110
§ 3147. Suspension of this subchapter during a national
emergency
The President may suspend the provisions of this subchapter during a na-
tional emergency.
§ 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made with-
out regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or on a cost-
plus-a-fixed-fee basis or otherwise without advertising for proposals, if this
subchapter otherwise would apply to the contract.
SUBCHAPTER V—VOLUNTEER SERVICES
§ 3161. Purpose
It is the purpose of this subchapter to promote and provide opportunities
for individuals who wish to volunteer their services to state or local govern-
ments, public agencies, or nonprofit charitable organizations in the construc-
tion, repair, or alteration (including painting and decorating) of public
buildings and public works that at least partly are financed with federal fi-
nancial assistance authorized under certain federal programs and that other-
wise might not be possible without the use of volunteers.
§ 3162. Waiver for individuals who perform volunteer serv-
ices
(a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la-
borers and mechanics be paid in accordance with the wage-setting provisions
of subchapter IV of this chapter as set forth in the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian Health Care
Improvement Act (25 U.S.C. 1601 et seq.), and the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) does not apply to an
individual—
(1) who volunteers to perform a service directly to a state or local gov-
ernment, a public agency, or a public or private nonprofit recipient of
federal assistance—
(A) for civic, charitable, or humanitarian reasons;
(B) only for the personal purpose or pleasure of the individual;
(C) without promise, expectation, or receipt of compensation for
services rendered, except as provided in subsection (b); and
(D) freely and without pressure or coercion, direct or implied,
from any employer;
(2) whose contribution of service is not for the direct or indirect ben-
efit of any contractor otherwise performing or seeking to perform work
on the same project for which the individual is volunteering;
111
(3) who is not employed by and does not provide services to a con-
tractor or subcontractor at any time on the federally assisted or insured
project for which the individual is volunteering; and
(4) who otherwise is not employed by the same public agency or re-
cipient of federal assistance to perform the same type of services as those
for which the individual proposes to volunteer.
(b) PAYMENTS.—
(1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in sub-
section (a) who are performing services directly to a state or local gov-
ernment or public agency may receive payments of expenses, reasonable
benefits, or a nominal fee only in accordance with regulations the Sec-
retary of Labor prescribes. Volunteers who are performing services di-
rectly to a public or private nonprofit entity may not receive those pay-
ments.
(2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing the
regulations, the Secretary shall consider criteria such as the total amount
of payments made (relating to expenses, benefits, or fees) in the context
of the economic realities. The regulations shall include provisions that
provide that—
(A) a payment for an expense may be received by a volunteer for
items such as uniform allowances, protective gear and clothing, re-
imbursement for approximate out-of-pocket expenses, or the cost or
expense of meals and transportation;
(B) a reasonable benefit may include the inclusion of a volunteer
in a group insurance plan (such as a liability, health, life, dis-
ability, or worker’s compensation plan) or pension plan, or the
awarding of a length of service award; and
(C) a nominal fee may not be used as a substitute for compensa-
tion and may not be connected to productivity.
(3) NOMINAL FEE.—The Secretary shall decide what constitutes a
nominal fee for purposes of paragraph (2)(C). The decision shall be based
on the context of the economic realities of the situation involved.
(c) ECONOMIC REALITY.—In determining whether an expense, benefit, or
fee described in subsection (b) may be paid to volunteers in the context of the
economic realities of the particular situation, the Secretary may not permit
any expense, benefit, or fee that has the effect of undermining labor standards
by creating downward pressure on prevailing wages in the local construction
industry.
112
SUBCHAPTER VI—MISCELLANEOUS
§ 3171. Contract authority when appropriation is for less
than full amount
Unless specifically directed otherwise, the Administrator of General Services
may make a contract within the full limit of the cost fixed by Congress for
the acquisition of land for sites, or for the enlargement of sites, for public
buildings, or for the erection, remodeling, extension, alteration, and repairs
of public buildings, even though an appropriation is made for only part of
the amount necessary to carry out legislation authorizing that purpose.
§ 3172. Extension of state workers’ compensation laws to
buildings, works, and property of the Federal Gov-
ernment
(a) AUTHORIZATION OF EXTENSION.—The state authority charged with en-
forcing and requiring compliance with the state workers’ compensation laws
and with the orders, decisions, and awards of the authority may apply the
laws to all land and premises in the State which the Federal Government
owns or holds by deed or act of cession, and to all projects, buildings, con-
structions, improvements, and property in the State and belonging to the Gov-
ernment, in the same way and to the same extent as if the premises were
under the exclusive jurisdiction of the State in which the land, premises,
projects, buildings, constructions, improvements, or property are located.
