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.
PL 94-541 (S.865), enacted 10/18/1976

PUBLIC LAW 94-541—OCT. 18, 1976 
90 STAT. 2505 
Public Law 94-541 
94th Congress 
An Act 
To amend the Public Buildings Act of 1959 m 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 hy the Senate and House of Representatives of the 
United /States of America In Congress assembled, 
TITLE I 
SLC. 101. This title may be cited as the "Public Buildings Coopera-
tive Use Act of 1976"'. 
SKC. 102. (a) In order to carry out his duties under this title and 
uiider any other authority with respect to constructing, operating, 
maintaining, altering, and otherwise managing or acquiring space 
necessary for the accommodation of Federal agencies and to accom-
])rsh the puiposes 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 
stinmlate public pedestrian traffic around, into, and through 
public buildings, permitting cooperative improvements to and 
uses of the area between the building and the street, so that such 
activities complement and supplement commercial, cultural, edu-
cational, and recreational resources in the neighborhood of public 
buildings; and 
(4) encourage the public use of public buildings for cultural, 
educational, and recreational activities. 
(b) In carrying out his duties under subsection (a) of this section, 
the Administrator shall consult with Governors, areawide agencies 
establislied pursuant to title II of the Demonstration Cities and 
Metropolitan Development Act of 1966 and title IV of the Inter-
governmental Cooperation Act of 1968, and chief executive officers of 
those units of general local government in each area served by an 
existing or proposed public building, and shall solicit the comments 
of such other community leaders and members of the general public 
as he deems appropriate. 
SEC. 103. The Public Buildings Act of 1959 is amended— 
(1) by striking out at the end of section 7(a)(3) the word 
"buildings;" and inserting in lieu thereof "buildings, especially 
such of those buildings as enhance the architectural, historical, 
social, cultural, and economic environment of the locality;"; 
(2) by striking out "and" at the end of section 7(a)(4), by 
redesignating section 7(a) (5) as section 7(a) (6), and by insert-
ing the following new section 7(a) (5): 
Oct. 18, 1976 
[S. 865] 
Public buildings. 
Historical and 
architectural 
preservation. 
Public Buildings 
Cooperative Use 
Act of 1976. 
40 u s e 601 note. 
40 u s e 601a. 
42 
use 
3331. 
42 
use 
4231. 
40 
use 
606. 
90 STAT. 2506 
PUBLIC LAW 94-541—OCT. 18, 1976 
" (5) a statement by the Administrator of the economic and other 
justifications for not acquiring or purchasing a building or build-
ings identified to the Administrator pursuant to section 12(c) of 
40 use 611. 
this Act as suitable for the public building needs of the Federal 
Government; and"; and 
(3) by redesignating section 12(c) and section 12(d) and all 
references thereto as section 12(d) and section 12(e), respec-
tively, and by inserting after section 12(b) the following new 
section 12(c) : 
"(c) Whenever the Administrator undertakes a survey of the public 
buildings needs of the Federal Government within a geographical 
area, he shall request that, within sixty days, the Advisory Council on 
Historic Preservation established by title II of the Act of October 15, 
1966 (16 U.S.C. 470i), identify any existing buildings within such 
geographical area that (1) are of historic, architectural, or cultural 
significance (as defined in section 105 of the Public Buildings Coop-
Post, p. 2507. 
erative Use Act of 1976) and (2) would be suitable, whether or not 
in need of repair, alteration, or addition, for acquisition or purchase 
to meet the public buildings needs of the Federal Government". 
SEC. 104. (a) Section 210(a) of the Federal Property and Admin-
40 use 490. 
istrative Services Act of 1949 is amended by striking out "and" at the 
end of paragraph (14)^ by striking out the period at the end of para-
graph (15) and insertmg in lieu thereof a semicolon, and by adding 
after such paragraph the following new paragraphs: 
"(16) to enter into leases of space on major pedestrian access 
levels and courtyards and rooftops of any public building with 
persons, firms, or organizations engaged in commercial, cultural, 
educational, or recreational activities (as defined in section 105 of 
the Public Buildings Cooperative Use Act of 1976). The Admin-
istrator shall establish a rental rate for such leased space equiva-
lent to the prevailing commercial rate for comparable space 
devoted to a similar purpose in the vicinity of the public building. 
Such leases may be negotiated without competitive bids, but shall 
contain such terms and conditions and be negotiated pursuant to 
such procedures as the Administrator deems necessary to promote 
competition and to protect the public interest; 
"(^17) to make available, on occasion, or to lease at such rates 
and on such other terms and conditions as the Administrator 
deems to be in the public interest, auditoriums, meeting rooms, 
courtyards, rooftops, and lobbies of public buildings to persons, 
firms, or organizations engaged in cultural, educational, or recrea-
ational activities (as defined in section 105 of the Public Build-
ings Cooperative Use Act of 1976) that will not disrupt the 
operation of the building; 
"(18) to deposit into the fund established by subsection (f) of 
this section all sums received under leases or rentals executed pur-
suant to paragraphs (16) and (17) of this subsection, and each 
sum shall be credited to the appropriation made for such fund 
applicable to the operation of such building; and 
"(19) to furnish utilities, maintenance, repair, and other serv-
ices to persons, firms, or organizations leasing space pursuant to 
paragraphs (16) and (17) of this subsection. Such services may 
be provided during and outside of regular working hours of 
Federal agencies.", 
(b) The Federal Property and Administrative Services Act of 1949 
is amended by adding at the end of section 210 (e) the following: "The 
Administrator shall, where practicable, give priority in the assign-
ment of space on any major pedestrian access level not leased under the 
PUBLIC LAW 94-541—OCT. 18, 1976 
90 STAT. 2507 
terms of subsection (a) (16) or (a) (17) of this section in such build-
ings to Federal activities requiring regular contact with members of 
the public. To the extent such space is unavailable, the Administrator 
shall provide space with maximum ease of access to building 
entrances.". 
