IMPACT OF PUBLIC BUILDING ACT (PROSPECTUS) ON ACQUISITION OF SPACE (U)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-01019R000200150021-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: January 31, 2002
• Sequence Number: 21
• Publication Date: August 16, 1978
• Content Type: MF

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NtMORANDU4 Director of Contral Intsiligence
VIA:
?"-
Deputy Director of Central Intelligeace
General. Counsel
Legislative Counsel
Comptroller
PAM:? John P. Blake
Ar
Deputy Director for Administration -
SUBJECT: Impact of Public Buildings Act (Prospectus)
on Acquisition of Space (U)
7,
1. (U) Action Req4ested: It is requested that you
Sign and direci?fhe attache letterto the Chairmen of the
house and, Senate Appropriations COarattOOS, 4
2. (10) Background aad Staff Position:
a. On 17 July 1970, Adniaistrator Solomon of the
General Services Administration (GSA) acceded to repeated
requests and authorized the acquisition of leased space in
the Xotropolitan Washington Area (NUA)(see Attachment 1).
However, this stuthorisation was coupled with the requirement
that the ecquisition be effected in accordance with the
provisions of the Public Buildings Act of 1959, as amended.
This requires the preparation of a detailed prospectus In
.eoordinatiou with GSA, approval to proceed from the Office
of Management and Budget (OMB), and, finally, authorization
from the Public Works Committees in both houses of Congress.
Thi .s an . t s to accomplish
(u th no guarantee of obtaining authorizat on to proceed)
and oaly when it is successfully concluded will GSA begin
the actual process of acquisition (Larket analysis, solic-
itations, etc.). This latter process noreally takes another
0 to 12 months before a lease is actually signed and to this
must be added at least 6 months fur alterations. Assuming
it will take S months just to pre are the prospectus, we,
therefore, lee* a 30.-esont dela *fore at nificant relief
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JUT: impact of Public ZInildings Act (Pro -ectus) on
Acquis tion of Sync? (U)
The history of this specific acquisition can be
traced o 12 December ,1975 when the Chief, easel estate and
Constructjon Division, Office of Logistics, forwarded a
Suuder4 Pora $1 (see Attachment 2 re u stin S,000
a U 4
St
was tailored to scqu
fl?rro ilU. ItYtO mo t 5urre passed and
$1.4.44.4244 :'.tandard rorm 61 s were forwarded as dictated by
changing circumstances (Northrop Page management refused to
lease the regaining space)., lAtermittentlx_throuthent the
period, a AOrA Timm. .a the ecgisitt,a ofARecewas iosod,
thus stILLIEALA 1 acquisition sU?
C. Notwithstanding the moratorism, the Agency
continued to plan for the eventual acquisition as evidenced .
by the various budget submissions, both going from the
Office of Logistics (OL) to the Comptroller and ultimatelr
from the Comptroller to Congress, The audit trail commenced
in August 1975 when the Director of Logistics forwerded his
FY 1977 budget estimates for the Federal Buildings Fund to
the Comptroller (see Attachment 3). Subsequently, the
Comptroller's submission to ORD for Ft 1977 carried forward
OL's estimate of $1.091 million for the acquisition (see
Attachment 4). As a result of OMB's review, the budget
submission to the Congressional Appropriations Committees
was reduced and reflected a revest for $Z35 ,001.1P fund the
uisition 550 Attac1oat S). DC1 Dusk, La an appearance
0 p ations Committee on l_April 1976,
quo a Mahon concoritin this see item in
the bu e requirement.
4. Thor* ie little doubt that acquisition was
authorized and funds appropriated by Congress in FY 1077.
Beeeuse acquisition uas considered feasible and imminent,
the requirement, as * distinct lino item in the budget, was
dropped its succeeding fiscal years. Uowever, the? require-
ment was carried over as a firm requirement in interne/
Asortcy budget docuaents (see Attachment 7 for OLIs FY 1979
forecast) and to Congress by the Comptroller (see Attach-
ment 6). The fundamental difference between the FY 1977
submission and those of succeeding years is one of format.
Rather than reflecting a separate dollar amount in the
"Lxpansion-' column as was done in .FY 1977* the requirement
was lumped into the total needed to reimburse the Federal
Buildings Fund under the Standard Level User Charges (SLUC).
ird of the
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? 41DP86-01019R000200150021-5
SUBJECT: Impact of Public Buildings Act (Prospectus) on
Acquisition of Space (U)
This dichotomy arises because the budget planning cycle ,
begins each year in January with the issuance of the Program:.
