```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 204 Introduced in Senate (IS)]

  1st Session
                                 S. 204

To provide for a reform of the public buildings program, and for other 
                                purposes

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 11 (legislative day, January 10) 1995

 Mr. Moynihan introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To provide for a reform of the public buildings program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Buildings Reform Act of 
1995''.

SEC. 2. BIENNIAL PUBLIC BUILDINGS PLAN.

    The Public Buildings Act of 1959 is amended by inserting after 
section 6 (40 U.S.C. 605) the following new section:

``SEC. 6A. BIENNIAL PUBLIC BUILDINGS PLAN.

    ``(a) Submission of Plan to Congress.--
            ``(1) In general.--Not later than the end of the 15-day 
        period following the date Congress first convenes in 1997, and 
        not later than the end of the 15-day period following the date 
        Congress first convenes in every second year thereafter, the 
        Administrator shall submit to Congress a biennial public 
        buildings plan for the first 2 fiscal years that begin after 
        the date of submission, for such projects and other actions as 
        the Administrator determines are necessary to carry out the 
        duties of the Administrator under this Act.
            ``(2) Contents of plan.--The biennial plan shall include--
                    ``(A) a 5-year plan for accommodating the public 
                building needs of the Federal Government;
                    ``(B) a list, in order of priority, of 
                construction, alteration, purchase, and acquisition 
                projects for which authorizations of appropriations are 
                requested for 1 or both of the 2 fiscal years referred 
                to in paragraph (1), including a description of each 
                project and the number of square feet of space involved 
                with respect to each project;
                    ``(C) a list, in order of priority, of lease and 
                lease renewals for which authorizations of 
                appropriations are requested for 1 or both of the 2 
                fiscal years referred to in paragraph (1);
                    ``(D) an explanation of the orders of priority 
                specified under subparagraphs (B) and (C);
                    ``(E) a list of all public buildings proposed to be 
                vacated in whole or in part, to be exchanged for other 
                property, or to be disposed of;
                    ``(F) a proposed budget for the repair and 
                maintenance of public buildings in existence on the 
                date of submission of the biennial plan;
                    ``(G) the estimated annual and total cost of each 
                project and lease;
                    ``(H) the name of the principal owner of each 
                building or other space leased pursuant to this section 
                during the period covered by the biennial plan;
                    ``(I) any final environmental impact statement 
                prepared for a project included in the biennial plan 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.); and
                    ``(J) a report that indicates the consideration 
                that was given to facts and issues concerning each 
                project included in the biennial plan and various 
                alternatives that were raised during the hearing for 
                the project under subsection (b) or that were otherwise 
                considered.
    ``(b) Public Hearings.--
            ``(1) In general.--The Administrator shall--
                    ``(A) provide opportunity for a public hearing in 
                the locality or proposed locality of each major 
                construction, alteration, purchase, or acquisition 
                project included in the biennial plan; and
                    ``(B) certify in the biennial plan that the hearing 
                was held or that an opportunity for the hearing was 
                provided.
            ``(2) Elements of hearings.--Each hearing shall consider 
        only such facts and issues as can reasonably be determined 
        during the planning and preliminary design of a project, 
        including--
                    ``(A) the economic and social effects of the 
                project;
                    ``(B) the impact of the project on the environment; 
                and
                    ``(C) the consistency of the project with urban 
                planning goals and objectives of the community.''.

SEC. 3. CONTRACT INTERPRETATION AND APPROVAL.

    Section 10 of the Public Buildings Act of 1959 (40 U.S.C. 609) is 
amended--
            (1) by striking ``Sec. 10. (a) The Administrator,'' and 
        inserting the following:

``SEC. 10. SERVICES AND CONTRACTS.

    ``(a) Services of Architectural or Engineering Firms.--The 
Administrator,'';
            (2) by striking ``(b) No'' and inserting the following:
    ``(b) Prohibition on Permanent Employment of Services.--No''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Responsibilities of Administrator.--Notwithstanding any other 
provision of this section, the Administrator shall be responsible for 
all projects carried out under this Act, including--
            ``(1) the interpretation of a contract entered into on 
        behalf of the Federal Government to carry out this Act;
            ``(2) the approval of materials, workmanship, and services 
        supplied pursuant to the contract;
            ``(3) the approval of changes in the contract;
            ``(4) the certification of vouchers for payments due the 
        contractor; and
            ``(5) final settlement of the contract.''.

SEC. 4. FEDERAL GOVERNMENT ASSET MANAGEMENT.

    Section 12 of the Public Buildings Act of 1959 (40 U.S.C. 611) is 
amended--
            (1) by striking ``Sec. 12. (a) The Administrator'' and 
        inserting the following:

``SEC. 12. FEDERAL GOVERNMENT ASSET MANAGEMENT.

