-CITE-

40 USC CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND

ALTERATION 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-MISC1-

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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 5817.

-End-

-CITE-

40 USC Sec. 3301 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3301. Definitions and nonapplication

-STATUTE-

(a) Definitions. - In this chapter -

(1) Alter. - The term "alter" includes -

(A) 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 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).

(5) Public building. - The term "public building" -

(A) means a building, whether for single or multitenant

occupancy, 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 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 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

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 conservation

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 chemical

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 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 Nationality Act (8 U.S.C. 1231(g)) or section 1 of

the Act of June 26, 1930 (19 U.S.C. 68) applies.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1156.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3301(a)(1) 40:612(2), (5), (6). Pub. L. 86-249, Sec. 13,

Sept. 9, 1959, 73 Stat. 482;

Pub. L. 90-448, title VIII,

Sec. 807(f), Aug. 1, 1968,

82 Stat. 544; Pub. L.

101-73, title VII, Sec.

744(g), Aug. 9, 1989, 103

Stat. 438; Pub. L. 102-54,

Sec. 13(o), June 13, 1991,

105 Stat. 278; Pub. L.

104-208, div. A, title I,

Sec. 101(f) [title IV, Sec.

407(b)], Sept. 30, 1996, 110

Stat. 3009-338.

40:612a(1). Pub. L. 94-541, title I,

Sec. 105(1), (2), Oct. 18,

1976, 90 Stat. 2507.

3301(a)(2) 40:612(6).

3301(a)(3) 40:612(4).

3301(a)(4) 40:612(3).

40:612a(2).

3301(a)(5) 40:612(1).

40:612a(2).

3301(a)(6) 40:612(7).

3301(b) 40:613. Pub. L. 86-249, Sec. 14,

Sept. 9, 1959, 73 Stat. 483.

--------------------------------------------------------------------

In subsection (a), the text of 40:612(2) and 612a(1) is omitted

because the complete name of the Administrator of General Services

is used the first time the term appears in a section. In clause

(5)(A), the words "mixed-ownership Government corporation" are

substituted for "mixed ownership corporation" for consistency with

31:9101. In clause (5)(B) and (C), the words "from time to time

hereafter" are omitted as unnecessary. In clause (6), the words

"territories and" are added for consistency in the revised title

and with other titles of the United States Code.

In subsection (b), the text of 40:613(1)-(3) is omitted as

obsolete. The reference is to section 241(g) of the Immigration and

Nationality Act rather than to section 242(c) to reflect the

amendment of sections 241 and 242 by sections 305(a)(3) and

306(a)(2) of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (Public Law 104-208, div. C, 110 Stat.

3009-598, 3009-607).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 586 of this title; title

15 section 205c; title 16 section 450ss-6; title 42 section 8287c;

title 49 section 40110.

-End-

-CITE-

40 USC Sec. 3302 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3302. Prohibition on construction of buildings except by

Administrator of General Services

-STATUTE-

Only the Administrator of General Services may construct a public

building. The Administrator shall construct a public building in

accordance with this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3302 40:601. Pub. L. 86-249, Sec. 2,

Sept. 9, 1959, 73 Stat. 479.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3303 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3303. Continuing investigation and survey of public buildings

-STATUTE-

(a) Conducted by Administrator. - The Administrator of General

Services shall -

(1) make a continuing investigation and survey of the public

buildings 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

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

determined 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3303(a) 40:611(a). Pub. L. 86-249, Sec. 12(a),

(b), (d), Sept. 9, 1959, 73

Stat. 482; Pub. L. 92-313,

Sec. 2(2), (3), June 16,

1972, 86 Stat. 216; Pub. L.

94-541, title I, Sec.

103(3), Oct. 18, 1976, 90

Stat. 2506.

3303(b) 40:611(b).

3303(c) 40:611(c). Pub. L. 86-249, Sec. 12(c),

as added Pub. L. 94-541,

title I, Sec. 103(3), Oct.

18, 1976, 90 Stat. 2506.

3303(d) 40:611(d).

--------------------------------------------------------------------

In subsection (c)(1), the word "historical" is substituted for

"historic" to conform to the defined term.

In subsection (c)(2), the word "purchase" is omitted as being

included in ["]'acquisition".

-REFTEXT-

REFERENCES IN TEXT

The National Historic Preservation Act, referred to in subsec.

(c), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended.

