[Public Law on Buildings and Grounds]

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP63T00245R000100150005-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 145
• Document Creation Date: December 16, 2016
• Document Release Date: August 30, 2004
• Sequence Number: 5
• Publication Date: July 25, 1959
• Content Type: FORM

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TRANSMITTAL SLIP
DATE
25 July 59
TO:
File
ROOM NO.
BUILDING
REMARKS:
Enclosure I herewith consists of:
a/ Houston ltr to MacomberIGSA dtd 27/3/59
b/
c/
I
e/
FRI
ROON
nu.
BUILDING
EXTENSION
FORM NO .0A Al REPLACES FORM 36-B
I FEB 55 `1" WHICH MAY BE USED.
(47)
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-gr
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*A?M 7OP TtIL RtCQPD
uts:ExT: GSA Legislation
The Actiag Deputy Mr
ed 27 March 1959 letter
Z4 hiareh VS% sad he a
(Support)
th tb,* Di actor
proved pro:evil*
the basis set forth therein.
sed
s/ Lawrence R. listoo
LAWS,E14C V. OUST ON
Geseral Cemesel
MC: LK/Web
Cc; A-DDiS
Comptroller
DiL
CifiPS/01,
CiRrACD/OL
Legislative Comes'
Creaeral Counsel ch ono-no circ
.ubject-B&G 3 c. r. Leg.
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EXECrOTINE OFFICE OF ME PRESIDENT
=EAU OF ME Byron
witaluturcu 25, D, C. -
/7
rebruP-r7-1e, 1959
LEGISLATIVE REFERRAL, 1412CRAIDES4
To: Legislative Liaison Officer:
Department of Agriculture
Department of Commerce
Department of Defense
Department of Health, Education,
Department of the Interior
Department of JUstice
Department of Labor
Post Office Deportment
Mury Department
Atonic Energy Comtism:ion
1.-Ventral IntellionumAgAmb4r
Office of Civil &Defense Manisa.
&Welfare Pederal Aviation Money
Housing & Home Finance Agency
ticeal Aeronautics & Space/Ulan.-
National Capital Flemming Commis.
Smithsonian Institution
Tennessee Valley Authority
U.S. Information Agency
Veterans' Administration
SUBJECT: Draft bill, "Amending the Act approved 5/25/26, 44 Stat. 630,
to provide for the construction of certain public buildings,
& for other purposes, indicating new me.tter by underscoring &
repealed natter 'by deletion." (Submitted by GSA)
Special cizeueastences require that this be bandied as a priority
matter and. tbat your views be received within two weeks.
Questions should be referred to W. C. E. Benton, Bureau of the
Budget, Code 113, extension 2065.
Enclosures
Copy draft coterie"
gt5L,
Assistant ctor reek p--c)
Legislative Reference/1'
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GENERAL SERVICES ADMINISTRATION
Washington 25, D.C.
Honorable Richard M. Nixon
President of the Senate
Washington 25, D. C.
My dear Mr. President:
There is enclosed a draft of a proposed Bill "To further amend the Act
approved May 25, 1926, as amended, and for other purposes."
It is respectfully requested that appropriate steps be taken to secure
consideration by the Congress of the proposal, which is. a part of the
legislative program of the General Services Administration for 1959.
Essentially, the draft would amend the Act of May 25, 1926 (4) Stat.
630), as amended, so as to (1) clarify the basic authority of General
Services Administration to undertake and carry out a well-planned pro-
gram to provide permanent accommodations for the activities of the
Federal Government in and outside the District of Columbia through (a)
construction of new buildings designed to meet the needs of the agencies,
(b) the purchase of existing buildings to be remodeled where necessary
to meet such needs, and (c) the remodeling, extension, renovation and
repair of public buildings owned by the United States where necessary to
house suitably the activities of agencies to be housed therein; (2) incor-
porate a method of major public building project approval patterned
generally after the prospectus approval method provided for under the
lease-purchase law; and (3) authorize necessary appropriations.
The scope of the bill is limited to those types and classes of public
buildings in which are provided housing accommodations for Government
activities not conducted on military or special service reservations.
With the enactment of the Independent Offices Appropriation Act, 1959,
approved August 28, 1958 (72 Stat. 1063), the alternative method of pro.
viding Federal facilities on a so-called lease-purchase basis under the
Public Buildings Purchase Contract Act of 1954, as amended, was brought
to a halt. The buildings which will be provided under that program no
more than scratch the surface of the total need for new Federal accommo-
dations. The existing state of Federal office facilities throughout the
United States is deplorable. Prior to enactment of the Independent
Offices Appropriation Act, 1959, no funds had been provided for con-
struction of new Federal buildings since the preparedness period pre-
ceding World War II, except for a few specific buildings.
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Honorable Richard M. Nixon
Incident to carrying out the lease-purchase program, and in discharge
Of basic statutory authority vested in this agency by Section 7 of the
Act of May 25, 1926, as amended, and Section 210(c) of the Federal
Property and Administrative Services Act of 1949 (63 Stat. 377), as
amended, this agency is currently making surveys and studies of those
communities throughout the United States where the population exceeds
approximately 5,000, to determine the space needs of the Federal Govern-
ment and to ascertain what additional facilities are needed as a result
of growth and change in the governmental establishment and because of
obsolescence and deterioration of existing Federal facilities beyond
the point of economic usefulness. These studies have been completed
with respect to many localities and urgent need for substantial new
construction and renovation and improvement of existing buildings has
been determined.
Numerous individual bills which have and will be presented to the Con-
gress would authorize new Federal construction, in specific locations.
This agency has consistently opposed the enactment of such measures on
the grounds that construction and improvement of Federal buildings must
be carried out on a well-planned, over-all program basis, determined
through the survey procedure above-referred-to, and giving priority to
the most urgent needs, whereas the individual bills would treat with
the over-all problem only on a "hit or miss" basis with no regard for
relative urgency of need.
A further deterrent to the accomplishment of public buildings construc-
tion on a well-planned program basis is the fact that, over the years,
funds for the construction of public buildings of the classes which are
clearly within the scope of the Act of May 25, 1926 have been appro-
priated by the Congress directly to the particular agency which is to
use the public building rather than to GSA. It appears that no uniform
policy or practice has been followed by executive agencies in request-
ing funds for the construction of public buildings nor by the Congress
in providing such funds. For example, the Director of the Central
Intelligence Agency was authorized in 1955, by an Act of Congress, to
construct a new building; various appropriations were made to CIA to
accomplish this purpose without any express requirement that the funds
be transferred to:GSA for construction of the building. In a similar
situation, funds were appropriated to the Department of State for the
construction of an addition to its present facilities, with a stipu-
lation in the appropriations acts that the work should be done under
the supervision of GSA and that the funds were to be transferred to
GSA for this purpose. In other cases, funds for public building con-
struction have been appropriated directly to and expended by the
agency concerned, with no participation by GSA. Most notable among
such cases is the recent construction by the Atomic Energy Commission
of their headquarters office building in nearby Maryland. That
building was constructed by the Atomic Energy Commission with funds
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Honorable Richard M. Nixon
appropriated to it, although it was originally planned as a GSA lease-
purchase project. In many cases, Federal construction of public
buildings has, historically, been carried on by other agencies inde-
pendent of GSA. For example, the Veterans Administration for years
has obtained the funds for and carried out 4 program of construction
of its hospitals independent of GSA, although GSA has financed and pro-
vided the Veterans Administration with regional headquarters offices
and out-patient clinics.
These situations prevent centralization of control over and the develop-
ment and orderly implementation of an over-all building program. The
Commission on Organization of the Executive Branch of the Government
(The Hoover Commission) in its report to Congress in 'June 1955 on Real
Property Management recognized that present laws touch on the subject
of real property management, including public buildings acquisition and
construction, but that no fundamental concept in this area has been
developed; and that, although the Administrator of General Services
appears to have far-reaching responsibilities in this area, his author-
ity to accomplish those responsibilities was Unclear and diffused.
While the proposed amendment of the Act of May 25, 1926, will, in our
opinion, clarify and modernize the existing laws governing GSA's con-
struction responsibilities, it is believed that the inefficient and
uneconomical practices which have prevailed in. the past, as outlined
in the preceding paragraphs of this letter, can and should be resolved
by a policy statement in the proposed amendment in which Congress would
definitively assign to the Administrator of General Services the
Government's building construction responsibilities, provide for the
coordination of these responsibilities' with the program requirements
of the interested executive agencies, authorize the delegation of the
performance of such responsibilities and other authority under the
amendment to the appropriate executive agency or agencies under certain
conditions, and clearly define the term "public buildings" over which
the Administrator has basic responsibility and jurisdiction.
The At of May 25, 1926, as passed by the Congress and as amended from
time to time over the years, contains a /imitation of about $620,0000000
upon the amount authorized to be appropriated thereunder. Some doubt
exists as to whether certain sums authorized for appropriation and
appropriated over the years should or should not have been charged
against the authorization Also, the repeal of a provision relating
to income credits in the law as originally enacted renders almost
impossible a determination of the exact amount authorized for appro-
priation. While, for the reasons stated, the matter is not free from
doubt, it may well be that all sums authorized for appropriation under
the Act of May 25, 1926, as amended, already have been appropriated.
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Honorable Richard M. Nixon
Enactment of the amendatory legislation submitted herewith would author-
ize appropriation of such funds, without dollar limitation, as may be
necessary to carry out the purposes of the 1926 Act. Construction of
facilities upon the basis of a sound determination of the relative
urgency of need is not compatible with a rigid statutory requirement
as to apportionment of expenditures between the District of Columbia
and elsewhere throughout the United States. Therefore, the amendment
also proposes to authorize expenditures of funds hereafter appropriated
thereunder without regard to the present apportionment provisions of the
1926 Act.
The proposed amendment also would repeal the existing provisions of the
law requiring submission to the Congress of a biennial report of
approved public buildings projects. In lieu thereof, it is proposed to
substitute a procedure requiring submission to the Senate and House
Public Works Committees of prospectuses for individual projects involv-
ing expenditures in excess of $250,000 for their consideration for a
period of thirty days as a prerequisite to appropriation of funds there-
for. This procedure is patterned generally after the method of project
approval provided for under the lease-purchase program. It is to be
noted that the method of project approval here proposed also is pro-
vided for in the amendments to the 1926 Act proposed by S. 2261, as
passed by the Senate and as reported by the House Public Works Committee,
and is similar to the method proposed in H. R. 4660, both as introduced
in the 85th Congress. We believe the proposed method of project approval
to be preferable to the method heretofore provided for under the 1926
Act since it affords the appropriate Congressional Committees with a
more intimate knowledge of individual projects and a more immediate
acquaintance with our public buildings program as a whole. The proposed
amendment does not require prior consideration by the Committees of
relatively small projects individually involving $250,000 or less since
it is believed that such projects are not of sufficient magnitude to
warrant individual consideration by the Committees of Congress.
The amendment also would provide continuing and permanent authority for
carrying out a program for repair, alteration, preservation, renovation,
improvement, enlargement, and extension of Federally owned buildings of
the classes under the control of this agency and authorize necessary
appropriations therefor.
The proposed bill includes certain other technical amendments to the
1926 Act intended to improve its logical sequence, clarify the law,
delete obsolete material, and certain language changes necessitated by
the substantive changes discussed above, and to repeal certain obsolete
provisions of other laws. For the convenience of the Members of Con-
gress, the Committees, and their staffs we have prepared, in addition
to the draft bill, a draft showing the additions and deletions which
the proposed bill would make in the basic statute proposed to be
amended thereby.
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Honorable Richard M. Nixon
The appropriation Of funds over the past several years, to numerous
departments and establishments of the Government for construction of
public buildings of the classes generally under the control of this
agency, has rendered extremely difficult the task of this agency in
providing for the space needs of the Federal establishment as a whole
on a program basis with proper regard for relative urgency of need.
We believe that enactment of the proposed bill is necessary to enable
the effective discharge of the general responsibilities of the General
Services Administration for the construction of the classes of public
buildings here involved and to assure that the public buildings program
will be carried out on a regular and continuing basis to maintain the
building accommodations of the Federal establishment at their highest
level of economic usefulness. Accordingly, we urge that steps be taken
to assure prompt Congressional consideration.
When enacted,this legislation will not, in itself, involve the
expenditure of public funds; but will constitute a legislative mandate
expressing the substantive and procedural basis for accomplishment of
the public buildings program, as outlined therein. There will be no
expenditure of public funds under this legislation until appropriations
are made by Congress in the customary manner.
The Bureau of the Budget has advised that there is no objection to the
submission of this proposed legislation to the Congress.
Sincerely yours
Enclosures
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JAN 2 2 1;)?
AN ACT
An Act to further amend the Act approved May 25, 1926, as amended,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that the Act to pro-
vide for the construction of certain public buildings, and for other
purposes, approved May 25, 1926, 44 Stat. 630, as amended, is
hereby further amended to provide as follows:
"Sec. 1 (a). It is the intent of Congress that the Administrator of
General Services shall be responsible for constructing all public build-
ings required to suitably house and accommodate all executive agencies,
as defined in section 3(a) of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 378), as amended, (except as hereinafter
otherwise provided) and mixed-ownership corporations, as defined in
the Government Corporation Control Act. This responsibility includes
concurring in the need, obtaining the necessary funds, acquiring sites,
preparing plans, design, working drawings and specifications, and con-
struction of the buildings, as more specifically provided hereafter.
(b) In the discharge of the foregoing responsibilities, the Admin-
istrator shall have due regard for the program requirements of the
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executive agencies and shall participate, advise, and consult with af-
fected executive agencies to obtain their cooperation, advice and assist-
ance in carrying out such responsibilities. Affected executive agencies
shall participate, consult, cooperate, advise with and assist the Admin-
istrator in determining the need and justifying appropriations for public
buildings and in carrying out his responsibilities under this Act.
(c) The performance, in accordance with standards established by
the Administrator of General Services, of the responsibilities and
authorities of the Administrator of General Services and the General
Services Administration under this Act shall be delegated to the appro-
priate executive agency or agencies where (1) the estimated cost of the
project does not exceed $75, 000, or (2) the Administrator determines
that such agency or agencies are properly staffed and otherwise equipped
to discharge such responsibilities and authorities and that such delega-
tion is in the public interest.
(d) The terms "public buildings" or "buildings", as used in this
Act, shall include Federal office buildings, post offices, custom houses,
court houses, and appraisers stores, whether for single or multi-tenant
occupancy; border inspection and similar facilities; warehouses, record
centers, garages, stores depots, tank farms, and similar storage facil-
ities; penal and correctional facilities; quarantine stations; hospitals;
laboratories; research centers; schools; libraries; museums; shop
buildings; relocation facilities; air traffic control centers; and all
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similar Federal facilities, but shall not include buildings and construc-
tion projects on the public domain (including that reserved for national
parks, national forests and other purposes); on properties of the United
States in foreign countries; on Indian and native Eskimo properties held
in trust by the United States; and on Federal lands used for agricultural,
recreational and conservation purposes; and river, harbor, flood control,
reclamation and power projects; housing and residential projects; military
installations (any fort, camp, post, naval training station, airfield, prov-
ing ground, military supply depot, military school, or any similar facility
of the Department of Defense); and any further buildings or construction
projects the exclusion of which the President may deem, from time to
time hereafter, to be justified in the public interest.
"Sec. 2. To enable the Administrator of General Services to pro-
vide, where not otherwise authorized, suitable public buildings in the
District of Columbia and in the States, Territories and possessions of
the United States for the executive agencies;
(a)(1) The Administrator of General Services is authorized to
acquire, by purchase, condemnation, or otherwise, such sites and
additions to sites as he may deem necessary, and to cause to be con-
structed thereon, and upon lands belonging to the Government con-
veniently located and available for the purpose (but exclusive of
3.
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military or naval reservations), adequate and suitable buildings for
any of the foregoing purposes, giving preference, where he considers
conditions justify such action, to cases where sites for public build-
ings have heretofore been acquired or authorized to be acquired, and
to purchase buildings, if found to be adequate, adaptable, and suitable
for the purposes of this Act, together with the sites thereof, and to
remodel, enlarge, or extend such buildings and provide proper
approaches and other necessary improvements to the sites thereof.
In carrying into effect the provisions of this Act, in so far as relates
to buildings to be used in whole or in part for post-office purposes,
the Administrator of General Services, under regulations to be pre-
scribed by him, shall act jointly with the Postmaster General in the
selection of towns or cities in which buildings are to be constructed
and the selection of sites therein.
(2) The Administrator of General Services is authorized to carry
on the construction work herein authorized by contract, or otherwise,
as he deems most advantageous to the United States.
(3) In all cases where the construction of buildings in the District
of Columbia, under the provisions of this Act, requires the utilization,
in the opinion of the Administrator of General Services, of contiguous
squares as sites thereof, authority is hereby given for closing and
4.
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vacating such portions of streets as lie between such squares and
such alleys as intersect such squares, and the portions of such streets
and alleys so closed and vacated shall thereupon become parts of such
sites.
(b)(1) Except as authorized in Section 7 of this Act, no appro-
priation shall be made to carry out the responsibilities and purposes
set forth in sections 1(a) and 2(a) of this Act for any project involving
an expenditure in excess of $250, 000 (1) until the expiration of thirty
calendar days of continuous session of the Congress following the date
on which the Administrator of General Services has submitted to the
Committees on Public Works of the Senate and House of Representa-
tives a prospectus of the proposed project, or (2) where a resolution
has been adopted by either committee, during such period, stating in
substance that such committee does not approve of such a project. For
the purposes of this subsection continuity of session shall be considered
as broken only by an adjournment of the Congress sine die, but in the
computation of the thirty-day period there shall be excluded the days
on which either House is not in session because of an adjournment of
more than three days to a day certain.
(2) The prospectus of the proposed project shall include (but
not be limited to)--
5.
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(A) a brief description of the building located or to be
erected at a given location;
(B) an estimate of the maximum cost of the site and building;
(C) a comprehensive plan for providing space for all Govern-
ment employees in the locality of the proposed project, having
due regard for suitable space which may continue to be avail-
able in existing Government-owned buildings and in rented
buildings;
(D) a statement by the Administrator of General Services
that space owned by the Government is not suitable to meet
the need which the proposed construction is intended to
accommodate; and
(E) a statement of rents and other housing costs currently
being paid by the Government for agencies to be housed in the
building to be constructed, enlarged, remodeled, extended,
or purchased.
(3) The estimated maximum cost set forth in any prospectus for
any project may be exceeded by an amount equal to the percentage in-
crease, if any, as determined by the Administrator of General Services,
in construction costs dating from the date of transmittal of such
6.
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prospectus to such committees, but in no event shall such increase
exceed 10 per centum of the estimated maximum cost set forth in the
prospectus without approval of such committee.
(4) Each project approved prior to the date of enactment of this
Act by the Committees on Public Works of the Senate, and of the House
of Representatives, respectively, in accordance with subsection 411(e)
of the Public Buildings Act of 1949, as amended, shall be considered
as approved within the meaning of subsection (b) of this section: Pro-
vided, That the estimated maximum cost set forth in the approved
prospectus for any such project may be exceeded by an amount equal
to the percentage increase, if any, as determined by the Administrator
of General Services, in construction costs dating from the date of
transmittal of such prospectus to such committees or by such other
amount as may be authorized by the Congress in approving funds
the
(5) The Administrator of General Services shall submit to the
Congress promptly after the convening of each new Congress, a report
showing the location, space, cost, and status of each project approved
under this Act and uncompleted as of the date of any prior report under
this Act.
7.
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(c) The Administrator of General Services is authorized to formu-
late, undertake and carry out a program for the repair, alteration,
preservation, renovation, improvement, enlargement and extension
of Federally-owned buildings, of the classes under the control of the
Administrator of General Services, including grounds, appurtenances
and approaches, and to acquire by purchase, condemnation or other-
wise, additional land necessary to accommodate building extensions,
appurtenances or equipment.
"Sec. 3. (a) The Work of preparing designs and other drawings,
estimates, specifications, and awarding of contracts, as well as the
supervision of the work authorized under the provisions of this Act,
shall be performed under the direction of the Administrator of General
Services, except as otherwise provided in this Act.
(b) When deemed by him advantageous the Administrator of
General Services is authorized to procure by contract the floor plans
and designs of buildings developed sufficiently to serve as guides for
the preparation of working drawings and specifications, or to employ
advisory assistance involving design or engineering features.
"Sec. 4. The Administrator of General Services shall allocate
the amounts of his appropriation requests hereunder to the different
States where buildings are found by him to be necessary, in such
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a manner as to distribute the same fairly on the basis of area and
population: Provided, That unless specifically provided for in the
Act making appropriations for public buildings, which provision is
hereby authorized, no contract for the construction, enlarging,
remodeling, or extension of any building or for the purchase of land
authorized by this Act shall be entered into until monies in the
Treasury shall be made available for the payment of all obligations
arising out of such contract, and unless the said Act making appro-
priations for public buildings shall otherwise specifically provide,
which is hereby authorized, appropriations shall be made, and ex-
pended by the Administrator of General Services, in accordance
with the estimates set forth in the prospectuses provided for in
section 1(b) of this Act except as otherwise authorized in this Act.
"Sec. 5. (a) When a site is to be acquired under the provisions
of this Act, the Administrator of General Services may solicit by
public advertisement proposals for the sale, donation, or exchange
of such site to the United States. The Administrator of General
Services shall cause any sites offered, and such others as may be
found to be suitable or desirable for the purpose, to be examined in
person by an agent employed or detailed for the purpose, who shall
make written report to said Administrator of the results of said ex-
amination and of his recommendation thereon and the reasons
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therefor, which shall be accompanied by the original proposals and all
maps, plats, and statements which shall have come into his possession
relating to the said proposed sites. The Administrator of General
Services shall select the site determined by him, with the concurrence
of the Postmaster General where the building to be constructed thereon
is to be used in whole or in part for post-office purposes, to be most
advantageous to the Government, price and other factors including,
but not limited to, location, topography, and suitability considered, and
may acquire the site so selected without regard to the provisions of
Title III of the Federal Property and Administrative Services Act of
1949, as amended.
(b) In carrying into effect the provisions of this Act, if the Admin-
istrator of General Services deems it to be to the best interests of the
Government to construct Federal buildings to take the place of existing
Federal buildings, he is authorized to cause the present buildings to be
demolished, in order that the sites may be utilized in whole or in part
for such buildings, or where in his judgment it is more advantageous to
construct a Federal building on a different site in the same city, to sell
any such building or buildings and the site or sites thereof, under the
provisions of the Federal Property and Administrative Services Act of
1949, as amended.
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(c) When a site heretofore acquired for the construction of a public
building is found by the Administrator of General Services to be unsuitable
for its intended purpose, he is authorized to acquire under the provisions
of this Act a new site in lieu thereof, and except in the case of exchange,
to dispose, under the provisions of the Federal Property and Adminis-
trative Services Act of 1949, as amended, of the site theretofore acquired.
(d) Funds appropriated hereunder for sites for public buildings
projects in the District of Columbia shall be used by the Administrator
of General Services for the purpose of acquiring sites, additions to
sites, approaches thereto or for areas needed for beautifying and em-
bellishing surroundings of public buildings, including, with the ap-
proval of the National Capital Planning Commission, areas for parks
and open spaces necessary for the proper grouping of public buildings,
exclusively within (1) the area bounded by E Street, New York Avenue
and Pennsylvania Avenue, Northwest, on the north; Delaware Avenue,
Southwest, on the east; Virginia Avenue and Maryland Avenue projected
in a straight line to the Tidal Basin, Southwest, on the south; and the
Potomac River on the west (including properties within said area
belonging to the District of Columbia; but excluding those portions of
Squares 267, 268, and 298 not belonging to the District of Columbia, the
Square known as South of 463, all of Square 493, Lots 16, 17, 20 and 21,
and 808 in Square 536, and Lots 16 and 45 in Square 635); (2) the area
- 11 -
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bounded by Constitution Avenue on the north; the Anacostia River on
the east; Independence Avenue on the south; and 2nd Street, Southeast
and Northeast, on the west; and the contiguous area bounded by C Street,
Northeast, on the north; 21st Street, Northeast, on the east; Constitution
Avenue on the south; and North Carolina Avenue on the west; and (3) the
areas designated as Squares 11, 19, 20, 32, 33, 44, 59, 167 and 170, all
of said areas being within the District of Columbia. The purposes of
this Act shall be carried out in the District of Columbia as nearly in
harmony with the plan of Peter Charles L'Enfant as may be practicable
and buildings shall be so constructed as to combine high standards of
architectural beauty and practical utility.
"Sec. 6. That the Administrator of General Services is hereby
further authorized and empowered to cause such survey and investiga-
tions of public building conditions to be made, and such data obtained
as he deems necessary properly to carry into effect the provisions of
this Act.
"Sec. 7. There are hereby authorized to be appropriated such sums
as may be necessary to carry out the provisions of this Act: Provided,
That appropriations for planning, for the acquisition of sites, and for the
design of buildings are authorized prior to approval of projects as
required by section 2(b) of this Act, but any funds so appropriated for the
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
acquisition of sites or the design of buildings may not be obligated
with respect to any project not so approved.
"Sec. 8. This Act may be cited as the Public Buildings Act
Amendments of 1958."
Sec. 2(a) Section 409 of the Public Buildings Act of 1949, 63 Stat. 200;
40 U.S. C. 355, as amended, is hereby repealed.
(b) The provision in the Act approved December 22, 1927, C. 5, Sec. 1,
45 Stat. 32, providing: "Provided, That in all cases where contracts have
heretofore been entered into or may hereafter be entered into under the
provisions of section 2 of the Public Buildings Act approved May 25, 1926,
for outside professional services, wherein the period of performance
extends beyond the fiscal year in which such contract or contracts were
entered into, payments thereunder shall be made from the appropriation
'Outside professional services, public buildings , available at the time
payment is due for the particular services rendered." is hereby
repealed.
- 13 -
GSA WASH DC 59-8555
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pprove or eease
DRAFT BILL amending the Act approved May 25, 1926, 44 State 630, Explanation of additions and deletions
to provide for the construction of certain public buildings, and for
other purposes, indicating new matter by un,.th2rscoring and repealed
matter by deletion.
AN ACT
An Act to further amend the Act approved May 25, 1926, as amended,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that the Act to Added to show the purpose of the
amendment.
provide for the construction of certain public buildings, and for
other purposes, approved May 25, 1926, 44 Stat. 630, as amended,
is hereby further amended to provide as follows:
"Sec. 1(a). It is the intent of Congress that the Administrator
of General Services shall be responsible for constructing all public
buildings required to suitably house and accommodate all executive
agencies, as defined in section 3(a) of the Federal Property and
Administrative Services Act of 1949 (63 Stat. 378), as amended,
(except as hereinafter otherwise provided) and mixed-ownership
Added to express the policy of
Congress with respect to the enu-
merated responsibilities for the
construction of public buildings.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
corporations, as defined in the Government Corporation Control Act.
This responsibility includes concurring in the need, obtaining the
necessary funds, acquiring sites, preparing plans, design, working
drawings and specifications, and construction of the buildings, as
more specifically provided hereafter.
(b) In the discharge of the foregoing responsibilities, the Ad-
ministrator shall have due regard for the program requirements of
the executive agencies and shall participate, advise, and consult
with affected executive agencies to obtain their cooperation, advice
and assistance in carrying out such responsibilities. Affected execu-
tive agencies shall participate, consult, cooperate, advise with and
assist the Administrator in determining the need and justifying appro-
priations for public buildings and in carrying out his responsibilities
under this Act.
Added to provide coordination with
affected agencies.
(c) The performance, in accordance with standards established Added to permit delegations, where
expedient.
by the Administrator of General Services, of the responsibilities and
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2.
Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
(Page substituted on February 11, 1959)
authorities of the Administrator of General Services and the General Services
Administration under this Act shall be delegated to the appropriate executive
agency or agencies where (1) the estimated cost of the project does not exceed
$75, 000, or (2) the Administrator determines that such agency or agencies are
properly staffed and otherwise equipped to discharge such responsibilities and
authorities and that such delegation is in th public interest.
(d) The terms "public buildings" or "buildings", as used in this Act, shall Added to clearly define
the types of buildings
include Federal office buildings, post offices, custom houses, court houses, covered by the Act.
and appraisers stores, whether for single or multi-tenant occupancy;
border inspection and similar facilities; warehouses, record centers,
garages, stores depots, tank farms, and similar storage facilities; penal
and correctional facilities; quarantine stations; hospitals; laboratories;
research centers; schools; libraries; museums; shop buildings; relocation
facilities; air traffic control centers; and all similar Federal facilities, but
shall not include buildings and construction projects on the public domain
(including that reserved for national parks, national forests and other purposes);
on properties of the United States in foreign countries; on Indian and native
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Eskimo properties held in trust by the United States; and on Federal
lands used for agricultural, recreational and conservation purposes;
and river, harbor, flood control, reclamation and power projects;
housing and residential projects; military installations (any fort, camp,
post, naval training station, airfield, proving ground, military supply
depot, military school, or any similar facility of the Department of
Defense); any further buildings or construction projects the exclusion
of which the President may deem, from time to time hereafter, to be
justified in the public interest.
"Sec. 4r 2. T-ika-tr 4 To enable the Administrator of General
Services to provide, where not otherwise authorized, suitable
aeeem-rnociati-one public buildings in the District of Columbia for-
the -e-x-ecuti-N=e- -clepa-pti,neat-el - and-inclepenclent-estab-lial+m-ente -el- the
Gove-Dnnae -110t -11/141e.1*- -any- depa wtna-entr &n4 -feF-e-eavt-
heueesrpost- eff-ieeer -i-nam-i-g-r-atier4 -tai-o, -euetora-m- heuseer-m-ar-ine
lae p ital. r
Rearrangement to improve logical
sequence.
Addition to make it clear that this
amendment will not pre-empt or
supersede any authority vested
by other law.
4.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
e1&&&e s? -under- the -c-orrt r el -of-the- Ge-ne-rel-Ser?vi-c-e-e-Adrni-ai.-etration and
in the States, Territories, and possessions of the United States,- for
the executive agencies: he-i-s-herelay-a-t+thor-izeel-aed-direeted-
(a)(1) The Administrator of General Services is authorized to Replaces immediately preceding
deletion.
acquire, by purchase, condemnation, or otherwise, such sites and
additions to sites as he may deem necessary, and to cause to be
constructed thereon, and upon lands belonging to the Government
conveniently located and available for the purpose (but exclusive of
military or naval reservations), adequate and suitable buildings for
any of the foregoing purposes, giving preference, where he considers
conditions justify such action, to cases where sites for public build-
ings have heretofore been acquired or authorized to be acquired, -a-rid- Deleted due to rearrangement--
substance inserted as new Sec. 2
to -enlarger -remode-1,- -and -eictend-exi-eting Rimier -the- (c).
eeRtr-ol-ef the-Treasury-Departm-entr and to purchase buildings, if
found to be adequate, adaptable, and suitable for the purposes of this
Act, together with the sites thereof, and to remodel, enlarge, or ex-
tend such buildings and provide proper approaches and other necessary
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5.
Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
improvement to the sites thereof. When- a -buileling s to. be-
eenstritet-ed- en-a -eite -her-etef-epe -ec-ctui r e -and -snob- site- is- 4 eund-by
the Admini st-r-at e r -of- Creneml-Se-r.,eic-e-e-te tuteuitab-le-f-o-r- it-e- in?
tended tatirpo-s-e; he 4s- her eby-firrther -autho-r-iz ed-and -enipewei'ed-
te -eoquir e -neve -site -in-l-ieu-t-her-eofr -by -pu-r-e-heeel eendemnatienr
e xe hang e r -otherWi.fier -and -eNcept-in- e as e -ef- exe hang e -t-o- diepe
ef 414e -13?Pe ereitt- it-e- by-publi e - eal-e- amel-to- execute -the-nee-es-miry -quit-
claim-de-eel -of -conveyance:- -Prevideel,- 4elf-err -'Fhat- tbe
ei -Gene-r-al- Services- -is autherirred- -a-c-crthir e -a- -site -ler
a-building -ler -the- Sup e -Ge-upt- e the -United- Stateet - -.1;kre-fided-
tuPther-1- That em- land -that. -TR ay-b.&sa-equi. ed-f-or- a- eite-fo-r-
a -beilding f e r -the- Sup r erne ef. -the-United- Statee, - anel-fo-r- en-
lavging- the -eite -of-the- Gov-e4,nm eRt e eting-
6 to-r-age ar-ehoe -o-r- zo.,a-r-ehousee, - the -eurn -of- -0-0-0- her e
after- autho-viaed- fax. -p-r-ojeets- -in-tho- stvic-t-of- Columbia, - hall- e-
us e lex -the- purpoa as coal xing- b y-pevekka -oon-
de ranati -ar- .otherwiser -south- of. -Rama sylv-ani a-Avenue -and, -west-
Deleted due to rearrangement--
substance inserted as new Sec. 5
(d).
Deleted as obsolete.
