40 U.S.C. § 123 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 1 / Subchapter III / Section 123: Civil remedies for fraud
Civil remedies for fraud
Status: in_force

(a) In General.—In connection with the procurement, transfer or disposition of property under this subtitle, a person that uses or causes to be used, or enters into an agreement, combination, or conspiracy to use or cause to be used, a fraudulent trick, scheme, or device for the purpose of obtaining or aiding to obtain, for any person, money, property, or other benefit from the Federal Government—

(1) shall pay to the Government an amount equal to the sum of—

(A) $2,000 for each act;

(B) two times the amount of damages sustained by the Government because of each act; and

(C) the cost of suit;

(2) if the Government elects, shall pay to the Government, as liquidated damages, an amount equal to two times the consideration that the Government agreed to give to the person, or that the person agreed to give to the Government; or

(3) if the Government elects, shall restore to the Government the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property, or other consideration given to the Government.

(b) Additional Remedies and Criminal Penalties.—The civil remedies provided in this section are in addition to all other civil remedies and criminal penalties provided by law.

(c) Immunity of Government Officials.—An officer or employee of the Government is not liable (except for an individual's own fraud) or accountable for collection of a purchase price that is determined to be uncollectible by the federal agency responsible for property if the property is transferred or disposed of in accordance with this subtitle and with regulations prescribed under this subtitle.

(d) Jurisdiction and Venue.—

(1) Definition.—In this subsection, the term "district court" means a district court of the United States or a district court of a territory or possession of the United States.

(2) In general.—A district court has original jurisdiction of an action arising under this section, and venue is proper, if at least one defendant resides or may be found in the court's judicial district. Jurisdiction and venue are determined without regard to the place where acts were committed.

(3) Additional defendant outside judicial district.—A defendant that does not reside and may not be found in the court's judicial district may be brought in by order of the court, to be served personally, by publication, or in another reasonable manner directed by the court.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

123(a) 
40:489(b). 
June 30, 1949, ch. 288, title II, §209, 63 Stat. 392.

123(b) 
40:489(d).

123(c) 
40:489(a).

123(d) 
40:489(c).

In subsection (a), before clause (1), the words "under this subtitle" are substituted for "hereunder" because "hereunder" probably means under the Federal Property and Administrative Services Act of 1949 which is restated in subtitle I of the revised title (except as noted in section 111 of the revised title and the accompanying revision note). The words "or engage in", "or engaged in", "securing or", and "secure or" are omitted as unnecessary. The word "money" is substituted for "payment" for consistency in the section.

In subsection (a)(1)(B), the words "because of each act" are substituted for "by reason thereof" for clarity.

In subsection (a)(2), the words "or any Federal agency" and "or any Federal agency, as the case may be" are omitted as unnecessary.

In subsection (a)(3), the words "fraudulently obtained" are substituted for "thus secured and obtained" for clarity and to eliminate unnecessary words.

In subsection (d)(1), the word "several" is omitted as unnecessary. The words "the District Court of the United States for the District of Columbia" in section 209(c) of the Federal Property and Administrative Services Act of 1949 are omitted as included in "a district court of the United States" because of sections 88 and 132(a) of title 28.

Subsection (d)(2) is substituted for "[D]istrict courts . . . within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).

In subsection (d)(3), the words "A defendant that does not reside and may not be found in the court's judicial district" are substituted for "and such person or persons as are not inhabitants of or found within the district in which suit is brought" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
40 U.S.C. § 3318_2 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 33 / Section 3318_2: 3318.1 Availability of Federal building project information
3318.1 Availability of Federal building project information
Status: in_force

(a) In General.—Not later than 180 days after the date of enactment of this section, and, at a minimum, on a quarterly basis thereafter, the Administrator shall make publicly available on a subpage of the website of the General Services Administration all prospectuses submitted pursuant to sections 3307 and 3316, and associated information subject to the following requirements:

(1) The Administrator shall maintain such information in an easily accessible and readable, organized, downloadable, and searchable format.

(2) The Administrator shall ensure the information is current and prospectuses and associated information updated on a regular basis.

(3) The information required under this section shall be inclusive for a period of not less than 10 years.

(4) The information shall include—

(A) the last date on which the relevant webpage was updated;

(B) approval dates of respective authorizing resolutions by each committee of jurisdiction, if applicable;

(C) copies of respective committee of jurisdiction resolutions authorizing such prospectuses, as appropriate;

(D) cross-references to any resubmitted or amended prospectuses and associated resolutions; and

(E) such other information as determined by the Administrator.

