[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.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
                  (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.