Deleted as part of rearrangement -
Taking area defined by existing
law set out in new Section 5(d).
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
ei -Maryland A-venne,- -p-roje eted -straight-line- be
such-sit es -or. -additions- be -a-s- the -A-dirri ni-et-r-at e ff -e?f- General -
Se rvi-e-es? ay-deern- neeeesary-to- previde- -atioh- aaittible -of-fiee -ac?
e ernirrodatione -in--the- Di strict -o-f- Colernhia- as-ape -her-einlaef-ar-e-
rn-entie Re d.r -o-f- eenetrii-e-tien-adeeriate- anel-eaitable 41>ctildinge-f-e-r- the
s 1,1e h-e-f-fiee -a-c-c-ornmo-dati ens -en ee -addi-
tione- to- -site e e e -already- e..vne-d-by-the- Gov,e-mnaent -eouth
eL -laenawytiv-ania-Ave nue -arvil -west- ei -Maryland -Av-ent+e,- abeve -
nri-enti Roi3 ?a114 -approaohe-s-te- -aai Gl-b-t+il ding a,- This provision now stated in new
Section 5(d)
and-b-eau.t.iiying- ad -e-nahelliehing-thei -eux-r-coaandirng-s- aG -nea-r-l-y-
has rawly -with-the- pLan -of-Peter- Enf ant n-iny -b-e-practi-
c able, - Said 3:41.ilding.s- shall-be-ea .c,oavstw ;as ted ?ars- to. ?oonate ia;ke -high
etanelarele e etural-b e aiiby -end-pr a e - P4 de dr
That-i- In carrying into effect the provisions of this Act, in so far
as relates to buildings to be used in whole or in part for post-office
purposes, the Administrator of General Services, under regulations
to be prescribed by him, shall act jointly with the Postmaster
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
General in the selection of towns or cities in which buildings are
to be constructed and the selection of sites therein*-. P-ro-v4fied.
further, - T-hat-a1-1-s-ket-c4e-e, - pl-ar*e,- -and- eetirn a.te 4er -big-I fiiri-g-e
skald- be -appr-eveel he -A-ehrriaiet-r-ater Gene-ral-Seplk-c-e-s- and
the -beads- ei -the -exeeutive -Glepartna eat. a.r e be-lee-ate d-in-
lieb.-building a.-
(2) The Administrator of General Services is authorized to
carry on the construction work herein authorized by contract, or
otherwise, as he deems most advantageous to the United States.
(3) In all cases where the construction of buildings in the
District of Columbia, under the provisions of this Act, requires
the utilization, in the opinion of the Administrator of General
Services of contiguous squares as sites thereof, authority is
hereby given for closing and vacating such portions of streets as
lie between such squares and such alleys as intersect such squares,
and the portions of such streets and alleys so closed and vacated
shall thereupon become parts of such sites.
Deleted as obsolete. This provision
superseded by Act of June 14, 1946,
60 Stat. 258; 40 U.S. C.A. 128.
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8.
Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
(b)(1) Except as authorized in Section 7 of this Act, no appro-
priation shall be made to carry out the responsibilities and purposes
set forth in sections 1(a) and 2(a) of this Act for any project involv-
ing an expenditure in excess of $250, 000 (1) until the expiration of
thirty calendar days of continuous session of the Congress following
the date on which the Administrator of General Services has sub-
mitted to the Committees on Public Works of the Senate and House
of Representatives a prospectus of the proposed project, or (2)
where a resolution has been adopted by either committee, during
such period, stating in substance that such committee does not
approve of such a project. For the purposes of this subsection
continuity of session shall be considered as broken only by an ad-
journment of the Congress sine die, but in the computation of the
thirty-day period there shall be excluded the dais on which either
House is not in session because of an adjournment of more than
three days to a day certain.
Section 2(b) is new and substitutes
for the method of obtaining public
buildings project approval provided
for in the 1926 Act, as amended, a
method of approval patterned
generally after the method provided
for under the Public Buildings
Purchase Contract Act of 1954, as
amended. The method here proposed
also is similar to that provided for in
H.R. 4660, 85th Congress, 1st
Session, and S. 2261 as passed by
the Congress during the 85th
Congress, 1st Session, as well as
the method provided for in S. 2261
as reported by the House Public
Works Committee. See also
H. R. 12828 and Sec. 9 of S. 3450
85th Congress, 2nd Session. It is
believed that the method of project
approval here proposed affords the
appropriate Congressional Com-
mittees with a more intimate ac-
quaintance with the public buildings
program than is achieved under the
present method. This provision
would not apply to relatively small
projects individually involving
$250, 000 or less since it is believed
that such projects are not of suffi-
cient magnitude to warrant indi-
vidual consideration by Congress-
sional Committees.
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(2) The prospectus of the proposed project shall include (but
not be limited to)--
(A) a brief description of the building located or to be
erected at a given location;
(B) an estimate of the maximum cost of the site and building;
(C) a comprehensive plan for providing space for all Govern-
ment employees in the locality of the proposed project, having
due regard for suitable space which may continue to be avail-
able in existing Government-owned buildings and in rented
buildings;
(D) a statement by the Administrator of General Services
that space owned by the Government is not suitable to meet
the need which the proposed construction is intended to
accommodate; and
10.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
(E) a statement of rents and other housing costs currently
being paid by the Government for agencies to be housed in the
building to be constructed, enlarged, remodeled, extended,
or purchased.
(3) The estimated maximum cost set forth in any prospectus for
any project may be exceeded by an amount equal to the percentage in-
crease, if any, as determined by the Administrator of General
Services, in construction costs dating from the date of transmittal
of such prospectus to such committees, but in no event shall such
increase exceed 10 per centum of the estimated maximum cost set
forth in the prospectus without approval of such committee.
(4) Each project approved prior to the date of enactment of
this Act by the Committees on Public Works of the Senate, and of
the House of Representatives, respectively, in accordance with
subsection 411(e) of the Public Buildings Act of 1949, as amended,
shall be considered as approved within the meaning of subsection
This section would validate under
this Act the projects heretofore ap-
proved under the Public Buildings
Purchase Contract Act of 1954, as
amended, and provide for neces-
sary increases in cost limitations.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
(b) of this section: Provided, That the estimated maximum cost
set forth in the approved prospectus for any such project may be
exceeded by an amount equal to the percentage increase, if any,
as determined by the Administrator of General Services, in con-
struction costs dating from the date of transmittal of such pro-
spectus to such committees or by such other amount as may be
authorized by the Congress in approving funds therefor.
(5) The Administrator of General Services shall submit to the
Congress promptly after the convening of each new Congress, a
report showing the location, space, cost, and status of each project
approved under this Act and uncompleted as of the date of any prior
report under this Act.
This is a new subsection designed
to keep the Congress currently in-
formed as to the status of approved
projects.
(c) The Administrator of General Services is authorized to This is a new section which would re-
enact the substance of the 1926 Act
formulate, undertake and carry out a program for the repair, provision deleted from the first
section of that law as indicated above.
alteration, preservation, renovation, improvement, enlargement The authority proposed to be granted
here is more clearly defined than
and extension of Federally-owned buildings, of the classes under under existing law and has been
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12.
Approve or elease 2 6 00245R000100150005-9
the control of the Administrator of General Services, including
grounds, appurtenances and approaches, and to acquire by
purchase, condemnation or otherwise, additional land necessary
to accommodate building extensions, appurtenances or equipment.
"Sec. -2,1 3.(a) The work of preparing designs and other draw-
ings, estimates, specifications, and awarding of contracts, as well
as the supervision of the work authorized under the provisions of
this Act, shall be performed by-the -Publie434.*ileliags? -E9e-rv-ieer
Cre-neiNal-Sev-vi-c-e-s-A-thaair+i-strati-om under the direction of the Admin-
istrator of General Services, except as otherwise provided in this
Act.
(b) When deemed by him advantageous the Administrator of
General Services is authorized3-ia-speeia1.-o&&&03-(1-)-to procure
by contract the floor plans and designs of buildings developed suffi-
ciently to serve as guides for the preparation of working drawings
and specifications, or to employ advisory assistance involving
13.
broadened expressly to include
authority for repair, alteration,
preservation, renovation, and im-
provement of public buildings.
While these functions have been
performed by GSA and its prede-
cessor agency for many years,
the authority for their performance
has been dependent upon interpre-
tations of more general statutory
language or upon annual appro-
priation of funds therefor.
Changed to vest the statutory re-
sponsibility in the agency head in
keeping with the policy of the
Congress in enacting the Federal
Property and Administrative
Services Act of 1949, as amended.
See Sections 102, 103, 104 and
105.
Deleted so that the authority can
be exercised generally, if de-
sirable.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
de sign or engineering features,- _L employ, -ter -the-extent
de eni-ed- -ne-c cc c a-ry- b y-hi-rn eerifteetion- with the -eenetruoti-ork -of
b Ril-dmiRgs -for- the -Dep&rtrn erits? ?of-Gerrrrn-er-c-e- am ab er r -t-he- a r e hi--
te-e-t-s- who- were- e e es sittl-i-rt -c-ornpeti-tiolt -he-retekere -held-for- a
b Ril-di Fig -for- the ?the -Be pa rtiarrent-ei-- GoinPrter-ee -end- Leho-r7- ei-t-o-
p ay-pea &enable- e owl-pert eat-i e ft-for- ette h-eerN4c-eez
(-e)- -The-AEltni-nistvato-r- ef -General- Se rviee s- -is -atithoris eel-t-o- ern--
pie). -eu?oh- a 4E144. e Rai - seentie, - e -eeeist &nee -in-
-th.e B-thiblinge- Se Eviee,-krot h.-i-n- the -Di-et ef
ad-i-- the -field, - as-he -deem s -neeeesePT,- -end- te 4e 434.10h-
ates ,af-eomperkeation ?thef e feat- -ae-lke-deeme- p ep e r - he wevett,
ir4-6.v.00es- of he w ate -f-or- the -earns -eina-ilaw -essay-740e-
in, -other -depaztrnent -eucl- eraplo/anent -t e-11+4. ..an ads -in- ass 9welanse
3.v.ith the e -r-ule r -and. -Degulatione, auci-to- wabia-t-it
ta _Caugs.es.s ough -au stoma y-ahashuele, - e stint atm.& ies
eeFapeReatiefi-fo-r- stiell-per earEal- -erevvice-s; -arid -feT
Deleted as obsolete.
Deleted as this provision has been
superseded by section 401 of the
Public Buildings Act of 1949, 63
Stat. 198; 40 U. S. C. A. 298. The
superseding law is deemed to con-
stitute the basic statutory authority
of GSA in this regard.
14.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
tra?itell - suhsist-enoei - anti-other- exp e e rn-alti-ng- any
gation- er-wapvey .of-1i.1 ding -oond:i.tione- ea, -i-n- the -e-x-ana
ei -sues- -whi-e-h- he -rney- find- to Ire- ne e es aryr
1-/ Seer -3-.-- T-he- Adnaini-etr at-or -of-Gene r al- -Se-rv.i.ees-ie- he ' eby
authori-zed- -e-a?r-ry- e pr evisd-on-e- e egri sting- 1-aw-aut-ho-r-
tho -a?equisitien-of- 1.an4 -few -s?it ee gemont-e- t he-reef-I - and
the -e-r-eotien,- -enzl a r get:neat, - entensd-on, - and-rem.odeling -of -publie -
laaikling -thoreon- the-following - Juneau; - Adaskai- -Gl-o4De-3
Arr-i onai- -lar.fioseottr -Arkangae j..R434 434441. -and- San-Pe dr e r -G alinf et' Ri-&;-
Duatnago, - Colorado'. 43-panfor-cl- and-Putnam" - Conneoti-e-uti -144annar
ALost- -Gacor?giai -Geo/ear-d'Alene- and-Sa.adpointr kahoj -
ii-atavia.,- -Matra:AI:mak -Mount-Can:L.144 - -111inos;-
De.e. Dhainee., - Shelbyviller -Kentuolc.)s- Carib o u-and
F-air fiel dr -Maine -Loarni.astor-,- Vow-bur yport,- South-
b r -Waltham, -and. - 714.a.s.so,ollusetta ;- -Wyandotte,
Michi putt-Menteiri-deo; - Mime-sot -G ent-ral -GR."; - Nelyra--akal
Deleted as obsolete.
1 5 .
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
F-a-lkyrr Gal clr -Nevada; B-a-yorrrre,- -East- err-a-rrrel -
- Now -Xor-s-eyi -East -New.4.exiso
F-ort - Long- Leland- City,- Sy-raousda, - wake s r -New- Zoilic.;
oar -North .C.ar-olisia;. -Tarn e stown,- -No rt.b. -Dakota; -Akr our
E-peryt emt,- WiliTtingtemr - Levei-etewn3 - Me.14.ee
R-ock-e; - - T-s-na a qua.; -T ent-ttrir; - aftel-Werre-eirru-rgi
RenrreylvaRia?;- Lance-et e -Sottt-h- Gha.rrib e - Se titlt
Da4reo4at At-het-ley - T-erktre-s-s-eet -Seattle,- -Was kiitgt-oni arft &Oft,-
We. s-t- V-i g -T-omehy - 444-s-c,0-11-134 -13.1*.f4 alo -card-
Cody, - Wyo./4)4E1v. SaiRt. -Newawkr -New- %Ter seyt-
Uti-Ga,- -New-Ye ski- -Mi. so4+1-a7 - 4.4o.atanai
-rn a ine -ho-s-pital- at -GM-cargo, - -11,143.die al. -
qua r t es.a -at-the- naar.ine- h pi-tal&tSavannah. -Gee e
s traction-of- marina-110 spital C1ita -at -D e tr.cAtr
ato.s. 4)1-Gene r al -Sex-it:is es -18- he r ela s ed
to. e egar hit- ef -co-et -fixed-1Yr ?Ggre-e, -ler -eacc-Ir -of
1 6.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
pr e?ert-s-; - -ptrr-cha-s-e- a enal- 4 anel-for- enlaa-gen-rent anel
fer purpes es-to- expend-in- addition-to- the -a-rnen.nt -he-r-etefere
apprepTi&ted- -s tie sums -of -nnlyney- fen -ea-c-h- ei -ea-i. el-prej--
e cts? -a-s- he - sha-1-1 advis-able; - n.et -exc-eecling-i-n- the -aggrega-te
t)-1-51 4001 -0401 - -Previ-de4.-1-; - nstnitet-ingbuil-dings -enn--
la I, ae eel-herein- tl-*e? Gerkered-Sers,-i-ee-s-is? -a-utheTizred,-
i-r+ -cii-s-c-r-et -te -p pevik-de- epaee-i-n- eieh 1dg& -f sr -e-the-r
a e w 7b?r-a.r+e-4e- s -of-the- p.1914-o- e e vies -not-speeifieally-er+bl-
r+sr-&terl- i?r4 .the -Ae .o-r- Acts -authag ei ?the-site e r
Q '-the- ? one tia.G.ticali-of- the. -e -.both.; - -lax=ovcide?d-it+vt-he-r-,
carwying -pr.ow4elasr4s .o4-the - sse-tien.r -the-Ad?
raini tr-a,tar- QL Csra.v.a.1- Se wvi4e. 56 4 -aitathor-i eGI-aa-cl -ernpewo-Ded- to.
entax- lato..c.on.tx at s -for-all-Q.v. -so- ma..tly Jai s may
e -pea s4-1:rle -within-the- total -aficiltiedtal- limit- ei +I-5,404,404 +re-Pe.-
"Se c. 4. T-he-A4rni-rti-strate-r "ref -Gene r -Serviees-shal-1 Deleted as unnecessary. Funds
17.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
stthm-it -aartitaolly-aitei r am. .ti-rtn-e- to- -time- a e e
estimate to-the- Bn?r-se-u- 4e-e.er-danee.voi?th
the. .p-r-ov4 s i.o.a s. -of -the- B4Idget -and tag -Ae 49241- skew-
k*g.413.-c-o?m?plet.e. -detail-the Are-r4eia.43 pTepes ed-tro-
expehd-wagier. .t -eaktho-r-ity -of -thi s -Ast 4141-r4Kg -the- -year,
said -e-st imat -eulant itt e dr -whic-1-+ -shall. -iRs
-etat e oL -the-l-ooatio.r4.of-the-buildings-pr-42rposed.te-he
er en td.,- .to gether. --Go? Ler. .t he-same:- -P-r-o-
vided,- -That- irk -sub.mitti.ra.g. -such- e?stirnate.s. -t The Adminis-
__
trator of General Services shall allocate the amounts of
his appropriation requests hereunder -expended to the
different States where buildings are found by him to be
necessary, in such a manner as to distribute the same
fairly on the basis of arear and populationr: and-poet:a4-
reeeipt-s4 Provided, R*1=411E144 That unless specifically pro-
vided for in the Act making appropriations for public build-
ings, which provision is hereby authorized, no contract for
may only be requested in accord-
nace with the Budget and Account-
ing Act of 1921. Also, the data
required to be included in the esti-
mate by this provision will be set
forth in the prospectuses required
by new section 1(b) of this Act, and
the added provisions of this Act ex-
plained below requires expenditure
of appropriated funds in accordance
with estimates contained in the pro-
spectuses except as otherwise
authorized.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
the construction, enlarging, remodeling, or extension of any
building or for the purchase of land authorized by this Act shall
be entered into until monies in the Treasury shall be made
available for the payment of all obligations arising out of such
contract, and unless the said Act making appropriations for
public buildings shall otherwise specifically provide, which is
hereby as-her-ei-naftep authorized, appropriations shall be made,
and expended by the Administrator of General Services in ac-
cordance with the estimateseohnii-tte.4b-y-the-43-14ea?-ti of-the-
Ii3-4.14geti- set forth in the prospectuses provided for in section
1(b) of this Act except as otherwise authorized in this Act:
P-r-o-v-ieled-furthe r -That -the -Ae t making -aai el-appr-opriat ion a In ay
provide -for-any -othea?-buil dings -c-ontained 4n-the- anneal -r-eport-of-
the Ji,4rAiRi st-rat e -of- Gene-Dal -Selwice-s- r e inaft e fey:-
P-Dov-i.d.e?1-44.1-rtherr -That -the -See-v?eta-r-y- of the-TTeasury-shall-al-so-3
in -addition- to -onbanitting -eetirnat e s -to- the. -B--ap-oati -of-the- B-udge-t-
a 6 -hev?ein- ovided,- -rnake-an -annual-v?opov-t- to -Gongp-oos- -c-ontaining-
Language clarification necessitated
by rearrangement.
Deleted. Not compatible with other
provisions. Prospectus estimates
controlling.
Under this addition the prospectus
estimates are controlling.
Deleted as Section 7 authorizes ap-
propriations for any project ap-
proved under Section 2.(b).
This provision was superseded by
Section 409 of the Public Buildings
Act of 1949, 63 Stat. ZOO; 40
U. S. C. A. 355.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
a-ate-terrrent- ef the -1-o-c-ati-oTr -of -a1-1-pnblic -an& the
Postrrtaat-e-r- G-eite-ra4-(-wIt ere -his -depa rt-rn e tat s e -deem eee a-
s ar y-t-o- be -eon at-ruoteel-ttneler the-previ-aiens-ef- thi-s- Act-together -with-
e e et -fer-the- sante:- -Pr evieleel-further,- -That- the -feregeing
previse & -tha41-not-appl-y-te er -their-irraclific-ation -he-r-etef-oa=e
pr evided -fer-hy ei -Gengr-ean:- -Pr evielee -far ther.,- -That- at 4 ea.e t
-eha41-4>k)- esti-mated -fer-sinri-ng- the Tor ie el-eevereel
eaeli-State-for- poet -offic-oe- with -rooeipta -of -nfro-r-e- than
S-1-01 -0-0-0. Eliaring -t he -1a-at-pr-ee-e-ding- year -for- whie eifieee-ne
p Walk- b uildinge -be- provided.
"Sec. 5. F-or- he pux-po-s-e- of -c-a-r-ng-t- the -p-r-ov-is ions. -of -thi 6
Act-the- +van+ -of -$ 620,- 000,- ()Aar -in- addition-4o- the -OAR giant. -autherlaed
il4 -645C.Ai0/4.3-?f?9,- 46 -1-443.7434y .authe izre4-te -appr-opriats4- ?but
unclev-this-author-iaati,on,-aucl-frorn-appr-opr-iations-(exelusi-v-e-ef-ap-
prepriatieue-made-Lor-ILDernedeling-and-anl-a-r-girag-publie-b-uilclingaq,
w made- -for-the- a e qui-a-Ai-on -of -aita6 -fox-, - es-the- s ens tvu,Gtie
Deleted as incompatible with a
public buildings program based
upon relative urgency of need.
See, however, new section 4,
above.
Deleted as obsolete. While not en-
tirely free from doubt, the better
view is that all sums authorized for
appropriation under the 1926 Act,
as amended, will have been appro-
priated upon passage by the 85th
Congress, 2nd Session of H. R.
11574. Also, rigid statutory
specification of amounts which may
be expended annually and allocation
of such amounts in and outside of
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-er-ex-teneiea-o-f-publ-ie-biall-d4ngs
the -c-orr1 - the- -Gette-rIal-Se r Acimini-at-ratiott,- het -rfre-re- that*
irt-the- ag g r e gate -shall- 4D-e-expeaeleel-a-rekoal4y:- -
s tte h-atrrount -rree-es-eary,- hot exe e e el-$1 98j- 009r AA -of-
the -tot al- arrieuat the red te -expencletl- ttade r -the- pr
s hal-1- b e -av-ai4 ab le- 4e the- r
-and- set- triere-tharn- -$-2r51O.O4 400- or -sep -natieh-the-r-eof-ae nay-be- -fre-ee-e-
-s-a-ry- -ca-t'-ry- ext.& the --p-reer s A-ct -shell -b-e ansaal-l-r
-Pretv-i-deth - That -at- le-a at- erie r *te- -e-Apehtlitirre-s- outs kie of -t1e-
4)l-eling-s- her etef-epre- aathiart-z-ed- ]east- arse -third-cyf-the
e -f-o-r- the -fiee-al- ye ar -a4-xl- at -least -oirke-thit%& of the -e,mpemii--
e s the-iis-c-aa- ye a r 4.e-&r- 14k-e- Rum peee -tia.1-ee-a- a
le a -amount-sLaii-b.e 4142.c,64?-sa-r-y-ta -oorapletAN. -Fr e-
Ani de d-furthe x -That .ear.penditu,r-ea- -outside ?the-Di.str-iet 44-C eluanbi. a
Jancle-r-th.e..p.rca.riaiz-Ans. exe eed-the- sum. .of
-ahntla-11-y -4.21-arry -erne- of- -the s r -T er rithries; -crr-
-p-o-s-s-e-s-eieas -of- the -1.1-nited-State 8r
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the District of Columbia is not
compatible with carrying out a
public building program based
upon a sound determination of
relative urgency of need. It is
to be noted, however, that the
Congress nevertheless would
remain in a position to control
such matters under this proposed
Act through disapproval by the
Public Works Committees of proj-
ects submitted under section 2(b)
and through the refusal of funds
requested for appropriation for
particular approved projects and
the addition of funds for other ap-
proved projects. An authorization
for appropriations necessary to
carry out the purposes of the pro-
posed Act has been added as new
section 7, below.
21.
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(a) When la the-ei-ties-iri-whieh a site is to be ac-
quired under the provisions of this Act, the Administrator of
General Services may shall solicit prepesal-s by public adver-
tisementr proposals for the sale, donation, or exchange of
such site to the United States. Saela-a-elvertisee-shall-lae
pubLi-olled- for- -a- period -of -tAvei4ty- days -i-n- eke -of- the- -neks,spaper-
-ea-iel-e-ity-having- the -largest -c-ir e1-at4s/1r -f-o-r- the -s-ale -of- land&
siiitable-fo-r-the-pkaipos-ei The Administrator of General
Services shall cause any the sites offered, and such others as
may be found to be suitable or desirable for the purpose, to be
examined in person by an agent employed or detailed for the
purpose, who shall make written report to said Administrator
of the results of said examination and of his recommendation
thereon and the reasons therefor, which shall be accompanied
by the original proposals and all maps, plats, and statements
which shall have come into his possession relating to the said
proposed sites. The Administrator of General Services shall
Language clarification.
Language clarification.
Deleted as obsolete. Under the
Act approved Feb. 6, 1931, 46
Stat. 1063, the Administrator is
vested with discretionary author-
ity as to the number of days for
site proposal advertising.
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Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
select the site determined by him, with the concurrence of
the Postmaster General where the building to be constructed
thereon is to be used in whole or in part for post-office
purposes, to be most advantageous to the Government, price
and other factors including, but not limited to, location,
topography, and suitability considered, and may acquire the
site so selected without regard to the provisions of Title III
of the Federal Property and Administrative Services Act of
1949, as amended.
With-i.espeet-te-sites--o4+-addi-t-iene-to-site-s-aequilLeciAnade-r
.A.otr -the- COWAmi-oe-i. elle -of- P-ublie .134k4nge 4s -1-4epe4y
alatUor4ered, - i?r* ha 6 -Gli-sc-r,eti.o.n -to - anti4-they- a W e-needed
-cznetraetion- parpe ear -sueell 43444 .4)4- additions -to- eitee- and
any-impwevena4ante-loc".ate.d-thor-son?not-r-es?a?r-wigiby-t11.-v-ondo-r-el-
at -a-Laix-rantal-valum.-and.upon-su.G.11,.teW141-&-and-eianditionis-as
he -may- de am. -to-b4a, inter-eet.- - &lob- sental-s- na?ay
This new provision retains provi-
sions of the 1926 Act in requiring
joint action by the Administrator of
General Services and the Postmaster
General where the building is to be
used in whole or in part for post
office purposes. After advertising
publicly for site proposals, site
selection upon the basis of general
suitability is authorized. Acquisi-
tion of the selected site is author-
ized without regard for the compe-
titive bidding requirements of the
Federal Property and Administra-
tive Services Act since experience
over the years has demonstrated
that it is impractical to acquire
building sites on a competitive bid
basis.
Public Law 85-886, approved
September 2, 1958, repealed this
provision and substituted therefor
authority in the Federal Property
and Administrative Services Act
of 1949, as amended, for interim
leasing of Federal building sites
until needed for construction
purposes.
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be-cie.p.o.s.ite 4E144-Ito-a -c-ornrr+er4 ittud-aeeeliat- er the -T e a su r yr
arld-n-ot-vrititstarteling- the -p-rcrvisienta -of -the- Actt-e-f- June -34,- 4-40-
kJ: -3-0-310 r -avei.1-a1-l-e- ter -gay- the- -c-o-et-o-f- s tte h-rrrairitertafree,
repair., alt-e-r-atioha -o1-any -irrtp.r.weemente -l-o-oated-ort -Duch- e r
a elditiens -t-o- ei-t-e-e- ae-i-e. Re sees ar y-t-o- ke eata13-1-e- eesditiem
and-Ler-the -e-et al914-ehrri eat. -of -r+eeees.ar.y ther-ef-on - -14r?e-cok.dedl
T-hat-eeept- for aee es s a 17 y-r.es.er-N.e -a-s- et-env-Ana el-13y the -G e m-
neione r r -the- unebli-gated-balatIc-e-s- el. -r-ent e -e-o- deposited- iart,o- the
s b e -e(pAer-ed -at-the- e e a e e al- .y-ear- ihto-
-receipts:- -Pr (prided, -further., -T-hat- with -r-e-spert -to- kripr-ov-e-
raents- -sites -ex- additions -to- sites- i.asiela-ar-e. -suitable-Ler
r e side-I/tie/ -purposes- only the. -estimat ed.-achnual- r (natal's- of. -which
will- not -eeeci- $I, 2013, - the..C.o.wraissioner- naay -enter -into -Leases-
without- r e gar d-to- the -pro si-orr a- -of -s-ectiert.-3-749. -of -tire- s ed
St.at-ut e r emended:
Zhatr -so. -far -as- -preetie-a434-el - lag-ding s -eon. strtlet e dr Deleted as obsolete and unnecessary
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-o-r- exterreleci -under- the p-r-ovi.si-mts? -of s -Aet
unexposeel-t-o- elaRge r irern- a elj?aeeitt- b g.s -by -art- ape ft-
pae e-ef- at 4e aet -ferty ?feet eaeh-aide3 - ine-Ittclifig-etti-eete-and
- T-hat-the-Ardrni-Ri-etrater? -o-f-GeRer al- -SerAr-i.eee-
Fra-ay,- ae-r-etieRr -a-een+i-r-e- 6 it-e-s- eR-whieh -an- epeR-epa.ee -of
the -e-xteRt -1-1e-r-eiabef-er.& eaRRet e erve elr -aael he.is.
Li-lcowi-ee-autheirrecli-whenev-e-r-iR-Ilie-judgrRent -euoh- aetion- is
e 64 a w y-ahd. -w-app-ahted, - t?. -r-edoc-e- the -open- 6 paee-abei4t- ay
F--a1-114ing -hor-otoLor-e. -Goa-1,st 4. etad -and- under-the. custody
aild-Goaa,tzol-of,- said -dopar-tpaegat.
(b) In carrying into effect the provisions of this Act, if the
Administrator of General Services deems it to be to the best
interests of the Government to construct Federal buildings to
take the place of existing Federal buildings, he is hereby author-
ized to cause the present buildings to be demolished, in order
that the sites may be utilized in whole or in part for such build-
ings, or where in his judgment it is more advantageous to
in view of modern construction
methods relating to fireproofing.
Also, although a standard was
set by the provision, it also vested
absolute discretion in this regard
in the responsible official in the
executive branch. As this is where
such administrative responsibility
properly should lie, it is not con-
sidered necessary to include ex-
press statutory language.
Deleted as unnecessary.
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25.
Approved For Release 2004/09/23 : CIA-RDP63T00245R000100150005-9
construct a Federal building on a different site in the same city,
to sell any such building or buildings and the site or sites thereof,
under the provisions of the Federal Property and Administrative
Services Act of 1949, as amended. e:t-s-wel* aRd-o-r+ terms
a 6 -he -cle-ern e to. the e the-
elaa e s -ter-eoi-hy -the -*sal- eiktite-1 aim- e dr -aaci -t e-drepo?s-it -the-
pr ae ee cla the. -sad e -the-r-eof -in- the. -T-r-ea,s4.4y -are- R-4-i-s-crell-aaeotbe
??e
(c) When a site heretofore acquired for the construction of a
public building is found by the Administrator of General Services
to be unsuitable for its intended purpose, he is authorized to ac-
quire under the provisions of this Act a new site in lieu thereof,
and except in the case of exchange, to dispose, under the provi-
sions of the Federal Property and Administrative Services Act
of 1949, as amended, of the site theretofore acquired.
(d) Funds appropriated hereunder for sites for public
This addition and deletions would
expressly make the provisions of
the Federal Property and Admin-
istrative Services Act of 1949, as
amended, applicable to utilization
and disposal of excess and surplus
public buildings and sites as such
provisions already have become
applicable and superseded the
language here proposed for deletion,
by virtue of Section 602(c) of that
Act.
This subsection re-enacts the sub-
stance of the provision of the 1926
Act deleted from the first section
thereof as explained above as a
part of the rearrangement of the
law to improve its logical sequence.
See note under new section 5(b)
above.
This section re-enacts the sub-
stance of the provision of the 1926
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buildings projects in the District of Columbia shall be used by the
Administrator of General Services for the purpose of acquiring
sites, additions to sites, approaches thereto or for areas needed
for beautifying and embellishing surroundings of public buildings,
including, with the approval of the National Capital Planning Com-
mission, areas for parks and open spaces necessary for the proper
grouping of public buildings, exclusively within (1) the area bounded
by E Street, New York Avenue and Pennsylvania Avenue, North-
west, on the north; Delaware Avenue, Southwest, on the east;
Virginia Avenue and Maryland Avenue projected in a straight line
to the Tidal Basin, Southwest, on the south; and the Potomac
River on the west (including properties within said area belonging
to the District of Columbia; but excluding those portions of Squares
267, 268 and 298 not belonging to the District of Columbia, the
Square known as South of 463, all of Square 493, Lots 16, 17, 20
and 21, and 808 in Square 536, and Lots 16 and 45 in Square 635);
(2) the area bounded by Constitution Avenue on the north; the
Act, as amended, deleted from
the first section thereof as noted
above. Under this section loca-
tion of public buildings in the
District of Columbia would be
confined to the area defined by the
Congress. Such area as herein de-
fined conforms to the area as de-
fined by existing law (Act of May 25,
1926, 44 Stat. 630, as amended by
the Act of March 31, 1930, 46 Stat.
136, and the Act of March 31, 1938,
52 Stat. 149, the Independent Offices
Appropriation Act, 1942, 55 Stat.
107, and the Public Buildings Act
of 1949, 63 Stat. 176) with three
exceptions: (1) the whole of square
167 has been included since it has
been acquired under the Public
Buildings Purchase Contract Act
of 1954; (2) the area defined under
(e)(2) of this subsection has been
added in accordance with recent
recommendations of the National
Capital Planning Commission; and
(3) square 170 is included because
GSA is seeking authorization for
acquisition of this square as one
of its legislative proposals to the
86th Congress.
