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1976/10/18 S865 Use of Public Buildings
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The original documents are located in Box 65, folder "10/18/76 S865 Use of Public Buildings" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 65 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED78 $10/18/76 8% THE WHITE HOUSE ACTION WASHINGTON Last Day: October 19 MEMORANDUM FOR THE PRESIDENT Posted 10/19/76 FROM: JIM CANNON SUBJECT: S. 865 - Use of Public Buildings arching Attached for your consideration is S. 865, sponsored by 10/19/76 Senator Buckley and three others. The enrolled bill would: -- amend the Public Buildings Act of 1959 to encourage the location of Federal offices in buildings of historic, architectural or cultural significance and to promote greater public access to and use of public buildings; -- expand the Act of August 12, 1968, relating to the accessibility of public buildings for the physically handicapped, by imposing a clear statutory mandate to ensure that such buildings are made accessible. A detailed discussion of the provisions of the enrolled bill is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Kilberg) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign S. 865 at Tab B. FORD LIBRARY THE EXECUTIVE OFFICE OF THE PRESIDENT OFFICE ORIGINO OFFICE OF management AND BUDGET SEAL WASHINGTON, D.C. 20503 OCT 14 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 865 - Use of public buildings Sponsors - Sen. Buckley (R) New York and 3 others Last Day for Action October 19, 1976 - Tuesday Purpose Promotes the preservation and public use of buildings of historical, cultural or architectural significance, and pro- vides for greater accessibility of Federal buildings to the physically handicapped. Agency Recommendations Office of Management and Budget Approval General Services Administration Approval (Informally) National Endowment for the Arts Approval Department of the Interior Approval The President's Committee on Employment of the Handicapped Approval Council on Environmental Quality Approval Architectural and Transportation Barriers Compliance Board Approval (Title II only) (Informally) Department of Housing and Urban Development No objection (Informally) United States Postal Service No objection Department of Health, Education, and Welfare No objection 2 Discussion The enrolled bill (1) amends the Public Buildings Act of 1959 to encourage the location of Federal offices in buildings of historic, architectural or cultural significance and to pro- mote greater public access to and use of public buildings for commercial and public interest purposes; and (2) expands the Act of August 12, 1968, relating to the accessibility of public buildings for the physically handicapped, by imposing a clear statutory mandate to ensure that such buildings are made accessible. Title I of the bill requires the Administrator of the General Services Administration (GSA) to -- acquire and utilize space in suitable historic or culturally significant buildings, unless infeasible when compared with other alternatives. -- encourage the location of commercial, cultural, educational and recreational facilities in public buildings and adjacent space, and the use by the public of these facilities or spaces through lease arrangements at competitive rates or without charge, as appropriate. Items which could be made available include pedestrian access levels, courtyards, roof- tops, auditoriums, meeting rooms, lobbies, etc. -- provide space and facilities to stimulate pedestrian traffic around, in, and through public buildings, and to permit cooperative uses of areas between public buildings and the street for commercial, cultural or other public activities which complement those of the surrounding neighborhood. In carrying out the above responsibilities, the Administrator is directed to consult with Governors, area-wide agencies concerned with economic development and regional planning, and the chief executive officers of local governments served by existing or planned public buildings, and to solicit comments from other interested parties. Related administrative provisions require that the Administrator 3 -- describe, in prospectuses for Federal space, any existing buildings which enhance the local architectural, historical, cultural, and economic environment. -- present a statement justifying the reasons for not acquiring a building identified as suitable for purchase. -- request, in connection with a building needs survey, the Advisory Council on Historic Preservation to identify buildings of historic, architectural or cultural signifi- cance within the survey area which are suitable for use by the Federal Government, whether or not in need of repair or alteration. Title II requires the GSA Administrator, the Secretary of Housing and Urban Development, the Secretary of Defense, and the United States Postal Service to prescribe standards for Federal buildings under their jurisdiction to ensure, whenever possible, that handicapped persons will have access to such buildings. This title is intended to strengthen the existing enforcement provisions of the Act of August 12, 1968, which merely authorizes the Administrator and the Secretary of Defense and the Secretary of Health, Education, and Welfare to prescribe such standards and which is silent with respect to the Postal Service in this regard. Included within the title's coverage are all Government-leased buildings and facilities intended for public use or in which the physically handicapped might be employed, all privately-owned buildings leased to the Government including those leased for public housing, and all Postal Service buildings. The four agencies are required to establish a system of con- tinuing surveys and investigations to ensure compliance with the standards prescribed. In addition, the Administrator of GSA must henceforth report each January to the Congress on his activities and those of other Federal agencies under this Act in regard to standards issued, revised, or repealed and all case by case modifications and waivers. 4 Finally, the enrolled bill directs the Architectural and Transportation Barriers Compliance Board to report each January to the cognizant congressional committees on its activities and actions to ensure compliance with the standards prescribed under the Act. James T. They Lynn Director Enclosures THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 19 Date: October 15 Time: 1230pm FOR ACTION: Lynn May in cc (for information): Jack Marsh Sarah Massengale Max Friedersdorf on Steve McConaheydy McConahey Ed Schmults Bobbie Kilberg an FROM THE STAFF SECRETARY DUE: Date: October 15 Time: noon SUBJECT: S.865-Use of public buildings ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnstongground floor west wing STATE R.FORD TERADY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President UNITED STATES OF AMERICA # * 4 GENERAL SERVICES ADMINISTRATION * # WASHINGTON, DC 20405 * * GENERAL SERVICES * ADMINISTRATION * * * October 12, 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, DC 20503 Dear Mr. Lynn: By letter of October 5, 1976, you requested the views of the General Services Administration (GSA) on enrolled bill S. 865, "To amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped." GSA supports enactment of the enrolled bill. Sincerely, Jack Administrator ECKERD Scheod Keep Freedom in Your Future With U.S. Savings Bonds MEMORANDUM ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD WASHINGTON, D.C. 20201 TO : Mr. James M. Frey DATE: OCT 8 1976 Assistant Director for Legislative Reference FROM : Chairman SUBJECT: Enrolled Bill S.865 In accordance with your request of October 5, 1976, the Architectural and Transportation Barriers Compliance Board gladly submits its com- ments on the subject Enrolled Bill. Title I, the Public Buildings Cooperative Use Act of 1976, will have a significant impact on the General Services Administration. Accor- dingly, the A&TBCB will defer to GSA and other agencies, such as the Department of Interior with respect to historic preservation structures, that would be affected by Title I. Title II of the subject Bill amends the Architectural Barriers Act of 1968, 42 U.S.C. 4151-4156, in a manner consistent with the legislative findings of the General Accounting Office's Report, Further Action Needed to Make Public Buildings Accessible (B182030-July, 1975). The A&TBCB, having considered many of those issues, would support in principle enactment of Title II. In this respect, I am aware, based upon public discussions with the member of the A&TBCB from the Postal Service, that the Postal Service would support legislation granting USPS authority to issue standards under the Architectural Barriers Act in consultation with the Secretary of the Department of Health, Education, and Welfare. Section 7 (b) of Title II would require the Board to report its compliance activities to the Congress each January. While this matter has not for- mally been considered by the Board, it is my belief that this reporting requirement will not be unduly burdensome since the essence of the material required will also be prepared in connection with the Board's annual report on all of its activities. In summary, while, the Board must, with respect to Title II, defer to the agencies enumerated above as to the precise impact of S.865, the Board fully supports the principle and concept involved therein. I urge that this Bill be approved by the President. Stanley Thomas, Jr. DEPARTMENT OF * * HOUSING THE GENERAL COUNSEL OF HOUSING AND URBAN DEVELOPMENT AND URBAN WASHINGTON, D.C. 20410 OCT 14 1976 Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Washington, D. C. 20503 Attention: Miss Martha Ramsey Dear Mr. Frey: Subject: S. 865, 94th Congress Enrolled Enactment This is in response to your request for our views on the enrolled enactment of S. 865, which would amend the Public Buildings Act of 1959, and the Act of August 12, 1968 commonly called the "Architectural Barriers Act." Title I of S. 865 relates to the aquisition and utilization by the General Services Administration of space for the accommodation of Federal agencies. While this Department is generally sympathetic to the bill's objectives of encouraging adaptive and multiple use of such space where feasible, we would defer to the General Services Administration and other agencies with overall responsibility for the location and utilization of Federal facilities as to the desirability of the enrolled bill's specific provisions in this regard. Title II of the bill would amend P. L. 90-480, commonly called the "Architectural Barriers Act" to provide, in effect, that the present exemption under that Act for privately owned residential structures would not be available where such structures are "leased by the Government for subsidized housing programs" under a lease entered into or renewed on or after January 1, 1977. It would make mandatory the present provisions of P. L. 90-480 authorizing GSA, the Department of Defense and this Department to prescribe standards to insure that physically handicapped persons will have ready access 2 to and use of public buildings under their respective jurisdictions. Title II would also require these agencies to establish continuing systems of review and compliance with these standards. Under existing law, these agencies are authorized to conduct surveys and investigations as necessary to insure compliance with the Act. It is not clear just what is intended by the provisions of the bill that would limit the present Architectural Barriers Act exemption for private residential housing to housing which is not leased by the "Government" for private subsidized housing programs. However, we do not interpret these provisions as affecting this Department's major housing assistance programs involving privately owned housing, since we believe "Government" would normally be read to mean the Federal Government and since the major subsidy programs in any event operate through leases made out directly to tenant families. There may be some instances where, in providing disaster relief, this Department would lease private homes directly and make them available to disaster victims but we would not regard HUD dis- aster relief as a subsidized housing program within the meaning of the bill. Accordingly, this Department has no objection to Presidential approval of the enrolled bill but would defer to the General Services Administration, and the Departments of Defense and Health, Education and Welfare as to the desirability of those provisions of Title II which would affect the operations or interests of these agencies. Sincerely, RohutPolliott Robert R. Elliott NATIONAL WASHINGTON ENDOWMENT D.C. 20506 FOR THE ARTS A Federal agency advised by the National Council on the Arts October 7, 1976 Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Washington, D. C. 20503 Dear Mr. Frey: This is in response to your request for our views and recom- mendations on S. 865, a bill to amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped. This legislation authorizes the Administrator of General Services to employ an adaptive and multiple use approach in the management and acquisition of space for Federal agencies. Public access to government structures is encouraged by providing for the leasing of government buildings for commercial, cultural, educational and recreational activities. Where feasible, recycling of buildings with historic, architectural, and cultural significance is mandated through a method which provides for input from governors, area wide agencies, local govern- ment officials, community leaders and the general public. Under this approach all sectors would have an input in the enhancement of their architectural, historical and cultural environment. Title II amends the Act of August 12, 1968 (42 U.S.C. 4151-4156), to require the establishment of standards for the design and alteration of certain buildings to facilitate access for the physically handicapped. The Act would insure com- pliance with these standards by requiring an annual accounting to Congress of efforts in this regard. The National Endowment for the Arts strongly supports this legislation and has testified in favor of this bill in its various forms at Congressional hearings held during the past two years. Enclosed is a copy of the Chairman's recent testimony delivered at hearings conducted by the Subcommittee Mr. James M. Frey -2- October 7, 1976 on Public Buildings and Grounds Committee on Public Works and Transportation of the House on August 25, 1976. By promoting the concepts of adaptive use and multiple use in the Public Buildings Program, this legislation would implement a number of recommendations made by the Federal Architecture Task Force, convened in 1972 at the President's request. This is an approach which the Endowment has also supported through the grants and technical assistance of its Architecture and Environmental Arts Program. The Act, by providing statutory authority for adaptive use and multiple use, will aid in the preservation of the nation's archi- tectural resources, increase the Federal standards of design excellence, and improve the public image of the Federal government by demonstrating to communities the government's openness and accessibility while contributing to the enhance- ment of the total environment. Title II deals with an area of special concern to the Endowment. We have long been committed to providing increased access for the physically handicapped so that they might share equally with all Americans in the experience of cultural and artistic activities. The National Council on the Arts adopted a resolution on September 15, 1973, reaffirming this commitment and encouraging the private sector and state and local government to note these needs when building or renovating their own cultural facilities. There has recently been established, within the Endowment, a program dealing specifically with the special needs of these constituents. The National Endowment for the Arts supports this legisla- tion and recommends approval of S. 865 by the President. Sincerely, pay Hd Nancy Hanks Chairman Enclosure Statement of Nancy Hanks Chairman, National Endowment for the Arts on H.R. 15134, the Public Buildings Cooperative Use Act of 1976 before the Subcommittee on Public Buildings and Grounds Committee on Public Works and Transportation U.S. House of Representatives August 25, 1976 Mr. Chairman, it is a special pleasure for me to be here to testify on H.R. 15134, the "Public Buildings Cooperative Use Act of 1976. In doing so, I am wearing two hats today, one as Chairman of the National Endowment for the Arts and another as the person charged by the President with responsibility for the Federal Design Improvement Program. As you know, in 1972, the President asked the National Endowment for the Arts to initiate a program to improve the Federal Government's design activities. One facet of that program was to be a revision and expansion of the Guiding Principles for Federal Architecture, issued in 1962. To carry out this aspect of the design program, we appointed at the President's request a task force composed of eminent private design professionals and two concerned members of Congress Senator Howard Baker and Representative Frank Thompson. We also assembled a group of architects from 20 Federal agencies with major construction responsibilities to draw on their special knowledge as we conducted our research. I will discuss the excellent work of the Federal Architecture Task Force in a little while; but I would like to say now that the inter-agency group; has proven to be an invaluable source of information, ideas, and enthusiasm. These Federal designers are professionals in the best sense of the word: They are expert and imaginative and they place the public interest in the forefront of their thinking. The agency representatives tell us that we in turn perform a valuable service to them and their agencies by providing a forum for the exchange of information and the crossbreeding of ideas. Staff support to the Federal Architecture Task Force and inter-agency group is provided by the Federal Architecture Project. With me here this morning are Mr. Bill Lacy, Director of the Architecture + Environmental Arts Program of the National Endowment for the Arts and Executive Director of the Federal Architecture Project, and Mrs. Lois Craig, Staff Director of the Project. The Federal Architecture Task Force, like the group convened ten years before that produced the Guiding Principles, made no attempt to define an appropriate style for Federal architecture. We have long since passed the period in our country's history when it was thought necessary for every public building to recall the glories of ancient Greece and Rome, although we rightly cherish the architectural legacy that period has bequeathed us. Instead, the Task Force broadened the focus of its work beyond the building itself to include the processes that produce the building and its impact on users, visitors, and its physical and socioeconomic environment. In April 1974, the Task Force issued an interim report, en- titled Federal Architecture: A Framework for Debate, containing its findings and a series of recommendations for improving Federal architecture. Since that time, at the direction of the Task Force, 2 the staff of the Federal Architecture Project has prepared supple- mentary reports on two of the most important recommendations, rec- ommendations which H.R. 15134 would implement: cooperative--or multiple--use, and recycling of buildings-- adaptive use. I would like to submit those two reports entitled Federal Architecture: Multiple-Use Facilities and Federal Architecture: Adaptive-Use Facilities for the record. They state the case for cooperative use and recycling as forcefully as possible and describe our rea- sons for strongly supporting Title I of the bill. I would also like to submit for the record a report entitled Arts and the Handicapped: An Issue of Access. It was prepared by Educational Facilities Laboratories under a contract from the National Endowment for the Arts, and it describes ways in which public arts facilities can be made fully accessible to the handi- capped. The report is only one of several projects undertaken by our Architecture + Environmental Arts program to encourage the nation's design and construction communities to give more attention to the special needs of our less mobile citizens. With Endowment funds, a national information service on arts and the handicapped has been established and grant monies have been set aside to help pay for planning and designing accessible facilities. I would like to highlight only a few points made in the re- ports I mentioned and to add some comments on the practical impli- cations of this bill. As to most of its technical aspects, as well as to the desirability of specific provisions of Title II, I defer to the expertise of the General Services Administration, the Advisory Council on Historic Preservation, and the others testifying and re- porting on this bill. The basic problem in Federal architecture was summed up by Professor J. B. Jackson of Harvard in a quote used to introduce the multiple-use report: "No one in his right mind now goes into a public building except on business." The problem is one of both visual image and physical access. The point is, our "public" buildings are like signs, advertising the kind of people and government we are. In this case, they are false advertising: our government is not distant and aloof; it is an open government, sensitive to the needs and desires of its people. But our buildings, those permanent, attention-getting symbols of the Federal presence, do not always show that. Some people say that, as impenetrable as some of our buildings appear, most of the public has little need to visit inside them. Where our agencies conduct activities that require frequent contact with the general public, they should be conveniently located so that the public is made welcome. 3 If you read the recommendations of the Task Force as a whole, you will see these issues of public image and public access were very much on the minds of the Task Force members. They concluded that the Federal Government has an obligation to provide buildings, which demonstrate that government is not a remote control sys- tem run from Washington and which emphasize the Federal Government's accountability to its local constituencies by contributing to the improvement of their environment, socially, economically, and visually. And they further concluded that adaptive use and multiple use can be keys to helping the Government meet that obligation. What the Task Force members were really talking about was creating a truly barrier-free architecture in our Federal pub- lic buildings. Architects have generally used the term "barrier-free" to describe design oriented specifically toward the handicapped. The Task Force pointed out that buildings can pose "barriers," both physical and visual, between government and all of our citizens. Mr. Chairman, there are others here who are much more know- ledgeable than I in the complexities of turning old buildings to: contemporary uses. I will only make a few general observations. Old buildings are like old friends. They connect us to our past. Yet at the same time, they are a vital part of our present because they assure us of a certain stability and continuity in times of rapid change. It is for just this reason that they should not be precluded from housing the Federal Government's activities. They very often perfectly fit the 1962 Guiding Principles description of an appropriate Federal architectural style as one " which is distinguished and which will reflect the dignity, enterprise, vigor, and stability of the American national government." Reuse of old buildings also accords with a lost American ethic which we are trying to recapture, one expressed in the New England proverb, "Use it up, wear it out, make it do, or do with- out." Our Federal Government's first building was nearly a century old by 1789, when George Washington took the presidential oath of office on its balcony and Congress met for the first time under the Constitution in its rooms. It had been the city hall of New York when the new government acquired it, remodeled it, and "made it do." So adaptive use was not a new idea when our Task Force proposed it; it was an old idea waiting around for modern neces- sities to "mother" its re-invention. Renovating an old building in some cases can cost less per square foot of usable space. In July 1975, the National Trust for Historic Preservation held a conference on the economic benefits of preserving old buildings. Private developers and architects agreed that some well-managed re-use projects have been completed at less than half the cost of new buildings in the same areas. Part of the saving results from the greater speed with which re-use projects are completed. Borrowing costs are therefore lower, inflation has less impact on the costs of materials and labor, and rentals start flowing in sooner. 