(b) Definitions.—In this section, the following definitions apply:

(1) Prospectus.—The term "prospectus" means prospectuses, building surveys, and factsheets submitted to the committees of jurisdiction pursuant to sections 3307 and 3316.

(2) Committees of jurisdiction.—The term "committees of jurisdiction" means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(3) Associated information.—The term "associated information" means resolutions approved by the committees of jurisdiction and other information as required pursuant to subsection (a).

(Added Pub. L. 116–333, §2(a), Jan. 13, 2021, 134 Stat. 5113.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 116–333, which was approved Jan. 13, 2021.

1 Another section 3318 is set out preceding this section.
40 U.S.C. § 554 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 554: Property for development or operation of a port facility
Property for development or operation of a port facility
Status: in_force

(a) Definitions.—In this section, the following definitions apply:

(1) Base closure law.—The term "base closure law" has the meaning given that term in section 101(a)(17) of title 10.

(2) State.—The term "State" includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.

(b) Authority for Assignment to the Secretary of Transportation.—Under regulations that the Administrator of General Services, after consultation with the Secretary of Defense, may prescribe, the Administrator, or the Secretary of Defense in the case of property located at a military installation closed or realigned pursuant to a base closure law, may assign to the Secretary of Transportation for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary of Transportation recommends as needed for the development or operation of a port facility.

(c) Authority for Conveyance by the Secretary of Transportation.—

(1) In general.—Subject to disapproval by the Administrator or the Secretary of Defense within 30 days after notice of a proposed conveyance by the Secretary of Transportation, the Secretary of Transportation, for the development or operation of a port facility, may convey property assigned to the Secretary of Transportation under subsection (b) to a State or political subdivision, municipality, or instrumentality of a State.

(2) Conveyance requirements.—A transfer of property may be made under this section only after the Secretary of Transportation has—

(A) determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption;

(B) received and, after consultation with the Secretary of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use of the property to be conveyed as part of a necessary economic development program; and

(C) transmitted to Congress an explanatory statement that contains information substantially similar to the information contained in statements prepared under section 545(e) of this title.

(d) No Monetary Consideration.—A conveyance under this section shall be made without monetary consideration to the Federal Government.

(e) Deed of Conveyance.—The deed of conveyance of any surplus real and related personal property disposed of under this section shall—

(1) provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and

(2) contain additional terms, reservations, restrictions, and conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes for which it was conveyed and to safeguard the interests of the Government.

(f) Enforcement and Revision of Instruments Transferring Property Under This Section.—The Secretary of Transportation shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Secretary shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Secretary shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the grantee any right or interest reserved to the Government by the instrument, if the Secretary determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Secretary considers necessary to protect or advance the interests of the Government.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1100; Pub. L. 109–163, div. A, title X, §1056(a)(5)(A), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 109–284, §6(4), Sept. 27, 2006, 120 Stat. 1212.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

554 
40:484(q). 
June 30, 1949, ch. 288, title II, §203(q), as added Pub. L. 103–160, div. B, title XXIX, §2927(2), Nov. 30, 1993, 107 Stat. 1933.

In subsection (a), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.

Editorial Notes

Amendments

2006—Subsec. (a)(1). Pub. L. 109–163 substituted "has the meaning given that term in section 101(a)(17) of title 10." for "means the following:

"(A) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).

"(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

"(C) Section 2687 of title 10."

Subsec. (c). Pub. L. 109–284 substituted "Transportation.—" for "Transportation." in heading.
40 U.S.C. § 18301 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 183 / Section 18301: Findings and purposes
Findings and purposes
Status: in_force

(a) Findings.—Congress finds that—

(1) affordable public transportation is essential to the economic vitality of the national capital area and is an essential component of regional efforts to improve air quality to meet environmental requirements and to improve the health of both residents of and visitors to the national capital area as well as to preserve the beauty and dignity of the Nation's capital;

(2) use of mass transit by both residents of and visitors to the national capital area is substantially affected by the prices charged for mass transit services, prices that are substantially affected by labor costs, since more than two-thirds of operating costs are attributable to labor costs;

(3) labor costs incurred in providing mass transit in the national capital area have increased at an alarming rate and wages and benefits of operators and mechanics currently are among the highest in the Nation;

(4) higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons, since this often discourages ridership and thus undermines the public interest in promoting the use of public transit;

(5) spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for public transit services since local governments generally, and the District of Columbia government in particular, are operating under severe fiscal constraints;

(6) imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact agencies operating in the national capital area will ensure that wage increases are justified and do not exceed the ability of transit patrons and taxpayers to fund the increase; and

(7) federal legislation is necessary under section 8 of Article I of the United States Constitution to balance the need to moderate and lower labor costs while maintaining industrial peace.