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Anacostia River on the east; Independence Avenue on the south; and
2nd Street, Southeast and Northeast, on the west; and the contiguous
area bounded by C Street, Northeast, on the north; 21st Street, North-
east, on the east; Constitution Avenue on the south; and North Carolina
Avenue on the west; and (3) the areas designated as Squares 11, 19, 20,
32, 33, 44, 59, 167 and 170, all of said areas being within the District
of Columbia. The Purposes of this Act shall be carried out in the
District of Columbia as nearly in harmony with the plan of Peter
Charles L'Enfant as may be practicable and buildings shall be so con-
structed as to combine high standards of architectural beauty and
practical utility.
Seer - T-he-pr evisiona- of -6-e-otion ei the-be
e?RtriaPe- aR.4t4thc4a.Appr-Gpkarti-cra Aet-f-e?y- the e al ate-a-r,- ended
June -30,- -1-320, - appr ov e d-Mar-c-h- r -r-elati-ng-ta the -&&siga-k-
raont- -opac-e- m -publio -buildings- la .the -Dist-Di et, -of -Gelti.ar
appLy -to -all -buil cling.o -oonetwia.ete4,- -erit ende ge el
This section is now unnecessary
since the authority under the Act
there cited now is vested in the
Administrator of General Services
in whom the authority of this Act
is also vested.
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unele r previ-s-i-on-s- e 4hi At- ix .the -Di- et-r-i et -of -G ar
and-no- 4. an el-f-or-e ites- er --ertle-r-gere ent e s -t-heref er
be -cc-red- e r -1-ad- t-e- the -Waited- Stat-e-s-be
fer -site& -o-r- enl-a?rgem-ent-ef- sit-e-s-theref-o-r; - witheut- pri-e?r? -ep-
p r ev -o-f -the- A-chni-rti-strater- -of -Gene 4 al- -8-e-r-v-ie e 61- -no- eent-r-aet
s e -1-et-for- any diltg -or-the -enml.ar gement- 8r-extension
ei -any- b eg-cling -i-n- the -Diet it ei -Gel-urnbi-e,- -under- the -pro--
vieions- of this- A-et- Nvitheet- the -appoovel-el- ?aid Admit:IA-et-re-ter
as -to- the e-seignmer+t- and-gene-a.1- ar range/xi-eat- ei -epeee- there?
and-s-a,i-d-Adrniaietrater. -shell -determine-the -or-der- ir+
-ealargew+ealt- t he -Di et-r-i -o-f e -
I-IA=1W a .t1 4Q5 A.ot - -oonetr tea.-
"Sec. 7r 6. That the Administrator of General Services
is hereby further authorized and empowered to cause such sur-
vey and investigations of public building conditions to be made,
and such data obtained as he deems necessary properly to
carry into effect the provisions of this Act.
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29.
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u Se e r - -in- the ev-ent-loeel-intereete eity- ef
New -0?4-eane3- Lonisi-ar+a?,- -eha-II -offer. t e-a4v-ad-+e-e 4de -f-o-r- the
a e q s.itiem -& -eite -fe -a. -qua-rent iae -et ation- ir+ Fie at, -eaircl-
e -the- r Genere-I-Sep?viee-s-
retioni ee eive. -eneh- funds- -and- expend-the- same. imq--
Faecii-ate-aeett+i-eiti-on- e -sneh- Eitel - aRel-the-Adnqi?rn-st w atop. -of -
Gen-erad-gei-oe-s- & heatehy- aathe?r-i-zed- e wepay
1.N.Lith,cmkt- ii-4ter-e-str -f-r-ona-appr-opv.iatiGne the
za-oi- 6 1,1G11-iter -the- aix4424aAmt-s- a o-aelv-aalGed e lc? e Kele dr
"Sec. 7. There are hereby authorized to be appropriated
such sums as may be necessary to carry out the provisions of
this Act: Provided, That appropriations for planning, for the
acquisition of sites and for the design of buildings are author-
ized prior to approval of projects as required by section Z(b)
of this Act, but any funds so appropriated for the acquisition
of sites or the design of buildings may not be obligated with
respect to any project not so approved.
Deleted as obsolete.
This is a new general authoriza-
tion for appropriations proposed
as a substitute for section 5 of
the 1926 Act deleted as explained
above. A general authorization
as distinguished from a specific
dollar authorization is consistent
with the usual policy of the Con-
gress and avoids the need for
amendment of the authorizing
statute annually as Congress
appropriates funds in excess of
any specified dollar authorization.
The proviso would permit appro-
priations for sites and planning
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prior to project approval but
would prohibit obligation of any
such appropriations prior to
such approval except with re-
spect to program planning
expenses.
"Sec. 8. This Act may be cited as the Public Buildings Act This section provides a new title
for the proposed Act.
Amendments of 1958."
Sec. 2(a) Section 409 of the Public Buildings Act of 1949, 63 Stat. This section repeals the provisions
of the Act requiring submission of
200; 40 U. S. C. 355, as amended, is hereby repealed. biennial reports of approved proj-
ects since the provisions of section
2(b)(1) and 2(b)(5) of the proposed
(b) The provision in the Act approved December 22, 1927, Act would afford the Congress the
information previously covered by the
C. 5, Sec. 1, 45 Stat. 32, providing: "Provided, That in all cases report.
where contracts have heretofore been entered into or may hereafter
be entered into under the provisions of section 2 of the Public Build- Repealed as obsolete.
ings Act approved May 25, 1926, for outside professional services,
wherein the period of performance extends beyond the fiscal year
in which such contract or contracts were entered into, payments
thereunder shall be made from the appropriation 'Outside Profes-
sional services, public buildings, ' available at the time payment is
du, the particular services rendered." is hereby repealed.
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31.
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1 TAB 1
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PUBLIC BUILDINGS AND GROUNDS
'
(No. 86-5)
HEARINGS?
BEFORE THE
SUBCOMMITTEE ON
PUBLIC BUILDINGS AND GROUNDS
OF THE
COMMITTEE ON PUBLIC WORKS,
HOUSE OF REPRESENTATIVES
EIGHTY-SIYCTH CONGRESS
FIRST SESSION
ON
H.R. 5404 and H.R. 5453
TO PROVIDE FOR THE CONSTRUCTION, ALTERATION, AND
ACQUISITION OF PUBLIC BUILDINGS OF THE FEDERAL
GOVERNMENT, AND FOR OTHER PURPOSES
APRIL 30 AND MAY 1, 1059
Printed for the use of the Committee on Public Works
UNITED STATES
GOVERNMENT PRINTING OFFICE
40349 WASIIINGTON : 1959
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COMMITTEE ON PUBLIC WORKS
CIIARLES A. BUCKLEY, New York, Ckairman
GEORGE II. FALLON, Maryland
CLIFFORD DAVIS, Tennessee
JOHN. A. IILATNIK, Minnesota
ROBERT E. JONES, Alabama
FRANK E. SM yr.'', Mississippi
JOHN C. KLUCZYNSKI, funds
T. A. THOMPSON, Louisiana
IRIS FAIRC LOTH BLITCH, Georgia
JIM 'WRIGHT, Texas
W. R. IIULL, J a., Missouri
KENNETH J. GRAY, Illinois
FRANK M. CLARK, Pennsylvania
ED EDMONDSON, Oklahoma
JOHN J. McFALL, California
CHARLES H. (CHARLIE) BROWN, Missouri
GRACIE PFOST, Idaho
JOHN YOUNG, Texas
DENVER D. HARGIS, Kansas
FRANK W. BURKE, Kentucky
HAROLD T. JOHNSON, California
ROBERT E. COOK, Ohio
JAMES C. A UCHINCLOSS, New Jersey
RUSSELL V. MACK, Washington
GORDON U. SCHERER, Ohio
GARDNER R. WITHROW, Wisconsin
WILLIAM C. CRAMER, Florida
JOHN F. BALDWIN, Ix., California
FRED SCHWENGEL, Iowa
EDWIN B. DOOLEY, New York
WILLIAM S. BROOM FIELD, Michigan
HOWARD W. ROBISoN, New York
DEAN P. TAYLOR, New York
WALTER M. MUM MA. Pennsylvania
MAW:ABET R, REITER, Chief Clerk
RICHARD J. SOLLIvAN, Chief Counsel
Jammu R. BRENNAN, EngiERCT-0,48111i4711
ROBERT F. McComuum., Minority Counsel
PUBLIC BUILDINGS AleD GROUNDS
ROBERT E. JONES, Alabama, Ctiairman
JOHN C. KLUCZYNSKI, Illinois
GEORGE II. FALLON, Maryland
JOHN A. BLATNIK, Minnesota
JIM WRIGHT, Texas
ED EDMONDSON, Oklahoma
JOHN I. McFALL, California
CHARLES II. (CHARLIE) BROWN, Missouri
GRACIE PFOST, Idaho
JOHN YOUNG, Texas
FRANK W. BURKE, Kentucky
ROBERT E. COOK, Ohio
GARDNER R. WITHROW, Wisconsin
JAMES C. AUCHINCLOSS. New Jersey
RUSSELL V. MACK, Washington
EDWIN B. DOOLEY, New York
WILLIAM S. BROOMFIELD, Michigan
DEAN P. TAYLOR. New York
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CONTENTS
Page
Text of H.R. 5404 1
Statement of?
Bartholomew, Harland, Chairman, National Capital Planning Com-
mission 25
Chaney, Donald J., General Counsel, National Capital Planning
Commission 25
Finley, William E. director, National Capital Planning Commission 25
Floete, Franklin G., Administrator, 'GSA 8
Knott, Lawson B., Deputy Commissioner, Public Buildings Service,
GSA 8
Macomber, J. H.' General Counsel, GSA 8
Moody, Joe B. Assistant Commissioner for Acquisition and Dis-
posal, Public Buildings Service, GSA 8
Additional information?
District of Columbia Board of Commissioners, letter, May 1, 1959,
signed Robert E. McLaughlin 28
General Accounting Office, Office of General Counsel, letter, April 29,
1959, signed Joseph Campbell, comptroller general 21
General Services Administration, letter, April 29, 1959, signed,
Franklin Floete 9
National Capital Planning Commission, letter, April 8, 1959, signed
Claude W. Owen, Acting Chairman 27
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PUBLIC BUILDINGS AND GROUNDS
THURSDAY, APRIL 30, 1950
1-1617SE OF REPRESENTATIVES,
COMMITTEE ON Pustac Worms,
SUBCOMMITTEE ON PIJBLIC BUILDINGS AND GROUNDS
Washington:D.C.
The subcommittee met, pursuant to call, in room 1302, New House
Office Building, at 10 a.m., Hon. John C. Kluczynski presiding.
Mr. KLUCZYNSRI. The meeting will come to order.
As you all know, we are taking up H.R. 5404-and similar bill H.R.
5453 this morning, and the House meets at, 11 o'clock, and all Members
must be present on the House floor at 11 o'clock. I am sure everybody
here is familiar with the Public Buildings Act of 1959, and copies have
been made available to all members of the press of a summary which
outlines the bill's objectives.
(H.R. 5404 follows:)
MA. 5404, Seth Cong., 1st sess.]
A BILL To provide for the construction, alteration, and acquisition of public buildings of
the Federal Government and for other purposes
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That this Act may be cited as the "Public
Buildings Act of 1959".
SEC. 2. No public building shall be constructed except by the Administrator,
who shall construct such public building in accordance with this Act.
Sec. 3. The Administrator is authorized to acquire, by purchase, condemna-
tion, donation, exchange, or otherwise, any building and its site which he deter-
mines to be necessary to carry out his duties under this Act.
SEC. 4. (a) The Administrator is authorized to alter any public building under
his control, and to acquire in accordance with section 5 of this Act such land as
may be necessary to carry out such alteration.
(b) No approval under section 7 shall be required for any alteration and
acquisition authorized by this section the estimated maximum cost of which
does not exceed 3250,000.
SEC. 5. ( a) The Administrator is authorized to acquire, by purchase, condemns-
tion, donation, exchange, or otherwise, such lands or interests in lands as he
deems necessary for use as sites, or additions to sites, for public buildings author-
ized to be constructed or altered under this Act.
(b) Whenever a public building is to be used in whole or in part for past office
purposes the Administrator shall act jointly with the Postmaster General in
selecting the town or city wherein such building is to be constructed, and in
selecting the site in such town or city for such building.
(c) Whenever the Administrator is to acquire a site under this section, he
may, if he deems it necessary, solicit by public advertisement, proposals for the
sale, donation, or exchange of real property to the United State to be used as
such site. In selecting a site under this section the Administrator (with the
concurrence of the Postmaster General if the public building to be constructed
thereon is to be used in whole or in part for post office purposes) is authorized
to select such site as in his estimation is the most advantageous to the United
States, all factors considered, and to acquire such site without regard to title III
of the Federal Property and Administrative Services Act of 1949, as amended.
1
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PUBLIC BUILDINGS AND GROUNDS
Sac. 6. (a) Whenever the Administrator deems it to be in the best interest
of the United States to construct a new public building to take the place of an
existing public building, he is authorized to demolish the existing building and
to use the site on which it is located for the site of the proposed public building,
or, if in his judgment it is more advantageous to construct such public building
on a different site in the same city, he is authorized to exchange such building
and site, or such litre, or another, site, or to sell Such building and Site in accord-
ance with the provisions of the Federal Property and Administrative Services
Act of 1949, as amended. _
(b) Whenever the Administrator determines that a site acquired for the con-
struction of a public building is not suitable for that purpose, he is authorized
to exchange such site for another, or to sell It in accordance with the provisions
of the Federal Property and Administrative Services Act of 1949, as amended.
(c) Nothing in thts section shall be deemed to permit the Administrator to
use any land as a site for a public building if such site has not been approved
for such purpose in accordance with section 7.
SEC. 7. (a) In order to insure the equitable distribution of public buildings
throughout the United States with due regard for the comparative urgency of
need for such .buildings, except as provided in section 4, no appropriation shall
be made to construct or alter any public building, or to acquire any building to
be used as a public building, If such construction, alteration, or acquisition has
not been approved by resolutIons.adopted by the Committee on Public Works of
the Senate and House of Representatives, respectively, and such approval has
not been rescinded as provided in subsection (c) of this section. For the pur-
pose of securing consideration of such approval the Administrator shall trans-
mit to each finch committee a prospectus of the proposed public building, includ-
ing (but not limited to)?
(1) a brief description of the building to be constructed, altered, or
acquired under this Act;
(2) the location of the site and the reasons for its selection, and an esti-
mate of the maximum cost of site and building;
(3) a certificate of need for space signed by the head of the Federal
agency or agencies which will use the facility;
(4) a comprehensive plan for providing space for all Government 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;
(5) a statement by the Administrator that suitable apace owned by the
Government Is not available tufd that suitable rental space is not available
at a price commensurate with that to be afforded through the proposed
action; and
(6) a statement of rents and other housing costs currently being paid by
the Government for Federal agencies to be housed in the building to be
constructed, altered, or acquired.
(b) The estimated maximum cost of any construction or alteration approved
under this section as set forth In any prospectus may be increased by an amount
equal to the percentage increase, if any, as determined by the Administrator, in
construction or alteration costs, as the case may be, from the date of transmittal
of such prospectus to the Committees on Public Works of Congress, but in no
event shall the increase authorized by this subsection exceed 10 per centum of
such estimated maximum cost,
(c )In the case of any project approved for construction, alteration, or acqui-
sition by the Committees on Public Works of the Senate and of the House of
Representatives, respectively, in accordance with subsection (a) of this section,
for which an appropriation has not been made within one year after the date of
such approval, either the Committee on Public Works of the Senate or the Com-
mittee on Public Works of the House of Representatives, may rescind, by reso-
lution, its approval of such project at any time thereafter before such an appro-
priation has been made.
Id) The Committees on Public Works of the Senate and of the House of Repre-
sentatives, respectively, shall not approve any project for construction, alteration,
or acquisition under subsection (a) of this section whenever there are fifteen or
more projects which have been approved for more than one year under subsection
(a) but for which appropriations have not been made, until there has been a
rescission of approval under subsection (c) or appropriations are made which
result In there being less than fifteen such projects.
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PUBLIC BUILDINGS AND ,GROUNDS
SEC. 8 (a) In carrying out his duties under this Act, the Administrator shall
acquire real property within the District of Cohunbia eXchisively within (1) the
area. bounded by E. Street, New York Avenue, and Pennsylvania Avenue, North-
-West, on the north; Delaware Avenue, Southwest, on the east; Virginia Avenue
alid Maryland Avenue projected in a straight line to the Tidal Basin, South-
West, on the south; and the Potomac River on the west (including properties
within said area belonging to the District of Columbia; but excluding those
portions of squares 267, 268, and 298 not belonging to the District of Columbia,
the square known as South of 463, all of square 493, lots 16, 17, 20, and 21, and
808 in square 536, and lots 16 and 45 in square (335); (2) the area bounded
by Constitution Avenue on the north; the Anacostia River on the east; Inde-
pendence Avenue on the south; and Second Street, Southeast and Northeast, on
the west; and the contiguous area bounded by C Street, Northeast, on the north;
Twenty-first Street, Northeast, on the east; Constitution Avenue on the south;
and North Carolina Avenue on the west; and (3) the areas designated as
squares 11, 19, 20, 32, 33, 44, 59, 167, and 170, all of said areas being within the
District of Columbia.
(b) The purposes of this Act shall be carried out in the District of Columbia as
nearly as may be practicable in harmony with the plan of Peter Charles L'Enf ant
and such public buildings shall be so constructed or altered as to combine
architectural beauty with practical utility.
(c) Whenever in constructing or altering a public building under this Act in
the District of Columbia the Administrator determines that such construction or
alteration requires the utilization of contiguous squares as a site for such
building, such portions of streets as lie between such squares and such alleys as
intersect such squares are authorized to be closed and vacated if such closing
and vacating is mutually agreed to by the Administrator, the Board of Com-
? missioners of the District of Columbia, and the National Capital Planning Coni-
mission. The portions of such streets and alleys so closed and vacated shall
thereupon become part of such site.
SEC. 9. The Administrator is authorized to carry out any construction au-
thorized by this Act by contract, if he deems it to be most advantageous to the
United States.
SEC. 10. (a) The Administrator whenever he determines it to be necessary, is
authorized to employ, by contract or otherwise, and without regard to the
Classification Act of 1949, as amended, or to the civil service laws, rules, and regu-
lations, or to section 3709 of the Revised Statutes, the services of established
architectural or engineering corporations, firms, or individuals, to the extent
he may require such services for any public building authorized to be con-
structed under this Act.
(b) No corporation, firm, or individual shall be employed under authority of
subsection (a) on a permanent basis.
(c) Notwithstanding any other provision of this section the Administrator shall
be responsible for all construction authorized by this Act, including the interpreta-
tion of construction contracts, the approval of materials and workmanship sup-
plied pursuant to a construction contract, approval of changes in the construction
contract, certification of vouchers for payments due the contractor, and final
settlement of the contract.
SEC. 11. The Administrator shall submit to Congress each January, promptly
after the convening of Congress, a report showing the location, space, cost, and
status, of each public building the construction, alteration, or acquisition of
which has been approved under this Act and which was uncompleted as of the
date of the last preceding report made under this Act.
SEC. 12. (a) The Administrator is authorized and directed to make a continuing
investigation and survey of the public buildings needs of the Federal Government
in order that he may carry out his duties under this Act.
(b) In carrying out his duties under this Act the Administrator shall cooperate
with all executive agencies in order to keep informed of their needs, shall advise
each such agency of his program with respect to such agency, and may request the
cooperation and assistance of each executive agency in carrying out his duties
under this Act. Each executive agency shall cooperate with, advise, and assist
the Administrator in carrying out his duties under this Act.
(c) The Administrator in carrying out his duties under this Act shall provide
for the construction and acquisition of public buildings equitably throughout the
United States with due regard to the comparative urgency of the need for each
particular building.
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PUBLIC BUILDINGS AND GROUNDS
Svc. 13. As used in this Act?
(1) The term "public building" means any building, whether for single or
multitenant occupancy, its grounds, approaches, and appurtenances, which is
necessary for the functioning of a Federal agency; but shall not include
buildings (A) on the public domain (including that reserved for national forests
and other purposes), (13) on properties of the United States in foreign countries,
(C) on Indian and native Eskimo properties held in trust by the United States.
(D) on Federal lands used for agricultural, recreational, and conservation pur-
poses, (E) on river, harbor, flood control, reclamation, and power projects; hous-
ing and residential projects (F) on military installations (including any fort,
camp, post, naval training station, airfield, proving ground, military supply
depot, military school, or any similar facility of the Department of Defense) and
(0) used as hospitals under the jurisdiction of the Veterans' Administration;
and shall not include any other building the exclusion of which the President
may deem, from time to time hereafter, to be Justified in the public interest
(2) The term "Administrator" means the Administrator of General Services.
(3) The term "Federal agency" means any executive agency or any establish-
ment In the legislative or judicial branch of the Government (except the Senate,
the House of Representatives, and the Architect of the Capitol and any activities
under his direction).
(4) The term "executive agency" means any executive department or inde-
pendent establishment in the executive branch of the Government incluriing any
wholly owned Government corporation and including (A) the Central Bank for
Cooperatives and the regional banks for cooperatives, (B) Federal land banks,
(C) Federal intermediate credit banks, (D) Federal home loan banks, (E) Fed-
eral Deposit Insurance Corporations, and (F) the Federal National Mortgage
Association.
(5) The term "alter" includes repairing, remodeling, improving, or extending
or Other changes in a public building.
(6) The terms "construct" and "alter" include preliminary planning, engineer-
ing, architectural, legal, fiscal, and CCOESOIDIC investigations and studies, surveys,
designs, plans, working drawings, specifications, procedures, and other similar
actions necessary for the construction or alteration, as the case may be, of a
public building.
(7) The term "United States" includes the several States, the District of
Columbia, the Territory of Hawaii, and the Commonwealth of Puerto Rico,
SEC. 14. This Act shall not apply to the construction of any public building?
(1) for which an appropriation for construction is made out of the
$500,000 made available for construction of small public building Projects
outside the District of Columbia pursuant to the Public Buildings Act of
May 25, 1926, as amended, in the third paragraph, or for which an appro-
priation is made in the fourth, sixth, seventh, and eighth paragraphs, under
the heading "GENERAL SERVICES sumrineraerioN" in title I of the Independent
Offices Appropriation Art, 1959,
(2) which is a project referred to in the first proviso of the fifth para-
graph under the heading "GENERAL SERVICES ADMINISTRATION" in title I of
the Independent Offices Appropriation Act, 1939,
(3) for which an appropriation for direct construction by an executive
agency other than the General Services Administration of a specified public
building has been made before the date of enactment of this Act.
SEC. 15. The following previsions of law are repealed except as to their appli-
cation to any project referred to in section 14:
(1) Section 6 of the Act of September 1, 1916, as amended (40 U.S.C. 23).
(2) The first section of the Act of March 4, 1911, as amended (40 U.S.C. 24).
(3) The first section of the Act of July 15, 1870. as amended (40 U.S.C. 32).
(4) Section 9 of the Act of March 4, 1007, as amended (40 U.S.C. 33).
(5) The Act of March 3, 1883, as amended (40 U.S.C. 59).
(6) Section 2 of the Act of June 23, 1874, as amended (40 U.S.C. 254).
(7) The first section of the Act of March 2, 1889, as amended (40 U.S.C. 260).
(8) The first section of the Act of March 4, 1009, as amended (40 U.S.C. 202)?
(9) The first section of the Art of August 7, 1882, RR amended (40 U.S.C. 2(33).
(10) Section 5 of the Act of March 4. 1913, as amended (40 U.S.C. 264).
(11) Section 35 of the Act of June 25, 1910, as amended (40 U.S.C. 265).
(12) Section 3734 of the Revised Statutes of the United States (40 U.S.C. 267).
(13) The first section of the Act of March 2, 1889, as amended (40 U.S.C. 268).
(14) The first section of the Act of March 2, 1895, as amended (40 U.S.C. 274).
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PUBLIC BUILDINGS AND GROUNDS
(15) The first section of the Act of July 1, 1916, as amended (40 U.S.C. 275).
(16) The first section of the Act of June 6, 1900, as amended (40 'U.S.?. 276).
(17) The first section of the Act of August 5, 1892, as amended (40 U.S.C. 277).
(18) The Act of March 3, 1887, as amended (40 U.S.C. 278) .
(19) The first section of the Act of July 1, 1916, as amended (40 U.S.C. 282).
(20) Section 301 of the Act of June 16, 1949, as amended (40 U.S.C. 297).
(21) Section 302 of the Act of June 16, 1949, as amended (40 U.S.C. 297a).
(22) Section 401 of the Act of June 16, 1919, as amended (40 U.S.C. 298).
(23) Section 406 of the Act of June 16, 1949, as amended (40 U.S.C. 298c).
(24) The Act of May 26, 1926, as amended (40 U.S.C. 341 and the following).
(25) The first section of the Act of December 22, 1927, as amended (40 U.S.C.
342a).
(26) Section 3 of the Act of January 13, 1928, as amended (40 U.S.C. 348).
(27) The Act of March 31, 1930, as amended (40 U.S.C. 349).
(28) The Act of June 27, 1930, as amended (40 U.S.C. 350).
(29) Section 101 of the Act of June 16, 1949, as amended (40 U.S.C. 352).
(30) Section 102 of the Act of June 16, 1949, as amended (40 U.S.C. 353).
(31) Section 103 of the Act of June 16, 1949, as amended (40 U.S.C. 354).
(32) Subsection (e) of the first section of the Act of March 31, 1930, as
amended (40 U.S.C. 350a).
Mr. KLUCZYNSKI. For the benefit of those who may be interested in
section 8, which relates to the proposed East Mall, I want to announce
that the committee will amend the bill to delete this proposal. The
matter of the East Mall will be handled in separate legislation later.
Because of other commitments, our chairman, Robert E. Jones of the
Subcommittee on Public Buildings and Grounds, is unable to be here
for the opening of this hearing, although he is the author of the Pub-
lic Buildings Act of 1959. He has asked me to read this statement
with two objectives: to expedite this hearing and to explain in simple
terms what this proposed legislation hopes to accomplish.
I am happy to report that our distinguished colleague, the Honor-
able Gardner R. Withrow of Wisconsin, has introduced a similar bill,
making this legislation bipartisan.
Briefly, the main purposes of the Public Buildings Act of 1959 are
to facilitate the construction quickly, at the least possible cost, of Fed-
eral buildings in communities around the country where an urgent
need for them has been apparent for some years. Legislation re-
latino.b to public buildings under the Federal jurisdiction is a patch-
work of measures going back to June 6, 1902, when the first overall act
was passed by the Congress. Basic authority for direct construction
through appropriation for Federal buildings dates from the Public
Buildings Act of 1926. A thorough study of the various pieces of
legislation enacted in the past 55 years has been made by this com-
mittee, and the proposal before us today is a studied attempt to clarify
what is good in existing legislation and incorporate it into a new meas-
ure which takes into account current practices and conditions.
Before proceeding with a more detailed explanation of the act, I
believe I should pause here to make an announcement which I am
sure is of more than passing interest to the District of Columbia,
and especially residents and real estate operators in the area just east
of the Capitol Building.
The majority and minority on the committee have agreed that the
section in the Public Buildings Act of 1959 which 'provided a taking
area of buildings and sites for development of an East Mall from the
Capitol Plaza to the Anacostia River will be deleted. It was con-
40349-59-2
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PUBLIC BUILDINGS AND GROUNDS
ceded that the East Mall proposal is not truly germane to the legisla-
tion before us.
In the future, if development of an East Mall is advanced again, it
will be given separate consideration with adequate oportumty for
local District of Columbia residents to he heard. Committee mem-
bers have agreed also that, any proposals about an East Mall shall
be drafted by majority and minority members. Consequently, the
East Mall proposal will not be advanced for consideration before
the commitee at. this time.
The salient feature of this legislation we are to consider is that it
repeals the Public Buildings Act of 1926, but would retain all pro-
visions of the older measure which have proven workable and neces-
sary for public buildings construction. The 1926 act had hardly
begun to function when the great depression came and lasted until the
advent of World War U. in 19:39. During the depression, it will be
recalled, all Federal building was done under emergency conditions
and legislation and most of it. was supervised by the Public Works
Administration. Then during the war period, from 1939 to 1949,
construction of Federal buildings was almost suspended.
During these periods of national stress and emergency the func-
tions of the Federal Government expanded enormously. Growth of
Government paralleled the. expansion of the. national business and
industrial complex, coupled with an unprecedented population in-
crease. We witnessed the paradox of a growing Federal Government
with a declining, obsolescent physical plant in which to house it.
It is true that Congress did take steps to remedy these conditions.
We got the Public Buildings Act of 1049, which authorized $40 mil-
lion for planning and site acquisition outside of the District, of Co-
lumbia and $30 nidlionfor improvement of existing Federal buildings.
Public Law 152 created the General Services Administration,
.nistration, which
wisely consolidated scattered functions relating to. Federal construc-
tion and maintenance of buildings. The last significant change, in
public buildings construction law came in 1954, with enactment of the
so-called lease-purchase. program. For all practical purposes this
expired in July of 1957, when Congress failed to renew it..
So, this necessarily brief outline reveals that for a 30-year span
there. has been no concerted, direct action taken by the Congress to
examine existing legislation relating to Federal buildings, or to
establish efficient procedures to bring about, a badly needed building
program to benefit. the Federal Governinent and the Nation at large,
where so many Federal functions are housed and in operation.
The Public Buildings Act of 1959 grants to the Administrator of
General Services the needed authority to construct, alter, repair and
improve public buildings, including the authority to acquire sites
and buildings. This provision is merely a restatement of the. author-
ity given in the act of 1926 and subsequent legislation.
Section 7 of the legislation represents a major change in the. laws
governing direct appropriation contruct ion of public buildings. Its
general provisions are that no appropriation be made for construction,
alteration or improvement of buildings or acquisition of buildings
or sites, until approval has been given by the Public Works Commit-
tee of the Senate and House.
The Administrator would be obligated to submit to the committees
of both Chambers detailed prospectuses for approval. He would be
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PUBLIC BUILDINGS AD GROUNDS 7
permitted to increase the cost of a project above the approved cost
when necessary, but not to exceed 10 percent. The Public Works
Committees would be impo wend to rescind theirapproval if no
appropriation had been made for an approved project after a year
from the date of authorization. The committees would be prohibited
from approving further projects when there are more than 15 proj-
ects which have been pending for more than 1 year for which appro-
Priations have not been made.
Also required under this legislation would be an annual report to
Congress on uncompleted public buildings The Administrator of
General Services would be empowered to hire temporary services
of architects and engineers, either in firms or as individuals, to com-
plete construction. A closer liaison between General Services and
the Congress would result.
Public buildings for which appropriations were made in the In-
dependent Offices Appropriations Act of 1959 and the lease-purchase
projects specified in that act would not be subject to provisions of the
Public Buildings Act of 1959, but are to be completed in accordance
with the laws applicable to them.
The last part of the legislation before us now repeals a number of
older laws which are obsolete, or are in duplication or in conflict
with the provisions of this new measure. Some amendments are neces-
sary to this section which will be offered in executive session.
This proposed legislation has been carefully drawn and we believe
that it is not only necessary, but.that it will meet with the approval of
this committee and the Congress. We all desire efficiency and practi-
cality in our Federal Government functions, and giving our Gov-
ernment suitable and adequate housing can contribute greatly to this
desired goal. Passage of the Public Buildings Act of 1959 can have
the tonic effect on our Federal construction program that it has needed
for some years.
Our first witness is the distinguished Mr. Floete, who is Adminis-
trator of the General Services Administration.
? We are glad to have you here this morning, Mr. Floete.
Mr. Wrriniow. Mr. Chairman, I would like to make just a brief
statement I have here.
II.R. 5404 introduced by Mr. Jones, is intended to provide a co-
ordinated public buildings program, and thereby provide a new
procedure for remedying a troublesome situation. This is an objective
in which the Members of both sides generally concur. As evidence
of my agreement with this objective, I have introduced an identical
bill, KR. 5453.
The bills before the committee will serve as an excellent starting
point for the development of a Public Buildings Act that will be a
bipartisan approach and be reported from the Committee on Public
Works with the united approval of the committee.
It is my hope that all members of the committee will actively par-
ticipate in the consideration of the proposed legislation to the end
that the final committee version will be the best bill possible of enact-
ment. Each member will have an opportunity to discuss his views in
the committee and suggest any improvement be thinks desirable. My
consultations with Mr. Jones regarding this legislation indicate that
he shares this viewpoint.
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8 PUBLIC BUILDINGS AND GROUNDS
This should result in the kind of public buildings law that we all
etinieStly Beek.
Mr. M.ucz.x.ssiii. Thank you, Mr. Withrow.
