographic location, height and tenant
agency to be housed--this benchmark is then used to compare with
similar square footage costs for projects in the same area.
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(d) the current number of Federal judges and
courtrooms as of the date of submission of the
prospectus;
(e) the projected number of Federal judges
and courtrooms expected to be accommodated by
the proposed project; \2\
\2\ The projected figures must be justified by including
information on the authorized judicial positions and Federal judges
expected to be in senior status.
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(f) the year in which the existing courthouse
met its maximum capacity (i.e., the courthouse
houses only courts and court-related agencies;
all other agencies have been moved out);
(g) the level of security risk at the current
courthouse--the security risk is determined by
the Administrative Office of the Courts; and
(h) the termination dates of any leases for
the courts in the area where a new courthouse
is being proposed for construction.
This section also gives GSA emergency authority to submit a
prospectus for a project not contained in the triennial plan if
there is an overriding interest. Should such a prospectus be
submitted under this emergency authority, it must still be
approved by the appropriate committees.
The section allows the Administrator to enter into an
emergency lease, of no more than 5 years, if there is a
Presidentially declared disaster issued pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act.
The section provides that should GSA make a reprogramming
request to the appropriating committees of the Congress for a
project, GSA must notify the appropriate authorizing committees
of the reasons for the request and the reprogramming amount.
Finally, the section amends Section 11(b) of the Public
Buildings Act, which provides that a Member of Congress may
request a report from GSA on the need for a new Federal
building or courthouse in his or her State or district. The
bill requires that the 11(b) needs report include information
on the overall priority status of the project recommended by
the report. Further, the 11(b) needs report must state where
the project is ranked in the triennial plan or the 5-year
capital asset management plan.
Discussion
Reliable and consistent prioritization of projects, based
on sound criteria, is imperative in order to ensure that
limited Federal funds are expended for truly necessary
projects.
3-year, or triennial plan.--GSA currently submits an annual
budget request for courthouse and non-courthouse construction
projects. Because of the lack of detailed, prioritized
information on future requests for projects, Congress has had
difficulty in determining the appropriate projects for
authorization and appropriation in the context of a long-term
capital investment strategy. The triennial plan established
under the bill will require a prioritized list of projects
requested for funding in the first year of the plan, and in
addition, will require a prioritized list of projects expected
to be requested in the 2 succeeding years of the plan.
The bill also requires that the Administrator may obligate
funds only for projects included in the triennial plan that are
accompanied by an approved prospectus--unless the Administrator
determines that an emergency situation exists requiring
congressional approval of a project not in the triennial plan.
In this instance, a prospectus must still be submitted and
approved by the appropriate authorizing committees prior to
obligation of funds.
5-year strategic capital asset management plan.--As part of
the triennial plan submitted to Congress, GSA is required to
submit a long-term, 5-year capital asset management plan for
assets under the control of the Administrator. This plan is a
long-term strategic plan to identify future space needs of the
Federal Government.
GAO has cited the lack of long-term planning and
prioritization as one of the principal problems with the
courthouse construction program. GAO reports that while both
GSA and the judiciary have planning processes, they ``* * *
have yet to develop a capital investment plan that (1) puts
individual projects in some long-term strategic context, (2)
sets priorities among competing projects, and (3) identifies
short- and long-term project funding needs.'' 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.'' This has created a
climate where projects with little or no planning and
evaluation are approved.
Information to be included in prospectuses.--All
prospectuses submitted to the Senate Committee on Environment
and Public Works and the House Committee on Transportation and
Infrastructure for approval must contain a description of the
project (currently required to be included in a prospectus), as
well as the location and cost benchmark of the project. In
addition, all courthouse project prospectuses must include
information and justifications of the projected number of
judges to be housed in the new courthouse; the year the current
courthouse met its maximum capacity (maximum capacity is
defined as having moved all non-court related functions from
the facility); the level of security risk (as determined by the
AOC); and the expiration dates of any leases housing court-
related agencies.
This additional information will assist the authorizing and
appropriating committees of Congress as they evaluate all
requested courthouse and non-courthouse projects.
