Public Buildings Amendments of 1988
PL 100-678 (S.2186), enacted 11/17/1988

40 use 601 note. 
PUBLIC LAW 100-678—NOV. 17, 1988 
102 STAT. 4049 
Public Law 100-678 
100th Congress 
An Act 
To improve the efficiency and effectiveness of management of public buildings. 
Nov. 17, 1988 
[S. 2186] 
Be it emicted by the Senate and House of Representatives of the 
United States of America in Ck)ngress assembled, 
Public Buildings 
Amendments 
SECTION 1. SHORT TITLE. 
of 1988. 
This Act may be cited as the "Public Buildings Amendments of 
1988". 
SEC. 2. INCREASED THRESHOLD FOR APPROVAL PROCESS. 
Sections 4(b) and 7(a) of the Public Buildings Act of 1959 (40 U.S.C. 
603(b) and 606(a)) are amended by striking out "$500,000" each place 
it appears and inserting in lieu thereof "$1,500,000". 
SEC. 3. LIMITATIONS ON LEASING AUTHORITY. 
(a) LIMITATION ON APPROPRIATIONS FOR LEASING CERTAIN SPACE.— 
Section 7(a) of the Public Buildings Act of 1959 (40 U.S.C. 606(a)) is 
amended by inserting after the second sentence the following new 
sentence: "No appropriation shall be made to alter any building, or 
part thereof, which is under lease by the United States for use for a 
public purpose if the cost of such alteration would exceed $750,000 
unless such alteration has been approved by resolutions adopted by 
the Committee on Environment and Public Works of the Senate and 
the Committee on Public Works and Transportation of the House of 
Representatives.". 
O
b
) LIMITATION ON LEASING CERTAIN SPACE.—Section 7 of such Act 
(40 U.S.C. 606) is amended by adding at the end thereof the following 
new subsection: 
"(e) LIMITATION ON LEASING CERTAIN SPACE.— 
"(1) GENERAL RULE.—The Administrator may not lease any 
space to accommodate— 
"(A) computer and telecommunications operations; 
"(B) secure or sensitive activities related to the national 
defense or security, except in any case in which it would be 
inappropriate to locate such activities in a public building 
or other facility identified with the United States Govern-
ment; or 
"(C) a permanent courtroom, judicial chamber, or 
administrative office for any United States court; 
if the average rental cost of leasing such space would exceed 
$1,500,000. 
"(2) EXCEPTION.—The Administrator may lease any space 
with respect to which paragraph (1) applies if the Administrator 
first determines, for reasons set forth in writing, that leasing 
such space is necessary to meet requirements which cannot be 
met in public buildings and submits such reasons to the 
Committee on Environment and Public Works of the Senate 
and the Committee on Public Works and Transportation of the 
House of Representatives.". 
102 STAT. 4050 
PUBLIC LAW 100-678—NOV. 17, 1988 
SEC. 4. DOLLAR AMOUNT ADJUSTMENT. 
Section 7 of the Public Buildings Act of 1959 (40 U.S.C. 606) is 
further amended by adding at the end the following new subsection: 
"(f) DOLLAR AMOUNT ADJUSTMENT.—Any dollar amount referred 
to in this section and section 4(b) of this Act may be adjusted by the 
Administrator annually to reflect a percentage increeise or decrease 
in construction costs during the preceding calendar year, as deter-
mined by the composite index of construction costs of the Depart-
ment of Commerce. Any such adjustment shall be expeditiously 
reported to the Committee on Environment and Public Works of the 
Senate and the Committee on Public Works and Transportation of 
the House of Representatives.". 
SEC. 5. STATE ADMINISTRATION; SPECIAL RULES FOR LEASED BUILD-
INGS. 
The Public Buildings Act of 1959 (40 U.S.C. 601-616) is amended 
by adding at the end thereof the following new sections: 
40 use 617. 
"SEC. 19. STATE ADMINISTRATION OF CRIMINAL AND HEALTH AND 
SAFETY LAWS. 
