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improvements, equipment, and architectural, engineering, and legal fees, and multiplied by a factor estimated by the Commissioner to represent the area needed per pupil in minimum school facilities. If the Commissioner finds that the information available for the State con

cerned for such second preceding fiscal year is inade

quate or not sufficiently representative, he shall determine such cost on the basis of such information as he

has available and after consultation with the State edu

cational agency. The cost of constructing minimum

school facilities in the school district of a local edu

cational agency shall be determined by the Commissioner, after consultation with the State and local edu

cational agencies, on the basis of such information as

may be contained in the application of such local educa

tional agency and such other information as he may obtain; and

(w) whether or not school facilities are minimum school facilities shall be determined by the Commissioner, after consultation with the State and local educational agencies, in accordance with regulations prescribed by him. Such regulations shall (A) require the local educational agency concerned to give due consideration to excellence of architecture and design, (B) provide that no

facility shall be disqualified as a minimum school facility

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because of the inclusion of works of art in the plans

thereof if the cost of such works of art does not exceed 1

per centum of the cost of the project, and (C) require compliance with such standards as the Secretary of Health, Education, and Welfare may prescribe or approve in order to insure that facilities constructed

with the use of Federal funds under this Act shall be, to

the extent appropriate in view of the uses to be made of

the facilities, accessible to and usable by handicapped

persons.

RESTRICTIONS ON THE LOCATION OF FEDERAL FACILITIES

12 SEC. 401. (a) After January 1, 1972, no Government 13 facility may be located in any community which has failed to develop an acceptable plan which provides, in the

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opinion of the Chairman, an adequate supply of housing for middle and lower income employees of the facility.

(b) Each Government agency or Federal contractor shall, prior to initiating location procedures, require written assurance in the form of a plan that the relevant community

will conform to the requirements of section 502.

(c) Should, after the acceptance of the plan by the

Chairman, any community fail to comply with its approved plan, the Chairman shall bring suit in the United States Dis

trict Court for the District of Columbia to secure an injunc

tion to require such community to conform to its plan.

S. 1282-2

66-138 0. 71

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1 (d) Should any Federal contractor locate or expand any 2 Government facility in violation of the provisions of this 3 section, the Chairman shall, after giving appropriate notice, 4 terminate all Federal contracts held by such contractor: 5 Provided, That the Secretary of a department or chief 6 executive officer of an independent agency that holds a con

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tract with a Federal contractor who locates a Federal facility 8 in violation of this section may, subject to court review, veto 9 the Chairman's termination of such contract, if he finds, on the basis of facts presented, that such a termination will seriously and substantially impede the mission of the department or agency.

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(e) The Chairman shall also prohibit the granting of any future Federal contracts with a noncomplying Federal

contractor.

(f) Should any State take action to locate a Government facility in violation of the provisions of this Act, the

Chairman shall, after giving appropriate notice, order the

suspension of all Federal assistance to the State agency that

has jurisdiction over such facility until such time as the community has produced an acceptable plan as provided by

sections 501-508 of this Act.

THE PLAN

SEC. 501. The plans required to be filed by section 401

of this Act shall conform to the requirements of this section.

SEC. 502. Each plan shall

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(a) be embodied in a contract between the Federal Government, as represented by the Chairman, and the

community in which the Government facility is to be located;

(b) provide that at least one unit of middle and lower income housing is available in the community for every prospective middle and lower income employee of the local government agency or Federal contractor; such units shall meet the requirements of size, price, location, cleanliness, and habitability as set by the Chairman;

(c) provide assurances that the community has taken the necessary steps to permit operation of all housing programs authorized under Federal housing legislation;

(d) contain a timetable for provision of the housing units required by section (b) above: Provided, That at least one-half of such units shall be in existence

within six months after the actual completion date of

the Government facility, with the remaining units to be in existence within twelve months after the com

pletion date;

(e) in circumstances where a community does not file a plan or is found to be in noncompliance with an approved plan, and where compelling reasons exist for

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the Government contractor facility to locate in that community as described in section 401 (d), the Federal Government shall provide housing to meet the needs of current and potential middle and lower income employees; and

(f) provide for sufficient community services to

serve the new residents of the community.

SEC. 503. Should the Chairman determine that a change 9 in the local situation, the size of the Government facility or 10 other relevant factors necessitates a modification of the plan, 11 he may approve such modifications, if they are proposed 12 by the community or require a community to make neces13 sary modifications: Provided, That such modifications do not impede the effectuation or achievement of the purposes. 15 of this Act.

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SEC. 504. The Chairman shall reject any plan or modi17 fications in any plan, if they fail to comply with the pro18 visions of section 502 or if they would result in residential 19 segregation of low- and moderate-income families within the

20 community.

SEC. 505. Should the Chairman determine that, as a

result of the size, location, and accessibility of two or more

communities, it would facilitate implementation of the pur

poses of this Act for such communities to develop a joint plan, he may approve such a plan: Provided, That any such