4 Adaptive use projects also can provide more jobs per construction dollar than new construction and the workers tell us that the jobs are more challenging and satisfying. Re-use cuts down the time it takes to complete environmental and other official reviews, and it rarely stirs up community opposition, the way new projects so often do. In fact, re-use projects are noted for revitalizing their surrounding neighborhoods, and that increases opportunities for private investment, brings in more revenues to local govern- ment, and heightens civic pride. I am very pleased to see that this bill encourages recycling of those buildings which we do not normally think of as archi- tectural landmarks. They, too, signify continuity, and, more importantly, are resources to be conserved if at all possible. Trolley barns have been turned into a successful shopping center in Salt Lake City; in Akron, grain silos, of all things, are now apartments and offices. An old commercial warehouse in Minneapolis was turned into a combination office building and retail shopping center. This year, it won one of the American Institute of Archi- tects' coveted national awards. In fact, four out of the ten awards went to adaptive-use projects. This indicates the strength of the trend which, in the last year, has been reported not only in architecture magazines, but in Time and Fortune as well. The Federal Architecture Task Force was thoroughly convinced that adaptive use office buildings would improve the public image of the Federal Government in communities across the Nation. The Task Force concluded that multiple use holds even greater potential for demonstrating a commitment to open and accessible government, local economic welfare, and sound urban land-use principles. Under the provisions of H.R. 15134, multiple use could be included throughout the public building inventory. Need- less to say, not every Federal building can support the entire range of uses; some, because of location or purpose, may be able to accomodate only regular office activities. Each situation is unique and will have to be evaluated in the context of its setting. Multiple use is not a new idea, of course. It is simply a new name for a familiar principle of urban land use. As an editor- ial in Architectural Record magazine recently asked in support of the Senate version of this bill, "Why shouldn't the Government live over the store?" For centuries, cities featured a jumble of housing, shops, workplaces and social centers in close proximity. (Up until the 1850's, flower and vegetable vendors hawked their wares in the Capitol Rotunda, but this is a mixed use we do not recommend reviving.) Many people are now convinced that this mix- ture of uses was responsible for the charm, vitality, and attractive- ness of city life. They are probably right. We should remember, however, that this mixture came about, not from any conscious 5 attempt to make cities "charming," but rather as a solution to the problem of providing the necessities of life with a slow-moving transportation system. The transportation problem ought to strike a chord with us again today. We have just recently recognized the transportation and energy costs of our pattern of urban sprawl and segregated land uses. I don't think any of us doubt that the Federal Government must do whatever it can to contribute to re- ducing those costs. Moreover, multiple-use buildings are often used more inten- sively, and that conserves urban land. In normal practice, our Federal office buildings stand empty after working hours and on weekends. Nightlife and weekend activities go on in other build- ings. If the office and after-hours activities are accommodated in the same structure, however, the pressure on urban land and consequently on the open land surrounding our cities is lessened. As with adaptive use, the resource and energy savings that can be attributed to multiple use are not as apparent as the straightforward commercial arguments in its favor. In a book published this year and aimed at private developers, the Urban Land Institute described several of these. Experience shows that mixed-use yields economies of scale in building and business operating expenses of up to 15 to 20 percent. It can stimulate revitaliza- tion of some commercial districts and prevent deterioration in others by protecting against overcommitment to one type of real estate use that may later become obsolete. Retail tenants of mixed-use projects draw upon a larger clientele than they would in an isolated location. Customers are attracted by the liveliness of the mixture of uses and feel more comfortable--and that stimu- lates sales. Finally, clustering varied activities in one inten- sively-used location instead of several dispersed sites increases security, reduces the costs to cities of furnishing essential ser- vices, decreases reliance on the automobile, and helps make mass transit feasible. ULI reports that developers discern a trend toward mixed-use and feel government has an important role to play in encouraging it--a role that includes ownership and opera- tion of mixed-use buildings. We know of one instance in which a midwestern town pleaded with the Federal Government to provide space for commercial activi- ties in its new office building. The building was in the middle of a redevelopment tract which had been carefully planned as a pedestrian shopping area. All other new buildings in the area were required to include lower-floor shopping space. The town was very concerned that the Federal building, which occupied a large and strategic site, would impede the flow of shoppers. Federal officials had to inform town planners that no authority existed to allow stores in the building and it stands today as an isolated, forbidding presence on an otherwise lively street. 6 It was to just such complaints from businessmen that the Canadian Government responded with an ambitious multiple-use program. Told by merchants that its single-use office buildings were "dead spaces" in the swirl of city activity and were dam- aging to business in their neighborhoods, the Department of Public Works began designing new buildings with built-in space for stores and restaurants, and it established an office to actively market the space. The Department says it has had no complaints about its entry into the commercial rental market. Department representa- tives even participate in the activities of local merchants' associations. The point is, that under H.R. 15134, the Federal Government would not be competing with private enterprise; it would be pro- moting it. Since the multiple-use authorities in the bill are per- missive, GSA need only use them where it appears multiple use will be beneficial to the community. If it appears that local condi- tions make a multiple-use development in a particular instance unnecessary or unwise, then there should be no mixed-use allowed. But if it is appropriate, the Federal Government will be providing increased opportunities for retail business activity. Unfortunately, leasing out space for commercial, cultural, educational, and recreational activities is not simply a matter of hanging out a sign saying, "space to let" and assigning leases on a first-come, first-served basis. Careful planning is required to make sure that the multiple-use program accomplishes its goal of enhancing the urban environment. The Canadians admit quite candidly, for example, that their first multiple-use project got into difficulty. It was a new building in a depressed area with little existing daytime office or commercial activity. Commercial tenants were moved into the new building before the Government's office workers. With no avail- able clientele, many of the small shops had to vacate. The Depart- ment of Public Works now pays careful attention to the problem of phasing in its tenants. It is also important to ensure an appropriate mix of activi- ties. Certain types of retail activities and restaurants act as drawing cards to passers-by to the benefit of other, less instantly alluring ones. These drawing cards have to be included in any substantial commercial scheme. On the other hand, some activities, though legal, might detract from the dignity of the Federal Govern- ment and offend a part of the public. They should be excluded. The supply of and demand for commercial, cultural, educational, and recreational activities have to be studied in each situation. Private owners do not execute leases with stores or other facilities that have little chance of economic survival, since frequent turn- overs raise administrative expenses and discourage customers. Activities in the leased space in Federal buildings will have to be keyed to the demands of two groups--the general public and Federal office workers. Some facilities that might not otherwise be encouraged to lease based on a strictly external market analysis, 7 might nevertheless be sought for the benefit of our civil service employees. Athletic and recreational facilities, for example, are too seldom provided in our office buildings, despite their potential contribution to employee health, morale, and effectiveness. Atten- tion must be paid to the rates charged by private health facilities, because they may be too high to allow the bulk of the employees to enjoy their use. Moreover, as above, the Randolph-Sheppard program and Federal policy necessitate the individual study of leasing ar- rangements to identify optimal locations for the establishment of state-licensed, blind-operated vending facilities. Very often, such study may require an analysis of the economic viability and potential adverse impact on other purveyors in the private sector as well as consideration of the necessity to maintain high quality snack bar and food services for federal employees and the public. Making public buildings inviting to the public involves more than just providing a mix of activities inside them. If pedestrians are to be attracted to them, as H.R. 15134 encourages, and as profit- seeking tenants demand, the buildings themselves have to be designed to act as magnets. Fountains, plazas that direct movement toward the building, prominent entrances, information kiosks, signs, and banners all can capture the attention of people passing by. Building managers can increase this magnetic effect by program- ming activities in indoor and outdoor public spaces. The expense of these activities would be covered by an admission fee. Boston's City Hall, which does not incorporate multiple uses of the sort we are talking about, but which is a good example of a public building that actually welcomes the public, is the setting for a year-round festival. During the summer, its outdoor plaza, which was designed as a small amphitheater, is the scene of orchestra and jazz con- certs, folk dance and ballet programs, sculpture exhibits, and an annual Fourth of July celebration. Indoors, there are painting, photography, sculpture, and tapestry exhibits, fashion shows, re- ceptions, a Christmas Tree festival, and countless choral, band, and organ concerts. I know you all understand how such events can en- liven a building--I've often stopped to listen to the concerts that your constituents present in the lobbies of the House Office Build- ings and on the plaza and steps of the Capitol. None of us want to make Federal buildings inviting to those who would disrupt the activities of their offices. Some people have expressed the fear that multiple-use Federal buildings will be more susceptible to disruption or bombing, since more people will be passing through them. That is a genuine concern, Care- ful attention to design, however, can allay these fears. The J. Edgar Hoover Building, which has been criticized by some as an example of a Federal building that detracts from the commer- cial and street environment around it, does, in fact, incorporate a circulation system for its visitors that prevents them from wandering into security-sensitive areas of the building. If this security problem can be solved in the headquarters of the FBI, I dare say it can be solved in the design of other new Federal buildings. 8 would like to suggest only one small, but important revision in the multiple-use provisions of the bill. As presently written, only space on the major pedestrian access level can be leased on a long-term basis. This would preclude a two-level shopping area like the ground floor and mezzanine arrangement planned for the new Bank Board building. Since these two-level developments have been successful in many places, I would suggest that the bill be amended to permit leasing "on the major pedestrian access level and one contiguous level." Although I have spoken of them separately, adaptive use and multiple use are best combined, with mutually beneficial results. Many rehabilitation projects are made economically feasible by including multiple uses in the adapted buildings. Multiple-use facilities gain patronage by being located in adapted old buildings which are. both familiar and intriguing to the public. Mr. Chairman, we are deeply gratified that the work of the Federal Architecture Task Force has borne this fruit. The National Endowment for the Arts strongly supports the adaptive and multiple- use provisions of H.R. 15134. We believe that they will reflect in our public architecture the same impulse to more open communica- tion between the Government and the governed that we see in so many other areas of contemporary public affairs. Thank you for giving me the opportunity to speak to you on their behalf. THE INTERIOR OF THE United States Department of the Interior OFFICE OF THE SECRETARY March 3. 1849 WASHINGTON, D.C. 20240 OCT 8 - 1976 Dear Mr. Lynn: This will respond to your request for the views of this Department on enrolled bill S. 865, "To amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped." We recommend the President sign the enrolled bill. Title I of enrolled bill S. 865 would provide the General Services Administration with legislative direction in the use of historic buildings, and in the design and use of public buildings. Section 103 (3) would authorize the Advisory Council on Historic Preservation to conduct surveys for the General Services Administration of buildings within particular geographical areas that are of historic, architectural, or cultural interest and that would be suitable for acquisition or purchase to meet the public buildings needs of the Federal Government. Title II would make certain amendments in the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped. We believe the purpose of enrolled bill S. 865 is commendable. It is highly appropriate that the General Services Administration be given legislative direction in the use of historic buildings, and in design and use of public buildings, particularly as it relates to their accessibility and use by those physically handicapped. While supporting S. 865, we would note that section 3(3) (c) duplicates, to some extent, existing authority of the Secretary of the Interior in the Historic Preservation Act of 1966 to expand and maintain a National Register of Historic Places. In our report of August 24, 1976, to the Chairman of the House Committee on Public Works and Transportation, we recommended that the Committee amend section 3(3)(c) in order to vest responsibility for action, in accordance with Executive Order 11593, upon the Administrator of the General Services Administration, and to avoid unnecessary REVOLUTION duplication of program responsibilities by directing the AMERICAN BICENTENNIAL 1776-1976 @ Administrator to prepare procedures for identifying suitable historic buildings in consultation with the Department of the Interior, the National Trust for Historic Preservation, the National Endowment for the Arts, the Council on Environmental Quality and the Advisory Council on Historic Preservation. Even though this change was not incorporated into the enrolled bill, we would expect such coordination to, in fact, occur in the administration of its provisions. In regard to title II, we defer to the views of the General Services Administration as to its desirability. For these reasons, we recommend the President sign this bill. Sincerely yours, The Acting Secretary of the Interior Honorable James T. Lynn Director, Office of Management and Budget Washington, D.C. 2 The President's Committee Associate Members on Employment THE SECRETARY OF STATE of the Handicapped THE SECRETARY OF THE TREASURY THE SECRETARY OF DEFENSE Washington, D.C. 20210 THE ATTORNEY GENERAL THE SECRETARY OF THE INTERIOR THE SECRETARY OF AGRICULTURE THE SECRETARY OF COMMERCE THE SECRETARY OF LABOR PRESIDENT'S COMMITTEE THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE THE SECRETARY OF HOUSING AND THE NO URBAN DEVELOPMENT THE SECRETARY OF TRANSPORTATION THE ADMINISTRATOR OF VETERANS AFFAIRS HANDIUMS October 7, 1976 THE CIVIL SERVICE COMMISSION CHAIRMAN THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION OF THE THE DIRECTOR OF THE UNITED STATES INFORMATION AGENCY THE POSTMASTER GENERAL Honorable James T. Lynn Director Ref: 40 Office of Management and Budget Washington, D. C. 20503 Attention: Mr. James M. Frey Assistant Director for Legislative Reference Dear Mr. Lynn: This is in response to your request of October 5, 1976, for views on S.865, which would amend the Public Buildings Act of 1959 to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and also would amend the Act of August 12, 1968, relating to accessibility of publicly funded buildings to physically handicapped persons. We are limiting our recommendations to Title II. Title II of the proposed legislation would amend the Architectural Barrier Act of 1968, Public Law 90-480, by substituting certain mandatory language for existing permissive language. It gives the Federal agencies named as administrators of the Act a clear statutory mandate to prescribe design standards for the construction and alter- ation of buildings and facilities within their respective jurisdictions: the Administrator of General Services, the Secretary of Housing and Urban Development, the Secretary of Defense, and -- newly added by this proposed legislation -- the United States Postal Service. The amendments would broaden the scope of the definition of "building" in the Act to include all privately owned build- ings leased to the Government, including those buildings leased for public housing purposes. The four administrators of the Act, mentioned above, are mandated to establish a system of continuing surveys and investigations to insure compliance with standards which have been prescribed to insure accessibility. Honorable James T. Lynn Page 2 The Amendments require that the Administrator of General Services must report to Congress during the first week of January of each year on his activities and those of other Federal Government components, including a report of any waivers issued during the preceding year. The bill would give the Architectural and Transportation Barriers Compliance Board the new responsibility to report to the Public Works and Transportation Committee of the House of Representatives and the Public Works Committee of the Senate each year on its activities and actions to insure compliance with the standards prescribed under the Act. We have no reservations about recommending Presidential approval of this bill. Sincerely, Harold Russell Chairman CC: Richard H. Crone Office of Solicitor, DOL EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE, N. W. WASHINGTON, D. C. 20006 OCT 1 2 1976 MEMORANDUM FOR JAMES M. FREY OFFICE OF MANAGEMENT AND BUDGET ATTN: Ms. Ramsey SUBJECT: Enrolled Bill, S. 865 The Council on Environmental Quality has reviewed the enrolled bill S. 865, entitled the "Public Buildings Cooperative Use Act of 1976.' The Council has supported this legislation in letters (attached) from Chairman Peterson to the Chairmen of the Subcommittees on Public Buildings and Grounds of the Senate and House of Representatives. The bill calls on the Administrator of the General Services Administration "to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives. " In our view this legislation rightly encourages the Federal government to take a leadership role in conserva- tion and enhancement of important cultural and historic resources, as is also called for in the National Environ- mental Policy Act. It has become apparent that where fine architecture rich in design and memory has been adapted for new use in communities across the country, not only are resources, energy, and costs conserved but these communities take new pride in their history and cultural assets and find that the old can remain comfortably and compatibly with new construction. -2- The Act calls for improving spaces in and around public buildings to permit convenient and inviting pedestrian access; it encourages the location of commercial, cultural, educational and recreational facilities and activities within public buildings; and it encourages the use of public buildings for cultural, educational and recreational activities. This legislation which permits mixed use in public buildings will encourage creative use of available space in ways that can well serve the needs and vitality of the surrounding community as well as the needs of the federal establishment. Furthermore, it will avoid the waste and often unsafe condition of single purpose structures left empty and desolate after working hours. S. 865 provides a sound basis for the Federal government to take the initiative in providing suitable and handsome space for its activities at reasonable costs while contributing to the vitality and strength of our communities by encouraging the conservation and enhancement of existing cultural assets and the creation of new ones. We fully concur with the provisions of the bill and strongly recommend that it be signed into law. Gary Widman Gary Widman General Counsel Attachments EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE. N. W. WASHINGTON. D. C. 20005 September 27, 1976 Dear Mr. Ginn: It is a pleasure to submit for the record these comments on H.R. 15134, A Bill to Amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped. As pointed out in numerous publications of the Council on Environmental Quality, public works investments are major determinants of land use patterns. It has been well recog- nized that Federal investments and support in housing, transportation, sewers, defense facilities, energy develop- ment, parks, health centers and educational facilities are important influences on city form and function. It is also clear that the location and design of Federal office buildings, courthouses, veterans hospitals, and other structures in cities, an investment of around 80 billion dollars, can have important effects on the surrounding environment. Each year about a billion dollars is spent to construct or rehabilitate Federal buildings around the country. Title I of H.R. 15134 recognizes the substantial impact of such an investment by the Federal government. This Title encourages the positive contributions that Federal structures can make to their surrounding environment. It places emphasis on making use of existing buildings, especially those of historic, architectural or cultural significance, both by encouraging their retention and rehabilitation when already in Federal hands, and by encouraging their purchase or lease to meet Federal space needs. In addition, the legislation encourages the location of commercial, cultural, educational, and recreational facilities and activities within or near public buildings in ways that add to urban vitality and encourage use of federal buildings outside of regular working hours. It would encourage public access and pedes- trian traffic to and through public buildings and would permit cooperative improvements to and uses of areas between the building and the street, so that such activities complement and supplement commercial, cultural, educational, and recrea- tional resources in the surrounding neighborhood. 2 Clearly the Federal government has a responsibility to assure that its actions contribute to humane and enriching public purposes -- particularly when to do so also conserves energy, natural resources, space, and costs. We would not recommend that our cities become museums of the past; however, the past's fine architecture and serviceable structures preserved and complemented by creative and compatible new construction, where appropriate, can contribute to an environ- ment rich in diversity, memory, activity and design. There are notable precedents for adaptive use of historic buildings right here in Washington. Across the street from the White House, Lafayette Square Park is edged on two sides with red brick row houses in scale with the Park, the White House and the 18th Century St. John's Church nearby. Some twenty years ago, when more courtrooms and office space were found necessary, the houses were to be torn down and replaced with large buildings out of scale with their surroundings. Fortunately, because of Presidential concern, there was a stay of execution and the houses were remodeled into hand- some offices. As one of the tenants in those townhouses, I think it is the most civilized Federal space in town. Further office needs were satisfied by adding a new building of related materials and detail behind the old townhouses. The buildings were linked by a tree shaded courtyard which enhanced the design of the structures and welcomed pedestrian passage. Also in Washington the Old Executive Office Building was saved from the bulldozer and stands today as graceful and useful space next door to the White House. Across the street, the Renwick Museum has been restored and put to public use, and the Old Post Office has been cleaned in recognition of its handsome architecture and as a first step towards adapting it for use as Federal office space and for other uses. In other cities, GSA has restored and put to good use older court houses and Federal buildings. In San Francisco, the Old Mint, abandoned and cobwebbed, was restored with care by the U.S. Treasury Department to become a museum of coins and of San Francisco's lively and grand past. Too often in the past, however, in the interest of consolidating Federal office space in cities by putting all agencies, related or not, under one roof, the possibility of using a mix of older buildings or old and new structures in close proximity to each other has not been sufficiently considered. Sound, older buildings have been torn down or viable sections of the community disrupted to make way for large new Federal office buildings, often incompatible with their surroundings and without architectural distinction. Bulky in scale, often 3 set off from active city life, the Federal office building is cut off from the community at large and is locked and empty at the end of the working day -- a lonely and isolated spot. There is an important and growing effort on the part of states, cities and private groups to save and use fine older architecture well located in the heart of town for office space. In St. Louis, the 9-story Wainwright Building, built in 1890-91 by Dankmar Adler and Louis H. Sullivan, and famed for its brick/terra cotta facade, was saved from demolition when the State of Missouri decided to restore the building as part of a state office building complex. The New York State Bar Center at Albany has incorporated the brick facades of three 19th century row houses into its new limestone headquarters. Local governments have also begun to act. In Seattle, the City is using some of the old turn of the century granite buildings in and around the restored Pioneer Square for city offices, thus contributing to the restoration, stability and liveliness of that area. The Old City Hall in Boston has been modernized into elegant private offices, a bank and a restaurant. All over the country where old buildings have been renewed life around them has also been renewed and a pedestrian scale and diversity that gives the city a special character and excitement has been restored. My frank opinion is that if our older cities are saved, they will be saved more by this kind of thoughtful use of existing resources than by demolition and sweeping changes. In addition to encouraging the Federal Government to con- tribute to architectural and historic preservation, H.R. 15134 calls for improving the spaces in and around the public buildings. This is to be done using designs that encourage pedestrians to move freely in, around and through buildings, and by providing courtyards, restaurants, food stores, shops, banks, theaters, lecture halls, meeting rooms and recreation facilities, not only for those who work in the building but for the convenience and enrichment of the general public, who after all pay the bill for the construc- tion and maintenance of these structures. I might add that there is also no reason why these structures and older buildings cannot be adapted to be accessible to the handicapped, whether employees or visitors, as called for in Title II of the proposed legislation. 