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> **PUBLIC BUILDINGS AMENDMENTS OF 1972**
>
> \[As Amended Through P.L. 108--204, March 2, 2004\]
>
> **1**
>
> March 2, 2004
>
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> March 2, 2004
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> Q:\\COMP\\BLDGS\\PBA72
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> **PUBLIC BUILDINGS AMENDMENTS OF 1972**
>
> March 2, 2004

AN ACT To amend the Public Buildings Act of 1959, as amended, to provide
for fi- nancing the acquisition, construction, alteration, maintenance,
operation, and pro- tection of 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*,

> øSections 1-4 were repealed by section 6 of P.L. 107--217 (116

Stat. 1062).¿

> \* \* \* \* \* \* \*

SEC. 5. ø40 U.S.C. 602a¿ (a) Whenever the Administrator of General
Services determines that the best interests of the United States will be
served by taking action hereunder, he is authorized to provide space by
entering into purchase contracts, the terms of which shall not be more
than thirty years and which shall provide in each case that title to the
property shall vest in the United States at or before the expiration of
the contract term and upon fulfillment of the terms and conditions
stipulated in each of such purchase contracts. Such terms and conditions
shall include provi- sion for the application to the purchase price
agreed upon therein of installment payments made thereunder. Each
purchase contract authorized by this section shall be entered into
pursuant to the provisions of title III of the Federal Property and
Administrative Services Act of 1949, as amended. If any such contract is
nego- tiated, the determination and findings supporting such negotiation
shall be promptly reported in writing to the Committee on Environ- ment
and Public Works of the Senate and the Committee on Public Works and
Transportation of the House of Representatives. Pro- posals for purchase
contracts shall be solicited from the maximum number of qualified
sources consistent with the nature and require- ments of the facility to
be procured.

\(b\) Each such purchase contract shall include such provisions as the
Administrator of General Services, in his discretion, shall deem to be
in the best interests of the United States and appro- priate to secure
the performance of the obligations imposed upon the party or parties
that shall enter into such agreement with the United States. No such
purchase contract shall provide for any payments to be made by the
United States in excess of the amount necessary, as determined by the
Administrator, to---

> \(1\) amortize the cost of construction of improvements to be
> constructed plus the fair market value, on the date of the agreement,
> of the site, if not owned by the United States; and
>
> \(2\) provide a reasonable rate of interest on the outstanding
> principal as determined under paragraph (1) above; and
>
> \(3\) reimburse the contractor for the cost of any other obli- gations
> required of him under the contract, including (but not
>
> **3**
>
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> **4Sec. 5. PUBLIC BUILDINGS AMENDMENTS OF 1972**
>
> March 2, 2004
>
> limited to) payment of taxes, costs of carrying appropriate in-
> surance, and costs of repair and maintenance if so required of the
> contractor.

\(c\) Funds available on the date of enactment of this subsection for
the payment of rent and related charges for premises, whether
appropriated directly to the General Services Administration or to any
other agency of the Government and received by said Adminis- tration for
such purpose, may be utilized by the Administrator of General Services
to make payments becoming due from time to time from the United States
as current charges in connection with agreements entered into under
authority of this section.

\(d\) With respect to any interest in real property acquired under the
provisions of this section, the same shall be subject to State and local
taxes until title to the same shall pass to the Government of the United
States.

\(e\) For the purpose of purchase contracts provided for in this section
for the erection by the contractor of buildings and improve- ments for
the use of the United States, the Administrator is au- thorized to enter
into agreements with any person, copartnership, corporation, or other
public or private entity, to effectuate any of the purposes of this
section; and is further authorized to bring about the development and
improvement of any land owned by the United States and under the control
of the General Services Ad- ministration including the demolition of
obsolete and outmoded structures situated thereon, by providing for the
construction there- on by others of such structures and facilities as
shall be the subject of the applicable purchase contracts, and by making
available such plans and specifications for the construction of a public
building thereon as the Government may posses. Projects heretofore ap-
proved pursuant to the provisions of the Public Buildings Act of

1959, as amended (40 U.S.C. 601 et seq.), may be constructed under
authority of this section without further approval, and the prospectuses
submitted to obtain such approval shall for all pur- poses, be
considered as prospectuses for the purchase of space, ex- cept that any
such project shall be subject to the requirements of section 7(b) of the
Public Buildings Act of 1959, as amended, based upon an estimated
maximum cost increased by not more than an average of 10 per centum per
year, exclusive of financing or other costs attributable to the use of
the method of construction author- ized by this section.

> \(f\) Except for previously approved prospectuses referred to in

\(e\) above, no purchase contract shall be entered into pursuant to the
authority of this section until a prospectus therefor has been submitted
and approved in accordance with section 7 of the Public Buildings Act of
1959, as amended.

