PUBLIC LAW 94-541 [S. 865]; Oct. 18,1976 

PUBLIC BUILDINGS ACT OF 1959 

For Legislative-History of- Act. seep. 5558 

An Act to amend the Public Buildings Act of 1959 in order to preserve buildings of historical or architectural significance through their use for Federal public 

building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped. 

Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled, 

TITLE I 

Sec. 101. This title may be cited as the "Public Buildings CooperativeUse Act of 1976". 

Sec. 102. (a) In order to carry out his duties under this title and under any other authority with respect to constructing, 

operating, maintaining, altering, and otherwise managing or acquiring space necessary for the accommodation of Federal 

agencies and to accomplish the purposes of this title, the administrator shall ---

1. acquire and utilize space in suitable buildings of historic, architectural, or cultural significance, unless use of such 

space would not prove feasible and prudent compared with available alternatives; 

2. encourage the location of commercial, cultural, educational, and recreational facilities and activities within public 

buildings; 

3. provide and maintain space:, facilities, and activities, to the extent practicable, which encourage public access to and 

stimulate public pedestrian traffic around, into, and through pubic buildings, permitting cooperative improvements to 

and uses of the area between the building and the street, so that such activities complement and supplement 

commercial, cultural, educational, and recreational resources in the neighborhood of public buildings; and 

4. encourage the public use of public buildings for cultural,educational,and recreational activities. 

(b) In carrying out his duties under subsection (a) of this section, the Administrator shall consult with Governors, 

areawide agencies established pursuant to title II ofthe Demonstration Cities and Metropolitan Development Act of 1966 

and title IV of the IntergovernmentalCooperation Act of 1968, and chief executive officers of those units of general local 

government in each area served by an existing or proposed public building, and shall solicit the comments of such other 

community leaders and members of the general public as he deems appropriate. 

Sec. 103. Tile Public Buildings Act of 1959 is amended1. by striking out at the end ofsection 7(a) (3) the word "buildings;" and inserting in lieu thereof "buildings, especially 

such of those buildings as enhance the architectural, historical, social, cultural, and economic environment of the 

locality;"; 

2. by striking out “and” at the end of section 7(a) (4), by redesignating section 7(a) (5) as section 7(a) (6), and by 

inserting the following new section 7(a) (5): 

"(5) a statement by the Administrator of the economic and other justifications for not acquiring or purchasing a 

building or buildings identified to the Administrator pursuant to section 12(c) of this Act as suitable for the public 

building needs of the Federal Government; and;" and 

3. by redesignating section 12(c) and section 12(d) and all references thereto as section 12(d) and section 12(e), 

respectively, and by inserting after section 12(b) the following new section 12(c): 

"(c) Whenever the Administrator undertakes a survey of the public buildings needs of the Federal Government within a 

geographicalarea, he shall request that, within Sixty days, the Advisory Council on Historic Preservation, establishedby 

title II of the Act of October 15, 1966 (16 U.S.C. 470i ), identify any existing buildings within such geographical area that 
(1) are of historic, architectural or cultural significance (as defined in section 105 of the Public Building Cooperative Use 

Act of 1976) and (2) would be suitable whether or not in need of repair, alteration, or addition, for acquisition or purchase to 

meet the public buildings needs of the Federal Government.". 

Sec. 104. (a) Section 210(a) of the Federal Property and Administrative Services Act of 1949 is amended by striking out 

"and" at the end of paragraph (14), by striking out the period at the end of paragraph (15) and inserting in lieu thereof a 

semicolon, and by adding after such paragraph the following new paragraphs: 

"(16) to enter into leases of space on major pedestrian access levels and courtyards and rooftops of any public building 

with persons, firms, or organizations engaged in commercial, cultural, educational, or recreational activities (as defined in 

section 105 of the Public Buildings Cooperative Use Act of 1976). The Administrator shall establish a rental rate for such 

leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity 

of the public building. Such leases may be negotiated without competitive bids, but shall contain such terms and conditions 

and be negotiated pursuant to such procedures as the Administrator deems necessary to promote competition and to protect 

the public interest; 

“(17) to make available, on occasion, or to lease at such rates and on such other terms arid conditions as the 

Administrator deems to be in the public interest, auditoriums, meeting rooms, courtyards, rooftops, and lobbies of public 

buildings to persons, firms, or organizations engaged in cultural, educational, or recreational activities (as defined in section 

105 of the Public Buildings Cooperative Use Act of 1976) that will not disrupt the operation of the building; 

"(18) to deposit into the fund established by subsection (f) of this section all sums received under leases or rentals 

executed pursuant to paragraphs (I. 6) and (17) of this subsection, and each sum shall be credited to the appropriation made 

for such fund applicable to the operation of such building; and 

"(19) to furnish utilities, maintenance, repair, and other services to persons, firms, or organizations leasing space 

pursuant to paragraphs (1 6) and (1 7) of this subsection. Such services may be provided during and outside ofregular 

working hours of Federal agencies." 