4 Mixed use in office buildings is not a new idea, but it is an idea that requires the support of this legislation to encourage its widespread application in Federal buildings. In Canada and Sweden, the national governments have taken steps to include a variety of activities in their government buildings. In Nashville, Tennessee, the first five floors of a state office building will house separate music and drama theaters, a multi-purpose rehearsal studio and a state museum -- all open to the public. Above will be ten stories of offices for state agencies. This multi-use building will not only be economical to construct and maintain but it will tend to keep people in the currently under utilized downtown area after working hours. I believe the Federal Government can do much to encourage the same sense of vitality by allowing a variety of uses in its own buildings. The legislation before you today would be a great help in starting us toward that goal. In closing, we support H.R. 15134 and urge that it be enacted into law. The Office of Management and Budget has advised us that it has no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, Duss Peterson Russell W. Peterson Chairman Honorable Ronald Ginn Chairman, Subcommittee on Public Buildings and Grounds Committee on Public Works and Transportation U.S. House of Representatives 2165 Rayburn Building Washington, D.C. 20510 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE. N. W WASHINGTON, o: C. 20006 Dear Senator Morgan: It is my pleasure to submit for the record these comments on S. 865, the "Public Buildings Cooperative Use Act of 1975." As Chairman of the Council on Environmental Quality, I am reminded daily of the enormous impact Federal actions can have on the man made environment. Federal investments and support in housing, transportation, sewers, defense facilities, energy development, parks, health centers and educational facilities exert an important influence on the form and function of the cities we live in. It is also clear that the location and design of Federal office buildings, courthouses, veterans hospitals, and other structures: in cities, an investment of 83 billion dollars, can have important effects on the surrounding environment. Each year about a billion dollars is spent to construct new Federal buildings across this country and about half that much is spent to lease property for Federal use. With so much money being spent on some 2.5 billion square feet of office space, it makes good sense to examine the impact of the investment. In this regard, S. 865 appears to be a very useful piece of legislation. It recognizes and encourages the positive contributions that Federal buildings can make to their surrounding environment. It places special emphasis on making use of existing buildings of historic or architec- tural significance, both by encouraging their retention and -2- rehabilitation when already in Federal hands, and by encouraging their purchase or lease to meet Federal space needs. In addition, S. 865 encourages the location of commercial, cultural, educational, and recreational faci- lities and activities within or near public buildings in ways that add to urban vitality and encourage use both during and outside of regular hours. The Federal Government has a responsibility to assure that its actions contribute to humane and enriching public purposes -- particularly when to do so also conserves energy, natural resources and costs. While we would not recommend that our cities become museums of the past, the past's fine architecture preserved and complemented by creative and compatible new construction, where appropriate, can contribute to an environment which is diverse and rich in memory, activity, and design. There is a precedent for adaptive use of historic buildings by the Federal Government right here in Washington. Across the street from the White House, Lafayette Square Park is edged on two sides with red brick row houses in scale with the Park, the White House and the 18th Century St. John's Church nearby: Some twenty years ago when more courtrooms and office space were found necessary, the houses were to be torn down and replaced with large and unwelcoming buildings. Fortunately, because of Presidential concern, there was a stay of execution and the houses were remodeled into handsome offices. As one of the tenants in those townhouses, I think it is the most civilized Federal space in town. Ample new buildings of related materials and detail were added behind the old ones connected by planted courtyards, and the space needs were satisfied by retaining the old and blending the new. Also in Washington the Old Executive Office Building was saved from the bulldozer and stands today as graceful and useful space next door to the White House. Across the street, the Renwick Museum has been restored and put to public use, and the Federal Home Loan Bank Board Building is under -3- construction, carefully designed to. include mixed uses which serve the surrounding area. In other cities, GSA has restored and put to good use older court houses and Federal buildings. In San Francisco, the Old Mint, abandoned and cobwebbed, was restored with care by the U.S. Treasury Department to become a museum of coins and of San Francisco's lively and grand past. Too often in the past, however, there has been an attempt to centralize Federal office space in cities by putting all agencies, related or not, under one roof in a new building of little architectural distinction. Visually the building has been set off from the others around it and is locked up and left at the end of the day. S. 865 gives us the tools and the mandate to change this picture. There is an important and growing effort on the part of states, cities and private groups to save and use fine older architecture for office space. This month's Fortune magazine has an excellent article with photos on how to recycle buildings for office space. But perhaps the most relevant example comes from the State of Missouri. In St. Louis, the 9-story Wainwright Building, built in 1890-91 by Dankmar Adler and Louis H. Sullivan, and famed for its brick/terra cotta facade, was saved from demolition when the State of Missouri decided to restore the building as part of a state office building complex. Local governments have also begun to act. In Seattle, the City is using some of the old turn of the century granite buildings in and around the restored Pioneer Square for city offices, thus contributing to the restoration, stability and liveliness of that area. The old City Hall in Boston has been modernized into beautiful and elegant private offices. All over the country where old buildings have been renewed, life around them has also been renewed and a pedestrian scale and diversity that gives the city a special character and excite- ment has been restored. My frank opinion is that if our older cities are saved, they will be saved more by this kind of thoughtful use of existing resources than by demolition and sweeping changes. S. 865 not only recognizes the opportunity the Federal Government has to contribute to architectural and historic preservation; another section of the bill calls for enriching the spaces in and around the public buildings by a design that encourages pedestrians to move freely in, around and through the buildings, by providing courtyards, restaurants, food stores, shops, banks, theaters, lecture halls, meeting rooms and recreation facilities, not only for those who work in the building but for the convenience and enrichment of the general public, who after all pay the bill for the construction and maintenance of these structures. I might add there is also no reason why these functions and older buildings cannot be adapted to be accessible to the handicapped, whether employees or visitors. Mixed use in office buildings is not a new idea, but it is an idea that requires the support of this legislation to encourage its widespread application in Federal buildings. In Canada and Sweden, the national governments have taken steps to include a variety of activities in their government buildings. In Nashville, Tennessee, the first five floors of a state office building now under construc- tion will house separate music and drama theaters, a multi- purpose rehearsal studio and a state museum -- all open to the public. Above will be ten stories of offices for state agencies. This multi-use building will not only be economical to construct and maintain but it will tend to keep people in the currently under utilized downtown area after working hours. I believe the Federal Government can do much to engender the same sense of vitality by allowing a variety of uses in its own buildings. The legislation before you today would be a great help in starting us toward that goal. With respect to the specific language of S. 865, we have two suggested changes which we believe the Committee should consider: First, Section 2 of the bill should be revised to apply to leased space as well as purchased or federally constructed space. This would increase considerably the opportunity for adaptive use of older structures in cities. -5- Second, we believe the bill should encourage the con- sideration of alternatives using more than one older building or a mix of old and new, especially where the buildings are in close proximity. It should not be necessary to limit the survey to only buildings that can accommodate the entire Federal establishment in the city. Often creative use of groups of smaller buildings can accomplish the same purpose of consolidating agencies from scattered offices to a central location. In closing, we support S. 865 and urge that it be enacted into law. The Office of Management and Budget has advised us that it has no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, (Sgd) Russ Poterson Russell W. Peterson Chairman Honorable Robert Morgan Chairman, Subcommittee on Buildings and Grounds United States Senate Washington, D. C. 20510 POSTA STATES UNITED * U.S.MAIL SERVICE * ******* LAW DEPARTMENT Washington, DC 20260 October 6, 1976 Mr. James M. Frey Assistant Director Legislative Reference Office of Management and Budget Washington, D.C. 20503 Dear Mr. Frey: This responds to your request for the views of the Postal Service with respect to the enrolled bill: S. 865, "To amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped." 1. Purpose of Legislation The part of this bill that affects as it affects the the Postal Service is title II, Postal Service. which proposes several amendments to the Act of August 12, 1968 (the "Architectural Barriers Act"), 42 U.S.C. 4151-4156. One set of amendments would apply the Act to the Postal Service. (A conforming amendment to 39 U.S.C. $410 (b) would also be made.) The bill would also expand the general coverage of the Act to include buildings leased by the Government. 2. Position of the The Postal Service is already bound Postal Service. by legal requirements with respect to ready access to its facilities similar to those in the Architectural Barriers Act. 39 U.S.C. 101 (g) , 403 (b) (3), 1003 (b). We believe that we have implemented these require- ments with technical standards that are at least as favorable-- and in many cases more favorable- to the -2- handicapped than are the standards used by other agencies to implement the general language of the Archi- tectural Barriers Act. For that reason, we see no need to apply the Architectural Barriers Act to the Postal Service; but by the same token, we have no objection to such a proposal. However, we have taken the position that the bill's proposal to extend the coverage of the Act (as applied to all agencies) to cover leased buildings, regardless of such variables as the length of term of the lease, is unnecessarily inflexible and gives insufficient attention to the need for economy. Structural modifications of existing buildings usually are comparatively expensive and may redound principally to the benefit of the private lessor rather than the government lessee or the general public. Still, we have not considered this objection to be overriding enough to warrant opposition to enactment of the entire package. 3. Timing. We have no recommendation with respect to timing of the President's action on the bill. 4. Cost or Savings. The proposal to extend the coverage of the Architectural Barriers Act to include leased buildings probably will make some leases more expensive. However, we do not have specific cost estimates with respect to the likely impact. 5. Recommendation for Considering the entire bill, the Presidential Action. Postal Service does not interpose objection to the approval of this legislation by the President. Sincerely, W. allen Sanders W. Allen Sanders Assistant General Counsel Legislative Division HEALTH. EDUCATION REPRESENT AND DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE U.S.A. OCT 7 1976 The Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: This is in response to your request for a report on S. 865, an enrolled bill "To amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped." In short, we have no objection to enactment of title II of the enrolled bill, but, regarding the desirability of the enrolled bill as whole, we defer to the General Services Administration. The General Services Administration would be responsible for the administration of title I of the enrolled bill, and we have no comment to make on this title. Title II of the enrolled bill would make several amendments to the Act entitled "An Act to insure that certain buildings financed with federal funds are so designed and constructed as to be accessible to the physically handicapped", which was approved on August 12, 1968. We have enclosed, for your information, a detailed summary of each section of title II of the enrolled bill. Briefly stated, title II of the enrolled bill is apparently intended to strengthen the enforcement of the Act of August 12, 1968, in order to improve the accessibility of buildings to the physically handicapped. The Department strongly supports the objective of maximizing accessibility The Honorable James T. Lynn 2 of all buildings to handicapped individuals, and we believe that the amendments contained in title II of S. 865 would likely improve the effectiveness of the 1968 legislation in achieving this goal. However, regarding each of the specific amendments contained in title II, we defer to the agency more directly involved. We therefore have no objection to enactment of the enrolled bill. Sincerely, hajon legned Under Secretary Enclosure SUMMARY OF TITLE II OF S. 865 Section 201 of the enrolled bill would make several amendments to the Act entitled "An Act to insure that certain buildings financed with federal funds are so designed and constructed as to be accessible to the physically handicapped", (hereinafter referred to as the "Act") approved August 12, 1968 (42 U.S.C. 4151-4156). Section 201 (1) of the enrolled bill would amend the Act to include within its provisions structures leased by the Federal Government for subsidized housing and all buildings leased in whole or in part by the Federal Government after the date of enactment of the Act (August 12, 1968) Currently the Act excludes from its terms privately owned residential structures and buildings leased in whole or in part by the Federal government if not constructed or altered in accordance with the plans and specifications of an agency of the United States. Section 201 (2) of the enrolled bill would amend the Act to require the Administrator of the General Services Administration (GSA) to prescribe, in consultation with the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary"), standards for buildings constructed with Federal assistance. Currently, the Administrator is merely authorized to prescribe such standards. Section 201 (2) would also exclude from the jurisdiction of GSA buildings of the United States Postal Service. Section 201 (3) of the enrolled bill would amend the Act to require the Secretary of Housing and Urban Development, in consultation with the Secretary, to prescribe standards to insure, whenever possible, that residential structures subject to this Act will be readily accessible to handicapped persons. Currently, the Secretary of Housing and Urban Development is merely authorized to prescribe such standards. Section 201 (4) of the enrolled bill would amend that Act to require the Secretary of Defense, in consultation with the Secretary, to prescribe standards for its buildings, structures, and facilities to insure that they will be accessible to handicapped persons. Currently, the Secretary of Defense is merely authorized to prescribe such standards. 2 Section 201 (5) of the enrolled bill would add a new section to the Act. The new section would require the United States Postal Service, in consultation with the Secretary of Health, Education, and Welfare, to prescribe standards for the design, construction, and alteration of its buildings to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings. Section 201 (6) of the enrolled bill would make a conforming change in the Act pertaining to waivers and modifications of standards on a case-by-case basis. This section of the enrolled bill would also require the Administrator of General Services to establish a system of continuing surveys and investigations to insure compliance with the standards. Currently, the Act provides the Administrator with greater discretion to determine when such surveys and investigations may be appropriate. Section 201 (7) of the enrolled bill would add another new section to the Act. That section would require the Administrator of General Services to report annually to the Congress on his activities and the activities of other departments undertaken pursuant to the Act. This section of the enrolled bill would also require an additional annual report by the Architectural and Transportation Barriers Compliance Board. Section 202 of the enrolled bill would provide that the amendment made by the enrolled bill would apply to leases entered into after January 1, 1977. Section 203 of the enrolled bill would make a conforming change to title 39 of the United States Code. THE EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 14 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 865 - Use of public buildings Sponsors - Sen. Buckley (R) New York and 3 others Last Day for Action October 19, 1976 - Tuesday Purpose Promotes the preservation and public use of buildings of historical, cultural or architectural significance, and pro- vides for greater accessibility of Federal buildings to the physically handicapped. Agency Recommendations Office of Management and Budget Approval General Services Administration Approval (Informally) National Endowment for the Arts Approval Department of the Interior Approval The President's Committee on Employment of the Handicapped Approval Council on Environmental Quality Approval Architectural and Transportation Barriers Compliance Board Approval (Title II only) (Informally) Department of Housing and Urban Development No objection(Informally) United States Postal Service No objection Department of Health, Education, and Welfare No objection Attached document was not scanned because it is duplicated elsewhere in the document THE WHITE HOUSE 6 TION MEMORANDUM WASHINGTON LOG NO.: Date: Time: October 15 1230pm FOR ACTION: Lynn May CC (for information): Jack Marsh Sarah Massengale Steve McConahey Max Friedersdorf Ed Schmults Bobbie Kilberg FROM THE STAFF SECRETARY DUE: Date: October 16 Time: noon SUBJECT: S.865-Use of public buildings ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing Recommend approval. B.Rath 10/15/70 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephor 3 the Staff Secretary immediately. For the President THE WHITE HOUSE 6 At "ON MEMORANDUM WASHINGTON LOG NO.: Date: Time: October 15 1230pm FOR ACTION: Lynn May CC (for information): Jack Marsh Sarah Massengale Bobbie Kilberg m.f. Steve McConahey Max Friedersdorf Ed Schmults FROM THE STAFF SECRETARY DUE: Date: October 16 Time: noon SUBJECT: S.865-Use of public buildings ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing Sign PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President - Calendar No. 338 94TH CONGRESS SENATE REPORT 1st Session No. 94-349 PUBLIC BUILDINGS COOPERATIVE USE ACT OF 1975 JULY 31, 1975.-Ordered to be printed Mr. BUCKLEY, from the Committee on Public Works, submitted the following REPORT [To accompany S. 865] The Committee on Public Works, to which was referred the bill (S. 865), to promote more efficient use of the Nation's resources, to foster the preservation of buildings of historic, architectural, or cul- tural significance, and to enhance the social and economic environment within and surrounding Federal office buildings, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass. PURPOSE The purpose of S. 865, as reported, is to broaden the policy of the Federal Government in the acquisition and use of public office build- ings. The bill encourage the purchase of older buildings and their "re- cycling" into new office space for Federal agencies. S. 865 also pro- vides for the multiple use of Federal buildings by allowing rental to commercial and other tenants of a limited amount of space in Federal office buildings. BACKGROUND AND NEED FOR LEGISLATION National policy in housing Federal offices is presently directed to- ward the development of new office buildings, often under the rationale that Federal agencies must be consolidated into one or two Federal buildings. While this practice may often prove wise and cost effective, it sometimes proves to be the wrong approach. Neighborhoods are dis- rupted when the bulldozers move in and the people move out. Nor is consolidation always wise; it is not necessarily a valuable public con- venience to have the local Social Security office across the hall from the local Justice Department office. 