II

103D CONGRESS

1ST SESSION S. 1760

To amend the Public Buildings Act of 1959 to improve the process of

constructing, altering, purchasing, and acquiring public buildings, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Mr. METZENBAUM (for himself, Mr. SIMPSON, and Mrs. BOXER) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

A BILL

To amend the Public Buildings Act of 1959 to improve

the process of constructing, altering, purchasing, and

acquiring public buildings, 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 ‘‘Public Buildings Re5 form Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) as of the date of enactment of this Act, the

9 General Services Administration (referred to in this
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1 section as ‘‘GSA’’), as the principal agency respon2 sible for providing office and storage space for Fed3 eral workers, controls over 7,700 Federal Govern4 ment buildings and over 253,000,000 square feet of

5 office and storage space nationwide;

6 (2) in order to carry out the essential house7 keeping functions of the Federal Government, for

8 fiscal year 1994, GSA expects to spend more than—

9 (A) $925,000,000 to construct, alter, pur10 chase, and acquire public buildings; and

11 (B) $2,000,000,000 on leases for space;

12 (3) despite the enormous responsibilities and

13 dedicated work force of GSA, the agency has been

14 plagued with inherent structural weaknesses, inter15 nal management and operational problems, frequent

16 changes in leadership and direction, and external

17 pressures from other Federal agencies, the courts,

18 and Congress;

19 (4) GSA lacks a strategic focus, does not oper20 ate in a business-like manner, and has not developed

21 a comprehensive policy framework for managing the

22 overall real estate portfolio of the Federal Govern23 ment of approximately 400,000 buildings;

24 (5)(A) effective congressional oversight of GSA

25 has been lacking; and
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1 (B) funding and authorization of public build2 ing projects by Congress has been conducted on a

3 piecemeal basis, often without adequate information

4 or detail about actual costs or how a project fits into

5 a long-range plan for meeting the needs of the Fed6 eral work force; and

7 (6) the problems described in paragraphs (1)

8 through (5) have resulted in an inefficient and inef9 fective public buildings program and a drain of mil10 lions of tax dollars.

11 (b) PURPOSES.—The purposes of this Act are to—

12 (1) ensure that, after the date of enactment of

13 this Act, the public building and leasing projects of

14 the Federal Government meet the needs of the Fed15 eral work force in a more strategic, cost-effective

16 manner;

17 (2) strengthen congressional oversight of the

18 real estate activities of GSA by requiring GSA to

19 provide Congress with long-range public building

20 plans and better information on individual projects

21 that are subject to section 7(a) of the Public Build22 ings Act of 1959 (40 U.S.C. 606(a));

23 (3) ensure that GSA serves as a central reposi24 tory for the asset management information of the

25 Federal Government; and
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1 (4) require a report on encouraging competition

2 in the provision of Federal office and storage space

3 to reduce the overall costs of providing office and

4 storage space for the Federal Government.

5 SEC. 3. CONGRESSIONAL OVERSIGHT OF PUBLIC BUILD6 INGS PROJECTS.

7 (a) IN GENERAL.—Section 7 of the Public Buildings

8 Act of 1959 (40 U.S.C. 606) is amended—

9 (1) in subsection (a)—

10 (A) by striking the fourth sentence;

11 (B) by designating the first, second, and

12 third sentences as clauses (i), (ii), and (iii), re13 spectively, of paragraph (2)(B);

14 (C) by inserting after ‘‘(a)’’ the following

15 new paragraph:

16 ‘‘(1)(A) Not later than February 1, 1995, and Feb17 ruary 1 of every second year thereafter, the Administrator

18 shall submit to Congress a biennial public buildings plan

19 (referred to in this subsection as the ‘biennial plan’), for

20 the first 2 fiscal years that begin after the date of submis21 sion, for such projects relating to the construction, alter22 ation, purchase, or acquisition of public buildings, or the

23 lease of office or storage space, as the Administrator de24 termines are necessary to carry out the duties of the Ad25 ministrator under this Act or any other provision of law.
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1 ‘‘(B) The biennial plan shall include—

2 ‘‘(i) a strategic long-term capital asset manage3 ment plan for accommodating the public building

4 needs of the Federal Government which reflects of5 fice space demands and fluctuations in market forces

6 affecting building construction and availability

7 ‘‘(ii) a list, in order of priority, of construction,

8 alteration, purchase, and acquisition projects subject

9 to paragraph (2) for which authorizations of appro10 priations are requested for 1 or both of the 2 fiscal

