121
•H 2068 IH
buildings listed or eligible to be listed on the National Register estab-
lished 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
general 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 Admin-
istrator 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 accom-
plish 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 pe-
destrian traffic around, into, and through, public buildings, permitting
cooperative improvements to and uses of the area between the building
and the street, so that the activities complement and supplement com-
mercial, cultural, educational, and recreational resources in the neigh-
borhood 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 agen-
cies established pursuant to title II of the Demonstration Cities and
Metropolitan 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 building; and
(2) solicit the comments of other community leaders and members
of the general public as the Administrator considers appropriate.
122
•H 2068 IH
§ 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 Environment and Public Works of the Senate and the Committee on
Transportation 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)
[603] 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
purpose 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 sub-
section (a), the Administrator of General Services shall transmit to Con-
gress a prospectus of the proposed facility, including—
(1) a brief description of the building to be constructed, altered, or
acquired, 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 con-
structed, 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, so-
cial, 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 suit-
able space owned by the Government is not available and that suitable
rental space is not available at a price commensurate with that to be
afforded through the proposed action;
(5) a statement by the Administrator of the economic and other jus-
tifications for not acquiring a building identified to the Administrator
under section 3303(c) of this title as suitable for the public building
needs of the Government; and
123
•H 2068 IH
(6) a statement of rents and other housing costs currently being paid
by the Government for federal agencies to be housed in the building
to be constructed, altered, or acquired, or the space to be leased.
(c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum
cost of any project approved under this section as set forth in any pro-
spectus may be increased by an amount equal to any percentage increase,
as determined by the Administrator, in construction or alteration costs from
the date the prospectus is transmitted to Congress. The increase authorized
by this subsection may not exceed 10 percent of the estimated maximum
cost.
(d) RESCISSION OF APPROVAL.— If an appropriation is not made within
one year after the date a project for construction, alteration, or acquisition
is approved under subsection (a), the Committee on Environment and Pub-
lic Works of the Senate or the Committee on Transportation and Infrastruc-
ture of the House of Representatives by resolution may rescind its approval
before an appropriation is made.
(e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does
not prevent the Administrator from entering into emergency leases during
any period declared by the President to require emergency leasing authority.
An emergency lease may not be for more than 180 days without approval
of a prospectus for the lease in accordance with subsection (a).
(f) LIMITATION ON LEASING CERTAIN SPACE.—
(1) IN GENERAL.—The Administrator may not lease space to accom-
modate any of the following if the average rental cost of leasing the
space will exceed $1,500,000:
(A) Computer and telecommunications operations.
(B) Secure or sensitive activities related to the national defense
or security, except when it would be inappropriate to locate those
activities in a public building or other facility identified with the
Government.
(C) A permanent courtroom, judicial chamber, or administrative
office for any United States court.
(2) EXCEPTION.—The Administrator may lease space with respect to
which paragraph (1) applies if the Administrator—
(A) decides, for reasons set forth in writing, that leasing the
space is necessary to meet requirements which cannot be met in
public buildings; and
(B) submits the reasons to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
124
•H 2068 IH
(g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may
adjust any dollar amount referred to in this section to reflect a percentage
increase or decrease in construction costs during the prior calendar year,
as determined by the composite index of construction costs of the Depart-
ment of Commerce. Any adjustment shall be expeditiously reported to the
Committee on Environment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Representa-
tives.
§ 3308. Architectural or engineering services
(a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of Gen-
eral Services decides it to be necessary, the Administrator may employ,
without regard to chapters 33 and 51 and subchapter III of chapter 53 of
title 5, civil service rules and regulations, or section 3709 of the Revised
Statutes (41 U.S.C. 5), the services of established architectural or engineer-
ing corporations, firms, or individuals, to the extent the Administrator may
require those services for any public building authorized to be constructed
or altered under this chapter.
(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.—