(b) LIMITATION
ON
RELINQUISHING
JURISDICTION.—The Government
under this section does not relinquish its jurisdiction for any other purpose.
(c) NONAPPLICATION.—This section does not modify or amend subchapter
I of chapter 81 of title 5.
§ 3173. Working capital fund for blueprinting, photostating,
and duplicating services in General Services Ad-
ministration
(a) ESTABLISHMENT AND PURPOSE.—There is a working capital fund for
the payment of salaries and other expenses necessary to the operation of a
central blue-printing, photostating, and duplicating service.
(b) COMPONENTS.—The fund consists of—
(1) $50,000 without fiscal year limitation; and
(2) reimbursements from available amounts of constituents of the Ad-
ministrator of General Services, or of any other federal agency for which
services are performed, at rates to be determined by the Administrator
on the basis of estimated or actual charges for personal services, mate-
rial, equipment (including maintenance, repair, and depreciation on ex-
isting and new equipment) and other expenses, to ensure continuous op-
eration.
113
(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close of each
fiscal year any excess amount resulting from operation of the service, after
adequately providing for the replacement of mechanical and other equipment
and for accrued annual leave of employees engaged in this work by the estab-
lishment of reserves for those purposes, shall be deposited in the Treasury as
miscellaneous receipts.
§ 3174. Operation of public utility communications services
serving governmental activities
The Administrator of General Services may provide and operate public
utility communications services serving any governmental activity when the
services are economical and in the interest of the Federal Government. This
section does not apply to communications systems for handling messages of
a confidential or secret nature, the operation of cryptographic equipment or
transmission of secret, security, or coded messages, or buildings operated or
occupied by the United States Postal Service, except on request of the depart-
ment or agency concerned.
§ 3175. Acceptance of gifts of property
The Administrator of General Services, and the United States Postal Serv-
ice where that office is concerned, may accept on behalf of the Federal Govern-
ment unconditional gifts of property in aid of any project or function within
their respective jurisdictions.
§ 3176. Administrator of General Services to furnish services
in continental United States to international bod-
ies
Sections 1535 and 1536 of title 31 are extended so that the Administrator
of General Services, at the request of the Secretary of State, may furnish serv-
ices in the continental United States, on a reimbursable basis, to any inter-
national body with which the Federal Government is affiliated.
CHAPTER 33—ACQUISITION, CONSTRUCTION, AND
ALTERATION
Sec.
3301.
Definitions and nonapplication.
3302.
Prohibition on construction of buildings except by Administrator of General Services.
3303.
Continuing investigation and survey of public buildings.
3304.
Acquisition of buildings and sites.
3305.
Construction and alteration of buildings.
3306.
Accommodating federal agencies.
3307.
Congressional approval of proposed projects.
3308.
Architectural or engineering services.
3309.
Buildings and sites in the District of Columbia.
3310.
Special rules for leased buildings.
3311.
State administration of criminal and health and safety laws.
3312.
Compliance with nationally recognized codes.
3313.
Delegation.
3314.
Report to Congress.
3315.
Certain authority not affected.
114
§ 3301. Definitions and nonapplication
(a) DEFINITIONS.—In this chapter—
(1) ALTER.—The term ‘‘alter’’ includes—
(A) preliminary planning, engineering, architectural, legal, fis-
cal, and economic investigations and studies, surveys, designs,
plans, working drawings, specifications, procedures, and other simi-
lar actions necessary for the alteration of a public building; and
(B) repairing, remodeling, improving, or extending, or other
changes in, a public building.
(2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary plan-
ning, engineering, architectural, legal, fiscal, and economic investigations
and studies, surveys, designs, plans, working drawings, specifications,
procedures, and other similar actions necessary for the construction of
a public building.
(3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means an execu-
tive department or independent establishment in the executive branch of
the Federal Government, including—
(A) any wholly owned Government corporation;
(B) the Central-Bank for Cooperatives and the regional banks for
cooperatives;
(C) federal land banks;
(D) federal intermediate credit banks;
(E) the Federal Deposit Insurance Corporation; and
(F) the Government National Mortgage Association.