(b) Purpose.—The purpose of this chapter is to adopt standards governing arbitration that must be applied by arbitrators resolving disputes involving interstate compact agencies operating in the national capital area in order to lower operating costs for public transportation in the Washington metropolitan area.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1291.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

18301 
40:1301. 
Pub. L. 104–50, title IV, §402, Nov. 15, 1995, 109 Stat. 463.

In subsection (a)(7), the reference is to section 8 of article I of the United States Constitution to correct an error in the source provision.
40 U.S.C. § 9103 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 91 / Section 9103: Personnel
Personnel
Status: in_force

The Commission of Fine Arts has a secretary and other assistance the Commission authorizes. The secretary is the executive officer of the Commission.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

9103 
40:104 (last sentence words before comma). 
May 17, 1910, ch. 243, §1 (last sentence words before comma), 36 Stat. 371.

 
40:105. 
June 25, 1910, ch. 384 1 [sic] (8th complete par. on p. 728 (less appropriations)), 36 Stat. 728.

The text of 40:105 (related to officer in charge of public buildings and grounds) is omitted as obsolete.
40 U.S.C. § 9501 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 95 / Section 9501: Chief of Engineers
Chief of Engineers
Status: in_force

(a) Superintendence Duties.—

(1) Washington aqueduct and other public works and improvements in the district of columbia.—The Chief of Engineers has the immediate superintendence of—

(A) the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the Aqueduct and belonging to the Federal Government; and

(B) all other public works and improvements in the District of Columbia in which the Government has an interest and which are not otherwise specially provided for by law.

(2) Obeying regulations.—In carrying out paragraph (1), the Chief of Engineers shall obey regulations the President prescribes, through the Secretary of the Army.

(b) No Increase in Compensation.—The Chief of Engineers shall not receive additional compensation for the services required under this chapter.

(c) Office.—The Chief of Engineers shall be furnished an office in one of the public buildings in the District of Columbia, as the Administrator of General Services directs, and shall be supplied by the Federal Government with stationery, instruments, books, and furniture which may be required for the performance of the duties of the Chief of Engineers.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

9501(a)(1) 
40:45. 
R.S. §1800.

9501(a)(2) 
40:48. 
R.S. §1801.

9501(b) 
40:46. 
R.S. §1807.

9501(c) 
40:47. 
R.S. §1808.

In subsection (a)(2), the words "pursuant to law" are omitted as unnecessary. The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).

In subsection (b), the word "additional" is substituted for "other than his regular pay as an officer of the Corps of Engineers" to eliminate unnecessary words. The words "of him" are omitted as unnecessary. The words "this chapter" are substituted for "title 21 of the Revised Statutes" because the only provisions of title 21 related to the Chief of Engineers that have not been repealed are contained in the revised chapter.

In subsection (c), the words "an office" are substituted for "official apartments" for clarity. The words "District of Columbia" are substituted for "city of Washington" for consistency in the revised title and with other titles of the United States Code. The words "Administrator of General Services" are substituted for "President" [subsequently changed to "Public Buildings Commission" because of section 10 of the Act of March 1, 1919 (ch. 86, 40 Stat. 1269), "National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator in the Federal Works Agency" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.

Statutory Notes and Related Subsidiaries

Washington Aqueduct

Pub. L. 117–263, div. H, title LXXXI, §8146, Dec. 23, 2022, 136 Stat. 3729, as amended by Pub. L. 118–272, div. A, title III, §1350, Jan. 4, 2025, 138 Stat. 3159, provided that:

"(a) Capital Improvement Authority.—The Secretary [of the Army] may carry out capital improvements for the Washington Aqueduct that the Secretary determines necessary for the safe, effective, and efficient operation of the Aqueduct.

"(b) Borrowing Authority.—

"(1) In general.—Subject to paragraphs (2) through (4) and subsection (c), the Secretary is authorized to borrow from the Treasury of the United States such amounts as are sufficient to cover any obligations that will be incurred by the Secretary in carrying out capital improvements for the Washington Aqueduct under subsection (a).

"(2) Limitation.—The amount borrowed by the Secretary under paragraph (1) may not exceed $40,000,000 in any fiscal year.