(b) The Federal Property and Administrative Services Act of 1949 is amended by adding at the end of section 210(e), the 

following: “The Administrator shall, where practicable, give priority in the assignment of space on any major pedestrian 

access level not leased under the terms of subsection (a) (16) or (a) (17) of this section in such buildings to Federal activities 

requiring regular contact with members of the public. To the extent, such space is unavailable, the Administrator shall 

provide space with maximum ease of access to building entrances.". 

Sec. 105. As used in this title and in the amendments made by this title----

The term Administrator means the Administrator of General Services. 

1. The terms "public building" and "Federal agency'' have the same meaning as given to them in the Public Buildings 

Act of 1959. 

2. The term "unit of general local government'' means any city, country, town, parish, village, or other general purpose 

political subdivision of a State. 

3. The term historical, architectural or cultural significance" includes, but is not limited to, buildings listed or eligible to 

be listed on the National Register established under section 101 of the Act of October 15, 1066 (16 U.S.C. 470a). 

4. The term "commercial activities" includes, but is not limited to, the operations of restaurants, food stores, craft 

stores, dry goods stores, financial institutions, and display facilities. 

5. The term "cultural activities" includes, but is not limited to, film, dramatic, dance, and musical presentations, and 

fine art exhibits, whether or not such activities are intended to make a profit. 

6. The term "educational activities" includes, but is not limited to, the operations of libraries, schools, day care centers, 

laboratories, and lecture and demonstration facilities. 

7. The term "recreational activities" includes, but is not limited to, the operations of gymnasiums and related facilities. 

TITLE II 

Sec. 201. The Act entitled "An Act to insure that certain buildings financed with Federal funds are so designed and 

constructed as to be accessible to the physically handicapped", approved August 12, 1968 (42 U.S.C. 4151-4156), is 

amended as follows: 

1. The first section is amended by inserting after "structure"the following : "not leased by the Government for 
subsidized housing programs” and by striking out in paragraph (2) the following: "after construction or alteration in 

accordance with plans and specifications of the United States". 

2. Section 2 is amended 

a. by striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe"; 

b. by striking out "as may be necessary to insure" and inserting in lieu thereof "to insure whenever possible" 

and 

C. by inserting immediately after "Departmentof Defense'' the following: ''and of the United States Postal 

Service". 

3. Section 3 is amendeda. by striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe": and 

b. by striking out "as may be necessary to insure'' and inserting in lieu thereof "to insure whenever possible". 

4. Section 4 is amendeda. by striking out "is authorized to prescribe such” and inserting' in lieu thereof "shall prescribe"; and 

b. by striking out "as may be necessary to insure" and inserting in lieu thereof "to insure whenever possible". 

5. Immediately after section 4 insert the following new section: "SEC. 4a. The United States Postal Service, in 

consultation with the Secretary of Health, Education, and Welfare, shall prescribe such standards for the design, 

construction, and alteration of its building to insure whenever possible that physically handicapped persons will have 

ready access to, and use of, such buildings.". 

6. Section 6 is amendeda. by inserting immediately after "section 4 of this Act," the following: "and the United States Postal Service 

with respect to standards issued under section 4a of this Act"; 

b. by striking out “is authorized" 

C. by inserting immediately after "(1)"the following: "is authorized'' ;and 

d. by striking out all that follows "(2)" and inserting in lieu thereof "shall establish a system of continuing 

surveys and investigations to insure compliance with such standards." 

7. By adding at the end thereof the following new section: 

"Sec. 7. 

a. The Administrator of General Services shall report to Congress during the first week of January of each year 

on his activities and those of other departments, agencies, and instrumentalities of the Federal Government 

under this Act during the preceding fiscal year including, but not limited to, standards issued, revised, 

amended, or repealed under this Act and all case-by-case modifications, and waivers of such standards during 

such year. 

b. The Architectural and Transportation Barriers Compliance Board established by section 502 of the 

Rehabilitation Act of 1973 (Public Law 93-112) shall report to the Public Works and Transportation 

Committee of the House of Representatives and the Public Works Committee of the Senate during the first 

week of January of each year on its activities and actions to insure compliance with the standards prescribed 

under this Act.". 

Sec. 202. The amendment made by paragraph (1) of section 201 of this Act shall not apply to any lease entered 

into before January 1, 1977. It shall apply to every lease entered into on or after January 1, 1977, including any 

renewal of a lease entered into before such date which renewal is on or after such date. 

Sec. 203. Section 410(b) of title 39, United States Code, is amended by adding at the end thereof the following: 

8. The provisions ofthe Act ofAugust 12, 1968 (42 U.S.C. 4151-4156)." 

Approved October 18, 1976. 

LEGISLATIVE HISTORY: 

HOUSE REP0RT:No. 941584, pt. 1 (Comm. on Public Works and Transportation) and No. 941584, Pt. 2 accompanying 

H.R. 15134 (Comm. on Government Operations). 

SENATE REPORT No. 94349 (Comm. on Public Works). CONGRESSIONAL RECORD: Vol. 121(1975):Aug. 1, 

considered and passed Senate. 
Vol. 122 (1976): Sept. 29. considered and passed House. amended, in lieu of H.R. 15134. 

Oct. 1, Senate concurred in House amendment. 

90 STAT. 2508