40 U.S.C. § 3301 — Definitions and nonapplication

Page 127 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3301 Sec. 3319. Interagency space coordination. Editorial Notes AMENDMENTS 2025—Pub. L. 118–272, div. B, title III, § 2304(e)(2), Jan. 4, 2025, 138 Stat. 3224, added item 3319. 2022—Pub. L. 117–202, § 3(b), Oct. 17, 2022, 136 Stat. 2226, added item 3313 and struck out former item 3313 ‘‘Use of energy efficient lighting fixtures and bulbs’’. 2021—Pub. L. 116–333, § 2(b), Jan. 13, 2021, 134 Stat. 5114, which directed adding item 3318, relating to avail- ability of Federal building project information, to the table of chapters for chapter 33, was executed by adding it to the table of sections for chapter 33, to reflect the probable intent of Congress. 2019—Pub. L. 116–30, § 2(b), July 25, 2019, 133 Stat. 1033, which directed adding item 3318, relating to lactation room in public buildings, after item 3316, was executed by adding it after item 3317, to reflect the probable in- tent of Congress. 2016—Pub. L. 114–235, § 2(b), Oct. 7, 2016, 130 Stat. 965, added items 3314 to 3317 and struck out former items 3314 ‘‘Delegation’’, 3315 ‘‘Report to Congress’’, and 3316 ‘‘Certain authority not affected’’. 2007—Pub. L. 110–140, title III, § 323(c)(2), Dec. 19, 2007, 121 Stat. 1591, added items 3313 to 3316 and struck out former items 3313 ‘‘Delegation’’, 3314 ‘‘Report to Con- gress’’, and 3315 ‘‘Certain authority not affected’’. § 3301. Definitions and nonapplication (a) DEFINITIONS.—In this chapter— (1) ALTER.—The term ‘‘alter’’ includes— (A) preliminary planning, engineering, ar- chitectural, legal, fiscal, and economic in- vestigations and studies, surveys, designs, plans, working drawings, specifications, pro- cedures, 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’’ in- cludes preliminary planning, engineering, ar- chitectural, legal, fiscal, and economic inves- tigations 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, includ- ing— (A) any wholly owned Government cor- poration; (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 Corpora- tion; and (F) the Government National Mortgage Association. (4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an executive agency or an es- tablishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Archi- tect 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, ap- proaches, and appurtenances, which is gen- erally suitable for use as office or storage space or both by one or more federal agen- cies or mixed-ownership Government cor- porations; (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 Presi- dent considers to be justified in the public interest; but (C) does not include a building or construc- tion project described in subparagraphs (A) and (B)— (i) that is on the public domain (includ- ing that reserved for national forests and other purposes); (ii) that is on property of the Govern- ment 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 manufac- turing or development projects, or for nu- clear production, research, or development projects; (vi) that is on or used in connection with housing and residential projects; (vii) that is on military installations (in- cluding any fort, camp, post, naval train- ing station, airfield, proving ground, mili- tary supply depot, military school, or any similar facility of the Department of De- fense); (viii) that is on installations of the De- partment of Veterans Affairs used for hos- pital or domiciliary purposes; or (ix) the exclusion of which the President considers to be justified in the public in- terest. (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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1156.) Page 128 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3302 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3301(a)(1) .... 40:612(2), (5), (6). Pub. L. 86–249, § 13, Sept. 9, 1959, 73 Stat. 482; Pub. L. 90–448, title VIII, § 807(f), Aug. 1, 1968, 82 Stat. 544; Pub. L. 101–73, title VII, § 744(g), Aug. 9, 1989, 103 Stat. 438; Pub. L. 102–54, § 13(o), June 13, 1991, 105 Stat. 278; Pub. L. 104–208, div. A, title I, § 101(f) [title IV, § 407(b)], Sept. 30, 1996, 110 Stat. 3009–338. 40:612a(1). Pub. L. 94–541, title I, § 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, § 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 Adminis- trator 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 sub- stituted for ‘‘mixed ownership corporation’’ for consist- ency with 31:9101. In clause (5)(B) and (C), the words ‘‘from time to time hereafter’’ are omitted as unneces- sary. 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 Immi- gration 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 Immi- gration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208, div. C, 110 Stat. 3009–598, 3009–607). § 3302. Prohibition on construction of buildings except by Administrator of General Services Only the Administrator of General Services may construct a public building. The Adminis- trator shall construct a public building in ac- cordance with this chapter. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3302 ............ 40:601. Pub. L. 86–249, § 2, Sept. 9, 1959, 73 Stat. 479. § 3303. Continuing investigation and survey of public buildings (a) CONDUCTED BY ADMINISTRATOR.—The Ad- ministrator of General Services shall— (1) make a continuing investigation and sur- vey of the public buildings needs of the Fed- eral Government so that the Administrator may carry out the duties of the Administrator under this chapter; and (2) submit to Congress prospectuses of pro- posed 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 agen- cies 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 as- sistance 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 de- termined 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 Adminis- trator undertakes a survey of the public build- ings needs of the Government within a geo- graphical area, the Administrator shall request that, within 60 days, the Advisory Council on Historic Preservation established by section 304101 of title 54 identify any existing buildings in the geographical area that— (1) are of historical, architectural, or cul- tural significance (as defined in section 3306(a) of this title); and (2) whether or not in need of repair, alter- ation, or addition, would be suitable for acqui- sition to meet the public buildings needs of the Government. (d) STANDARD FOR CONSTRUCTION AND ACQUISI- TION OF PUBLIC BUILDINGS.—In carrying out the duties of the Administrator under this chapter, the Administrator shall provide for the con- struction and acquisition of public buildings eq- uitably 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 113–287, § 5(j)(5), Dec. 19, 2014, 128 Stat. 3269.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3303(a) ........ 40:611(a). Pub. L. 86–249, § 12(a), (b), (d), Sept. 9, 1959, 73 Stat. 482; Pub. L. 92–313, § 2(2), (3), June 16, 1972, 86 Stat. 216; Pub. L. 94–541, title I, § 103(3), Oct. 18, 1976, 90 Stat. 2506. 3303(b) ........ 40:611(b). 3303(c) ........ 40:611(c). Pub. L. 86–249, § 12(c), as added Pub. L. 94–541, title I, § 103(3), Oct. 18, 1976, 90 Stat. 2506. 3303(d) ........ 40:611(d). In subsection (c)(1), the word ‘‘historical’’ is sub- stituted for ‘‘historic’’ to conform to the defined term. In subsection (c)(2), the word ‘‘purchase’’ is omitted as being included in [‘‘]‘acquisition’’. Editorial Notes AMENDMENTS 2014—Subsec. (c). Pub. L. 113–287 substituted ‘‘section 304101 of title 54’’ for ‘‘title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.)’’ in introduc- tory provisions. § 3304. Acquisition of buildings and sites (a) IN GENERAL.—The Administrator of Gen- eral Services may acquire, by purchase, con-