SEC. 105. As used in this title and in the amendments made by this Definitions, 
t i t l e s 
40 use 612a. 
(1) The term "Administrator" means the Administrator of General 
Services. 
(2) The terms "public building" and "Federal agency" have the 
same meaning as is given them in the Public Buildings Act of 1959. 
(3) The term "unit of general local government" means any city, 
county, town, parish, village, or other general purpose political sub-
division of a State. 
(4) The term "historical, architectural, or cultural significance" 
inchides, but is not limited to, buildings listed or eligible to be listed 
on the National Register established under section 101 of the Act of 
October 15, 1966 (16 U.S.C. 470a). 
(5) The term "commercial activities" includes, but is not limited to, 
the operations of restaurants, food stores, craft stores, dry goods stores, 
financial institutions, and display facilities. 
(6) The term "cultural activities" includes, but is not limited to, 
film, dramatic, dance, and musical presentations, and fine art exhibits, 
whether or not such activities are intended to make a profit. 
(7) The term "educational activities" includes, but is not limited to, 
: ' 
the operations of libraries, schools, day care centers, laboratories, and 
lecture and demonstration facilities. 
(8) The term "recreational activities" includes, but is not limited to, 
' '''^ 
the operations of gymnasiums and related facilities. 
TITLE II 
SEC. 201. The Act entitled "An Act to insure that certain buildings 
financed with Federal funds are so designed and constructed as to be 
accessible to the physically handicapped", approved August 12, 1968 
(42 U.S.C. 4151^156), is amended as follows: 
(1) The first section is amended by inserting after "structure" the 42 U
S
C 4151. 
following: "not leased by the Government for subsidized housing pro-
grams"; and by striking out in paragraph (2) the following: "after 
construction or alteration in accordance with plans and specifications 
of the United States". 
(2) Section 2 is amended— 
42 USC 4152. 
(A) by striking out "is authorized to prescribe such" and 
inserting in lieu thereof "shall prescribe"; 
(B) i3y striking out "as may be necessary to insure" and insert-
ing in lieu thereof "to insure whenever possible"; and 
(C) by inserting immediately after "Department of Defense" 
the following: "and of the United States Postal Service". 
(3) Section 3 is amended— 
42 U
S
C 4153. 
(A) hj^ striking out "is authorized to prescribe such" and 
inserting in lieu thereof "shall prescribe"; and 
(B) by striking out "as may be necessary to insure" and insert-
ing in lieu thereof "to insure whenever possible". 
(4) Section 4 is amended— 
42 U
S
C 4154. 
(A) by striking out "is authorized to prescribe such" and 
inserting in lieu thereof "shall prescribe"; and 
(B) by striking out "as may be necessary to insure" and insert-
ing in lieu thereof "to insure whenever possible". 
90 STAT. 2508 
PUBLIC LAW 94-541—OCT. 18, 1976 
42 u s e 4154a. 
42 u s e 4156. 
Report to 
eongress. 
42 u s e 4157. 
Report to 
congressional 
committees. 
29 u s e 792. 
42 u s e 4151 
note. 
(5) Immediately after section 4 insert the following new section: 
"SEC. 4a. The United States Postal Service, in consultation with the 
Secretary of Health, Education, and Welfare, shall prescribe such 
standards for the design, construction, and alteration of its buildings 
to insure whenever possible that physically handicapped persons will 
have ready access to, and use of, such buildings.". 
(6) Section 6 is amended— 
(A) by inserting immediately after "section 4 of this Act," the 
following: "and the United States Postal Service with respect 
to standards issued under section 4a of this Act" ; 
(B) by striking out "is authorized"; 
(C) by inserting immediately after "(1)" the following: "is 
authorized"; and 
(D) by striking out all that follows "(2)" and inserting in lieu 
thereof "shall establish a system of continuing surveys and investi-
gations to insure compliance with such standards.". 
(7) By adding at the end thereof the following new section: 
"SEC. 7. (a) The Administrator of General Services shall report to 
Congress during the first week of January of each year on his activi-
ties and those of other departments, agencies, and instrumentalities 
of the Federal Government under this Act during the preceding fiscal 
year including, but not limited to, standards issued, revised, amended, 
or repealed under this Act and all case-by-case modifications, and 
waivers of such standards during such year. 
"(b) The Architectural and Transportation Barriers Compliance 
Board established by section 502 of the Rehabilitation Act of 1973 
(Public Law 93-112) shall report to the Public Works and Transpor-
tation Committee of the House of Representatives and the Public 
Works Committee of the Senate during the first week of January of 
each year on its activities and actions to insure compliance with the 
standards prescribed under this Act.". 
SEC. 202. The amendment made by paragraph (1) of section 201 of 
this Act shall not apply to any lease entered into before January 1, 
1977. It shall apply to every lease entered into on or after January 1, 
1977, including any renewal of a lease entered into before such aate 
which renewal is on or after such date. 
SEC. 203. Section 410(b) of title 39, United States Code, is amended 
by adding at the end thereof the following: 
"(8) The provisions of the Act of August 12, 1968 (42 U.S.C. 
4151-4156).". 
Approved October 18, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1584, pt. 1 (Comm. on Public Works and Transportation) 
and No. 94-1584, pt. 2 accompanying H.R. 15134 (Comm. on 
Government Operations). 
SENATE REPORT No. 94-349 (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.