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| **PUBLIC BUILDINGS ACT OF 1959, AS AMENDED**                          |
|                                                                       |
| The Public Buildings Act of 1959, as amended (Public Buildings Act)   |
| is codified in 40 USC 601-619, Chapter 12\--Construction, Alteration  |
| and Acquisition of Public Buildings. Since originally enacted in      |
| 1959, three statues have significantly amended the Public Buildings   |
| Act: Public Buildings Amendments of 1972 (P.L. 92-313; 86 Stat. 216), |
| Public Buildings Cooperative Use Act of 1976 (P.L. 94-541, 90 Stat    |
| 2505) and Public Buildings Amendments of 1988 (P.L.100-678, 102 Stat  |
| 4049).                                                                |
|                                                                       |
| **Section 601. Prohibition on construction of buildings except by     |
| Administrator of General Services.**                                  |
|                                                                       |
| Provides that the Administrator shall be the officer of the           |
| Government who shall construct public buildings, prohibits the        |
| construction of public buildings except by the Administrator, and     |
| directs that such buildings be constructed in accordance with Public  |
| Buildings Act.                                                        |
|                                                                       |
| **Section 601a. Duties of Administrator; Federal agency               |
| accommodations; historical and architectural preservation of public   |
| buildings; consultation with Governors, agencies and chief executive  |
| officers.**                                                           |
|                                                                       |
| Establishes policies for the Administrator in the acquisition and     |
| management of space: (1) where practical acquire and utilize          |
| buildings of historical, architectural or cultural significance (2)   |
| encourages multiple-use of buildings by leasing or otherwise making   |
| available space for commercial, cultural, education and recreational  |
| activities and (3) directs and emphasizes need to work with local     |
| officials and groups, as well as community leaders and the general    |
| public during the process.                                            |
|                                                                       |
| **Section 602. Acquisition of buildings and their sites.**            |
|                                                                       |
| Authorizes the Administrator to acquire by purchase, condemnation,    |
| donation, exchange, or otherwise, any building and its site which he  |
| determines to be necessary to carry out his duties under Public       |
| Buildings Act.                                                        |
|                                                                       |
| **Section 603. Alteration of buildings; acquisition of land;          |
| exemption from committee approval.**                                  |
|                                                                       |
| Authorizes the Administrator to alter any public building and to      |
| acquire in accordance with section 604 such land as may be necessary  |
| to carry out such alteration. Congressional approval (section 606)    |
| not required if alteration, including acquisition of land, does not   |
| exceed \$1,500,000.                                                   |
|                                                                       |
| **Section 604. Sites.**                                               |
|                                                                       |
| Authorizes the Administrator to acquire by purchase, condemnation,    |
| donation, exchange, or otherwise, necessary lands for use as sites or |
| addition to sites for public buildings authorized to be constructed   |
| or altered . Requires the Administrator and Postmaster General to     |
| jointly select the general location and specific site for public      |
| building to be used in whole or part for postal purposes. When        |
| acquiring a site, the Administrator may solicit by public             |
| advertisement.                                                        |
|                                                                       |
| **Section 605. Construction of new buildings.**                       |
|                                                                       |
| When constructing a new building to replace an existing one, the      |
| Administrator may demolish the existing building and use the same     |
| site or exchange the existing building and site, or just the site for |
| another site, or sell the existing building and site in accordance    |
| with the 49 Act. Permits the Administrator to exchange for another or |
| to sell in accordance with 49 Act any site acquired for construction  |
| of building but no longer suitable for purpose. Prohibits the use of  |
| a site unless Congress approves (section 606).                        |
|                                                                       |
| **Section 606. Approval of proposed projects by Congress.**           |
|                                                                       |
| Requires the submission and Committee approval of a prospectus for a  |
| proposed facility to be constructed, altered, purchased, acquired, or |
| for space to be leased if the total expenditure is in excess of \$1.5 |
| million prior to an appropriation being made for the project. Also    |
| requires submission and approval of a prospectus for any alteration   |
| of leased space which exceeds \$750,000. Contains criteria for        |
| prospectus submissions.                                               |
|                                                                       |
| Permits the Administrator to proceed with an approved project,        |
| without further committee approval, when the estimated maximum costs  |
| is increased by reason of increased construction costs but does not   |
| exceed 10%.                                                           |
|                                                                       |
| Any approved project for which an appropriation has not been made     |
| within one year after approval date may be rescinded by either        |
| Committee(House or Senate) at any time prior to an appropriation      |
| actually being made.                                                  |
|                                                                       |
| If declared necessary by President, permits Administrator the         |
| authority to enter into 180 day emergency leases without submitting   |
| prospectus.                                                           |
|                                                                       |
| Prohibits the leasing of space to accommodate major computer          |
| operations; secure or sensitive activities related to national        |
| defense or security; or a permanent courtroom, judicial chamber, or   |
| administrative office for any US court if the average cost exceeds    |
| \$1.5M, unless the Administrator determines space requirements cannot |
| be met in public buildings and submits reasons to Committees.         |
|                                                                       |
| Subject to notifying committees, the Administrator may adjust         |
| threshold dollar amounts referred to in sections 603 and 606 to       |
| reflect percentage increases or decreases in construction costs as    |
| determined by the composite index of construction costs prepared by   |
| the Department of Commerce.                                           |
|                                                                       |
| **Section 607. Buildings and sites within District of Columbia.**     |
|                                                                       |
| Requires that Public Buildings Act be carried out in harmony with     |