57-010 2 3 This legislation seeks to provide greater flexibility in meeting office the social, cultural, and economic environment in and near Federal needs by insisting that the General Services Administration (GSA) office buildings. consider the use of what is worthy in our past, preserving it, and en- The opening of our Federal buildings by encouraging public use is a hancing it, rather than to raze it or to ignore it in favor of needless new desirable goal. This legislation grants the General Service Adminis- construction. tration the authority to lease space in Federal office buildings for The purchase of buildings of historic, architectural, or cultural sig- "commercial, cultural, educational, or recreational" uses. nificance and their transformation into new office space will save en- Broadened usage could also provide a substantial economy to the ergy. The design of older buildings is generally less extravagant in the taxpayers. The most valuable space in most office buildings is the use of energy than modern glass designs. A renovation approach would space on the access level. Instead of devoting this prime space to rows eliminate the consumption of the energy needed to tear down and re- and rows of desks and files, the bill would make it available at ap- place the older building. The General Service Administration testified propriate commercial rates. that it is usually cheaper to refurbish than to replace. Renovation is more labor-intensive per dollar invested than new construction. And it HEARINGS is work that generally can be accomplished far more expeditiously than demolition and replacement. Possibly most significant, renovation proj- The Subcommittee on Buildings and Grounds conducted a hearing ects would enhance some of the character of our national past, while on S. 865 on May 19, 1975. Testimony was heard from individuals fostering urban continuity. representing the General Services Administration, the National En- In response to a question during the hearing, the witness for GSA dowment for the Arts, the National Trust for Historic Preservation, stated: the Advisory Council on Historic Preservation, the American Insti- If enacted, S. 865 would promote a more efficient use of our tute of Architects, and a panel of architects. Every witness urged natural resources because the existing components, such as the enactment of this legislation. steel and masonry materials, would be utilized to the greatest extent practicable. This, of course, would be in contrast with PROVISIONS OF LEGISLATION new construction which would involve the manufacture of new materials on the one hand, and eventual destruction of many The reported bill broadens the options available to the Federal of them in the older buildings on the other. The alteration Government in meeting its need for office space, and, at the same project provides more jobs, per dollar cost, but normally varies stroke, to make Federal office buildings more inviting to the public. It is legislation that will enhance the environment of our cities while from 11/2 to 2 times in favor of alteration type work. saving money. It is legislation that will conserve energy and natural The American Institute of Architects testified that adaptive use can resources while producing new jobs. be undertaken, in many cases, at "one-third to one-half the cost of a One of the most effective roles the Federal Government can play in new building providing comparable facilities." our cities is that of catalyst. What better way exists to rejuvenate an A complementary need is to create Federal buildings that are more area than to convert what is old and usable into something new and inviting and accessible to the public. As the Nation utilizes its past in vital? this Bicentennial era. it must also seek to add vitality to existing and The bill directs that the General Services Administration notify future Federal offices. This will benefit employees and visitors alike. the Advisory Council on Historic Preservation whenever GSA identi- Federal employees often are found working within an architectural fies a need for additional public office space in a particular city. The island. There is no place to eat, except in a building cafeteria. There is Council, through its State historical preservation officers and in co- no place to shop, except possibly at a cigar stand. And the general pub- operation with other groups such as the National Trust for Historic lic-the people who paid for the building-have every reason to shun Preservation, will then survey the metropolitan area for structures the building, with its foreboding walls, except when forced there to do that have character and could be acquired for refurbishing. It is business with the Federal Government. A recent report to the National anticipated that this inventory can be achieved in 60 days. Endowment for the Arts stated the basic problem: This must not be an effort to select one or two isolated historic build- The very term "public building" has become a contradie- ings for renovation. The General Services Administration can find tion: no one in his right mind now goes into a public building opportunities for renovation in many older, rundown office buildings, except on business. warehouses, railway stations, and theaters. The purpose would not be to preserve the interior as originally constructed, but to convert the This legislation, by allowing the rental of space for shops and res- interior into modern offices, savings as much of the basic structure as taurants on the major pedestrian access levels of Federal buildings, proves to be wise. should encourage public visits to these buildings, serve the employees of the building and those who must visit them on business, and provide The General Services Administration should work closely with the greater pedestrian traffic for greater public safety. This will enhance Advisory Council, the National Trust, and architecture groups in selecting the criteria for the types of structures to be canvassed. Once S.R. 349 S.R. 349 4 5 the Advisory Council completes its canvas, it would be expected to poses, such as for outdoor cafe or similar uses, when GSA has control file its recommendations with GSA. That Council might identify one of such space. building clearly meeting the Federal need. It may identify two or Rentals are allowed on the "major pedestrian access level." This three structures that, in combination, fulfill the Federal space needs. phase is used because of the possible confusion over a term such as Or it might recommend one or two buildings for conversion, recogniz- "ground floor." There may be instances when pedestrians obtain en- ing that Federal construction of a new building was necessary for the trance to a building on two or more levels. In those cases, rental space balance of the needed space. In a few cases it might find no buildings on both levels may be appropriate. In such cases, of course, GSA must that are suitable in that particular city. seek total rental space inside the building equivalent to the square GSA would then evaluate the Council's proposal within the context footage available on any single floor. of engineering and cost, weighing the advantages against the disad- Lease facilities, in many cases, cannot be expected to survive on vantages. When GSA agrees with the Advisory Council, or possibly the patronage of Federal employees. Provisions must be made for identifies for recycling another building of similar character, this fact access by the public, which may dictate certain architectural consider- will become known and discussed in the prospectus. Should it reject the ations, such as allowing shops to be conspicuous SO that they can attract Council recommendation in whole or in part, GSA must discuss, in the customers from the street. resulting prospectus, the details of its rejection. Tenants should be sought or encouraged SO as to promote an attrac- "Recycling" is not intended as a way to hold up new projects. GSA tive and interesting mix of commercial and other activities serving the must not become bogged down by lengthy cost-benefit studies, or the community and not to maximize the revenue from rentals. Rentals need to examine every building urged on it by the public. But the should not be uniform, based on the highest economic use for the space, GSA can learn much through the drill of considering what is available but should reflect the intended use of the space by the lessee and what from our national past before consideration of the new-construction rent such activities pay elsewhere in the community. alternative. Such work, of course, should comply with applicable local and Federal requirements in the same manner as a new construction SECTION-BY-SECTION ANALYSIS project. GSA's criteria are now largely based on description of items, rather Section 2 of the bill is a general directive to the Administrator of than performance. That is, these criteria prescribe dimensions, the type the General Service Administration to acquire space for Federal of materials, the engineering, etc., needed to achieve safety, comfort, offices in buildings of historic, architectural, or cultural significance, and convenience, without specifying dimension or materials. GSA unless use of such space would not prove feasible and prudent com- must not use the prescriptive nature of its criteria to disqualify older pared with available alternatives. This directive, and one allowing buildings when these same buildings might meet the more flexible mixed public-private use of Federal buildings, are intended to stimu- performance standards. late public use during and outside of regular Federal working hours. The Committee recently approved two buildings for the Social In making these decisions, the General Service Administration is Security Administraton that were to be designed on a performance, directed to consult with the Governors, mayors, and other community rather than prescriptive, basis. GSA testified most eloquently on the leaders. need for such performance standards. GSA should take its preach- Section 3 of the bill adds two new paragraphs to the Public Build- ments to heart and extend them to the consideration of recycling older ings Act of 1959. One paragraph requires that the General Services buildings. Administration, in developing a prospectus for Federal office space, One source of such buildings might be older Federally owned build- request the Advisory Council on Historic Preservation to identify ings of high architectural quality that are being phased out of their existing buildings in the community that are of architectural, cultural, present use, such as Post Offices. The use of railroad stations, such as or historic interest and suitable for purchase to convert into Federal Grand Central Station in New York City, might be reasonable. office space. The section requires that the General Services Adminis- Another opportunity exists in the conversion of the old Post Office in tration, when submitting future buildings prospectuses in which it Washington, D.C., into modern office space, while preserving its im- recommends new construction, explain the economic or other reasons pressive courtyard area. GSA should seek to achieve this renovation why it is not acquiring existing space for renovation. at any early date. Section 4 amends the Federal Property and Administrative Serv- Much can also be achieved through the cooperative, mixed use of ices Act of 1949 to allow cooperative, or mixed, use of public buildings. Federal office buildings. But cooperative use is a limited tool. It is not This section allows the General Services Administration to lease space intended to make GSA the Nation's landlord. It will not work every- along the major pedestrian access level of any public building to where. It should only be tried where local governments agree. But it persons or firms engaged in commercial, cultural, education, or recrea- is an approach that, used in moderation, should have the ancillary tional activities at a rate that is equivalent to the prevailing local benefit of enhancing employee morale and efficiency. commercial rate for space devoted to a similar purpose. While the GSA also is given the flexibility to lease space or to cooperate in the leases can be made without competitive bid, they must be made to use of space adjacent to any Federal office building for beneficial pur- protect the public interest. S.R. 349 S.R. 349 6 Any income from such leases is subject to in-lieu-of-tax payments by the Federal Government to the local government. The General Services Administration is also required to give priority in the assigning of any space on the major pedestrian access level that is not leased out to those Federal activities requiring regular contact with members of the public. This should include Government Printing Office bookstores and information offices of Federal agencies. Section 5 provides a number of redefinitions, including one for "commercial activities," which is defined to include restaurants, food stores, craft stores, dry goods stores, financial institutions, and display facilities. The definition for "recreational activities" includes day-care centers. This should be construed to include all types of child care facilities which could be appropriately used by workers in the building and families from the community. The care of children in such facili- ties shall meet applicable state and local standards and licensing requirements or, in the absence of such standards and requirements, the Federal standards for child care as established by the Secretary of Health, Education, and Welfare. ROLLCALL VOTES Section 133 of the Legislative Reorganization Act of 1970 and the rules of the Committee on Public Works require that any rollcall votes be announced in this report. During the committee's consideration of this bill, no rollcall votes were taken, and the bill was ordered reported by voice vote. COST OF THE LEGISLATION Section 252 (a) (1) of the Legislative Reorganization Act of 1970 requires publication in this report of the Committee's estimate of the cost of reported legislation, together with estimates prepared by any Federal agency. No costs will be involved beyond those normally at- tributable to routine Public Building construction projects. on a case basis to be determined by the Administrator, in accordance with the appropriate provisions of Public Law 92-313. CHANGES IN EXISTING LAW In the opinion of the Committee it is necessary to dispense with the requirements of subsection (4) of rule XXIX of the Standing Rules of the Senate in order to expedite the business of the Senate. S.R. 349 94TH CONGRESS HOUSE OF REPRESENTATIVES REPT. 94- 2d Session 1584 Part 1 PUBLIC BUILDINGS COOPERATIVE USE ACT OF 1976 SEPTEMBER 16, 1976.-Ordered to be printed Mr. JONES of Alabama, from the Committee on Public Works and Transportation, submitted the following REPORT [To accompany H.R. 15134 which on AUGUST 10, 1976, was referred jointly to the Committee on Public Works and Transportation and the Committee on Government Operations] The Committee on Public Works and Transportation, to whom was referred the bill (H.R. 15134) to amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped, having considered the same, report favorably thereon with an amendment and recom- mend that the bill as amended do pass. The amendment strikes out all after the enacting clause and in- serts a substitute text which appears in italic type in the reported bill. PURPOSE OF THE BILL Title I of H.R. 15134, as amended, gives a broader purpose to the duties of the Administrator of General Services in acquiring space necessary for accommodating Federal agencies. First, it authorizes and encourages the Administrator to acquire and utilize space in suitable buildings that have historical, architectural, or cultural significance. Second, it authorizes and encourages the Administrator to stimulate pedestrian traffic and community use of certain parts of public buildings by leasing or otherwise making available space for commercial, cultural, educational, and recreational activities. Title II amends existing law to assure more effective implementa- tion of the congressional policy to eliminate architectural barriers to physically handicapped persons in most Federally occupied or spon- sored buildings. EXPLANATION OF AMENDMENT The committee amendment strikes everything after the enacting clause and inserts language in the nature of a substitute. It does not 57-006 o 2 3 change the basic purpose or thrust of the bill. The changes are for clarification and technical improvement. The principal changes made Title II of H.R. 15134 amends the act of August 12, 1968, relating by the committee amendment are found in title I. They include: to the accessibility of certain buildings to the physically handicapped. (1) Elimination of the language (Section (2) of the The legislation would impose a clear statutory mandate that Federal original bill) which would give preference to acquisition of space agencies named in the Architectural Barriers Act insure that public in any existing building. This could lead to a serious conflict with buildings are made accessible to the physically handicapped. The the congressional policy to encourage purchasing-rather than legislation would include within the coverage of the act all Govern- leasing-of Federal buildings as the more economical procedure. ment-leased buildings and facilities intended for public use or in which (2) Assuring that in negotiating leases for cooperative use the physically handicapped might be employed, all privately owned under the authority of the bill the Administrator follow proce- buildings leased to the Government for public housing, and the Postal dures necessary to promote competition and protect the public Service. Agencies named in the act would be required to establish a interest. system of continuing surveys and investigations to insure compliance (3) Elimination of a provision that would amend the Federal with prescribed standards. In addition, the Architectural and Trans- Property Act, which is under the jurisdiction of the House Gov- portation Barriers Compliance Board established by section 502 of ernment Operations Committee, to authorize the Administrator the Rehabilitation Act of 1973 shall report to the Public Works and to pay sums in lieu of real property taxes to State and local Transportation Committee of the House of Representatives and the governments on space leased to certain non-Federal persons, firms, Public Works Committee of the Senate annually on its activities and or organizations. The House Government Operations Committee actions to insure compliance with the standards prescribed under this regards expenditures of funds to make payments in lieu of taxes act. Further, an annual report to Congress is required on GSA's as an extremely important question, from both a policy and an activities and those of other departments, agencies, and instrumen- administrative standpoint. talities of the Federal Government on standards issued, revised, The House Public Works and Transportation Committee concurs in amended, or repealed under this Act and all waivers of such standards the action taken by the House Government Operations Committee and granted. has assurances that the House Government Operations Committee will HEARINGS study the proposal in the 95th Congress. Changes made by the committee amendment to title II, relating to The Subcommittee on Public Buildings and Grounds of the House elimination of architectural barriers for the physically handicapped, Committee on Public Works and Transportation, to which the bill are to clarify the application of the legislation to the U.S. Postal was jointly referred, held hearings on title I of the bill August 25, Service and to provide that the Postal Service consult with the Secre- 1976, and on title II of the bill on August 26, 1976. tary of Health, Education, and Welfare with respect to design and Testifying on title I were: Representative Leonor K. Sullivan of construction standards. Missouri, Administrator of General Services, Director, Buffalo and Erie County Historical Society, Chairman, National Endowment for GENERAL STATEMENT the Arts, Chairman, Advisory Council on Historical Preservation, Associate Director for Professional Services, National Park Service, Title I, cited as the "Public Buidings Cooperative Use Act of Executive Director, Pennsylvania Avenue Development Corporation, 1976", directs the Administrator of the General Services Admin- and Deputy Director, District of Columbia Municipal Planning Office. istration to acquire space for Federal offices in buildings of historic, Testifying on title II were: Representative Robert Edgar of Penn- architectural, or cultural significance, unless use of such space would sylvania, Associate Director, Federal Personnel and Compensation not prove feasible and prudent compared with available alternatives. Division, General Accounting Office, a representative of the National The legislation directs the Administrator prior to undertaking a sur- Easter Seal Society for Crippled Children and Adults, Deputy Assist- vey of public buildings needs of the Federal Government within a geo- ant Secretary for Facilities. Engineering, and Property Management, graphical area to request the Chairman of the Advisory Council on Department of H.E.W., Chief of Construction Standards and Design, Historic Preservation to identify existing buildings in the community Department of Defense, General Manager, Property Management Di- that are of architectural, cultural or historic interest and suitable for vision, Real Estate and Buildings Department, U.S. Postal Service, purchase to convert into Federal office space. The legislation further and A representative of the American Institute of Architects. encourages the Administrator to lease space on pedestrian levels in All witnesses at the above hearings indicated either approval of the Federal builidngs to persons or firms engaged in commercial, cultural, legislation or lack of general objection. educational or recreational activities in order to encourage the public use of public buildings. Lastly, it encourages the Administrator to THE BENEFITS OF MULTIPLE-USE make available, on occasion, auditoriums, meeting rooms, courtyards, rooftops and lobbies of public buildings for cultural, recreational, and Multiple-use of Federal buildings and the attempt to preserve cul- educational activities. turally significant buildings places the emphasis of the Federal Build- ing Program on serving the total public interest. In the past, the 4 5 objective was simply to provide space for Federal agencies. Through the architectural preservation provisions of this bill, GSA would be lion investment in repair and alteration work could produce up to able to help preserve the important architectural heritage of our cul- three times as many new jobs as $1 million in new construction ture. This act would make it possible for the Government to become activity. This comparison cannot be taken literally in all cases but it a partner with the community in an attempt to meet public needs and does illustrate that possibilities exist through this legislation for sub- stantial and effective payoffs in worthwhile employment. goals-the very reason for any Government program. Other benefits that would accrue from this bill are many. It would In the past, Federal buildings have been viewed as cold, concrete edifices entered only by those who either worked there or who had provide additional conveniences for Government employees; augment business with the Government. Recent innovations in architectural further the aims and intent of the Intergovernmental Cooperation style and design have helped to change this negative image somewhat. Act; establish a viable partnership between the Federal government The concepts embodied in this bill would go further toward making and various sectors of the community; create job and business oppor- Federal buildings and their occupants more a part of the community. tunities for the local community and relieve some of the burden borne As the principal manager, builder, owner and lessor of Federal by local communities in preserving older structures. buildings in the United States, the General Services Administration COST OF LEGISLATION has a commitment toward bettering the total environment of Ameri- ca's cities and towns. The Public Buildings Service is responsible for In accordance with rule XIII (7) of the rules of the House of 10,000 Federally owned or leased buildings. It has 1,700 construction Representatives the following information is furnished. projects underway, a billion dollar annual budget, 22,000 employees H.R. 15134, as reported, does not make specific appropriations for and an inventory of 250 million square feet of building space across any fiscal year. There are new requirements in title I for the Admin- the country. This bill would encourage where practical the renovation of older istrator of General Services in regard to Federal office space which may result in savings to the United States. Amendments in title II buildings so that they could be converted to useful Federal space. would impose compliance for accessibility for the physically handi- This would include consideration of preservation of historic buildings and areas for community-oriented, multi-purpose public buildings. capped in Federal buildings. It is estimated by GSA that barrier free design would impose additional cost to a new building by one-half of Cities have always had multiple-use planning. In many older neigh- borhoods apartments typically were built above stores that lined the 1 percent. street level. And recent examples of vertical mixing-that is some COMPLIANCE WITH CLAUSE 2(1) OF RULE XI OF THE RULES OF THE combination of retail, parking, office, recreational and residential use HOUSE OF REPRESENTATIVES in a single structure-can be found in the Sears Tower and the John Hancock Center in Chicago, in the United Nations Plaza in Man- (1) With reference to clause 2(1) (3) (A) of rule XI of the Rules hattan and in the Crystal City complex across the Potomac in Arling- of the House of Representatives, no separate hearings were held on ton. City planners have acclaimed these buildings for their potential title I of this legislation by the Subcommittee on Investigations and in revitalizing core areas. Review. However, the Subcommittee on Investigations and Review There are commercial operations such as gift shops, book stores, held separate hearings on the subject matter contained in title II of dry cleaners, florists, barbers, home furnishing stores, and SO on, in this legislation. The Subcommittee on Public Buildings and Grounds many public buildings. These were established for minority entrepre- held hearings on H.R. 15134 which resulted in the reported bill. neurs through the Small Business Administration's 8(a) programs (2) With respect to clause 2(1) (3) (B) of rule XI of the Rules and for handicapped persons as set forth in the Randolph-Shepard of the House of Representatives the bill, as reported, does not provide Act. These businesses primarily serve occupants of the building and new budget authority or increased tax expenditures. Accordingly, a when these workers go home at night it reinforces the image of a down- statement pursuant to section 308 (a) of the Congressional Budget town which is lacking in vitality. The legislation would expand the Act is not required. commercial activity in Federal buildings, but GSA stated in hearings (3) With reference to clause 2(1) (3) (D) of rule XI of the Rules on this bill that preference would be given to enterprises operated by of the House of Representatives, the committee has not received a the handicapped. report from the Committe on Government Operations pertaining to There are many benefits to be gained from the multiple-use of Fed- this subject matter. eral buildings-especially older, or seemingly obsolete, structures. For (4) With reference to clause 2(1) (4) of rule XI of the Rules of years we have assumed that we had limitless supplies of land, energy the House of Representatives, the Committee makes the following and money. Recent events have made it clear that this is no longer a statement in regard to the inflationary impact of the reported bill: valid assumption. The renovation and use of older buildings for the The enactment of this legislation will have no inflationary impact purposes stated in this legislation demonstrates the Government's of the prices and costs in the operation of the national economy. commitment for better utilization of our nation's resources. Since renovation also tends to be more labor oriented-per construc- tion dollar-than new construction it could mean more jobs. A $1 mil- 6 7 VOTE rate for comparable space devoted to a similar purpose in the vicinity. Though these leases must be negotiated, the Administrator is required The Committee ordered the bill reported by voice vote. to set up procedures for negotiation which will promote competition and protect the public interest. The second new paragraph ((17)), SECTION-BY-SECTION ANALYSIS authorizes the Administrator to make available, on occasion, or to lease, auditoriums, meeting rooms, courtyards, rooftops, and lobbies of public TITLE I buildings to persons, firms, or organizations engaged in cultural, edu- Section 101-Short Title cational, or recreational activities. Such activities may not disrupt the normal operation within the public building. The Administrator is au- This act is cited as the "Public Buildings Cooperative Use Act of thorized to set for these leases rates and other conditions which he 1976". deems to be in the public interest. The third paragraph ((18)) au- Section 102-Objectives