11 years referred to in subparagraph (A), including a

12 description of each project and the number of square

13 feet of space involved with respect to each project;

14 ‘‘(iii) a list, in order of priority, of lease and

15 lease renewals for which authorizations of appropria16 tions are requested for 1 or both of 2 fiscal years

17 referred to in subparagraph (A);

18 ‘‘(iv) an explanation of the orders of priority

19 specified under clauses (ii) and (iii);

20 ‘‘(v) a list of all public buildings proposed to be

21 vacated in whole or in part, to be exchanged for

22 other property, or to be disposed of;

23 ‘‘(vi) a proposed budget for the repair and

24 maintenance of public buildings in existence on the

25 date of the biennial plan;
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1 ‘‘(vii) the estimated annual and total cost of

2 each project; and

3 ‘‘(viii) recommendations, prepared in consulta4 tion with the Director of the Office of Management

5 and Budget, with respect to appropriations that are

6 necessary to carry out the biennial plan.

7 ‘‘(C)(i) The Administrator shall hold a public hear8 ing, and certify in the biennial plan that the hearing was

9 held, in the locality of each major construction, alteration,

10 purchase, acquisition, or lease project included in the bien11 nial plan.

12 ‘‘(ii) Each hearing shall—

13 ‘‘(I) examine—

14 ‘‘(aa) the economic, social, and other ef15 fects and benefits of the project to the locality;

16 and

17 ‘‘(bb) the consistency of the project with

18 local urban planning objectives; and

19 ‘‘(II) in the case of new construction, consider

20 the impact of the project on local commercial va21 cancy rates.

22 ‘‘(D) The Administrator shall include in the biennial

23 plan, with respect to each project—

24 ‘‘(i) any final report that is required to be pre25 pared pursuant to any applicable federal law includ-
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1 ing any environmental assessment or impact state2 ment required pursuant to the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

4 and

5 ‘‘(ii) a report that indicates the consideration

6 that was given to facts and issues concerning the

7 project and the various alternatives that were raised

8 during the hearing required under subparagraph (C)

9 or that were otherwise considered.

10 ‘‘(E) If a project included in a biennial plan is not

11 approved in accordance with this subsection, or if funds

12 are not made available to carry out the project, the Ad13 ministrator may include the project in the next biennial

14 plan.’’;

15 (D) in paragraph (2) (as designated by

16 subparagraph (B))—

17 (i) by inserting after ‘‘(2)’’ the follow18 ing new subparagraph:

19 ‘‘(A) Notwithstanding any other provision of law, the

20 Administrator may not obligate funds that are made avail21 able for any project for which approval is required under

22 subparagraph (B) unless—

23 ‘‘(i) the project was included in the biennial

24 plan for the fiscal year; and
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1 ‘‘(ii) a prospectus for the project was submitted

2 to Congress under subparagraph (C).’’;

3 (ii) in subparagraph (B) (as des4 ignated by subparagraph (B))—

5 (I) in clauses (i) and (ii) (as des6 ignated by subparagraph (B)), by

7 striking ‘‘$1,500,000’’ each place it

8 appears and inserting ‘‘$1,000,000’’;

9 (II) in clause (i) (as designated

10 by subparagraph (B)), by adding at

11 the end the following new sentence:

12 ‘‘No funds may be used for the alter13 ation of a public building to the extent

14 that the cost of the alteration would

15 result in an aggregate cost of alter16 ations of the building in excess of

17 $1,000,000 over a 5-year period, un18 less the alteration has been approved

19 in accordance with this clause.’’; and

20 (III) in clause (ii) (as designated

21 by subparagraph (B)), by adding at

22 the end the following new sentence:

23 ‘‘No funds may be used for the lease

24 of space within a public building to

25 the extent that the lease would result
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1 in an aggregate cost of the space

2 leased within the building in excess of

3 $1,000,000 annually, unless the lease

4 for the additional space in the build5 ing has been approved in accordance

6 with this clause.’’; and

7 (iii) by adding at the end the follow8 ing new subparagraph:

9 ‘‘(C) For the purpose of obtaining approval of a pro10 posed project under subparagraph (B), the Administrator

11 shall transmit to Congress a prospectus of the project, in12 cluding—

13 ‘‘(i) a brief description of the public building to

14 be constructed, altered, purchased, acquired, or the

15 space to be leased under this Act;

16 ‘‘(ii) the location of the public building or the

17 space, and a description of other alternative loca18 tions considered, the costs of the alternative loca19 tions, and a brief explanation of the rejection of the

20 alternative locations;

