H. R. 2068—99
(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 acquisi-
tion authorized by this subsection for which the estimated
maximum cost does not exceed $1,500,000.
(B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator
annually 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 Com-
mittee on Transportation and Infrastructure of the House
of Representatives.
(c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Adminis-
trator 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 activi-
ties’’ includes the operations of restaurants, food stores, craft
stores, dry goods stores, financial institutions, and display facili-
ties.
(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 activi-
ties’’ includes the operations of libraries, schools, day care cen-
ters, laboratories, and lecture and demonstration facilities.
(4) HISTORICAL, 
ARCHITECTURAL, 
OR
CULTURAL
SIGNIFI-
CANCE.—The term ‘‘historical, architectural, or cultural signifi-
cance’’ includes buildings 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 activi-
ties’’ includes the operations of gymnasiums and related facili-
ties.
(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
Administrator 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—
H. R. 2068—100
(1) acquire and utilize space in suitable buildings of historical,
architectural, 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, edu-
cational, 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 pedestrian 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 commercial, cultural,
educational, and recreational resources in the neighborhood
of public buildings; and
(4) encourage the public use of public buildings for cultural,
educational, 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 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 Com-
mittee 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 urgency 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.
(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 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;
H. R. 2068—101
(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 Govern-
ment officers 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 Govern-
ment-owned or occupied buildings, especially 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 acquisition of any building, a statement by the Administrator
that suitable 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 justifications 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 max-
imum cost of any project approved under this section as set forth
in any prospectus 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 Public Works of the Senate or the Committee
on Transportation and Infrastructure of the House of Representa-
tives 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 emer-
gency 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 accommodate 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.
H. R. 2068—102
(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 Environ-
ment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives.
(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 Department of Commerce. Any adjustment
shall be expeditiously reported to the Committee on Environment
and Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives.
§ 3308. Architectural or engineering services
(a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator
of General 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 architectural or engineering
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 cor-
poration, 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 construction authorized by this chapter, including the
interpretation of construction contracts, approval of material and
workmanship supplied under a construction 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 become 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