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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
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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
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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)
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*
*
*
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)
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*
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.