"(3) Agreement.—Amounts borrowed under paragraph (1) may only be used to carry out capital improvements with respect to which the Secretary has entered into an agreement with each customer.

"(4) Terms of borrowing.—

"(A) In general.—Subject to subsection (c), the Secretary of the Treasury shall provide amounts borrowed under paragraph (1) under such terms and conditions as the Secretary of Treasury determines to be necessary and in the public interest.

"(B) Term.—The term of any loan made under paragraph (1) shall be for a period of not less than 20 years.

"(C) Prepayment.—There shall be no penalty for the prepayment of any amounts borrowed under paragraph (1).

"(c) Contracts With Customers.—

"(1) In general.—The Secretary may not borrow any amounts under subsection (b) until such time as the Secretary has entered into a contract with each customer under which the customer commits to pay a pro rata share (based on water purchase) of the principal and interest owed to the Secretary of the Treasury under subsection (b).

"(2) Prepayment.—Any customer may pay, in advance, the pro rata share of the principal and interest owed by the customer, or any portion thereof, without penalty.

"(3) Risk of default.—A customer that enters into a contract under this subsection shall, as a condition of the contract, commit to pay any additional amount necessary to fully offset the risk of default on the contract.

"(4) Obligations.—Each contract entered into under paragraph (1) shall include such terms and conditions as the Secretary of the Treasury may require so that the total value to the Government of all contracts entered into under paragraph (1) is estimated to be equal to the obligations of the Secretary for carrying out capital improvements for the Washington Aqueduct.

"(5) Other conditions.—Each contract entered into under paragraph (1) shall—

"(A) include other conditions consistent with this section that the Secretary and the Secretary of the Treasury determine to be appropriate; and

"(B) provide the United States priority in regard to income from fees assessed to operate and maintain the Washington Aqueduct.

"(d) Customer Defined.—In this section, the term 'customer' means—

"(1) the District of Columbia Water and Sewer Authority;

"(2) Arlington County, Virginia; and

"(3) the Fairfax County Water Authority, Virginia."
40 U.S.C. § 3173 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter VI / Section 3173: Working capital fund for General Services Administration
Working capital fund for General Services Administration
Status: in_force

(a) Establishment and Purpose.—There is a working capital fund for the necessary expenses of administrative support services including accounting, budget, personnel, legal support and other related services; and the maintenance and operation of printing and reproduction facilities in support of the functions of the General Services Administration, other Federal agencies, and other entities; and other such administrative and management services that the Administrator of GSA deems appropriate and advantageous (subject to prior notice to the Office of Management and Budget).

(b) Composition.—

(1) In general.—Amounts received, including advance payments, shall be credited to and merged with the Fund, to remain available until expended, for operating costs and capital outlays of the Fund: Provided, That entities for which such services are performed shall be charged at rates which will return in full all costs of providing such services.

(2) Cost and capital requirements.—The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged to entities for which services are performed, in accordance with the plan.

(c) Deposit of Excess Amounts in the Treasury.—At the close of each fiscal year, after making provision for anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.

(d) Transfer and Use of Amounts for Major Equipment Acquisitions.—

(1) In general.—Subject to subparagraph (2), unobligated balances of amounts appropriated or otherwise made available to the General Services Administration for operating expenses and salaries and expenses may be transferred and merged into the "Major equipment acquisitions and development activity" of the working capital fund of the General Services Administration for agency-wide acquisition of capital equipment, automated data processing systems and financial management and management information systems: Provided, That acquisitions are limited to those needed to implement the Chief Financial Officers Act of 1990 (Public Law 101–576, 104 Stat. 2838) and related laws or regulations or for agency-wide acquisition of equipment or systems or the acquisition of services in lieu thereof, as necessary to implement the Act.

(2) Requirements and Availability.—

(A) Time for transfer.—Transfer of an amount under this section must be done no later than the end of the fifth fiscal year after the fiscal year for which the amount is appropriated or otherwise made available.

(B) Approval for use.—An amount transferred under this section may be used only with the advance approval of the Committees on Appropriations of the House of Representatives and the Senate.

(C) Availability.—An amount transferred under this section remains available until expended.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155; Pub. L. 111–8, div. D, title V, §518(a), (b), (c)(2), Mar. 11, 2009, 123 Stat. 664, 665; Pub. L. 117–103, div. E, title V, §§528, 529, Mar. 15, 2022, 136 Stat. 276.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

3173(a), (b) 
40:293 (words before proviso). 
May 3, 1945, ch. 106, title I, 101 (2d complete par. on p. 115), 59 Stat. 115.