As I stated earlier on behalf of Mr. Jones, we are happy to report
that our distinguished hed colleague, the Honorable Gardner It' . Withrow,
of Wisconsin, 11Es introduced a similar bill, making this legislation
bipartisan.
Our first witness will be Mr. Floete, Administrator of the General
Services Administration.
STATEMENT OF FRANKLIN 0 FLOETE, ADMINISTRATOR, 0E/TERAL
SERVICES ADMINISTRATION, ACCOMPANIED BY LAWSON B.
KNOTT, DEPUTY COMMISSIONER, PUBLIC BUILDINGS SERVICE;
70E E. MOODY, ASSISTANT COMMISSIONER FOR ACQUISITION AND
DISPOSAL, PUBLIC BUILDINGS SERVICE; AND J. H. MACOMBER,
GENERAL COUNSEL
Mr. FLOETE. Mr. Chairman and gentlemen of the committee, I have
no formal statement, but we have our comments here on this bill which
we would like to submit to the committee at this time.
Afx, KLUCEX.N!X..L Are they favorable?
Mr. FLOETE. Wel,i, with some suggestions that I think would im-
prove the act.
With your permission, I would like just a moment to review the
public buildings program that was really initiated before this com-
mittee as much as 4 years ago under the Lease-Purchase Act. It will
take but )1. moment and I think it will give you a picture of what
ha_uone on during that period.
You will recall that under the Lease-Purchase Act, approximately
97 projects were authorized. Then there were added through other
means some seven or eight more. So over the last 2 or 3 years we
have been working on a program of approximately 105 projects. Of
those 105, 28 were placed under the lease-purchase program. Those
are all under construction, or have been completed. Seventeen are
now under contract under direct appropriations made last year.
Thirty-three more are not under contract, but 25 of them will be
laced under contract. between now and July 1, and the remaining 8,
because of delay largely in completing the plans, will be completed
ad put under contract early in fiscal year 1960.
In addition to that, there are 21 of those projects which were
approved under the Lease-Purchase Act which have not yet been
funded. So, of course, on those in most instances we have acquired
the sites and we have employed the architects, so that progress is
being made as to those 21, but. as yet we have no funding for them.
Then there were four, or five smaller projects, some of which we
will not complete.
The total program of those 105 projects amounted to $802,992,704.
Of that amount, $253,225,000 has been funded, leaving a balance un-
funded of $549,767,704.
Looking ahead, we anticipate that there is a very reasonable neces-
sity for new construction during the period from 1960 through 1965?
that would be 5 year-, of about $13/4 to $2 billion, to keep the Federal
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plan in good shape and to take care of the growing needs. That
would be at the rate of approximately $350 million a year.
Looking ahead still further up to 1975, which is a long time, we
think that the program could well be justified on the basis of about $4
billion.
Looking ahead for the balance of this year, if the bill before
this committee this morning or some similar bill should become law,
we believe that there are a considerable number of well-justified
projects which we could immediately submit for your consideration.
This list is not firm, but we are certain that we might have as many
as 100 projects to submit at once after the bill became law.
Mr. KLUCZYNSKI. You mean projects now authorized coming be-
fore this committee?
Mr. FLOETE. No. They would come before this committee for au-
thorization?projects that are not now authorized at all. The general
trend of construction in the last 12 months has been quite satisfactory
as to price. We have rather consistently run under our estimates
of cost, or under the authorized cost given us by the Congress; not
very much, but the trend has been quite satisfactory as far as we are
concerned. We have been able to place, I think, every project under
contract on which we have taken bids. The cost of the projects to
date, I think, has also been quite satisfactory.. I am just speaking in
averages here, but I think all of these projects we now service, of
them some 45 are under contract, which gives a pretty good picture,
and they have averaged just about $20 a square foot?some of them
a little less and some of them a little more. However, that has been
about the average, and I think that is a very reasonable price.
Mr. Chairman, that is the general picture.
Turning to the bill itself, we have submitted what we have to say
embodied largely in this letter.
I would like to say at the beginning that we think it is highly
necessary a bill such as this be made law. In addition to the very
excellent statement made by the chairman and Mr, Jones' published
statement in the 9th of March Congressional Recordi there are two
points that I think are important. One is that a bill such as this
would eliminate any question as to whether the authorization under
the old 1926 act still carries any dollars in it. There was in that act
a specified amount which was authorized to be appropriated. It is
our best judgment that the amount has been exceeded slightly. So
that makes, of course, any appropriation subject to a point of order, as
I understand it.
Secondly, the bill sets up an orderly procedure for authorizing con-
struction programs based on the highest need, rather than the present
method of introduction of separate bills, which do not always have
a direct relation to the actual need.
So we feel strongly that a bill such as this is necessary. The details
of the bill we have commented on in this letter' which I will proceed
to read at this time. This is dated April 29, 1959, and it is addressed
to the Honorable Charles A. Buckley, chairman' Committee on Public
Works, House of Representatives, Washington, D.C., and states:
DEAR M. CHAIRMAN : Your letter dated March 13, 1959, requested the views
of this agency on H.R. 5404, 86th Congress, a bill to provide for the construction,
alteration, and acquisition of public buildings of the Federal Governinent, and
for other purposes.
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This bill would authorize a broad basis and procedure for meeting the space
needs of the Federal Government threugh purchase, construction and alteration
of buildings. The bill would repeal the Public Buildings Act of May 25, 1926,
as amended, portions of the Public Buildings Act of June 16, 1949, as amended,
and other miscellaneous acts giving ,authority to the General Services Admin-
istration with respect to the design, construction, extension, operation, and
repair of Federal public buildings. It wonid authorize the purchase of buildings,
new construction and alteration of existing buildings to accommodate Federal
space requirements under an overall program in accordance with the greatest
need. It Would also provide for congressional approval of such projects.
We believe that ,there is a need for enactment of general legislation which
Would provide for a basis for the development and implementation of future
building construction programs composed of individual construction projects
determined to be required to house the activities of the executive branch.
,However, we believe the bill should be amended in certain respects in order
that its objectives may be accomplished most satisfactorily and permit GSA
to del expeditiously with the problem of constructing, altering, or acquiring
'Space for Federal agencies.
Adoption of the afnenclments hereinafter recommended would substantially
conform rt.B. 5404 to a proposed bill which we have had under consideration
for some months.
As.clrefted, sections 4 and 7 of JIB. 5404, would require, as a prerequisite
to approprilition Of 'funds, House and Senate Public Works Committee approval
of all proposed new construction projects, regardless of amount, and of all
prdposed projects for "repairing, remodeling, improving, or extending or other
changes,in e public building," thrall-Eng expenditures in excess of $250,000.
These requirements would involve the Congress in .a myriad of administrative
detail affecting literally thousands of construction, extension and repair proj-
ects. We-believe that such a requirement would unnecessarily burden the Con-
gress With administrative responsibilty, and, unavoidably, delay performance
of t4 purposes for which the proposed legislation is intended. On the other
hand, we recognize that it, Is entirOy.Appropriate for the, Congress to require
etirrent reports to It of significant arcomplishmente by the executive branch
in the discharge of major responsibilities vested in it by the Congress.
Accordingly, we recommend that section 7 of the bill be revised so as to
repoire a report to the Congress ,of proposed major accomplishments under
the bill as a prerequisite to appropriation of funds thereynder, in lieu of the
present requirement of section 7 that each project be made the subject of an
approval resolution adopted by the Senate and House Committees on Public
Works.
Iii an' event we recommend the followilig changes in the bill so as to exclude
from its present project approval remdrementa or from the proposed reporting
requirements (1) the relatively small new construction projects, and (2) the
more routine repairing, remodeling, improving and extending projects and other
changes in existing public buildings, proposed to be accomplished under the
bilL
On page 4, line 13, after the words "public building," add "Involving an expendi-
ture In excess of $250,000,"; on page 2, line 3, delete "(a)" and delete lines 7,
8 and 9; on page 4, line 11, delete "except as provided in section 4,"; on page 4,
line 12, delete "or alter"' on page 4, line 14, delete ", alteration,"; on page 4, lines
20 and 21, "public building" and substitute "project"; on page 4, line 23, delete ",
altered,"; on page 5, lines 18 and 19, delete altered,"; on page 5, line 21, delete
"or alteration" and substitute "project"; on page 5 line 24, delete "or alteration"
and "as the ease may"; on page 6, line I, delete "1;e," ; on page 6, lines 6 and 17,
delete ", alteration,"; on page 9, line 17, delete ", alteration,".
Subsection 7(a) (2) requires that the prospects which is submitted to the
Committee ,on Public Works of the Sent, te and House of Representatives include
"the location of the site and the reasons for its selection, and an estimate of the
maximum cost of site .and building ;". This might be construed to require that a
particular parcel of land be selected in advance and identified specifically in the
prospectus submitted. *Suett.a reenirement undoubtedly would work adversely
to the interest of the rutted States by giving rise to_specallat ion and driving up
land costs before the project Is Approved and funds made available for the land
purchase. To obviete this possibility, on page 4, line 24, delete the words "the
leeation of the site and the reaeona for"; on page 5, line 1, delete the words "its
seleetton, and": and on page 5, line 2, delete the words "site and building" and
illicit "the project."
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PUBLIC BUILDINGS AND GROUNDS ii
Subsection 7(a) (3) on page 5 requires "a certificate of need for space signed by
the head of the Federal agency or agencies which will use the facility.". This re-
quirement duplicates the requirement under subsection 7(a). (4) for inclusion in
the prospectus of a comprehensive space plan for the community. It is recom-
mended therefore that subsection 7(a) (3) be deleted and subsequent subsections
be renumbered accordingly.
There are certain projects which have heretofore been approved under sub-
section 411(e) of the Public Buildings Act of 1949, as amended, and the Inde-
pendent Offices Appropriation Act of 1950, for which funds have been provided
for sites and design but not for construction. Enactment of this bill without ex-
pressly exempting such projects from its scope might jeopardize the authoriza-
tion for an appropriation of construction funds for these projects. To remove
this possibility it is recommended that there be added to section 7 the following
new subsection (e) ; "This section shall not apply to public building projects for
which approval was given prior to the date of enactment of this Act by the
Committees on Public Works of the Senate, and the House of Representatives, re-
spectively, in accordance with subsection 411(e) of the Public Buildings Act of
1949, as amended."
Siffisection (1) of section 1.3 of the bill defines the term "public buildings" so
as to encompass all buildings "necessary for the functioning of a Federal agency"
except certain buildings and construction projects specified at items (A) through
CO). The definition also authorizes additional exclusions as the President deems
in the public interest.
- This is a broad, sweeping definition which would bring within the scope of
the bill many classes and types of Federal structures such as hospitals, lab-
oratories, research centers, libraries, museums, penal and correctional institu-
tions, air traffic control centers, and many other special purpose buildings which
are an integral part of the program needs and responsibilities of the agencies
charged with their occupancy, use or operation. Historically, the provision of
such special purpose Federal facilities has not been the responsibility of Gen-
eral Services Administration or its predecessor agencies.
Accordingly, we recommend that the definition of the term "public building"
as used in the bill be revised so as to limit the scope of the bill to buildings
generally suitable for office and storage use of the classes normally within the
control of General Services Administration. This may be accomplished by de-
leting lines 15 through 25 on page 10, and lines 1 through 8 on page 11, and
inserting in lieu thereof the following:
"(1) (A) The term 'public building' means any building, whether for single or
multitenant occupancy, its grounds, approaches, and appurtenances, which is
generally suitable for office or storage space or both for the use of one or more
executive agencies or mixed ownership corporations, and shall include: (i) Fed-
eral office buildings, (ii) post offices, (iii) customhouses, (iv) courthouses, (v)
appraisers stores, (vi) border inspection facilities, (vii) warehouses, (viii) rec-
ord centers, (ix) relocation facilities, and (x) similar Federal facilities; and
also shall include any other buildings or construction projects which the
President may, from time to time, designate.
"The term 'public building' shall not include buildings and construction proj-
ects: (I) on the public domain (including that reserved for national parks,
national forests and other purposes), (11) on properties of the United States in
foreign countries, (iii) on Indian and native Eskimo properties held in trust
by the United States, (iv) on Federal lands used for agricultural, recreational
and conservation purposes, (v) on river, harbor, flood control, reclamation and
power projects, (vi) housing and residential projects, (vii) on military instal-
lations (any fort, camp, post, naval training station, airfield, proving ground,
military supply depot, military school, or any similar facility of the Department
-of Defense) ; and shall not include any other buildings or construction projects
the exclusion of which the President may, from time to time, designate."
It is believed that the bill should contain provision for delegation to other
agencies by the Administrator of General Services of the authorities therein
vested in him with respect to minor construction projects, and where the Ad-
ministrator determines that such delegation will promote economy and efficiency.
To accomplish this we recommend addition of the following new section as new
section 15 with appropriate renumbering of the remaining sections:
"SEc. 15. The performance, in accordance with standards established by the
Administrator of General Services, of the responsibilities and authorities vested
in him under this Act shall, upon request, be delegated to the appropriate exec-
utive agency where the estimated cost of the project does not exceed $100,000,
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PUBLIC BUILDINGS AND GROUNDS
and may be delegated to the appropriate executive agency where the Admin-
istrator of General Services determines that such delegation will promote effi-
ciency and economy."
The bill does not contain an express authorization for the appropriation of
funds to carry out its purposes. Accordingly, we recommend that the following
new section be added as new section 16, with appropriate renumbering of the
remaining sections:
"Sze. 16. There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act. Appropriations for sites
and planning are authorized prior to approval of projects as required by sec-
tion 7 of this Act, but any funds so appropriated for the acquisition of sites or
the planning of buildings may not be obligated with respect to any project
not so approved. The appropriation of funds for sites and planning or for
construction and acquisition of buildings shall constitute the making of an
appropriation for the projects included therein within the meaning of subsec-
tions 7(c) and 7(d) hereof."
In addition to the foregoing, the following minor clarifying and correctional
amendments are recommended:
(1) The word "this" in line 9, page 10, should be corrected to read "his."
(2) In line 24, page 8, after the word "of" add the words "specialists and".
(3) At the end of line 1, page 9, add the words "or altered".
(4) On page 10, the word "executive" in lines 1, 5, and 6, should be replaced
by the word "Federal" to achieve consistency with other provisions of the bill.
(5) Page 12, line 3, after the word "Include" add the words "site acquisition,".
(6) Page 4, line 6, delete the word "site" and substitute therefor "project".
(7) Page 4, line 6, delete the words "for such purpose".
(8) Page 10, line 8, after the word "Act" insert "I18 required by him".
Subject to the amendment of all. 5404 as herein recommended the General
Services Administration favors its enactment.
The comments and recommendations contained herein concerning H.R. 5404
equally are applicable to H.R. 5453.
There will be no expenditure of public funds under this legislation until ap-
propriations are made by Congress in the customary manner.
The Bureau of the Budget has advised that there is no objection to the sub-
mission of this report to your committee.
Sincerely yours,
rEANIEL121 FLOETE, Administrator, GRA.
Now, Mr. Chairman, I can point out the specific items in which we
depart from this particular bill, if that is the way you would like to
have me proceed from here on.
Mr. KLUCZYN8R.I. You make the comments on the bill and whether
you are for or against them, or have any proposed amendments.
Mr. FLorrn.Yes we do, sir.
If I may speak of the bill by sections, perhaps that would be best.
Mr. KLUCZYN81(1. You may explain it in any way you wish.
Mr. FLorrn. On page 2 of the bill we would propose the elimination
of section 4(b).
Mr. ICLUCZYN8KL Is that on line 7?
Mr. FLOETE. Yes. Lines 7, 8, and 9. It reads:
No approval under section 7 shall be required for any alteration and acquisi-
tion authorized by this section the estimated maximum cost of which does
not exceed $250,000.
Our principal objection?and it is basic throughout this thing?is
that we do not believe it is a good idea to have alterations included
in a bill of this nature. We have a great many alterations, since we
have some 41600 buildings for which we have the responsibility of
making repairs, and those 4,000 buildings have an area of some 171/2
million square feet. So we have a very extensive program of repairs
and alterations.
For instance this present year we are spending $75 million in that
way. We thin if the committee gets into all of those it is going to.
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PUBLIC BUILDINGS AND GROUNDS 13
find they are pretty much of a headache. For instance, this year we
have 50 such projects that are in excess of $250,000, and each one
would have to come to this committee under this bill.
Last year we had 49. In addition to that, we cannot make this kind
of a program absolutely precise because we May say this time that we
should repair a building in Madison Wis., for instance, and we may
find later that is more necessary that we spend the money for re-
pairing a building in Milwaukee. I am picking out Wisconsin be-
cause I used to go to school there. But I think it is just a practical
objection which would involve this committee in a lot of unnecessary
work. So we do suggest the elimination of the alterations from this
bill.
We have no comments to make on the rest of pages 2 or 3 of the
bill.
Mr. KnticzNsf_ci. Mr. Floete, before you continue, what is your
main objection to section 4(b) ? The amount of $250,000?
Mr. FLOETE. We think the amount?we do no think that altera-
tions should be in the bill.
Mr. KLITCZYNSKI. Oh, no alterations at all?
Mr. FLOETE. That is right.
Mr. KLIJCZYNSKI. Even if it is unlimited?
Mr. FLOETE. Yes.
Mr. McFAnn. What about acquisition? That is another phrase in
there. What is your comment on that? If there is any alteration or
acquisition?
Mr. FLOETE. We think that applies to alteration. We think it
refers to the alteration.
Mr. KLUCZYNSKI. Mr. Floete, so that it is understood, we are very
happy to have you here and have you call our attention to this section
4(b),- but this was drafted after consultation with the General Serv-
ices dministration lawyers and the General Accounting Office law-
yers. If there are any chancres or if there is anything wrong with
the bill we will be happy to have them ironed out in executive ses-
sion. However, we are very happy to have you here and have you
give us your ideas of what should be done with the bill.
Mr. FLOETE. Yes. We know we did work with your staff and this
matter was discussed, but I think our position has been right along
that the alterations should not be in the general construction bill.
Mr. KrarczyNsKi. We are very happy to have your ideas on that
subject.
Mr. FLOETE. The next important comment we have to make relates
to section 7 on page 4 of the bill. We covered this point in our letter
by saying as follows., which expresses our position:
As drafted, sections 4 and 7 of H.R. 5404, would require, as a prerequisite to
appropriation of funds, House and Senate Public Works Committee approval of
all proposed new construction projects, regardless of amount, and of all proposed
projects for "repairing, remodeling, improving, or extending or other changes
in a public building," involving expenditures in excess of $250,000.
I have already spoken of the alteration feature. We also believe it
is somewhat questionable if this committee should be concerned about
small projects. We regard as small any projects under $250,000. I
am speaking now of a complete building. So we would sugost as to
buildings costing not in excess of $250,000 that they be eliminated
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14 PUBLIC BUILDINGS AND GROUNDS
from the committee's consideration, and that we be permitted to go
ahead when such cases come up. There are very few of them, because
with building costs even at $20 a square foot, that only means a build-
ing of 12,000 square feet, which is today a pretty small building.
Actually, out of these 105 projects that I referred to earlier, only
one of them was under $250,000. So we are just. suggesting this. It
is not a vital thing with us, but it seems to me if this bill were reformed
to provide only for buildings in excess of $250,000, that it might be a
little more workable.
The next point, again relating to section 7, does bring up an impor-
tant difference that we, representing the administration, have in this
matter. We believe that such a requirement as is incorporated in the
bill would unnecessarily burden the Congress with administrative
responsibility and, miavoidably, delay performance of the purposes for
which the proposed legislation is intended. On the other hand, we
recognize that it is entirely appropriate for the Congress to require
current reports to it of significant accomplishments by the executive
branch in the discharge of major responsibilities vested in it by the
Congress.
Accordingly, we recommend that section 7 of the bill be revised so
as to require a report to the Congress of proposed major accomplish-
ments under the bill as a prerequisite to appropriation of -funds there-
under, in lieu of the present requirement of section7 that each project
be made. the subject of an approval resolution adopted by the Senate
and House Committees on Public Works.
Mr. McFALL. Where are you reading from in your letter, Mr.
Floet e ?
Mr. ItIorrE. On page 2 of the. letter, I have just read the second
and third paragraphs.
Then again referring to section 7, we believe that the bill as written
unnecessarily and I believe inadvertently circumscribes us in selecting
a site. That is, the bill says: "The location of the site and, the reasons
for its selecting. * * *" We do not think it is good business to divulge
in advance just what particular site we have in mind, I mean, the
location in a block, for instance, because it gives the speculators a
chance to take advantage of the fact. It has never been done, so what
we think the. committee means is the town in which the project is to be
built, rather than the location in the town.
Mr. KLUCZYNSKI. Mr. Floete, is that not the trouble we ran into
in Chicago an that new Federal building, as to the site ?
Mr. FLOETE, Well, there we had latitude. We could select it at any
place in the city.
Mr. KLUCZYNSKI. That is right.
Mr. FLOETP- But under this language we think when we submit a
project. to you we would have to be saying that it is going to be lo-
cated at. 113 Adams Street. And we do not think that would be good.
Mr. KLUCZYNSKI, Yes.
Mr. FIXIETE. So we merely suggest that that language on the bottom
of page 4 of the bill, where it says "the location of the site and the
reasons for its selection * * *" be changed to an estimate of the maxi-
mum cost of the project.
Then, secondly, that in line. 20 on page -1 we substitute the word
"project" for the Nvords "public building," which would mean we
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PUBLIC BUILDINGS AND GROUNDS 15
would then say here is a project to be built at such-and-such a town in
such a State without saying where it is going to be.
I think that is a rather minor thing, but still it is important.
We also suggest the elimination of subparagraph (3) at the top
of page 5, which reads:
a certificate of need for space signed by the head of the Federal agency or
agencies which will use the facility;
We suggest that, as I stated in my letter in the first full paragraph
at the top of page 3:
Subsection 7( a) (3) on page 5 requires "a certificate of need for space signed
by the head of the Federal agency or agencies which will use the facility,".
This requirement duplicates the requirement under subsection 7(a) (4) for inclu-
sion in the prospectus of a comprehensive space plan for the community. It
is recommended therefore that subsection 7(a) (3) be deleted and subsequent
subsections be renumbered accordingly.
You see, we had this requirement originally in the Lease-Purchase
Act. We found that it was very unworkable. In the first place, the
need changes. So we may submit, as we did under the Lease-Purchase
Act, these projects with certificates from agencies and several years
went by and the needs changed, so the same agencies did not have the
need for the occupancy of space in that building.
Two years ago we introduced legislation which would have ex-
tended the Lease-Purchase Act, and it did pass the Senate. In that
version we eliminated the certificate and simply put in a statement,
"a comprehensive plan for the need" as developed in subparagraph
(4) on page 5.
There are some changes in numbering and some changes in minor
language in the next few pages. Then the next major comment we
have is at the bottom of page 6 in the bill. This does not go to the
basic part of the act, but it is simply an improvement to take care
of a situation. We cover that in the third full paragraph or the
middle paragraph on page 3 of the letter, in which we say:
There are certain projects which have heretofore been approved under sub-
section 411(e) of the Public Buildings Act of 1949, as amended, and the Inde-
pendent Office Appropriation Act of 1959, for which funds have been provided for
sites and design but not for construction.
I referred to those 21.
Enactment of this bill without expressly exempting such projects from its
scope might jeopardize the authorization for an appropriation of construction
funds for these projects. To remove this possibility it is recommended that
there be added to section 7 the following new subsection (e) : "This section shall
not apply to public building projects for which approval was given prior to the
date of enactment of this Act by the Committee on Public Works of the Senate,
and the House of Representatives, respectively, in accordance with subsection
411(e) of the Public Buildings Act of 1949, as amended."
This is simply to correct a situation which might otherwise cause
us some complication.
We have no comments on page 7 and none on pages 8 or 9, except
for very minor word changes. Then in section 13 on page 10 we do
have a suggestion. We go along with the general language, but we
feel that there are reasons why the change which we have suggested on
page 3 in the third paragraph from the bottom should apply:
Subsection (1) of section 13 of the bill defines the term "public build-
ings." * * *
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Your bill is very, very broad. It covers all of the buildings. I
recognize that may be a desirable objective, but just as a practical
matter, I think it would lead to a great deal of trouble, and I think a
great deal of opposition from other agencies. Actually. I feel as to
certain special-purpose type of construction, certain of the other
agencies are better fitted to do it than the General Services Adminis-
tration. We believe that our work should be confined to warehousing
and general office space. for all agencies. That is a very large field,
and, therefore, we feel that there should he a change in this language.
The net effect of it is that it would define General Services Adminis-
tration buildings in the following terms:
Accordingly, we recommend that. the definition of the term "public building"
as used in the bill be revised so as to limit the scope of the bill to buildings
generally suitable for office and storage use of the classes normally within the
control of General Services Administration. This may be accomplished by
deleting lines 15 through 25 on page 10, and lines 1 through 8 on page 11, and
inserting in lieu thereof the following:
"(1) (A) The term 'public building' means any building; whether for single or
multitenant occupancy, its grounds, approaches, and appurtenances, which is
generally suitable for office or storage space or both for the use of one or more
executive agencies or mixed ownership corporations, and shall include: (i) Fed-
eral office buildings, (II) post offices, (Ili) customhouses, (iv) courthouses, (v)
appraisers stores, (vi) border inspection facilities, (vi!) warehouses, (viii) rec-
ord centers, (ix) relocation facilities, and (x) similar Federal facilities; and
also shall include any other buildings or construction projects which the Presi-
dent may, from time to time, designate.
That somewhat restricts the buildings we have, gentlemen, but still
it is a very, very large field, and I think the concluding sentence is a
desirable one because of conditions changing always, and it is impos-
sible to determine so far advanced just what might be advisable.
Therefore we have added that clause. which would give the President
the right to designate other types of buildings.
Then we go and we follow the language exactly as you have it as to
exempt properties. We follow that exactly and we merely add another
clause at the end which would state--
and shall not include any other buildings or construction projects, the exclusion
of which the President may, from time to time, designate.
This simply gives the President the right simply to add to or sub-
tract from. We think it is a good, sensible provision.
Mr. McFALL. I understand, Mr. Floete, that one of the reasons for
the drafting of this particular provision and the way that it has been
drawn to bring buildings like the CIA has built, ana the Atomic En-
ergy Commission has built, and like the Space Agency would like to
build, under this act, so that the Public Works Committees of both
Houses of Congress can oversee their activities. Would your sug-
gested language cover those specific cases?
Mr. FLOETE. Well, I think this: There have always been exceptions.
For instance, we have nothing to do with construction on military
posts, and I do not think we should have. That is a definite exclusion
in here.
Mr. McF.u.r.. That is excluded in the language of the bill too, is it
not?
Mr. FLOETE. Yes, it is in the bill too. Really the only change we
made here is to suggest that the President have some latitude in adding
to or subtracting from. That is the net effect of this and I think it
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is a good thing because I do not think you can determine for years
in advance just how it ought to be.
Mr. McFALL. That is the only real difference in your language from
the language of the bill?
Mr. FLOETB. I think we restricted it a little bit, but only a very, very
minor way. When you give the General Services Administration
authority to build Federal office buildings, post offices, customhouses,
courthouses, appraisers stores and all of those things, you have cov-
ered the bulk of it. Once in a while a special thing comes up like
the AEC. At that time when it came up the President would have
to decide whether they would do it or not. That is about the size
of it. Generally, this embraces a very broad field and to us it would
be a very satisfactory method of handling it.
Mr. McFALL. You said one of the changes you have suggested is
the right of the President to make certain withdrawals or changes.
What are the others? Can you put it in kind of a nutshell for us?
You said there are a couple of more.
Mr. FLorrn. This is Mr. Moody, my Assistant Commissioner for
Acquisition and Disposal, who worked very extensively on this bill.
Mr. MOODY. General I would say that our change would put all
buildings that are generally suitable for office, storage and related
uses2 except those expressly excluded, under the General Services Ad-
ministration, and leave the very special-purpose-type structures out-
side of the scope of this bill; but provide a method by which the Pres-
ident could put them under the bill if he felt that that was the best
thing to do under the circumstances.
The specific type of building you asked a question about, Mr. Mc-
Fall, I believe would fall under this bill if it were an office building
such as the Atomic Energy Commission Building, or the office build-
ing for the Central Intelligence Agency.
Mr. McFALL. It would fall under your responsibility?
Mr. MOODY. Yes. While if it were a research laboratory, for ex-
ample, conducted by the Atomic Energy Commission at some remote
location, perhaps it would not come under our bill. That is the basic
difference.
Mr. 1VIGFALL. And the CIA as well?
Mr. MOODY. The CIA as well. Their office building here will be
built by us now even though the funds may not have been appropriated
to it.
Mr. KLUCZYNSICI. You may continue, Mr. Floete.
Mr. FLOETE. We have no further comments on page 11, and only
minor ones on page 12. Just word changes, actually. The only other
comment we have is that we would add a new section 15, which would
read as follows:
SEC. 15. The performance, in accordance with standards established by the
Administrator of General Services, of the responsibilities and authorities vested
In him under this Act shall, upon request, be delegated to the appropriate execu-
tive agency where the estimated cost of the project does not exceed $100.000,
and may be delegated to the appropriate executive agency where the Adminis-
trator of General Services determines that such delegation will promote effi-
ciency and economy.
This is in there because there are a lot of small buildings that vari-
ous agencies are well organized to take care of. For example, here
in Washington you are all familiar with project 66 of the Interior
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PUBLIC BUIL.DINGS AND GROUNDS
Department, in which they are improving the parks. Well, we think
that is a good example of work they should do and we should not do.
notice they are building a stable down there in the park some
place. I think they are able to do that. There are various other
agencies that do have that capacity, and this wording which covers
a request for delegation where the estimated cost does not exceed
$100,000 I think is a sensible provision, and we may delegate if we
are convinced it will promote efficiency and economy.
It does not mean we would run off from our, responsibility, but
there could be cases in excess of $100,000 where it, might be advisable
to do so.
The last change we suggest is again not a substantive change, but
merely one as we see it, to perfect the bill. The bill does not contain
an express authorization for the appropriation of funds to carry out
its purposes. Accordingly, we recommend that the following new
section be added as new section 16, with appropriate renumbering of
the remaining sections,
SEC. 1.6. There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act. Appropriations for sites
and planning are authorized prior to approval of projects as required by section
7 of this Act, but any funds so appropriated for the acquisition of sites or the
planning of buildings may not be obligated with respect to tiny project not 80
approved. The appropriation of funds for sites and planning or for construction
and acquisition of buildings shall constitute the 'nuking of an appropriation for
the projects included therein within the meaning of subsctclona 7(c) and 7(d)
hereof.
Mr. Chairman, those are all the comments that we have upon the
bill. We reiterate that we think it is very necessary we have a bill of
this type, and we trust that it will be passed.
Mr. liluczyrisiii. Thank you, Mr. Floete.
Mr. Douts.Y. Mr. Floetc, I would like to revert back to page 5, line
3, of the bill, where you say you would like to eliminate the certifi-
cate of need for space signed by the head of the Federal agency or
agencies which will use the facility.
How do you plan to build a building without some indication of the
need for which the floorspace will be used, unless you have a certifi-
cate of need?
Mr. Fi.,oLTE. We would get that, Congressman Dooley, if you _read
the next section, section (4).
Mr. DOOLEY. Yes.
Mr. FLOETE (reading);
a comprehensive plan for providing sptioe for all Government officers and ein-
PloTees La the locality of the proposed project, having due regard for suitable
space which may continue to be available in existing Government-owned build-
ings and in rented buildings.
That means we would make the study and determine what agencies
should go in there' and then submit it in this plan. But we would not
go, as we had to, to the Secretary of the Interior and get a certificate
stating that he needed 100 square feet some place.
Mr. Duoi.r.y. Fine. Thank you.
Mr, KixczyNsitz. I was going to ask about the sante question.
Mr. Floete, with all of .)?our good lawyers in the General Services
Administration,. and also in the General Accounting Office, who have
incorporated this language here, and with all their experience in the
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Lease-Purchase Act, why did they put this subsection (3) in there,
calling for the certificate of need, which you are now asking us to
,delete?
n Mr. FT OETE. I do not know how they did it. I was not present. I
thought we had it out 2 years ago.
Mr. KLUCZYNSKI. I mean, you consulted with your attorneys and
they have had the experience on the Lease-Purchase Act, and yet
they have incorporated it in this bill.
Mr. FLOETE. I think we merely performed the drafting service. I
was not present at it. Some of you men were.
This is Mr. Macomber, our General Counsel.
Mr. MACOMBER. I did work with members of the staff in the draft-
ing of this bill, but I think the simple answer to your question is, sir,
to the best of my recollection the last draft of the bill that I saw did
not contain this provision. I think that was something that was not
suggested by us. I believe as the bill was drafted when we last saw
it, it did not have this requirement in it.
Mr. KLUCZYNSKI. Then you are in accord with Mr. Floete to
,delete this from the bill?