of the Act thorizes the Administrator to deposit sums received from leases and (a) This subsection establishes four additional policies for the Ad- rentals authorized in the preceding two paragraphs into the Public ministrator in the acquisition and management of space for use by Building Fund, to be credited to the appropriation made for the fund Federal agencies. and applicable to the operation of such building. The fourth paragraph (1) The Administrator shall acquire and utilize suitable buildings ((19)), authorizes the Administrator to furnish utilities, maintenance, of historical, architectural, or cultural significance wherever in com- repair, and other services, during or outside regular working hours, to parison with alternatives available to him use of such space would not persons, firms or organizations leasing space authorized under the first prove infeasible or imprudent. two new paragraphs. (2) The Administrator shall encourage the location of commercial, Section 103-Amendments to the Public Buildings Act of 1959 cultural, educational, and recreational facilities and activities within public buildings. (1) This subsection amends section 7(a) (3) of the Public Buildings (3) The Administrator shall provide and maintain, wherever prac- Act of 1959 by adding new language which directs the Administrator ticable space and facilities for activities which encourage public pedes- of the General Services Administration to include in prospectuses for Federal space a description of existing buildings that enhance the trian traffic around and through public buildings SO that such activities architectural, historical, social, cultural and economic environment of complement and supplement the existing commercial, cultural, educa- the locality. tional, and recreational resources in the neighborhood of such buildings. (2) A new subsection 5 requires the Administrator to include a (4) Finally, the Administrator shall encourage the use of certain statement of the economic and other justifications for not acquiring areas of public buildings for cultural, educational, and recreational or purchasing a building or buildings identified to the Administrator activities. pursuant to section 12(c) of this act as suitable for the public building needs of the Federal Government. (b) This subsection establishes a procedure for the Administrator to follow in the implementation of policies enumerated in subsection (3) New section 12 (c) directs that whenever the Administrator (a). The Administrator is directed to consult with governors, area- undertakes a survey of the public building needs of the Federal Gov- wide agencies concerned with economic development and regional ernment within a geographical area, he shall request that, within 60 planning, and established pursuant to 42 U.S.C. 3331, and 42 U.S.C. days, the Advisory Council on Historic Preservation established by 4231, and the chief executive officers of local governments served by title II of the Act of October 15, 1966 (16 U.S.C. 470i), identify any existing or planned public buildings, and to solicit comments from existing buildings within such geographical area that (1) are of his- other interested parties. toric, architectural, or cultural significance (as defined in section 105 of the Public Buildings Cooperative Use Act of 1976) and (2) would Section 104-Amendments to the Federal Property and Administra- be suitable, whether or not in need of repair, alteration, or addition, for tive Services Act of 1949 acquisition or purchase to meet the public buildings needs for the (a) This subsection adds four new paragraphs to section 210(a) of Federal Government. the Federal Property and Administrative Services Act of 1949, which (b) This subsection amends Section 210(e) of the Federal Property section authorizes the administrator of General Services to undertake and Administrative Services Act of 1949 by adding new language specified activities relating to public buildings for which the Adminis- which directs the Administrator to give priority in the assignment trator has been given operational authority. The first new paragraph of any space on any major pedestrian access level not leased under the ((16)), authorizes the Administrator to lease space on major pedes- terms of the first two new paragraphs added to section 210(a) as trian levels, courtyards and rooftops of public buildings to persons, indicated above, to federal activities requiring regular contact with firms, or organizations which engage in commercial, cultural, educa- members of the public. Where this space is unavailable, the Adminis- tional, or recreational activities. The Administrator shall set a rental trator is directed to provide space with maximum ease of access to rate for such leases which is equivalent to the prevailing commercial building entrances. 8 9 Section 105-Definitions (7) Adds a new section 7 to require the Administrator of General (1) "Administrator" means the Administrator of General Services. Services in January of each year to report to Congress on his activities (2) "Public building" and "federal agency" are given the same and those of other departments and agencies under this act on stand- meanings as designated in the Public Buildings Act of 1959. ards, issued, revised, amended, or repealed and all case by case modifi- cations and waivers. (3) "Unit of general local government" is any city, county, town, parish, village, or other general purpose political subdivision of a Section 7 also requires the Architectural and Transportation Barrier Compliance Board to report to the Committee on Public Works and state. (4) The phrase "historical, architectural, or cultural significance", Transportation of the House and the Committee on Public Works of as applied to buildings, includes those listed or eligible to be listed the Senate in January of each year on its activities and actions to insure on the National Register of Historic Places. Although it is not in- compliance with standards. tended that the National Register list be exclusive, the Administrator, Section 202 in performing his duties under this legislation, would be expected to Provisions of this act shall apply to leases entered into after Janu- consider carefully the competence and standing of other sources of ary 1, 1977. recommendations or designations, and make his determinations Section 203 accordingly. (5) The term "commercial activities" includes, but it not limited Amends section 410 (b) of the 39, U.S.C. to include the provisions of to, the operations of restaurants, food stores, craft stores, dry goods the act of August 12, 1968, to apply to the Postal Service. stores, financial institutions, and display facilities. Section 204 (6) The term "cultural activities" includes, but is not limited to, This section provides that notwithstanding any other provision of film, dramatic, dance and musical presentations, and fine art exhibits, law, no person who is eligible for assistance under the Uniform Re- whether or not such activities are intended to make a profit. location Assistance and Real Property Acquisition Policies Act of (7) The term "educational activities" includes, but is not limited 1970 shall be denied such eligibility if he moved from facilities he was to, the operations of libraries, schools, day care centers, laboratories, occupying due to his anticipation of General Services Administration and lecture and demonstration facilities. Lease Project GS-03-B-5960 in Alexandria, Va. (8) The term "recreational activities" includes, but is not limited to the operations of gymnasiums and related facilities. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED Section 201 Amends the act of August 12, 1968 (42 U.S.C. 4151-4156) to include In compliance with clause 3 of Rule XIII of the Rules of the House within the provisions of the act structures leased by the government of Representatives, changes in existing law made by the bill, as re- for subsidized housing, and includes all buildings leases in whole or ported, are shown as follows (existing law proposed to be omitted in part by the Federal government after the date of enactment of is enclosed in black brackets, new matter is printed in italics, existing this act. law in which no change is proposed is shown in roman) : (2) Amends section 2 of the act to require the Administrator of PUBLIC BUILDINGS ACT OF 1959 the General Services Administration to prescribe standards for Fed- eral buildings (other than DOD and Postal Service building) to insure whenever possible that handicapped persons will have access SEC. 7. (a) In order to insure the equitable distribution of public to and use of such buildings. buildings throughout the United States with due regard for the (3) Amends section 3 to require the Secretary of the Housing and comparative urgency of need for such buildings, except as provided Urban Development to prescribe standards to insure whenever possi- in section 4, no appropriation shall be made to construct any public ble that residential structures subject to this act that handicapped building or to acquire any building to be used as a public building persons will have ready access to and use of such buildings. involving an expenditure in excess of $100,000, and no appropriation (4) Amends section 4 to require the Department of Defense to shall be made to alter any public building involving an expenditure prescribe standards for buildings, structures and facilities subject in excess of $200,000, if such construction, alteration, or acquisition has to this act to insure whenever possible that handicapped persons have not been approved by resolutions adopted by the Committee on Public access to and use of such buildings. Works of the Senate and House of Representatives, respectively, and (5) Adds a new subsection 4a to require the Postal Service to pre- such approval has not been rescinded as provided in subsection (c) of scribe standards for its buildings to insure whenever possible that this section. For the purpose of securing consideration of such approval handicapped persons have access to and use of such buildings. the Administrator shall transmit to Congress a prospectus of the (6) Amends section 6 to add the Postal Service agencies may modify proposed project, including (but not limited or waive on a case by case basis standards and amends subsection (2) (1) a brief description of the building to be constructed, altered, to require a system of continuing surveys and investigations to insure or acquired under this Act; compliance with such standards. 10 11 (2) the location of the project, and an estimate of the maximum rescission of approval under subsection [(c)] (d) or appropriations cost of the project; are made which result in there being less than thirty such projects. (3) a comprehensive plan for providing space for all Govern- ment officers and employees in the locality of the proposed project, having due regard for suitable space which may continue to be available in existing Government-owned buildings and in rented buildings, especially such of those buildings as enhance the archi- SECTION 210 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES tectural, historical, social, cultural, and economic environment of ACT OF 1949 the locality; (4) a statement by the Administrator that suitable space owned OPERATION OF BUILDINGS AND RELATED ACTIVITIES by the Government is not available and that suitable rental space is not available at a price commensurate with that to be afforded SEC. 210. (a) Whenever and to the extent that the Administrator through the proposed action; [and] has been or hereafter may be authorized by any provision of law other (5) a statement by the Administrator of the economic and other than this subsection to maintain, operate, and protect any building, justifications for not acquiring or purchasing a building or build- property, or grounds situated in or outside the District of Columbia, ings identified to the Administrator pursuant to section 12 of including the construction, repair, preservation, demolition, furnish- this Act as suitable for the public building needs of the Federal ing, and equipment thereof, he is authorized in the discharge of the Government; and duties SO conferred upon him- [(5)] (6) a statement of rents and other housing costs currently (1) being paid by the Government for Federal agencies to be housed in the building to be constructed, altered, or acquired. (14) to enter into contracts for periods not exceeding three years for the inspection, maintenance, and repair of fixed equipment in such buildings which are federally owned [and] SEC. 12. (a) (15) to render direct assistance to and perform special services for the Inaugural Committee (as defined in the Act of August 6, 1956, 70 Stat. 1049) during an inaugural period in connection with Presidential inaugural operations and functions, including (c) Whenever the Administrator undertakes a survey of the public buildings needs of the Federal Government within a geographical employment of personal services without regard to the civil service and classification laws; provide Government-owned and leased area, he shall request that, within sixty days, the Advisory Counçil space for personnel and parking; pay overtime to guard and on Historic Preservation established by title II of the Act of Octo- ber 15, 1966 (16 U.S.C. 470i), identify any existing buildings within custodial forces; erect and remove stands and platforms; provide such geographical area that (1) are of historic, architectural, or cul- and operate first-aid stations; provide furniture and equipment; tural significance (as defined in section 105 of the Public Buildings and provide other incidental services in the discretion of the Administrator ; Cooperative Act of 1976) and (2) would be suitable, whether or not in (16) to enter into leases of space on major pedestrian access need of repair, alteration, or addition, for acquisition or purchase to meet the public buildings needs of the Federal Government. levels and courtyards and rooftops of any public building with [c)] (d) In the case of any project approved for construction, altera- persons, firms, or organizations engaged in commercial, cultural, tion, or acquisition by the Committees on Public Works of the Senate educational, or recreational activities (as defined in section 105 of and of the House of Representatives, respectively, in accordance with the Public Buildings Cooperative Use Act of 1976). The Adminis- subsection (a) of this section, for which an appropriation has not been trator shall establish a rental rate for such leased space equivalent made within one year after the date of such approval, either the Com- to the prevailing commercial rate for comparable space devoted mittee on Public Works of the Senate or the Committee on Public to a similar purpose in the vicinity of the public building. Such Works of the House of Representatives, may rescind, by resolution, leases may be negotiated without competitive bids, but shall con- its approval of such project at any time thereafter before such an tain such terms and conditions and be negotiated pursuant to such appropriation has been made. procedures as the Administrator deems necessary to promote com- [(d)] (e) The Committees on Public Works of the Senate and of petition and to protect the public interest; the House of Representatives, respectively, shall not approve any (17) to make available, on occasion, or to lease at such rates and on such other terms and conditions as the Administrator project for construction, alteration, or acquisition under subsection (a) of this section whenever there are thirty or more projects the deems to be in the public interest, auditoriums, meeting rooms, estimated maximum cost of each of which is in excess of $100,000 which courtyards, rooftops, and lobbies of public buildings to persons, have been approved for more than one year under subsection (a) but firms, or organizations engaged in cultural, educational, or recrea- for which appropriations have not been made, until there has been a tional activities (as defined in section 105 of the Public Buildings 12 13 Cooperative Use Act of 1976) that will not disrupt the opera- (3) to be financed in whole or in part by a grant or a loan made tion of the building; by the United States after the date of enactment of this Act if such (18) to deposit into the fund established by subsection (f) of building or facility is subject to standards for designs, construc- this section all sums received under leases or rentals executed pur- tion, or alteration issued under authority of the law authorizing suant to paragraphs (16) and (17) of this subsection, and each such grant or loan or sum shall be credited to the appropriation made for such fund (4) to be constructed under authority of the National Capital applicable to the operation of such building; and Transportation Act of 1960, the National Capital Transportation (19) to furnish utilities, maintenance, repair, and other services Act of 1965, or title III of the Washington Metropolitan Area to persons, firms, or organizations leasing space pursuant to para- Transit Regulation Compact. graphs (16) and (17) of this subsection. Such services may be SEC. 2. The Administrator of General Services, in consultation with provided during and outside of regular working hours of Fed- the Secretary of Health, Education, and Welfare, [is authorized to eral agencies. prescribe such shall prescribe standards for the design, construction, and alteration of buildings (other than residential structures subject (e) Notwithstanding any other provision of law, the Administrator to this Act and buildings, structures, and facilities of the Department is authorized, in accordance with policies and directives prescribed of Defense and of the United States Postal Service subject to this Act) by the President under section 205 (a) and after consultation with the [as may be inecessary] to insure whenever possible that physically heads of the executive agencies affected, to assign and reassign space handicapped persons will have ready access to, and use of, such of all executive agencies in Government-owned and leased buildings buildings. in and outside the District of Columbia upon a determination by SEC. 3. The Secretary of Housing and Urban Development, in con- the Administrator that such assignment or reassignment is advanta- sultation with the Secretary of Health, Education, and Welfare, [is geous to the Government in terms of economy, efficiency, or national authorized to prescribe such] shall prescribe standards for the design, security. The Administrator shall, where practicable, give priority in construction, and alteration of buildings which are residential struc- the assignment of space on any major pedestrian access level not leased tures subject to this Act [as may be necessary] to insure whenever under the terms of subsection (a) (16) or (a) (17) of this section in possible that physically handicapped persons will have ready access to, such buildings to Federal activities requiring regular contact with and use of, such buildings. members of the public. To the extent such space is unavailable, the SEC. 4. The Secretary of Defense, in consultation with the Secretary Administrator shall provide space with maximum ease of access to of Health, Education, and Welfare, [is authorized to prescribe such] building entrances. shall prescribe standards for the design, construction, and alteration of buildings, structures, and facilities of the Department of Defense sub- ject to this Act [as may be necessary to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings. ACT OF AUGUST 12, 1968 SEC. 4a. The United States Postal Service, in consultation with the Secretary of Health, Education, and Welfare, shall prescribe such AN ACT To insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped standards for the design, construction, and alteration of its buildings to insure whenever possible that physically handicapped persons will Be it enacted by the Senate and House of Representatives of the have ready access to, and use of, such buildings. United States of America in Congress assembled, That, as used in this SEC. 5. Every building designed, constructed, or altered after the Act, the term "building" means any building or facility (other than effective date of a standard issued under this Act which is applicable (A) a privately owned residential structure not leased by the Govern- to such building, shall be designed, constructed, or altered in accord- ment for subsidized housing programs and (B) any building or facility ance with such standard. on a military installation designed and constructed primarily for use SEC. 6. The Administrator of General Services, with respect to stand- by able bodied military personnel) the intended use for which either ards issued under section 2 of this Act, and the Secretary of Housing will require that such building or facility be accessible to the public, and Urban Development, with respect to standards issued under sec- or may result in the employment or residence therein of physically tion 3 of this Act, and the Secretary of Defense with respect to stand- handicapped persons, which building or facility is- ards issued under section 4 of this Act, [is authorized and the United (1) to be constructed or altered by or on behalf of the United States Postal Service with respect to standards issued under section 4a States; of this Act- (2) to be leased in whole or in part by the United States after (1) is authorized to modify or waive any such standard, on a the date of enactment of this Act [after construction or alteration case-by-case basis, upon application made by the head of the in accordance with plans and specifications of the United States] department, agency, or instrumentality of the United States con- cerned, and upon a determination by the Administrator or Secre- 14 tary, as the case may be, that such modification or waiver is clearly necessary, and (2) [to conduct such surveys and investigations as he deems necessary to insure compliance with such standards] shall estab- lish a system of continuing surveys and investigations to insure compliance with such standards. SEC. 7. (a) The Administrator of General Services shall report to Congress during the first week of January of each year on his activities and those of other departments, agencies, and instrumentalities of the Federal Government under this Act during the preceding fiscal year including, but not limited to, standards issued, revised, amended, or repealed under this Act and all case-by-case modifications, and waivers of such standards during such year. (b) The Architectural and Transportation Barriers Compliance Board established by section 502 of the Rehabilitation Act of 1973 (Public Law 93-112) shall report to the Public Works and Trans- portation Committee of the House of Representatives and the Public Works Committee of the Senate during the first week of January of each year on its activities and actions to insure compliance with the standards prescribed under this act. TITLE 39, UNITED STATES CODE * * Chapter 4.-GENERAL AUTHORITY * * * * * * § 410. Application of other laws. (a) Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, em- ployees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service. (b) The following provisions shall apply to the Postal Service: (1) * * * (6) sections 2000d-1-20004-4 of title 42 (title VI, the Civil Rights Act of 1964) ; and (7) section 19 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668). (8) The provisoins of the Act of August 12, 1968 (42 U.S.C. 4151-4156). * 94TH CONGRESS HOUSE OF REPRESENTATIVES REPT. 94- 2d Session 1584 Part 2 PUBLIC BUILDINGS COOPERATIVE USE ACT OF 1976 SEPTEMBER 16, 1976.