H. R. 2068—95
§ 3176. Administrator of General Services to furnish services
in continental United States to international
bodies
Sections 1535 and 1536 of title 31 are extended so that the
Administrator of General Services, at the request of the Secretary
of State, may 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, fiscal, and economic investigations and studies, sur-
veys, 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
planning, engineering, architectural, legal, fiscal, and economic
investigations and studies, surveys, designs, plans, working
drawings, specifications, procedures, and other similar actions
necessary for the construction of a public building.
(3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means
an executive 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
executive 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).
H. R. 2068—96
(5) PUBLIC BUILDING.—The term ‘‘public building’’—
(A) means a building, whether for single or multitenant
occupancy, and its grounds, approaches, and appur-
tenances, which is generally suitable for use as office or
storage space or both by one or more federal agencies
or mixed-ownership Government corporations;
(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
inclusion of which the President considers to be justi-
fied 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
countries;
(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
programs for agricultural, recreational, and conserva-
tion purposes, 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 chem-
ical manufacturing or development projects, or for
nuclear production, research, or development projects;
(vi) that is on or used in connection with housing
and residential 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 pur-
poses; 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 Nationality Act (8 U.S.C. 1231(g)) or section 1
of the Act of June 26, 1930 (19 U.S.C. 68) applies.
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§ 3302. Prohibition on construction of buildings except by
Administrator of General Services
Only the Administrator of General Services may construct a
public building. The Administrator shall construct a public building
in accordance with this chapter.
§ 3303. Continuing 
investigation 
and 
survey 
of 
public
buildings
(a) CONDUCTED BY ADMINISTRATOR.—The Administrator of Gen-
eral Services shall—
(1) make a continuing investigation and survey of the public
buildings needs of the Federal Government so that the Adminis-
trator may carry out the duties of the Administrator under
this chapter; and
(2) submit to Congress prospectuses of proposed projects in
accordance 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 informed 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
cooperate with, advise, and assist the Administrator in carrying
out the duties of the Administrator under this chapter as deter-
mined necessary by the Administrator to carry out the purposes
of this chapter.
(c) REQUEST
FOR IDENTIFICATION
OF EXISTING BUILDINGS
OF
HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When
the Administrator 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 developing plans for new buildings,
the Administrator shall give due consideration 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 other-
wise, any building and its site which the Administrator decides
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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 Administrator 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 Administrator 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 necessary, 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 advantageous to the Government, all factors considered;
and
(2) acquire the site without regard to title III of the Federal
Property 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
Administrator 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 Property 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 suitable for that purpose, the Administrator
may exchange the site for another site, or may sell it in accord-
ance 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 accord-
ance with section 3307 of this title.
(b) ALTERATION OF BUILDINGS.—