21 ‘‘(iii) an estimate of the maximum cost, based

22 on the standards for measuring office space of the

23 Building Owners and Managers Association, to the

24 Federal Government of the public building to be con-
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1 structed, altered, purchased, or acquired, or the

2 space to be leased;

3 ‘‘(iv) with respect to each alteration of a public

4 building—

5 ‘‘(I) a description of each previous alter6 ation and the cost of the alteration;

7 ‘‘(II) a statement of whether future ex8 penditures for which approval is required under

9 subparagraph (B) are anticipated to maintain

10 the building; and

11 ‘‘(III) the expected remaining useful life of

12 the building;

13 ‘‘(v) a comprehensive plan for providing space

14 for all Federal Government officers and employees in

15 the locality of the proposed public building or the

16 space to be leased, after considering suitable space

17 that may continue to be available in Federal Govern18 ment-owned or occupied public buildings in existence

19 on the date of the plan;

20 ‘‘(vi) with respect to each project for the con21 struction, alteration, purchase, or acquisition of a

22 public building, a statement by the Administrator

23 that suitable space owned by the Federal Govern24 ment is not available and that suitable rental space
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1 is not available at a price commensurate with the

2 price of the proposed project;

3 ‘‘(vii) a descriptive analysis that outlines the ra4 tionale, economics, and cost savings associated with

5 selecting construction, alteration, purchase, or acqui6 sition of a public building over each of the other al7 ternatives, including a certification by the Adminis8 trator that realistic economic assumptions are uti9 lized to justify a proposed project; and

10 ‘‘(viii) a statement of rents and other housing

11 costs being paid, as of the date of the prospectus,

12 by the Federal Government for the Federal agencies

13 to be housed in the public building to be con14 structed, altered, purchased, or acquired, or the

15 space to be leased.’’; and

16 (E) by adding at the end the following new

17 paragraph:

18 ‘‘(3) If the Administrator, in consultation with the

19 Commissioner of the Public Buildings Service, determines

20 that an overriding economic or safety interest requires

21 emergency authority to construct, alter, purchase, or ac22 quire a public building, or lease office or storage space,

23 and that the authority cannot be obtained in a timely man24 ner through the biennial planning process required under

25 paragraph (1), the Administrator may submit a written
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1 request for the authority to the Committee on Environ2 ment and Public Works of the Senate and the Committee

3 on Public Works of the House of Representatives. If Con4 gress specifically provides the authority by Act of Con5 gress, the Administrator may carry out the emergency

6 project.’’;

7 (2) by striking subsection (b); and

8 (3) by redesignating subsections (c) through (f)

9 as subsections (b) through (e), respectively.

10 (b) INCLUSION OF REQUESTED BUILDING PROJECTS

11 IN BIENNIAL PLAN.—Section 11(b) of such Act (40

12 U.S.C. 610(b)) is amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

14 (2) by adding at the end the following new

15 paragraph:

16 ‘‘(2) The Administrator may include a prospectus for

17 the funding of a public building project for which a report

18 is submitted under paragraph (1) in a biennial public

19 buildings plan required under section 7(a)(1).’’.

20 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

21 (1) Section 4(b) of such Act (40 U.S.C. 603(b))

22 is amended by striking ‘‘$1,500,000’’ and inserting

23 ‘‘$1,000,000’’.

24 (2)(A) Section 7 of such Act (40 U.S.C. 606)

25 is amended—
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1 (i) in subsection (a), by striking ‘‘Commit2 tee on Public Works of the Senate and House

3 of Representatives, respectively’’ each place it

4 appears and inserting ‘‘Committee on Environ5 ment and Public Works of the Senate and the

6 Committee on Public Works and Transpor7 tation of the House of Representatives’’; and

8 (ii) in subsection (c)—

9 (I) by striking ‘‘Committees on Public

10 Works of the Senate and of the House of

11 Representatives, respectively,’’ and insert12 ing ‘‘Committee on Environment and Pub13 lic Works of the Senate and the Committee

14 on Public Works and Transportation of the

15 House of Representatives’’; and

16 (II) by striking ‘‘Committee on Public

17 Works of the Senate or the Committee on

18 Public Works of the House of Representa19 tives,’’ and inserting ‘‘Committee on Envi20 ronment and Public Works of the Senate

21 or the Committee on Public Works and

22 Transportation of the House of Represent23 atives’’.

24 (B) Section 11(b) of such Act (40 U.S.C.

