§3301 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Defines key words used in the rules and explains when they don’t apply. "Alter" means the planning and design work needed for changes and the actual changes themselves, such as repairs, remodeling, upgrades, or extensions. "Construct" means the planning and design work needed to build a public building. "Executive agency" means executive departments and independent federal agencies and certain government-owned banks and corporations (for example, the FDIC and GNMA). "Federal agency" means an executive agency or an office in the legislative or judicial branch, but not the Senate, the House of Representatives, or the Architect of the Capitol. "Public building" means a building and its grounds used by federal agencies for offices or storage and lists many examples (offices, post offices, courthouses, warehouses, record centers, border and inspection facilities, telecommuting centers, and similar facilities), but it excludes many kinds of sites (public domain lands, foreign or Indian trust lands, agricultural or conservation lands, river/harbor/flood control or power or nuclear sites, housing, military bases, VA hospitals, and other exclusions the President approves). "United States" includes the States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. The chapter does not apply to construction covered by 8 U.S.C. 1231(g) or 19 U.S.C. 68.

Title 40, §3301

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this chapter—

(1)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)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)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)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)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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 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 section 241 and 242 by section 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).

§3301 Definitions and Nonapplication

Summary

Title 40, §3301

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata