40 U.S.C. § 3307 — Untitled legal text

Page 131 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3307 96 Stat. 1067), the first section of which enacted Title 31, United States Code. Editorial Notes REFERENCES IN TEXT The Demonstration Cities and Metropolitan Develop- ment Act of 1966, referred to in subsec. (c)(1), is Pub. L. 89–754, Nov. 3, 1966, 80 Stat. 1255. Title II of the Act is classified generally to subchapter II (§ 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. AMENDMENTS 2014—Subsec. (a)(4). Pub. L. 113–287 substituted ‘‘chap- ter 3021 of title 54’’ for ‘‘section 101 of the National His- toric Preservation Act (16 U.S.C. 470a)’’. Executive Documents 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, as amended by Ex. Ord. No. 13946, § 2, Aug. 24, 2020, 85 F.R. 52879; Ex. Ord. No. 14091, § 6(c), Feb. 16, 2023, 88 F.R. 10830, 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.) [see 54 U.S.C. 300101 et seq.] and the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [title I of Pub. L. 94–541, see 40 U.S.C. 3306 and 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 [54 U.S.C. 300101 note], it is hereby or- dered as follows: SECTION 1. Statement of Policy. Through the Adminis- tration’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 Execu- tive 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 Preser- vation Act to provide leadership in the preservation of historic resources, and in the Public Buildings Coopera- tive Use Act of 1976 to acquire and utilize space in suit- able buildings of historic, architectural, or cultural sig- nificance. To this end, the Federal Government shall utilize and maintain, wherever operationally appropriate and eco- nomically prudent, historic properties and districts, es- pecially those located in our central business areas. When implementing these policies, the Federal Govern- ment shall institute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and pro- vide the maximum benefit to, society. SEC. 2. Encouraging the Location of Federal Facilities on Historic Properties in Our Central Cities. When operation- ally 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 suit- able, then Federal agencies shall consider other devel- oped or undeveloped sites within historic districts. Fed- eral 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, ac- quiring, locating, maintaining, or managing Federal fa- cilities or with responsibilities for the planning for, or managing of, historic resources shall take steps to re- form, streamline, and otherwise minimize regulations, policies, and procedures that impede the Federal Gov- ernment’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 car- rying out the authorities of the National Historic Pres- ervation Act, the Secretary of the Interior, the Advi- sory Council on Historic Preservation, and each Fed- eral agency shall seek appropriate partnerships with States, local governments, Indian tribes, and appro- priate private organizations with the goal of enhancing participation of these parties in the National Historic Preservation Program. Such partnerships should em- body the principles of administrative flexibility, re- duced 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, sub- stantive or procedural, enforceable at law by a party against the United States, its agencies or instrumen- talities, its officers or employees, or any other person. § 3307. Congressional approval of proposed projects (a) RESOLUTIONS REQUIRED BEFORE APPROPRIA- TIONS MAY BE MADE.—The following appropria- tions may be made only if the Committee on En- vironment and Public Works of the Senate and the Committee on Transportation and Infra- structure 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 dis- tribution of public buildings throughout the United States with due regard for the com- parative urgency of need for the buildings, ex- cept 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 ex- ceed $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 pro- posed 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 con- Page 132 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3307 structed, 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 suit- able space which may continue to be available in existing Government-owned or occupied buildings, especially those buildings that en- hance the architectural, historical, social, cul- tural, and economic environment of the local- ity; (4) with respect to any project for the con- struction, 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 ac- tion; (5) a statement by the Administrator of the economic and other justifications for not ac- quiring a building identified to the Adminis- trator under section 3303(c) of this title as suitable for the public building needs of the Government; (6) a statement of rents and other housing costs currently being paid by the Government for federal agencies to be housed in the build- ing to be constructed, altered, or acquired, or the space to be leased; (7) with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, an estimate of the future energy performance of the building or space and a specific description of the use of energy efficient and renewable energy sys- tems, including photovoltaic systems, in car- rying out the project; (8) a statement of how the proposed project is consistent with the standards and criteria developed under section 11(b) of the Federal Assets Sale and Transfer Act of 2016; (9) information on any space occupied by the relevant agency in the geographical area of the proposed facility, including uses, utiliza- tion rates, any proposed consolidations, and, if not proposed to be consolidated, a justifica- tion for such determination; (10) a statement by the Administrator of whether the public building needs of the Gov- ernment for the proposed space to be leased were formerly met by a federally owned build- ing, including any building identified for dis- posal or sale; and (11) details on actual utilization rates, in- cluding number of personnel assigned to the facility, number of personnel expected to work in-person at the facility and whether all per- sonnel identified reflect filled and authorized positions. (c) INCREASE OF ESTIMATED MAXIMUM COST.— The estimated maximum cost of any project ap- proved under this section as set forth in any pro- spectus 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 trans- mitted to Congress. The increase authorized by this subsection may not exceed 10 percent of the estimated maximum cost. The Administrator shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate of any increase of more than 5 percent of an estimated maximum cost or of any increase or decrease in the scope or size of a project of 5 or more per- cent. Such notification shall include an expla- nation regarding any such increase or decrease. The scope or size of a project shall not increase or decrease by more than 10 percent unless an amended prospectus is submitted and approved pursuant to this section. (d) RESCISSION OF APPROVAL.