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(C) a nominal fee may not be used as a substitute for com-
pensation 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 per-
mit 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.
§ 3163. Report on use of volunteers by for-profit entities
Not later than December 31, 1997, the Secretary of Labor shall prepare
and submit to the appropriate committees of Congress a report that—
(1) to the maximum extent practicable—
(A) identifies and assesses the barriers that prevent private for-
profit entities from using volunteers permitted under this sub-
chapter; and
(B) assesses whether private for-profit entities should be per-
mitted to use volunteers on projects relating to the construction,
repair, or alteration of public buildings and public works if—
(i) the volunteers are performing services for civic, chari-
table, humanitarian or educational reasons;
(ii) the contribution of services is not for the direct or indi-
rect benefit of the private for-profit entity that is performing
or seeking to perform work on the projects; and
(iii) the projects otherwise would not be possible without
the use of volunteers; and
(2) contains recommendations with respect to other laws related to
subchapter IV that may be considered in legislation to permit volunteer
work.
SUBCHAPTER VI—MISCELLANEOUS
§ 3171. Availability of appropriations for use in temporary
rented quarters
(a) IN GENERAL.—Unless otherwise specifically provided by law and ex-
cept as provided in subsection (b), when the Administrator of General Serv-
ices may secure temporary quarters for the use of Federal Government offi-
cials pending the alteration, improvement, or repairs to, or the remodeling,
reconstruction, or enlargement of, any public building belonging to the Gov-
ernment under the control of the Administrator, the following appropria-
tions are available, if necessary, in connection with the part of the premises
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that may be rented for, or occupied by, the officials in the same manner,
for the same purpose, and to the same extent as if the title to the premises
were vested in the Government:
(1) The appropriation for vaults, safes, and locks for public build-
ings.
(2) The appropriations for operating force and operating supplies for
public buildings.
(3) The appropriations for furniture and repairs of furniture.
(b) EXCEPTIONS.—
(1) OPERATING FORCE AND OPERATING SUPPLIES.—The appropria-
tions for operating force and operating supplies are not available for
public buildings under the control of the Administrator in the District
of Columbia (except the customhouse), marine hospitals and quarantine
stations, and mints and branch mints.
(2) FURNITURE AND REPAIRS OF FURNITURE.—The appropriations
for furniture and repairs of furniture are not available for marine hos-
pitals and quarantine stations and mints and branch mints.
§ 3172. Contract authority when appropriation is for less
than full amount
Unless specifically directed otherwise, the Administrator of General Serv-
ices 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 pub-
lic buildings, or for the erection, remodeling, extension, alteration, and re-
pairs of public buildings, even though an appropriation is made for only
part of the amount necessary to carry out legislation authorizing that pur-
pose.
§ 3173. 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
enforcing 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 Govern-
ment owns or holds by deed or act of cession, and to all projects, buildings,
constructions, improvements, and property in the State and belonging to the
Government, 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, prem-
ises, projects, buildings, constructions, improvements, or property are lo-
cated.
(b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government
under this section does not relinquish its jurisdiction for any other purpose.
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(c) NONAPPLICATION.—This section does not modify or amend sub-
chapter I of chapter 81 of title 5.
§ 3174. 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
Administrator of General Services, or of any other federal agency for
which services are performed, at rates to be determined by the Admin-
istrator on the basis of estimated or actual charges for personal serv-
ices, material, equipment (including maintenance, repair, and deprecia-
tion on existing and new equipment) and other expenses, to ensure con-
tinuous operation.
(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 establishment of reserves for those purposes, shall be deposited in
the Treasury as miscellaneous receipts.
§ 3175. 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
department or agency concerned.
§ 3176. Transfer of administrative expenses into special ac-
count
In carrying out construction projects or planning programs assigned to
the Administrator of General Services for which amounts are provided by
direct appropriation or transferred under authority contained in chapter 33
of this title, an amount administratively determined as necessary to pay sal-
aries and expenses of personnel engaged in the preparation of plans and
specifications, field supervision, and general office expense may be trans-
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ferred and consolidated into a special account for direct expenditure in car-
rying out the work. The expenditures subsequently are to be allocated and
reported on by projects in accordance with procedures prescribed by the
Comptroller General.
§ 3177. Acceptance of gifts of property
The Administrator of General Services, and the United States Postal
Service where that office is concerned, may accept on behalf of the Federal
Government unconditional gifts of property in aid of any project or function
within their respective jurisdictions.
§ 3178. Administrator of General Services to furnish serv-
ices in continental United States to international
bodies
Sections 1535 and 1536 of title 31 are extended so that the Adminis-
trator of General Services, at the request of the Secretary of State, may
furnish services in the continental United States, on the basis of full reim-
bursement, to any international 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.
§ 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
similar actions necessary for the alteration of a public building;
and
(B) repairing, remodeling, improving, or extending, or other
changes in, a public building.
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(2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary plan-
ning, engineering, architectural, legal, fiscal, and economic investiga-
tions and studies, surveys, designs, plans, working drawings, specifica-
tions, procedures, and other similar actions necessary for the construc-
tion of a public building.
(3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means an ex-
ecutive 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 execu-
tive 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 Architect).
