H. R. 2068—103
created by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365),
before the Administrator may acquire land located south of
Independence Avenue, between Third Street SW and Eleventh
Street SE, in the District of Columbia, for use as a site or
an addition to a site.
(2) WITH ARCHITECT OF CAPITOL.—The Administrator must
consult with the Architect of the Capitol before the Adminis-
trator may acquire land located in the area extending from
the United States Capitol Grounds to Eleventh Street NE and
SE and bounded by Independence Avenue on the south and
G Street NE on the north, in the District of Columbia, for
use as a site or an addition to a site.
(d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the
District of Columbia Stadium Act of 1957 (Public Law 85–300,
71 Stat. 619) or any other provision of law, the Armory Board
may make contracts to conduct events in Robert F. Kennedy Sta-
dium.
§ 3310. Special rules for leased buildings
For any building to be constructed for lease to, and for predomi-
nant use by, the Federal Government, the Administrator of General
Services—
(1) notwithstanding section 585(a)(1) of this title, shall not
make any agreement or undertake any commitment which will
result in the construction of the building until the Adminis-
trator has established detailed specification requirements for
the building;
(2) may acquire a leasehold interest in the building only
by the use of competitive procedures required by section 303
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253);
(3) shall inspect every building during construction to estab-
lish that the specifications established for the building are
complied with;
(4) on completion of the building, shall evaluate the building
to determine the extent of failure to comply with the specifica-
tions referred to in clause (1); and
(5) shall ensure that any contract entered into for the building
shall contain provisions permitting a reduction of rent during
any period when the building is not in compliance with the
specifications.
§ 3311. State administration of criminal and health and
safety laws
When the Administrator of General Services considers it desir-
able, the Administrator may assign to a State or a territory or
possession of the United States any part of the authority of the
Federal Government to administer criminal laws and health and
safety laws with respect to land or an interest in land under
the control of the Administrator and located in the State, territory,
or possession. Assignment of authority under this section may be
accomplished by filing with the chief executive officer of the State,
territory, or possession a notice of assignment to take effect on
acceptance, or in another manner as may be prescribed by the
laws of the State, territory, or possession in which the land or
interest is located.
H. R. 2068—104
§ 3312. Compliance with nationally recognized codes
(a) APPLICATION.—
(1) IN
GENERAL.—This section applies to any project for
construction or alteration of a building for which amounts are
first appropriated for a fiscal year beginning after September
30, 1989.
(2) NATIONAL SECURITY WAIVER.—This section does not apply
to a building for which the Administrator of General Services
or the head of the federal agency authorized to construct or
alter the building decides that the application of this section
to the building would adversely affect national security. A
decision under this subsection is not subject to administrative
or judicial review.
(b) BUILDING CODES.—Each building constructed or altered by
the General Services Administration or any other federal agency
shall be constructed or altered, to the maximum extent feasible
as determined by the Administrator or the head of the federal
agency, in compliance with one of the nationally recognized model
building codes and with other applicable nationally recognized
codes, including electrical codes, fire and life safety codes, and
plumbing codes, as the Administrator decides is appropriate. In
carrying out this subsection, the Administrator or the head of
the federal agency shall use the latest edition of the nationally
recognized codes.
(c) ZONING LAWS.—Each building constructed or altered by the
Administration or any other federal agency shall be constructed
or altered only after consideration of all requirements (except proce-
dural requirements) of the following laws of a State or a political
subdivision of a State, which would apply to the building if it
were not a building constructed or altered by a federal agency:
(1) Zoning laws.
(2) Laws relating to landscaping, open space, minimum dis-
tance of a building from the property line, maximum height
of a building, historic preservation, esthetic qualities of a
building, and other similar laws.
(d) COOPERATION WITH STATE AND LOCAL OFFICIALS.—
(1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW,
AND INSPECTIONS.—To meet the requirements of subsections
(b) and (c), the Administrator or the head of the federal agency
authorized to construct or alter the building—
(A) in preparing plans for the building, shall consult
with appropriate officials of the State or political subdivi-
sion of a State, or both, in which the building will be
located;
(B) on request shall submit the plans in a timely manner
to the officials for review by the officials for a reasonable
period of time not exceeding 30 days; and
(C) shall permit inspection by the officials during
construction or alteration of the building, in accordance
with the customary schedule of inspections for construction
or alteration of buildings in the locality, if the officials
provide to the Administrator or the head of the federal
agency—
(i) a copy of the schedule before construction of the
building is begun; and
(ii) reasonable notice of their intention to conduct
any inspection before conducting the inspection.
H. R. 2068—105
(2) LIMITATION ON RESPONSIBILITIES.—This section does not
impose an obligation on any State or political subdivision to
take any action under paragraph (1).