Public lands. 
"Notwithstanding any other provision of law, the Administrator 
may, whenever the Administrator considers it desirable, assign to a 
State, or to a commonwealth, territory, or possession of the United 
States, all or part of the authority of the United States to administer 
criminal laws and health and safety laws with respect to lands or 
interests in lands under the control of the Administrator located in 
such State, commonwealth, territory, or possession. Assignment of 
authority under this section may be accomplished by filing with the 
chief executive officer of such State, commonwealth, territory, or 
possession a notice of assignment to take effect upon acceptance 
thereof, or in such other manner as may be prescribed by the laws of 
the State, commonwealth, territory, or possession in which such 
lands or interests in lands are located. 
40 use 618. 
"SEC. 20. SPECIAL RULES FOR LEASED BUILDINGS. 
"(a) SPECIFICATIONS.—Notwithstanding the provisions of section 
210(h)(1) of the Federal Property and Administrative Services Act of 
1949, the Administrator shall not make any agreement or undertake 
any commitment which will result in the construction of any build-
ing which is to be constructed for lease to, and for predominant use 
by, the United States until the Administrator has established de-
tailed specification requirements for such building. 
"(b) COMPETITIVE PROCEDURES.—The Administrator may acquire a 
leasehold interest in any building which is constructed for lease to, 
and for predominant use by, the United States only by the use of 
competitive procedures required by section 303 of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 253). 
(c) INSPECTIONS.—The Administrator shall inspect every building 
to be constructed for lease to, and for predominant use by, the 
United States during the construction of such building in order to 
determine that the specifications established for such building are 
complied with. 
"(d) ENFORCEMENT.— 
"(1) POST-CONSTRUCTION EVALUATION.—Upon completion of a 
building constructed for lease to, and for predominant use by, 
the United States, the Administrator shall evaluate such build-
PUBLIC LAW 100-678—NOV. 17, 1988 
102 STAT. 4051 
ing for the purpose of determining the extent, if any, of failure 
to comply with the specifications referred to in subsection (a). 
"(2) CONTRACT CLAUSE.—The Administrator shall ensure that 
any contract entered into for a building described in paragraph 
(1) shall contain provisions permitting a reduction of rent 
during any period when such building is not in compliance with 
such specifications.". 
SEC. 6. COMPLIANCE WITH NATIONALLY RECOGNIZED CODES. 
(a) IN GENERAL.—The Public Buildings Act of 1959 (40 U.S.C. 601-
616) is further amended by adding at the end the following new 
section: 
"SEC. 21. COMPLIANCE WITH NATIONALLY RECOGNIZED CODES. 
Safety. 
"(a) BUILDING CODES.—Each building constructed or altered by the 
General Services Administration or any other Federal agency shall 
be constructed or altered, to the maximum extent feasible as deter-
mined by the Administrator or the head of such Federal agency, in 
compliance with one of the nationally recognized model building 
codes and with other applicable nationally recognized codes. Such 
other codes shall include, but not be limited to, electrical codes, fire 
and life safety codes, and plumbing codes, as determined appro-
priate by the Administrator. In carrying out this subsection, the 
Administrator or the head of the Federal agency authorized to 
construct or alter the building shall use the latest edition of the 
nation£illy recognized codes referred to in this subsection. 
"(b) ZONING LAWS.—Each building constructed or altered by the 
State and local 
General Services Administration or any other Federal agency shall 
governments. 
be constructed or altered only after consideration of all require-
ments (other than procedural requirements) of— 
"(1) zoning laws, and 
"(2) laws relating to landscaping, open space, minimum dis-
tance of a building from the property line, maximum height of a 
building, historic preservation, and esthetic qualities of a build-
ing, and other similar laws, 
of a State or a political subdivision of a State which would apply to 
the building if it were not a building constructed or altered by a 
Federal agency. 
