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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents
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(g) The Council shall terminate on September 30, 2021, unless extended by the President. Members appointed under subsections (b)(vi) and (b)(vii) of this section shall serve until the Council terminates and shall not be removed except for inefficiency, neglect of duty, or malfeasance.

Sec. 5. Responsibilities of the Council. The Council shall:

(a) submit a report to the Administrator, recommending updates to GSA’s policies and procedures to incorporate the policies of section 2 of this order and advance the purposes of this order. The report shall explain how the recommended changes accomplish these purposes. The report shall be submitted prior to September 30, 2021.

(b) recommend to the Administrator changes to GSA policies for situations in which the agency participates in a design selection pursuant to the Commemorative Works Act (chapter 89 of title 40, United States Code), in furtherance of the purposes of this order and consistent with applicable law.

Sec. 6. Agency Actions. (a) The Administrator shall adhere to the policies set forth in section 2 of this order.

(b) In the event the Administrator proposes to approve a design for a new applicable Federal public building that diverges from the preferred architecture set forth in subsection 2(a) of this order, including Brutalist or Deconstructivist architecture or any design derived from or related to these types of architecture, the Administrator shall notify the President through the Assistant to the President for Domestic Policy not less than 30 days before GSA could reject such design without incurring substantial expenditures. Such notification shall set forth the reasons the Administrator proposes to approve such design, including:

(i) a detailed explanation of why the Administrator believes selecting such design is justified, with particular focus on whether such design is as beautiful and reflective of the dignity, enterprise, vigor, and stability of the American system of self-government as alternative designs of comparable cost using preferred architecture;
(ii) the total expected cost of adopting the proposed design, including estimated maintenance and replacement costs throughout its expected lifecycle; and
(iii) a description of the designs using preferred architecture seriously considered for such project and the total expected cost of adopting such designs, including estimated maintenance and replacement costs throughout their expected lifecycles.

Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.