3. Legal Servic (Continue The responsibilities of this Division are in consonance with the recer reorganization which transferred the former Automated Data Management Servi activity, FSS, to the newly created Automated Data and Telecommunications Service, and assigned the motor equipment, transportation, and public utili tics activities of the former Transportation and Communications Service to the Federal Supply Service. Accordingly, this new "Procurement, Transportation, and Public Utiliti Division is structured into three distinct working units, headed by an Assi ant General Counsel: (1) The Transportation and Public Utilities Area; This Division serves a large number of clients who, because of the nat of their business, must request legal advice on a frequent basis. However, the volume and press of business does not always permit time to adequately prepare formal papers and opinions by the current staff. Accordingly, one additional attorney and one clerical position has been included in the 1974 estimate to assist in performing these legal requirements on the minimum a ceptable performance standards. b. Public Buildings. GSA contracting procedures for building design and construction through the use of project managers, construction managers and turnkey concepts have dramatically compressed the time frame between acquisition of sites and delivery of completed buildings. In addition, the Public Buildings Amendments of 1972, P.L. 92-313, June 16, 1972, authorize purchase contract construction for the next three fiscal years. PBS has initiated procurement of 63 projects under this authority in order to elimi ate the vast backlog of badly needed Federal buildings. The above develop coupled with related recent statutory requirements governing environmental factors, air and water pollution, recycled material use, etc., have greatly increased the need for legal support services with a resultant increase in daily workload. To meet the increased demand for legal services, as delineated above, will require one additional attorney position in fiscal year 1974. C. Claims and Litigation. Caseload August 1972 is as follows: (a) 50 cases involving more than $3,200,000 in claims (b) 3. Legal Services 80 cases involving more than $26,500,000 where the (2) Pending before the GSA Board of Contract Appeals some 214 cases involving substantially more than $35,000,000. (3) There are 69 matters which have been referred to various United States Attorneys, with litigation yet to begin, covering collections, bankruptcies, reorganizations, foreclosures, rental delinquencies, etc., involving substantial amounts of money. Much time and effort is spent in preparing proofs of claims, responding to discovery, etc. (4) GSA has pending some 33 cases before the Court of Claims, involving an estimate of Government exposure over $40,000,000. (5) There are pending in litigation some 55 cases brought under the Federal Tort Claims Act with damages claimed in excess of $4,000,000. (6) Approximately 1,000 administrative claims are pending either in favor of or against the United States, most for amounts less than $1,000. Each must be investigated and evaluated. d. Utilization and Disposal. The volume of work involved in the tilization and disposal of excess and surplus real and personal property, and the disposal of metals and minerals from the national stockpile, has Increased with the expansion of the regular programs. In addition, inreased workload has been generated by GSA's acting as disposal agent for ther agencies having separate property disposal authority, such as the mall Business Administration, the Atomic Energy Commission, and the Postal ervice. Legal services required to be furnished in connection with Executive rder 11508 of February 10, 1970, are increasing as more surveys are preared, and progress is made in carrying out the President's "Legacy of Parks" rogram. It is estimated that the number of surveys during FY 1974 will be bout 250. Also, Public Law 91-426 approved September 26, 1970, imposes dditional responsibilities on the Administrator of General Services with espect to foreign excess property and this work continues to increase with Project Home Run" returning foreign excess property to the United States or further utilization or donation. e. Records and Administration. Heavier workload in support of the itional Archives and Records Service has been precipitated in large part 7 a rise in demand for the release of public documents and other materials which require review under the Freedom of Information Act. The services provided also continue to include assistance on numerous legal problems in the fields of copyright, grants, donations, and in the administration of Presidential Libraries. In addition, assistance will be required by NARS in connection with the World War II Records Declassification Program and th application of Executive Order 11652. A voluminous increase in the use of legal counsel in connection with adverse personnel actions, equal employment opportunity complaints, and related personnel actions has taken place, attributable in large part to a ne awareness among employees of racial and sexual discrimination complaint pro cedures. Examination and adjudication of requests for waiver of erroneous overpayments of pay and the review of proposed legislation for legal concur rence is expected at least to continue at present levels. Counsel is presently provided by this Division to approximately 40 Pre dential commissions, boards, committees, and small agencies. f. Regulatory Law, Intervention in Transportation, Communications and Utility Matters. The Federal Government is represented by the Office of General Counsel before public utility commissions and regulatory bodies throughout the Nation by intervention or delegation. The known cost avoidance achieved by representation in which GSA takes an active role on an ann basis totals $5,203,034* for gas and electric cases. This figure is report only for electric and gas cases in which GSA participates directly and excludes communication cases as to which no satisfactory impact data is