"(c) SPECIAL RULES.— 
"(1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, 
AND INSPECTIONS.—For purposes of meeting the requirements of 
subsections (a) and (b) with respect to a building, the Adminis-
trator or the head of the Federal agency authorized to construct 
or alter the building shall— 
"(A) in preparing plans for the building, consult with 
appropriate officials of the State or political subdivision, or 
both, in which the building will be located; 
"(B) upon request, submit such plans in a timely manner 
to such officials for review by such officials for a reasonable 
period of time not exceeding 30 days; and 
"(C) permit inspection by such officials during construc-
tion or alteration of the building, in accordance with the 
customary schedule of inspections for construction or alter-
ation of buildings in the locality, if such officials provide to 
the Administrator or the head of the Federal agency, as the 
case may be— 
102 STAT. 4052 
PUBLIC LAW 100-678—NOV. 17, 1988 
"(i) a copy of such schedule before construction of the 
building is begun; and 
"(ii) reasonable notice of their intention to conduct 
any inspection before conducting such inspection. 
"(2) LIMITATION ON STATE RESPONSIBIUTIES.—Nothing in this 
section shall impose an obligation on any State or political 
subdivision to take any action under paragraph (1). 
"(d) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appro-
priate officials of a State or a political subdivision of a State may 
make recommendations to the Administrator or the head of the 
Federal agency authorized to construct or alter a building concern-
ing measures necessary to meet the requirements of subsections (a) 
and (b). Such officials may also make recommendations to the 
Administrator or the head of the Federal agency concerning meas-
ures which should be taken in the construction or alteration of the 
building to take into account local conditions. The Administrator or 
the head of the Federal agency shall give due consideration to any 
such recommendations. 
"(e) EFFECT OF NONCOMPUANCE.—No action may be brought 
against the United States and no fine or penalty may be imposed 
against the United States for failure to meet the requirements of 
subsection (a), (b), or (c) of this section or for failure to carry out any 
recommendation under subsection (d). 
"(f) LIMITATION ON LIABILITY.—The United States and its contrac-
tors shall not be required to pay any amount for any action taken by 
a State or a political subdivision of a State to carry out this section 
(including reviewing plans, carrsdng out on-site inspections, issuing 
building permits, and making recommendations). 
"(g) APPUCABIUTY TO CERTAIN BUILDINGS.—This section applies to 
any project for construction or alteration of a building for which 
funds are first appropriated for a fiscal year beginning after Septem-
ber 30,1989. 
"(h) NATIONAL SECURITY WAIVER.—This section shall not apply 
with respect to any building if the Administrator or the head of the 
Federal agency authorized to construct or alter the building deter-
mines that the application of this section to the building would 
adversely affect national security. A determination under this 
subsection shall not be subject to administrative or judicial review.". 
40 use 619 note. 
(b) NOTIFICATION OF FEDERAL AGENCIES.—Not later than 180 days 
after the date of the enactment of this section, the Administrator of 
General Services shall notify the heads of all Federal agencies of the 
requirements of section 21 of the Public Buildings Act of 1959. 
SEC. 7. LIMITATION ON MAXIMUM RENTAL RATE. 
Section 322 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 
278a), is repealed. 
SEC. 8. PROTECTION OF FEDERAL PROPERTY. 
(a) REFERENCE TO GSA.—The Act of June 1, 1948 (62 Stat. 281; 40 
U.S.C. 318-318d) is amended— 
(1) by striking out "Federal Works Agency" each place it 
appears and inserting in lieu thereof "General Services 
Administration"; and 
(2) by striking out "Federal Works Administrator" each place 
it appears and inserting in lieu thereof "Administrator of Gen-
eral Services". 
PUBLIC LAW 100-678—NOV. 17, 1988 
102 STAT. 4053 
(b) INCLUSION OF LEASED PROPERTY.—The first section of such Act 
(40 U.S.C. 318) is amended to read as follows: 
"SECTION 1. SPECIAL POLICE. 