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BROOKS, from the Committee on Government Operations, submitted the following REPORT [To accompany H.R. 15134 which on AUGUST 10, 1976, was referred jointly to the Committee on Public Works and Transportation and the Committee on Govern- ment Operations] The Committee on Government Operations, to whom was referred the bill (H.R. 15134) to amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: TITLE I SEC. 101. This title may be cited as the "Public Buildings Cooperative Use Act of 1976". SEC. 102. (a) In order to carry out his duties under this title and under any other authority with respect to constructing, operating, maintaining, altering, and otherwise managing or acquiring space necessary for the accommodation of Fed- eral agencies and to accomplish the purposes of this title, the Administrator shall- (1) acquire and utilize space in suitable buildings of historic, architec- tural, or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives; (2) encourage the location of commercial, cultural, educational, and rec- reational facilities and activities within public buildings; (3) provide and maintain space, facilities, and activities, to the extent practicable, which encourage public access to and stimulate public pedestrian traffic around, into, and through public buildings, permitting cooperative improvements to and uses of the area between the building and the street, SO that such activities complement and supplement commercial, cultural, educational, and recreational resources in the neighborhood of public build- ings; and 57-006 O 2 3 (4) encourage the public use of public buildings for cultural, educational, (b) The Federal Property and Administrative Services Act of 1949 is amended and recreational activities. by adding at the end of section 210 (e) the following: "The Administrator shall, (b) In carrying out his duties under subsection (a) of this section, the Admin- where practicable, give priority in the assignment of space on any major pedes- istrator shall consult with Governors, areawide agencies established pursuant to trian access level not leased under the terms of subsection (a) (16) or (a) (17) title II of the Demonstration Cities and Metropolitan Development Act of 1966 of this section in such buildings to Federal activities reqiring regular contact and title IV of the Intergovernmental Cooperation Act of 1968, and chief execu- with members of the public. To the extent such space is unavailable, the Admin- tive officers of those units of general local government in each area served by an istrator shall provide space with maximum ease of access to building entrances.". existing or proposed public building, and shall solicit the comments of such other SEC. 105. As used in this title and in the amendments made by this title— community leaders and members of the general public as he deems appropriate. (1) The term "Administrator" means the Administrator of General SEC. 103. The Public Buildings Act of 1959 is amended- Services. (1) by striking out at the end of section 7(a) (3) the word "buildings;" (2) The terms "public building" and "Federal agency" have the same and inserting in lieu thereof "buildings, especially such of those buildings as meaning as is given them in the Public Buildings Act of 1959. enhance the architectural, historical, social, cultural, and economic environ- (3) The term "unit of general local government" means any city, county, ment of the locality town, parish, village, or other general purpose political subdivision of a (2) by striking out "and" at the end of section 7(a) (4), by redesignating State. section 7(a) (5) as section 7(a) (6), and by inserting the following new sec- (4) The term "historical, architectural, or cultural significance" includes, tion 7(a) (5) : but is not limited to, buildings listed or eligible to be listed on the National (5) a statement by the Administrator of the economic and other justifi- Register established under section 101 of the Act of October 15, 1966 (16 cations for not acquiring or purchasing a building or buildings identified to U.S.C. 470a). the Administrator pursuant to section 12(c) of this Act as suitable for the (5) The term "commercial activities" includes, but is not limited to, the public building needs of the Federal Government and"; and operations of restaurants, food stores, craft stores, dry goods stores, financial (3) by redesignating section 12(c) and section 12(d) and all references institutions, and display facilities. thereto as section 12(d) and section 12(e), respectively, and by inserting (6) The term "cultural activities" includes, but is not limited to, film, after section 12(b) the following new section dramatic, dance, and musical presentations, and fine art exhibits, whether (c) Whenever the Administrator undertakes a survey of the public build- or not such activities are intended to make a profit. ings needs of the Federal Government within a geographical area, he shall request (7) The term "educational activities" includes, but is not limited to, the that, within sixty days, the Advisory Council on Historic Preservation established operations of libraries, schools, day care centers, laboratories, and lecture by title II of the Act of October 15, 1966 (16 U.S.C. 470i), identify any existing and demonstration facilities. buildings within such geographical area that (1) are of historic, architectural, or (8) The term "recreational activities" includes, but is not limited to, cultural significance (as defined in section 105 of the Public Buildings Coopera- the operations of gymnasiums and related facilities. tive Use Act of 1976) and (2) would be suitable, whether or not in need of repair, alteration, or addition, for acquisition or purchase to meet the public buildings TITLE II needs of the Federal Government.". SEC. 104. (a) Section 210(a) of the Federal Property and Administrative SEC. 201. The Act entitled "An Act to insure that certain buildings financed with Services Act of 1949 is amended by striking out "and" at the end of paragraph Federal funds are SO designed and constructed as to be accessible to the physi- (14), by striking out the period at the end of paragraph (15) and inserting in cally handicapped", approved August 12, 1968 (42 U.S.C. 4151-4156), is amended lieu thereof a semicolon, and by adding after such paragraph the following new as follows: paragraphs: (1) The first section is amended by inserting after "structure" the following: "(16) to enter into leases of space on major pedestrian access levels "not leased by the Government for subsidized housing programs"; and by and courtyards and rooftops of any public building wth persons, firms, or strking out in paragraph (2) the following "after construction or alteration organizations engaged in commercial, cultural, educational, or recreational in accordance with plans and specifications of the United States". activities (as defined in section 105 of the Public Buildings Cooperative Use (2) Section 2 is amended— Act of 1976). The Administrator shall establish a rental rate for such (A) by striking out "is authorized to prescribe such" and inserting in leased space equivalent to the prevailing commercial rate for comparable lieu thereof "shall prescribe"; space devoted to a similar purpose in the vicinity of the public building. (B) by striking out "as may be necessary to insure" and inserting in Such leases may be negotiated without competitive bids, but shall contain lieu thereof "to insure whenever possible"; and such terms and conditions and be negotiated pursuant to such procedures (C) by inserting immediately after "Department of Defense" the follow- as the Administrator deems necessary to promote competition and to pro- ing: "and of the United States Postal Service". tect the public interest; (3) Section 3 is amended— "(17) to make available, on occasion, or to lease at such rates and on (A) by striking out "is authorized to prescribe such" and inserting in such other terms and conditions as the Administrator deems to be in the thereof "shall prescribe"; and public interest, auditoriums, meeting rooms, courtyards, rooftops, and lob- (B) by striking out "as may be necessary to insure" and inserting in bies of public buildings to persons, firms, or organizations engaged in cul- lieu thereof "to insure whenever possible". tural, educational, or recreational activities (as defined in section 105 of (4) Section 4 is amended— the Public Buildings Cooperative Use Act of 1976) that will not disrupt (A) by striking out "is authorized to prescribe such" and inserting in the operation of the building; lieu thereof "shall prescribe"; and "(18) to deposit into the fund established by subsection (f) of this section (B) by striking out "as may be necessary to insure" and inserting in all sums received under leases or rentals executed pursuant to paragraphs lieu thereof 'to insure whenever possible". (16) and (17) of this subsection, and each sum shall be credited to the (5) Immediately after section 4 insert the following new section: appropriation made for such fund applicable to the operation of such "SEC. 4a. The United States Postal Service. in consultation with the Secre- building; and tary of Health, Education, and Welfare, shall prescribe such standards for the "(19) to furnish utilities, maintenance. repair, and other services to design, construction, and alteration of its buildings to insure whenever possible persons. firms, or organizations leasing space pursuant to paragraphs (16) that physically handicapped persons will have ready access to, and use of, and (17) of this subsection. Such services may be provided during and out- such buildings.". side of regular working hours of Federal agencies.". 4 5 (6) Section 6 is amended- (2) Assuring that in negotiating leases for cooperative use under the (A) by inserting immediately after "section 4 of this Act," the following authority of the bill the Administrator follow procedures necessary to "and the United States Postal Service with respect to standards issued under promote competition and protect the public interest. section 4a of this Act"; (B) by striking out "is authorized"; (3) Elimination of a provision that would amend the Federal Prop- (C) by inserting immediately after "(1)" the following: "is authorized"; erty Act to authorize the Administrator to pay sums in lieu of real and property taxes to State and local governments on space leased to cer- (D) by striking out all that follows "(2)" and inserting in lieu thereof tain non-Federal persons, firms, or organizations. The committee re- "shall establish a system of continuing surveys and investigations to insure compliance with such standards." gards expenditure of funds to make payments in lieu of taxes as an (7) By adding at the end thereof the following new section extremely important question, from both a policy and an adminis- "SEC. 7. (a) The Administrator of General Services shall report to Congress trative standpoint. during the first week of January of each year on his activities and those of other GSA advised the committee that it could not provide information departments, agencies, and instrumentalities of the Federal Government under this Act during the preceding fiscal year including, but not limited to, standards on what procedures or policies it might adopt to apply and imple- issued, revised, amended, or repealed under this Act and all case-by-case modi- ment such authority. The committee is not aware of data, experience, fications, and waivers of such standards during such year. or analyses relating to payments in lieu of taxes in the special circum- '(b) The Architectural and Transportation Barriers Compliance Board estab- stances which might prevail as a result of enactment of this bill. The lished by section 502 of the Rehabilitation Act of 1973 (Public Law 93-112) committee observes that the authority found in section 210(a) (9) of shall report to the Public Works and Transportation Committee of the House of Representatives and the Public Works Commitee of the Senate during the the Federal Property and Administrative Services Act of 1949, as first week of January of each year on its activities and actions to insure com- amended, relates only to real property declared surplus under the pliance with the standards prescribed under this Act.". Surplus Property Act of 1944, which was repealed as of June 30, 1949. SEC. 202. The amendment by paragraph (1) of section 201 of this Act shall not The committee report on the legislation which contained this provi- apply to any lease entered into before January 1, 1977. It shall apply to every lease entered into on or after January 1, 1977, including any renewal of a lease sion emphasized the limited and temporary character of the authority, entered into before such date which renewal is on or after such date. stating that it would not extend to any properties declared excess or SEC. 203. Section 410(b) of title 39, United States Code, is amended by adding surplus on or after July 1, 1949 (House Report No. 2747, 81st Con- at the end thereof the following: "(8) The provisions of the Act of August 12, 1968 (42 U.S.C. 4151-4156). gress, on H.R. 9129, Page 9 (July 26, 1950)) Changes made by the committee amendment to title II, relating to I. PURPOSE OF THE BILL elimination of architectural barriers for the physically handicapped, are to clarify the application of the legislation to the U.S. Postal Serv- Title I of H.R. 15134, as amended, gives a broader purpose to the ice and to provide that the Postal Service consult with the Secretary duties of the Administrator of General Services in acquiring space of Health, Education, and Welfare with respect to design and con- necessary for accommodating Federal agencies. First, it authorizes and struction standards. encourages the Administrator to acquire and utilize space in suitable III. HEARINGS buildings that have historical, architectural, or cultural significance. Second, it authorizes and encourages the Administrator to stim- The Committee did not hold hearings on H.R. 15134. The Subcom- ulate pedestrian traffic and community use of certain parts of public mittee on Public Buildings and Grounds of the House Committee on buildings by leasing or otherwise making available space for commer- Public Works and Transportation, to which the bill has also been cial, cultural, educational, and recreational activities. referred, held hearings on title I of the bill August 25, 1976, and on Title II amends existing law to assure more effective implementa- title II of the bill August 26, 1976. tion of the Congressional policy to eliminate architectural barriers to Testifying on title I were: physically handicapped persons in most federally occupied or spon- Representative Leonor K. Sullivan of Missouri sored buildings. Administrator of General Services Director, Buffalo and Erie County Historical Society II. EXPLANATION OF AMENDMENT Chairman, National Endowment for the Arts Chairman, Advisory Council onHistoric Preservation The committee amendment strikes everything after the enacting Associate Director for Professional Services, National Park clause and inserts language in the nature of a substitute. It does not Service change the basic purpose or thrust of the bill. The changes are for Executive Director, Pennsylvania Avenue Development Cor- clarification and technical improvement. The principal changes made poration by the committee are found in title I. They include: Deputy Director, District of Columbia Municipal Planning (1) Elimination of the language (section 102 (2) of the origi- Office nal bill) which would give preference to acquisition of space in any Testifying on title II were: existing building. This could lead to a serious conflict with the con- Representative Robert W. Edgar of Pennsylvania gressional policy to encourage purchasing-rather than leasing-of Associate Director, Federal Personnel and Compensation Federal buildings as the more economical procedure. Division, General Accounting Office 6 7 A representative of the National Easter Seal Society for in areas convenient to the persons they service and for selecting sites Crippled Children and Adults that improve social and economic conditions in the area. Deputy Assistant Secretary for Facilities, Engineering, and Impact planning entails coordination with State and local govern- Property Management, Department of H.E.W. ments to promote intergovernmental cooperation and to encourage Chief of Construction Standards and Design, Department of good planning, zoning, and land-use practices. Environmental impact Defense determinations are made to assure that major actions have a construc- General Manager, Property Management Division, Real Estate tive effect on the quality of the human environment. and Buildings Department, U.S. Postal Service PBS activities also include special programs to encompass good A representative of the American Institute of Architects fire safety methods, energy conservation and enhancement of the All witnesses at the above hearings indicated either approval of the environment. legislation or lack of general objection. Pertinent, too, is the disposal to local public bodies of Federal sur- In the Senate, a hearing was held May 19, 1975, on S. 865, which is plus real property for historic monument use. Such disposals were very similar to title I of H.R. 15134. Testimony was heard from originally authorized in 1944. In 1972, an amendment recommended by individuals representing the General Services Administration, the the Committee on Government Operations authorized GSA to permit National Endowment for the Arts, the National Trust for Historic the grantee to adopt and use the property compatibily with its historic Preservation, the Advisory Council on Historic Preservation, and monument purpose in order to produce needed revenue (P.L. 92-362). a panel of architects. Each witness urged that S. 865 be enacted. PBS has stated its goal as assuring that today's and tomorrow's build- ings benefit the employees, the public being served, and the affected IV. BACKGROUND AND NEED geographic areas. It is by no means a large or incongruous extension of PBS's existing The Public Buildings Service (PBS) is the largest activity within objectives and responsibilities, to add those that would be established the General Services Administration (GSA). It designs, builds, leases, and encouraged through title I or H.R. 15134. operates, protects, and maintains most of the Nation's Federal build- Title I of H.R. 15134, which has the main jurisdictional concern of ings. The two main, permanent statutes under which PBS operates the Committee on Government Operations, is needed to provide au- are: The Public Buildings Act of 1959, as amended (40 U.S.C. 601- thority and impulse for two important goals: The United States has 615), and the Federal Property and Administrative Services Act of developed its own rich cultural, architectural, and historic heritage. We 1949, as amended (40 U.S.C. 471 et seq.) The former deals chiefly are more aware of this than ever as we begin our third century as a with the acquisition of buildings and building sites and is assigned to Nation. We should help preserve and enhance this heritage by making the legislative jurisdiction of the Committee on Public Works and use of existing buildings of historic, architectural, and cultural signifi- Transportation. The Federal Property Act, in section 210, authorizes cance. Title I does this by encouraging retention of such buildings in the Administrator to take specific actions with respect to buildings two ways: By encouraging their acquisition to meet Federal needs for which he has operational authority. The Federal Property Act for space, and by encouraging the retention and rehabilitation of such is assigned to the legislative jurisdiction of the Committee on Govern- buildings when they are already in Federal hands. ment Operations. Among numerous special statutes under which PBS Title I also encourages the location, by lease or permit, of com- operates is the 1968 Act, providing for construction to accommodate mercial, cultural, educational, and recreational facilities and activities the physically handicapped (P.L. 90-480), which title II of H.R. within public buildings. The objective is to add to urban vitality and 15134 amends and which is assigned to the legislative jurisdiction of to encourage greater and more varied use both during and outside of the Committee on Public Works and Transportation. regular house. There are more than 10,000 federally owned or leased buildings, and The impact was put expressively by the New York Times, June 17, currently some 1,700 construction projects are in progress. GSA's 1975: inventory includes 250 million square feet of space. Obviously, PBS Instead of an after 5 o'clock surreal landscape of locked activities and properties have very large effects on the surrounding doors and empty, echoing spaces, Federal construction would environment. promote the health and vitality-and even the safety-of a The functions and activities of PBS include design, construction, city. Design dedicated to the social and economic improve- buildings management, space management, and impact planning. ment of the environment would be a fine substitute for instant Many of these functions include objectives relating to the environ- Federal wastelands. * ment. With respect to design, an important GSA criterion is to insure that buildings constructed are compatible with the character and The need and purposes of both aspects of title I were summarized by cultural heritage of a particular locale. the Council on Environmental quality writing to the Senate subcom- In buildings management, PBS's declared objective is to provide mittee on June 1, 1975: attractive, well-maintained, and safe sites where Federal employees The Federal Government has a responsbility to assure that will feel stimulated and proud to work. its actions contribute to humane and enriching public pur- As to space management, PBS is responsible for locating agencies 8 9 poses-particularly when to do SO also conserves energy, natural resources and costs. While we would not recommend With respect to title II, to strengthen the Act of August 12, 1968 that our cities become museums of the past, the past's fine (42 U.S.C. 4151-4156) with respect to accommodating federally architecture preserved and complemented by creative and owned, funded or leased buildings to the physically handicapped, the compatible new construction, where appropriate, can con- committee notes the strong endorsement of the measure by the General tribute to an environment which is diverse and rich in mem- Accounting Office in testimony before the subcommittee of the Public ory, activity, and design. Works and Transportation Committee August 26, 1976. GAO's wit- ness declared that title II was fully responsive to recommendations V. DISCUSSION in GAO's July 15, 1975, report entitled "Further Action needed to Make All Public Buildings Accessible to the Physically Handi- Title I has three principal components. The first is a general policy capped." GAO found that the 1968 Act "had only a minor effect on directive to the Administrator relating to his duties under any author- making public buildings barrier-free." ity with respect to acquiring and managing space for Federal agencies. The Committee notes some uncertainty with respect to the ultimate Section 102, which contains this directive, represents a separate law cost of correcting existing deficiencies. This is reflected in testimony and does not specifically amend any existing provision. The second on August 26 by the Department of HEW. However, from the stand- component, section 103, makes necessary amendments to the authority point of new construction, there are expressions of substantial opinion, and coverage of the Public Buildings Act of 1959, dealing chiefly with including that of the Department of HEW, that the cost of eliminat- the acquisition of buildings and space. The third component, found in ing barriers at the design state of new buildings is nominal-as a rule section 104, adds amendments to the Federal Property Act authorizing about one-half of one percent of construction cost. necessary leases and other arrangements with respect to multiple use The Committee on Government Operations concurs in the objectives of Federal buildings. of title II and defers, with respect to detail, to the other committee Section 102, as part of its acquisition and use policy, takes cognizance of referral, the Committee on Public Works and Transportation, the need to work with local officials and groups, as well as community which has jurisdiction over the 1968 Act. leaders and the general public. Appended to this report are: (1) a letter to Chairman Brooks dated Section 103, with the new authority to make leases and other arrange- August 30, 1976, containing the views of the General Services Ad- ments for multiple use of public buildings, clearly distinguishes be- ministration, and (2) the June 10, 1975, letter, referred to above, from tween two general types of use: the Council on Environmental Quality to the Chairman, Public Build- (1) Conventional leases of space at the major pedestrian access ings and Grounds Subcommittee, Senate Committee on Public Works. levels and courtyards and rooftops for commercial, cultural, edu- cational, or recreational activities. These would be at prevailing VII. MISCELLANEOUS commercial rates for comparable space. Leases would be negoti- ated, subject to appropriate competitive procedures. COMMITTEE VOTE (2) Leases, permits, or other arrangements for special purposes, generally of an occasional or intermittent nature, for cultural, At a meeting of the Full Committee on Government Operations on educational, or recreational activities. Auditoriums, lobbies, court- September 14, 1976, a quorum being present, H.R. 15134 was approved yards, and rooftops would be available, provided such activities with the committee amendment by a roll call vote of 35 ayes and 1 nay. do not disrupt building operations. Section 103 authorizes the Administrator to provide utility and nor- STATEMENT PURSUANT TO CLAUSE 7(a) OF RULE XIII mal logistical support services to the non-Federal lessees. This would not, of course, interfere with the application of other policy or author- The committee estimates that, with respect to the provisions of ity (such as that found in 31 U.S.C. 483a) that services furnished by H.R. 15134 with which the Committee has primary jurisdictional con- Federal agencies shall be self-sustaining to the extent possible. cern, any additional costs resulting from enactment of H.R. 15134 should be minimal. There is also a provision, added to the Federal Property Act, that major pedestrian access levels not leased for non-Federal use under STATEMENT PURSUANT TO CLAUSE 2(1) (3) OF RULE XI the new amendments, shall be assigned on a priority basis to Federal agencies whose activities require regular contact with the public. (a) No oversight findings or recommendations have been made with There is no intent that this bill should be applied to interfere with regard to this measure. operations under the Randolph-Sheppard Act (20 U.S.C. 107) for (b) This measure does not provide for additional budget authority. granting preference to licensed blind persons for operation of vending (c) The committee has not received from the Congressional Budget stands and machines in property owned, leased, or occupied by Fed- Office a cost analysis report pursuant to section 403 of the Congres- eral agencies. In fact, it is probable that increased public visitation of sional Budget and Impoundment Control Act of 1974. the Federal buildings under this bill will result in a larger volume of business for blind vendors located there. H. Rept. 94-1584 pt. 2-76-2 10 11 INFLATIONARY IMPACT (3) New section 12(c) directs that whenever the Administrator undertakes a survey of the public building needs of the Federal Gov- In compliance with clause (1) (4) of House Rule XI, it is the ernment within a geographical area, he shall request that, within sixty opinion of this committee that the provisions of this bill will have no days, the Advisory Council on Historic Preservation established by inflationary impact on prices and costs in the operation of the na- title II of the Act of October 15, 1966 (16 U.S.C. 470i), identify any tional economy. existing buildings within such geographical area that (1) are of his- SECTION-BY-ANALYSIS toric, architectural, or cultural significance (as defined in section 105 of the Public Buildings Cooperative Use Act of 1976) and (2) would TITLE I be suitable, whether or not in need of repair, alteration, or addition, Section 101-Short title for acquisition or purchase to meet the public buildings needs of the This Act is cited as the "Public Buildings Cooperative Use Act Federal Government. of 1976". Section 104-Amendments to the Federal Property and Administra- Section 102-Objectives of the act tive Services Act of 1949 (a) This subsection establishes four additional policies for the (a) This subsection adds four new paragraphs to section 210(a) Administrator in the acquisition and management of space