3173(c) 
40:293 (proviso).

In subsection (b)(2), the words "Administrator of General Services" are substituted for "Federal Works Agency" and "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.

Editorial Notes

References in Text

The Chief Financial Officers Act of 1990, referred to in subsec. (d)(1), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.

Amendments

2022—Subsec. (b)(1). Pub. L. 117–103, §529, inserted ", including advance payments," after "Amounts received".

Subsec. (d)(1). Pub. L. 117–103, §528, inserted "or for agency-wide acquisition of equipment or systems or the acquisition of services in lieu thereof, as necessary to implement the Act" before period at end.

2009—Pub. L. 111–8, §518(c)(2), substituted "Working capital fund for General Services Administration" for "Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration" in section catchline.

Subsecs. (a) to (c). Pub. L. 111–8, §518(a), amended subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to (c) related to establishment and purpose of a working capital fund, components of the fund, and deposit of excess amounts in the Treasury.

Subsec. (d). Pub. L. 111–8, §518(b), added subsec. (d).
40 U.S.C. § 3101 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter I / Section 3101: Public buildings under control of Administrator of General Services
Public buildings under control of Administrator of General Services
Status: in_force

All public buildings outside of the District of Columbia and outside of military reservations purchased or erected out of any appropriation under the control of the Administrator of General Services, and the sites of the public buildings, are under the exclusive jurisdiction and control, and in the custody of, the Administrator. The Administrator may take possession of the buildings and assign and reassign rooms in the buildings to federal officials, clerks, and employees that the Administrator believes should be furnished with offices or rooms in the buildings.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

3101 
40:285. 
July 1, 1898, ch. 546, §1 (6th complete par. on p. 614), 30 Stat. 614.

The word "subtreasuries" in the 6th complete paragraph on p. 614 of section 1 of the Act of July 1, 1898 (ch. 546, 30 Stat. 614), is omitted because section 1 (words in par. under heading "Independent Treasury") of the Act of May 29, 1914 (ch. 214, 41 Stat. 654) discontinued subtreasuries. The word "post-offices" in section 1 is omitted because section 1 of Executive Order No. 6166 (eff. June 10, 1933) transferred administration of post office buildings to the Post Office Department. The words "courthouses, customhouses, appraiser's stores, barge offices, and other" are omitted as unnecessary. The words "or are in course of construction" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Treasury Department" and "Secretary of the Treasury" [subsequently changed to "Federal Works Agency" and "Federal Works Administrator" because of sections 301 and 303, respectively, of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.

Statutory Notes and Related Subsidiaries

Revision of Design Standards

Pub. L. 118–272, div. B, title III, §2309, Jan. 4, 2025, 138 Stat. 3227, provided that:

"(a) In General.—Not later than 6 months after the date of enactment of this Act [Jan. 4, 2025], the Administrator of General Services (referred to in this section as the 'Administrator') shall revise the process by which the Administrator updates or changes the P100 facilities standards guidance document for federally owned buildings under the custody and control of the General Services Administration.

"(b) Process.—The Administrator shall ensure that the process revised under subsection (a) requires—

"(1) a public comment period for any updates or changes to the documents described in such subsection;

"(2) publication of those updates or changes in the Federal Register and on the website of the General Services Administration; and

"(3) a summary of any comments received during the public comment period.

"(c) Report.—The Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the revisions to the process required under subsection (a)."

Missing Children Procedures in Public Buildings

Pub. L. 108–21, title III, subtitle D, Apr. 30, 2003, 117 Stat. 665, provided that:

"SEC. 361. SHORT TITLE.

"This subtitle may be cited as the 'Code Adam Act of 2003'."

"SEC. 362. DEFINITIONS.

"In this subtitle, the following definitions apply:

"(1) Child.—The term 'child' means an individual who is 17 years of age or younger.

"(2) Code Adam alert.—The term 'Code Adam alert' means a set of procedures used in public buildings to alert employees and other users of the building that a child is missing.

