H.R. 9689: Protecting Resources and Ensuring Stewardship of Enduring Records of Visual Expression Act

This bill would create new rules for how the federal government handles certain public artworks when the buildings or properties containing them are no longer needed by the government.

What counts as covered art

The bill applies to federally owned artwork that is or was, within the last 5 years, managed by the General Services Administration’s Fine Arts Program. This includes artworks commissioned with taxpayer money under New Deal-era federal programs and works created through the GSA Art in Architecture program.

What GSA would have to do before disposing of property

When the General Services Administration (GSA) decides that a federal property is excess property and then surplus property, it would have to determine within 30 days whether that property contains covered art. If it does, GSA would have to notify relevant congressional committees and the members of Congress representing the area within 60 days.

Preservation committee and preservation plan

Before the government can demolish, transfer, sell, or lease out a surplus property containing covered art, GSA would have to set up a Preservation Committee at least 90 days before the first such action. The committee would have to include between 3 and 6 members, including at least one GSA Fine Arts Program employee and at least two other members with relevant art, preservation, or historical knowledge.

The committee would then receive GSA’s proposed disposal plan or possible alternatives and, within 90 days, submit a preservation plan. That plan would need to focus on preserving the artwork as much as possible. Examples include:

• putting preservation requirements into an outlease or sale agreement,
• moving the artwork to another facility, or
• moving it to a museum.

GSA would also have to post the plan on its website for at least 90 days. If the committee misses its deadline, it would have to explain why to Congress and GSA.

Limits on disposal or transfer of property

The bill would prohibit GSA from disposing of, demolishing, or outleasing the property unless the preservation committee has completed its plan and GSA certifies to Congress that it is carrying out that plan and that the artwork will remain publicly accessible under future owners or tenants.

The bill would also allow GSA, if the committee recommends it, to place the artwork on long-term loan to a museum or nonprofit organization, as long as the loan agreement includes the bill’s preservation and public-access requirements.

Public access requirement

Any preservation approach would need to ensure that the artwork remains publicly accessible, meaning accessible to the general public on a regular and predictable basis.

Relevant Companies

None found