for use of the Federal Property and Administrative Services Act of 1949, by Federal agencies: which section authorizes the Administrator of General Services to (1) The Administrator shall acquire and utilize suitable build- undertake specified activities relating to public buildings for which ings of historic, architectural, or cultural significance wherever the Administrator has been given operational authority. The first new in comparison with alternatives available to him use of such paragraph (16), authorizes the Administrator to lease space on major space would not prove infeasible or imprudent. pedestrian levels, courtyards and rooftops of public buildings to per- sons, firms, or organizations which engage in commercial, cultural, (2) The Administrator shall encourage the location of com- educational, or recreational activities. The Administrator shall set a mercial, cultural, educational, and recreational facilites and rental rate for such leases which is equivalent to the prevailing com- activities within public buildings. mercial rate for comparable space devoted to a similar purpose in the (3) The Administrator shall provide and maintain, wherever vicinity. Though these leases must be negotiated, the Administrator is practicable space and facilities for activities which encourage required to set up procedures for negotiation which will promote com- public pedestrian traffic around and through public buildings SO petition and protect the public interest. The second new paragraph that such activities complement and supplement the existing com- (17), authorizes the administrator to make available, on occasion, mercial, cultural, educational, and recreational resources in the or to lease, auditoriums, meeting rooms, courtyards, rooftops, and neighborhood of such buildings. lobbies of public buildings to persons, firms, or organizations engaged (4) Finally, the Administrator shall encourage the use of cer- in cultural, educational, or recreational activities. Such activities may tain areas of public buildings for cultural, educational, and recre- not disrupt the normal operation within the public building. The Ad- ational activities. ministrator is authorized to set for these leases rates and other condi- (b) This subsection establishes a procedure for the Administrator tions which he deems to be in the public interest. The third paragraph to follow in the implimentation of policies enumerated in subsection ((18)), authorizes the Administrator to deposit sums received from (a). The Administrator is directed to consult with governors, area- leases and rentals authorized in the preceding two paragraphs into the wide agencies concerned with economic development and regional Federal Buildings Fund, to be credited to the appropriation made for planning, and established pursuant to 42 U.S.C. 3331, and 42 U.S.C. the fund and applicable to the operation of such biulding. The fourth 4231, and the chief executive officers of local governments served by paragraph ((19)) authorizes the Administrator to furnish utilities, existing or planned public buildings, and to solicit comments from maintenance, repair, and other services, during or outside regular other interested parties. working hours, to persons, firms or organizations leasing space author- ized under the first two new paragraphs. Section 103-Amendments to the Public Buildings Act of 1959 (b) This subsection amends Section 210(e) of the Federal Prop- (1) This subsection amends section 7(r) (3) of the Public Buildings erty and Administrative Services Act of 1949 by adding new language Act of 1959 by adding new language which directs the Administra- which directs the Administrator to give priority in the assignment of tor of General Services to include in prospectuses for Federal space a any space on any major pedestrian access level not leased under the description of existing buildings that enhance the architectural, histor- terms of the first two new paragraphs added to section 210 (a) as indi- ical, social, cultural and economic environment of the locality. cated above, to Federal activities requiring regular contact with mem- (2) A new subsection 5 requires the Administrator to include a bers of the public. Where this space is unavailable. the Administrator statement of the economic and other justifications for not acquiring or is directed to provide space with maximum ease of access to building purchasing a building or buildings identified to the Administrator entrances. pursuant to section 12(c) of this Act as suitable for the public building needs of the Federal Government. 12 13 Section 105-Definitions require a system of continuing surveys and investigations to insure (1) "Administrator" means the Administrator of General Services. compliance with such standards. (2) "Public building" and "federal agency" are given the same (7) Adds a new section 7 to require the Administrator of General meanings as designated in the Public Buildings Act of 1959. Services in January of each year to report to Congress on his activi- (3) "Unit of general local government" is any city, county, town, ties and those of other Departments and agencies under this Act on parish, village, or other general purpose political subdivision of a standards issued, revised, amended, or repealed and all case by case modifications and waivers. state." (4) The phrase "historical, architectural, or cultural significance", Section 7 also requires the Architectural and Transportation Bar- as applied to buildings, includes those listed or eligible to be listed on riers Compliance Board to report to the Committee on Public Works the National Register of Historic Places. Although it is not intended and Transportation of the House and the Committee on Public Works that the National Register list be exclusive, the Administrator, in per- of the Senate in January of each year on its activities and actions to forming his duties under this legislation, would be expected to con- insure compliance with standards. sider carefully the competence and standing of other sources of Section 202 recommendations or designations, and make his determinations Provisions of this Act shall apply to leases entered into after Jan- accordingly. uary 1, 1977. (5) The term "commercial activities" includes, but is not limited to, Section 203 the operations of restaurants, food stores, craft stores, dry goods stores, financial institutions, and display facilities. Amends section 410(b) of title 39, United States Code, SO that the (6) The term "cultural activities" includes, but is not limited to, provisions of the Act of August 12, 1968, apply to the Postal Service. film, dramatic, dance and musical presentations, and fine art exhibits, whether or not such activities are intended to make a profit. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED (7) The term "educational activities" includes, but is not limited to, the operations of libraries, schools, day care centers, laboratories, and In compliance with clause 3 of rule XIII of the Rules of the House lecture and demonstration facilities. of Representatives, changes in existing law made by the bill, as (8) The term "recreational activities" includes, but is not limited to reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing the operations of gymnasiums and related facilities. law in which no change is proposed is shown in roman) TITLE II PUBLIC BUILDINGS ACT OF 1959 Section 201 (1) Amends the Act of August 12, 1968, (42 U.S.C. 4151-4156) to * * * * include within the provisions of the Act structures leased by the Gov- SEC. 7. (a) In order to insure the equitable distribution of public ernment for subsidized housing, and includes all buildings leased in buildings throughout the United States with due regard for the com- whole or in part by the Federal Government after the date of enact- parative urgency of need for such buildings, except as provided in ment of this Act. section 4, no appropriation shall be made to construct any public (2) Amends section 2 of the Act to require the Administrator of the building or to acquire any building to be used as a public building General Services Administration to prescribe standards for Federal involving an expenditure in excess of $100,000, and no appropriation buildings, (other than DOD and Postal Service buildings) to insure shall be made to alter any public building involving an expenditure whenever possible that handicapped persons will have access to and in excess of $200,000, if such construction, alteration, or acquisition use of such buildings. has not been approved by resolutions adopted by the Committee on (3) Amends section 3 to require the Secretary of the Housing and Public Works of the Senate and House of Representatives, respec- Urban Development to prescribe standards to insure whenever pos- tively, and such approval has not been rescinded as provided in subsec- sible that residential structures subject to this Act that handicapped tion (c) of this section. For the purpose of securing consideration of persons will have ready access to and use of such buildings. such approval the Administrator shall transmit to Congress a pro- (4) Amends section 4 to require the Department of Defense to pre- spectus of the proposed project, including (but not limited to)- scribe standards for buildings, structures, and facilities subject to this (1) a brief description of the building to be constructed, Act to insure whenever possible that handicapped persons have access altered, or acquired under this Act; to and use of such buildings. (2) the location of the project, and an estimate of the maximum (5) Adds a new subsection 4a to require the Postal Service to pre- cost of the project; scribe standards for its buildings to insure whenever possible that (3) a comprehensive plan for providing space for all Govern- handicapped persons have access to and use of such buildings. ment officers and employees in the locality of the proposed project, (6) Amends section 6 to add that the Postal Service may modify or having due regard for suitable space which may continue to be waive on a case by case basis standards and amends Subsection (2) to 14 15 available in existing Government-owned buildings and in rented FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 buildings, especially such of those buildings as enhance the archi- tectural, historical, social, cultural, and economic environment of the locality; TITLE II-PROPERTY MANAGEMENT (4) a statement by the Administrator that suitable space owned by the Government is not available and that suitable rental space * is not available at a price commensurate with that to be afforded through the proposed action; [and] OPERATION OF BUILDINGS AND RELATED ACTIVITIES (5) a statement by the Administrator of the economic and other justifications for not acquiring or purchasing a building or build- SEC. 210. (a) Whenever and to the extent that the Administrator ings identified to the Administrator pursuant to section 12(c) of has been or hereafter may be authorized by any provision of law other this Act as suitable for the public building needs of the Federal than this subsection to maintain, operate, and protect any building, Government; and property, or grounds situated in or outside the District of Columbia, [(5)] (6) a statement of rents and other housing costs cur- including the construction, repair, preservation, demolition, furnish- rently being paid by the Government for Federal agencies to ing, and equipment thereof, he is authorized in the discharge of the be housed in the building to be constructed, altered, or acquired. duties SO conferred upon him- (1) * * * * * SEC. 12. (a) The Administrator is authorized and directed to make a continuing investigation and survey of the public buildings needs (14) to enter into contracts for periods not exceeding three of the Federal Government in order that he may carry out his duties years for the inspection, maintenance, and repair of fixed equip- under this Act, and, as he determines necessary, to submit to Congress ment in such buildings which are federally owned; [and] prospectuses of proposed projects in accordance with section 7(a) of (15) to render direct assistance to and perform special services this Act. for the Inaugural Committee (as defined in the Act of August 6, (b) In carrying out his duties under this Act the Administrator 1956, 70 Stat. 1049) during an inaugural period in connection shall cooperate with all Federal agencies in order to keep informed of with Presidential inaugural operations and functions, including their needs, shall advise each such agency of his program with respect employment of personal services without regard to the civil serv- to such agency, and may request the cooperation and assistance of each ice and classification laws; provide Government-owned and leased Federal agency in carrying out his duties under this Act. Each Federal space for personnel and parking; pay overtime to guard and cus- agency shall cooperate with, advise, and assist the Administrator in todial forces: erect and remove stands and platforms; provide carrying out his duties under this Act as determined necessary by the and operate first-aid stations; provide furniture and equipment; Administrator to carry out the purposes of this Act. and provide other incidental services in the discretion of the (c) Whenever the Administrator undertakes a survey of the public Administrator buildings needs of the Federal Government within a geographical (16) to enter into leases of space on major pedestrian access area, he shall request that, within sixty days, the Advisory Council on levels and courtyards and rooftops of any public building with Historic Preservation established by title II of the Act of October 15, persons, firms, or organizations engaged in commercial, cultural. 1966 (16 U.S.C. 470i), identify any existing buildings within such educational, or recreational activities (as defined in section 105 of geographical area that (1) are of historic, architectural, or cultural the Public Buildings Cooperative Use Act of 1976). The Admin- significance (as defined in section 105 of the Public Buildings Coopera- istrator shall establish a rental rate for such leased space equiv- tive Use Act of 1976) and (2) would be suitable. whether or not in alent to the prevailing commercial rate for comparable space need of repair, alteration, or addition. for acquisition or purchase to devoted to a similar purpose in the vicinity of the public building. meet the public buildings needs of the Federal Government. Such leases may be negotiated without competitive bids, but shall contain such terms and conditions and be negotiated pursuant to * such procedures as the Administrator deems necessary to promote [(c)] (d) The Administrator in carrying out his duties under competition and to protect the public interest: this Act shall provide for the construction and acquisition of public (17) to make available. on occasion. or to lease at such rates buildings equitably throughout the United States with due regard and on such other terms and conditions as the Administrator to the comparative urgency of the need for each particular building. deems to be in the public interest, auditoriums. meeting rooms. [(d)] (e) Clause (1) of section 210(h) of the Federal Property courtyards. rooftops. and lobbies of mublic buildings to persons, and Administrative Services Act of 1949 (40 U.S.C. 490(h)) is firms. or oraanizations engaged in oultural. educational, or recrea- amended by striking out the words "ten years", and inserting in lieu tional activities (as defined in section 105 of the Public Buildings thereof the words "twenty years". 16 17 Cooperative Use Act of 1976) that will not disrupt the operation tion, or alteration issued under authority of the law authorizing of the building; such grant or loan; or (18) to deposit into the fund established by subsection (f) of (4) to be constructed under authority of the National Capital this section all sums received under leases or rentals executed Transportation Act of 1960, the National Capital Transportation pursuant to paragraphs (16) and (17) of this subsection, and each Act of 1965, or title III of the Washington Metropolitan Area sum shall be credited to the appropriation made for such fund Transit Regulation Compact. applicable to the operation of such building; and SEC. 2. The Administrator of General Services, in consultation with (19) to furnish utilities, maintenance, repair, and other services the Secretary of Health, Education, and Welfare, [is authorized to pre- to persons, firms, or organizations leasing space pursuant to para- scribe such shall prescribe standards for the design, construction, and graphs (16) and (17) of this subsection. Such services may be alteration of buildings (other than residential structures subject to provided during and outside of regular working hours of Federal this Act and buildings, structures, and facilities of the Department of agencies. Defense and of the United States Postal Service subject to this Act) (e) Notwithstanding any other provision of law, the Administrator [as may be necessary] to insure whenever possible that physically is authorized, in accordance with policies and directives prescribed by handicapped persons will have ready access to, and use of, such the President under section 205 (a) and after consultation with the buildings. heads of the executive agencies affected, to assign and reassign space SEC. 3. The Secretary of Housing and Urban Development, in con- of all executive agencies in Government-owned and leased buildings sultation with the Secretary of Health, Education, and Welfare, [is in and outside the District of Columbia upon a determination by the authorized to prescribe such] shall prescribe standards for the design, Administrator that such assignment or reassignment is advantageous construction, and alteration of buildings which are residential struc- to the Government in terms of economy, efficiency, or national security. tures subject to this Act [as may be necessary] to insure whenever The Administrator shall, where practicable, give priority in the as- possible that physically handicapped persons will have ready access signment of space on any major pedestrian access level not leased under to, and use of, such buildings. the terms of subsection (a) (16) or (a) (17) of this section in such SEC. 4. The Secretary of Defense, in consultation with the Secretary buildings to Federal activities requiring regular contact with members of Health, Education, and Welfare, [is authorized to prescribe such of the public. To the extent such space is unavailable, the Administra- shall prescribe standards for the design, construction, and alteration of tor shall provide space with maximum ease of access to building buildings, structures, and facilities of the Department of Defense sub- entrances. ject to this Act [as may be necessary] to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings. SEC. 4a. The United States Postal Service, in consultation with the ACT OF AUGUST 12, 1968 Secretary of Health, Education, and Welfare, shall prescribe such standards for the design, construction, and alteration of its buildings AN ACT To insure that certain buildings financed with Federal funds are SO to insure whenever possible that physically handicapped persons will designed and constructed as to be accessible to the physially handicapped have ready access to, and use of, such buildings. Be it enacted by the Senate and House of Representatives of the SEC. 5. Every building designed, constructed, or altered after the United States of America in Congress assembled, That, as used in this effective date of a standard issued under this Act which is applicable Act, the term "building" means any building or facility (other than to such building, shall be designed, constructed, or altered in accord- ance with such standard. (A) a privately owned residential structure not leased by the Govern- ment for subsidized housing programs and (B) any building or fa- SEC. 6. The Administrator of General Services, with respect to cility on a military installation designed and constructed primarily standards issued under section 2 of this Act, and the Secretary of for use by able bodied military personnel) the intended use for which Housing and Urban Development, with respect to standards issued either will require that such building or facility be accessible to the under section 3 of this Act, and the Secretary of Defense wth respect public, or may result in the employment or residence therein of physi- to standards issued under section 4 of this Act, and the United States cally handicapped persons, which building or facility is- Postal Service with respect to standards issued under section 4a of (1) to be constructed or altered by or on behalf of the United this Act, [is authorized]- (1) is authorized to modify or waive any such standard, or a States; (2) to be leased in whole or in part by the United States after the case-by-case basis, upon application made by the head of the de- date of enactment of this Act [after construction or alteration in partment, agency, or instrumentality of the United States con- accordance with plans and specifications of the United States] cerned, and upon a determination by the Administrator or Secre- (3) to be financed in whole or in part by a grant or a loan made tary, as the case may be, that such modification or waiver is clearly necessary, and by the United States after the date of enactment of this Act if such building or facility is subject to standards for design, construc- (2) [to conduct such surveys and investigations as he deems necessary to insure compliance with such standards] shall estab- 18 lish a system of continuing surveys and investigations to insure compliance with such standards. SEC. 7. (a) The Administrator of General Services shall report to Congress during the first week of January of each year on his activ- ities and those of other departments, agencies, and instrumentalities of the Federal Government under this Act during the preceding APPENDIX fiscal year including, but not limited to, standards issued, revised, amended, or repealed under this Act and all case-by-case modifications, GENERAL SERVICES ADMINISTRATION, and waivers of such stanards during such year. Washington, D.C., August 30, 1976. (b) The Architectural and Transportation Barriers Compliance Hon. JACK BROOKS, Board established by section 502 of the Rehabilitation Act of 1973 Chairman, Committee on Government Operations, House of Repre- (Public Law 93-112) shall report to the Public Works and Trans- sentatives, Washington, D.C. portation Committee of the House of Representatives and the Public DEAR MR. CHAIRMAN: Your letter of August 17, 1976, requested Works Committee of the Senate during the first week of January of the views of the General Services Administration (GSA) on H.R. each year on its activities and actions to insure compliance with the 15134, 94th Congress, a bill "To amend the Public Buildings Act of standards prescribed under this Act. 1959 in order to preserve buildings of historical or architectural sig- nificance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped." SECTION 410 OF TITLE 39, UNITED STATES CODE GSA supports the proposed legislation, which is consistent with § 410. Application of other laws. this agency's longstanding promotion of the concepts of historic preservation and the multiple use of Federal structures. (a) *** If enacted, the bill enables GSA to aid in preserving and maintain- ing the importance architectural heritage of our culture. It also pro- (b) The following provisions shall apply to the Postal Service: vides the impetus for a closer interplay of the activities of the public (1) * * * and private segments of the community. This legislation encourages the full utilization of our nation's resources, allowing for the maxi- * mum use and accessibility of Federal buildings. (7) section 19 of the Occupational Safety and Health Act of Enclosed are our more detailed comments contained in the Admin- 1970 (29 U.S.C. 668). istrator's statement of August 25, 1976, before the Subcommittee on (8) The provisions of the Act of August 12, 1968 (42 U.S.C. Buildings and Grounds of the House Committee on Public Works. 