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APPENDIX B PUBLIC LAW 100-678—NOV. 17, 1988 Public Law 100-678 100th Congress An Act 102 STAT. 4049 To improve the efficiency and efFecti~rene~ of management of public buildings Nov. 17.1988 [S. 21861 Be it enacted by the Senate and House of Representatives of the United States of Monica in Congress assembled, Public Buildinge Amendment SECTION I. SHOW ~~K of 19~. Thm Act may be cited ~ the "Public Buildings Amendments of 4° tJSC 60~ note 1988". SEC 2. INCREASED THRESHOLD FOR APPROVAL PROCESS. Sections 4(b) and 7(a) of the Public Buildings Act of 1959 (40 U.S.C. 603(b) and 606(a)) are amended by striking out "$500,000" each place it appears and inserting in lieu thereof "SI.500,000' . SEC 3. LIMrrATtONS ON LEASING AUTHORITY. (a) LIMrrA=ON ON APPROPMA=ONS FOR LE0ING CERTAIN SPACE. Section 7(a) of the Public Buildings Act of 1959 (40 U.S.C. 606(a)) is amended by inserting after the Pond sentence the following new sentence: "No appropriation shall be made to alter any building, or part thereof, which ~ under lease by the Unit Stat for use for a public purpose if the cost of such Iteration would exceed S750.000 unless such alteration has been approved by resointions adopted by the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. " . ~) ~rrATION ON LEASING CERTAIN SPACE.~iOn 7 of such Act (40 US.C. 606) ~ amended by atding at the end thereof the following new subsection: (e) L~b~rr~T'ow ON Mona CKBTAIN SPACE "~1) GENT RUT The Administrator may not lease any space to accommodated "tA) computer and teiecommunicatio" operations; "(B) secure or ~tive activities related to the national defend or security, except in any cam ~ which it would be inappropriate to 1O - te such activities ~ a Public building Or Other facility id—tifieJ into the Unity States Govern- meDt; Or "(C) a permanent courtroom, JU6; - I Chamber, Or ~m;0e~tiVe Ounce for any United ShteB court; i$f1 the average rental COB: Of ~;Dg SUCH space FOULS exceed "~2) EXCISION. ~6 A6m~i2~ratOr may IFS any space onto r~ to WhiCI] paragraph (1) aPP! if the Administrator first determines, for resaons set forth in renting, that leasing such al ~ necessary to meet requirements which cannot be met in public buildings and submits such reasons to the Committee on Environment and Public Works of the Senate and the Committee on Public Worlss and Transportation of the House of Representatives.". t3—~ ,~3 ~ ~ ~—. ! . ., ~ ~ 45
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102 STAT. 4050 . PUBLIC LAW 100-678 NOV 17, 1988 SEC. 4. DOLLAR AMOUNT ADJUSTMENT. Section 7 of the Public Buildings Act of 1959 (40 U.S.C. 606) is further amended by adding at the end the following new subsection: "(f) DoLL~R AMOUNT ADJUSTMENT. Any dollar amount referred to in this section and section 4(b) of this Act may be adjusted by the Administrator ~rlrlually to reflect a percentage increase or decrease in construction costs during the preceding calendar year, as deter- mined by the composite iDdex of construction costs of the l~epart- ment of Commerce. Any such adjustment shall be expeditiously reported to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives.". SEC. 5. STATE ADMINISl'RAl'ION: SPECIAL RULES FOR LEASED BUILD- INGS. The Public Buildings Act of 1959 (40 U.S.C. 601-616) is amended by adding at the end thereof the foilounng new sections: 40 USC 617. "SEC. 19. STATE ADMINISTRATION OF CRIMINAL AND HEALTH AND SAFETY LAWS. Public lands. "Notwithstanding any other provision of law, the Administrator may, whenever the Administrator considers it desirable, ashy to a #_ . . . ... . .. . . . State, or to a commonwealth, territory, or possession of the United States, all or part of the authority of the United Stat to admm~ter criminal laws and health and safety laws with respect to lands or interests In land under the control of the A~nin~trator located in such State, commonwealth, territory, or passion. A - - ment of authority under this Lion may be accomplished by filing with the chief executive officer of such State, commonwealth, territory, or possession a notice of a - ligament to take effect upon acceptance thereof, or in such other manner as may be prescribed by the laws of the State, commonwealth. territory, or poEsesaion in which such land or interest in land are looted. 40 USC 618. "SEC 20. SPECIAL RULES FOR LEASED BUILDINGS. "(a) SPEC=CA=ONS. Nodding the provisions of section 210(hXl) of the Federal Property and Adminia~ative Seances Act of -1949, the Admini~tor shad not make any agreement or undertake any co~1=ent which Grin result in the conatruction of any build- mg which is to be constructed for lease to, ~d for predominant use by, the United States until the Administrator has established den tailed s~cificadon reqtiirements for such building "(b) co!~ImITlvs PROCI3:DU~. The Admin~trntor may acquire a leasehold interest in any building which ~ constructed for lea" to and for predominant use by, the United States only by the use of competitive procedures required by section 303 of the Federal Prom erg and Adn~trative Services Act of 1949 (41 U.S.C. 253). "(C) IN8PECI1ONS. The Administrator shad inspect every building to be constructed for lease to, and for predominant use by, the United States during the construction of such building in order to det`~rm~e that t.h" ~Decificatio~ establ~:hed for such buil~lin~ . complied with. "(d) ENFORCEMENT. (1) POST