    ``(a) Duties of Administrator.--
            ``(1) In general.--The Administrator'';
            (2) in subsection (a), by adding at the end the following:
            ``(2) Repository for asset management information.--The 
        Administrator shall use the results of the continuing 
        investigation and survey required under paragraph (1) to 
        establish a central repository for the asset management 
        information of the Federal Government.'';
            (3) in subsection (b)--
                    (A) by striking ``(b) In carrying'' and inserting 
                the following:
    ``(b) Cooperation Among Federal Agencies.--
            ``(1) By the administrator.--In carrying'';
                    (B) by striking ``Each Federal'' and inserting the 
                following:
            ``(2) By the agencies.--Each Federal''; and
                    (C) by adding at the end the following:
            ``(3) Identification and disposition of unneeded 
        buildings.--
                    ``(A) Identification.--Each Federal agency shall--
                            ``(i) identify unneeded, obsolete, and 
                        underutilized public buildings; and
                            ``(ii) annually report the information on 
                        the buildings described in clause (i) to the 
                        Administrator.
                    ``(B) Disposition.--The Administrator shall find 
                more cost-effective uses for, or sell, the public 
                buildings identified under subparagraph (A).'';
            (4) in subsection (c), by striking ``(c) Whenever'' and 
        inserting the following:
    ``(c) Identification of Buildings of Historic, Architectural, and 
Cultural Significance.--Whenever'';
            (5) in subsection (d), by striking ``(d) The 
        Administrator'' and inserting the following:
    ``(d) Regard to Comparative Urgency of Need.--The Administrator''; 
and
            (6) by adding at the end the following:
    ``(e) Research and Evaluations.--The Administrator may conduct 
research and post-occupancy evaluations to determine and improve the 
effectiveness of existing and planned public buildings.''.

SEC. 5. GENERAL CRITERIA FOR LOCATION.

    The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended 
by adding at the end the following:

``SEC. 22. GENERAL CRITERIA FOR LOCATION.

    ``(a) In General.--
            ``(1) Headquarters.--The Administrator shall ensure that 
        the headquarters of each department and major independent 
        establishment of the executive branch are located within the 
        National Capital region in conformance with the comprehensive 
        plan prepared and adopted pursuant to the Act entitled `An Act 
        providing for a comprehensive development of the park and 
        playground system of the National Capital', approved June 6, 
        1924 (40 U.S.C. 71 et seq.), unless otherwise specified by Act 
        of Congress.
            ``(2) Other regional, district, area, or local offices.--
        The Administrator shall ensure that the regional, district, 
        area, or local offices of Federal agencies are located so as to 
        be centrally located with respect to, in proximity to, or 
        within easy transportation access of, residential populations 
        served by the agencies or other governmental and private 
        offices with which the agencies must maintain continuing and 
        frequent physical communication.
            ``(3) Other offices.--The Administrator shall ensure that 
        the Federal agency offices other than offices that are located 
        pursuant to paragraph (1) or (2), or that otherwise must be 
        located close to specific governmental or private offices or in 
        specific geographic locations in order effectively to carry out 
        the responsibilities of the agency, are located throughout the 
        United States generally in proportion to the geographic 
        distribution of the population of the United States.
    ``(b) Other Factors in Location.--After meeting the requirements of 
subsection (a), the Administrator, in consultation with local 
officials, shall take into account in locating Federal agency offices--
            ``(1) the costs, including relocation and operating costs, 
        of proposed locations;
            ``(2) in the case of any office located in a standard 
        metropolitan statistical area, the feasibility and desirability 
        of a location in the central business district of a city within 
        the area;
            ``(3) the proximity of existing or planned public 
        transportation facilities; and
            ``(4) the proximity of public amenities and commercial 
        facilities.''.

SEC. 6. BUILDING DESIGN ADVISORY BOARD.

    The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) (as 
amended by section 5) is further amended by adding at the end the 
following:

``SEC. 23. BUILDING DESIGN ADVISORY BOARD.

    ``(a) Establishment.--There is established an advisory committee to 
be known as the `Building Design Advisory Board' (referred to in this 
section as the `Board') for the purpose of conducting design 
competitions and reviewing the architectural design of Federal 
buildings.
    ``(b) Membership.--
            ``(1) In general.--The Board shall consist of 7 members, 
        appointed by the President, of whom at least--
                    ``(A) 3 members shall have expertise in 
                construction or urban development;
                    ``(B) 4 members shall be architects; and
                    ``(C) 1 member shall be a landscape architect.
            ``(2) Terms.--The term of a member of the Board shall be 4 
        years. A member may be reappointed for a consecutive additional 
        term.
            ``(3) Chairperson.--The President shall appoint a 
        chairperson of the Board from among the members of the Board.