4151-4156). The Office of Management and Budget has advised that, from the standpoint of the Administration's program, there is no objection to the submission of this report to your Committee. Sincerely, JACK ECKERD, Administrator. STATEMENT BY JACK ECKERD Thank you, Mr. Chairman and members of the Subcommittee. It's a pleasure to discuss H.R. 15134 which we feel is a very significant bill. In the past, Federal buildings have been viewed-and rightly so- as cold, concrete edifices entered only by those who either worked there or who had business with the Government. Recent innovations in architectural style and design have helped to change this negative image somewhat and the concepts embodied in this bill would go much further toward making Federal buildings and their occupants more a part of the community. (19) 20 21 As the principal manager, builder, owner and lessor of Federal of our buildings. These were established for minority entrepreneurs buildings in the United States, the General Services Administration has a fundamental commitment toward bettering the total environ- through the Small Business Administration's 8(a) programs and for handicapped persons as set forth in the Randolph-Shepard Act. But ment of America's cities and towns. As you know, our Public Build- these have not contributed significantly to the mix of activities that ings Service is responsible for 10,000 Federally-owned or leased combine to give life and excitement to the neighborhood environment. buildings. It has 1,700 construction projects underway, a billion dollar On the contrary, these businesses primarily serve occupants of the annual budget, 22,000 employees and an inventory of 250 million building and when these workers go home at night it reinforces the square feet of building space across the country. Obviously, we have image of a downtown which is lacking in vitality. a large stake in and an enormous responsibility for the improvement There are many benefits to be gained from the multiple-use of Fed- of our environment. eral buildings-especially older, or seemingly obsolete, structures. Be- Our concern for the environment as it is affected by building is not yond the obvious advantages already mentioned there are other im- new. In April 1972, we sponsored an International Environmental portant factors. First is the issue of resource scarcity. For years we Conference on Building Construction and Use. Representatives from have assumed that we had limitless supplies of land, energy and money. the United States, Canada, Japan, Mexico and France produced ideas Recent events have made it clear that this is no longer a valid assump- and made valuable recommendations about the impact of construction tion. The renovation and use of older buildings for the purposes on our environment. I mention our International Conference because its purpose fully stated in this legislation demonstrates the Government's commitment for better utilization of our nation's resources. supported the concepts proposed in this legislation. First, this bill Since renovation also tends to be more labor oriented-per construc- would make possible cooperative, private/public use of space in Fed- tion dollar-than new construction it could mean more jobs. A $1 mil- eral buildings. The GSA conference report stated in 1972 that "the lion investment in repair and alteration work could produce up to three idea of multiple-use buildings is growing and in the consideration times as many new jobs as $1 million in new construction activity. This of the city as a 'home' rather than a 'marketplace', there is good reason comparison cannot be taken literally in all cases but it does illustrate to consider the use of the lower floors of Federal buildings for mer- that possibilities exist through this legislation for substantial and ef- cantile purposes." Second, this bill would encourage where practical the renovation of fective payoffs in worthwhile employment. There are also other benefits that would accrue from this bill. If older buildings SO they could be converted to useful Federal space. In enacted it would- this regard, our conference report recommended that "GSA should Provide additional conveniences for Government employees. use its influence to maintain and create variety in terms of architec- ture and use. This would include consideration of preservation of Augment further the aims and intent of the Intergovernmental Cooperation Act. historic buildings and areas for community-oriented, multi-purpose Establish a viable partnership between the Federal government public buildings." We at GSA strongly support the concepts introduced in this bill. As and various sectors of the community. Create job and business opportunities for the local community. mentioned, we have long promoted the concepts of historic preserva- And relieve some of the burden borne by local communities in tion and the multiple use of Federal structures and, therefore, feel preserving older structures. such a combination of activity would be well worth pursuing unless With regard to Title II which deals with the elimination of archi- such mixing would not be feasible. Cities have always had multiple-use planning. In many older tectural barriers to the handicapped, GSA already is doing much in neighborhoods apartments typically were built above stores that lined this area. Facilities for the handicapped are incorporated into designs the street level. And recent examples of vertical mixing-that is some of buildings constructed for long-term lease by the Government or combination of retail, parking, office, recreational and residential use when existing commercial buildings undergo extensive alterations to in a single structure-can be found in the Sears Tower and the John accommodate proposed Federal occupants. We do have some concern Hancock Center in Chicago, in the United Nations Plaza in Man- that it would not be economically feasible to require elimination of hattan and in the Crystal City complex across the Potomac in Arling- these architectural barriers when, for example, we lease only two to ton. City planners have acclaimed these buildings for their potential three hundred feet of space in a building for a short period of time such as three years. In these instances the Government is not the sole in revitalizing core areas. All too often, however, neither private nor public office buildings tenant-usually not even the major tenant-and the short term of the have been designed to contribute to the active movement of people or typical lease gives hardly enough time to amortize the cost of altera- to encourage the interplay of varied activities. When the employees go tions to provide absolutely barrier-free space at rentals which the Government could afford. home in the evening the surrounding streets are left empty and after- hours activity is discouraged. This is a serious problem in many down- In regard to the multi-use portion of this bill, it would be naive to town areas and this legislation provides an approach toward the think there would not be problems or adjustments to be made. Secu- solution. rity would have to be considered but the question is not multiple-use We have commercial operations such as gift shops, book stores, dry versus security-and we are confident that through quality design and cleaners, florists, barbers, home furnishing stores, and SO on, in many planning this problem can be resolved. We also would need to address 22 23 other issues such as budgetary adjustments, payment-in-lieu of real rehabilitation when already in Federal hands, and by encouraging property taxes, and changes in policy in such areas as maximum space their purchase or lease to meet Federal space needs. In addition, S. 865 utilization and fire safety. But, as I mentioned at the beginning of my encourages the location of commercial, cultural, educational, and recre- statement, we have faced the issue of multiple-use of space for several ational facilities and activities within or near public buildings in ways years and are well along in our planning for such a program. that add to urban vitality and encourage use both during and outside Multiple-use of Federal buildings and the attempt to preserve cul- of regular hours. turally significant buildings places the emphasis of the Federal Build- The Federal Government has a responsibility to assure that its action ing Program on serving the total public interest. In the past, the contribute to humane and enriching public purposes-particularly objective was simply to provide space for Federal agencies. Through when to do SO also conserves energy, natural resources and costs. While the architectural preservation provisions of this bill, GSA would be we would not recommend that our cities become museums of the past, able to help preserve the important architectural heritage of our cul- the past's fine architecture preserved and complemented by creative ture. This act would make it possible for the Government to become a and compatible new construction, where appropriate, can contribute partner with the community in an attempt to meet public needs and to an environment which is diverse and rich in memory, activity, and goals-the very reasons for any Government program. However, if design. such a program is to be completely successful, Government assump- There is a precedent for adaptive use of historic buildings by the tions about building purposes must change so that multiple-use is not Federal Government right here in Washington. Across the street from just allowed but actively promoted. the White House, Lafayette Square Park is edged on two sides with It has proven successful for the governments of Japan, Canada and red brick row houses in scale with the Park, the White House and the Sweden and it can be successful for our Federal government. For all 18th Century St. John's Church nearby. Some twenty years ago when of these reasons GSA supports the concept of this legislation and we more courtrooms and office space were found necessary, the houses were welcome the opportunity to meet its requirements and challenges. to be torn down and replaced with large and unwelcome buildings. Now, if you have any questions we would be glad to answer them or Fortunately, because of Presidential concern, there was a stay of exe- furnish the desired information for the record. cution and the houses were remodeled into handsome offices. As one of the tenants in those townhouses, I think it is the most civilized Federal space in town. Ample new buildings of related materials and EXECUTIVE OFFICE OF THE PRESIDENT, detail were added behind the old ones connected by planted court- COUNCIL ON ENVIRONMENTAL QUALITY, yards, and the space needs were satisfied by retaining the old and Washington, D.C., June 10, 1975. blending the new. Hon. ROBERT MORGAN, Also in Washington the Old Executive Office Building was saved Chairman, Subcommittee on Buildings and Grounds. U.S. Senate, from the bulldozer and stands today as graceful and useful space next Washington, D.C. door to the White House. Across the street, the Renwick Museum has DEAR SENATOR MORGAN It is my pleasure to submit for the record been restored and put to public use, and the Federal Home Loan Bank these comments on S. 865, the "Public Buildings Cooperative Use Act Board Building is under construction, carefully designed to include of 1975." As Chairman of the Council on Environmental Quality, I mixed uses which serve the surrounding area. In other cities, GSA am reminded daily of the enormous impact Federal actions can have has restored and put to good use older court houses and Federal build- on the man made environment. Federal investments and support in ings. In San Francisco, the Old Mint, abandoned and cobwebbed, was housing, transportation, sewers, defense facilities, energy develop- restored with care by the U.S. Treasury Department to become a mu- ment, parks, health centers and educational facilities exert an impor- seum of coins and of San Francisco's lively and grand past. tant influence on the form and function of the cities we live in. It is Too often in the past, however, there has been an attempt to cen- also clear that the location and design of Federal office buildings, tralize Federal office space in cities by putting all agencies, related or courthouses, veterans hospitals, and other structures in cities. an in- not, under one roof in a new building of little architectural distinction. vestment of 83 billion dollars, can have important effects on the sur- Visually the building has been set off from the others around it and is rounding environment. locked up and left at the end of the day. S. 865 gives us the tools and Each year about a billion dollars is spent to construct new Federal the mandate to change this picture. buildings across this country and about half that much is spent on There is an important and growing effort on the part of states, cities some 2.5 billion square feet of office space, it makes good sense to and private groups to save and use fine older architecture for office examine the impact of the investment. space. This month's Fortune magazine has an excellent article with In this regard, S. 865 appears to be a very useful piece of legisla- photos on how to recycle buildings for office space. But perhaps the tion. It recognizes and encourages the positive contributions that Fed- most relevant example comes from the State of Missouri. In St. Louis, eral buildings can make to their surrounding environment. It places the 9-story Wainwright Building, built in 1890-91 by Dankmar Adler special emphasis on making use of existing buildings of historic or and Louis H. Sullivan, and famed for its brick/terra cotta facade, was architectural significance, both by encouraging their retention and 24 25 saved from demolition when the State of Missouri decided to restore In closing, we suport S. 865 and urge that it be enacted into law. The the building as part of a state office building complex. Office of Management and Budget has advised us that it has no objec- Local governments have also begun to act. In Seattle, the City is tion to the submission of this report from the standpoint of the Ad- using some of the old turn of the century granite buildings in and ministration's program. around the restored Pioneer Square for city offices, thus contributing Sincerely, to the restoration, stability and liveliness of that area. The old City RUSSELL W. PETERSON, Hall in Boston has been modernized into beautiful and elegant pri- Chairman. vate offices. All over the country where old buildings have been re- newed, life around them has also been renewed and a pedestrian scale and diversity that gives the city a special character and excitement has been restored. My frank opinion is that if our older cities are saved, they will be saved more by this kind of thoughtful use of existing re- sources than by demolition and sweeping changes. S. 865 not only recognizes the opportunity the Federal Government has to contribute to architectural and historic preservation; anothe. section of the bill calls for enriching the spaces in and around the pub- lic buildings by a design that encourages pedestrians to move freely in, around and through the buildings, by providing courtyards, restau- rants, food stores, shops, banks, theaters, lecture halls, meeting rooms and recreation facilities, not only for those who work in the building but for the convenience and enrichment of the general public, who after all pay the bill for the construction and maintenance of these structures. I might add there is also no reason why these functions and older buildings cannot be adapted to be accessible to the handicapped, whether employees or visitors. Mixed use in office buildings is not a new idea, but it is an idea that requires the support of this legislation to encourage its widespread application in Federal buildings. In Canada and Sweden, the national governments have taken steps to include a variety of activities in their government buildings. In Nashville, Tennessee, the first five floors of a state office building now under construction will house separate music and drama theaters, a multipurpose rehearsal studio and a state mu- seum-all open to the public. Above will be ten stories of offices for state agencies. This multi-use building will not only be economical to construct and maintain but it will tend to keep people in the currently underutilized downtown area after working hours. I believe the Fed- eral Government can do much to engender the same sense of vitality by allowing a variety of uses in its own buildings. The legislation be- fore you today would be a great help in starting us toward that goal. With respect to the specific language of S. 865, we have two sug- gested changes which we believe the Committee should consider: First, Section 2 of the bill should be revised to apply to leased space as well as purchased or federally constructed space. This would in- crease considerably the opportunity for adaptive use of older struc- tures in cities. Second, we believe the bill should encourage the consideration of alternatives using more than one older building or a mix of old and new, especially where the buildings are in close proximity. It should not be necessary to limit the survey to only buildings that can accom- modate the entire Federal establishment in the city. Often creative use of groups of smaller buildings can accomplish the same purpose of consolidating agencies from scattered offices to a central location. S. 865 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. This title may be cited as the "Public Buildings Coopera- tive Use Act of 1976". SEC. 102. (a) In order to carry out his duties under this title and under any other authority with respect to constructing, operating, maintaining, altering, and otherwise managing or acquiring space necessary for the accommodation of Federal agencies and to accom- plish the purposes of this title, the Administrator shall- (1) acquire and utilize space in suitable buildings of historic, architectural, or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives; (2) encourage the location of commercial, cultural, educational, and recreational facilities and activities within public buildings; (3) provide and maintain space, facilities, and activities, to the extent practicable, which encourage public access to and stimulate public pedestrian traffic around, into, and through public buildings, permitting cooperative improvements to and uses of the area between the building and the street, SO that such activities complement and supplement commercial, cultural, edu- cational, and recreational resources in the neighborhood of public buildings; and (4) encourage the public use of public buildings for cultural, educational, and recreational activities. (b) In carrying out his duties under subsection (a) of this section, the Administrator shall consult with Governors, areawide agencies established pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 and title IV of the Inter- governmental Cooperation Act of 1968, and chief executive officers of those units of general local government in each area served by an existing or proposed public building, and shall solicit the comments of such other community leaders and members of the general public as he deems appropriate. SEC. 103. The Public Buildings Act of 1959 is amended- (1) by striking out at the end of section 7(a) (3) the word "buildings;" and inserting in lieu thereof "buildings, especially such of those buildings as enhance the architectural, historical, social, cultural, and economic environment of the locality;"; (2) by striking out "and" at the end of section 7(a) (4), by redesignating section 7(a) (5) as section 7(a) (6), and by insert- ing the following new section 7(a) (5) : S. 865-2 "(5) a statement by the Administrator of the economic and other justifications for not acquiring or purchasing a building or build- ings identified to the Administrator pursuant to section 12(c) of this Act as suitable for the public building needs of the Federal Government; and"; and (3) by redesignating section 12(c) and section 12(d) and all references thereto as section 12(d) and section 12(e), respec- tively, and by inserting after section 12(b) the following new section 12(c) : "(c) Whenever the Administrator undertakes a survey of the public buildings needs of the Federal Government within a geographical area, he shall request that, within sixty days, the Advisory Council on Historic Preservation established by title II of the Act of October 15, 1966 (16 U.S.C. 470i), identify any existing buildings within such geographical area that (1) are of historic, architectural, or cultural significance (as defined in section 105 of the Public Buildings Coop- erative Use Act of 1976) and (2) would be suitable, whether or not in need of repair, alteration, or addition, for acquisition or purchase to meet the public buildings needs of the Federal Government.". SEC. 104. (a) Section 210(a) of the Federal Property and Admin- istrative Services Act of 1949 is amended by striking out "and" at the end of paragraph (14), by striking out the period at the end of para- graph (15) and inserting in lieu thereof a semicolon, and by adding after such paragraph the following new paragraphs: "(16) to enter into leases of space on major pedestrian access levels and courtyards and rooftops of any public building with persons, firms, or organizations engaged in commercial, cultural, educational, or recreational activities (as defined in section 105 of the Public Buildings Cooperative Use Act of 1976). The Admin- istrator shall establish a rental rate for such leased space equiva- lent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the public building. Such leases may be negotiated without competitive bids, but shall contain such terms and conditions and be negotiated pursuant to such procedures as the Administrator deems necessary to promote competition and to protect the public interest; (17) to make available, on occasion, or to lease at such rates and on such other terms and conditions as the Administrator deems to be in the public interest, auditoriums, meeting rooms, courtyards, rooftops, and lobbies of public buildings to persons, firms, or organizations engaged in cultural, educational, or recrea- ational activities (as defined in section 105 of the Public Build- ings Cooperative Use Act of 1976) that will not disrupt the operation of the building; "(18) to deposit into the fund established by subsection (f) of this section all sums received under leases or rentals executed pur- suant to paragraphs (16) and (17) of this subsection, and each sum shall be credited to the appropriation made for such fund applicable to the operation of such building; and (19) to furnish utilities, maintenance, repair, and other serv- ices to persons, firms, or organizations leasing space pursuant to paragraphs (16) and (17) of this subsection. Such services may be provided during and outside of regular working hours of Federal agencies.". (b) The Federal Property and Administrative Services Act of 1949 is amended by adding at the end of section 210(e) the following: "The Administrator shall, where practicable, give priority in the assign- ment of space on any major pedestrian access level not leased under the S. 865-3 terms of subsection (a) (16) or (a) (17) of this section in such build- ings to Federal activities requiring regular contact with members of the public. To the extent such space is unavailable, the Administrator shall provide space with maximum ease of access to building entrances.". SEC. 105. As used in this title and in the amendments made by this title- (1) The term "Administrator" means the Administrator of General Services. (2) The terms "public building" and "Federal agency" have the same meaning as is given them in the Public Buildings Act of 1959. (3) The term "unit of general local government" means any city, county, town, parish, village, or other general purpose political sub- division of a State. (4) The term "historical, architectural, or cultural significance" includes, but is not limited to, buildings listed or eligible to be listed on the National Register established under section 101 of the Act of October 15, 1966 (16 U.S.C. 470a). (5) The term "commercial activities" includes, but is not limited to, the operations of restaurants, food stores, craft stores, dry goods stores, financial institutions, and display facilities. (6) The term "cultural activities" includes, but is not limited to, film, dramatic, dance, and musical presentations, and fine art exhibits, whether or not such activities are intended to make a profit. (7) The term "educational activities" includes, but is not limited to, the operations of libraries, schools, day care centers, laboratories, and lecture and demonstration facilities. (8) The term "recreational activities" includes, but is not limited to, the operations of gymnasiums and related facilities. TITLE II SEC. 201. The Act entitled "An Act to insure that certain buildings financed with Federal funds are SO designed and constructed as to be accessible to the physically handicapped", approved August 12, 1968 (42 U.S.C. 4151-4156), is amended as follows: (1) The first section is amended by inserting after "structure" the following: "not leased by the Government for subsidized housing pro- grams"; and by striking out in paragraph (2) the following: "after construction or alteration in accordance with plans and specifications of the United States". (2) Section 2 is amended— (A) by striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe"; (B) by striking out "as may be necessary to insure" and insert- ing in lieu thereof "to insure whenever possible"; and (C) by inserting immediately after "Department of Defense" the following: "and of the United States Postal Service". (3) Section 3 is amended- (A) by striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe"; and (B) by striking out "as may be necessary to insure" and insert- ing in lieu thereof "to insure whenever possible". (4) Section 4 is amended— (A) by striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe"; and (B) by striking out "as may be necessary to insure" and insert- ing in lieu thereof "to insure whenever possible". S. 865-4 (5) Immediately after section 4 insert the following new section: "SEC. 4a. The United States Postal Service, in consultation with the Secretary of Health, Education, and Welfare, shall prescribe such standards for the design, construction, and alteration of its buildings to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings.". (6) Section 6 is amended— (A) by inserting immediately after "section 4 of this Act," the following: "and the United States Postal Service with respect to standards issued under section 4a of this Act"; (B) by striking out "is authorized"; (C) by inserting immediately after "(1)" the following "is authorized"; and (D) by striking out all that follows "(2)" and inserting in lieu thereof "shall establish a system of continuing surveys and investi- gations to insure compliance with such standards.". (7) By adding at the end thereof the following new section : "SEC. 7. (a) The Administrator of General Services shall report to Congress during the first week of January of each year on his activi- ties and those of other departments, agencies, and instrumentalities of the Federal Government under this Act during the preceding fiscal year including, but not limited to, standards issued, revised, amended, or repealed under this Act and all case-by-case modifications, and waivers of such standards during such year. "(b) The Architectural and Transportation Barriers Compliance Board established by section 502 of the Rehabilitation Act of 1973 (Public Law 93-112) shall report to the Public Works and Transpor- tation Committee of the House of Representatives and the Public Works Committee of the Senate during the first week of January of each year on its activities and actions to insure compliance with the standards prescribed under this Act.". SEC. 202. The amendment made by paragraph (1) of section 201 of this Act shall not apply to any lease entered into before January 1, 1977. It shall apply to every lease entered into on or after January 1, 1977, including any renewal of a lease entered into before such date which renewal is on or after such date. SEC. 203. Section 410(b) of title 39, United States Code, is amended by adding at the end thereof the following: "(8) The provisions of the Act of August 12, 1968 (42 U.S.C. 4151-4156)." Speaker of the House of Representatives. Vice President of the United States and President of the Senate.