B-143237, OCT. 20, 1960

B-143237, OCT. 20, 1960

TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 8, 1960, FORWARDING FOR OUR REVIEW AND RECOMMENDATIONS COPIES OF PROPOSED NEW CHAPTER X, TITLE 2, REAL PROPERTY MANAGEMENT, REGULATIONS OF GENERAL SERVICES ADMINISTRATION, SETTING FORTH THE POLICY AND PROCEDURES TO BE FOLLOWED IN PUTTING INTO EFFECT THE AUTHORIZATION AND DIRECTIVES CONTAINED IN THE PUBLIC BUILDINGS ACT OF 1959, PUBLIC LAW 86-249, APPROVED SEPTEMBER 9, 1959.

SECTION 2 OF THE 1959 ACT PROVIDES THAT "NO PUBLIC BUILDING SHALL BE CONSTRUCTED EXCEPT BY THE ADMINISTRATOR, WHO SHALL CONSTRUCT SUCH PUBLIC BUILDING IN ACCORDANCE WITH THIS ACT.' SECTION 201.01 OF THE PROPOSED REGULATIONS FOLLOWS THE STATUTE AND ADDS AS AN EXCEPTION TO THE STATUTORY INHIBITION IN SECTION 2, THOSE BUILDINGS EXCEPTED THEREFROM BY SECTION 14 OF THE ACT. SINCE THE CONGRESS MAY AT ANY TIME IN THE FUTURE AUTHORIZE AND APPROPRIATE MONEY FOR THE CONSTRUCTION OF A PUBLIC BUILDING OR BUILDINGS WITHOUT REGARD TO THE ACT, IT IS SUGGESTED THAT THERE BE INSERTED IMMEDIATELY AFTER THE WORD "CONSTITUTION" IN THE FIRST LINE OF SECTION 201.01, THE PHRASE "ABSENT OTHER PROVISIONS OF LAW TO THE CONTRARY.'

WITH RESPECT TO THE THIRD PARAGRAPH OF SECTION 201.02 OF THE PROPOSED REGULATIONS CONCERNING REIMBURSABLE ALTERATIONS, THE CURRENT APPROPRIATION FOR GENERAL SERVICES ADMINISTRATION CONTAINED IN THE "INDEPENDENT OFFICES APPROPRIATION ACT, 1961," PUBLIC LAW 86-626, APPROVED JULY 12, 1960, CONTAINS A PROVISION, AS FOLLOWS:

"APPROPRIATIONS AVAILABLE TO ANY DEPARTMENT OR AGENCY DURING THE CURRENT FISCAL YEAR FOR NECESSARY EXPENSES, INCLUDING MAINTENANCE OR OPERATING EXPENSES, SHALL ALSO BE AVAILABLE FOR REIMBURSEMENT TO THE GENERAL SERVICES ADMINISTRATION FOR THOSE EXPENSES OF RENOVATION AND ALTERATION OF BUILDINGS AND FACILITIES WHICH CONSTITUTE PUBLIC IMPROVEMENTS, PERFORMED IN ACCORDANCE WITH THE PUBLIC BUILDINGS ACT OF 1959 (73 STAT. 479) OR OTHER APPLICABLE LAW.'

SINCE THE FOREGOING REIMBURSABLE AUTHORIZATION IS LIMITED TO THE"CURRENT FISCAL YEAR," IT IS SUGGESTED THAT THE THIRD PARAGRAPH OF SECTION 201.02 BE AMENDED TO READ AS FOLLOWS:

"BUILDING ALTERATIONS APPROVED BY THE ADMINISTRATION FOR OTHER FEDERAL AGENCIES WILL BE ACCOMPLISHED BY THE ADMINISTRATOR, AND THE COST THEREOF WILL BE REIMBURSED TO THE ADMINISTRATION BY SUCH AGENCIES TO THE EXTENT THAT FUNDS APPROPRIATED TO SUCH AGENCIES HAVE BEEN MADE AVAILABLE BY LAW FOR SUCH PURPOSES.'

WITH RESPECT TO THE SECOND PARAGRAPH OF SECTION 203.02 IT IS UNDERSTOOD THAT THE INSERTION OF THE WORD "PUBLIC" IN THE SECOND LINE WAS INADVERTENT AND THAT THE WORD "BUILDINGS" APPEARING IN THE FIRST AND THIRD LINES OF THIS PARAGRAPH WAS INTENDED TO REFER TO BUILDINGS OTHER THAN PUBLIC BUILDINGS AS DEFINED IN SECTION 13. ACCORDINGLY, IT IS SUGGESTED THAT THE WORD "PUBLIC" IN THE SECOND LINE BE DELETED AND THAT IMMEDIATELY AFTER THE WORD "BUILDINGS" IN THE FIRST LINE, THERE BE INSERTED THE FOLLOWING: "OTHER THAN PUBLIC BUILDINGS AS DEFINED IN SECTION 13.'

OTHER THAN THE FOREGOING WE HAVE NO COMMENTS TO MAKE ON THE PROPOSED REGULATIONS.