            ``(4) Vacancies.--Any vacancy on the commission shall be 
        filled in the same manner in which the original appointment was 
        made.
    ``(c) Duties of Board.--The Board shall advise the Administrator 
with respect to the design and siting of all Federal building projects 
for which a prospectus is required under section 7.
    ``(d) Meetings.--The chairperson of the Board shall call the 
meetings of the Board, which shall be held in Washington, District of 
Columbia. Five members shall constitute a quorum for the purpose of 
holding meetings.
    ``(e) Staff.--The Administrator shall provide staff for the Board.
    ``(f) Compensation.--Compensation for a member of the Board shall 
be at a rate established by the Administrator.
    ``(g) Travel Expenses.--Each member of the Board shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of services for the 
Board.
    ``(h) Expenses.--The expenses of the Board shall be paid from funds 
under the control of the Administrator.''.

SEC. 7. COMPETITION IN DESIGN.

    (a) In General.--Title IX of the Federal Property and 
Administrative Services Act of 1949 is amended--
            (1) by redesignating section 905 (40 U.S.C. 541 note) as 
        section 906; and
            (2) by inserting after section 904 (40 U.S.C. 544) the 
        following:

``SEC. 905. PUBLIC BUILDING DESIGN COMPETITIONS.

    ``(a) In General.--
            ``(1) Designation of projects.--
                    ``(A) Submission of list.--Not later than March 1, 
                1996, and each March 1 thereafter, the Administrator of 
                General Services (referred to in this section as the 
                `Administrator') shall submit to the Building Design 
                Advisory Board established under section 23 of the 
                Public Buildings Act of 1959 (referred to in this 
                section as the `Board') and to Congress a list of all 
                projects for the next fiscal year covered by sections 7 
                and 11 of the Public Buildings Act of 1959 (40 U.S.C. 
                606 and 610) for which architectural and engineering 
                services for building design or site planning shall 
                first be procured during the fiscal year.
                    ``(B) Designation.--In consultation with the Board, 
                the Administrator shall designate a substantial number 
                of the projects as projects for which architectural and 
                engineering services shall be acquired through design 
                competitions conducted under this section. For each 
                project so designated, the Administrator shall 
                designate the appropriate competition format in 
                accordance with paragraph (2).
            ``(2) Model rules.--Not later than October 1, 1996, the 
        Administrator, in consultation with the Board, shall issue 
        model rules under which competitions under this section shall 
        be conducted. The rules shall be in accordance with this title 
        and shall--
                    ``(A) establish not fewer than 3 different model 
                competition procedure formats, at least 1 of which 
                shall provide for competitions lasting not longer than 
                60 days and eliciting preliminary design concepts only;
                    ``(B) require approval of the competition program 
                for each project by the Board;
                    ``(C) provide for appointment of a project 
                competition adviser and appointment of a project 
                competition jury by the Board, in consultation with the 
                Administrator;
                    ``(D) provide that each jury shall include a 
                representative of the General Services Administration 
                and a representative of the principal Federal agency 
                that shall occupy the building or site that is the 
                subject of the project; and
                    ``(E) require the jury to report the 
                recommendations of the jury in writing with reasons for 
                the recommendations.
            ``(3) Compensation.--The Administrator shall conduct each 
        competition provided for under this section and may provide for 
        fair and reasonable compensation for the firms that are 
        required to render extensive design services in the course of 
        participating in a competition. Compensation for a project 
        competition adviser and for all firms in a competition, 
        including travel costs, shall not exceed 1 percent of the 
        estimated cost of the project.
            ``(4) Criteria for selection of designs.--A project 
        competition jury shall make recommendations for selection based 
        on the firms determined best able to produce a design that--
                    ``(A) bears visual testimony to the dignity, 
                enterprise, vigor, and stability of the Federal 
                Government;
                    ``(B) is appropriate in scale, function, and 
                construction to its mission and its context; and
                    ``(C) where appropriate, reflects regional 
                architectural traditions.
            ``(5) Recommendations concerning negotiations.--The jury 
        shall recommend to the Administrator--
                    ``(A) the firm with which the agency head shall 
                negotiate under section 904(a);
                    ``(B) the firm with which the agency head shall 
                negotiate under section 904(b), if necessary; and
                    ``(C) the order of all firms with which the agency 
                head shall negotiate under section 904(c), if 
                necessary.
            ``(6) Final selections.--The Administrator shall make the 
        final selections under paragraph (5). If the selections differ 
        from the jury recommendations, the Administrator shall document 
        the reasons of the Administrator for the public record.