Title II of the Act is classified generally to sections 470i to

470v of Title 16, Conservation. For complete classification of this

Act to the Code, see section 470 of Title 16 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3306, 3307 of this title;

title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3304 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3304. Acquisition of buildings and sites

-STATUTE-

(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

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.).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3304(a) 40:602. Pub. L. 86-249, Secs. 3, 5,

Sept. 9, 1959, 73 Stat. 479.

3304(b) 40:604(a).

3304(c) 40:604(b).

3304(d) 40:604(c).

--------------------------------------------------------------------

In subsections (c) and (d), the words "United States Postal

Service" are substituted for "Postmaster General" in subsections

(b) and (c) of section 5 of the Public Buildings Act of 1959

(Public Law 86-249, 73 Stat. 479) because of section 4(a) of the

Postal Reorganization Act (Public Law 91-375, 84 Stat. 773).

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (d)(2), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified generally

to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3305 of this title; title

16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3305 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3305. Construction and alteration of buildings

-STATUTE-

(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 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

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 Committee on

Transportation and Infrastructure of the House of

Representatives.

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1159.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3305(a) 40:605. Pub. L. 86-249, Secs. 6, 9,

Sept. 9, 1959, 73 Stat. 479,

481.

3305(b)(1) 40:603(a). Pub. L. 86-249, Sec. 4,

Sept. 9, 1959, 73 Stat. 479;

Pub. L. 92-313, Sec. 2(1),

June 16, 1972, 86 Stat. 216;

Pub. L. 100-678, Sec. 2,

Nov. 17, 1988, 102 Stat.

4049.

3305(b)(2)( 40:603(b).

A)

3305(b)(2)( 40:606(f) (related Pub. L. 86-249, Sec. 7(f)

B) to 40:603(b)). (related to Sec. 4(b)),

Sept. 9, 1959, as added Pub.

L. 100-678, Sec. 4, Nov. 17,

1988, 102 Stat. 4050.

3305(c) 40:608.

--------------------------------------------------------------------

In subsection (a)(1) and (2), the words "and title III of the

Federal Property and Administrative Services Act of 1949 (41 U.S.C.

251 et seq.)" are added to provide an accurate literal translation

of the words "this Act", meaning the Federal Property and

Administrative Services Act of 1949. See the revision note under

section 111 of this title.

In subsection (b)(2)(B), the words "Transportation and

Infrastructure" are substituted for "Public Works and

Transportation" in section 7(f) of the Public Buildings Act of 1959

(Public Law 86-249, 73 Stat. 480) because of section 1(a)(9) of the

Act of June 3, 1995 (Public Law 104-14, 2:21 note prec.).

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (a)(1) and (2), is act June 30, 1949, ch.

288, 63 Stat. 377, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts. For complete classification of this Act to

the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3307, 3313 of this title;

title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3306 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3306. Accommodating federal agencies

-STATUTE-

(a) Definitions. - In this section -

(1) Commercial activities. - The term "commercial activities"

includes 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, laboratories, 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 established 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

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 -

(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,

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 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1160.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3306(a)(1) 40:612a(5). Pub. L. 94-541, title I,

Secs. 102, 105(3)-(8), Oct.

18, 1976, 90 Stat. 2505,

2507.

3306(a)(2) 40:612a(6).

3306(a)(3) 40:612a(7).

3306(a)(4) 40:612a(4).

3306(a)(5) 40:612a(8).

3306(a)(6) 40:612a(3).

3306(b) 40:601a(a).

3306(c) 40:601a(b).

--------------------------------------------------------------------

In subsection (b)(1), the word "historical" is substituted for

"historic" to conform to the defined term.

In subsection (c)(1), the words "chief executive officers of the

States" are substituted for "Governors" for clarity and for

consistency in the revised title and with other titles of the

United States Code. The words "section 6506 of title 31" are

substituted for "title IV of the Intergovernmental Cooperation Act

of 1968" in section 102(b) of the Public Buildings Cooperative Use

Act of 1976 (Public Law 94-541, 90 Stat. 2505) because of section

4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat.

1067), the first section of which enacted Title 31, United States

Code.

-REFTEXT-

REFERENCES IN TEXT

The Demonstration Cities and Metropolitan Development Act of

1966, referred to in subsec. (c)(1), is Pub. L. 89-754, Nov. 3,

1966, 80 Stat. 1255, as amended. Title II of the Act is classified

generally to subchapter II (Sec. 3331 et seq.) of chapter 41 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 3331 of Title 42 and Tables.

