[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 998 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 998

To promote social, cultural, and historic awareness of communities that 
        are homes to Federal buildings, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 20 (legislative day, April 19), 1993

 Mr. Bingaman (for himself and Mr. Moynihan) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To promote social, cultural, and historic awareness of communities that 
        are homes to Federal buildings, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Art-in-Architecture Act of 1993''.

SEC. 2. PURPOSE.

    Congress finds that Federal buildings, through the integration of 
permanent works of art with architecture, should engage and represent 
the diverse social, cultural, and historic characteristics of the 
communities in which the Federal buildings are located and serve.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the General Services Administration or a 
        designee of the Administrator.
            (2) Agency fine arts officer.--The term ``agency fine arts 
        officer'' means the General Services Administration official 
        with technical and professional agencywide oversight 
        responsibility for the fine arts programs of the agency.
            (3) Artist.--The term ``artist'' means any individual, 
        partnership, corporation, association, or other entity that 
        creates a work of art.
            (4) Work of art.--The term ``work of art'' includes a 
        painting, sculpture, work on paper, literary or poetic 
        inscription, large-scale crafts (such as mosaics, ceramics, and 
        tapestries), environmental art, or architectural art integrated 
        into a building. A work of art is one that exists only in a 
        single copy unless the Federal Government has given the artist 
        written permission to fabricate actual size reproductions.
            (5) Federal building.--The term ``Federal building'' means 
        any public building, along with the grounds, approaches, and 
        appurtenances of the building, under the jurisdiction of the 
        Administrator, that attracts, or is expected to attract, 
        significant public use.
            (6) Project.--The term ``project'' means an existing or new 
        building and site, including the art project, and all repair 
        and alteration construction relating to a building.
            (7) Art project.--The term ``art project'' means the 
        commissioning of works of art by the Administrator.
            (8) Art project funding.--The term ``art project funding'' 
        means the total funds allocated to a project for commissioning 
        a work of art.
            (9) Community representatives.--The term ``community 
        representatives'' includes art professionals or members of the 
        lay public invited or in attendance at art project meetings 
        held by the Administrator to solicit comments on a proposed art 
        project.

SEC. 4. COMMISSION AND CONTRACTS FOR WORKS OF ART.

    (a) Art Funding for New Buildings.--
            (1) In general.--Except as provided in subsection (b), not 
        less than \1/2\ of 1 percent of the funds made available for 
        new construction, building purchase, acquisition, or 
        prospectus-level repair and alteration projects shall be made 
        available for art projects for the building.
            (2) Increase in amount.--The Administrator may increase the 
        percentage amount specified in paragraph (1) for a project 
        warranting more artwork, such as a building with exceptional 
        public space whose architectural character and scale would 
        accommodate and be significantly enhanced by large-scale, high-
        quality artwork.
            (3) Exception.--The Administrator may decrease the 
        percentage amount specified in paragraph (1), specifying 
        reasons for decreasing the amount, for a project warranting 
        less artwork such as--
                    (A) a building with little or no public use or 
                access; or
                    (B) a building with sufficient previously acquired 
                artwork.
    (b) Planning.--The preliminary planning and design of each new 
Federal building shall include planning for art commissions.
    (c) Commissioning.--
            (1) Authority.--The Administrator shall commission works of 
        art by living American artists to be placed in Federal 
        buildings.
            (2) Amount of commission.--The commission award shall be 
        based on a fixed price.
            (3) Selection.--In commissioning works of art, the 
        Administrator shall select artists based upon--
                    (A) the artistic merit of the previous work of the 
                artist;
                    (B) the estimated value of the proposed work of 
                art, and the scope, complexity, and professional nature 
                of the work of art;
                    (C) the artistic media;
                    (D) the social, cultural, and aesthetic judgments 
                of the local and regional community;
                    (E) the interest in giving expression to the 
                vitality and diversity of American life; and
                    (F) the professional review of the agency fine arts 
                officer.
    (d) Procedures.--
            (1) Establishment of procedures.--The Administrator shall 
        establish such procedures as are necessary to commission works 
        of art, with an emphasis on the participation of community 
        representatives.
            (2) Failure to negotiate contract.--If the Administrator is 
        unable to negotiate a satisfactory contract with the selected 
        artist, negotiations shall be terminated. The Administrator 
        should undertake negotiations with alternate artists in order 
        of merit.
            (3) Exemption from federal property and administrative 
        services act.--Commissioning of art under this Act shall not be 
        subject to title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251 et seq.).
            (4) Publicity.--The Administrator shall publicize each 
        prospective art project and shall give artists a reasonable 
        period of time to respond for consideration.
    (e) Maintenance of Artwork.--The Administrator shall provide for 
necessary services to maintain and preserve the works of art in a state 
of high quality.
    (f) Registry of Portfolios.--The agency fine arts officer shall 
maintain a registry of portfolios and statements of qualifications for 
artists interested in being considered for art projects.

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