            ``(7) Jury and adviser personnel matters.--
                    ``(A) Compensation.--The services of an individual 
                who is not a Federal employee as a project competition 
                jury member or a project competition adviser may be 
                procured by the Administrator as temporary and 
                intermittent services under section 3109(b) of title 5, 
                United States Code, at a rate for an individual that 
                does not exceed the daily equivalent of the annual rate 
                of basic pay prescribed for level V of the Executive 
                Schedule under section 5316 of the title.
                    ``(B) Financial disclosure report.--An individual 
                who serves on a project competition jury or as a 
                project competition adviser under this section shall 
                not be required to file a financial disclosure report 
                under section 101 of the Ethics in Government Act of 
                1978 (5 U.S.C. App.) because of the service of the 
                individual.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Act (40 U.S.C. prec. 471) is amended by striking the item relating 
to section 905 and inserting the following new items:

``Sec. 905. Public building design competitions.
``Sec. 906. Short title.''.

SEC. 8. CONTRACTOR CERTIFICATIONS.

    The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) (as 
amended by section 6) is further amended by adding at the end the 
following:

``SEC. 24. CONTRACTOR CERTIFICATIONS.

    ``(a) In General.--As a condition of entering into any lease or 
other contract that would obligate funds in excess of $10,000 
authorized pursuant to this Act, the Administrator shall require a 
certification described in subsection (b) from the owner of the space 
to be leased or the contractor. An owner or contractor who fails to 
complete the certification shall not be eligible to receive a lease or 
contract award.
    ``(b) Contents of Certification.--The certification shall consist 
of declarations, made under penalty of law provided under section 1001 
of title 18, United States Code, and under other law, that the owner or 
contractor, and any officer or principal employee of the contractor--
            ``(1) has no business or employment relationship or 
        interest or holding that constitutes a conflict of interest 
        with the capacity of the person as a lessor or contractor with 
        the Federal Government;
            ``(2) has not offered or promised anything of value to a 
        public official with the intent to--
                    ``(A) influence any official act; or
                    ``(B) induce the official to perform, or to omit to 
                perform, any act in violation of a lawful duty of the 
                official or to offer to give anything of value to a 
                public official for performing an official act;
            ``(3) has not been debarred or suspended from the award of 
        public contracts;
            ``(4) has not had a public contract terminated for default;
            ``(5) has not been convicted, within 10 years prior to the 
        date of the solicitation for the lease or contract award, of, 
        or is not under indictment as of that date for or otherwise 
        charged with--
                    ``(A) a criminal offense--
                            ``(i) incident to obtaining or attempting 
                        to obtain a Federal, State, or local, or 
                        private, contract or subcontract; or
                            ``(ii) in the performance of such a 
                        contract or subcontract;
                    ``(B) a violation of chapter 96 of title 18, United 
                States Code;
                    ``(C) a violation of Federal antitrust laws arising 
                out of the submission of bids or proposals; or
                    ``(D) embezzlement, theft, forgery, bribery, 
                falsification or destruction of records, fraud, tax 
                fraud, receiving stolen property, or any equivalent 
                crime that is indicative of a lack of business 
                integrity.''.

SEC. 9. REPORT ON LONG-TERM HOUSING NEEDS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the head of each Federal agency (as defined in section 
13(3) of the Public Buildings Act of 1959 (40 U.S.C. 612(3)) shall 
review and report to Congress on the long-term housing needs of the 
agency. The agency shall attempt to provide for the reduction of the 
housing needs of the agency.
    (b) Assistance From Account Managers.--The Administrator of General 
Services shall designate 2 account managers for each agency to assist--
            (1) the agency in carrying out the review required under 
        subsection (a); and
            (2) the Administrator in preparing uniform standards for 
        housing needs for--
                    (A) executive agencies (as defined in section 13(4) 
                of the Act (40 U.S.C. 612(4))); and
                    (B) establishments in the judicial branch of the 
                Federal Government.

SEC. 10. REPORT ON ENDING GSA MONOPOLY WITH RESPECT TO PUBLIC BUILDINGS 
              PROJECTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Director of the Office of Management and Budget, in 
consultation with the Administrator of General Services, shall report 
to Congress on the feasibility and desirability of ending the monopoly 
of the General Services Administration with respect to providing office 
and storage space for Federal agencies, including whether the ending of 
the monopoly is necessary and would be cost-effective.
    (b) Plan.--If the report required under subsection (a) determines 
that it is feasible and desirable to end the monopoly, the Director 
shall submit a plan for ending the monopoly and provide recommendations 
for the implementation of the plan. The plan shall ensure at least an 
oversight role for the General Services Administration in determining--
            (1) the adequacy of the request of an individual agency for 
        office or storage space;
            (2) whether a proposed project is in the best economic 
        interest of the taxpayers; and
            (3) whether the design is approved by the Building Design 
        Advisory Board established under section 23 of the Public 
        Buildings Act of 1959 (as added by section 6).
                                 <all>
S 204 IS----2
```