—If an appropria- tion is not made within one year after the date a project for construction, alteration, or acqui- sition is approved under subsection (a), the Com- mittee 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 ADMINIS- TRATOR.—This section does not prevent the Ad- ministrator from entering into emergency leases during any period declared by the President to require emergency leasing authority. An emer- gency lease may not be for more than 180 days without approval of a prospectus for the lease in accordance with subsection (a). (f) MINIMUM PERFORMANCE REQUIREMENTS FOR LEASED SPACE.—With respect to space to be leased, the Administrator shall include, to the maximum extent practicable, minimum per- formance requirements requiring energy effi- ciency and the use of renewable energy. (g) LIMITATION ON LEASING CERTAIN SPACE.— (1) IN GENERAL.—The Administrator may not lease space to accommodate any of the fol- lowing if the average rental cost of leasing the space will exceed $1,500,000: (A) Computer and telecommunications op- erations. (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 writ- ing, 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 Transpor- tation and Infrastructure of the House of Representatives. (h) DOLLAR AMOUNT ADJUSTMENT.—The Ad- ministrator 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 deter- mined by the composite index of construction costs of the Department of Commerce. Any ad- Page 133 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3308 justment shall be expeditiously reported to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives. (i) NOTIFICATION REQUIRED.—For each project approved under this section, the Administrator shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate of any project milestones that are accomplished, in- cluding— (1) the solicitation and award of design and construction services; (2) the completion of any actions required for the project pursuant to the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (3) any ceremonies for the beginning or com- pletion of the project; (4) a naming ceremony for the project; and (5) the completion of the project. (j) EXPIRATION OF COMMITTEE RESOLUTIONS.— (1) IN GENERAL.—Unless a lease is awarded or a construction, alteration, repair, design, or acquisition project is initiated not later than 5 years after the resolution approvals adopted by the Committee on Transportation and In- frastructure of the House of Representatives and the Committee on Environment and Pub- lic Works of the Senate pursuant to subsection (a), the resolutions shall be deemed expired. (2) APPLICATION.—This subsection shall only apply to resolutions approved after the date of enactment of this subsection. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1161; Pub. L. 110–140, title III, § 323(a), (b), Dec. 19, 2007, 121 Stat. 1589, 1590; Pub. L. 114–287, § 17, Dec. 16, 2016, 130 Stat. 1476; Pub. L. 118–272, div. B, title III, §§ 2304(a), (c), (f), 2310, Jan. 4, 2025, 138 Stat. 3223, 3224, 3227.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3307(a) ........ 40:606(a) (1st–3d sen- tences). Pub. L. 86–249, § 7(a)–(d), Sept. 9, 1959, 73 Stat. 480; Pub. L. 92–313, § 2(4), June 16, 1972, 86 Stat. 217; Pub. L. 94–541, title I, § 103(1), (2), Oct. 18, 1976, 90 Stat. 2505; Pub. L. 100–678, §§ 2, 3(a), Nov. 17, 1988, 102 Stat. 4049; Pub. L. 103–437, § 14(b)(1), Nov. 2, 1994, 108 Stat. 4590. 3307(b) ........ 40:606(a) (last sen- tence). 3307(c) ........ 40:606(b). 3307(d) ........ 40:606(c). 3307(e) ........ 40:606(d). 3307(f) ........ 40:606(e). Pub. L. 86–249, § 7(e), as added Pub. L. 100–678, § 3(b), Nov. 17, 1988, 102 Stat. 4049. 3307(g) ........ 40:606(f) (related to this section). Pub. L. 86–249, § 7(f) (related to this section), Sept. 9, 1959, as added Pub. L. 100–678, § 4, Nov. 17, 1988, 102 Stat. 4050. In this section, the words ‘‘Transportation and Infra- structure’’ 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. Editorial Notes REFERENCES IN TEXT Section 11(b) of the Federal Assets Sale and Transfer Act of 2016, referred to in subsec. (b)(8), is section 11(b) of Pub. L. 114–287, which is set out in a note under sec- tion 1303 of this title. The National Environmental Policy Act of 1969, re- ferred to in subsec. (i)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of enactment of this subsection, referred to subsec. (j)(2), is the date of enactment of Pub. L. 118–272, which was approved Jan. 4, 2025. AMENDMENTS 2025—Subsec. (b). Pub. L. 118–272, § 2304(c)(1), inserted ‘‘(referred to in this section as the ‘Administrator’)’’ after ‘‘Administrator of General Services’’ in introduc- tory provisions. Subsec. (b)(9) to (11). Pub. L. 118–272, § 2304(c)(2)–(4), added pars. (9) to (11). Subsec. (c). Pub. L. 118–272, § 2304(a), inserted at end ‘‘The Administrator shall notify, in writing, the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate of any in- crease of more than 5 percent of an estimated max- imum cost or of any increase or decrease in the scope or size of a project of 5 or more percent. Such notifica- tion shall include an explanation regarding any such increase or decrease. The scope or size of a project shall not increase or decrease by more than 10 percent unless an amended prospectus is submitted and approved pur- suant to this section.’’ Subsec. (i). Pub. L. 118–272, § 2304(f), added subsec. (i). Subsec. (j). Pub. L. 118–272, § 2310, added subsec. (j). 2016—Subsec. (b)(8). Pub. L. 114–287 added par. (8). 2007—Subsec. (b)(7). Pub. L. 110–140, § 323(a), added par. (7). Subsecs. (f) to (h). Pub. L. 110–140, § 323(b), added sub- sec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 3308. Architectural or engineering services (a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of General Services decides it to be necessary, the Administrator may employ, by contract or otherwise, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5, civil service rules and regulations, or section 6101(b) to (d) of title 41, the services of established architectural or engineering cor- porations, firms, or individuals, to the extent the Administrator may require those services for any public building authorized to be con- structed or altered under this chapter. (b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corporation, firm, or individual