II

104TH CONGRESS

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Buildings Re5 form Act of 1995’’.

6 SEC. 2. BIENNIAL PUBLIC BUILDINGS PLAN.

7 The Public Buildings Act of 1959 is amended by in8 serting after section 6 (40 U.S.C. 605) the following new

9 section:
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1 ‘‘SEC. 6A. BIENNIAL PUBLIC BUILDINGS PLAN.

2 ‘‘(a) SUBMISSION OF PLAN TO CONGRESS.—

3 ‘‘(1) IN GENERAL.—Not later than the end of

4 the 15-day period following the date Congress first

5 convenes in 1997, and not later than the end of the

6 15-day period following the date Congress first con7 venes in every second year thereafter, the Adminis8 trator shall submit to Congress a biennial public

9 buildings plan for the first 2 fiscal years that begin

10 after the date of submission, for such projects and

11 other actions as the Administrator determines are

12 necessary to carry out the duties of the Adminis13 trator under this Act.

14 ‘‘(2) CONTENTS OF PLAN.—The biennial plan

15 shall include—

16 ‘‘(A) a 5-year plan for accommodating the

17 public building needs of the Federal Govern18 ment;

19 ‘‘(B) a list, in order of priority, of con20 struction, alteration, purchase, and acquisition

21 projects for which authorizations of appropria22 tions are requested for 1 or both of the 2 fiscal

23 years referred to in paragraph (1), including a

24 description of each project and the number of

25 square feet of space involved with respect to

26 each project;
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1 ‘‘(C) a list, in order of priority, of lease

2 and lease renewals for which authorizations of

3 appropriations are requested for 1 or both of

4 the 2 fiscal years referred to in paragraph (1);

5 ‘‘(D) an explanation of the orders of prior6 ity specified under subparagraphs (B) and (C);

7 ‘‘(E) a list of all public buildings proposed

8 to be vacated in whole or in part, to be ex9 changed for other property, or to be disposed

10 of;

11 ‘‘(F) a proposed budget for the repair and

12 maintenance of public buildings in existence on

13 the date of submission of the biennial plan;

14 ‘‘(G) the estimated annual and total cost

15 of each project and lease;

16 ‘‘(H) the name of the principal owner of

17 each building or other space leased pursuant to

18 this section during the period covered by the bi19 ennial plan;

20 ‘‘(I) any final environmental impact state21 ment prepared for a project included in the bi22 ennial plan pursuant to the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et

24 seq.); and
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1 ‘‘(J) a report that indicates the consider2 ation that was given to facts and issues con3 cerning each project included in the biennial

4 plan and various alternatives that were raised

5 during the hearing for the project under sub6 section (b) or that were otherwise considered.

7 ‘‘(b) PUBLIC HEARINGS.—

8 ‘‘(1) IN GENERAL.—The Administrator shall—

9 ‘‘(A) provide opportunity for a public hear10 ing in the locality or proposed locality of each

11 major construction, alteration, purchase, or ac12 quisition project included in the biennial plan;

13 and

14 ‘‘(B) certify in the biennial plan that the

15 hearing was held or that an opportunity for the

16 hearing was provided.

17 ‘‘(2) ELEMENTS OF HEARINGS.—Each hearing

18 shall consider only such facts and issues as can rea19 sonably be determined during the planning and pre20 liminary design of a project, including—

21 ‘‘(A) the economic and social effects of the

22 project;

23 ‘‘(B) the impact of the project on the envi24 ronment; and
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1 ‘‘(C) the consistency of the project with

2 urban planning goals and objectives of the com3 munity.’’.

4 SEC. 3. CONTRACT INTERPRETATION AND APPROVAL.

5 Section 10 of the Public Buildings Act of 1959 (40

6 U.S.C. 609) is amended—

7 (1) by striking ‘‘SEC. 10. (a) The Adminis8 trator,’’ and inserting the following:

9 ‘‘SEC. 10. SERVICES AND CONTRACTS.

10 ‘‘(a) SERVICES OF ARCHITECTURAL OR ENGINEER11 ING FIRMS.—The Administrator,’’;

12 (2) by striking ‘‘(b) No’’ and inserting the fol13 lowing:

14 ‘‘(b) PROHIBITION ON PERMANENT EMPLOYMENT OF

15 SERVICES.—No’’; and

16 (3) by striking subsection (c) and inserting the

17 following:

18 ‘‘(c) RESPONSIBILITIES OF ADMINISTRATOR.—Not19 withstanding any other provision of this section, the Ad20 ministrator shall be responsible for all projects carried out

21 under this Act, including—

22 ‘‘(1) the interpretation of a contract entered

23 into on behalf of the Federal Government to carry

24 out this Act;
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1 ‘‘(2) the approval of materials, workmanship,

2 and services supplied pursuant to the contract;

3 ‘‘(3) the approval of changes in the contract;

4 ‘‘(4) the certification of vouchers for payments

5 due the contractor; and

6 ‘‘(5) final settlement of the contract.’’.