11(b) needs reports.--Under Section 11(b) of the Public
Buildings Act, GSA will undertake a needs analysis of an area
to determine the need for a new Federal facility. This
information is transmitted to Congress in the form of a report
commonly referred to as an ``11(b) needs report.'' According to
the GAO and the GSA's Inspector General, the 11(b) needs report
process has resulted in the funding of numerous courthouses
without appropriate cost estimates and without the overall
prioritization or ranking for the project having been
determined by GSA or AOC. Under the provisions of the bill, any
11(b) needs report requested by Congress must include
information on the priority ranking of the project (if any) in
the triennial or 5-year strategic capital asset management
plan.
section 4. federal government asset management
Summary
Section 4 establishes a central repository to house the
asset management information of the Federal Government. Each
agency is required to develop a plan to identify unneeded,
obsolete and underutilized real property holdings and to report
the information to GSA annually. GSA, in turn, is required to
find cost-effective uses for these public buildings, including
the sale of unneeded buildings.
Discussion
GSA currently undertakes a survey of assets within its
control to identify unneeded, obsolete or underutilized space.
The bill expands GSA's survey to include all assets of the
Federal Government. All Federal agencies are required, within
one year of the date of enactment and every second year
thereafter, to assist GSA with this survey identifying space
that is or will be unneeded, obsolete or underutilized over the
next 5 years. GSA is to consolidate such information and report
to Congress annually. GSA will therefore serve as the central
repository for information on the Federal Government's asset
inventory and needs.
GSA will also analyze the information to determine cost-
effective uses of any assets that are identified as obsolete,
unneeded or underutilized. Without such information, a Federal
agency may be searching for housing space in an area where
another Federal agency is attempting to dispose of an asset.
Without a central repository for such information, agencies
have no ability to assess the asset situation in an area.
Section 5. Addressing Long-Term Government Housing Needs
Summary
This section provides that within one year of the date of
its enactment, each agency shall report to GSA on its housing
needs over the next 5 years. Following this initial report, GSA
is to update the report every 2 years. GSA will assist each
agency in this long-term housing needs review. By the end of
the third year, each Federal agency shall, to the maximum
extent practicable, reduce by no less than 10 percent, its
aggregate office or storage space (leased or owned).
Discussion
In response to ongoing reductions in the size of the
Federal workforce, GSA is identifying cost-saving opportunities
in the Government's real estate activities.
GSA estimates that hundreds of millions of dollars in
potential cost-savings are possible in the public buildings
area from space reductions due to Government downsizing and
increased efficiencies in Federal buildings operations.
However, in order to achieve such savings, long-term planning
is essential.
Under this section, each agency will project its long-term
housing needs--a projection that will incorporate ongoing and
future downsizing of the Federal workforce. Such information
will assist GSA in streamlining its real estate activities and
overseeing the Federal Government's real estate needs.
section 6. design guides and standards for court accommodations
Summary
This section requires that no later than 60 days after
enactment of this Act, GSA, in consultation with the AOC, shall
issue a report on design standards and guidelines for
courthouse construction projects. This report will be subject
to a period of public notice and opportunity for comment.
Within 180 days following the completion of the design
standards and guidelines report, GSA, again in consultation
with the AOC, shall issue new standards and guidelines for
courthouse construction based upon the report.
Discussion
Since first being issued, the Courts Design Guide has been
revised numerous times--creating confusion as to what design
standards are applied at a particular time. Design standards
and guidelines are essential to the provision of due process of
law; and the safe, fair, and efficient administration of
justice by the Federal court system.
This confusion has led to upgrades and embellishments of
courthouse projects. The GSA Inspector General's September 1995
report stated, ``GSA and the Administrative Office of the
Courts have recognized the problem of excessive costs and
judicial pressure for special features and finishes in the
courthouse construction program.'' The report also states that
GSA ``* * * did not limit the construction and installation of
facilities and finishes that may be considered extravagant and
personal in nature. The project having the most embellishments
experienced $68 million in change orders for upgraded interior
finishes and other improvements.''
In testimony before Congress, GAO cited ``* * * flexible
design guidance that allows considerable latitude for
interpretation of which types of features and finishes are
acceptable for a courthouse'' as a reason for some courthouse
construction project cost escalations.
A requirement that GSA, in consultation with the AOC, be
responsible for courthouse design standards will provide
project managers with better direction and enable Congress to
better oversee the courthouse construction program.
section 7. design of federal courthouses
Summary
Section 7 amends the Act entitled ``An Act establishing a
Commission on Fine Arts'' to expand the duties of the
Commission on Fine Arts. The Commission may advise GSA, within
60 days after submission of a conceptual design, on the design
of Federal courthouses--with particular attention to whether or
not the design comports with the new courthouse design
guidelines and standards required under this bill.