"(3) Designated authority.—The term 'designated authority' means—

"(A) with respect to a public building owned or leased for use by an Executive agency—

"(i) except as otherwise provided in this paragraph, the Administrator of General Services;

"(ii) in the case of the John F. Kennedy Center for the Performing Arts, the Board of Trustees of the John F. Kennedy Center for the Performing Arts;

"(iii) in the case of buildings under the jurisdiction, custody, and control of the Smithsonian Institution, the Board of Regents of the Smithsonian Institution; or

"(iv) in the case of another public building for which an Executive agency has, by specific or general statutory authority, jurisdiction, custody, and control over the building, the head of that agency;

"(B) with respect to the Supreme Court Building, the Marshal of the Supreme Court; with respect to the Thurgood Marshall Federal Judiciary Building, the Director of the Administrative Office of United States Courts; and with respect to all other public buildings owned or leased for use by an establishment in the judicial branch of government, the General Services Administration in consultation with the United States Marshals Service; and

"(C) with respect to a public building owned or leased for use by an establishment in the legislative branch of government, the Capitol Police Board.

"(4) Executive agency.—The term 'Executive agency' has the same meaning such term has under section 105 of title 5, United States Code.

"(5) Federal agency.—The term 'Federal agency' means any Executive agency or any establishment in the legislative or judicial branches of the Government.

"(6) Public building.—The term 'public building' means any building (or portion thereof) owned or leased for use by a Federal agency.

SEC. 363. PROCEDURES IN PUBLIC BUILDINGS REGARDING A MISSING OR LOST CHILD.

"(a) In general.—Not later than 180 days after the date of enactment of this Act [April 30, 2003], the designated authority for a public building shall establish procedures for locating a child that is missing in the building.

"(b) Notification and search procedures.—Procedures established under this section shall provide, at a minimum, for the following:

"(1) Notifying security personnel that a child is missing.

"(2) Obtaining a detailed description of the child, including name, age, eye and hair color, height, weight, clothing, and shoes.

"(3) Issuing a Code Adam alert and providing a description of the child, using a fast and effective means of communication.

"(4) Establishing a central point of contact.

"(5) Monitoring all points of egress from the building while a Code Adam alert is in effect.

"(6) Conducting a thorough search of the building.

"(7) Contacting local law enforcement.

"(8) Documenting the incident."

Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands

Pub. L. 104–52, title VI, §636, Nov. 19, 1995, 109 Stat. 507, known as the "Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act", required the Administrator of General Services and the head of each Federal agency to promulgate regulations, to be reported to Congress, prohibiting the sale of tobacco products in vending machines or distribution of free samples of tobacco products located in or around any Federal building under the jurisdiction of the Administrator or agency head, and provided that the appropriate congressional committees would promulgate regulations prohibiting tobacco sales in vending machines in certain congressional buildings.

Executive Documents

Executive Order No. 13967

Ex. Ord. No. 13967, Dec. 18, 2020, 85 F.R. 83739, which related to promoting traditional and classical architecture for Federal public buildings, was revoked by Ex. Ord. No. 14018, §1, Feb. 24, 2021, 86 F.R. 11855.
40 U.S.C. § 3312 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 33 / Section 3312: Compliance with nationally recognized codes
Compliance with nationally recognized codes
Status: in_force

(a) Application.—

(1) In general.—This section applies to any project for construction or alteration of a building for which amounts are first appropriated for a fiscal year beginning after September 30, 1989.

(2) National security waiver.—This section does not apply to a building for which the Administrator of General Services or the head of the federal agency authorized to construct or alter the building decides that the application of this section to the building would adversely affect national security. A decision under this subsection is not subject to administrative or judicial review.

(b) Building Codes.—Each building constructed or altered by the General Services Administration or any other federal agency shall be constructed or altered, to the maximum extent feasible as determined by the Administrator or the head of the federal agency, in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes, including electrical codes, fire and life safety codes, and plumbing codes, as the Administrator decides is appropriate. In carrying out this subsection, the Administrator or the head of the federal agency shall use the latest edition of the nationally recognized codes.

(c) Zoning Laws.—Each building constructed or altered by the Administration or any other federal agency shall be constructed or altered only after consideration of all requirements (except procedural requirements) of the following 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:

(1) Zoning laws.

(2) Laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, historic preservation, esthetic qualities of a building, and other similar laws.

(d) Cooperation With State and Local Officials.—

(1) State and local government consultation, review, and inspections.—To meet the requirements of subsections (b) and (c), the Administrator or the head of the federal agency authorized to construct or alter the building—

(A) in preparing plans for the building, shall consult with appropriate officials of the State or political subdivision of a State, or both, in which the building will be located;

(B) on request shall submit the plans in a timely manner to the officials for review by the officials for a reasonable period of time not exceeding 30 days; and

(C) shall permit inspection by the officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if the officials provide to the Administrator or the head of the federal agency—

(i) a copy of the schedule before construction of the building is begun; and

(ii) reasonable notice of their intention to conduct any inspection before conducting the inspection.