7 SEC. 4. FEDERAL GOVERNMENT ASSET MANAGEMENT.

8 Section 12 of the Public Buildings Act of 1959 (40

9 U.S.C. 611) is amended—

10 (1) by striking ‘‘SEC. 12. (a) The Adminis11 trator’’ and inserting the following:

12 ‘‘SEC. 12. FEDERAL GOVERNMENT ASSET MANAGEMENT.

13 ‘‘(a) DUTIES OF ADMINISTRATOR.—

14 ‘‘(1) IN GENERAL.—The Administrator’’;

15 (2) in subsection (a), by adding at the end the

16 following:

17 ‘‘(2) REPOSITORY FOR ASSET MANAGEMENT IN18 FORMATION.—The Administrator shall use the re19 sults of the continuing investigation and survey re20 quired under paragraph (1) to establish a central re21 pository for the asset management information of

22 the Federal Government.’’;

23 (3) in subsection (b)—

24 (A) by striking ‘‘(b) In carrying’’ and in25 serting the following:
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1 ‘‘(b) COOPERATION AMONG FEDERAL AGENCIES.—

2 ‘‘(1) BY THE ADMINISTRATOR.—In carrying’’;

3 (B) by striking ‘‘Each Federal’’ and insert4 ing the following:

5 ‘‘(2) BY THE AGENCIES.—Each Federal’’; and

6 (C) by adding at the end the following:

7 ‘‘(3) IDENTIFICATION AND DISPOSITION OF

8 UNNEEDED BUILDINGS.—

9 ‘‘(A) IDENTIFICATION.—Each Federal

10 agency shall—

11 ‘‘(i) identify unneeded, obsolete, and

12 underutilized public buildings; and

13 ‘‘(ii) annually report the information

14 on the buildings described in clause (i) to

15 the Administrator.

16 ‘‘(B) DISPOSITION.—The Administrator

17 shall find more cost-effective uses for, or sell,

18 the public buildings identified under subpara19 graph (A).’’;

20 (4) in subsection (c), by striking ‘‘(c) When21 ever’’ and inserting the following:

22 ‘‘(c) IDENTIFICATION OF BUILDINGS OF HISTORIC,

23 ARCHITECTURAL, AND CULTURAL SIGNIFICANCE.—

24 Whenever’’;
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1 (5) in subsection (d), by striking ‘‘(d) The Ad2 ministrator’’ and inserting the following:

3 ‘‘(d) REGARD TO COMPARATIVE URGENCY OF

4 NEED.—The Administrator’’; and

5 (6) by adding at the end the following:

6 ‘‘(e) RESEARCH AND EVALUATIONS.—The Adminis7 trator may conduct research and post-occupancy evalua8 tions to determine and improve the effectiveness of exist9 ing and planned public buildings.’’.

10 SEC. 5. GENERAL CRITERIA FOR LOCATION.

11 The Public Buildings Act of 1959 (40 U.S.C. 601

12 et seq.) is amended by adding at the end the following:

13 ‘‘SEC. 22. GENERAL CRITERIA FOR LOCATION.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) HEADQUARTERS.—The Administrator

16 shall ensure that the headquarters of each depart17 ment and major independent establishment of the

18 executive branch are located within the National

19 Capital region in conformance with the comprehen20 sive plan prepared and adopted pursuant to the Act

21 entitled ‘An Act providing for a comprehensive devel22 opment of the park and playground system of the

23 National Capital’, approved June 6, 1924 (40

24 U.S.C. 71 et seq.), unless otherwise specified by Act

25 of Congress.
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1 ‘‘(2) OTHER REGIONAL, DISTRICT, AREA, OR

2 LOCAL OFFICES.—The Administrator shall ensure

3 that the regional, district, area, or local offices of

4 Federal agencies are located so as to be centrally lo5 cated with respect to, in proximity to, or within easy

6 transportation access of, residential populations

7 served by the agencies or other governmental and

8 private offices with which the agencies must main9 tain continuing and frequent physical communica10 tion.