-EXEC-

EX. ORD. NO. 13006. LOCATING FEDERAL FACILITIES ON HISTORIC

PROPERTIES IN OUR NATION'S CENTRAL CITIES

Ex. Ord. No. 13006, May 21, 1996, 61 F.R. 26071, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Historic Preservation Act (16 U.S.C. 470 et seq.) and the

Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [title

I of Pub. L. 94-541, see Tables for classification], and in

furtherance of and consistent with Executive Order No. 12072 of

August 16, 1978 [40 U.S.C. 121 note], and Executive Order No. 11593

of May 13, 1971 [16 U.S.C. 470 note], it is hereby ordered as

follows:

Section 1. Statement of Policy. Through the Administration's

community empowerment initiatives, the Federal Government has

undertaken various efforts to revitalize our central cities, which

have historically served as the centers for growth and commerce in

our metropolitan areas. Accordingly, the Administration hereby

reaffirms the commitment set forth in Executive Order No. 12072 to

strengthen our Nation's cities by encouraging the location of

Federal facilities in our central cities. The Administration also

reaffirms the commitments set forth in the National Historic

Preservation Act to provide leadership in the preservation of

historic resources, and in the Public Buildings Cooperative Use Act

of 1976 to acquire and utilize space in suitable buildings of

historic, architectural, or cultural significance.

To this end, the Federal Government shall utilize and maintain,

wherever operationally appropriate and economically prudent,

historic properties and districts, especially those located in our

central business areas. When implementing these policies, the

Federal Government shall institute practices and procedures that

are sensible, understandable, and compatible with current authority

and that impose the least burden on, and provide the maximum

benefit to, society.

Sec. 2. Encouraging the Location of Federal Facilities on

Historic Properties in Our Central Cities. When operationally

appropriate and economically prudent, and subject to the

requirements of section 601 of title VI of the Rural Development

Act of 1972, as amended (42 U.S.C. 3122) [now 7 U.S.C. 2204b-1],

and Executive Order No. 12072, when locating Federal facilities,

Federal agencies shall give first consideration to historic

properties within historic districts. If no such property is

suitable, then Federal agencies shall consider other developed or

undeveloped sites within historic districts. Federal agencies shall

then consider historic properties outside of historic districts, if

no suitable site within a district exists. Any rehabilitation or

construction that is undertaken pursuant to this order must be

architecturally compatible with the character of the surrounding

historic district or properties.

Sec. 3. Identifying and Removing Regulatory Barriers. Federal

agencies with responsibilities for leasing, acquiring, locating,

maintaining, or managing Federal facilities or with

responsibilities for the planning for, or managing of, historic

resources shall take steps to reform, streamline, and otherwise

minimize regulations, policies, and procedures that impede the

Federal Government's ability to establish or maintain a presence in

historic districts or to acquire historic properties to satisfy

Federal space needs, unless such regulations, policies, and

procedures are designed to protect human health and safety or the

environment. Federal agencies are encouraged to seek the assistance

of the Advisory Council on Historic Preservation when taking these

steps.

Sec. 4. Improving Preservation Partnerships. In carrying out the

authorities of the National Historic Preservation Act, the

Secretary of the Interior, the Advisory Council on Historic

Preservation, and each Federal agency shall seek appropriate

partnerships with States, local governments, Indian tribes, and

appropriate private organizations with the goal of enhancing

participation of these parties in the National Historic

Preservation Program. Such partnerships should embody the

principles of administrative flexibility, reduced paperwork, and

increased service to the public.

Sec. 5. Judicial Review. This order is not intended to create,

nor does it create, any right or benefit, substantive or

procedural, enforceable at law by a party against the United

States, its agencies or instrumentalities, its officers or

employees, or any other person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 581, 3303 of this title;

title 31 section 782.

-End-

-CITE-

40 USC Sec. 3307 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3307. Congressional approval of proposed projects

-STATUTE-

(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 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;

(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 Government

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 Government-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 maximum

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

Representatives 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 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

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.

(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 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 Representatives.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1161.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3307(a) 40:606(a) (1st-3d Pub. L. 86-249, Sec.

sentences). 7(a)-(d), Sept. 9, 1959, 73

Stat. 480; Pub. L. 92-313,

Sec. 2(4), June 16, 1972, 86

Stat. 217; Pub. L. 94-541,

title I, Sec. 103(1), (2),

Oct. 18, 1976, 90 Stat.

2505; Pub. L. 100-678, Secs.