25 610(b)) is amended by striking ‘‘Committee on Pub-
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1 lic Works of the Senate or the Committee on Public

2 Works of the House of Representatives’’ and insert3 ing ‘‘Committee on Environment and Public Works

4 of the Senate or the Committee on Public Works

5 and Transportation of the House of Representa6 tives’’.

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) in subsection (a)—

11 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(2) The Administrator shall use the results of the

15 continuing investigation and survey required under para16 graph (1) to establish a central repository for the asset

17 management information of the Federal Government.’’;

18 and

19 (2) in subsection (b)—

20 (A) by designating the first and second

21 sentences as paragraphs (1) and (2), respec22 tively; and

23 (B) by adding at the end the following new

24 paragraph:

25 ‘‘(3)(A) Each Federal agency shall—
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1 ‘‘(i) identify unneeded, obsolete, and

2 underutilized public buildings; and

3 ‘‘(ii) annually report the information on the

4 buildings described in clause (i) to the Adminis5 trator.

6 ‘‘(B) The Administrator shall find more cost-effective

7 uses for, or sell, the public buildings identified under sub8 paragraph (A).’’.

9 SEC. 5. DESIGNATION OF PUBLIC BUILDINGS OMBUDSMAN.

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

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

12 new section:

13 ‘‘SEC. 22. DESIGNATION OF PUBLIC BUILDINGS OMBUDS14 MAN.

15 ‘‘(a) IN GENERAL.—The Administrator shall des16 ignate an official to act as ombudsman within the Public

17 Buildings Service of the General Services Administration.

18 The ombudsman shall carry out the duties described in

19 subsection (b).

20 ‘‘(b) DUTIES.—The ombudsman designated under

21 subsection (a) shall—

22 ‘‘(1) receive complaints, grievances, and re23 quests for information from the public with respect

24 to matters relating to public buildings and concern-
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1 ing private sector business interests and contracting

2 officers of the General Services Administration;

3 ‘‘(2) make findings and render assistance with

4 respect to the complaints, grievances, and requests

5 received under paragraph (1); and

6 ‘‘(3) make such recommendations to the Ad7 ministrator as the ombudsman considers appro8 priate.’’.

9 SEC. 6. REPORT ON ENDING GSA MONOPOLY WITH RE10 SPECT TO PUBLIC BUILDINGS PROJECTS.

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

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

13 of Management and Budget, in consultation with the Ad14 ministrator of General Services, shall report to Congress

15 on the feasibility and desirability of ending the monopoly

16 of the General Services Administration with respect to

17 providing office and storage space for Federal agencies,

18 including whether the ending of the monopoly is necessary

19 and would be cost-effective.

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

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

22 monopoly, the Director shall submit a plan for ending the

23 monopoly and provide recommendations for the implemen24 tation of the plan. The plan shall ensure at least an over25 sight role for the General Services Administration in de-
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1 termining the adequacy of the request of an individual

2 agency for office or storage space and whether a proposed

3 project with respect to space is in the best economic inter4 ests of taxpayers.

5 SEC. 7. ADDRESSING GOVERNMENT DOWNSIZING.

6 (a) REPORT ON LONG-TERM HOUSING NEEDS.—

7 (1) IN GENERAL.—Not later than 1 year after

8 the date of enactment of this Act, each Federal

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

10 Buildings Act of 1959 (40 U.S.C. 612(3)) shall re11 view and report to Congress on the long-term hous12 ing needs of the agency. The agency shall attempt

13 to provide for the reduction of the housing needs of

14 the agency.

15 (2) ASSISTANCE FROM ACCOUNT MANAGERS.—

16 The Administrator of General Services shall des17 ignate 2 account managers for each agency to as18 sist—

19 (A) the agency in carrying out the review

20 required under paragraph (1); and

21 (B) the Administrator in preparing uni22 form standards for housing needs for—

23 (i) executive agencies (as defined in

24 section 13(4) of such Act (40 U.S.C.

25 612(4)); and
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1 (ii) establishments in the judicial

2 branch of the Federal Government.

3 (b) REDUCTION IN HOUSING COSTS.—By the end of

4 the third fiscal year that begins after the date of enact5 ment of this Act, each Federal agency referred to in sub6 section (a)(1) shall reduce by no less than 5 percent—

7 (1) the aggregate office and storage space held

8 by the agency on the date of enactment of this Act;

9 or

10 (2) the annual housing costs (including the

11 costs of energy, supplies, furniture, and minor re12 pairs) of the agency, as compared to the housing

13 costs of the agency for the fiscal year during which

14 this Act was enacted.

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