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40 U.S.C. § 3305 — Construction and alteration of buildings
Federal law — U.S. Code and appendices · legal_authorities
**(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 division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(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 division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3307&num=0&edition=prelim).
**(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 appr
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Source file: Laws/federal/codes/united-states-code/title-40/section-3305-construction-and-alteration-of-buildings--f043770da4.md
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Source location: Title 40, Chapter 33, § 3305; chapter-033-acquisition-construction-and-alteration.md
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**(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 division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(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 division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3307&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3307&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
In the following provisions, the words “this subtitle” are deemed to refer also to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) [Section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section101&num=0&edition=prelim).
(2) [Section 112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section112/a&num=0&edition=prelim).
(3) [Section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section113&num=0&edition=prelim).
(4) [Section 121(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/a&num=0&edition=prelim).
(5) [Section 121(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/c/1&num=0&edition=prelim).
(6) [Section 121(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/c/2&num=0&edition=prelim).
(7) Section 121(d)(1) and (2) of this title.
(8) [Section 121(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/e/1&num=0&edition=prelim).
(9) [Section 121(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/f&num=0&edition=prelim).
(10) [Section 121(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/g&num=0&edition=prelim).
(11) [Section 122(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section122/a&num=0&edition=prelim).
(12) [Section 123(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section123/a&num=0&edition=prelim).
(13) [Section
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3305/b&num=0&edition=prelim), 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 (referred to in this section as the “Administrator”) 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 pl
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Federal law — U.S. Code and appendices · legal_authorities
Page 129
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 3305
demnation, donation, exchange, or otherwise,
any building and its site which the Adminis-
trator decides is necessary to carry out the du-
ties of the Administrator under this chapter.
(b) ACQUISITION OF LAND OR INTEREST IN LAND
FOR USE AS SITES.—The Administrator may ac-
quire, by purchase, condemnation, donation, ex-
change, or otherwise, 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 Admin-
istrator 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, DO-
NATION, OR EXCHANGE OF REAL PROPERTY.—When
the Administrator is to acquire a site under sub-
section (b), the Administrator, if the Adminis-
trator considers it necessary, by public adver-
tisement may solicit proposals for the sale, do-
nation, or exchange of real property to the Fed-
eral Government to be used as the site. In se-
lecting a site under subsection (b) the Adminis-
trator (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 be-
lieves is the most advantageous to the Govern-
ment, all factors considered; and
(2) acquire the site without regard to divi-
sion C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of su
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