(4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an executive
agency or an establishment in the legislative or judicial branch of the
Government (except the Senate, the House of Representatives, and the
Architect of the Capitol and any activities under the direction of the Ar-
chitect).
(5) PUBLIC BUILDING.—The term ‘‘public building’’—
(A) means a building, whether for single or multitenant occu-
pancy, and its grounds, approaches, and appurtenances, which is
generally suitable for use as office or storage space or both by one
or more federal agencies or mixed-ownership Government corpora-
tions;
(B) includes—
(i) federal office buildings;
(ii) post offices;
(iii) customhouses;
(iv) courthouses;
(v) appraisers stores;
117
the Administrator shall provide for the construction and acquisition of public
buildings equitably throughout the United States with due regard to the com-
parative urgency of the need for each particular building. In developing plans
for new buildings, the Administrator shall give due consideration to excellence
of architecture and design.
§ 3304. Acquisition of buildings and sites
(a) IN GENERAL.—The Administrator of General Services may acquire, by
purchase, condemnation, donation, exchange, or otherwise, any building and
its site which the Administrator decides is necessary to carry out the duties
of the Administrator under this chapter.
(b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS SITES.—
The Administrator may acquire land or an interest in land the Adminis-
trator considers necessary for use as sites, or additions to sites, for public
buildings authorized to be constructed or altered under this chapter.
(c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When any
part of a public building is to be used for post office purposes, the Adminis-
trator shall act jointly with the United States Postal Service in selecting the
town or city where the building is to be constructed, and in selecting the site
in the town or city for the building.
(d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE OF
REAL PROPERTY.—When the Administrator is to acquire a site under sub-
section (b), the Administrator, if the Administrator considers it necessary, by
public advertisement may solicit proposals for the sale, donation, or exchange
of real property to the Federal Government to be used as the site. In selecting
a site under subsection (b) the Administrator (with the concurrence of the
United States Postal Service if any part of the public building to be con-
structed on the site is to be used for post office purposes) may—
(1) select the site that the Administrator believes is the most advan-
tageous to the Government, all factors considered; and
(2) acquire the site without regard to title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
§ 3305. Construction and alteration of buildings
(a) CONSTRUCTION.—
(1) REPLACEMENT OF EXISTING BUILDINGS.—When the Administrator
of General Services considers it to be in the best interest of the Federal
Government to construct a new public building to take the place of an
existing public building, the Administrator may demolish the existing
building and use the site on which it is located for the site of the pro-
posed public building. If the Administrator believes that it is more ad-
vantageous to construct the public building on a different site in the
same city, the Administrator may exchange the building and site, or the
118
site, for another site, or may sell the building and site in accordance
with subtitle I of this title and title III of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(2) SALE OR EXCHANGE OF SITES.—When the Administrator decides
that a site acquired for the construction of a public building is not suit-
able for that purpose, the Administrator may exchange the site for an-
other site, or may sell it in accordance with subtitle I of this title and
title III of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 251 et seq.).
(3) COMMITTEE APPROVAL REQUIRED.—This subsection does not per-
mit the Administrator to use any land as a site for a public building
if the project has not been approved in accordance with section 3307 of
this title.
(b) ALTERATION OF BUILDINGS.—
(1) AUTHORITY TO ALTER BUILDINGS AND ACQUIRE LAND.—The Ad-
ministrator may—
(A) alter any public building; and
(B) acquire in accordance with section 3304(b)–(d) of this title
land necessary to carry out the alteration.
(2) COMMITTEE APPROVAL NOT REQUIRED.—
(A) THRESHOLD AMOUNT.—Approval under section 3307 of this
title is not required for any alteration and acquisition authorized
by this subsection for which the estimated maximum cost does not
exceed $1,500,000.
(B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annu-
ally may adjust the dollar amount referred to in subparagraph (A)
to reflect a percentage increase or decrease in construction costs dur-
ing the prior calendar year, as determined by the composite index
of construction costs of the Department of Commerce. Any adjust-
ment shall be expeditiously reported to the Committee on Environ-
ment and Public Works of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representatives.
(c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Administrator
may carry out any construction or alteration authorized by this chapter by
contract if the Administrator considers it to be most advantageous to the Gov-
ernment.