"(a) APPOINTMENT.—The Administrator of General Services, or 
officials of the General Services Administration duly authorized by 
the Administrator, may appoint uniformed guards of such Adminis-
tration as special policemen without additional compensation for 
duty in connection with the policing of all buildings and areas 
owned or occupied by the United States and under the charge and 
control of the Administrator. 
"(h) POWERS.—Special policemen appointed under this section 
shall have the same powers as sheriffs and constables upon property 
referred to in subsection (a) to enforce the laws enacted for the 
protection of persons and property, and to prevent breaches of the 
peace, to suppress affrays or unlawful assemblies, and to enforce 
any rules and regulations promulgated by the Administrator of 
General Services or such duly authorized officials of the General 
Services Administration for the property under their jurisdiction; 
except that the jurisdiction and policing powers of such special 
policemen shall not extend to the service of civil process.". 
(c) CONFORMING AMENDMENTS.— 
(1) SECTION 2.—Section 2 of such Act (40 U.S.C. 318a) is 
amended by striking out "Federal property" each place it 
appears and inserting in lieu thereof "property". 
(2) SECTION 3.—Section 3 of such Act (40 U.S.C. 318b) is 
amended by striking out "and over which the United States has 
acquired exclusive or concurrent criminal jurisdiction". 
SEC. 9. CERTAIN OTHER AUTHORITIES. 
40 USC 601 note. 
Nothing in this Act (including any amendment made by this Act) 
shall be construed to affect the authorities granted in sections 5, 6, 
and 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f, 
403g, and 403j). 
SEC. 10. TECHNICAL AMENDMENT. 
The Act entitled "An Act to designate the United States Post 
Office and Courthouse in Pendleton, Oregon, as the 'John F. Kil-
kenny United States Post Office and Courthouse'", approved Octo-
ber 17, 1984 (Public Law 98-492; 98 Stat. 2271), is amended by 
striking out "Dorian" and inserting in lieu thereof "Dorion". 
SEC. H. NAMINGS. 
(a) LAWTON CHILES, JR. FEDERAL BUILDING, LAKELAND, FLORIDA.— 
(1) DESIGNATION.—The Federal Building to be constructed in 
Lakeland, Florida, that will replace the existing Federal Build-
ing in Lakeland, Florida, shall be known and designated as the 
"Lawton Chiles, Jr. Federal Building". 
(2) LEGAL REFERENCES.—Any reference in any law, regulation, 
document, record, map, or other paper of the United States to 
the building designated by paragraph (1) is deemed to be a 
reference to the "Lawton Chiles, Jr. Federal Building". 
(3) EFFECTIVE DATE.—This subsection shall take effect on 
whichever of the following occurs later: 
(A) The date of the enactment of this Act. 
(B) January 3,1989. 
0^) ROBERT A. YOUNG FEDERAL BUILDING, ST. LOUIS, MISSOURI.— 
102 STAT. 4054 
PUBLIC LAW 100-678—NOV. 17, 1988 
(1) DESIGNATION.—The Federal building located at 405 South 
Tucker Boulevard, St. Louis, Missouri, shall be known and 
designated as the "Robert A. Young Federal Building". 
(2) LEGAL REFERENCES.—Any reference in a law, map, regula-
tion, document, record, or other paper of the United States to 
the Federal building referred to in paragraph (1) shall be 
deemed to be a reference to the "Robert A. Young Federal 
Building". 
Approved November 17, 1988. 
LEGISLATIVE HISTORY—S. 2186 (H.R. 2790): 
HOUSE REPORTS: No. 100-474, Pt. 1, accompanying H.R. 2790 (Ck)mm. on Public 
Works and Transportation). 
SENATE REPORTS: No. 100-322 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD" 
Vol. 133 (1987): Dec. 14, H.R. 2790 considered and passed House. 
Vol. 134 (1988): May 18, S. 2186 considered and passed Senate. 
Oct. 19, considered and passed House, amended. 
Oct. 21, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTL\.L DOCUMENTS, Vol. 24 (1988): 
Nov. 17, Presidential statement.