Discussion
The primary purpose of the Commission on Fine Arts is to
advise Federal agencies, Congress and the District of Columbia
on proposed projects which would affect the appearance of the
Capital. Established in 1910, it is composed of seven members
appointed by the President.
Under the provisions of this section, the Administrator may
submit conceptual designs of Federal courthouse construction
projects to the Commission for review. The Commission is,
within 60 days, to advise Congress on the design of the project
and whether or not it comports with the design guides and
standards developed under Section 6 of the bill. If the
Administrator determines that a project should not be submitted
to the Commission, the Administrator is encouraged to notify
the Senate Committee on Environment and Public Works and the
House Committee on Transportation and Infrastructure as to the
reasons for such action.
Nothing in this section is to imply a requirement for
additional staff or funding as the Commission evaluates the
design of Federal courthouse construction projects.
Hearings
On July 13, 1995, the Subcommittee on Transportation and
Infrastructure held a hearing to consider S. 1005, a bill to
improve the process of constructing, altering, and acquiring
Federal buildings and courthouses, receiving testimony from
General Administrator Roger Johnson; Robert C. Broomfield,
judge, Federal District of Arizona, and chairman, Judicial
Conference Committee on Security, Space, and Facilities; James
M. Rosenbaum, judge, Federal District of Minnesota; and J.
William Gadsby, General Accounting Office, Washington, DC.
On November 2, 1995, the Subcommittee on Transportation and
Infrastructure held a hearing on S. 1005, receiving testimony
from General Administrator Roger Johnson; Robert E. Cowen,
judge, Third Federal Circuit, and chairman of the Judicial
Conference Space and Facilities Subcommittee; L. Ralph Mecham,
Director, Administrative Conference of the U.S. Courts; and
Joel S. Gallay, Deputy Inspector General, General Services
Administration.
Rollcall Votes
Section 7(b) of rule XXVI of the Standing Rules of the
Senate and the rules of the Committee on Environment and Public
Works require that any roll call votes taken during
consideration of legislation be noted in the report on that
legislation.
At the business meeting of the Committee on Environment and
Public Works on December 19, 1995, S. 1005 was ordered to be
reported favorably with an amendment in the nature of a
substitute. The bill was reported by voice vote.
Regulatory Impact
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes the following
evaluation of the regulatory impact of S. 1005:
The bill requires GSA's Administrator to review and
consider the impact of the selection of a site on the cost and
space efficiency of every construction, alteration, acquisition
and lease project.
Current law requires GSA to submit to Congress, as part of
its annual budget submission, a prospectus for each
construction, acquisition, alteration, or lease project
proposed for authorization and appropriation.
As part of the budget submission, the bill requires GSA to
submit a 3-year plan which details projects, in priority order,
proposed to be constructed, acquired, altered and leased within
the 3-year period. The first year of the plan will consist of
projects for which funding and authorization is requested. The
2 successive years will detail projects proposed and
anticipated to be requested for funding and authorization in
future years.
In addition to the detailed list of projects proposed for
the 3-year period covered by the plan, GSA is also to include a
5-year capital asset management plan that includes information
on the anticipated space and public buildings needs of the
Federal Government during the next 5 years.
The bill also requires the GSA to include additional
information in each prospectus document. In addition to the
location and description of the project (information currently
required to be included in a prospectus), construction
prospectuses (in particular those for courthouse projects) are
to include information on the number of judges anticipated to
be housed in the courthouse along with a justification of these
numbers. The bill also requires the prospectus to include a
cost benchmark of the project developed by GSA, the level of
security risk, and the expiration dates of any leases that are
related to the project.
The bill requires the Administrator--within 30 days--to
notify the authorizing committees of Congress should the cost
of a project exceed the authorized amount by 10 percent or
greater.
Current law allows a Member of Congress to request from GSA
a report of the public buildings needs in an area. If the
report states an affirmative need for a new public building,
the bill requires GSA to submit a statement to Congress on
where such project is listed in the triennial or 5-year capital
asset management plan.
The bill revises GSA's current authority to conduct asset
management surveys for the Federal Government. GSA is to
establish a central repository of information--obtained from
each Federal agency--on real property assets that are
anticipated to become unneeded, obsolete, or underutilized
during the following 5-year period.
The bill requires each Federal agency to report to GSA on
its long-term housing needs. GSA is to assist each Federal
agency in the evaluation of such needs. Following the initial
submission of information, each agency is to update its
anticipated long-term housing needs every 2 years. Information
submitted to GSA by Federal agencies is to be consolidated by
GSA and submitted to Congress.