(2) Limitation on responsibilities.—This section does not impose an obligation on any State or political subdivision to take any action under paragraph (1).

(e) State and Local Government Recommendations.—Appropriate officials of a State or political subdivision of a State may make recommendations to the Administrator or the head of the federal agency authorized to construct or alter a building concerning measures necessary to meet the requirements of subsections (b) and (c). The officials also may make recommendations to the Administrator or the head of the federal agency concerning measures which should be taken in the construction or alteration of the building to take into account local conditions. The Administrator or the head of the agency shall give due consideration to the recommendations.

(f) Effect of Noncompliance.—An action may not be brought against the Federal Government and a fine or penalty may not be imposed against the Government for failure to meet the requirements of subsection (b), (c), or (d) or for failure to carry out any recommendation under subsection (e).

(g) Limitation on Liability.—The Government and its contractors shall not be required to pay any amount for any action a State or a political subdivision of a State takes to carry out this section, including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1165.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

3312(a)(1) 
40:619(g). 
Pub. L. 86–249, §21, as added Pub. L. 100–678, §6(a), Nov. 17, 1988, 102 Stat. 4051.

3312(a)(2) 
40:619(h).

3312(b) 
40:619(a).

3312(c) 
40:619(b).

3312(d) 
40:619(c).

3312(e) 
40:619(d).

3312(f) 
40:619(e).

3312(g) 
40:619(f).

Executive Documents

Ex. Ord. No. 13728. Wildland-Urban Interface Federal Risk Mitigation

Ex. Ord. No. 13728, May 18, 2016, 81 F.R. 32223, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve the Nation's resilience to wildfire, I hereby direct the following:

Section 1. Policy. It is the policy of the United States to strengthen the security and resilience of the Nation against the impacts of wildfire. The annual estimates on structure loss due to wildfire have increased dramatically over the past six decades as a result of multi-year drought conditions in combination with accumulated fuel loads, growing populations residing in the wildland-urban interface, and associated increases in the exposure of built environments. As such, we must continue to ensure our Nation is resilient to wildfire in order to promote public safety, economic strength, and national security.

The Federal Government must continue to take proactive steps to enhance the resilience of buildings that are owned by the Federal Government and are located on Federal land. Each executive department and agency (agency) responsible for implementing this order shall seek to enhance the resilience of its buildings when making investment decisions to ensure continued performance of essential functions and to reduce risks to its buildings' occupants in the event of a wildfire.

Sec. 2. Codes and Concurrent Requirements. (a) Commencing within 90 days of the completion of the implementing guidelines as described in section 3(b)(i) of this order, each agency shall ensure that every new Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk for which the agency has not completed design is in compliance with the 2015 edition of the International Wildland-Urban Interface Code (IWUIC) promulgated by the International Code Council (ICC), or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312. When the ICC releases a new version of the IWUIC, a determination shall be made whether the new version is a nationally recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later than 2 years after the release of the new version. If a determination is made that a new version is a nationally recognized code, agencies shall ensure that any Federal building covered by this section for which the agency has not completed design is in compliance with that new version, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312.

(b) Commencing within 90 days of the completion of the implementing guidelines as described in section 3(b)(i) of this order, each agency responsible for the alteration of an existing Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk for which the agency has not completed design shall ensure that the alteration is effectuated in compliance with the IWUIC, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312. When the ICC releases a new version of the IWUIC, a determination shall be made whether the new version is a nationally recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later than 2 years after the release of the new version. If a determination is made that a new version is a nationally recognized code, agencies shall ensure that any Federal building covered by this section for which the agency has not completed design is in compliance with that new version, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312.

(c) Each agency that owns an existing Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk is strongly encouraged to ensure that such existing buildings are in compliance with the IWUIC, or an equivalent code.

(d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall complete a wildfire risk assessment of their existing Federal buildings above 5,000 gross square feet within the wildland-urban interface and are strongly encouraged to consider creating and maintaining a defensible space in compliance with the IWUIC, or an equivalent code, for each of those buildings they determine to be at highest risk.

(e) Each agency that leases space in a building to be constructed for the predominant use of an agency above 5,000 rentable square feet in the wildland-urban interface in an area of greater than moderate wildfire risk is strongly encouraged to ensure that the building is designed and constructed in accord with the IWUIC, or an equivalent code.