avail able. This cost avoidance represents the difference between the annual increase requested by the utility companies and the actual increase allowed b the regulatory bodies. Limitations in staffing have made it necessary for GSA to limit its participation in regulatory proceedings to those cases in which there is th greatest financial impact on the Government. These staffing limitations ha also governed the level of effectiveness and participation in the cases in which GSA has intervened. An increase is urgently needed to permit a more thorough and meaningful participation and to cope with the increasing numbe of new cases being filed with regulatory commissions. The table below reflects the sharp increase of regulatory proceedings in which GSA has intervened. The increase in the number of cases in which this division has intervened is indicative of the increased level of effort that will be required to perform the regulatory law function in an acceptable manner. One more attorney and a stenographer position will be needed to augment those now assigned to gas and electrical cases to meet the projected caseload. There has also recently been added to the cases in which this division participates the issues of environmental protection and equal employment opportunity. These added issues require additional attorney time and effort in hearings and pre-hearing and post-hearing coordination. as well as further consideration in brief. Additional travel funds will be required in 1974 to attend hearings on regulatory proceedings. g. Labor Relations Counsel. This Office is responsible for providing complete legal services and advice in connection with labor-management relations in the central office as well as the ten regional offices in GSA. These responsibilities include providing legal advice and interpretations with respect to practices, laws, executive orders, regulations, legal precedents, and other matters concerning labor relations of GSA and its employees. The office reviews all collective bargaining agreements entered into by the Agency to insure conformance with applicable laws, executive orders, regulations, and agency policy. It represents GSA during administrative hearings concerning unfair labor practice complaints, election dispute hearings, and before trial or appellate courts and boards as necessary. As the agency's cop legal specialist in labor law, the office provides authoritative advice and recommendations regarding such labor matters to the Assistant Adminiscrator for Administration, to the Commissioners, to Regional Administrators and Counsels, and to the Administrator. This office has experienced a greatly increased workload during the past year. This increase resulted from the new rights that have been granted to labor organizations and employees under the provisions of Executive Order 1491, and its amendment, Executive Order 11616. Organizational activity by labor organizations has been greatly expanded hroughout the entire agency. There have been numerous contested unit deterination hearings, contract bar determinations, and unfair labor practice harges. The general labor unrest, strikes and work stoppages in the private ector, coupled with the new militancy of labor organizations to immediately ecure all of the rights they feel that they and the employees that they epresent are entitled to under the Executive Order and its amendments, has reatly expanded labor relations activities of all types within the Agency. To meet the increased demand for legal services this will require one dditional attorney position in 1974. h. Automated Data and Telecommunications. his Division are in consonance with the recent reorganization which This office established the Automated Data and Telecommunications Service. is responsible for providing complete legal services in the following areas (1) Automated Data Management Services Area During FY 1974, legal services in this area will be in connection with (1) providing greater ADP procurement assistance to Federal agencies; (2) negotiating and awarding ADP schedules and requirements contracts for the procurement of ADP equipment, software and maintenance; (3) operation of the twelve Federal Data Processing Centers (FDPC's), and operations support in the ADP systems and programing area as well as the facilities management area, and (4) operation and management of the ADP lease-back and ADPE reutilization programs. (2) Telecommunications Area Provide all legal services in the telecommunications area which are not related to the communication regulatory proceedings. Such services will be in connection with (1) the planning, coordinating and operation of the communication programs for Federal civilian agencies, (2) the operation and use of the Federal Telecommunications System (FTS), both voice and data, and (3) the procurement of circuit facilities, services, terminals, and special purposes equipment. (3) Agency Assistance, Planning and Policy Area Provide all legal services in connection with (1) the develop ing and coordinating of policies, procedures, regulations and publications governing the management of the Government-wide ADP and Telecommunications activities, (2) the Standardization Programs, (3) the management information system, (4) the promotion and selling of services to other Federal agencies, including the use of the FDPC's sharing joint utilization program (4) Administrative and Financial Management Area Legal services will be provided in connection with administrative management, equal employment opportunity, management assistance and improvement, as well as matters dealing with the operation of the ADP Fund, and Federal Telecommunications Fund. One additional attorney has been included in the 1974 estimate to provide for the increasing workload in the area of ADP Procurement Assistance. Other legal services will include drafting or commenting on legislation and regulations in the general ADP and telecommunications area, project team assistance, attendance at ADTS, GSA and Government-wide meetings, assisting other GSA Services and Staff Offices on legal matters in |