MT. MACOMBER. Yes, sir.
Mr. KLUCZYNSKI Are there any questions?
Mr. BURKE. Mr. Chairman.
MT. KLUCZYNSKI. Mr. Burke.
Mr. BURKE. Mr. Floete, I think there are two pretty fundamental
changes that you have suggested. First, on page 2, in section 4(b),
you have suggested that references to alterations be taken out. I
want to be very clear about this. You would suggest, for example,
that the General Services Administration without the authority of
Congress would have the authority to decide whether to do a $3
million alteration in one location rather than maybe the Congress
deciding with the same money to build three $1 million buildings in
other places.
Mr. FLOETE. Well, you are talking about two things now, about
buildings?
Mr. BURKE. We are talking about the same funds.
Mr. Fnorrn. And as to repairs and alterations that is a separate
item in our appropriation bill, you see. For instance, this year we
have $75 million appropriated by Congress specifically for repairs
and alterations. When we submit our justification it includes a
complete list of where we are going to do this, and how much, and
that is passed on by the Appropriations Committee and finally by
the Congress as a whole.
Mr. BURKE. But this bill contemplates a c,ompletely different ap-
proach, Mr. Floete. If the overall appropriation of the General
Services Administration for construction, acquisition, rehabilitation,
impair, and so on, is considered as one, if the authority for alterations
is left without limit and completely at the discretion of the agency
it would simply change what this bill proposes, as regards alterations
at least. Now, a $3 million alteration of a large building is not un-'
heard of, is it?
Mr. FLOETE. That would be pretty large, but we do have some of
$1 million or so, particularly air-conditioning these buildings in
Washington, or any other large cities.
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Mr. BURKE. I win trying to be clear about this. This is a funda-
mental difference you have with the bill as drafted.
Mr. FLOETE. Yes. I think it is as to alterations. We do not fed
so strong about the limits on new construction, but we have to go
before the Appropriations Committee on every one of these altera-
tion items, whether it is $100 or $1 million.
Mr. Bumip. I think that touches on the next thing I want to
asluou.
You suggested during your statement that rather than a sub-
mission to the two Public Works Committees of both bodies on the
individual projects, that there be a statement made of proposed major
accomplishments. That, of course, would be a complete nullification
of the procedure here. Then you would simply be going to the
Appropriations Committee and asking for appropriations for the
projects which the General Services Administration has approved of,
rather than submitting the list of projects which the committees of
the House and Senate have approved.
Mr. FLOETE. We would still submit a list of projects to this com-
mittee.
Mr. BURKE. But it would not require the approval of the com-
mittee.
Mr. FLOETE. That is the effect of what we have said in our letter.
That is correct. And that departs from the present bill. We know
that.
Mr. BURKE. The changes you are suggesting, in view of the fact
that it completely deletes alterations and it changes the method by
which projects would be approved, completely takes from this bill, I
think, the procedures which the sponsors intended.
Mr. FLOETE. I can understand that you would feel that way about
it, sir.
Mr. BunKE. Maybe I agree with you but I am just asking you if
that is not what your proposal is going to ; do.
Mr. FLorrz. That Is the effect of it. Is that not right, Joe?
Mr. MOODY. That is right.
Mr. Buluip. What you are proposing there is a completely different
bill.
Mr. MOODY'. On this bill what we are proposing really
Mr. BusuE. The point is, that the sponsors of this bill have sug-
gested a means completely comparable for example, to the other civil
works of the Government. As you know, this is the way locks and
&Ems and bridges_, and so on, are built. I think there is an attempt
by a proposed Public Buildings Act to bring the construction of pub-
lic buildings in line with other civil works.
Now, in view of the fact that by changing the implementing lan-
guage of the system the Administrator is suggesting that these be dif-
ferent, and that the proposal is that the projects for construction be
approved by the agency and a report be made of it then that simply
means that the Administrator or the Department is asking for spe-
cific appropriations, and it does away with hearings and approval
from the Public Works Committees, such as is done with every other
type of public works.
Mr. ELosTa. Mr. Moody says it does follow the procedures set up
under the old 1926 act, which has sort of been a. model on which we
have been going.
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Mr. BURKE. I believe one of the sponsors of the bill says legislation
relating to public buildings is a patchwork of measures going back
to June 6, 1902. As I say, the whole purpose of the sponsors was--
and I believe the Administrator in his letter said he felt the purpose
was good?was to create a new and efficient means of getting at this
problem paralleling other public works. I am not arguing with the
Administrator, but I am just asking if that it what he is proposing to
this committee?
Mr. FLOETE. That is the effect of this proposal. Yes, sir.
Mr. BURKE. Another minor question I have about your talk is this:
You objected to the language at the bottom of page 4, which has a
(2), because you object to talking about the location of the site and
the reasons for its selection. I think we are all familiar with what
happens in the speculation of land in view of a possible public work.
There is no requirement in here that the site be set out by metes and
bounds.
Would you be satisfied if the language were so amended as to be
made more general?
Mr. FLOETE. Yes; surely. We just do not want to be tied down to
a particular street location.
Mr. BuirgE. I do not think anyone by statute intends to lay off a
lot by metes and bounds.
Mr. FLOETE. We were afraid it might have that effect, so we were
trying to make it general.
Mr. KLUCZYNSKI. Mr. Burke, we have only 10 minutes left. Mr.
Floate has done a marvelous job as Administrator of the General
Services Administration, and we are all happy to have him here, and
have his comments; but we want to pass legislation of this kind and
?we can discuss this further in executive session. We have heard from
Moody and Mr. Knott and Mr. Macomber. Is there anything that
you wish to add to that?
Mr. KNOTT. No, Sir.
Mr. KLUCZYNSKI. Are there any further questions of Mr. Floete?
(No response.)
Mr. KLIJCZYNSKI. All right. That will complete the hearings this
morning.
Mr. Floete, it has been a pleasure to have you before this august
body this morning. Thank you for your wonderful statement.
We will adjourn until tomorrow morning at 10 o'clock.
(Whereupon, at 11 a.m., the committee adjourned until 10 a.m. the
-following day, Friday, May 1, 1959.)
(The following was furnished for insertion:)
M-103967.
B-1039991.
Hon. OHARLES A BUCKLEY,
Chairman, Committee on PublieWorks,
gouge of Representatives.
DEAR MR. CHAIRMAN: Your letter of March 25, 1959, acknowledged March 26,
requests our comments on the identical bills H.R. 5404 and U.D. 5453.
The bill entitled "Public Buildings Act of 1959" would repeal the Public Build-
ings Act of 1926, as amended, title 40 United States Code section 341 at seq.,
and certain other laws considered to be obsolete, duplicative, conflicting, or other-
U.S. GENERAL ACCOUNTING OFFICE,
OFFICE OF GENERAL COUNSEL,
Washington, D.C., April 29, 1959.
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wise inconsistent with the present bilL A corresponding bill, S. 1654, has been
referred to the Senate Committee an Public Works.
Section 2 of the bill would prohibit construction of public buildings except
by the Administrator of General Services. The term "public building," as defined
by section 13(1) of the bill, would include any building which is necessary for
the functioning of a Federal agency with certain rather broad exceptions such
as buildings on the public domain, in foreign couutries, on Indian and Eskimo
trust properties, on Federal laud used fur agricultural, recreational, or conser-
'station purposes, on river, harbor, flood control, reclamation, and power projects,
housing projects on military installations, and buildings used as hospitals under
the jurisdiction of the Veterans' AdministraUou. Also, the term would not in-
clude any other building excluded by the President. The bill would not apply
to construction for which direct appropriations had already been made.
Such legislation would be a distinct departure from practices of the past. A.
further departure from past praetiees would be made by section 7 of the bill,
which would require, as a prerequisite to any appropriation for the construction,
alteration, or acquisition of a public building, resolutions of approval by the
Public Works Committees of both the House and Senate. The enactment of legis-
lation of this character is a matter of congressional policy on which we express
no opinion.
However, we do wish to point out that the definition of public building con-
tained in section 13(1) of the bill does not specifically exclude leased buildings
and apparently would include buildings other than office buildings; the language
fised might be deemed to include specialized buildings needed by the National
Aeronautics and Space Administration, the Atomic Energy Commission, the
Department of Defense, and other agencies. We are doubtful that construction
of a technical nature was intended to be included under the bill, and suggest
clarification of the exceptions listed in section 13(1). For example, it is not
clear whether all construction by the Tennessee Valley Authority would be ex-
cluded. In this connection, it may be noted that the Federal Deposit Insurance
Corporation would not be required to submit a prospectus for approval to the
Public Works Committees since it uses no appropriated funds in its operations.
The same thing is true of the Federal Savings and Loan Insurance Corporation.
We note that under section 4 of the bill committee resolutions of approval
would be necessary for alterations estimated to cost over $250,000. In the event
of an emergency arising from fire, flood, or other disaster, we believe alterations
necessary to permit continued agency operation should be permitted without the
necessity of committee approvals In advance.
Section 5(c) would authorize the Administrator to acquire building sites with-
out regard to title III of the Federal Property and Administrative Services Act
of 1949. It Is our feeling that the procurement safeguards provided in title
III should be followed in most site acquisitions. We recognize, however, that
greater flexibility may be desirable in some cases. We therefore suggest the
desirability of revising section 3(c) to authorize the acquisition of building Biter;
without regard to title III only upon a determination by the Administrator that
by reason of the circumstances set forth in such determination the acquisition of
the property without regard to title III is advantageous to the Government.
Section 7(a) of the bill prohibits the making of appropriations for the con-
struction, alteration, or acquisition of public buildings without the approval, by
resolution, of the Committees on Public Works. No provision is included in the
bill affirmatively authorizing appropriations for construction, alteration, or
acquisition which has been so approved by the committees, and we suggest the
desirability of such a provision.
The information called for in the prospectus required by section 7(a) to be
submitted to the committees is similar to that called for under the procedure
applicable to the former least-purchase program. The information called for
deals primarily with new construction or the acquisition of additional apace,
and the section does not provide for furnishing pertinent information incident
to alteration or improvement of existing facilities. In order to avoid the fur-
nishing of inapplicable information and at the same time to permit pertinent
description of proposed alterations under varying circumstances, we suggest
the advisability of revising lines 20 through 23 on page 4 of the bill to read as
follows:
"* ? * to each such committee a prospectus of the proposed public building
project, including as applicable (but not limited to)?
"(1) a brief description of the building to be constructed or acquired,
or the alteration to be performed under this Act ;"
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Also, if the requirements of section 7(a) (2) are to be interpreted as meaning
that a specific site for a proposed building must be described in the prospectus,
this might furnish an opportunity for speculation in land values if the site is to
be acquired after prospectus approval. To avoid the possibility of paying
inflated prices for sites in such instances there is suggested for your considera-
tion the advisability of revising section 7(a) (2) to provide for the furnishing
of general information only concerning site location in situations where the
site is to be acquired after prospectus approval and no firm commitment for
the site acquisition exists.
Section 10 (a) and (b) of the bill would authorize the employment, on a
nonpermanent basis, of corporations, firms, or individuals without regard to
civil service laws. To the extent the employment of individuals is authorized,
our experience under the similar language of section 15 of Public Law 600 (60
Stat. 810), indicates that question often arises as to whether such individuals
should be considered employees or independent contractors. We suggest that
any individual employed under the section be made an independent contractor.
The following language is suggested as a substitute for the present sections
10(a) and 10(b) :
"Sac. 10. The Administrator, whenever he determines his existing facilities
are not sufficient, is authorized to procure through contract, without regard
to the advertising requirements of title III of the Federal Propery and Ad-
ministrative Services Act of 1949, as amended, architectural and engineering
services from established corporations, firms, or individuals, in connection with
the construction of any public building authorized under this Act."
Section 10(c) of the bill provides, among other things, that the Administrator
shall be responsible for the interpretation of construction contracts. This may
be construed as empowering the Administrator to determine finally any question
arising under a contract. We believe this section should be amended to pro-
vide specifically that the determination of the Administrator shall not be con-
clusive in any case where the interpretation of the contract involves a question
of law only. Compare the provisions of section 2 of Public Law 356, approved
May 11, 1954 (68 Stat. 81 ) .
Mention should be made of the fact that there are 22 GSA projects pre-
viously approved by the Committees on Public Works under the Public Buildings
Purchase Contract Act of 1954 (68 Stat. 518), for which the appropriation of
funds for payment of lease-purchase contracts is prohibited by title I of the
Independent Offices Appropriation Act, 1959, Public Law 85-844, and for which no
funds have been appropriated to date for direct construction. Since the approv-
als of these projects were given under procedures substantially the same as
required under section 7(a) of the proposed legislation, its effect on these
projects is not entirely clear. Since the method of financing is now different
and since there may have been changes in cost estimates and project descrip-
tions, we feel that if these projects are to be reactivated they should be subject
to reapproval by the committees. We suggest that a provision be included in the
bill indicating that approvals given under the Public Buildings Purchase Con-
tract Act of 1954 do not constitute approvals within the meaning of the present
bill.
As we have indicated above, the desirability of enactment of legislation of the
type involved concerns matters of congressional policy on which we express no
opinion. We do believe, however, that the possible areas of misunderstanding
and uncertainty in the bill as now drafted should be clarified if it is to receive
favorable consideration.
Sincerely yours,
JOSEPH CAMPBELL,
Comptroller General of the United States.
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FRIDAY, MAY 1, 1959
HOI7SE OF REPRESENTATIVES,
COMMPITEE ON PUBLIC WORKS,
STMCOMMII E'E ON PUBLIC BUILDINGS AND GROUNDS'
Washington,D.C.
The subcommittee met, pursuant to adjournment, in room 1302,
New House Office Building, at 10:05 a.m., Hon. Robert E. Jones,
chairman of the subcommittee, presiding.
Mr. JONES. The subcommittee will come to order, on yesterday, at
the commencement of the hearings on the public buildings bills before
the committee, it was mutually agreed by the minority and the major-
ity that the section with respect to the East Wall would be withdrawn
from the bill and that we would not proceed with further discussion
of that subject matter because we dial not feel it was germane to the
chief objectives sought by the various bills.
Therefore, this morning there has been scheduled witnesses who
expect to testify on that section of the bill. Since it is withdrawn,
I am quite sure it would be a saving of your time and our time not to
go into it at this time. If it becomes necessary to have the matter
brought to the attention of the committee then we will take it up and
treat it separately and apart from any general legislation.
Mr. Bartholomew, therefore I think that we can wait to some other
day before we go into this matter. With regard to the people who
represent or are here in attendance from the citizens associations
or committees we will likewise leave that testimony for a further
time.
STATEMENT OF HARLAND BARTHOLOMEW, CHAIRMAN; ACCOM-
PANIED BY WILLIAM E. FINLEY, DIRECTOR, AND DONALD I.
? CHAITEY, GENERAL COUNSEL, NATIONAL CAPITAL PLANNING
COMMISSION
Mr. BARTHOLOMEW. Mr. Chairman, I would offer no objection what-
soever to that. We think this is a matter of very great and fundamental
importance to the future of our whole public building program in
Washington. The fact is that it is all part of a. carefully worked out
policy and we would very much like to have the opportunity to present
the thing on its merits.
Mr. JONES. Yes, sir.
MT. BARTHOLOMEW. Perhaps it could well be separate.
Mr. JONES. Probably I did notmake myself dear. It was not lack
of interest on the part of the committee in the subject matter being
dealt with in that section. However, we felt it would be best to treat
25
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-26 PUBLIC BUILDINGS AND GROUNDS
it at some other time and give it a more complete examination than we
would have at, this time when we would have to give it a rather casual
examination because the other sections of the bill are the ones in which
we are most interested now, because we have no legislation on those
subjects; or the legislation which wedo have on our statutes is inartic-
ulate and out of date.
So we have to bring up the whole building program before we can
talk about the specifics of one aspeet of?or a comprehensive build-
ing plan. I hope you appreciate the. fact that we have some other
buildings other than the buildings here in the District of Columbia.
I would say this also: I want to remind the people here in the Dis-
trict of Columbia and the officials of the District of Columbia that
there has been no committee, as Mr. Auchincloss will agree, that has
been more generous with suitable buildings in the District of Columbia
than this committee has. I do not know any, time that the District
pt Columbia has received more buildings than it has in the last 6
years from this committee.
Mr. AucllnicLoss. I agree with that most, thoroughly, Mr. Chair-
Mr. BAn-ruotomiw. We would be most happy to accept your judg-
ment on the matter and be pleased to have the opportunity to present
it as a seTarate bill.
Mr. JONES. We are not insisting, but we think it would be better
because we definitely will not consider that section of the bill at this
time with the overall bill that we hope to present to the House.
Mr. BARTHOLOMEW. Speaking for myself, personally, I concur in
your judgment-. I would like to see the matter of public building
policy considered independently of any other consideration.
Mr. JONES. Thank you very much.
Mr. FINLEY. Mr. Chairman, my name is William E. Finley, Director
of the Planning Commission. The Planning Commission recently
adopted two minor suggested amendments to the remainder of the
bill having to do with procedure in terms of building location in
the District and in the region. If you are going to proceed this
morning with hearings on the remainder of the bill, we would like
to have our general counsel, Mr. Chaney, comment, briefly on those
matters for your information.
Mr. JONES. We will be glad to have him speak, Mr. Finley, if you
will bring him forward. We will be pleased to receive histe,stimony.
Mr. FINLEY. Thank you, sir.
Mr. CHANEY. My name is Donald J. Chaney. I am General Counsel
for the National Capital Planning Commission. As Mr. Finley indi-
cated, there is at least one amendment to the other sections of the
bill that we feel should be considered at this time.
Mr. JONES. What section is that ?
Mr. CHANEY. It would not, apply to any particular section, Mr.
Chairman. The National Capital Planning Act gives the Planning
Commission certain authority with respect to the construction of
Federal buildings in the environs of 'Washington. Roughly, that in-
cludes Montgomery, Prince Georges, Alexandria, Arlington, and
Fairfax and several other counties. The authority given to the Com-
mission under the Planning Act of 1952 relates to the review and
approval of plans and location of public buildings in that area.
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In studying the bill I feel that it may be possible to construe that the
hill as now written, II. R. 5404, would amend the planing act so as to
eliminate this existing authority of the Commission with respect to
that review. Our suggestion is that there be added somewhere in the
hill and probably toward the end, the following language:
"Nothing contained in this act shall be construed as repealing, in any
way, the requirements of the National Capital Planning Act of 1952,
with respect to the development of projects within the National Capi-
tal region as defined in that act."
Mr. JONES. Would you mind handing that suggested amendment to
the clerk, Mr. Chaney?
Mr. CHANEY. I will be glad to, sir. I believe that is all. Mr. Finley
mentioned two amendments. There is only one that applies outside of
the District of Columbia
Mr. JONES. Thank you very much. That amendment will be con-
sidered. Without objection the letter addressed to Mr. Buckley, bear-
ing date of April 8, will be made a part of the record. The fourth
paragraph contains the suggested amendment which Mr. Chaney has
discussed. This letter is from Mr. Claude W. Owen, Sr., Acting
'Chairman, National Capital Planning Commission.
There will also be made a part of the record at this point a letter
,dated May 1, 1959, addressed to Mr. Buckley, the chairman of the
nCommittee on Public Works, from Robert E.1VIcLaughlin, President
-of the Board of Commissioners of the Government of the District of
Columbia.
(The letters referred to are as follows:)
NATIONAL CAPITAL PLANNING COMMISSION,
Washington, D. C., April 8, 1959.
lion. CHARLES A. BUCKLEY,
,Chairman, Committee on Public Works,
House of Representatives, Washington, D. C.
DEAR MR. BUCKLEY : Reference is made to your request of March 13, 1959,
for the comments of the National Capital Planning Commission on H. R. 5404
and H. R. 5453, identical bills, "To provide for the construction, alteration, and
acquisition of public buildings of the Federal Government, and for other
purposes."
The National Capital Planning Commission would have no objection to the
enactment of the legislation provided it is amended to the extent indicated
herein so as to carry out the objectives of the National Capital Planning Commis-
sion Act of 1952.
The proposed legislation appears to be an updating of the act of May 25,1926,
which contains the basic authority of the General Services Administration for
the construction of public buildings. Insofar as the act applies to the District of
Columbia and the National Capital region, as defined in the planning act of 1952
the Commission is vitally interested in those provisions pertaining to the selec-
tion and utilization of sites for Federal buildings. The planning act of 1952
Outlined certain procedures to be followed by any construction agency intending
to develop projects within the National Capital region, and unless these pro-
cedures are recognized in the proposed legislation, it very well may be that the
proposed legislation may be construed as repealing, by implication at least, the
provisions of the 1952 act.
? It is suggested that there be added to the proposed legislation immediately pre-
ceding the repeal provisions of section 15 the following: "Nothing contained in
this act shall be construed as repealing, in any way, the requirements of the
National Capital Planning Act of 1952, with respect to the development of
projects within the National Capital region as defined in that act."
Section 8(a) contains general authority for the acquisition of sites for public
buildings within specified areas in the District of Columbia. At the end of
-oaragraph (b) it is provided that the purposes of the act shall be carried out
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as nearly as possible in accordance with the L'F'nfant Plan for the District of
Columbia. Since the National Capital Planning Commission is the agency di-
rectly responsible for the planning of the District of Columbia and the National
Capital region, it is recomended that there be added at the end of the section the
words "and in accordance with the provisions of the National Capital Planning
Act of 1952" (40 U.S.C. 71).
Section 8 Pt the draft legislation also contains descriptions of certain areas
within which public building and other sites may be acquired in the District of
Columbia. The first area description sets out certain aveeptions by reference
to square and lot numbers, It would appear that all of square 635 should be
excluded from the taking since that square has been acquired by the Architect
of the Capitol for the House Oflice Banding, The third described area desig-
nates certain squares for acquisition, namely, 11, 19, 20, 32, 33, 44, 59, 167, and
170. I is recommended that there be added to these squares square 040, which
would be in accordance with the plans of the Commission and with the land-use
plan for the Southwest urban renewal area.
The designation of a specific area in the District of Columbia within which
the United States will acquire lands at some indefinite time in the future creates
a =zither of serious problems for the present owners pending acquisition by the
United States, and, in turn, may aggravate blight already existing in the area.
While there is no simple formula to overcome this situation, it is recommended
that careful consideration be given to the inclusion of provisions in the proposed
legislation or in the subsequent appropriation acts which would outline and
insure a definite programing of acquisition. This, in itself, would tend to avoid
many of the problems generally inherent in proposals of the nature set out in
the legislation.
The Bureau of the Budget has advised that it has no objection to the sub-
mission of this report to your committee.
Sinesrely yours,
(Signed) Claude W. Owen,
CLAUDE W. OWEN, BB.,
Acting Chairman.
GOVERN MF-NT OF THE DISTRICT OF COLUMBIA,
EXECUTIVE Omen,
Washington, D.C., May 1, 1959.
Hon. Charles A. Buckley,
Chairman, Committee on Public Workl,
U.S. House of 17,presentatives, Washington, D.C.
MY DEAR Mn. Bocrivv: The Commissioners of the District of Columbia have
for report H.R. 5404 and H.R. 5453, identical bills, "To provide for the construc-
tion, alteration, and acquisition of public buildings of the Federal Government,
and for other purposes."
The purpose of the proposed legislation is to provide for acquisition of sites
for Federal public buildings, and the alteration and construction of Federal
public buildings throughout the United States.
The particular portion of the bill with which the Commissioners are con-
cerned is section 8.
Section 8(a) provides that the Administrator in carrying out his duties under
the act shall acquire real property within the District of Columbia exclusively
within the following areas:
"(1) The area bounded by E Street, New York Avenue, and Pennsylvania
Avenue, Northwest, on the north: Delaware Avenue, Southwest, on the east;
Virginia Avenue and Maryland Avenue projected in a straight line to the Tidal
Basin, Southwest, on the south; and the Potomac River on the west (including
properties within said area belonging to the District of Columbia; but excluding
those portions of squares 267, 268, and 298 not belonging to the District of Colum-
bia, the square known as south of 403, all of square 493, lots 16, 17, 20, 21,
and 808 in square 536, and lots 16 and 45 in square 635) ; (2) the area bounded
by Constitution Avenue on the north; the Anacostia River on the east; Inde-
pendence Avenue on the south; and Second Street, Southeast and Northeast,
on the west; and the contiguous area bounded by C Street Northeast, on the
north; 21st Street, Northeast, on the east; Constitution Avenue on the south; and
North Carolina Avenue on the west: and (3) the areas designated as squares
11, 19, 20, 32, 33, 44, 59, 167, and 170, all of said areas being within the District of
C ol umbia ."
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Section 8(b) of the bill reads as follows:
"The purposes of this act shall be carried out in the District of Columbia as
nearly as may be practicable in harmony with the plan of Peter Charles
L'Enfant and such public buildings shall be so constructed or altered as to com-
bine architectural beauty with practical utility."
The L'Enfant plan does not call for open space in the taking area set out in
section 8(a) (2), known as the East Mall. The Commissioners are of the view
that provision should be made to assure that the East Mall be developed with
open space similar to that of the Mall west of the Capitol.
With reference to the three areas heretofore described, upon acquisition of
the property by the Federal Government, the annual loss to the District of real
estate taxes in area (I) will be $83,650; and in area (2) will be $564,333; and in
area (3) will be $146,933.
The total annual real estate tax loss to the District, if all the property is taken
by the Federal Government will be $784,916.
The Commissioners would also like to call attention to the fact that parts of
the property in the taking areas are owned by the Government of the District
of Columbia. The Commissioners therefore assume, since the Administrator is
authorized to acquire by purchase or condemnation any property in the taking
area, that the District will be compensated for any property belonging to it
which is acquired by the Administrator.
While the Commissioners are understandably concerned by the considerable
loss of tax revenues which would be occasioned by the enactment of H.R. 5404
or 5453, they nevertheless realize that enactment of such legislation would
further a program to develop nationwide interest in the beauty of the Nation's
Capital, and accordingly, the Commissioners have no objection to the enactment
of either bill.
Time does not permit ascertaining the views of the Bureau of the Budget as
to the relationship of this report to the program of the President.
Yours very sincerely,
il013ERT El. MclimiGriLTN,
President, Board of Commissioners, D.C.
Mr. JONES. Are there any further witnesses?
(No response.)
Mr. JONES. If not the committee will stand adjourned.
(Whereupon, at 10: 15 a.m., the subcommittee adjourned.)
X
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Union Calendar No.214
86TH CONGRESS
H. R. 7645
ler SESSION
[Report No. 557]
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1959
Mr. JONES of Alabama introduced the following bill; which, was referred
to the Committee on Public Works
JUNE 17, 1959
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
A BILL
To provide for the construction, alteration, and acquisition of
public buildings of the Federal Government, and for other
purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be Cited as the "Public Buildings Act of
4 1959".
5 So. 2. No public building shall be constructed except
6 by the Administrator, who shall construct such public build-
7 ing in accordance with this Act.
8 SEC. 3. The Administrator is authorized to acquire, by
purchase, condemnation, donation, exchange, or otherwise,
*1
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2
1 any building and its site which he determines to be neces-
2 sary to carry out his duties under this Act.
3 SEC. 4. (a) The Administrator is authorized to alter
4 any public building under his control, and to acquire in ac-
5 cordance with section 5 of this Act such land as may be
6 necessary to carry out such alteration.
(b) No approval ander section 7 shall be required for
8 any alteration and acquisition authorized by this section the
9 estimated maximum cost of which does not exceed $200,000.
10 SEC. 5. (a) The Administrator is authorized to acquire,
11 by purchase, condemnation, donation, exchange, or other-
12 wise, such lands or interests in lands as he deems necessary
13 for use as sites, or additions to sites, for public buildings
14 authorized to be constructed or altered under this Act.
15 (b) Whenever a public building is to be used in whole
16 or in part for post office purposes the Administrator shall
17 act jointly with the Postmaster General in selecting the
18 town or city wherein such building is to be constructed, and
19 in selecting the site in such town or city for such building.
20 (c) Whenever the Administrator is to acquire a site
21 under this section, he may, if he deems it necessary, solicit
22 by public advertisement, proposals for the sale, donation, or
23 exchange of real property to the United States to be used
24 as such site. In selecting a site under this section the
25 Administrator (with the concurrence of the Postmaster
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1 General if the public building to be constructed thereon is to
2 be used in whole or in part for post office purposes) is
3 authorized to select such site as in his estimation is the most
4 advantageous to the United States, all factors considered, and
5 to acquire such site without regard to title III of the Federal
6 Property and Administrative Services Act of 1949, as
7 amended.
8 SEC. 6. (a) Whenever the Administrator deems it to
9 be in the best interest of the United States to construct a
10 new public building to take the place of an existing public
11 building, he is authorized to demolish the existing building
12 and to use the site on which it is located for the site of the
13 proposed public building, or, if in his judgment it is more
14 advantageous to construct such public building on a different
15 site in the same city, he is authorized to exchange such
16 building and site, or such site, for another site, or to sell
17 such building and site in accordance with the provisions of
18 the Federal Property and Administrative Services Act of
19 1949, as amended.
20 (b) Whenever the Administrator determines that a site
21 acquired for the construction of a public building is not suit-
22 able for that purpose, he is authorized to exchange such
23 site for another, or to sell it in accordance with the pro-
24 visions of the Federal Property and Administrative Services
25 Act of 1949, as amended.
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1 (c) Nothing in this section shall be deemed to permit
2 the Administrator to use any land as a site for a public build-
3 ing if such project has not been approved in accordance with
4 section 7.
5 SEC. 7. (a) In order to insure the equitable distribu-
6 tion of public buildings throughout the United States with
7 due regard for the comparative urgency of need for such
8 buildings, except as provided in section 4, no appropriation
9 shall be made to construct any public building or to acquire
10 any building to be used as a public building involving an ex-
11 penditure in excess of $100,000, and no appropriation shall
12 be made to alter any public building involving an expendi-
13 ture in excess of $200,000, if such construction, alteration,
14 or acquisition has not been approved by resolutions
15 adopted by the Committee on Public Works of the Senate
16 and House of Representatives, respectively, and such
17 approval has not been rescinded as provided in subsec-
18 tion (e) of this section. For the purpose of securing con-
19 of such approval the Administrator shall transmit
20 to Congress a prospectus of the proposed project, including
21 (but not limited to) ?
22 ( 1 ) a brief description of the building to be con-
23 structed, altered, or acquired under this Act;
24 (2) the location of the project, and an estimate o-f-
25 the maximum cost of the project;
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1 (3) a comprehensive plan for providing space for
2 all Government officers and employees in the locality of
3 the proposed project, having due regard for suitable
4 space which may continue to be available in existing
5 Government-owned buildings and in rented buildings;
6 (4) a statement by the Administrator that suit-
7 able space owned by the Government is not available
8 and that suitable rental space is not available at a price
9 commensurate with that to be afforded through the pro-
10 posed action; and
11 (5) a statement of rents and other housing costs
12 currently being paid by the Government for Federal
13 agencies to be housed in the building to be constructed,
14 altered, or acquired.
15 (b) The estimated maximum cost of any project ap-
16 proved under this section as set forth in any prospectus may
17 be increased by an amount equal to the percentage increase,
18 if any, as determined by the Administrator, in construction
19 or alteration costs, as the case may be, from the date of
20 transmittal of such prospectus to Congress, but in no event
21 shall the increase authorized by this subsection exceed 10
22 per centum of such estimated maximum cost.
23 (c) In the case of any project approved for construe-
24 tion, alteration, or acquisition by the Committees on Public
25 Works of the Senate and of the House of Representatives,
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1 respectively, in accordance with subsection (a) of this sec-
2 tion, for which an appropriation has not been made within
3 one year after the date of such approval, either the Corn-
4 mittec on Public Works of the Senate or the Committee on
5 Public Works of the House of Representatives, may rescind,
6 by resolution, its approval of such project at any time there-
7 after before such an appropriation has been made.
8 (d) The Committees on Public Works of the Senate
9 and of the House of Representatives, respectively, shall not
10 approve any project for construction, alteration, or aqui-
11 sition under subsection (a) of this section whenever there
12 are thirty or more projects the estimated maximum cost
13 of each of which is in excess of $200700.9 $100,000 which
14 have been approved for more than one year under sub-
15 section (a) but for which appropriations have not been
1( made, until there has been a rescission of approval under
17 subsection (c) or appropriations are made which result
18 in there being less than thirty such projects.
19 SEC. B. (a) In carrying out his duties under this Act,
20 the Administrator shall acquire real property within the
21 District of Columbia exclusively within (1) the area bounded
22 by E Street, New York Avenue, and Pennsylvania Avenue,
2a. ,Northwest, on the north; Delaware Avenue, Southwest, on
24 the east; Virginia Avenue and Maryland Avenue projected
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1 in a straight line to the Tidal Basin, Southwest, on the south;
2 and the Potomac River on the west (including properties
3 within said area belonging to the District of Columbia; but
4 excluding those portions of squares 267, 268, and 298 not
5 belonging to the District of Columbia, the square known as
6 South of 463, all of square 493, lots 16, 17, 20, and 21,
7 and 808 in square 536, and lots 16 and 45 in square 635) ;
8 and (2) the areas designated as squares 11, 19, 20, 32, 33,
9 44, 59, and 167, all of said areas being within the District
10 of Columbia.
