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furnish services in the continental United States, on a reimbursable basis,
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.
(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
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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 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;
(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
(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;
117
(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—
(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
118
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,
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
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
119
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.).
(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 BUILDINGS AND ACQUIRE LAND.—The
Administrator 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.
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(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
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—
121
(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.
§ 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)
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.
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(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
(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.
123
(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.
(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, by
contract or otherwise, 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 ar-
chitectural or engineering corporations, firms, or individuals, to the extent
the Administrator may require those services for any public building author-
ized to be constructed or altered under this chapter.