PUBLIC LAW 100-678—NOV. 17, 1988 ing for the purpose of determining the extent, if any, oPfal~lure to comply with the specifications referred to in subsection (a). "(2) CONTRACT Cat USE. The Administrator shall ensure that any contract entered into for a building described in paragraph (1) shall contain provisions permitting a reduction of rent during any period when such building is not in compliance with such specifications.". 102 STAT. 4051 SEC. 6. COMPLIANCE WITH NATIONALLY RECOGNIZED CODES. (a) IN GENERA The Public Buildings Act of 1959 (40 U.S.C. 601- 616) ~ further amended by adding at the end the following new section: "SEC 21. COMPLIANCE WITH NATIONALLY RECOGNIZED CODEI3. Public health "(a) BUILDING CODE Each building constructed or altered by the 40 USSaC 6YI9 General Seances Adm~n'~trat~on or any other Federal agency shad be constructed or altered, to the maximum extent feasible an deter- mined by the Administrator or the head of such Federal agency, in compliance with one of the nationally recognized mode] building codes and with other applicable nationally recognized codes. Such other codes shad include, but not be limited to, electric codes, fire and life safety codes, and plumbing codes, ~ determined appro" puate by the Administrator. In carrying out this subsection, the Administrator or the head of the Federal agency authorized to construct or alter the building shad use the.latest edition of the nationally recognized codes referred to in this subsection. "(b) ZONING Lows. Each building construct or Item by the state and local General Sennces Administration or any other Federal agency shall government be constructed or altered only after consideration of all require meets (other than procedural requirements) of "~1) wning laws, ant! "~2) la~ relating to landscaping, open space, minimum dim tance of a building from the property line, magnum height of a building, histonc preservation, and esthetic qualities of a build- ~, "d other timid 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. "(C) SPECIAL RULE~.- "~1) STATE AND LOCAL GOV~ENT CONSULTATION, REWEW, AND INSP~ONS.—For purpoe" of meeting the req~ments of subsections (a) "d (b) Into rum to a building, the Adminis" trator or the head of the Fetentl agency authorized to construct or alter the building shad "(A) in prey plam for the building, consult tenth appropriate officials of the State or political subdivision, or both, in which the building mill be located; "(B) upon request' submit such plans in a timely manner to such officials for review by such officials for a reasonable period of time not exceeding 30 days; and "(C) permit inspection by such officials during construc- tion or alteration of the building, in accordance tenth the customary schedule of impactions for construction or alter- ation of buildings in the locality if such officials provide to the Administrator or the head of the Federal agency, ~ the case may be 47
102 STAT. ~tO52 PUBLIC LAW 100-678—NOV. 17, 1988 "(i) a copy of such schedule before construction of the building is begun; and "Gil reasonable notice of their intention to conduct any inspection before conducting such inspection. '(2) [~ON ON "~" ~~NSIBl~B. Nothing in this section shah impose an obligation on any State or political subdivision to take Any act-ion under paragraph (1~. (~) STATE AND Loc" GOVERNMENT RECOMMENDATIONS. Appro- priate officials of a State or a political subdivision of a State may make recommendations to the Administrator or the head of the Federal agency authorize to construct or alter a building concern- ing measures necessary to meet the requirements of subsections (a) and Ub). Such officials may also make recommendations to the Administrator or the head of the Federal agency concerning meas- ures which should be then in the construction or alteration of the building to take into account local conditions. The Administrator or the head of the Federal agency shall gore due consideration to any such recommendations. "(e) Ear OF NONCOMPLIANCE. No action may be brought aghast the United States and no fine or penalty may be imposed against the United States for failure to meet the requirements of subsection (a), (b), or (c) of this section or for failure to carry out any recommendation under subsection (d). "(f) ~rrA=ON ON L~B~mr. The Uniter} States and its contrac- tors shall not be required to pay any amount for any action taken by a State or a political subdivision of a State to carry out this section (including reseeing plan, carrying out omits inspections, issuing building permits, and making recommendations). ~) APP~"B~ ~ Step Bm=~. his Lion applies to any project for construction. or Iteration of a building for which funds wee first appropriated for a Mini year beginning after Septem- ber 30, 1989. achy NATIONALS SECURm WAIVERS—This section shall not apply - -—'~ - ~ ~ ~ .. be e ~ ~ ~ ~ ~ wlm respect w any DUll~eg 1! one Aem~trator or the head of the Federal agency authorized to construct or alter the building deter- mines that the application. of this section to the building would adversely affect nations secretor. A determination under this subsection shad not be subject to administrative or judicial renew.". 