11 (b) The purposes of this Act shall be carried out in the
12 District of Columbia as nearly as may be practicable in
13 harmony with the plan of Peter Charles L'Enfant and such
14 public buildings shall be so constructed or altered as to corn-
15 bine architectural beauty with practical utility.
16 (c) Whenever in constructing or altering a public build-
17 ing under this Act in the District of Columbia the Adminis-
18 trator determines that such construction or alteration requires
19 the utilization of contiguous squares as a site for such build
-
20 ing, such portions of streets as lie between such squares and
21 such alleys as intersect such squares are authorized to be
22 closed and vacated if such closing and vacating is mutually
23 agreed to by the Administrator, the Board of Commissioners
24 of the District of Columbia, and the National Capital Plan-
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1 fling Commission. The portions of such streets and alleys so
2 closed and vacated shall thereupon become part of such
3 site.
4 SEC. 9. The Administrator is authorized to carry out
5 any construction or alteration authorized by this Act by con-
6 tract, if he deems it to be most advantageous to the United
7 States.
8 SEC. 10. (a) The Administrator whenever he determines
9 it to be necessary, is authorized to employ, by contract or
10 otherwise, and without regard to the Classification Act of
11 1949, as amended, or to the civil service laws, rules, and
12 regulations, or to section 3709 of the Revised Statutes, the
13 services of established architectural or engineering corpora-
14 tions, firms, or individuals, to the extent he may require such
15 services for any public building authorized to be constructed
16 or altered under this Act.
17 (b) No corporation, firm, or individual shall be em-
18 ployed under authority of subsection (a) on a permanent
12 basis,
20 (c) Notwithstanding any other provision of this section
21 the Administrator shall be responsible for all construction
22 authorized by this Act, including the interpretation of con-
23. struction contracts, the approval of materials and workman-
24 ship supplied pursuant to a construction contract, approval
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1 of changes in the construction contract, certification of
2 vouchers for payments due the contractor, and final settle-
3 ment of the contract.
4 SEC. 11. (a) The Administrator shall submit to Con-
5 gress each January, promptly after the convening of Con-
6 gress, a report showing the location, space, cost, and status,
7 of each public building the construction, alteration, or
8 acquisition of which is to be under authority of this Act and
9 which was uncompleted as of the date of the last preceding
10 report made under this Act.
11 (b) The Administrator and the Postmaster General are
12 hereby authorized and directed to make such building project
13 surveys as may be requested by resolution by either the
14 Committee on Public Works of the Senate or the Committee
15 on Public Works of the House of Representatives, and with-
16 in a reasonable time shall make a report thereon to the
17 Congress. Such report shall contain all other information
18 required to be included in a prospectus of the proposed pub-
19 lic building project under section 7 (a) of this Act.
20 SEC. 12. (a) The Administrator is authorized and di-
21 rected to make a continuing investigation and survey of
22 the public buildings needs of the Federal Government in
23 order that he may carry out his duties under this Act, and,
H. R. 7645--2
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1 as he determines necessary, to submit to Congress pros-
2 pectuscs of proposed projects in accordance with section
3 7 (a) of this Act.
4 (h) In carrying out his duties under this Act the
5 Administrator shall cooperate with all Federal agencies
6 in order to keep informed of their needs, shall advise each
7 such agency of his program with respect to such agency,
8 ,
ana may request the cooperation and assistance of each
9 Federal agency in carrying out his duties under this Act.
10 Each Federal agency shall cooperate with, advise, and
11 assist the Administrator in carrying out his duties under
12 this Act as determined necessary by the Administrator to
13 carry out the purposes of this Act.
14 (c) The Administrator in carrying out his duties
15 under this Act shall provide for the construction and aequisi-
16 tion of public buildings equitably throughout the United
17 States with due regard to the comparative urgency of the
I-8 1 need for each particular building.
19 SEC. 13. As used in this Act-
20 (1) The term -"public building" - means any building;
21 whether fcr single Of multitcnaiit eeet1Palley5 its grounds;
22 approaches, and a-ppurtettuffees; whieli is necessary for the
23 limetiening of ti Federal agency; but shall not include build
24 ing3 -(A)- on the public domain j-including that reserved for
25 iiittionfri forests and ether purposes), (14) on properties
t ?1
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1 of the T_Tnited States in foreign countries, -(-4)- en Indian
2 and Iniefte EFA-4110 properties held in ta-a-st by the United
3 States, -(44 leoed as a part of Federal programs for etgr4-
4 oiltural, recreational, and eonservation purposes, including
5 research in connection therewith; -(-Pr on or used in eon-
6 nection with river, harhor-; flood control, reelamation, power,
7 and chemieal mtftfttfaeturMg or developing, project* +Pr
8 heft-sing and residential projeets-,- -(4)- en military in4alla-
9 tions (including any fort; camp, post; naval training 4440E3
10 fel-1444T proving ground; military suppl-y depot; military
11 school; Of any similar keility of the Department of Defense),
12 and used by the 37-eteffinS1 Administration for hes-
13 pit-al or domieiliary purposes on installations under its juris-
14 diction, Of to ether buildings on atoll installations; and flail
15 not include any other building the ex-elusion of whieh the
16 President ma-3x deem, from time to time hereafter; to be
17 justified in the public interest.
18 (1) The term "public building" means any building,
?19 whether for single or multitenant occupancy, its grounds,
2p approaches, and appurtenances, which is generally suitable
21 for office or storage space or both for the use of one or more
22 executive agencies or mixed ownership corporations, and shall
23 include: (i) Federal office buildings, (ii) post offices, (iii)
24 customhouses, (iv) courthouses, (v) appraisers stores, (vi)
25 border inspection facilities, (vii) warehouses, (viii) record
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1 centers, (ix) relocation facilities, and (x) similar Federal
2 facilities, and (xi) any other buildings or construction proj-
3 eels the inclusion of which the President may deem, from time
4 to time hereafter, to be justified in the public interest; but
5 shall not include any such buildings and construction pro j-
6 ects: (A) on the public domain (including that reserved
7 for national forests and other purposes), (B) on properties
8 of the United Stales in foreign countries, (C) on Indian
9 and native Eskimo properties held in trust by the United
10 States, (D) on lands used in connection with Federal pro-
11 grams for agricultural, recreational, and conservation pur-
12 poses, including research in connection therewith, (E) on or
13 used in connection with river, harbor, flood control, reclama-
14 lion, power, chemical manufacturing or development pro j-
15 eels, (F) on or used in connection with housing and resi-
16 dential projects, (C) on military installations (including
17 any fort, camp, post, naval training station, airfield, prov-
18 ing ground, military supply depot, military school, or any
19 similar facility of the Department of Defense), (H) on Vet-
20 cram' Administration installations used for hospital or
21 domiciliary purposes. and (I) the exclusion of which the
22 President may deem, from time to time hereafter, to be justi-
.,2a-fted in the public interest.
24
(2) The term "Administrator" means the Administra-
25 tor of General Services,
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1 (3) The term "Federal agency" means any executive
2 agency or any establishment in the legislative or judicial
3 branch of the Government (except the Senate, the House of
4 Representatives, and the Architect of the Capitol and any
5 activities under his direction) .
6 (4) The term "executive agency" means any executive
7 department or independent establishment in the executive
8 branch of the Government including any wholly owned
9 Government corporation and including (A) the Central
10 Bank for Cooperatives and the regional banks for coopera-
11 tives, (B) Federal land banks, (C) Federal intermediate
12 credit banks, (D) Federal home loan banks, (E) Federal
13 Deposit Insurance Corporations, and (F) the Federal Na-
14 tional Mortgage Association.
15 (5) The term "alter" includes repairing, remodeling,
16 improving, or extending or other changes in a public
17 building.
18 (6) The terms "construct" and "alter" include prelimi-
19 nary planning, engineering, architectural, legal, fiscal, and
20 economic investigations and studies, surveys, designs, plans.
21 working drawings, specifications, procedures, and other sim-
22 ilar actions necessary for the construction or alteration, as
23 the case may be, of a public building.
24 (7) The term "United States" includes the several
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2
3
4
5
6
7
8
9
10
1.1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
14
States, the District of Columbia, the Territory of Ilawaii,
and the Commonwealth of Puerto Rico.
SEC. 14. This Act shall not apply to the construction of
any public building?
(1) for which an appropriation for construction is
made out of the $500,000 made available for construc-
tion of small public building projects outside the District
of Columbia pursuant to the Public Buildings Act of
May 25, 1926, as amended, in the third paragraph, or
for which an appropriation is made in the fourth, sixth,
seventh, and eighth paragraphs, under the heading
"OENER4T, SERVICES ADMINISTRATION" in title I of the
Independent Offices Appropriation Act, 1959,
(2) which is a project referred to in the first pro-
viso of the fifth paragraph under the heading "GENERAL
SERVICES ADMINISTRATION" in title I of the Inde-
pendent Offices Appropriation Act, 1959,
(3) for which an appropriation for direct construc-
tion by an executive agency other than the General
Services Administration of a specified public building
has been made before the date of enactment of this Act.
SEC. 15. The performance, in accordance with stand-
ards established by the Administrator of General Services,
of the responsibilities and authorities vested in him under
this Act shall, except for the authority contained in section 4,
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1 upon request, be delegated to the appropriate executive
2 agency where the estimated cost of the project does not ex-
3 ceed 432003000 $100,000, and may be delegated to the ap-
4 pro priate executive agency where the Administrator deter-
5 mines that such delegation will promote efficiency and
6 economy. No delegation of responsibility or authority made
7 under this section shall exempt the person to whom such
8 delegation is made, or the exercise of such responsibility or
9 authority, from any other provision of this Act.
10 SEC. 16. Nothing contained in this Act shall be con-
11 strued to limit or repeal-
12 (1) existing authorizations for the leasing of build-
13 ings by and for the use of the General Services Adminis-
14 or the Post Office Department, or
15 (2) the authorization for the improvement of public
16 buildings contained in title III of the Act entitled "An
17 Act to establish a postal policy, to adjust postal rates,
18 to adjust the compensation of postal employees, and for
1.9 other purposes", approved May 27, 1958 (72 Stat. 134;
20 39 U.S.C., secs. 1071, 1075) .
21 SEC. 17. The following provisions of law are repealed
22 except as to their application to any project referred to in
23 section 14:
24 (1) The first sentence of section 6 of the Act entitled
25 "An Act making appropriations to provide for the expenses
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1 of the government of the District of Columbia for the fiscal
2 year ending June thirtieth, nineteen hundred and seventeen,
3 and for other purposes", approved September 1, 1916 (40
4 U.S.C. 23) .
5 (2) The first sentence of the last paragraph under the
6 side heading "LIGHTING AND HEATING FOR THE PUBLIC
7 GROUNDS" under the subheading "UNDER ENGINEER DE-
8 PARTMENT" under the heading "UNDER THE WAR
9 DEPARTMENT" in the Act entitled "An Act making ap-
10 propriations for sundry civil expenses of the Government for
11 the fiscal year ending June thirtieth, nineteen hundred and
12 twelve, and for other purposes", approved March 4, 1911
13 (40 U.S.C. 24).
14 (3) The proviso in the sixth paragraph under the side
15 heading "In the Office of the Comptroller of the Currency"
16 under the heading "TREASURY DEPARTMENT" in
17 the Act entitled "An Act making additional Appropriations
18 and to supply the Deficiencies in the Appropriations for the
19 Service of the Government for the fiscal Years ending June
20 thirty, eighteen hundred and seventy, and June thirty,
21 eighteen hundred and seventy-one, and for other Purposes",
22 approved July 15, 1870 (40 U.S.C. 32).
23 1.4) Section 9 of the Act entitled "An Act making
24 appropriations for sundry civil expenses of the Government
25 for the fiscal year ending (bine thirtieth, nineteen hundred
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1 and eight, and for other purposes", approved March 4,
2 1907, as amended (40 U.S.C. 33).
3 (5) That part of the fourth from last paragraph under
4 the subheading "BUILDINGS AND GROUNDS IN AND AROUND
5 WASHINGTON" under the heading "UNDER THE WAR
6 DEPARTMENT" in the Act entitled "An Act making
7 appropriations for sundry civil expenses of the government
8 for the fiscal year ending June thirtieth, eighteen hundred
9 and eighty-four, and for other purposes", approved March
10 3, 1883 (40 TI.S.C. 59) , as reads C
, and all officers in
11 charge of public buildings in the District of Columbia shall
12 cause the flow of water in the buildings, under their charge
13 to be shut off from five o'clock postmeridian to eight o'clock
14 antemeridian: Provided, That the water in said public
15 buildings is not necessarily in use for public business".
16 (6) Section 2 of the Act entitled "An Act to authorize
17 the Secretary of the Treasury to suspend work upon the
18 public buildings", approved June 23, 1874, as amended
19 (40 113.C. 254).
20 (7) The thirty-first and thirty-second paragraphs under
21 the subheading "PUBLIC BUILDINGS" under the heading
22 "UNDER THE TREASURY DEPARTMENT" in
23 the Act entitled "An Act making appropriations for sundry
24 civil expenses of the Government for the fiscal year ending
25 June thirtieth, eighteen hundred and ninety, and for other
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.1 purposes", approved March 2, 1889, as amended (40 U.S.C.
2 260 and 268) .
3 (8) The fifth from the last paragraph under the sub-
. 4 heading "PUBLIC BUILDINGS" under the heading "UNDER
5 TILE TREASURY DEPART1InilNT" in the Act en-
6 titled "Au Act making appropriations for sundry civil ex-
7 penses of the Government for the fiscal year ending June
; 8 thirtieth, nineteen hundred and ten, and for other purposes",
9 approved March 4, 1909, as amended (40 U.S.C. 262).
10 (9) The proviso in the fortieth paragraph under the
11 subheading "PUBLIC BUILDINGS" ander the heading
12 "UNDER THE TREASURY DEPARTMENT" in the
13 Act entitled "An Act making appropriations for sundry
14 civil expenses of the government for the fiscal year ending
15 June thirtieth, eighteen hundred and eighty-three, and for
16 other purposes", approved August 7, 1882, as amended (40
17 U.S.C. 263) .
18 (10) The proviso in the last paragraph of section 5 of
19 the Act entitled "An Act to increase the limit of cost of cer-
20 tam n public buildings, to authorize the enlargement, exten-
21 sion, remodeling, or improvement of certain public buildings,
22 to authorize the erection and completion of public buildings,
23 Atar,ize the purchase of sites for public buildings, and
24 for other purposes", approved March 4, 1913 (40 U.S.C.
25 264).
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1 (11) Section 35 of the Act entitled "An Act to increase
2 the limit of cost of certain public buildings, to authorize the
3 enlargement, extension, remodeling, or improvement of eer-
4 tam n public buildings, to authorize the erection and comple-
5 tion of public buildings, to authorize the purchase of sites for
6 public buildings, and for other purposes", approved June
7 25, 1910, as amended (40 U.S.C. 265) .
8 (12) Section 3734 of the Revised Statutes of the United
9 States, as amended (40 U.S.C. 267) .
10 (13) The last paragraph under the subheading "PUB-
11 LIC BUILDINGS" under the heading "UNDER TIIE TREAS-
12 HEY DEPARTMENT" in the Act entitled "An Act mak-
13 ing appropriations for sundry civil expenses of the Gov-
14 ernment for the fiscal year ending June thirtieth, eighteen
15 hundred and ninety six, and for other purposes", approved
16 March 2, 1895, as amended (40 U.S.C. 274) .
17 ( 14) The second and fourth provisos in the paragraph
18 with the side heading "Furniture and repairs of furniture"
19 under the subheading "PUBLIC BUILDINGS, OPERATING EXL
20 PENSES" under the heading "TREASURY DEPART-
21 MENT" in the Act entitled "An Act making appropriations
22 for sundry civil expenses of the Government for the fiscal
23 year ending June thirtieth, nineteen hundred and seventeen,
24 and for other purposes", approved July 1, 1916, as amended
25 (40 U.S.0. 275 and 282) .
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1 (15) The fourth from the last paragraph under the sub-
2 heading "PuBmc nutunxGs- under the heading "UNDER
3 TEE TREASURY DEPARTMENT' in the Act entitled
4 "An Act making appropriations for sundry civil expenses of
5 the Government for the fiscal year ending June thirtieth,
6 nineteen hundred and one, and for other purposes", approved
7 June 6, 1900, as amended (40 U.S.C. 276) .
8 (16) That part of the proviso in the last paragraph
9 under the subheading "PUBLIC BUILDINGS" under the head-
10 "UNDER THE TREASURY DEPARTMENT" in
11 the Act entitled "An Act making appropriations for sundry
12 civil exepenses of the Government for the fiscal year ending
13 June thirtieth, eighteen hundred and ninety-three, and for
14 other purposes", approved August 5, 1892, as amended (40
15 U.S.C. 277) , which reads ": nor shall there hereafter be paid
16 more than six dollars per day to any person employed out-
17 side of the District of Columbia, in any capacity what-
18
ever, whose compensation is paid from appropriations for
19 public buildings in course of construction, but the Secretary
20 of the Treasury may, in his discretion, authorize payment in
21 cities of eighty thousand or more inhabitants of a sum not ex-
22 ceeding eight dollars per day for such purposes".
9"
..0 A17) So much of the eighth from the last paragraph
24 under the subheading "runt,Ic BUILDINGS" under the head-
25 ing "UNDER THE TREASURY DEPARTMENT" in
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1 the Act entitled "An Act making appropriations for sundry
2 civil expenses of the Government for the fiscal year ending
3 June thirtieth, eighteen hundred and eighty-eight, and for
4 other purposes", approved March 3, 1887, as amended (40
5 U.S.C. 278) as reads ", and hereafter where public buildings
6 shall be completed with the exception of heating apparatus
7 and approaches but one person shall be employed by the
8 Government for the supervision and care of such building".
9 (18) Titles I and III and sections 401 and 406 of
10 the Public Buildings Act of 1949 (40 U.S.C. 352, 353,
11 354, 297, 297a, 298, and 298c) .
12 (19) Except for sections 3 and 8, all of the Act en-
13 titled "An Act to provide for the construction of certain
14 public buildings, and for other purposes", approved May 25,
15 1926, as amended (40 U.S.C. 341 and the following) .
16 (20) The proviso in the next to last paragraph under
17 the subheading "MISCELLANEOUS PUBLIC BUILDING PRO,T-
18 ECTS" under the heading "TREASURY DEPARTMENT"
19 in the Act entitled "An Act making appropriations to supply
20 deficiencies in certain appropriations for the fiscal year end-
21 ing June 30, 1928, and prior fiscal years, to provide supple-
22 mental appropriations for the fiscal year ending June 30,
23 1928, and for other purposes", approved Decenl_be_r_ 22,
24 1927 (40 U.S.C. 342a) .
25 (21) Section 3 of the Act entitled "An Act authorizing
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1 the Secretary of the Treasury to acquire certain lands
2 within the District of Columbia to be used as sites for public
3 buildings", approved January 13, 1928, as amended (40
4 U.S.C. 348) .
5 (22) Subsections (e) and (e) of the Act entitled "An
6 Act To amend the Act entitled 'An Act to provide for the
7 construction of certain public buildings, and for other pur-
8 poses,' approved May 25, 1926 (Forty-fourth Statutes,
9 page 630) ; the Act entitled 'An Act to amend section 5 of
10 the Act entitled 'An Act to provide for the construction of
11 certain public buildings, and for other purposes," approved
12 May 25, 1926,' dated February 24, 1928 (Forty-fifth Stat-
13 utes, page 137) ; and the Act entitled 'An Act authorizing the
14 Secretary of the Treasury to acquire certain land within the
15 District of Columbia to be used as space for public buildings,'
16 approved January 13, 1928 (Forty-fifth Statutes, page 51) ",
17 approved March 31, 1930, as amended (40 U.S.C. 349 and
18 350a) .
19 (23) The Act. entitled "An Act To authorize the Secre-
20 tary of the Treasury to accept donations of sites for public
21 buildings", approved June 27, 1930, as amended (40
22 U.S.C. 350) .
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Union Calendar No. 214
Sfirit CONGRESS T TR 7645
1ST SESSION i-i. R.
[Report No. 557]
A BILL
To provide for the construction, alteration, and
acquisition of public buildings of the Federal
Government, and for other purposes.
By Mr. JONES of Alabama
JUNE 10, 1959
Referred to the Committee on Public Works
JUNE 17, 1959
Reported with amendments, committed to the Com-
mittee of the Whole House on the State of the
Union, and ordered to be printed
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TAB
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86TH CONGRESS t HOUSE OF REPRESENTATIVES REPORT
18t Session ) No. 557
PUBLIC BUILDINGS ACT OF 1959
JUNE 17, 1959.?Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. JONES of Alabama, from the Committee on Public Works,
submitted the following
REPORT
[To accompany H.R. 76451
The Committee on Public Works, to whom was referred the bill
(H.R. 7645) to provide for the construction, alteration, and acquisition
of public buildings of the Federal Government, and for other pur-
poses, having considered the same, report favorably thereon with
amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Page 6, line 13, strike out "$200,000" and insert in lieu thereof
"$100,000".
Page 10, strike out line 20 and all that follows down through and
including line 17 on page 11 and insert the following:
(1) The term "public building" means any building,
whether for single or multitenant occupancy, its grounds,
approaches, and appurtenances, which is generally suitable
fOr office or storage space or both for the use of one or more
executive agencies or mixed ownership corporations, and
'shall include: (i) Federal office buildings, (ii) post offices,
(iii) customhouses, (iv) courthouses, (v) appraisers stores,
(vi) border ,inspection facilities, (vii) warehouses, (viii)
record centers, (ix) relocation facilities, (x) similar Fed-
eral facilities, and (xi) any other buildings or construction
projects the inclusion of which the President may deem,
from time to time hereafter, to be justified in the public
- interest; but shall not include any such buildings and con-
struction projects: (A) on the public domain (including tin t
reserved for national forests and other purposes), (B) on
properties of the United States in foreign countries, (C) on
Indian and native Eskimo properties held in trust by the
34000
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?,United States, (D) on lands used in connection with Federal
Programs for agricultural, recreational, and conservation
purposeS, including research in connection therewith, (E)
on or used. in connection with river, harbor, flood control,
reclamation, power, chemical manufacturing or develop-
ment projects, (F) on or used in connection with housing and
residential projects, (G) on military installations (including
any fort, camp, post, naval training station, airfield, proving
ground, military supply depot, military school, or any similar
facility of the Department of Defense), (11) on Veterans'
Administration installations used for hospital or domiciliary
purposes, and (I) the exclusion of which the ,President may
deom, from time to time hereafter, to be justified in the
public interest.
Page 13, line 18, immediately after "shall," insert "except for the
authority contained in section 4,".
Page 13, line 20, strike out "$200,000." and insert in lieu thereof
the following:
$100,000, and may be delegated to the appropriate executive
affency where the Administrator determines that such delega-
tion will promote efficiency and economy. No delegation of
responsibility or authority made under this section shall
exempt the person to whom such delegation is made, or the
exercise of such responsibility or authority, from any other
provision of this Act.
COMMITTEE ACTION
This report represents the unanimous views of the Committee on
Public Works, and the committee urges the immediate enactment of
this much-needed legislation.
PURPOSE OF THE BILL
The primary purpose of H.R. 7645 is to provide the basic statute
which would vest in the Administrator of General Services authority
and responsibility for acquiring, constructing, altering, repairing,
remodeling, improving, or extending public buildings and acquiring
the necessary sites or additions to sites in connection therewith. The
bill provides authority needed by the Administrator of General
Services to carry out his responsibilities with respect to public buildings
in an economical and efficient manner.
GENERAL STATEMENT
The committee has made a thorough study of the various laws on
the subject of public buildings which have been enacted in the past 55
years as discussed in detail hereafter in the report. Existing legisla-
tion relating to the acquisition and construction of public buildings
is a patchwork of measures dating back to June 6, 1902, when the
first overall act was passed by the Congress. 'However, the present
basic authority for the appropriation of -funds for direct construction
of public buildings stems largely from the Public Buildings Act of
1926 and its many amendments.
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The committee recognizes that present laws touch on the subject of
real property management, including public buildings acquisitions and
construction, but that no fundamental concept in this area has been
developed; and that, although the Administrator of General Services
appears to have far-reaching responsibilities in this connection, his
authority, to accomplish these responsibilities is unclear and diffused.
At the present time all of the authorizations for appropriations for
public buildings which were contained in the Public Buildings Act of
1926"and its amendments have been exhausted. Therefore, no further
public building construction can take place until Congress enacts
necessary authorization for that construction.
In recent years, authorizations for the construction of several public
buildings of the classes and types which were clearly the responsibility
of the Administrator of General Services have been granted by Con-
gress to the agencies concerned, bypassing the Administrator of
General Services. As a result, there has been no orderly or systematic
approach to the provision of general purpose public buildings. Enact-
ment of H.R. 7645 would return to the jurisdiction of the Adminis-
trator of General Services responsibility for authorizing general
purpose and related classes of public buildings required to accom-
modate the various activities of the Government. The bill provides
continuing and permanent authority for carrying out a program for
the repair, remodeling, improving, and extending of public buildings
of the classes under the control of the General Services Administration.
Special purpose facilities closely related to the program activities of
the various departments and agencies of the Federal Government are
not encompassed by the bill. The committee has studiously avoided
infringing or trespassing on the jurisdiction of any other legislative
committee in this bill.
Enactment of H.R. 7645 would in the estimation of the committee
facilitate the construction, at the least possible cost, of public buildings
in communities throughout the Nation where an urgent need has been
apparent for some years.
HISTORY OF PUBLIC BUILDING CONSTRUCTION LAWS
The committee believes a history of public buildings construction in
the United States will serve to round out this report.
For many years after the founding of the Nation, no steps were taken
to establish, by law, a department or bureau responsible for providing
public buildings. As the need for public buildings developed, the Sec-
retary of the Treasury was made legally responsible from time to time
for the construction of customhouses, Marine hospitals, mints, assay
offices, appraisers stores, and courthouses. Until about 1853, no
uniform method was observed in the design and construction of public
buildings. By that time the United States owned 23 customhouses
and 18 Marine hospitals while 15 customhouses were in the course of
construction. The problem had reached the point where centralized
control over the construction and maintenance of such structures was
desirable.
That year the Secretary of the Treasury established a unit in the
Treasury Department that was called the Construction Branch. Its
duties included the selection of sites for all buildings under the Treas-
ury Department; procuring of release of jurisdiction from States in
which sites were situated; the making of plans and estimates for
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custornIkouses, mints and Marine hospitals; and the general super-
vision of their construction. The Construction Branch existed without
appropriate legal status, but received indirect recognition by le a-
tion authorizing the employment of certain officers and clerks, Prior
to 1853 and up to 1891, there were a number of salient legislative
enactments affecting acquisition of sites anti construction of buildings.
These included the acts of September 11, 1841; July 25, 1868; July 15,
June 1870; 10, 1872; June 23, 1874; March 3, 1875; March 3, 1879;
August 7, 1882; March 3, 1883; March 3, 1887; March 2, 1889; and
March 3, 1891.
In 1885 the supervising architect recommended the establishment
of a Board of Public Buildings of the Treasury Department to consist
of, or include, technical experts and suggested, also, competitions for
the design and construction of buildings. In 1891, the supervising
architect made further recommendations relative to the advertise-
ments for sites, personal inspection of property and agents, and the
permanent employment of construction superintendents to supervise
construction of public buildings. Previously, local superintendents
had been engaged on a per diem basis. At the same time the complaint
was made that the Congress failed to IIRC the supervising architect's
data as the basis for authorizations and appropriations for public
buildings and that, instead, it haphazardly passed hills for public
buildings whether needed or not.
OMNIBUS BUILDING ACTS
On Julie 61 1902, the first of the so-called Omnibus Buildings Act
was approved. .Previous to that time usually a separate bill had been
mg into the legislative hopper for each new project; rarely did the bill
melnde more. than three projects. The act of 1902 provided for
increased hinds for cost on more than 60 buildings and authorized
approxitmttelv 150 new projects.
The last o the omnibus bills was passed on March 4, 1913. It.
provided for a program of 841,797,350. It authorized an increase in
hnu(s of costs of many projects anal a substantial number of new
projects. It provided for 399 buildings in all categories. The final
section of The last omnibus bill of March 4, 1913, is significant; the
Congress was beginning to have a forward-looking conception of the
design and construction of Federal buildings.
The section provided for the creation of a Commission composed
of the Secretary of the Treasury, the Postmaster General and the
Attorney General, Iwo members of the Committee on Public Buildings
and Grounds of the Senate and two members of the Committee on
Public Buildings and Grounds of the House of Representatives.
This Commission, with the aid of the supervising architect of the
Treasury, was directed to present, to Congress a plan of annual ap-
pl_?opriations for the eonstructkin and completion of public buildings.
Within 1.1 reasonable time the Commission was to establish standards
for the size and costs of public buildings. It was to report on the
size and accommodations and costs of buildings required in the various
communities and recommend whether existing appropriations for
such buildings should be increased or decreased. The creation of this
commission was extremely significant- for it was the first attempt bv
Congress to set up actual standards in dealing with the overall
construction of public buildings.
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WORLD WAR I AND 1926 ACT
The entire building construction program was suspended for all
practical purposes as a result of World War I. For a number of years
after World War I repeated requests for space were made by the de-
partments and other governmental agencies throughout the country.
The housing situation for Federal agencies became acute. In a mes-
sage to Congress, dated December 9, 1925, President Coolidge dealt
with the need for new public buildings to help in economical and effi-
cient conduct in the Nation's business. He pointed out that: "No
public buildings bill has been enacted since before the war." The bill
enacted as the result of the concentrated interest during the years
from 1920 to 1926 was the Public Buildings Act of May 25, 1926.
This is the basic authority for direct appropriation construction today.
This act carried a total authorization of $115 million, for buildings
outside the District of Columbia and $50 million, for buildings inside
the District of Columbia. It assembled much of the worthwhile legis-
lation that had been enacted from time to time in the past for the con-
struction of public buildings. The Secretary of the Treasury was
directed to submit annually to the Bureau of the Budget and from time
to time as might be required, detailed estimates of the amount to be
expended during the fiscal year. These estimates were to state the
location and the limits of costs of the buildings proposed. The Secre-
tary of the Treasury was directed to allocate the amount to be ex-
pended in the different States on the basis of area, population, and
postal receipts. He was required, also, to submit an annual report
to Congress showing the location and limits of costs of all public build-
ings which he, and the Postmaster General (when his Department was
involved) deemed necessary.
The Public Buildings Act of May 25, 1926, is based on sound funda-
mental principles. The successful operations of the Public Buildings
Administration under its provisions and under the number of amenda-
tory acts approved within the next few years are ample proof of its
basic soundness.
EMERGENCY BUILDING LEGISLATION
In the latter part of 1929 the Nation was plunged into a period of
depression, and, as a result, an emergency construction program was
set up by the Congress. The 1st session of the 72d Congress met on
December 7, 1931, in the midst of this depression. To effect econo-
mies in Government expenditures, President Hoover did not transmit
to Congress any estimates for further Federal construction, and the
entire building program came to a halt.
The first congressional enactment for the relief of unemployment,
at that time, was to provide for the expansion of the public works
program by Public Law 302, 72d Congress, 1st session, approved
July 21, 1932. Under title III, public works, section 301(a), item 10,
this provision was made:
For emergency construction, of public building projects
outside the District of Columbia (including the acquisition
where necessary, by purchase, condemnation, or otherwise,
of sites and additional land for such buildings, the demolition
of old buildings where necessary, and the construction, re-
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modeling, or extension of buildings), such projects to be
selected by the Secretary of the Treasury and the -Postmaster
? General from public building projects specified in House
Document No. 788, 71st Congress, 3d session, $100,000.
In section (4) of the act entitled "An act for the relief of unemploy-
ment through the performance of useful public works and for other,
purposes," approved Mardi 31, 1933, Public Law 5, 73d Congress,
the President was authorized to expend, out of any unobligated
moneys previously appropriated for public works, such sums as might
be necessary to carry out the so-called Reforestation Act. Under this
authority the President transferred from the predecessor of the Public
Buildings Administration to PITA all but approximately $7 million
of the $100 million appropriated in the art of July 21, 1932.
After the passage of the National Industrial Recovery Act (June 16,
1933) all agencies requiring funds for public works were directed to
secure such funds from the Administrator of the Federal Emergency
Administration for Public Works. From that sources a total of
$70,366,275 was allotted for Federal building construction, sub-
stantially all of which was obligated and expended.
On June 19, 1934, Congress appropriated $65 million for acquisition
of sites and construction of buildings and stipulated that $2,500,000
should be made available by the Public Works Administration to the
Treasury Department. This latter fund was to be used at the dis-
cretion of the Secretary of the Treasury as an available fund from
which the original limit of cost could be increased to an amount not
exceeding 10 percent for any one building, in order to make it possible
to enter into a contract for the construction of a building.
The first emergency program was followed by a second of $60 million
on August 12, 1935, and a third of $60 million on June 22, 1936. On
August 25, 1937, a further legislative authorization of $70 million
was granted, the expenditures under this art to extend over a period
of 3 years. This authorization was expanded on June 21, 1938, to
$130 million. Due to changes in space requirements and costs, a
number of projects included in previous reports required increases in
limits of costs and this was taken care of by the second Deficiency
Appropriation Act of 1940. Increased limits of costs were author-
ized for 34 projects and the total authorization of $130 million in
the Federal Buildings Appropriations Act of 1938, was increased to
$133,500,000.
In total, during this period, Conyess directly authorized the sum
of $318,500,000 to the Public Buildings Administration, or its prede-
cessors, under the several emergency construction acts. The Public
Buildings Administration, or that organization under its previous
title, Public Buildings Branch, Procurement, Division, was always
careful to live within the scope of the art of May 25, 1926, except as
the authority of that act was broadened in the emergency appro-
priations arts.
LEGISLATION AFTER WORLD WAR II
With the advent of World War II in 1939, the entire building pro-
gram came to a halt. Practically no construction outside of an emer-
gency program '.as entered into during the period following the year
1939. By the year 1949, the building construction program insofar
as Federal work was concerned had produced nothing of importance
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during the previous 10-year period. At the same time, from 1939 to
1949, the activities of the Government expanded by leaps and bounds,
paralleling the tremendous increase in the Nation's business activities,
complete with an above normal increase in population during the
war and postwar years. As a result, the Federal Government found
itself with a highly inadequate physical establishment to carry on its
multitude of activities in an efficient and businesslike manner. In
1949, the Congress enacted the Public Buildings Act of 1949, known
as Public Law 105 of the 81st Congress' and it further enacted Public
Law 152 of the 81st Congress. Public Law 105, in essence, provided
as follows: An authorization of $40 million for acquisition of sites and
preparation of plans for Federal public buildings outside the District
of Columbia, and $30 million for improvement of existing federally
owned buildings.
Public Law 152 created the General Services Administration
headed by an Administrator, appointed by the President with the
advice and consent of the Senate. The Federal Works Agency, the
Public Buildings Administration, and the Office of Commissioner of
Public Buildings, among others, were abolished and their functions
were transferred to the General Services Administration.
The last significant change in public buildings construction law
came about in 1954, when the Congress enacted the so-called lease-
purchase program (Public Law 519, 83d Cong.). That law author-
ized a program for the construction of public buildings financed by
private capital on a, 10- to 25-year deferred payment basis, title to
the improvement remaining in the private owner during the deferred
payment period. At the end of this period, title passed to the Govern-
ment. Under this act, 29 public buildings have been or are being
constructed. The Lease Purchase Act expired July 22, 1957. The
program was brought to a further halt with the enactment of the
Independent Offices Appropriation Act, 1959 (Public Law 85-844,
72 Stat. 1063), which contained a provision prohibiting execution
of any further purchase contracts.
SECTION-BY-SECTION EXPLANATION OF H.R. 7645
First section
The first section provides the short title for the bill of the "Public
Buildings Act of 1959".
Section 2
The second section provides that the Administrator of General
Services shall be the officer of the Government who shall construct
public buildings, prohibits the construction of public buildings except
by the Administrator, and further directs that he shall construct such
buildings in accordance with the provisions of this bill.
Section 3
The third section authorizes the Administrator to acquire any
building and its site which he determines to be necessary to carry
out his duties under the bill. The Administrator is authorized to
acquire any such building by purchase, condemnation, donation,
exchange, or any other fashion which would result in the United
States becoming the owner of the property.
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Section 4
. Subsecilion (a) of the fourth section grants the Administrator the
authority to alter any public building which is under his control. He
is also authorized to acquire any land which may be necessary to
carry:out this alteration.
Subsection (b) of this section exempts from the committee approval
required in section 7 of the bill any alteration, including any neces-
sary acquisition of land needed to carry out the alteration, the total
estimated maximum cost of whieh does not exceed $200,000.,
Section 5
The fifth section deals generally with site acquisition.
Subsection (a) of this section authorizes the Administrator to ac-
quire necessary lands or interests therein for use as sites or addition to
sites for public buildings to be constructed or altered under this bill.
He can acquire these lands by purchase, condemnation, donation,
exchange, or otherwise.
Subsection (b) requires the Administrator and the Postmaster
General to act jointly in selecting both the general location (that is
the city or town) and the specific location (within the particular city
Or town) of the site for a public building to be used in whole or in part
for post office purposes.
Subsection (c) permits the Administrator, when he deems it neces-
sary, to solicit by public advertisement, proposals for sale or donation
or exchange of real property to the United States for use as a site for
a public building. He is also authorized to select the site most ad-
vantageous to the United States, considering all of the factors involved
(acting in concurrence with the Postmaster General in the case of a
public building to be used in whole or in part for postal purposes), and
toatquire this site without regard to title III of the Federal Property
and Administrative Services Act of 1949, as amended.
Section 6
Subsection (a) of section 6 gives the Administrator authority,
whenever he deems it to be in the best interest of the United States
to construct a new public building to replace an existing one, to
demolish the existing public building and to use the site thereof as
the site for the new public building, or to exchange the existing build-
in g and site, or just the site, for another site, or to sell the existing
building and site in accordance with the Federal Property and Ad-
ministrative Services Act of 1949, as amended. Whether in any
given instance he will demolish, exchange, or sell depends on his
judgment as to which is the most advantageous procedure for the
United States.
Subsection (b) of this section permits the Administrator to exchange
for another, or to sell, in accordance with the Federal Property and
Administrative Services Act of 1949, as amended, any site which he
has acquired for the construction of a public building but which he
determines no longer suitable for that. purpose.
Subsection (e) prohibits the Administrator from using any land as
a site for a pubhcbuilding if the project has not received the approval
required by section 7 of the bill, notwithstanding any other provision
of this section 6.
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Section 7
Section 7 generally prohibits an appropriation to construct, alter,
or acquire any public building under this act if this work has not
first been approved by the Committees on Public Works of the
Senate and the House of Representatives, respectively.
Subsection (a) of this section provides that, except in the case of
alterations costing less than $200,000 as specified in section 4, in
order to insure equitable distribution of public buildings throughout
the United States with due regard for the comparative urgency of
need for these buildings, no appropriation shall be made to alter any
public building involving an expenditure of more than $200,000, or
to construct or acquire any building to be used as a public building
involving an expenditure of more than $100,000, if the construction,
alteration, or acquisition has not first been approved by the Commit-
tees on Public Works of the Senate and House of Representatives,
respectively, and if the approval has not been rescinded as provided
in subsection (c) of the section. For the purpose of securing consid-
eration of approval of the committees the Administrator is required
to transmit to Congress a prospectus of the proposed project. This
prospectus must include the following information (but is not limited
to such information) :
(1) A brief description of the building to be constructed or
acquired, or of the alterations, as the case may be;
(2) The project's location, and an estimate of the maximum
cost of the project;
(3) A comprehensive plan for providing space for all Federal
Government officers and employees in the locality of the proposed
project, having due regard for other suitable space available in
existing U.S. buildings and in rented buildings;
(4) A statement by the Administrator that neither federally
owned space is available nor rental space is available at a price
commensurate with that to be afforded by the proposed action;
and
(5) A statement of rents and other housing costs being paid
at that time by agencies to be housed in the proposed project.
Subsection (b) of section 7 permits the Administrator to proceed
with an approved project without further approval from the congres-
sional committees if the estimated maximum cost of the construction
or alteration, as the case may be, is increased by reason of increased
construction or alteration costs from the date of transmittal of the
prospectus to the committees of Congress so long as the increase is
not in excess of 10 percent of the estimated maximum cost.
Subsection (c) of this section provides that when a project has been
approved by both the Committees on Public Works of the Senate and
House of Representatives for more than 1 year and no appropriation
has been made within this 1-year period, thereafter, but before an
appropriation is actually made, either of the committees may rescind
its approval.
Subsection (d) of this section prohibits the Committees on Public
Works of the Senate and the House of Representatives from approving
any new projects whenever there are 30 or more projects, the estimated
maximum cost of each is in excess of $100,000, which have been
approved for more than 1 year and for which no appropriations have
al. Rept. 557, 86-1---2
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been made until there has either been appropriations or reeissions of
approval which result in the number of such approved projects
dropping to less than 30.
Section 8
The eighth section of the bill is a restatement of the existing law
with respect, to public buildings and their sites in the District of
Columbia,
Subsection (a) of this section sets out the area in the District of
Columbia within which the Administrator may acquire real property
for the purposes of this bill. It is the same area within which he is
presently permitted to take land for these purposes, so that what this
subsection does is to bring existing law together in one place.
Subsection (b) is also a reenactment, of existing law and requires
that in the District of Columbia the purposes a this act shall be
carried out as nearly as may be practical) e with the plan of Peter
Charles L'Enfunt.
Subsection (c) provides for the closing and vacating of streets where
necessary in the course of constructing or altering a public building
under this act. The Administrator of General Services the Board
of Commissioners of the District of Columbia, and die National
Capital Planning Commission must all agree before a street can be
closed. This section is also a reenactment of existing law on this
subject.
Section 9
Section 9 authorizes the, Administrator to carry out construction
or alteration of public buildings by contract whenever he deems it to
be most advantageous to the United States.
Section 10
Subsection (a) authorizes the Administrator to employ, by contract
or otherwise, the services of established architectural or engineering
corporations, firms, or individuals to the extent, he requires their
services to construct or alter a public building under this act. This
employment is to be without regard to the Classification Act of 1949,
as amended, or to the civil service laws, rules, and regulations or to
section 3709 of the Revised Statutes. Persons employed under this
section are intended to be considered for the purposes of the laws of
the "United States as independent contractors and not as employees
of the United States.
Subsection (b) prohibits the employment of any corporation, firm,
or individual on a permanent basis.
Subsection (e) reenacts what is substantia4 a provision of existing
law. This subsection provides that notwithstanding any other
provision of this section 10, the Administrator shall be responsible
for all construction, the interpretation or construction contracts, the
approval of materials and workmanship, of changes in construction
contracts, certification of vouchers for _payments due the contractor,
and final settlement of the contract. This subsection is intended to
insure that the Administrator shall not be able to contract away any
of his basic responsibility, and it is not intended that the determination
of the Administrator under this subsection be conclusive where the
interpretation of a contract involves a question of law only.
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Section 11
Subsection (a) requires the Administrator to submit to Congress an
annual report in January of each year on the location, space, cost, and
status of each public building to be constructed, altered, or acquired
under this act, the construction or alteration of which was not com-
pleted, or which had not been acquired at the time of the last preceding
report.
Subsection (b) provides that upon resolution of either of the Com-
mittees on Public Works of the Senate or of the House of Representa-
tives the Administrator and the Postmaster General shall make
building project surveys and make a report thereon to Congress.
This report shall contain all the information required to be included
in a prospectus submitted to Congress under section 7(a) as well as
any other information which may be requested by the resolution or
which the Administrator and Postmaster General deem appropriate.
Section 12
Subsection (a) provides that the Administrator shall make a con-
tinuing investigation survey of need for public buildings of the
Federal Government in order that he carry out his duties under this
act. The Administrator is authorized to submit prospectuses for
public buildings to Congress in accordance with section 7(a) of this act.
Subsection (b) requires the Administrator and the various Federal
agencies to cooperate with each other so that the purposes of the act
will be achieved.
Subsection (c) provides that the Administrator shall provide for the
construction and acquisition of public buildings throughout the United
States with due regard to the comparative urgency of the need for
each particular building.
Section 13
This section defines seven terms which are used throughout the bill
in order to insure that they will have the same meaning throughout the i
bill. One of the most important of the defined terms s that of "public
buildings." The definition of this term is substantially that which the
Congress has established in the Public Buildings Act of 1926 and in
the various acts which amend it and which supplement it. The defini-
tion is explicit in stating those buildings which are included within the
scope of the bill, as well as those which are excluded. This is com-
patible with the Legislative Reorganization Act of 1946 and the
Federal Property and Administrative Services Act of 1949.
Section 14
Section 14 exempts from the application of the bill certain small
public buildings projects for which appropriations were made in the
Independent Offices Appropriation Act, 1959, and certain lease-pur-
chase projects which are already under construction and for which
appropriations were also made in such act of 1959. In addition, it
exempts public buildings for which appropriations for direct con-
struction by an executive agency other than General Services Ad-
ministration have been made prior to the date of enactment of this bill.
Section 15
This section provides that the Administrator of General Services
shall, upon request, delegate the performance of the responsibilities
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and authorities vested in him under this act to the appropriate execu-
tive agency where the estimated cost of the project does not exceed
$100,000, and such performance may be delegated to the appropriate
executive agency where the Administrator determines that it will
promote efficiency and economy. The section further provides that
no delegation made under this section shall exempt either the person
to whom the delegation is made, or the exercise of the delegated
responsibility or authority, from any other provision of this act.
Section 16
Section 16 explicitly preserves the leasing authority of both General
Services Administration and the Post Office Department and the
authority for improvement of public buildings through the postal
modernization fund.
Section 17
Section 17 repeals certain laws or parts thereof which have become
obsolete over the years or would be made so by virtue of the enact-
ment of this legislation, including the Public Buildings Act of 1926,
as amended, and portions of the Public Buildings Act of 1949,
amended.
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CHANGES IN EXISTING LAW
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as
introduced, are shown as follows (existing law proposed to be omitted
is enclosed in black brackets, existing law in which no change is pro-
posed is shown in roman):
NOTE.?For the information of the Members of the House, Part 3 of
1939 Reorganization Plan No. I (effective July 1, 1939), section 103
of the Act of June 30, 1949, and 1950 Reorganization Plan No. 18
(effective July 1, 1950) are included in the Appendix of this report.
Such Plans and section 103 of such Act transferred certain functions
from the Treasury Department to the Federal Works Agency, and,
Subsequently, transferred such functions from the Federal Works
Agency to the Administrator of General Services.
Section 6 of the Act approved September 1, 1916 (39 Stat. 716;
40 U.S.C. 23)
SEC. 6. [That hereafter no part of any money appropriated by this
or any other Act shall be used for the payment to the Washington
Gas Light Company or the Georgetown Gas Light Company for any
gas furnished by said companies for use in any of the public -buildings
of the United States or the District of Columbia at a rate in excess of
70 cents per one thousand cubic feet.] On and after the first day of
October, nineteen hundred and sixteen, the Washington Gas Light
Company shall not charge or collect for gas furnished a private con-
sumer in any part of the District of Columbia a rate in excess of 75
cents per one thousand cubic feet of gas so furnished: Provided, That
if a consumer of gas other than the Government or the District of
Columbia shall not pay monthly any gas bill within ten days after
the same shall have been presented, said gas company may charge
and collect from any such consumer so failing to pay said gas bill as
aforesaid 10 cents additional for each one thousand cubic feet of gas
represented by said bill: And provided further, That nothing herein
contained shall be construed as limiting or taking away any of the
powers now vested by law in the Public Utilities Commission of the
District of Columbia.
That from and after October first, nineteen hundred and sixteen,
the Georgetown Gas Light Company shall not be permitted to charge
or collect more than 85 cents per one thousand cubic feet for gas for
cooking, illuminating, or other purposes.
13
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First sentence of last paragraph under the side heading "Lighting
and Heating for the Public Grounds" under the subheading
"UNDER ENGINEER DEPARTMENT" under the heading "UNDER
THE WAR DEPARTMENT" in the Act approved March 4, 1911
(36 Stat. 1404; 40 U.S.C. 24)
thereafter no greater sum shall he paid any company for lighting
Any gas or electric lamp in the public grounds, or for installing or
moving the same, than is paid by the District of Columbia for similar
services, and no contract shall be required to be entered into for
lighting the public grounds.] Any settlement for arc lighting under
the existing contract with the Potomac Electric Power Company
effected by the Commissioners of the District of Columbia shall apply
to the contract with the same company for arc lights for the public
. grounds and highway bridge.
'Proviso in sixth paragraph under the side heading "In the Office of
the Comptroller of the Currency" under the heading "TREAS-
URY DEPARTMENT" in the Act approved July 15, 1870 (16 Stat.
, 311; 40 U.S.C. 32)
TREASURY DEPARTMENT.
In the Office of the Comptroller of the Currency.?For one clerk of
class four, one clerk of class three, two clerks of class two, and three
clerks of class one, nine thousand eight hundred dollars.
For ventilating the attic rooms in the west wing of the Treasury
Department building, twelve thousand dollars.
For ventilating the attic rooms in the east wing, thirteen thousand
two hundred dollars.
For annual repairs of the treasury building, fifteen thousand dollars.
For file cases, shelving for vaults, permanent counters, desks, tables,
and other necessary fixtures, and for renovation of walls and floors, for
the proper arrangement. and preservation of the records and files of the
Treasury Department, twenty-three thousand eight hundred and
twenty-five dollars and thirty-two cents.
For fitting, putting up, and casing old vaults, for casing, and
shelving, and for book-cases for records in the offices of the Secretary
of the Treasury, and others, fourteen thousand and thirty-five
dollars t : Provilled, That hereafter no alteration shall he made, or
work one upon the treasury building, except for ordinary repairs,
except upon authorization of and in accordance with specific
appropriations therefor].
Section 9 of the lAct approved March 4, 1907 (34 Stat. 1371; 40
U.S.C. 33)
[Sue. 9. No appropriation heretofore or hereafter made for the
construction or equipment of any executive or municipal building in
the District of Columbia shall he expended for the production of
electricity for light or power, unless, in the judgment of the Secretary
of the Treasury ', such necessary electric current for light and power
cannot be obtained at a less cost.]
1 Functions transferred to the Administrator of General Services.
See Note supra, and Appendix.
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Fourth from last paragraph under the subheading "BUILDINGS AND
GROUNDS IN AND AROUND WASHINGTON" under the heading
"UNDER THE WAR DEPARTMENT" in the Act approved
March 3, 1883 (22 Stat. 615; 40 U.S.C. 59)
For repair of water-pipes and fire-plugs: For repairing and extending
water-pipes, purchase of apparatus to clean them, and cleaning the
springs and repairing and renewing the pipes to the same that sup-
ply the Capitol, the Executive Mansion, and the building for the
State, War, and Navy Departments, two thousand five hundred
dollars[; and all officers in charge of public buildings in the District
of Columbia shall cause the flow of water in the buildings under their
charge to be shut off from five o'clock post meridian to eight o'clock
ante meridian: Provided, That the water in said public buildings is
not necessarily in use for public business].
Section 2 of the Act approved June 23, 1874 (18 Stat. 276; 40
U.S.C. 254)
[SEC. 2. That in the selection of a site for any public building not
yet commenced, reference shall be had to the interest and convenience
of the public, as well as to the best interests of the Government;
and the Secretary of the Treasury 1 shall have power, and it shall be
his duty, to set aside any selection which in his opinion has not been
made solely with reference thereto. No expenditure shall be made
upon any building, a site for which has been selected, and work upon
which has not been commenced, until such of the persons who acted
as commissioners in selecting such site shall make and file with the
Secretary of the Treasury 1 an oath or affirmation that he is not at
the time of making the affidavit, and was not at the date of making
the selection of such site, directly or indirectly interested in the prop-
erty selected for the same, and a similar affidavit shall be made and
filed by each and every person hereafter appointed as such commis-
sioner, before any site shall be finally adopted. In either case a
failure on the part of any commissioner to make and file such an
affidavit shall render the selection void.]
Thirty-first and thirty-second paragraphs under the subheading
"PUBLIC BUILDINGS" under the heading "UNDER THE TREAS-
URY DEPARTMENT" in the Act approved March 2, 1889 (25
Stat. 941; 40 U.S.C. 260, 268)
[That hereafter no plan shall be approved by the Secretary of the
Treasury 1 for any public building authorized by Congress to be
erected, until after the site therefor shall have been finally selected;
and he shall not authorize or approve of any plan for any such build-
ing which shall involve a greater expenditure in the completion of
such building, including heating apparatus, elevators, and approaches
thereto, than the amount that shall remain of the sum specified in the
law authorizing the erection of such building excluding cost of site,
1 Functions transferred to the Administrator of General Services. See Note supra, and Appendix.
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hat hereafter commissions shall not be paid for disbursements on
ac mint of sites for public buildings; nor on account of construction
of public buildings except for moneys actually handled and paid out
by disbursing agents; and payments for sites for public buildings
under the control of the Treasury Department shall be made by the
Treasury Department, at Washington, District of Columbia, by drafts
or checks payable to the grantors of such sites or their legal repre-
sentatives.]
Fifth from last paragraph under the subheading "PUBLIC BUILD-
INS" under the heading "UNDER THE TREASURY DEPART-
MENT" in the Act approved March 4, 1909, as amended (35
Stat. 959; 45 Stat. 987; 40 U.S.C. 262)
[The Secretary of the Treasury is authorized, until their removal
becomes necessary, to rent any building or buildings not reserved by
the vendors on lands heretofore or hereafter acquired for building sites
or for the enlargement of building sites, the proceeds to be deposited
in the Treasury.]
Fortieth paragraph under the subheading "PUBLIC BUILDINGS"
under the heading "UNDER THE TREASURY DEPARTMENT"
In the Act approved August 7, 1882 (22 Stat. 305; 40 U.S.C. 263)
To enable the Secretary of the Treasury ' to purchase a site and
cause to be commenced thereon the erection of a building for the uses
of the government offices at the city of Rochester, New York, one
hundred and fifty thousand dollars: Provided, That no act passed
authorizing the Secretary of the Treasury to purchase a site and
erect a public building thereon shall be held or construed to appropriate
money unless the act in express language makes such appropriations].
Last paragraph of section 5 of the Act approved Mardi 4, 1913
(37 Stat. 879; 40 U.S.C. 264)
United States post office at Newcastle, Wyoming, $5,000r: Pro-
vided, That hereafter no authorization shall be made for the con-
struction of a building to be used exclusively for post office purposes
at any town or city where the postal receipts have not reached the
Burn of $10,000 annually, nor 1iall any authorization for the pur-
chase of a site for pont office purposes only be made at any town or
city where the postal receipt hilve not r:ached the sum of $6,000
annually].
Section 35 of the Act approved June 15, 1910, as Amended (36 Stat.
699; 52 Stat. 683; 40 U.S.C.265)
:Dix. 35. The Secretary of the Treasury I may, in his 'discretion,
upon the request of the 'head of any other executive department,
independent establishment, or other Pederal agency, cause the Pro-
Functions transferred to the Administrator of General Services. Bee Note supra, and Appendix,
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curement Division, Treasury Department,' to carry out the construc-
tion of any .building or buildings for governmental purposes which
any such executive department, establishment, or agency may be
authorized to have constructed, including the preparation of plans,
drawings, designs, specifications, and estimates, the acquisition of
land necessary for sites, the execution of contracts, and supervision
of construction: Provided, That funds appropriated to, other execu-
tive departments, independent establishments, or other Federal agen-
cies for the foregoing purposes shall be available for transfer to and
expenditure by the Procurement Division, Treasury Depar talent,'
in whole or in part, either in reimbursement of the proper appropria-
tions of the Procurement Division,' for the cost of such work, or as
advances to special accounts for the purpose of providing for the
prosecution of said work.]
Section 3734 of the Revised Statutes of the United States, as Amended
(36 Stat. 699; 40 U.S.C. 267)
[SEc. 3734. And hereafter no money shall be paid nor contracts
made for payment for any site for a public building in excess of the
amount specifically appropriated therefor; and no money shall be
expended upon any public building until after sketch plans showing
the tentative design and arrangement of such building, together with
outline description and detailed estimates of the cost thereof shall
have been made by the Supervising Architect of the Treasury Depart-
ment 1 (except when otherwise authorized by law) and said sketch
plans and estimates shall have been approved by the Secretary of the
Treasury' and the head of each executive department who will have
officials located in such building; but such approval shall not prevent
subsequent changes in the design, arrangement, materials, or meth-
ods of construction or cost which may be found necessary or advan-
tageous: Provided, That no such changes shall be made involving an
expense in excess of the limit of cost fixed or extended by Congress,
and all appropriations made for the construction of such building
shall be expended within the limit of cost so fixed or extended.]
Last paragraph under the subheading "PUBLIC BUILDINGS" under
the heading "UNDER THE TREASURY DEPARTMENT" in
the Act approved March 2, 1895 (28 Stat. 914; 40 U.S.C. 274)
[The Secretary of the Treasury is hereby directed, if in his judg-
ment such work should be performed, to pay for the wiring for electric
lighting of all buildings in process of erection or hereafter to be erected
under the control of the Treasury Department' from the construction
funds of such buildings.]
I Functions transferred to the Administrator of General Services. See Note supra, and Appendix.
2 Functions of Procurement Division, Treasury Department, ultimately vested in Administrator of
General Services. See Note supra.
8 Should read "General Services Administration".
EL Rept. 557, 86-1---3
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PI7BLIC?8UILDLNGS ACT OF ,1959
Paragraph with side heading "Furniture and repairs of furniture"
, under the subheading "PUBLIC BUILDINGS, OPERATING EX-
PENSES", under the heading "TREASURY DEPARTMENT" in
the Act approved July 1, 1916 (39 Stat. 273; 40 U.S.C. 275, 282)
Furniture and repairs of furniture: For furniture, carpets, and
repairs of same, for completed and occupied public buildings under
the control of the Treasury Department, exclusive of marine hospi-
tals, quarantine stations, mints, branch mints, and assay offices, and
for gas and electric lighting fixtures for completed and occupied public
buildings under the control of the Treasury Department,' including
marine hospitals and quarantine stations, but exclusive of mints,
branch Taints, and assay offices, and for furniture and carpets for
public buildings and extensions of public buildings in course of con-
struction which arc to remain under the custody and control of the
Treasury Department,' exclusive of marine hospitals, quarantine sta-
tions, mints, branch mints, and assay offices, and buildings constructed
for other executive departments or establishments of the Govern-
ment, $775,000: Provided, That the foregoing appropriations shall
not be used for personal services except for work dont, under contract,
or for temporary job labor under exigency, and not exceeding at one
time the sum of $100 nt any OM' building [: And procided .further,
That hereafter gas and electric lighting fixtures for the equipment of
public buildings and extensions in course of construction under the
control of the Treasury Department,' except such gas and electric
lighting fixtures as are under contract or may be otherwise provided
for by law, shall be paid for from the respective appropriations pro-
vided for the construction of such public buildings or extensions]:
And provided further, That all furniture now owned by the United
States in other public buildings or in buildings rented by the United
States shall be used, so far as practicable, whether it corresponds with
the present regulation plan for furniture or not E: And provided fur-
ther, That hereafter the annual appropriations for the care, mainte-
nance, and repair of Federal buildings and their mechanical and vault
and safe equipments, shall be available in the same manner and to the
same extent for ossay offices assigned quartets in Federal buildings
under the authority contained in chapter five hundred and forty-six
of the Act approved Jule first, eighteen hundred and ninety-eight
(Thirtieth Statutes, page six hundred and fourteen), as such appro-
priations are available for other branches of the Government service
quartered in such buildings].
1?111?111?????=11,
Fourth from the last paragraph under the subheading "PUBLIC
BUILDINGS" under the heading "UNDER THE TREASURY
DEPARTMENT" in the Act approved June 6, 1900 (31 Stat.
591; 40 U.S.C. 276)
[Hereafter, the Secretary of the Treasury 'is authorized, whenever
in his judgment such work should be performed, to pay for the instal-
lation of engineering and electric-light plants in all buildings in process
of erection, or hereafter to be erected, under the control of the Treasury
Department from the construction funds of such buildings.]
'Functions transferred to the Administrator of General Services. See Note supra, and Appendix.
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pri3Lic ,BUILDINGS ACT OF 195a 119
Last paragraph under the subheading "PUBLIC BUILDINGS" under
,the heading "UNDER THE TREASURY DEPARTMENT" in
the Act approved August 5, 1892 (27 Stat. 351; 40 U.S.C. 277)
For repairs and preservation of public buildings: Repairs and pres-
ervation of custom-houses, Court-houses, post-offices, tharine7hospitals,
quarantine stations and other public buildings under control of
Treasury Department,' two hundred and forty thousand dollars' of
which amount the sum of thirty thousand dollars to be used for the
marine hospitals and quarantine stations: Provided, That of the sum
hereby appropriated, not exceeding ten thousand dollars may be used
in the discretion of the Secretary of the Treasury in the employment
of superintendents and others at a rate of compensation not exceeding,
for any one person, six dollars per 44: nor shall there hereafter be
paid more than six dollars per day to any person employed outside Of
the District of Columbia, in any capacity whatever, whose compensa-
tion is paid from appropriations for public buildings in course of
construction, but the Secretary of the Treasury may, in his discretion,
authorize payment in cities of eighty thousand or more inhabitants
of a sum not exceeding eight dollars per day for such purposes].
Eighth from the last paragraph under the subheading "PUBLIC
BUILDINGS" under the heading "UNDER THE -TREASURY
DEPARTMENT" in the Act approved March 3, 1887 (24 Stat. 512;-
40 U.S.C. 278)
That the Secretary of the Treasury 1 shall for the fiscal year eighteen
hundred and eighty-seven; and for each fiscal year thereafter in the
annual. estimates, report to Congress the number of persons employed
outside of the District of Columbia, as superintendents, clerks, watch-
men and otherwise, and paid from appropriations for the construction
of public buildings showing where said persons are employed, in what
capacity, the length of time and at What rate of compensation(, and
hereafter where public buildings shall be completed with the exception
of heating apparatus and approaches but one person shall be employed
by the Government for the supervision and care of such building]. .
Titles I and HI, and sections 401 and 406 of the Public Buildings Act
of 1949 (63 Stat. 176; 40 U.S.C. 352, 353, 354, 297, 297a, 298, and
298c)
AN ACT To provide for comprehensive planning, for site acquisition in and
outside of the District of Columbia, and for the design of Federal building
projects outside of the District of Columbia; to authorize the transfer of juris-
diction over certain lands between certain departirients and agencies of the
United States; and to provide certain additional authority needed in connec-
tion with the construction, management, and operation of Federal public
buildings; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited
as the "Public Buildings Act of 1949".
L Functions transferred to the Administrator of General Services. See Note-supra, and Appendix,
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20 PUBLIC BUILDINGS ACT OF 1959
(TITLE 1---CONIPREHENSIVE PLANNING OF FEDERAL
PUBLIC BUILDINGS OUTSIDE OF THE DISTRICT OF
COLUMBIA
ESEc. 101. The Federal l'Corks Administrator ' is authorized to
acquire, by purchase, condemnation, donation, exchange, or other-
wise, lands or interests in lands as sites or additions to sites for Fed-
eral public building projects previously authorized and for such new
projects as may. be selected in the manner designated in this section,
to make investigations and studies and to prepare plans, sketches,
working drawings, and specifications for such projects. Whenever
the Federal Works Administrator ' shall determine such action to be
necessary, such investigations, studies, preparation of plans, sketches,
working drawings, and specifications, may be undertaken prior to the
approval of title to the sites by the Attorney General. When build-
ings to be used in whole or in part for post-office purposes are involved,
the Federal Works Administrator ' shall act jointly with the Post-
master General in the selection of towns or cities in which buildings
arc. to be constructed, and in the choice of sites therein for such
projects. The Federal Works Administrator ' and the Postmaster
General shall submit to the Congress a comprehensive report of all
eligible projects and their limits of cost when in excess of $200,000,
without regard to the time in which they may be undertaken, which
report shall be printed as a public document. When the estimated
cost of a project does not exceed $200,000 the limit of cost shall be
determined by the Conunis.sioner of Public Buildings.' Selection of
projects for the purposes of this title shall be made by the Federal
Works Administrator ' and the Postmaster General from such report
and they may also select such other projects not included in such
report which in their judgment are economically sound and advanta-
geous to the public service: Provided, That in making such selections
they shall distribute (he selected projects equitably throughout the
country with due regard to the comparative urgency of projects in
various sections of the country.
(SEc. 102. It is the intent, of the Congress that the equitable distri-
bution of selected projects required by section 101 of this title shall
provide for the participation by each congressional district in the
benefits that will accrue from the future construction of one or more
of such selected projects. It. is the further intent of the Congress that
those congressional districts in which are located projects previously
authorized and selected for construction (including those for which
sites have been acquired), but which have been deferred, shall be
entitled to such project or projects, or the equivalent thereof, in addi-
tion to the projects authorized and selected under this title.
th
ESEc. 103. For carrying out e purposes of this title, i
. ncluding
administrative, supervisory, traveling, and other expenses in connec-
tion therewith, there is hereby authorized to be appropriated the stun
of $40,000,000 to remain available until expended.]