To the maximum extent practicable within 3 years of the
enactment of the bill, all Federal agencies (on an aggregate
level), are to reduce office and storage space by 10 percent.
The Administrator is directed to consult with the
Administrative Office of the Courts (AOC) in the development of
design guides and standards for the construction of Federal
courthouses. Following the development of such guides and
standards, the Administrator is to provide for public notice
and comment, after which such design guides and standards are
to be used in the future design of all court accommodations.
The bill provides authority for the Commission on Fine Arts
(Commission) to advise GSA and the Congress on the design of
Federal courthouse projects. In particular, the Commission is
to provide information on whether or not each Federal
courthouse design submitted to the Commission is within the
design guides and standards developed under the bill
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 1, 1996.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 1005, the Public Buildings Reform Act of 1995, as
ordered reported by the Senate Committee on Environment and
Public Works on December 19, 1995. S. 1005 would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
Enacting S. 1005 could result in some savings to the
Federal Government from strengthening the process for planning
and approving the construction, alteration, and acquisition of
Federal buildings controlled by the General Services
Administration (GSA) and from requiring that agencies work to
reduce the total amount of current office and storage space.
Any savings from the improved or reduced use of Federal
building space would allow agencies to make more efficient use
of their appropriated funds, but would affect total spending
only if appropriations were reduced correspondingly. Because
reducing agency space needs would largely require that the
Congress first reduce the number of Federal employees and
because we do not expect that the bill would affect the total
level of spending on public buildings projects, we are unable
to attribute any specific level of potential savings to this
bill.
S. 1005 would require that GSA:
Submit to the Congress within 15 days of the delivery
of the President's annual budget proposal, a plan
prioritizing its requests for public buildings projects
for the upcoming fiscal year, as well as its expected
requests for the following two fiscal years;
Submit in addition to the annual plan, a strategic
plan that details an additional 2 years of expected
capital project requests;
Develop a central source for asset management
information, including identifying Federal buildings
that are surplus or have historic, architectural, or
cultural significance;
Work with Federal agencies to reduce their current
office and storage space, to the maximum extent
practicable, by at least 10 percent by the end of the
third fiscal year following enactment; and
Work with the Administrative Office of the United
States Courts to develop new guidelines and standards
for constructing Federal courthouses.
By enhancing both capital planning and congressional
oversight, the bill could result in efficiencies in the
selection of public buildings projects. The bill includes
several reforms recommended by the General Accounting Office,
including presenting annual authorization requests in the form
of a prioritized list, submitting long-range capital
improvement plans, and reviewing the current standards for
designing and building Federal courthouses. While these
provisions would increase the administrative responsibilities
of GSA and other Federal agencies, it also would provide a
clearer picture of the Government's long-term capital project
needs and build on recent efforts by GSA to reform its Public
Buildings Service. Any savings to the Government from better
planning and oversight would allow GSA to make more efficient
use of the Federal Buildings Fund, and possibly reduce the need
for future appropriations or reduce the amount of rent it
charges other Federal agencies.
By requiring that all Federal agencies work to reduce their
current office and storage space by at least 10 percent, the
bill could result in significant savings to the Federal
Government. The Federal Government could realize savings
beginning in fiscal year 1997, with the amount of potential
savings growing to as much as $300 million in reduced rental
costs by fiscal year 2000, if all non-postal and nondefense
agencies gradually reduced the current amount of leased space
in the United States by 10 percent by the end of fiscal year
1999. Under this assumption, the Federal Government could
reduce its rental expense for leased space by as much as $700
million over the 1996-2000 period. However, any significant
savings in rent would require a reduction first in the number
of Federal employees. Consequently, we cannot determine the
amount of savings that might occur from enacting this
provision.
S. 1005 contains no intergovernmental or private sector
mandates as defined by Public Law 104-4 and would not result in
direct costs to any state, local, or tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
June E. O'Neill, Director.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes to existing law must be shown as
follows: Existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, and existing
law in which no change is proposed is shown in roman:
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF
COLUMBIA
* * * * * * *
Sec. 104. Commission of Fine Arts
A permanent Commission of Fine Arts is created to be
composed of seven well-qualified judges of the fine arts, who
shall be appointed by the President, and shall serve for a
period of four years each, and until their successors are
appointed and qualified. The President shall have authority to
fill all vacancies.