11 ‘‘(3) OTHER OFFICES.—The Administrator

12 shall ensure that the Federal agency offices other

13 than offices that are located pursuant to paragraph

14 (1) or (2), or that otherwise must be located close

15 to specific governmental or private offices or in spe16 cific geographic locations in order effectively to carry

17 out the responsibilities of the agency, are located

18 throughout the United States generally in proportion

19 to the geographic distribution of the population of

20 the United States.

21 ‘‘(b) OTHER FACTORS IN LOCATION.—After meeting

22 the requirements of subsection (a), the Administrator, in

23 consultation with local officials, shall take into account in

24 locating Federal agency offices—
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1 ‘‘(1) the costs, including relocation and operat2 ing costs, of proposed locations;

3 ‘‘(2) in the case of any office located in a stand4 ard metropolitan statistical area, the feasibility and

5 desirability of a location in the central business dis6 trict of a city within the area;

7 ‘‘(3) the proximity of existing or planned public

8 transportation facilities; and

9 ‘‘(4) the proximity of public amenities and com10 mercial facilities.’’.

11 SEC. 6. BUILDING DESIGN ADVISORY BOARD.

12 The Public Buildings Act of 1959 (40 U.S.C. 601

13 et seq.) (as amended by section 5) is further amended by

14 adding at the end the following:

15 ‘‘SEC. 23. BUILDING DESIGN ADVISORY BOARD.

16 ‘‘(a) ESTABLISHMENT.—There is established an advi17 sory committee to be known as the ‘Building Design Advi18 sory Board’ (referred to in this section as the ‘Board’)

19 for the purpose of conducting design competitions and re20 viewing the architectural design of Federal buildings.

21 ‘‘(b) MEMBERSHIP.—

22 ‘‘(1) IN GENERAL.—The Board shall consist of

23 7 members, appointed by the President, of whom at

24 least—
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1 ‘‘(A) 3 members shall have expertise in

2 construction or urban development;

3 ‘‘(B) 4 members shall be architects; and

4 ‘‘(C) 1 member shall be a landscape archi5 tect.

6 ‘‘(2) TERMS.—The term of a member of the

7 Board shall be 4 years. A member may be

8 reappointed for a consecutive additional term.

9 ‘‘(3) CHAIRPERSON.—The President shall ap10 point a chairperson of the Board from among the

11 members of the Board.

12 ‘‘(4) VACANCIES.—Any vacancy on the commis13 sion shall be filled in the same manner in which the

14 original appointment was made.

15 ‘‘(c) DUTIES OF BOARD.—The Board shall advise the

16 Administrator with respect to the design and siting of all

17 Federal building projects for which a prospectus is re18 quired under section 7.

19 ‘‘(d) MEETINGS.—The chairperson of the Board shall

20 call the meetings of the Board, which shall be held in

21 Washington, District of Columbia. Five members shall

22 constitute a quorum for the purpose of holding meetings.

23 ‘‘(e) STAFF.—The Administrator shall provide staff

24 for the Board.
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1 ‘‘(f) COMPENSATION.—Compensation for a member

2 of the Board shall be at a rate established by the Adminis3 trator.

4 ‘‘(g) TRAVEL EXPENSES.—Each member of the

5 Board shall be allowed travel expenses, including per diem

6 in lieu of subsistence, at rates authorized for employees

7 of agencies under subchapter I of chapter 57 of title 5,

8 United States Code, while away from the home or regular

9 place of business of the member in the performance of

10 services for the Board.

11 ‘‘(h) EXPENSES.—The expenses of the Board shall

12 be paid from funds under the control of the Adminis13 trator.’’.

14 SEC. 7. COMPETITION IN DESIGN.

15 (a) IN GENERAL.—Title IX of the Federal Property

16 and Administrative Services Act of 1949 is amended—

17 (1) by redesignating section 905 (40 U.S.C.

18 541 note) as section 906; and

19 (2) by inserting after section 904 (40 U.S.C.

20 544) the following:

21 ‘‘SEC. 905. PUBLIC BUILDING DESIGN COMPETITIONS.

22 ‘‘(a) IN GENERAL.—

23 ‘‘(1) DESIGNATION OF PROJECTS.—

24 ‘‘(A) SUBMISSION OF LIST.—Not later

25 than March 1, 1996, and each March 1 there-
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1 after, the Administrator of General Services

2 (referred to in this section as the ‘Adminis3 trator’) shall submit to the Building Design Ad4 visory Board established under section 23 of

5 the Public Buildings Act of 1959 (referred to in

6 this section as the ‘Board’) and to Congress a

7 list of all projects for the next fiscal year cov8 ered by sections 7 and 11 of the Public Build9 ings Act of 1959 (40 U.S.C. 606 and 610) for

10 which architectural and engineering services for

11 building design or site planning shall first be

12 procured during the fiscal year.

