ACQUISITION OF SPACE UNDER PUBLIC BUILDING ACT OF 1959 AS AMENDED BY PUBLIC LAW 92-313

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-01019R000200090002-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: November 17, 2016
• Document Release Date: June 20, 2000
• Sequence Number: 2
• Content Type: MF

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4EMORANDiM FORt Chief, RECD
SUBJECTZ Acquisition of Space Under Public Buildings Act of 1959 as
kmended by Public Law 92-313
ENCE: Memorandum for the Director of Logistics dated 4 Dec 197)
I Public Law 9a-313 provides that there is ..."established in the
treasury of the United States on such date as may be determined by
the Administrator, a fund into which there shall be deposited revenues
land collections" from "User charges." The Act further provides that the
Moneys deposited into the fund shall be available for real property
-anagement and related activities in such amounts as are specified in
annual appropriations Acts without regard to fiscal year limitations."
The Federal Property Managanent Regulations implement PL 92-313
from the Deputy Director for Administration.
tin Subpart 101-21. 'Trojects for the construction or alteration of
public buildings, or for the alteration of leased buildings, for which
GSA is responsible will be financed from the Federal Buildings Fund."
PKR 101-21.501
PL 92-313 and the FM in 101-19.202 provide that projects shall be
equitably distributed throughout the United States with du
e regard for the
}comparative urgency of the need for each project as determined by the
Fd ministrator of GSA.
Federal agencies identifying a need for construction of a public
building are required to provide the necessary information and requirements
to GSA within 60 days of the receipt of a request for such information to
:includes (1) a statement of net space occupied in public buildings by
the Federal agency in the community for which the project is intended,
and an itemization of area in square feet allocated to each specific
!agency function (2) a firm statement of entire space and facility
'requirements (3) detailed information on space requiring special structural.
jot mechanical facilities and such other information as provided in FPM
1101-19.204.
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Once the requesting agency has prepared its requirements for the
proposed facility they are forwarded to the Director of Planning Staff,
Office of Operating Programs, Public Building Service, GSA who acts
as the liaison for coordinating the requirements of the requesting agency
in drafting the proposal and specifications for the construction project.
The project requirements are then submitted to the Office of Space
Planning and Management, Public Building Service.. This office approves
the project, prepares a proppectus, or statement of the proposed project
including its description, location, estimated maximum cost, etc. as
outlined in FPMR 101-19.003-5. PL 92-313 requires the preparation of
a prospectus where the proposed construction involves an expenditure in
excess of $500,000.
The proppectus is submitted to the Office of Management and Budget
{ for approval in accordance with the provisions of Executive Order 9381k.
If C MB approves the project, the prospectus is submitted to the
Committee on Public Works of the Senate and House of Representatives
for approval by resolution as provided in Section 7 of PL 92-313.
Upon approval by the Public Works Committees of the House and
(Senate, the project is then placed as a line item in the GSA budget
for the next fiscal year. As previously noted, the priority of projects
is determined by the Administrator of General .Services. FPMR 101-19.202
The GSA budget with the assigned priorities for construction is
submitted to the Appropriations Committees of the House of Representatives
!and the Senate for approval and the final enactment as public law by
the Senate and House of Representatives.
Projects approved by the Committees on Public Works of the Senate
and the House of Representatives for which an appropriation has not
been made within one year after the date of approval may be rescinded
by either Committee by resolution at any time thereafter before such
an appropriation has been made. FL 92-313
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Attached is a copy of "Program and Space lftequirementsn prepared
the U.S. Civil Service Commission for a proposed Federal Executive
tstitute and Managerial Training Center at Charlottesville, Virginia
and a copy of the prospectus prepared for the Chairman, Committee on
$iblic Works of the Senate. Although these attachments concern the
construction by the University of Virginia and lease to the Federal
Government of the proposed facility, they are representative of the
requirements which must be met to obtain the approval of any project
under the.3Publie Buildings Act of 1959 as amended by PL 92-313.
There is attached also a copy of PL 92-313, PL 93-381 making the
appropriation for the General Services Administration for the fiscal
year ending June 30, 1975, and a copy of Executive Order 9384 which
re submitted as background information.
Members of the Real Estate Branch, RECD held several informal
Meetings with GSA personnel including Mr. Jack Gural, Director of
Planning Staff, Office of Operating Programs, Mr. Gerald Belt,
member of the Planning Staff responsible for prospectuses, and Ms.
rilleary Richards and Mr. James Garrett of the Space Management
Division, Office of Operating Programs.
~ince no purchase contracts may be granted therefore after June 16,
1975, the time span for project approval eliminates this avenue for
pbtaining a building under PL 92-313.
During these meetings it was elicited that a project managed
irder the Public Building Fund would require an estimated four years
for completion consisting of at least a year for the approval process,
year for the building design, and two years for construction. PL
9
2-313 provides that "No purchase contract shall, be entered into under
I
he authority granted under this section after the end of the third
fiscal year which begins after the date of enactment of this section."
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The factor of political pressures was adroitly alluded to by GSA
spokesman when the question of the assignment of priorities was broached.
3A.assigns priority status to the construction projects approved in
descending order, and might receive appropriations from Congress on only
or 6 out of 100 projects, for example.
GSA personnel said that there were many projects which were not
handled through the Public Building Fund. A building under construction
at the Atomic Energy Commission complex at Germantown was cited as an
(example. They thought that with the pressures of competing with all
other Government agencies for the construction of buildings under the
Public Building Fund, the better approach and one more likely to obtain
approval would be through whatever Committees of Congress controlled
jAgency matters, as had been done by the AEC. If this approach is taken
an informal approval is apparently obtained from the House and Senate
Committees on Public Works.
The GSA personnel interviewed emphasized that the Federal Building
Fund does not provide funds for feasibility studies or for the develop-
ment of requirements for the construction of a building. When a building
,project is approved by the Public Works Committees of Congress and funds
have been appropriated those funds will include site preparation and A and
E expenses.
25X1A
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FORM NO. 7'7 Use previous editions (40)
 `D INISTRATIVE - INTERNAL USE ONE'
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DD/A 74-4765
4 DEC 1974
MEMORANDUM FOR: Director of Logistics
1. Will you please have forthwith prepared a a er STATINTL
that I might use at the DCI Winter Conference atn
February which, in general terms, sets forth the pros and
cons of our determining to erect a building on the Langley
campus designed either for special purpose use or for
"people use." The paper does not have to be overly detailed
in nature or in length, but it should seize on the major
issues and considerations.
2. In connection with this paper, you might endeavor
to make some low profile inquiries of GSA as to the proce-
dures for qualifying under the SLUC concept for funds to
actually erect the building.
3. I will be happy to discuss this matter with you in
a little more detaLl if you like. In any event, we should have
receipt of the paper no later than 10 January.
STATINTL
John F. Blake
Deputy Director
for
STATINTL
~"C~ 1'J t SCUSS
1 Gov I ~~?~ STATI N-
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