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. It
shall be the duty of such commission to advise upon the
location of statutes, fountains, and monuments in the public
squares, streets, and parks in the District of Columbia, and
upon the selection of models for statues, fountains, and
monuments erected under the authority of the United States and
upon the selection of artists for the execution of the same. It
shall be the duty of the officers charged by law to determine
such questions in each case to call for such advice. The
foregoing provisions of this section shall not apply to the
Capitol Building of the United States and the building of the
Library of Congress. The commission shall also advise generally
upon questions of art when required to do so by the President,
or by any committee of either House of Congress. Said
commission shall have a secretary and such other assistance as
the commission may authorize, and the members of the commission
shall each be paid actual expenses in going to and returning
from Washington to attend the meetings of said Commission and
while attending the same.
* * * * * * *
CHAPTER 12--CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC
BUILDINGS
Sec. 604. Sites
(a) Acquisition of Lands or Interests Therein.--The
Administrator is authorized to acquire, by purchase,
condemnation, donation, exchange, or otherwise, such lands or
interests in lands as he deems necessary for use as sites, or
additions to sites, for public buildings authorized to be
constructed or altered under this chapter.
(b) Public Buildings Used in Whole or in Part for Post
Office Purposes; Cooperation Between Administrator and Postal
Service.--Whenever a public building is to be used in whole or
in part for post office purposes, the Administrator shall act
jointly with the United States Postal Service in selecting the
town or city wherein such building is to be constructed, and in
selecting the site in such town or city for such building.
(c) Solicitation of Proposals for Sale, Donation, or
Exchange of Real Property; Selection of Site Most Advantageous
to United States.--Whenever the Administrator is to acquire a
site under this section, he may, if he deems it necessary,
solicit by public advertisement, proposals for the sale,
donation, or exchange of real property to the United States to
be used as such site. In selecting a site under this section
the Administrator (with the concurrence of the United States
Postal Service if the public building to be constructed thereon
is to be used in whole or in part for post office purposes) is
authorized to select such site as in his estimation is the most
advantageous to the United States, all factors considered, and
to acquire such site without regard to title III of the Federal
Property and Administrative Services Act of 1949, as amended
(41 U.S.C. 251 et seq.).
(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. 606. Approval of proposed projects by Congress
[(a) Limitation of Funds; Transmission to Congress of
Prospectus of Proposed Project.--]
(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,
alternation, 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 the
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.
(2) Prerequisites to obligation of funds.--
(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.
(B) Approval requirements.--
(i) Construction, alteration, and
acquisition._In order to insure the
equitable distribution of public
buildings throughout the United States
with due regard for the comparative
urgency of need for such buildings,
except as provided in section 603 of
this title, no appropriation shall be
made to construct, alter, purchase, or
to acquire any building to be used as a
public building which involves a total
expenditure in excess of $1,500,000 if
such construction, alteration,
purchase, or acquisition has not been
approved by resolutions adopted by the
Committee on Public Works of the Senate
and House of Representatives,
respectively. [No]
(ii) Lease._No appropriations shall
be made to lease any space at an
average annual rental in excess of
$1,500,000 for use for public purposes
if such lease has not been approved by
resolutions adopted by the Committee on
Public Works of the Senate and House of
Representatives, respectively. [No]
(iii) Alteration._No appropriation
shall be made to alter any building, or
part thereof, which is under lease by
the United States for use for a public
purpose if the cost of such alteration
would exceed $750,000 unless such
alteration has been approved by
resolutions adopted by the Committee on
Environment and Public Works of the
Senate and the Committee on [Public
Works and] Transportation and
Infrastructure of the House of
Representatives.
(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
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.
(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.
[For the purpose of securing consideration for such
approval, the Administrator shall transmit to the Congress a
prospectus of the proposed facility, including (but not limited
to)--
[(1) a brief description of the building to be
constructed, altered, purchased, acquired, or the space
to be leased under this chapter;
[(2) the location of the building or space to be
leased and an estimate of the maximum cost to the
United States of the facility to be constructed,
altered, purchased, acquired, or the space to be
leased;
[(3) a comprehensive plan for providing space for all
Government officers and employees in the locality of
the proposed facility or the space to be leased, having
due regard for suitable space which may continue to be
available in existing Government-owned or occupied
buildings, especially such as those buildings as
enhance the architectural, historical, social,
cultural, and economic environment of the locality;
[(4) with respect to any project for the
construction, alteration, purchase, or acquisition of
any building, a statement by the Administrator that
suitable space owned by the Government is not available
and that suitable rental space is not available at a
price commensurate with that to be afforded through the
proposed action;
[(5) a statement by the Administrator of the economic
and other justifications for not acquiring or
purchasing a building or buildings identified to the
Administrator pursuant to section 611(c) of this title
as suitable for the public building needs of the
Federal Government; and
[(6) a statement of rents and other housing costs
currently being paid by the Government for Federal
agencies to be housed in the building to be
constructed, altered, purchased, acquired, or the space
to be leased.]