(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 a
federal agency or mixed-ownership Government corporation;
(B) includes—
(i) federal office buildings;
(ii) post offices;
(iii) customhouses;
(iv) courthouses;
(v) appraisers stores;
(vi) border inspection facilities;
(vii) warehouses;
(viii) record centers;
(ix) relocation facilities;
(x) telecommuting centers;
(xi) similar federal facilities; and
(xii) any other buildings or construction projects the inclu-
sion of which the President considers to be justified in the
public interest; but
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(C) does not include a building or construction project described
in subparagraphs (A) and (B)—
(i) that is on the public domain (including that reserved for
national forests and other purposes);
(ii) that is on property of the Government in foreign coun-
tries;
(iii) that is on Indian and native Eskimo property held in
trust by the Government;
(iv) that is on land used in connection with federal pro-
grams for agricultural, recreational, and conservation pur-
poses, including research in connection with the programs;
(v) that is on or used in connection with river, harbor,
flood control, reclamation or power projects, for chemical
manufacturing or development projects, or for nuclear pro-
duction, research, or development projects;
(vi) that is on or used in connection with housing and resi-
dential projects;
(vii) that is on military installations (including any fort,
camp, post, naval training station, airfield, proving ground,
military supply depot, military school, or any similar facility
of the Department of Defense);
(viii) that is on installations of the Department of Veterans
Affairs used for hospital or domiciliary purposes; or
(ix) the exclusion of which the President considers to be
justified in the public interest.
(6) UNITED STATES.—The term ‘‘United States’’ includes the States
of the United States, the District of Columbia, Puerto Rico, and the
territories and possessions of the United States.
(b) NONAPPLICATION.—This chapter does not apply to the construction
of any public building to which section 241(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 1930
(19 U.S.C. 68) applies.
§ 3302. Prohibition on construction of buildings except by
Administrator of General Services
Only the Administrator of General Services may construct a public build-
ing. The Administrator shall construct a public building in accordance with
this chapter.
§ 3303. Continuing investigation and survey of public build-
ings
(a) CONDUCTED
BY ADMINISTRATOR.—The Administrator of General
Services shall—
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(1) make a continuing investigation and survey of the public build-
ings needs of the Federal Government so that the Administrator may
carry out the duties of the Administrator under this chapter; and
(2) submit to Congress prospectuses of proposed projects in accord-
ance with section 3307(a) and (b) of this title.
(b) COOPERATION WITH FEDERAL AGENCIES.—
(1) DUTIES OF ADMINISTRATOR.—In carrying out the duties of the
Administrator under this chapter, the Administrator—
(A) shall cooperate with all federal agencies in order to keep in-
formed of their needs;
(B) shall advise each federal agency of the program with respect
to the agency; and
(C) may request the cooperation and assistance of each federal
agency in carrying out duties under this chapter.
(2) DUTY OF FEDERAL AGENCIES.—Each federal agency shall co-
operate with, advise, and assist the Administrator in carrying out the
duties of the Administrator under this chapter as determined necessary
by the Administrator to carry out the purposes of this chapter.
(c) REQUEST FOR IDENTIFICATION OF EXISTING BUILDINGS OF HISTOR-
ICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When the Adminis-
trator undertakes a survey of the public buildings needs of the Government
within a geographical area, the Administrator shall request that, within 60
days, the Advisory Council on Historic Preservation established by title II
of the National Historic Preservation Act (16 U.S.C. 470i et seq.) identify
any existing buildings in the geographical area that—
(1) are of historical, architectural, or cultural significance (as defined
in section 3306(a) of this title); and
(2) whether or not in need of repair, alteration, or addition, would
be suitable for acquisition to meet the public buildings needs of the
Government.
(d) STANDARD
FOR
CONSTRUCTION
AND
ACQUISITION
OF
PUBLIC
BUILDINGS.—In carrying out the duties of the Administrator under this
chapter, the Administrator shall provide for the construction and acquisition
of public buildings equitably throughout the United States with due regard
to the comparative urgency of the need for each particular building. In de-
veloping plans for new buildings, the Administrator shall give due consider-
ation to excellence of architecture and design.
§ 3304. Acquisition of buildings and sites
(a) IN GENERAL.—The Administrator of General Services may acquire
any building and its site which the Administrator decides is necessary to
carry out the duties of the Administrator under this chapter.
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(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
subsection (b), the Administrator, if the Administrator considers it nec-
essary, 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 constructed 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 Prop-
erty 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 Adminis-
trator 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 proposed public building. If the Administrator believes that it
is more advantageous to construct the public building on a different
site in the same city, the Administrator may exchange the building and
site, or the 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 Prop-
erty and Administrative 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.).
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(3) COMMITTEE APPROVAL REQUIRED.—This subsection does not
permit 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 BUILDING 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 author-
ized 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
during the prior calendar year, as determined by the composite
index of construction costs of the Department of Commerce. Any
adjustment shall be expeditiously reported to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representa-
tives.
(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
Government.
§ 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.
(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’’
includes the operations of libraries, schools, day care centers, labora-
tories, and lecture and demonstration facilities.
(4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—
The term ‘‘historical, architectural, or cultural significance’’ includes