Functions transferred to the Administrator of amend Services, Soo Note supra, and Appendix.
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TITLE II?ACQUISITION OF SITES AND TRANSFER OF
JURISDICTION OVER SITES BY VARIOUS AGENCIES
AND DEPARTMENTS OF THE GOVERNMENT
[TITLE III?IMPROVEMENT OF EXISTING BUILDINGS
[SEC. 301. The Commissioner of Public Buildings is authorized to
formulate, undertake and prosecute a program for the renovation and
improvement of federally owned buildings outside the District of
Columbia for which funds are not otherwise available, including
appurtenances and approaches thereto, that are under the control of
the Public Buildings Administration 1 for repair and preservation:
Provided, That where necessary or desirable in carrying out the pro-
gram herein authorized, additional land may be acquired to accommo-
date equipment or special appliances and devices proposed to be
?installed or to provide working areas to accomplish the objectives
sought in this title: Provided further, That no project, the estimated
cost of which is less than $25,000, shall be deemed to be eligible for the
program authorized by this title.
[SEC. 302. For carrying out the purposes of this title, including ad-
ministrative, supervisory, traveling, and other expenses in connection
therewith, there is hereby authorized to be appropriated the sum of
$30,000,000 to remain available until expended.]
TITLE IV?MISCELLANEOUS AND GENERAL PROVISIONS
[SEC. 401. (a) In addition to the authority conferred upon him by
any other law the Commissioner of Public Buildings,' whenever he
deems it desirable or advantageous, is authorized to employ, by con-
tract or otherwise and without regard to the Classification Act of 1949,
as amended, or to the civil-service laws, rules, and regulations or to
section 3709 of the Revised Statutes, the services of established archi-
tectural or other professional or technical corporations, firms, or
individuals; to such extent as he may require for any public building
project which the Public Buildings Administration is authorized by
Congress to construct, or for any such project, funds for which are
transferred by another agency to the Public Buildings Administration'
for construction of the project, regardless of specific legislation gov-
erning such other agency: Provided, That this authorization shall not
apply to the employment of such corporations, firms, or individuals
on a permanent basis, but their services shall be limited to the individ-
ual project for which employed: Provided further, That nothing con-
tained in this section shall relieve the Commissioner of Public Build-
r gs 'or any other duly authorized contracting officer of the Public
Buildings Administration' who shall execute a construction contract
from the responsibility of interpreting such contract, of passing on
the acceptability of materials and workmanship supplied pursuant to
I Functions transferred to the Administrator of General Services. See Note supra, and Appendix.
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such contract, of approving changes in such contract during the con-
struction .period, of certifying vouchers for payments becoming due
the contractor, or of effecting thin] settlement of the contract.
[(b) The Commissioner of Public Buildings is hereby authorized,
whenever he deems it to be in the public interest, to hold a competition
for the design of any project, to stipulate the terms, scope, and the
conditions of each such competition and to make awards in pursuance
thereof.]
ESEc. 406. The Commissioner of Public Buildings ' is authorized to
contract for seeding, planting, or landscaping the ',rounds of any
public building constructed or acquired by the Public Buildings
Administration ' in an amount not exceeding $1,800, without reference
to section 3709 of the Revised Statutes.]
Act approved May 25, 1926, as amended (44 Stat. 630; 40 U.S.C.
341 and the following)
AN ACT To provide for the construction of certain public buildings, and for
other purposes.
Be it enacted by .the Senate and House GI Representatives of the United
States of America in Congress assembled, That, to enable the Secretary
of the Treasury to provide suitable accommodations in the District
of Columbia for the executive departments, and independent estab-
lishments of the Government not under any executive department,
and for courthouses, post offices, immigration stations, customhouses,
marine hospitals, quarantine stations, and other public buildings of
the classes under the control of the Treasury Department in the
States, Territories, and possessions of the United States, he is hereby
authorized and directed to acquire, by purchase, condemnation, or
otherwise, such sites and additions to sites as he may deem necessary,
and to cause to be constructed thereon, and upon lands belonging to
the Government conveniently located and available for the purpose
(but exclusive of military or naval reservations), adequate and suitable
buildings for any of the foregoing purposes, giving preference, where
he considers conditions justify such action, to cases where sites for
public buildings have heretofore been acquired or authorized to be
acquired, and to enlarge, remodel, and extend existing public buildings
under the control of Treasury Department,' and to purchase
buildings, if found to be adequate, adaptable' and suitable for the
purposes of this Act, together with the sites thereof, and to remodel,
enlarge, or extend such buildings and provide proper approaches and
other necessary improvements to the sites thereof. When a building
is about to be constructed on a site heretofore acquired and such site
is found by the Secretary of the Treasury to be unsuitable for its
intended purpose, he is hereby further authorized and empowered to
acquire a new site in lieu thereof by purchase, condemnation, exchange,
or otherwise, and except in case of exchange to dispose of the present
site by public sale and to execute the necessary quitclaim deed of
conveyance: Provided, however, That the Secretary of the Treasury'
is also authorized to acquire a site for a building for the Supreme
'Functions transferred to the Administrator of General Services. See Note supra, and Appendix.
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? Court of the United States: Provided further, That aside from land
that may be acquired for a site for a building for the Supreme Court
of the United States, and for enlarging the site of the Government
Printing Office, or erecting a storage warehouse or warehouses, the
sum of $50,000,000, hereinafter authorized for projects in the District
of Columbia, shall be used exclusively for the purpose of acquiring by
purchase, condemnation, or otherwise, south of Pennsylvania Avenue
and west of Maryland Avenue, projected in a straight line to Twining
Lake, such sites or additions to sites as the Secretary of the Treasury 1
may deem necessary to provide such suitable office accommodations
in the District of Columbia as are hereinbefore mentioned, of con-
structing adequate and suitable buildings for the furnishing of such
office accommodations on said sites or additions to sites, or on sites
already? owned by the Government south of Pennsylvania Avenue
and west of Maryland Avenue, as above mentioned, and of providing
? suitable approaches to said buildings, and beautifying and embellishing
their surroundings as nearly in harmony with the plan of Peter Charles
l'Enfant as may be practicable. Said buildings shall be so con-
? structed as to combine high standards of architectural beauty and
practical utility: Provided, That in carrying into effect the provisions
of this Act, in so far as relates to buildings to be used in whole or in
? part for post-office purposes, the Secretary of the Treasury,' under
regulations to be prescribed by him, shall act jointly with the Post-
? master General in the selection of towns or cities in which buildings
are to be constructed and the selection of sites therein: Provided
further, That all sketches, plans, and estimates for buildings shall be
approved by the Secretary of the Treasury 1 and the heads of the
executive departments which are to be located in such building.
[The Secretary of the Treasury 1 is authorized to carry on the
construction work herein authorized by contract, or otherwise, as he
deems most advantageous to the United States.
[In all cases where the construction of buildings in the District of
Columbia, under the provisions of this Act, requires the utilization,
in the opinion of the Secretary of the Treasury,' of contiguous squares
as sites thereof, authority is hereby given for closing and vacating such
portions of streets as lie between such squares and such alleys as
intersect such squares, and the portions of such streets and alleys so
closed and vacated shall thereupon become parts of such sites.
[SEC. 2. (a) The work of preparing designs and other drawings,
estimates, specifications, and awarding of contracts, as well as the
supervision of the work authorized under the provisions of this Act,
shall be performed by the Office of the Supervising Architect, Treasury
Department,' under the direction of the Secretary of the Treasury,'
except as otherwise provided in this Act.
[(b) When deemed by him advantageous the Secretary of the
Treasury 1 is authorized, in special cases, (1) to procure by contract
the floor plans and designs of buildings developed sufficiently to
serve as guides for the preparation of working drawings and specifica-
tions, or to employ advisory assistance involving design or engineering
features, and (2) to employ, to the extent deemed necessary by him
in connection with the construction of buildings for the Departments
of Commerce and Labor, the architects who were successful in compe-
tition heretofore held for a building for the then Department of Com-
Functions transferred to the Administrator of General Services. See Note supra, and Appendix.
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merce and Labor, and to pay reasonable compensation for such
services.
[(c) The Secretary of the Treasury ' is authorized to employ such
additional technical, scientific, and clerical assistance in or under the
Office of the Supervising Architect,' both in the District of Columbia
and in the field, as he deems necessary, and to fix such rates of com-
pensation therefor as he deems proper, not, however, in excess of the
maximum rates paid for the same or similar service in other depart-
ments, such employment to be made in accordanc,e with the civil
service laws, rules and regulations, and to submit to Congress through
customary channels, estimates for appropriations for compensation
for such personal services, and for travel, subsistence, and other exPensesinvolved in making any investigation or survey of building
conditions or in the examination of sites which he may find to be
necessary.]
SEC. 3. The Secretary of the Treasury. is hereby authorized to
carry into effect the provisions of existing law authorizing the acqui-
sition of land for sites or enlargements thereof, and the erection,
enlargement, extension, and remodeling of public buildings thereon
in the following cities: Juneau Alaska; Globe, Arizona; Prescott,
Arkansas; Red Bluff and San Pedro, California; Durango Colorado;
Branford and Putnam, Connecticut; Marianna, Florida; West Point,
Georgia; Coeur d'Alene and Sandpoint, Idaho; Batavia, Metropolis,
Mount Carmel, and Paxton, Illinois; Des Moines, Iowa; Shelbyville,
Kentucky; Caribou and Fort Fairfield, Maine; Leominster, Malden,
Newburyport, Southbridge_, Waltham, and Winchester, Massa-
chusetts; Wyandotte, Michigan; Montevideo, Minnesota; Central
City, Nebraska; Fallon and Goldfield, Nevada; Bayonne, East Orange,
Millviile, and Montclair, New Jersey; East Las Vegas, New Mexico;
Fort Plain, Long Island City, Syracuse, and Yonkers, New York;
Wilson, North Carolina; Jamestown, North Dakota; Akron, Fremont,
and Wilmington, Ohio; Donora, Lewistown, McKees Rocks, Olyphant,
Sayre, Tamaqua, Tarentum, and Waynesburg, Pennsylvania; Lan-
caster, South Carolina; Chamberlain, South Dakota; Athens, Ten-
nessee; Seattle, Washington; Williamson, West Virginia; Madison
and Tomah, Wisconsin; Buffalo and Cody, Wyoming,. Saint Louis,
Missouri; Newark, New Jersey; Utica, New I ork; Missoula, Mon-
tana; additional buildings for the marine hospital at Chicago, Illinois;
medical officers' quarters at the marine hospital at Savannah, Georgia;
construction of marine hospital facilities at Detroit, Michigan. The
Secretary of the Treasury is hereby authorized to disregard the limit
of cost fixed by Congress for each of said projects, to purchase addi-
tional land for enlargement of sites, and for such purposes to expend
in addition to the amounts heretofore appropriated such additional
sums of money for each of said projects as he shall deem advisable,
not exceeding in the aggregate $15,000,000: Prorided, That in con-
structingtbe buildings embraced herein the Secretary of the Treasury
is authorized, in his discretion, to provide space in such buildings tor
other activities or branches of the public service not specifically
enumerated in the Act or Acts authorizing the acq.uisition of the sites,
or the construction of the buildings, or both: Pronded further, That in
carrying into effect the provisions of this section, the Secretary of the
Functions transferred to the Administrator ot ()moral Services. Bee Note supra, and Appendix.
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Treasury is authorized and empowered to enter into contracts for
all or so many of said buildings as may be possible within the total
additional limit of $15,000,000 hereinbefore authorized.
[SEC. 4. The Secretary of the Treasury shall submit annually and
from time to time as may be required estimates to the Bureau of the
Budget, in accordance with the provisions of the Budget and Account-
ing Act, 1921, showing in complete detail the various amounts it is
proposed to expend under the authority of this Act during the fiscal
year for which said estimates are submitted, which shall include a
statement of the location of the buildings proposed to be erected,
together with a limit of cost for the same: Provided, That in sub-
mitting such estimates the Secretary of the Treasury 1 shall allocate
the amounts proposed to be expended to the different States where
buildings are found by him to be necessary, in such a manner as to
distribute the same fairly on the basis of area, population, and postal
receipts: Provided further, That unless specifically provided for in
the Act making appropriations for public buildings, which provision
is hereby authorized, no contract for the construction, enlarging, re-
modeling, or extension of any building or for the purchase of land
authorized by this Act shall be entered into until monies in the Treas-
ury shall be made available for the payment of all obligations arising
out of such contract, and unless the said Act making appropriations
for public buildings shall otherwise specifically provide, as hereinafter
authorized, appropriations shall be made, and expended by the Secre-
tary of the Treasury,' in accordance with the estimates submitted by
the Bureau of the Budget: Provided further, That the Act making said
appropriations may provide for any other buildings contained in the
annual report of the Secretary of the Treasury 1 hereinafter provided
for: Provided further, That the Secretary of the Treasury 1 shall also,
in addition to submitting estimates to the Bureau of the Budget as
herein provided, make an annual report to Congress containing a
statement of the location of all public buildings which he and the
Postmaster General (where his department is involved) deem neces-
sary to be constructed under the provisions of this Act together with
a limit of cost for the same; Provided further, That the foregoing pro-
visos shall not apply to buildings or their modification heretofore
provided for by Act of Congress: Provided further, That at least two
buildings shall be estimated for during the period covered by this Act
in each State for post offices with receipts of more than $10,000 during
the last preceding year, for which post offices no public buildings have
been provided.
[SEC. 5. For the purpose of carrying out the provisions of this Act
the sum of $150,000,000, in addition to the amount authorized in
section 3 hereof, is hereby authorized to be appropriated, but under
this authorization, and from appropriations (exclusive of appro-
priations made for "remodeling and enlarging public buildings"),
heretofore made for the acquisition of sites for, or the construction,
enlarging, remodeling, or extension of, public buildings under the
control of the Treasury Department 1, not more than $25,000,000,
in the aggregate shall be expended annually: Provided, That such
amount as is necessary, not to exceed $50,000,000 of the total amount
authorized to be expended under the provisions of this Act shall
be available for projects in the District of Columbia, and not more
1 Functions transferred to the Administrator of General Services, See Note supra, and Appendix.
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than $10,000,000 thereof shall be expended annually: Prorided,
That at least one-third of the expenditures outside of the District
of Columbia during the fiscal year 1927 shall be for the buildings
heretofore authorized and at least one-third of the expenditures for
the fiscal year 1928, and at least one-third of the expenditures for
the fiscal year 1929, shall be for a like purpose unless a less amount
shall be necessary to complete all of such buildings: Prorided further,
That expenditures outside the District of Columbia under the pro-
visions of this section shall not exceed the sum of $5,000,000 annually
in any one of the States, Territories, or possessions of the United
States.
[In each of the cities in which a site is to be acquired under the
provisions of this Act, the Secretary of the Treasury 1 shall solicit
proposals by public advertisement. Such advertisement shall be
published for a period of twenty days in one of the newspapers in
said city having the largest circulation, for the sale of lands suitable
for the purpose. The Secretary of the Treasury 'shall cause the sites
offered, and such others as may be found to be suitable or desirable
for the purpose, to be examined in person by an agent employed or
detailed for the purpose, who shall make written report to said
Secretary of the results of said examination and of his recommenda-
tion thereon and the reasons therefor, which shall be accompanied
by the original proposals and all maps, plats, and statements which
shall have come into his possession relating to the said proposed sites.
(That, so far as practicable, all buildings constructed, enlarged,
or extended under the provisions of this Act shall be unexposed to
danger of fire from adjacent buildings by an open space of at least
forty feet on each side, including streets and alleys: Provided, That
the Secretary of the Treasury ' may, in his discretion, acquire sites
on which an open space of the extent hereinbefore specified can not
be reserved, and he is likewise authorized, whenever in his judgment
such action is necessary and warranted, to reduce the open space
about any Federal building heretofore constructed and under the
custody and control of said department.
EIn carrying into effect the provisions of this Act, if the Secretary
of the Treasury ' deems it to be to the best interests of the Government
to construct Federal buildings to take the place of existing Federal
buildings, he is hereby authorized to cause the present buildings
to be demolished, in order that the sites may be utilized in whole
or in part for such buildings, or where in his judgment it is more
advantageous to construct a Federal building on a different site in
the same city, to sell any such building or buildings and the site
or sites thereof, at such time and on such terms as he deems proper,
and to convey the same to the respective purchasers thereof by the
usual quitclaim deed, and to deposit the proceeds of the sales thereof
in the Treasury as miscellaneous receipts.
(SEC. 6.. The provisions of section 10 of the Legislative, Executive,
and Judicial Appropriation Act for the fiscal year ended June 30,
1920, approved March 1, 1919, relating to the assignment of space
in public bui.dings in the District of Columbia, shall apply to all
buildings constructed, extended, or enlarged under the provisions of
this Act in the District or Columbia, and no land for sites or enlarge-
ment of sites therefor shall be acquired or land belonging to the
Functions transferred to the Administrator of General Bemires. See Note supra, and Appendix.
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United States be taken for sites or enlargement of sites therefor,
without prior approval of the commission created by said Act of
March 1, 1919; no contract shall be let for any building or the enlarge-
ment or extension of any building in the District of Columbia, under
the provisions of this Act without the approval of said commission as
to the assignment and general arrangement of space therein; and
said commission shall determine the order in which buildings or
enlargement of buildings in the District of Columbia, under the pro-
visions of this Act shall be constructed.
[SEC. 7. That the Secretary of the Treasury1 is hereby further
authorized and empowered to cause such survey and investigations
of public building conditions to be made, and such data obtained
as he deems necessary properly to carry into effect the provisions
of this Act.]
SEC. 8. That in the event local interests in the city of New
Orleans, Louisiana, shall offer to advance funds for the acquisition
of a site for a quarantine station in or near said city, the Secretary
of the Treasury may, in his discretion, receive such funds and
expend the same in the immediate acquisition of such site, and the
Secretary of the Treasury is hereby authorized and directed to
repay without interest, from appropriations available for the acquisi-
tion of such site, the amounts so advanced or expended.
Next to last paragraph under the subheading "MISCELLANEOUS
PUBLIC BUILDING PROJECTS" under the heading "TREASURY
, DEPARTMENT" in the Act approved December 22, 1927 (45
Stat. 32; 40 U.S.C. 342a)
Outside professional services: For an additional amount required
for outside professional services, including the same objects of expend-
iture specified under this head in the Act making appropriations for the
Treasury Department 1 for the fiscal year 1928, $350,000E: Provided,
That in all cases where contracts have heretofore been entered into
or may hereafter be entered into under the provisions of section 2 of
the Public Buildings Act approved May 25, 1926, for outside profes-
sional services, wherein the period of performance extends beyond the
fiscal year in which such contract or contracts were entered into, pay-
ments thereunder shall be made from the appropiration "Outside
professional services, public buildings," available at the time payment
is due for the particular services rendered].
Section 3 of the Act approved January 13, 1928
(45 Stat. 52; 40 U.S.C. 348)
[SEC. 3. The buildings constructed under said Act approved May
25, 1926, when completed and ready for occupancy shall be turned
over to the Office of Public Buildings and Public Parks for care,
maintenance, and protection, including the furnishing of heat, gas,
and electricity therein, together with all machinery, tools, equipments,
and supplies to be used in connection therewith.]
I Functions transferred to the Administrator of General Services. See Note supra, and Appendix.
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Subsections (c) and (e) of the Act approved March 31, 1930, as
amended (46 Stat. 137; 63 Stat. 972; 40 U.S.C. 349, 350a)
E(c) When deemed by him desirable or advantageous, the Secretary
of the Treasury' is authorized to employ, by contract or otherwise,
outside professional or technical services of persons, firms, or cor-
porations to such extent as he may require, without reference to
the Classification Act of 1949 as amended, or to section 3709 of the
Revised Statutes of the United States.
[(e) That the provisions of the Act of May 25, 1926 (Forty-fourth
Statutes, page 630), and all amendments thereto, shall apply to the
Territories in the same manner and to the same extent that they
apply to the several States.]
Act approved June 27, 1930 (46 Stat. 823; 40 U.S.C. 350)
[AN ACT To authorize the Secretary of the Treasury' to accept donations of
sites for public buildings.
(Be it enacted by the Senate and House of Representatives of the
United States of America in congress assembled, That the Secretary of
the Treasury may, in his discretion, accept on behalf of the United
States the donation of sites for public buildings, in cases when alloca-
tion of funds have been or may hereafter be reported to Congress
under the provisions of the Public Buildings Act, approved May 25,
1926, and Acts amendatory thereof, notwithstanding that specific au-
thorization for the acquisition of sites in such cases may not yet have
been made by Congress.]
ruaetjap transferral to the Admiulstrator of General Services. See Note supra, and Appendix.
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APPENDIX
Part 3 of 1939 Reorganization Plan No. I (effective July 1, 1939)
PART 3.?FEDERAL WORKS AGENCY
SECTION 301. Federal Works Agency.?(a) Tho Bureau of Public
Roads in the Department of Agriculture and its functions and person-
nel (including the Chief thereof) are transferred from the Department
of Agriculture; the Public Buildings Branch of the Procurement Divi-
sion in the Treasury Department and its functions and personnel are
transferred from the Treasury Department the Branch of Buildings
Management of the National Park Service in the Department of the
Interior and its functions and personnel (except those relating to
monuments and memorials), and the functions of the National Park
Service in the District of Columbia in connection with the general
assignment of space, the selection of sites for public buildings, and the
determination of the priority in which the construction or enlargement
of public buildings shall be undertaken, and the personnel engaged
exclusively in the administration of such functions, and the United
States Housing Authority in the Department of the Interior and its
functions and personnel (including the Administrator) are transferred
om the Department of the Interior; and all of these agencies and
functions, together with the Federal Emergency Administration of
Public Works and its functions, and all of the Works Progress Adminis-
tration and its functions (except the National Youth Administration
and its functions) are hereby consolidated into one agency to be known
as the Federal Works Agency, with a Federal Works Administrator
at the head thereof. The Federal Works Administrator shall be
appointed by the President, by and with the advice and consent of
the Senate, and shall receive a salary at the rate of $12,000 per annum.
He shall have general direction and supervision over the administra-
tion of the several agencies consolidated into the Federal Works
Agency by this section and shall be responsible for the coordination of
their functions.
(b) The Federal Works Administrator shall appoint an Assistant
Federal Works Administrator, who shall receive a salary at the rate of
$9,000 per annum, and he may also appoint such other personnel and
make such expenditures as may be necessary.
(c) The Assistant Administrator shall act as Administrator during
the absence or disability of the Administrator, or in the event of a
vacancy in that office, and shall perform such other duties as the
Administrator shall direct.
(d) The several agencies and functions consolidated by this section
in the Federal Works Agency shall carry with them their personnel.
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SECTION 302. Public Roads ..4dmini8tration.?(a) The Bureau of
Public Roads and its functions shall be administered as the Public
Roads Administration at the head of which shall be the Chief of the
Bureau of Public Roads whose title shall be changed to Commissioner
of Public Roads. Hereafter the Commissioner of Public Roads shall
be appointed by the Federal Works Administrator.
(b) All functions of the Secretary of Agriculture relating to the
admuustration of the Bureau of Public Roads are hereby transferred
to, and shall be exercised by, the Federal Works Administrator.
SECTION 303. Public Buildings Administration.?(a) The Public
Buildings Branch of the Procurement Division and its functions, the
Branch of Buildings Management of the National Park Service and its
functions (except those relating to monuments and memorials) and the
functions of the National Park Service in the District of Columbia in
connection with the general assignment of space, the selection of sites
for public buildings, and the determination of the priority in which
the construction or enlargement of public buildings shall be under-
taken, are hereby consolidated and shall be administered as the
Public Buildings Administration, with a Commissioner of Public
Buildings at the head thereof. The Commissioner of Public Buildings
shall be appointed by the Federal Works Administrator and shall
receive a salary at the rate of $9,000 per annum. The Commissioner
of Public Buildings shall act under the direction and supervision of
the Federal Works Administrator.
(b) All functions of the Secretary of the Treasury and the Director
of Procurement relating to the administration of the Public Buildings
Branch of the Procurement Division and to the selection of location
and sites for public buildings, and all functions of the Secretary of the
Interior and the Director of the National Park Service relating to the
administration of the functions of the Branch of Buildings Manage-
ment and the functions of the National Park Service in the District of
Columbia in connection with the general assignment of space, the
selection of sites for public buildings, and the determination of the
priority in which the construction or enlargement of public buildings
shall be undertaken, are hereby transferred to, and shall be exercised
by.z. the Federal Works Administrator.
bECTION 304. United States Housing Authority.?(a) The United
States Housing Authority and its functions shall be administered by
the United States Housing Administrator under the direction and
supervision of the Federal 'Works Administrator.
(b) All functions of the Secretary of the Interior relating to the
administration of the United States Housing Authority are hereby
transferred to, and shall be exercised by, the Federal Works Admin-
istrator.
SECTION 305. Public Works Administration.?The Federal Emer-
gency Administration of Public Works and its functions shall. be ad-
ministered as the Public Works Administration with a Commissioner
of Public Works at the head thereof. The Commissioner of Public
Works shall be appointed by the Federal Works Administrator and
shall receive a salary- at the rate of $10,000 per annum. The Com-
missioner of Public Works shall act under the direction and super-
vision of the Federal Works Administrator.
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SECTION 306. Work Projects Administration.?The Works Progress
Administration and its functions (except the National Youth Admin-
istration and its functions) shall be administered as the Work Projects
Administration, with a Commissioner of Work Projects at the head
thereof. The Commissioner shall be appointed by the Federal Works
Administrator and shall receive a salary at the rate of $10,000 per
annum. The Commissioner shall act under the direction and super-
vision of the Federal Works Administrator.
SECTION 307. Transfer of Records and Property.?All records and
property (including office equipment) of the several agencies which,
with their functions, are consolidated by section 301 into the Federal
Works Agency are hereby transferred to the jurisdiction and control
of the Federal Works Agency for use in the administration of the
agencies and functions consolidated by that section.
SECTION 308. Transfer of Funds.?(a) So much of the unexpended
balances of appropriations, allocations, or other funds available (in-
cluding those available for the fiscal year ending June 30, 1940) for
the use of any agency (except the United States Housing Authority)
in the exercise of any functions transferred by this Part, or for the use
of the head of any department or agency in the exercise of any func-
tions so transferred: and so much of such balances available to the
United States Housing Authority for administrative expenses, as the
Director of the Bureau of the Budget shall determine, shall be trans-
ferred for use in connection with the exercise of the functions trans-
ferred by this Part. In determining the amount to be transferred
the Director of the Bureau of the Budget may include an amount to
provide for the liquidation of obligations incurred against such appro-
priations, allocations, or other funds prior to the transfer: Provided,
That the use of the unexpended balances of appropriations, alloca-
tions, or other funds transferred by this section shall be subject to the
provisions of section 4(d) (3) and section 9 of the Reorganization Act
of 1939.
(b) All unexpended balances of appropriations, allocations, or
other funds available (including those available for the fiscal year
ending June 30, 1940) for the use of the United States Housing
Authority, other than those transferred by subsection (a) of this
section, are hereby transferred with the United States Housing
Authority and shall remain available to it for the exercise of its
functions.
SECTION 309. Administrative Funds.?The Director of the Bureau of
the Budget shall allocate to the Federal Works Agency, from appro-
priations, allocations, or other funds available (including those avail-
able for the fiscal year ending June 30, 1940) for the administrative
expenses of the agencies and functions consolidated by section 301,
such sums, and in such proportions, as he may find necessary for the
administrative expenses of the Federal Works Agency.
SECTION 310. Personnel.?Any of the personnel transferred by this
Part found to be in excess of the personnel necessary for the efficient
administration of the functions transferred by this Part shall be
re-transferred under existing law to other positions in the Govern-
ment service, or separated from the service subject to the provisions
of section 10(a) of the Reorganization Act of 1939.
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Section 103 of the Act of June 30, 1949
TRANSFER OF AFFAIRS OF THE FEDERAL WORKS AGENCY
SEC. 103. (a) All functions of the Federal Works Agency and of
all agencies thereof, together with all functions of the Federal Works
Administrator, of the Commissioner of Public Buildings, and of the
Commissioner of Public Roads, are hereby transferred to the Admin-
istrator of General Services. There are hereby transferred to the
General Services Administration the Public Roads Administration,
which shall hereafter be known as the Bureau of Public Roads, and
all records, property, personnel, obligations, and commitments of the
Federal Works Agency, including those of all agencies of the Federal
Works Agency.
) There are hereby abolished the Federal Works Agency, the
Public Buildings Administration, the office of Federal Works Admin-
istrator, the office of Commissioner of Public Buildings, and the office
of Assistant Federal Works Administrator.
1950 Reorganization Plan No. 18 (effective July 1, 1950)
Prepared by the President and transmitted to the Senate and the House of Rep-
resentatives in Congress assembled, March 13, 1950, pursuant to the provisions
?
of the Reorganization Act of 1949, approved Julie 20, 1949.
BUILDING AND SPACE MANAGEMENT FUNCTIONS
SECTION 1. Transfer of space assignment and leasing functions.?All
functions with respect to acquiring space in buildings by lease, and all
functions with respect to assigning and reassigning space in buildings
for use by agencies (including both space acquired by lease and space
in Government-owned buildings), are hereby transferred from the
respective agencies in which such functions are now vested to the
Administrator of General Services, exclusive, however, of all such
functions with respect to
(a) space in buildings located in any foreign country;
(b) space in buildings which are located on the grounds of any
fort, camp, post, arsenal, Navy yard, naval training station, air
field, proving ground, military supply depot, or school, or of any
similar facility, of the Department of Defense, unless and to
such extent as a permit for its use shall have been issued by
the Secretary of Defense or his duly authorized representative;
(c) space occupied by the Post Office Department in post office
buildings and space acquired by lease for post office purposes;
and
(d) space in other Government-owned buildings which the
Administrator of General Services finds are wholly or predomi-
nantly utili7ed for the special purposes of the agency having the
Custody thereof and are not generally suitable for the Use of
other agencies (including but not limited to hospitals, housing,
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laboratories, mints, manufacturing plants, and penal institu-
tions), and space acquired by lease for any such purpose:
Provided, That the space needs of the Post Office Department shall
be given primity in the assignment and reassignment of space in post
office, buildings.
SEC. 2. Transfer of office building management functions.?All
functions with respect to the operation, maintenance, and custody of
office buildings owned by the Government and of office buildings or
parts thereof acquired by lease including those post office buildings
which, as determined by the Director of the Bureau of the Budget,
are not used predominantly for post office purposes, are hereby trans-
ferred frona the respective agencies in which now vested to the Ad-
ministrator of General Services, exclusive, however, of all such func-
tions with respect to
(a) any building located in any foreign country;
(b) any building located on the grounds of any fort, camp, post,
arsenal, Navy yard, naval training station, air field proving
ground, military supply depot, or school, or of any similar fa-
cility, of the Department of Defense, unless and to such extent
as a permit for its use by another agency or agencies shall have
been issued by the Secretary of Defense or his duly authorized
representative;
(c) any building which the Administrator of General Services finds
to be a part of a group of buildings which are (1) located in the
same vicinity, (2) are utilized wholly or predominantly for the
special purposes of the agency having custody thereof, and (3)
are not generally suitable for the use of other agencies; and
(d) The Treasury Building, the Bureau of Engraving and Printing
Building, the buildings occupied by the National Bureau of
Standards, and the buildings under the jurisdiction of the
Regents of the Smithsonian Institution.
SEC. 3. Performance of transferred ,functions.?(a) The Adminis-
trator of General Services may from time to time make such provisions
as he shall deem appropriate authorizing the performance by any other
officer, or by any agency or employee, of the General Services Ad-
ministration of any function transferred to such Administrator by the
provisions of this reorganization plan.
(b) When authorized by the Administrator of General Services, any
function transferred to him by the provisions of this reorganization
plan may be performed by the head of any agency of the Executive
Branch of the Government or, subject to the direction and control of
any such agency head, by such officers, employees, and organizational
units under the jurisdiction of such agency head as such agency head
may designate: Provided, That functions with respect to post office
buildings shall not be delegated under the authority of this subsection
to the bead of any agency other than the Postmaster General.
(c) The Administrator of General Services shall prescribe such
regulations as he deems desirable for the economical and effective per-
formance of the functions transferred by the provisions of this re-
organization plan.
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SEC. 4. Transfer of personnel, property, records, and funds.?There
shall be transferred from time to time, between the agencies concerned
and for use in connection with the functions transferred by the pro-
visions of this reorganization plan, so much of the personnel, property,
records, and unexpended balances (available or to be made available)
of appropriations, allocations, and other funds, relating to such func-
tions, as may be necessary for the performance of said functions.
Such further measures and dispositions as the Director of the Bureau
of the Budget shall determine to be necessary in order to effectuate the
transfers provided for in this section shall be carried out in such manner
as the Director shall direct and by such agencies as he shall designate.
SEC. 5. Effective date.?The provisions of this reorganization plan
shall take effect on the first day of July, 1950.
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