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B-176843 1 (1972-10-26)

handle is hein.gao/gaobaddvt0001 and id is 1 raw text is: 



                   COMPTROLLER GENERAL OF THE UNITED STATES
                             WASHIMGTOn, D.C. os


                                          -     October 260 1972
   3A.176 8& s                                                 S



*  )ear Mr. Sampsons,

        your letter of August 18, 1972 (and enelomures), sets fbrth your
   interpretation of section 7 of the Public Buildings Act of 1959, 40
   U.S.C. 607, as amended by section 2 of the Publie Buildings Amend-
   ments of 1972, Pub. Ls. 92-313, approved June 16, 1972. Section 7
   as amended by section 2 provides, among other things, that no appro-
   priation shall be made to lease any space at an average annual rental
   In excess of $500,000 for use for public purposes if such lease has
   mot been approved by resolutions adopted by the Committees on Public
   Works of the Senate and House of Representatives respectively.

        You intend to issue instructions to your operating personnel
   vetting forth guidelines consistent with the interpretation-as set
   forth in your letter-of  amended section 7 of the Public Buildings
   Act of 1959, unless our Office interposes any objections thereto.
   Your interpretation of section 79 as amended, and our vievs thereon
   are set forth below.

        You state that the applicability of the requirements of amended
   section 7 of the Public Buildings Act to certain lease transactions
   involving the acquisition of space for Federal agencies has been
   under review by the General Services Administration (GSA) since enact-
   ment of the 1972 amendments.  Eovever, while you state that there is
   !-little helpful lcgislative history, you point out that section 7 as
   originlly  enacted and in its amended form has for its stated purpose
   to  ensure the equitable distribution of public buildings throughout
   the United  States with due regard for the comarative urgency of need
   for  such buildin-gs. You also state that the apparent intent of the
   amended language is to permit legislative oversight with respect to
   the  more significant GSA lease transactions. You further note that
   the  Conference RBeort (house Report 92-1097, dated May 30, 1972),
   accommanying  B. 1736, Vhich became the Public Bildings Amen&ments
   of  1972, states on page 10 that amended section 7 requires GSA to
   submit  a prospectus whenever its Admnin strator proposes to secure
   leased  space fr which he proposes an average annual rental In
   excess  of $500,000.

         the first question raised relates to the proper interpretation
    of the term average annual rental. You etate in this regards

         In interpreting the term *average annual rental as used
         in section 7, as amended, we have construed the word
                                            .PU-BLISHED DECISION
                                                      as Cop.G en......

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