(e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appro-
priate officials of a State or political subdivision of a State may
make recommendations to the Administrator or the head of the
federal agency authorized to construct or alter a building concerning
measures necessary to meet the requirements of subsections (b)
and (c). The officials also may make recommendations to the
Administrator or the head of the federal agency concerning meas-
ures which should be taken in the construction or alteration of
the building to take into account local conditions. The Administrator
or the head of the agency shall give due consideration to the
recommendations.
(f) EFFECT OF NONCOMPLIANCE.—An action may not be brought
against the Federal Government and a fine or penalty may not
be imposed against the Government for failure to meet the require-
ments of subsection (b), (c), or (d) or for failure to carry out any
recommendation under subsection (e).
(g) LIMITATION ON LIABILITY.—The Government and its contrac-
tors shall not be required to pay any amount for any action a
State or a political subdivision of a State takes to carry out this
section, including reviewing plans, carrying out on-site inspections,
issuing building permits, and making recommendations.
§ 3313. Delegation
(a) WHEN ALLOWED.—Except for the authority contained in sec-
tion 3305(b) of this title, the carrying out of the duties and powers
of the Administrator of General Services under this chapter, in
accordance with standards the Administrator prescribes—
(1) shall be delegated on request to the appropriate executive
agency when the estimated cost of the project does not exceed
$100,000; and
(2) may be delegated to the appropriate executive agency
when the Administrator determines that delegation will pro-
mote efficiency and economy.
(b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Dele-
gation under subsection (a) does not exempt the person to whom
the delegation is made, or the carrying out of the delegated duty
or power, from any other provision of this chapter.
§ 3314. Report to Congress
(a) REQUEST
BY EITHER HOUSE
OF CONGRESS
OR ANY COM-
MITTEE.—Within a reasonable time after a request of either House
of Congress or any committee of Congress, the Administrator of
General Services shall submit a report showing the location, space,
cost, and status of each public building the construction, alteration,
or acquisition of which—
(1) is to be under authority of this chapter; and
(2) was uncompleted as of the date of the request, or as
of another date the request may designate.
(b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT
OR COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.—The
Administrator and the United States Postal Service shall make
building project surveys requested by resolution by the Committee
on Environment and Public Works of the Senate or the Committee
H. R. 2068—106
on Transportation and Infrastructure of the House of Representa-
tives, and within a reasonable time shall make a report on the
survey to Congress. The report shall contain all other information
required to be included in a prospectus of the proposed public
building project under section 3307(b) of this title.
§ 3315. Certain authority not affected
This chapter does not limit or repeal the authority conferred
by law on the United States Postal Service.
CHAPTER 35—NON-FEDERAL PUBLIC WORKS
Sec.
3501.
Definitions.
3502.
Planned public works.
3503.
Revolving fund.
3504.
Surveys of public works planning.
3505.
Forgiveness of outstanding advances.
§ 3501. Definitions
In this chapter, the following definitions apply:
(1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State
or a public agency or political subdivision of a State.
(2) PUBLIC WORKS.—The term ‘‘public works’’ includes any
public works other than housing.
(3) STATE.—The term ‘‘State’’ means a State of the United
States, the District of Columbia, Puerto Rico, Guam, the Virgin
Islands, the Northern Mariana Islands, the Federated States
of Micronesia, the Marshall Islands, Palau, and any territory
or possession of the United States.
§ 3502. Planned public works
(a) ADVANCES TO ENSURE PLANNING.—Notwithstanding section
3324(a) and (b) of title 31, the Secretary of Housing and Urban
Development may make advances to public agencies and Indian
tribes—
(1) to encourage public agencies and Indian tribes to maintain
at all times a current and adequate reserve of planned public
works the construction of which can rapidly be commenced,
particularly when the national or local economic situation
makes that action desirable; and
(2) to help attain maximum economy and efficiency in the
planning and construction of public works.
(b) USES OF ADVANCES.—A public agency or Indian tribe shall
use an advance under subsection (a) to aid in financing the cost
of feasibility studies, engineering and architectural surveys, designs,
plans, working drawings, specifications, or other action preliminary
to and in preparation for the construction of public works, and
for construction in connection with the development of a medical
center, a general plan for the development of the center.
(c) NO FUTURE COMMITMENT.—An advance under subsection (a)
does not commit the Congress to appropriate amounts to assist
in financing the construction of any public works planned with
the aid of that advance. Outstanding advances to public agencies
and Indian tribes in a State shall not exceed 12.5 percent of the
aggregate then authorized to be appropriated to the revolving fund
established under section 3503 of this title.