| Peter Charles L\'Enfant plan, permits closing of streets and alleys   |
| where necessary, sets out specific consultation requirements          |
| regarding acquisitions close to Capitol Hill.                         |
|                                                                       |
| **Section 608. Authorization for construction or alteration by        |
| contract.**                                                           |
|                                                                       |
| Authorizes construction or alteration of public buildings by contract |
| whenever Administrator deems most advantageous.                       |
|                                                                       |
| **Section 609. Architectural or engineering services.**               |
|                                                                       |
| Permits Administrator the authority to contract for architectural or  |
| engineering services for public buildings authorized to be            |
| constructed or altered. Directs the Administrator responsibility for  |
| construction, interpretation of contracts, settlement of contract,    |
| etc. (Intended to insure that the Administrator not be able to        |
| contract away any of his basic responsibility.)                       |
|                                                                       |
| **Section 610. Report to Congress; uncompleted projects; building     |
| project surveys.**                                                    |
|                                                                       |
| Upon request, requires Administrator (and USPS) to report to Congress |
| on status of uncompleted projects and to make building project        |
| surveys containing prospectus information.                            |
|                                                                       |
| **Section 611. Continuing investigation and survey of public          |
| buildings.**                                                          |
|                                                                       |
| Requires the Administrator to continually investigate and survey the  |
| public buildings needs and to identify existing buildings with        |
| historic, architectural or cultural significance that are suitable to |
| meet needs. Requires the Administrator and various Federal agencies   |
| cooperate with each other in carrying out purposes of Act.            |
|                                                                       |
| **Section 612. Definitions.**                                         |
|                                                                       |
| Defines seven terms which are used throughout Public Buildings Act.   |
| One of most important is that of \"public buildings\". Definition is  |
| explicit in stating those buildings which are included as well as     |
| those excluded.                                                       |
|                                                                       |
| **Section 612a. Additional definitions.**                             |
|                                                                       |
| Generally includes terms used in the Public Buildings Cooperative Use |
| Act of 1976 which amended the Public Buildings Act in order to        |
| preserve buildings of historical or architectural significance        |
| through their use for Federal public building purposes.               |
|                                                                       |
| **Section 613. Exemption of certain public buildings projects.**      |
|                                                                       |
| Advises that Chapter 12 does not apply to the construction of certain |
| small public buildings projects\--essentially those appropriated for  |
| in 1959 or lease-purchase project already under construction prior to |
| 1959.                                                                 |
|                                                                       |
| **Section 614. Delegation of Authority.**                             |
|                                                                       |
| Provides that the Administrator may delegate, upon request,           |
| authorities under Chapter 12, to the appropriate executive agency     |
| where the estimated cost of the project does not exceed \$100,000 and |
| such performance may be delegated to the appropriate agency where the |
| Administrator determines that it will promote efficiency and economy. |
|                                                                       |
| **Section 615. Leasing of buildings by and for General Services       |
| Administration, authority of Postal Service.**                        |
|                                                                       |
| Preserves the leasing authority of both GSA and USPS and the          |
| authority for improvement of public buildings through the postal      |
| modernization fund.                                                   |
|                                                                       |
| **Section 616. Dwight D. Eisenhower Memorial Bicentennial Civic       |
| Center.**                                                             |
|                                                                       |
| Provided for the development, construction, and maintenance of civic  |
| center.                                                               |
|                                                                       |
| **Section 617. State administration of criminal and health and safety |
| laws.**                                                               |
|                                                                       |
| Allows the Administrator to relinquish to a State, or to a            |
| commonwealth, territory or possession of the US all or part of the    |
| authority of the United States to administer criminal and health and  |
| safety laws.                                                          |
|                                                                       |
| **Section 618. Special rules for leased buildings.**                  |
|                                                                       |
| Prohibits the Administrator making any agreement which will result in |
| the construction of any building which is to be constructed for lease |
| to, and for predominant use by, the US until the Administrator has    |
| established detailed specification requirements for such building.    |
| May procure the construction of any such building only by publicly    |
| soliciting competitive bids. Each building shall be inspected in      |
| order to determine compliance with specifications. Upon completion,   |
| the Administration shall determine the extent, if any, of failure to  |
| comply. Any contract entered into shall contain provision permitting  |
| the reduction of rent during any period when the building is not in   |
| compliance.                                                           |
|                                                                       |
| **Section 619. Compliance with nationally recognized codes.**         |
|                                                                       |
| To the maximum extent feasible as determined by the Administrator,    |
| buildings constructed or altered are required to meet nationally      |
| recognized model codes and local zoning laws and other local          |
| requirements. For purposes of meeting this provision, special rules   |
| providing for state and local government consultation, review and     |
| inspections have been established; however, no action or fines may be |
| imposed against the US for failure to meet any of the requirements.   |
| Applies to any project for construction or alteration of a building   |
| for which funds are first appropriated beginning after September 30,  |
| 1989. Shall not apply to any building if Administrator determines     |
| application would adversely affect national security.                 |
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