13 ‘‘(B) DESIGNATION.—In consultation with

14 the Board, the Administrator shall designate a

15 substantial number of the projects as projects

16 for which architectural and engineering services

17 shall be acquired through design competitions

18 conducted under this section. For each project

19 so designated, the Administrator shall designate

20 the appropriate competition format in accord21 ance with paragraph (2).

22 ‘‘(2) MODEL RULES.—Not later than October

23 1, 1996, the Administrator, in consultation with the

24 Board, shall issue model rules under which competi25 tions under this section shall be conducted. The
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1 rules shall be in accordance with this title and

2 shall—

3 ‘‘(A) establish not fewer than 3 different

4 model competition procedure formats, at least 1

5 of which shall provide for competitions lasting

6 not longer than 60 days and eliciting prelimi7 nary design concepts only;

8 ‘‘(B) require approval of the competition

9 program for each project by the Board;

10 ‘‘(C) provide for appointment of a project

11 competition adviser and appointment of a

12 project competition jury by the Board, in con13 sultation with the Administrator;

14 ‘‘(D) provide that each jury shall include a

15 representative of the General Services Adminis16 tration and a representative of the principal

17 Federal agency that shall occupy the building

18 or site that is the subject of the project; and

19 ‘‘(E) require the jury to report the rec20 ommendations of the jury in writing with rea21 sons for the recommendations.

22 ‘‘(3) COMPENSATION.—The Administrator shall

23 conduct each competition provided for under this

24 section and may provide for fair and reasonable

25 compensation for the firms that are required to
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1 render extensive design services in the course of par2 ticipating in a competition. Compensation for a

3 project competition adviser and for all firms in a

4 competition, including travel costs, shall not exceed

5 1 percent of the estimated cost of the project.

6 ‘‘(4) CRITERIA FOR SELECTION OF DESIGNS.—

7 A project competition jury shall make recommenda8 tions for selection based on the firms determined

9 best able to produce a design that—

10 ‘‘(A) bears visual testimony to the dignity,

11 enterprise, vigor, and stability of the Federal

12 Government;

13 ‘‘(B) is appropriate in scale, function, and

14 construction to its mission and its context; and

15 ‘‘(C) where appropriate, reflects regional

16 architectural traditions.

17 ‘‘(5) RECOMMENDATIONS CONCERNING NEGO18 TIATIONS.—The jury shall recommend to the Ad19 ministrator—

20 ‘‘(A) the firm with which the agency head

21 shall negotiate under section 904(a);

22 ‘‘(B) the firm with which the agency head

23 shall negotiate under section 904(b), if nec24 essary; and
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1 ‘‘(C) the order of all firms with which the

2 agency head shall negotiate under section

3 904(c), if necessary.

4 ‘‘(6) FINAL SELECTIONS.—The Administrator

5 shall make the final selections under paragraph (5).

6 If the selections differ from the jury recommenda7 tions, the Administrator shall document the reasons

8 of the Administrator for the public record.

9 ‘‘(7) JURY AND ADVISER PERSONNEL MAT10 TERS.—

11 ‘‘(A) COMPENSATION.—The services of an

12 individual who is not a Federal employee as a

13 project competition jury member or a project

14 competition adviser may be procured by the Ad15 ministrator as temporary and intermittent serv16 ices under section 3109(b) of title 5, United

17 States Code, at a rate for an individual that

18 does not exceed the daily equivalent of the an19 nual rate of basic pay prescribed for level V of

20 the Executive Schedule under section 5316 of

21 the title.

22 ‘‘(B) FINANCIAL DISCLOSURE REPORT.—

23 An individual who serves on a project competi24 tion jury or as a project competition adviser

25 under this section shall not be required to file
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1 a financial disclosure report under section 101

2 of the Ethics in Government Act of 1978 (5

3 U.S.C. App.) because of the service of the indi4 vidual.

5 (b) CONFORMING AMENDMENT.—The table of con6 tents in section 1(b) of the Act (40 U.S.C. prec. 471) is

7 amended by striking the item relating to section 905 and

8 inserting the following new items:

‘‘Sec. 905. Public building design competitions.

‘‘Sec. 906. Short title.’’.