§ 3306. Accommodating federal agencies
(a) DEFINITIONS.—In this section—
(1) COMMERCIAL ACTIVITIES.—The term ‘‘commercial activities’’ in-
cludes the operations of restaurants, food stores, craft stores, dry goods
stores, financial institutions, and display facilities.
119
(2) CULTURAL ACTIVITIES.—The term ‘‘cultural activities’’ includes
film, dramatic, dance, and musical presentations, and fine art exhibits,
whether or not those activities are intended to make a profit.
(3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’ in-
cludes the operations of libraries, schools, day care centers, laboratories,
and lecture and demonstration facilities.
(4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—The
term ‘‘historical, architectural, or cultural significance’’ includes build-
ings listed or eligible to be listed on the National Register established
under section 101 of the National Historic Preservation Act (16 U.S.C.
470a).
(5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’
includes the operations of gymnasiums and related facilities.
(6) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of gen-
eral local government’’ means a city, county, town, parish, village, or
other general-purpose political subdivision of a State.
(b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the Adminis-
trator of General Services under sections 581(h), 584(b), 3303(c), and
3307(b)(3) and (5) of this title and under any other authority with respect
to constructing, operating, maintaining, altering, and otherwise managing or
acquiring space necessary to accommodate federal agencies and to accomplish
the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the
Administrator shall—
(1) acquire and utilize space in suitable buildings of historical, archi-
tectural, or cultural significance, unless use of the space would not prove
feasible and prudent compared with available alternatives;
(2) encourage the location of commercial, cultural, educational, and
recreational facilities and activities in public buildings;
(3) provide and maintain space, facilities, and activities, to the extent
practicable, that encourage public access to, and stimulate public pedes-
trian traffic around, into, and through, public buildings, permitting co-
operative improvements to and uses of the area between the building and
the street, so that the activities complement and supplement commercial,
cultural, educational, and recreational resources in the neighborhood of
public buildings; and
(4) encourage the public use of public buildings for cultural, edu-
cational, and recreational activities.
(c) CONSULTATION AND SOLICITATION OF COMMENTS.—In carrying out the
duties under subsection (b), the Administrator shall—
(1) consult with chief executive officers of the States, areawide agencies
established pursuant to title II of the Demonstration Cities and Metro-
120
politan Development Act of 1966 (42 U.S.C. 3331 et seq.) and section
6506 of title 31, and chief executive officers of those units of general local
government in each area served by an existing or proposed public build-
ing; and
(2) solicit the comments of other community leaders and members of
the general public as the Administrator considers appropriate.
§ 3307. Congressional approval of proposed projects
(a) RESOLUTIONS REQUIRED BEFORE APPROPRIATIONS MAY BE MADE.—
The following appropriations may be made only if the Committee on Envi-
ronment and Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives adopt resolutions
approving the purpose for which the appropriation is made:
(1) An appropriation to construct, alter, or acquire any building to
be used as a public building which involves a total expenditure in excess
of $1,500,000, so that the equitable distribution of public buildings
throughout the United States with due regard for the comparative ur-
gency of need for the buildings, except as provided in section 3305(b) of
this title, is ensured.
(2) An appropriation to lease any space at an average annual rental
in excess of $1,500,000 for use for public purposes.
(3) An appropriation to alter any building, or part of the building,
which is under lease by the Federal Government for use for a public pur-
pose if the cost of the alteration will exceed $750,000.
(b) TRANSMISSION
TO
CONGRESS
OF
PROSPECTUS
OF
PROPOSED
PROJECT.—To secure consideration for the approval referred to in subsection
(a), the Administrator of General Services shall transmit to Congress a pro-
spectus of the proposed facility, including—
(1) a brief description of the building to be constructed, altered, or ac-
quired, or the space to be leased, under this chapter;
(2) the location of the building or space to be leased and an estimate
of the maximum cost to the Government of the facility to be constructed,
altered, or acquired, or the space to be leased;
(3) a comprehensive plan for providing space for all Government offi-
cers and employees in the locality of the proposed facility or the space
to be leased, having due regard for suitable space which may continue
to be available in existing Government-owned or occupied buildings, es-
pecially those buildings that enhance the architectural, historical, social,
cultural, and economic environment of the locality;
(4) with respect to any project for the construction, alteration, or ac-
quisition of any building, a statement by the Administrator that suitable
space owned by the Government is not available and that suitable rental