\(g\) No purchase contract shall be entered into under the au- thority
granted under this section after the end of the third fiscal year which
begins after the date of enactment of this section.

\(h\) No space shall be provided pursuant to this section until after
the expiration of 30 days from the date upon which the Ad- ministrator
of General Services notifies the Committees on Appro- priations of the
Senate and House of Representatives of his deter- mination that the best
interests of the Federal Government will be

> Q:\\COMP\\BLDGS\\PBA72
>
> **5 PUBLIC BUILDINGS AMENDMENTS OF 1972**

**Sec. 7**

> March 2, 2004

served by providing such space by entering into a purchase con- tract
therefor.

SEC. 6. (a) The Postmaster General of the United States Postal Service
shall convey to the city of Carbondale, Illinois, all right, title, and
interest of the United States and such Postal Service, in and to the
real property (including any improvements thereon) in Carbondale,
Illinois, bounded by old West Main Street on the south, Glenview Drive
on the west, Illinois Route 13 and access road to Murdale Shopping
Center on the north, and by Texaco Service Station and residences on the
north, approximately 308 feet on the east, 525 feet on the south, 420
feet on the west and with an irregular boundary on the north, a total
area of approxi- mately 191,000 square feet. The exact legal description
of the prop- erty shall be determined by the Postmaster General, without
cost to the city of Carbondale, Illinois. Such conveyance shall be made
without payment of monetary consideration and on condition that such
property shall be used solely for public park purposes, and if it ever
ceases to be used for such purpose, the title thereto shall revert to
the United States which shall have the right of immediate reentry
thereon.

(b)(1) The United States Postal Service shall grant to the City of New
York, without reimbursement, air rights for public housing purposes
above the postal facility to be constructed on the real property bounded
by Twenty-eighth and Twenty-ninth Streets, Ninth and Tenth Avenues, in
the City of New York (the Morgan Annex site), such facility to be
designed and constructed in such manner as to permit the building by the
City of New York of a high-rise residential tower thereon, *Provided,*
That---

> \(A\) the City of New York shall grant to the Postal Service without
> reimbursement exclusive use of Twenty-ninth Street, between Ninth and
> Tenth Avenues in the City of New York, such use to be irrevocable
> unless the Postal Service sells, leases, or otherwise disposes of the
> Morgan Annex site; and
>
> \(B\) the City of New York shall agree to reimburse the Postal Service
> for the additional cost of designing and con- structing the
> foundations of its facility so as to render them ca- pable of
> supporting a residential tower above the facility, and shall issue any
> permits, licenses, easements and other author- izations which may be
> necessary or incident to the construction of the postal facility.

\(2\) If within twenty-four months after the City of New York has
complied with the provisions of paragraphs (A) and (B) of sub- section
(d)(1) of this section, the United States Postal Service has not awarded
a contract for the construction of its facility, the Post- al Service
shall convey to the City of New York, at the fair market value, all
right, title and interest in and to the above-described real property.
Such conveyance shall be made on the condition that such property shall
be used solely for public housing purposes, and if public housing is not
constructed on the property with five years after title is conveyed to
the City of New York or if thereafter the property ever ceases to be
used for such purposes, title thereto shall revert to the Postal
Service, which shall have the right of im- mediate reentry thereon.

> SEC. 7. ø40 U.S.C. 603 note¿
>
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> **6Sec. 8 PUBLIC BUILDINGS AMENDMENTS OF 1972**
>
> øSection 7 was repealed by section 6 of P.L. 107--217 (116 Stat.
>
> 1062).¿
>
> SEC. 8. ø40 U.S.C. 175 note¿ (a) Notwithstanding any other provision
> of law, the House Office Building Commission is author- ized (1) to
> use, to such extent as it may deem necessary, for the purpose of
> providing office and other accommodations for the House of
> Representatives, the building, known as the Congressional Hotel,
> acquired by the Government in 1957 as part of Lot 20 in Square
>
> 692 in the District of Columbia under authority of the Additional
> House Office Building Act of 1955 and (2) to direct the Architect of
> the Capitol to lease, at fair market value, for such other use and
> under such terms and conditions and to such parties as such Com-
> mission may authorize, any space in such building not required for the
> aforesaid purpose.
>
> \(b\) Any space in such building used for office and other accom-
> modations for the House of Representatives shall be deemed to be a
> part of the ''House Office Buildings'' and, as such, shall be subject
> to the laws, rules, and regulations applicable to those buildings.
>
> \* \* \* \* \* \* \* SEC. 11. ø40 U.S.C. 603 note¿
>
> øSection 11 was repealed by section 6 of P.L. 107--217 (116
>
> Stat. 1062).¿
>
> March 2, 2004