9 SEC. 8. CONTRACTOR CERTIFICATIONS.

10 The Public Buildings Act of 1959 (40 U.S.C. 601

11 et seq.) (as amended by section 6) is further amended by

12 adding at the end the following:

13 ‘‘SEC. 24. CONTRACTOR CERTIFICATIONS.

14 ‘‘(a) IN GENERAL.—As a condition of entering into

15 any lease or other contract that would obligate funds in

16 excess of $10,000 authorized pursuant to this Act, the Ad17 ministrator shall require a certification described in sub18 section (b) from the owner of the space to be leased or

19 the contractor. An owner or contractor who fails to com20 plete the certification shall not be eligible to receive a lease

21 or contract award.

22 ‘‘(b) CONTENTS OF CERTIFICATION.—The certifi23 cation shall consist of declarations, made under penalty

24 of law provided under section 1001 of title 18, United
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1 States Code, and under other law, that the owner or con2 tractor, and any officer or principal employee of the con3 tractor—

4 ‘‘(1) has no business or employment relation5 ship or interest or holding that constitutes a conflict

6 of interest with the capacity of the person as a les7 sor or contractor with the Federal Government;

8 ‘‘(2) has not offered or promised anything of

9 value to a public official with the intent to—

10 ‘‘(A) influence any official act; or

11 ‘‘(B) induce the official to perform, or to

12 omit to perform, any act in violation of a lawful

13 duty of the official or to offer to give anything

14 of value to a public official for performing an

15 official act;

16 ‘‘(3) has not been debarred or suspended from

17 the award of public contracts;

18 ‘‘(4) has not had a public contract terminated

19 for default;

20 ‘‘(5) has not been convicted, within 10 years

21 prior to the date of the solicitation for the lease or

22 contract award, of, or is not under indictment as of

23 that date for or otherwise charged with—

24 ‘‘(A) a criminal offense—
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1 ‘‘(i) incident to obtaining or attempt2 ing to obtain a Federal, State, or local, or

3 private, contract or subcontract; or

4 ‘‘(ii) in the performance of such a

5 contract or subcontract;

6 ‘‘(B) a violation of chapter 96 of title 18,

7 United States Code;

8 ‘‘(C) a violation of Federal antitrust laws

9 arising out of the submission of bids or propos10 als; or

11 ‘‘(D) embezzlement, theft, forgery, bribery,

12 falsification or destruction of records, fraud, tax

13 fraud, receiving stolen property, or any equiva14 lent crime that is indicative of a lack of busi15 ness integrity.’’.

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

17 (a) IN GENERAL.—Not later than 1 year after the

18 date of enactment of this Act, the head of each Federal

19 agency (as defined in section 13(3) of the Public Buildings

20 Act of 1959 (40 U.S.C. 612(3)) shall review and report

21 to Congress on the long-term housing needs of the agency.

22 The agency shall attempt to provide for the reduction of

23 the housing needs of the agency.
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1 (b) ASSISTANCE FROM ACCOUNT MANAGERS.—The

2 Administrator of General Services shall designate 2 ac3 count managers for each agency to assist—

4 (1) the agency in carrying out the review re5 quired under subsection (a); and

6 (2) the Administrator in preparing uniform

7 standards for housing needs for—

8 (A) executive agencies (as defined in sec9 tion 13(4) of the Act (40 U.S.C. 612(4))); and

10 (B) establishments in the judicial branch

11 of the Federal Government.

12 SEC. 10. REPORT ON ENDING GSA MONOPOLY WITH RE13 SPECT TO PUBLIC BUILDINGS PROJECTS.

14 (a) IN GENERAL.—Not later than 1 year after the

15 date of enactment of this Act, the Director of the Office

16 of Management and Budget, in consultation with the Ad17 ministrator of General Services, shall report to Congress

18 on the feasibility and desirability of ending the monopoly

19 of the General Services Administration with respect to

20 providing office and storage space for Federal agencies,

21 including whether the ending of the monopoly is necessary

22 and would be cost-effective.

23 (b) PLAN.—If the report required under subsection

24 (a) determines that it is feasible and desirable to end the

25 monopoly, the Director shall submit a plan for ending the
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1 monopoly and provide recommendations for the implemen2 tation of the plan. The plan shall ensure at least an over3 sight role for the General Services Administration in de4 termining—

5 (1) the adequacy of the request of an individual

6 agency for office or storage space;

7 (2) whether a proposed project is in the best

8 economic interest of the taxpayers; and

9 (3) whether the design is approved by the

10 Building Design Advisory Board established under

11 section 23 of the Public Buildings Act of 1959 (as

12 added by section 6).

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