BRIEFING DOCUMENT, PUBLIC LAW 92-313

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500350006-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2001
• Sequence Number: 6
• Publication Date: November 21, 1973
• Content Type: MF

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21 f~OV 173
MEMORANDUM FOR: Office of Legislative
ounse
SUBJECT Briefing Document, Public Law 92-313
As requested, attached is a broad and
generalized summary of the current status of Public Law
92-3I3, relative to the Agency. Please note that costs
are rounded and explanatory or clarifying information
minimized in the interest of brevity. If further infor-
mation is required, please-call on extension _
Depu y irec ~
STATI~TxL~ A
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I. The Public Buildings Amendments of 1972, P. L. 92-313:
T:he Act amends the Public Buildings Act of 1959 and
the Federal Property and Administrative Services Act of
1949.
A. S~c~o~?e: The Act establishes a Federal Buildings
Fundy r construction, purchase, or lease of public
buildings. Public Buildings acquisition is subject
to the approval of the Senate and House Committees
o:n Public Works when costs exceed $500,000. 'The ~f"
Administrator of the General Services Administration
(GSA) is authorized to charge other agencies for
services and space furnished at rates comparable to
commercial charges. Space charges accrue to the
Federal Buildings Fund, and services charges defray
most GSA operating expenses. The net result is that,
instead of GSA, individual agencies now budget for
maintenance and operation of existing space plus
contribute toward a fund far replacement or expansion
space.
B. Applicabi~lit P. L. 92-313 is generally held to
be applica 1~ to anyone furnished space or services
bey GSA; however, the parent Acts provide exceptions
including buildings on military reservations and
special-purpose buildings (i.e., buildings specifically
constructed to meet the special needs of a given
Agency). The parent Acts also provide for specific
exemptions as determined by the Director, Bureau of the
Budget (now, of course, OMB), and the GSA Administrator.
Additionally, the Administrator, GSA, has exemption
authority included under the provisions of P. L. 92-313.
C. Services Provided: GSA provides space through
lease or assignment in existing Federal buildings.
Criteria is established for Standard Levels of Main-
tenance which basically constitute the equivalent of
commercial maintenance and operation for a one-shift,
five-day week. Additional services, maintenance, and
utilities, as required by the using agency, are furnished
on a direct-reimbursement basis. The Federal Buildings
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Legislative Counsel Briefing Document Page 2
Fund is available for lease, purchase, or construction
of replacement/expansion space, as required, subject to
appropriate GSA/Congressional approval.
II. A envy Impact:
A. Applicability: By definition the Act applies only
to Agency buildings in the United States which were
provided or are maintained and operated by GSA. (Prop-
erties on military reservations or Agency-owned and
-operated properties are not included.) The Agency
concurs in the applicability of GSA charges for service
furnished. The Agency also concurs on the applicability
of space charges for those buildings which, for cover
reasons or by the nature of their acquisition, are on
GSA records and are maintained and operated by GSA. The
Agency has, however, in a letter to the Administrator,
STATINTL GSA, claimed exemption from the space-charge provisions
applied to its buildings in the Headquarters Complex at
Langley and to its
in xemp ion is
claime or e o owing reasons.
]L. Construction of the Headquarters Complex was
effected with funds under special appropriation
for the Agency;
3. The 1949 parent Act was specifically limited
from affecting Agency activities;
4. Agency replacement or expansion facilities have
not, heretofore, been subject to the review of the
Public Works Committees; and
5. National security considerations preclude
recognition of GSA space assignment and level of
maintenance authority within the Agency's major
Headquarters Buildings.
B. Cost: The A enc has initially included an approxi-
STATINTL mate amount of in the FY 1975 program for
costs attribut e tandard Level User Charges
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Legislative Counsel Briefing Document
Page 3
(which include space charges) plus reimbursable charges
for GSA-provided maintenance, operation uard service,
and facilities modifications. Of this STATINTL
total, a minimum of approximately e- STATINTL
Bents space "Rental" charges for s Com-
STATINTL plex and (this amount being derived from
the GSA es ima e or LUCy plus additional reimbursable
costs less the Agency estimate of direct-reimbursement
costs only).
III. OMB Position:
The Office of Management and Budget examiner has suggested
that, if the Agency does not obtain exemption from the pro-
visions of P. L. 92-313 for its Headc{uarters Complex and
the Agency may have to look to the Federal
us. ings and (GSA and the Public Works Committees) as a
source of funds for improvements, renovations, and special
supplementary services for these facilities.
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ROUTING AND RECORD SHEET
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FROM:
Deputy Director of Logistics
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