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(b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corpora-
tion, firm, or individual shall not be employed under authority of subsection
(a) on a permanent basis.
(c) RESPONSIBILITY
OF ADMINISTRATOR.—Notwithstanding any other
provision of this section, the Administrator is responsible for all construc-
tion authorized by this chapter, including the interpretation of construction
contracts, approval of material and workmanship supplied under a construc-
tion contract, approval of changes in the construction contract, certification
of vouchers for payments due the contractor, and final settlement of the
contract.
§ 3309. Buildings and sites in the District of Columbia
(a) IN GENERAL.—The purposes of this chapter shall be carried out in
the District of Columbia as nearly as may be practicable in harmony with
the plan of Peter Charles L’Enfant. Public buildings shall be constructed
or altered to combine architectural beauty with practical utility.
(b) CLOSING OF STREETS AND ALLEYS.—When the Administrator of
General Services decides that constructing or altering a public building
under this chapter in the District of Columbia requires using contiguous
squares as a site for the building, parts of streets that lie between the
squares, and alleys that intersect the squares, may be closed and vacated
if agreed to by the Administrator, the Council of the District of Columbia,
and the National Capital Planning Commission. Those streets and alleys be-
come part of the site.
(c) CONSULTATIONS PRIOR TO ACQUISITIONS.—
(1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Adminis-
trator must consult with the House Office Building Commission cre-
ated by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before
the Administrator may acquire land located south of Independence Ave-
nue, 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 Administrator 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 con-
duct events in Robert F. Kennedy Stadium.
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§ 3310. Special rules for leased buildings
For any building to be constructed for lease to, and for predominant 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 Administrator has established de-
tailed 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 Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 253);
(3) shall inspect every building during construction to establish that
the specifications established for the building are complied with;
(4) on completion of the building, shall evaluate the building to de-
termine the extent of failure to comply with the specifications 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 safe-
ty laws
When the Administrator of General Services considers it desirable, 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 ad-
minister 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 sec-
tion may be accomplished by filing with the chief executive officer of the
State, territory, or possession a notice of assignment to take effect on ac-
ceptance, 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.
§ 3312. Compliance with nationally recognized codes
(a) APPLICATION.—
(1) IN GENERAL.—This section applies to any project for construc-
tion or alteration of a building for which amounts are first appro-
priated 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 de-
cides 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.
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(b) BUILDING CODES.—Each building constructed or altered by the Gen-
eral Services Administration or any other federal agency shall be con-
structed 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 na-
tionally 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 Adminis-
tration or any other federal agency shall be constructed or altered only after
consideration of all requirements (except procedural 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 distance of
a building from the property line, maximum height of a building, his-
toric 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 con-
struct or alter the building—
(A) in preparing plans for the building, shall consult with ap-
propriate officials of the State or political subdivision 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 build-
ing is begun; and
(ii) reasonable notice of their intention to conduct any in-
spection before conducting the inspection.
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(2) LIMITATION ON RESPONSIBILITIES.—This section does not im-
pose an obligation on any State or political subdivision to take any ac-
tion under paragraph (1).
(e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate
officials of a State or political subdivision of a State may make rec-
ommendations to the Administrator or the head of the federal agency au-
thorized 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 measures which should be taken in the construction or
alteration of the building to take into account local conditions. The Adminis-
trator or the head of the agency shall give due consideration to the rec-
ommendations.
(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 requirements 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 contractors
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 section
3305(b) of this title, the carrying out of the duties and powers of the Ad-
ministrator 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 promote efficiency and
economy.
(b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delega-
tion under subsection (a) does not exempt the person to whom the delega-
tion 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 COMMITTEE.—
Within a reasonable time after a request of either House of Congress or
any committee of Congress, the Administrator of General Services shall sub-