Call which is applicable to the fiscal year beginning 21
months later.. Thus, budget planning for Fiscal Year 1978
and out years had to assume that the $935,000 originally
appropriated would automatically be required in succeeding
fiscal years, and this sum was merely added to the aggregate
SLGC paygtolit base cost column in FY 1978 and subsequentt:H -
submissions.
, . ?
?
- es.- The crux of'the matter, is outlined in an Office
of General Counsel (OCC) memorandum of 17 March 1978 (see
Attachment 9) wherein OGC advised that if it can be shown
that monies in excess of $500,000 were appropriated for a
specific purpose, the requirements imposed by the Public
Buildings Act no longer pertain. Such a legal determination
will allow the appropriate agency official to so certify in
writing to the requesting agency, GSA in this instance, thus
avoiding the requirement for a prospectus. Because the
Federal Buildings Fund was established under an amendment to
the Public Buildings Act and to avoid any appearance of
misleading Congress, or GSA acting as our agent, it is
appropriate to notify the Chairmen of the respective Appro-
priations Committees of the Agency's position and intent. A
similar course of action was followed in May of 1978 regard-,
ing Project SAFE and other pressing construction require-
ments (see Attachment 10).
3. (U) Recommendation: It is recommended that you
sign and dispatch the attached letter to the Chairmen of the
House and Senate Appropriations Committees.
/4/1
John F. Blake
Atts
Distribution:
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Qr fins Jament?geDonald Date
1.5fu.
1.1 AUG1978
00150021-5
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rab o Warra G. agnuson, C irman
ittee on Appropriations
ea States Senate
"e'aelelleetea,V. .'20$10
lionorablellmorge X. Mahon, Chairman
Committee:olvAppropri tieMs.
Hou** of Represettati
Washington,D.C. IOS
Dear Pr. Ghairme
tn. the process of ac iring cri ic lly needed ?leased
space in the Metropolitan ashingte Ares, an issue has
been raised -by the Genera ervie Admiaistration (GSA),
the resolution of which mak coo dination with your
Committees approPrlate.
z)tiPt c2443/s--
Durine heariags an the As
hen Director Bash explained
requirement for additional
area. Uuch of this require
vert offite space to mechl
as SAPB? ADSTAI? and CAMS
by your Committees. In f
than when first explain -
incessant demands of t
number of Agency functi
the past two year*.
on scquisition of spec
ever into each succe
acquiesced to repeate
is willies to procee
acquisition, however being subject to the prospectus require-
ments established by the Public Buildings Act of 190, as
amended. Thus, the question is reised whether this acquisition
should be specifically authorized by the Public Works Committees
in addition to being authoeized as part of the Xational Foreign
intelligence budget. My concern with the additional reviewing
process is that all evidence indicates that preparation of the
prospectus in coordinetion with GSA aRa the Office of nanagement
and Budget, plus seheduling end completion of hearings, will delay
occupancy of the spacsemutil the 19111 tine frame.. This delay
cy4s FY 1977 budget requests,
your Co mittees G1A4s critical
, spec? in the metropolitua
tens from the neo4 to con-
fer computer programs, such
ve boon approved previously
ds are more critical tow
r Bush because of the '
he realignment of a
pert by the events of
e moratorium imposed
t has been carried
GSA has recently
d has advised it
u in FY 1979, such
*A
spa
hich h
et, our
byDire
machine an
AS dictate
to an txocu
this requir
g fiscal year.
Agency requests
ith the acquisi
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;i25X1A
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Honorehl Warren G. MatAUSOA
honorable Geors* H. tlabon
will, of course vs * disastrous effect on lapl entatiou
of the already approved computer systems for intelligence
tarseting and dissemination.
It is my uaderstanding that your Comitts s wore fully
cosnizent of this requirement since it was specifically
identified as a budget line itew at that the $44 appropriated
V.1:3 tc,:uisitlon remains Available for expenditure without
need for further authorisation. With your concurrences, /
intend to advise the General Services Administration that they
slay proceed with acquisition of approximately ?S51000 square
feet of leased space without the necessity.. for further review
by the Public Works Committees.
Distribution:
Original - Addressee
1 - DCI
1 - DDCI
1 - ER
1 - GC
1 - LC
1 - Compt
2 - DDA
1 OL/RECD Official
Originating Office:
Yours sincerely,
STA' s FIE
Distribution Withheld:
James H. McDonald Date
Director of Logistics
1 - OL/RECD/REB Chrono
1 - OL Filesc/,
1 - D/L Chrono
OL/RECD/.
Retyped.
(9 Aug 78) Letterhead
5111/6111 (it) Aug 78) Letterhead
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