40 USC 619 note. (b) NOTIFICA.TION OF PA SAL AGE:NC~.—Not later than 180 days after the date of the enactment of this section, the Administrator of General Seances shall notify the heads of all Federal agencies of the requirements of section 21 of the Public Buildings Act of 1959. SEC 7. LIMITATION ON M=I~ "~AL "~ Section 322 of the Act of June 30, 1932 (47 StaL 412; 40 U.S.C. SEC 8. PROI11:CTION OF FEDERAL PROPERI'Y. (a) RE:F~NC~ so GSA.—The Act of June 1, 1948 (62 StaL 281, 40 U.S.C. 31~318d) is Unended (1) by striking out "Federal Works Agency" each place it appears and inserting in lieu thereof "General Seances Admin~tradon"; and (2) by striking out "Federal Works Administrator" each place it appears and inserting in lieu thereof "Administrator of Gen- eral Services't. 48
PUBLIC LAW 100-678 NOV. 17, 1988 (by INCLUSION OF LEASED PROPERTY.—T?he first section of such Act (40 U.S.C. 318) is amended to read as follows: 'SECTION 1. SPECIAL POLICE. "(a) APPOINTMENT. The Administrator of General Services, or officials of the General Seances Administration duly authorized by the Administrator, may appoint uniformed guards of such Adorning trat~on as special policemen without additional compensation for duty in connection with the policing of all buildings and are" owned or occupied by the United States and under the charge and control of the Administrator. "(b) POWERS. - PeCia1 policemen appointed under this section shall have the same powers as sheriffs and constables upon property referred to in subsection (a) to enforce the laws enacted for the protection of persons and property, and to prevent breaches of the peace, to suppress affrays or unlawful assemblies, and to enforce any rules and regulations promulgated by the Administrator of General Services or such duly authorized officials of the General Services Administration for the property under their jurisdiction; except that the jurisdiction and policing powers of such special policemen shall not extend to the seance of civil process.". (C) CONFORMING AMENDMENTS. (1) SECTION 2.—Section 2 of such Act (40 U.S.C. 318a) ~ amended by striking out "Federal property" each place it appears and inserting in lieu thereof "property". (2) SECTION a. Section 3 of such Act (40 U.S.C. 31Sb) is amended by striking out "and over which the United States ha acquired exclusive or concurrent criminal jurisdiction". SEC. 9. CERTAIN OTHER AUTHORITIES. Nothing in this Act (including any amendment made by this Act) shall be construed to affect the authorities grant in sections 5, 6 and 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f 403g, and 403j). SEC. 10. TECHNICAL AMENDMENT. The Act entitled "An Act to designate the United States Post Office and Courthouse in Pendleton, Oregon, as the 'John F. Kil- kenny United States Post Office and Courthouse"', approval OCtC~ her l7, 1984 (Public Law 98-492; 98 Stat. 2Z71), is ~m ended by striking out "Dorian" and Averting in lieu thereof "Dorion". SEC. 11. NAM1NGS. (a) LAW rON CHOW, JR. FEDERAL BUILDING, I^KE~ND, En DA.— (1) DESIGNATION. The Federal Building to be constructed in Lakeland, Flonda, that will replace the exiting Federal Build- ing in Lakeland, Florida, shall be known and designated as the "Lawson Chiles, Jr. Federal Building". (2) LEGAL REFERENCES.—Any reference in any law, regulation, document, record, map, or other paper of the United States to the building designated by paragraph (1) is deemed to be a reference to the "Lawson Chiles, Jr. Federal Building". (3) EFTE~VE DATE. ThiS subsection shall take effect on whichever of the following occurs later: (A) The date of the enactment of this Act. (B) January 3, 1989. (b) ROBERT A. YOUNG FEDERAL BUILDING. ST. Louts, MISSOURI. 49 102 STAT. 4053 40 USC 601 note.
102 STAT. 4054 PUBLIC LAW 100-678 NOV. 17, 1988 (1) DESICHATION. The Federal building located at 405 South Tucker Boulevard, St. Louis. Mauri. shall be known and designated as the "Robert A. Young Federal Building". (2) LEGAL REFERENCES. Any reference in a law, map, regula- tion, document, record, or other paper of the Unity States to the Federal building referred to in paragraph (1) shall be deemed to be a reference to the "Robert A. Young Federal Building". Approved November 17, 1988. r.F~.~SLAT~vE HISI~RY~S. 2186 (H.R. 27901: HOUSE REPORTS: No. 100074, Pt. 1, acoompanyutg H.R. 2790 (Comm. on Public Worm and Transportation). SENATE REPORTS: No. 100~3" (Comm. on Environment and Public Worlds). a~GRE=R,~AL RECORD: Vol. 133 (1987): Dec. 14, H.R 2790 considered and passed House. Vol. 134 (1988k May 18 S. 2186 considered and Caret &nate. Oct. l9 considered and paid House, amended. Oct. 21, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): Nov. 17, Presidential statement 50
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