2, 3(a), Nov. 17, 1988, 102

Stat. 4049; Pub. L. 103-437,

Sec. 14(b)(1), Nov. 2, 1994,

108 Stat. 4590.

3307(b) 40:606(a) (last

sentence).

3307(c) 40:606(b).

3307(d) 40:606(c).

3307(e) 40:606(d).

3307(f) 40:606(e). Pub. L. 86-249, Sec. 7(e),

as added Pub. L. 100-678,

Sec. 3(b), Nov. 17, 1988,

102 Stat. 4049.

3307(g) 40:606(f) (related Pub. L. 86-249, Sec. 7(f)

to this section). (related to this section),

Sept. 9, 1959, as added Pub.

L. 100-678, Sec. 4, Nov. 17,

1988, 102 Stat. 4050.

--------------------------------------------------------------------

In this section, the words "Transportation and Infrastructure"

are substituted for "Public Works and Transportation" in section 7

of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat.

480) because of section 1(a)(9) of the Act of June 3, 1995 (Public

Law 104-14, 2:21 note prec.). The word "purchase" is omitted as

being included in "acquire".

In subsection (c), the words "if any" and "as the case may be"

are omitted as unnecessary.

In subsection (d), the words "at any time thereafter" are omitted

as unnecessary.

In subsection (f)(2)(A), the word "first" is omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3303, 3305, 3306, 3314 of

this title; title 16 section 450ss-6; title 31 section 781; title

42 section 8287c.

-End-

-CITE-

40 USC Sec. 3308 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3308. Architectural or engineering services

-STATUTE-

(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 corporation,

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1163.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3308(a) 40:609(a). Pub. L. 86-249, Sec. 10,

Sept. 9, 1959, 73 Stat. 481.

3308(b) 40:609(b).

3308(c) 40:609(c).

--------------------------------------------------------------------

In subsection (a), the words "chapters 33 and 51 and subchapter

III of chapter 53 of title 5" are substituted for "the

Classification Act of 1949, as amended" and the reference to civil

service laws in section 10(a) of the Public Buildings Act of 1959

(Public Law 86-249, 73 Stat. 481) because of section 7(b) of the

Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the

first section of which enacted Title 31, United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3309 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3309. Buildings and sites in the District of Columbia

-STATUTE-

(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 Administrator

must consult with the House Office Building Commission created by

the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before the

Administrator may acquire land located south of Independence

Avenue, between Third Street SW and Eleventh Street SE, in the

District of Columbia, for use as a site or an addition to a site.

(2) With architect of capitol. - The Administrator must consult

with the Architect of the Capitol before the Administrator may

acquire land located in the area extending from the United States

Capitol Grounds to Eleventh Street NE and SE and bounded by

Independence Avenue on the south and G Street NE on the north, in

the District of Columbia, for use as a site or an addition to a

site.

(d) Contracts for Events in Stadium. - Notwithstanding the

District of Columbia Stadium Act of 1957 (Public Law 85-300, 71

Stat. 619) or any other provision of law, the Armory Board may make

contracts to conduct events in Robert F. Kennedy Stadium.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1163.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3309(a) 40:607(a). Pub. L. 86-249, Sec. 8(a),

(b), Sept. 9, 1959, 73 Stat.

481; Pub. L. 87-476, Secs.

1, 2, June 8, 1962, 76 Stat.

92.

3309(b) 40:607(b).

3309(c) 40:607(c). Pub. L. 86-249, Sec. 8(c),

Sept. 9, 1959, as added Pub.

L. 87-476, Sec. 3, June 8,

1962, 76 Stat. 92.

3309(d) 40:607(d). Pub. L. 86-249, Sec. 8(d),

Sept. 9, 1959, as added Pub.

L. 93-72, July 10, 1973, 87

Stat. 169.

--------------------------------------------------------------------

In subsection (b), the words "Council of the District of

Columbia" are substituted for "Board of Commissioners of the

District of Columbia" [subsequently changed to "District of

Columbia Council" because of section 402(431) of Reorganization

Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] in section

8(b) of the Public Buildings Act of 1959 (Public Law 86-249, 73

Stat. 481) because of sections 401 and 404(a) of the District of

Columbia Home Rule Act (Public Law 93-198, 87 Stat. 785, 787).

Subsection (d) is substituted for 40:607(d) to eliminate obsolete

words.

-REFTEXT-

REFERENCES IN TEXT

The Act of March 4, 1907, referred to in subsec. (c)(1), is act

Mar. 4, 1907, ch. 2918, 34 Stat. 1365, as amended, which is

classified to section 2001 of Title 2, The Congress.

The District of Columbia Stadium Act of 1957, referred to in

subsec. (d), is Pub. L. 85-300, Sept. 7, 1957, 71 Stat. 619, as

amended, which is not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3310 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3310. Special rules for leased buildings

-STATUTE-

For any building to be constructed for lease to, and for

predominant use by, the Federal Government, the Administrator of

General Services -

(1) notwithstanding section 585(a)(1) of this title, shall not

make any agreement or undertake any commitment which will result

in the construction of the building until the Administrator has

established detailed specification requirements for the building;

(2) may acquire a leasehold interest in the building only by

the use of competitive procedures required by section 303 of the

Federal Property and Administrative Services Act of 1949 (41

U.S.C. 253);

(3) shall inspect every building during construction to

establish that the specifications established for the building

are complied with;

(4) on completion of the building, shall evaluate the building

to determine the extent of failure to comply with the

specifications referred to in clause (1); and

(5) shall ensure that any contract entered into for the

building shall contain provisions permitting a reduction of rent

during any period when the building is not in compliance with the

specifications.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1164.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3310 40:618. Pub. L. 86-249, Sec. 20, as

added Pub. L. 100-678, Sec.

5, Nov. 17, 1988, 102 Stat.

4050.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3311 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3311. State administration of criminal and health and safety

laws

-STATUTE-

When the Administrator of General Services considers it

desirable, the Administrator may assign to a State or a territory

or possession of the United States any part of the authority of the

Federal Government to administer criminal laws and health and

safety laws with respect to land or an interest in land under the

control of the Administrator and located in the State, territory,

or possession. Assignment of authority under this section may be

accomplished by filing with the chief executive officer of the

State, territory, or possession a notice of assignment to take

effect on acceptance, or in another manner as may be prescribed by

the laws of the State, territory, or possession in which the land

or interest is located.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1164.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3311 40:617. Pub. L. 86-249, Sec. 19, as

added Pub. L. 100-678, Sec.

5, Nov. 17, 1988, 102 Stat.

4050.

--------------------------------------------------------------------

The words "Notwithstanding any other provision of law" and

"commonwealth" are omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3312 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3312. Compliance with nationally recognized codes

-STATUTE-

(a) Application. -

(1) In general. - This section applies to any project for

construction or alteration of a building for which amounts are

first appropriated for a fiscal year beginning after September

30, 1989.

(2) National security waiver. - This section does not apply to

a building for which the Administrator of General Services or the

head of the federal agency authorized to construct or alter the

building decides that the application of this section to the

building would adversely affect national security. A decision

under this subsection is not subject to administrative or

judicial review.

(b) 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

determined by the Administrator or the head of the federal agency,

in compliance with one of the nationally recognized model building

codes and with other applicable nationally recognized codes,

including electrical codes, fire and life safety codes, and

plumbing codes, as the Administrator decides is appropriate. In

carrying out this subsection, the Administrator or the head of the

federal agency shall use the latest edition of the nationally

recognized codes.

(c) Zoning Laws. - Each building constructed or altered by the

Administration or any other federal agency shall be constructed or

altered only after consideration of all requirements (except

procedural requirements) of the following 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:

(1) Zoning laws.

(2) Laws relating to landscaping, open space, minimum distance

of a building from the property line, maximum height of a

building, historic preservation, esthetic qualities of a

building, and other similar laws.

(d) Cooperation With State and Local Officials. -

(1) State and local government consultation, review, and

inspections. - To meet the requirements of subsections (b) and

(c), the Administrator or the head of the federal agency

authorized to construct or alter the building -

(A) in preparing plans for the building, shall consult with

appropriate officials of the State or political subdivision of

a State, or both, in which the building will be located;

(B) on request shall submit the plans in a timely manner to

the officials for review by the officials for a reasonable

period of time not exceeding 30 days; and

(C) shall permit inspection by the officials during

construction or alteration of the building, in accordance with

the customary schedule of inspections for construction or

alteration of buildings in the locality, if the officials

provide to the Administrator or the head of the federal agency

-

(i) a copy of the schedule before construction of the

building is begun; and

(ii) reasonable notice of their intention to conduct any

inspection before conducting the inspection.

(2) Limitation on responsibilities. - This section does not

impose an obligation on any State or political subdivision to

take any action under paragraph (1).