[(b) The]
(b) Increases in Costs of Projects.--
(1) Increase of 10 percent or less._The estimated
maximum cost of any project approved under this section
as set forth in any prospectus may be increased by an
amount equal to the percentage increase, if any, as
determined by the Administrator, in construction, or
alteration costs, as the case may be, from the date of
transmittal of such prospectus to Congress, but in no
event shall the increase authorized by this subsection
exceed 10 per centum of such estimated maximum cost.
(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.
[(c) In the case]
(c) Rescission of Approval._In the case of any project
approved for construction, alteration, or acquisition by the
Committees on Public Works of the Senate and of the House of
Representatives, respectively, in accordance with subsection
(a) of this section, for which an appropriation has not been
made within one year after the date of such approval, either
the Committee on Public Works of the Senate or the Committee on
Public Works of the House of Representatives, may rescind, by
resolution, its approval of such project at any time thereafter
before such an appropriation has been made.
[(d) Nothing in this section shall be construed to prevent
the Administrator from entering into emergency leases during
any period declared by the President to require such emergency
leasing authority, except that no such emergency lease shall be
for a period of more than 180 days without approval of a
prospectus for such lease in accordance with subsection (a) of
this section.]
(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.
* * * * * * *
Sec. 610. Report to Congress; uncompleted projects; building project
surveys
[(a) Upon]
(a) Reports on Uncompleted Projects._Upon the request of
either House of Congress, or any committee thereof, and within
a reasonable time, the Administrator shall submit a report
showing the location, space, cost, and status, of each public
building the construction, alteration, or acquisition of which
is to be under authority of this chapter and which was
uncompleted as of the date of the request, or as of such other
date as the request may designate.
[(b) The Administrator]
(b) Building Project Surveys and Reports.--
(1) In general._The Administrator and the United
States Postal Service are authorized and directed to
make such building project surveys as may be requested
by resolution by either the Committee on Environment
and Public Works of the Senate or the Committee on
Public Works and Transportation of the House of
Representatives, and within a reasonable time shall
make a report thereon to the Congress. Such report
shall contain all other information required to be
included in a prospectus of the proposed public
building project under section 606(a) of this title 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)
(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).
Sec. 611. Continuing investigation and survey of public buildings
[(a) The Administrator]
(a) Duties of Administrator.--
(1) In general._The Administrator is authorized and
directed to make a continuing investigation and survey
of the public buildings needs of the Federal Government
in order that he may carry out his duties under this
chapter, and to submit to Congress prospectuses of
proposed projects in accordance with section 606(a) of
this title.
(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.
[(b) In Carrying]
(b) Cooperation Among Federal Agencies.--
(1) By the administrator._In carrying out his duties
under this chapter the Administrator shall cooperate
with all Federal agencies in order to keep informed of
their needs, shall advise each such agency of his
program with respect to such agency, and may request
the cooperation and assistance of each Federal agency
in carrying out his duties under this chapter. [Each
Federal]
(2) By the agencies._Each Federal agency shall
cooperate with, advise, and assist the Administrator in
carrying out his duties under this chapter as
determined necessary by the Administrator to carry out
the purposes of this chapter.
(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.
[(c) Whenever]
(c) Identification of Buildings of Historic, Architectural,
and Cultural Significance._Whenever the Administrator
undertakes a survey of the public buildings needs of the
Federal Government within a geographical area, he shall request
that, within sixty days, the Advisory Council on Historic
Preservation established by title II of the Act of October 15,
1966 (16 U.S.C. 470i), identify any existing buildings within
such geographical area that (1) are of historic, architectural,
or cultural significance (as defined in section 612a of this
title) and (2) would be suitable, whether or not in need of
repair, alteration, or addition, for acquisition or purchase to
meet the public buildings needs of the Federal Government.
[(d) The Administrator]
(d) Regard to Comparative Urgency of Need._The
Administrator in carrying out his duties under this chapter
shall provide for the construction and acquisition of public
buildings equitably throughout the United States with due
regard to the comparative urgency of the need for each
particular building. In developing plans for such new
buildings, the Administrator shall give due consideration to
excellence of architecture and design.