(e) State and Local Government Recommendations. - Appropriate

officials of a State or 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 concerning

measures necessary to meet the requirements of subsections (b) and

(c). The officials also may make recommendations to the

Administrator or the head of the federal agency concerning measures

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 agency shall give due consideration to the

recommendations.

(f) Effect of Noncompliance. - An action may not be brought

against the Federal Government and a fine or penalty may not be

imposed against the Government for failure to meet the requirements

of subsection (b), (c), or (d) or for failure to carry out any

recommendation under subsection (e).

(g) Limitation on Liability. - The Government and its contractors

shall not be required to pay any amount for any action a State or a

political subdivision of a State takes to carry out this section,

including reviewing plans, carrying out on-site inspections,

issuing building permits, and making recommendations.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1165.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3312(a)(1) 40:619(g). Pub. L. 86-249, Sec. 21, as

added Pub. L. 100-678, Sec.

6(a), Nov. 17, 1988, 102

Stat. 4051.

3312(a)(2) 40:619(h).

3312(b) 40:619(a).

3312(c) 40:619(b).

3312(d) 40:619(c).

3312(e) 40:619(d).

3312(f) 40:619(e).

3312(g) 40:619(f).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3313 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3313. Delegation

-STATUTE-

(a) When Allowed. - Except for the authority contained in section

3305(b) of this title, the carrying out of the duties and powers of

the Administrator of General Services under this chapter, in

accordance with standards the Administrator prescribes -

(1) shall be delegated on request to the appropriate executive

agency when the estimated cost of the project does not exceed

$100,000; and

(2) may be delegated to the appropriate executive agency when

the Administrator determines that delegation will promote

efficiency and economy.

(b) No Exemption From Other Provisions of Chapter. - Delegation

under subsection (a) does not exempt the person to whom the

delegation is made, or the carrying out of the delegated duty or

power, from any other provision of this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1166.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3313(a) 40:614 (1st Pub. L. 86-249, Sec. 15,

sentence). Sept. 9, 1959, 73 Stat. 483.

3313(b) 40:614 (last

sentence).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "duties and

powers" are substituted for "responsibilities and authorities" for

consistency in the revised title and with other titles of the

United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3314 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3314. Report to Congress

-STATUTE-

(a) Request by Either House of Congress or Any Committee. -

Within a reasonable time after a request of either House of

Congress or any committee of Congress, the Administrator of General

Services shall submit a report showing the location, space, cost,

and status of each public building the construction, alteration, or

acquisition of which -

(1) is to be under authority of this chapter; and

(2) was uncompleted as of the date of the request, or as of

another date the request may designate.

(b) Request of Committee on Public Works and Environment or

Committee on Transportation and Infrastructure. - The Administrator

and the United States Postal Service shall make building project

surveys requested by resolution by the Committee on Environment and

Public Works of the Senate or the Committee on Transportation and

Infrastructure of the House of Representatives, and within a

reasonable time shall make a report on the survey to Congress. The

report shall contain all other information required to be included

in a prospectus of the proposed public building project under

section 3307(b) of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1166.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3314(a) 40:610(a). Pub. L. 86-249, Sec. 11,

Sept. 9, 1959, 73 Stat. 481;

Pub. L. 96-470, title II,

Sec. 211, Oct. 19, 1980, 94

Stat. 2246; Pub. L. 103-437,

Sec. 14(b)(2), Nov. 2, 1994,

108 Stat. 4591.

3314(b) 40:610(b).

--------------------------------------------------------------------

In subsection (b), the words "United States Postal Service" are

substituted for "Postmaster General" in section 11(b) of the Public

Buildings Act of 1959 (Public Law 86-249, 73 Stat. 481) because of

section 4(a) of the Postal Reorganization Act (Public Law 91-375,

84 Stat. 773). The words "Transportation and Infrastructure" are

substituted for "Public Works and Transportation" in section 11(b)

because of section 1(a)(9) of the Act of June 3, 1995 (Public Law

104-14, 2:21 note prec.).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-

-CITE-

40 USC Sec. 3315 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

-HEAD-

Sec. 3315. Certain authority not affected

-STATUTE-

This chapter does not limit or repeal the authority conferred by

law on the United States Postal Service.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3315 40:615. Pub. L. 86-249, Sec. 16,

Sept. 9, 1959, 73 Stat. 483;

Pub. L. 91-375, Sec.

6(m)(3), Aug. 12, 1970, 84

Stat. 782.

--------------------------------------------------------------------

The text of 40:615(1) is omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 450ss-6.

-End-