(f) Each agency assisting in the financing, through Federal grants or loans, or guaranteeing the financing, through loan or mortgage insurance premiums, of a newly constructed building or of an alteration of an existing building above 5,000 gross square feet within the wildland-urban interface at moderate or greater wildfire risk shall consider updating its procedures for providing the assistance to be consistent with sections 2(a) and 2(b) of this order, to ensure appropriate consideration of wildfire-resistant design and construction.

(g) To the extent permitted by law, the heads of all agencies may:

(i) require higher performance levels than exist in the codes described in section 2(a) of this order;

(ii) apply the requirements within section 2(a) of this order to new buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk; and

(iii) apply the requirements within section 2(b) of this order to existing buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk.

(h) When calculating whether a building is at moderate or greater wildfire risk, agencies should act in accordance with the methods described in the 2015 edition of the IWUIC, or any subsequent version that is determined to be a nationally recognized code for the purposes of 40 U.S.C. 3312(b), or an equivalent code, or in accordance with an equivalent method.

(i) Each building constructed or altered in accordance with section 2(a) or (b) of this order shall comply with the IWUIC, or an equivalent code, only to the maximum extent feasible as determined by the head of an agency.

Sec. 3. Agency Responsibilities. (a) The heads of all agencies that own Federal buildings above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk shall determine the appropriate process within their respective agencies to ensure compliance with this order.

(b) The Mitigation Framework Leadership Group (MitFLG) shall:

(i) create implementing guidelines to advise and assist agency compliance with the code requirements within 240 days of the date of this order;

(ii) provide assistance to the agencies in interpreting the implementing guidelines.

(c) When determining whether buildings are located within the wildland-urban interface, agencies shall use the U.S. Department of Agriculture Forest Service's, "The 2010 Wildland-Urban Interface of the Conterminous United States," or an equivalent tool. The Secretary of Agriculture shall provide assistance to the agencies in determining whether buildings are located within the wildland-urban interface.

(d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall submit a report once every 2 years to the Chair of the MitFLG on their progress in implementing the order, commencing 2 years from the date of this order.

Sec. 4. Definition. As used in this order, "building" means a constructed asset that is enclosed with walls and a roof that provides space for agencies to perform activities or store materials as well as provides spaces for people to live or work.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law, including the National Historic Preservation Act of 1966, and subject to the availability of appropriations.

(c) This order applies only to buildings within the United States and its territories and possessions.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.
40 U.S.C. § 3144 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter IV / Section 3144: Authority to pay wages and list contractors violating contracts
Authority to pay wages and list contractors violating contracts
Status: in_force

(a) Payment of Wages.—

(1) In general.—The Secretary of Labor shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this subchapter.

(2) Right of action.—If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor's sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.

(b) List of Contractors Violating Contracts.—

(1) In general.—The Comptroller General shall distribute to all departments of the Federal Government a list of the names of persons whom the Comptroller General has found to have disregarded their obligations to employees and subcontractors.

(2) Restriction on awarding contracts.—No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152; Pub. L. 113–50, §2(a), Nov. 21, 2013, 127 Stat. 578.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

3144(a)(1) 
40:276a–2(a) (1st sentence words before semicolon). 
Mar. 3, 1931, ch. 411, §3, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012.

3144(a)(2) 
40:276a–2(b).

3144(b) 
40:276a–2(a) (1st sentence words after semicolon, last sentence).

In subsection (b), the words "or firms" are omitted as being included in "persons".

Editorial Notes

Amendments

2013—Pub. L. 113–50, §2(a)(1), struck out "of Comptroller General" after "Authority" in section catchline.

Subsec. (a)(1). Pub. L. 113–50, §2(a)(2), substituted "Secretary of Labor" for "Comptroller General".
40 U.S.C. § 548 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 548: Surplus vessels
Surplus vessels
Status: in_force

The Maritime Administration shall dispose of surplus vessels of 1,500 gross tons or more which the Administration determines to be merchant vessels or capable of conversion to merchant use. The vessels shall be disposed of in accordance with part F of subtitle V of title 46 and other laws authorizing the sale of such vessels.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109–304, §17(g)(1), Oct. 6, 2006, 120 Stat. 1708.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

548 
40:484(i). 
June 30, 1949, ch. 288, title II, §203(i), 63 Stat. 386; Pub. L. 97–31, §12(15), Aug. 6, 1981, 95 Stat. 154.

Editorial Notes

Amendments

2006—Pub. L. 109–304 substituted "part F of subtitle V of title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),".
40 U.S.C. § 17507 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 175 / Section 17507: Savings
Savings
Status: in_force

(a) Actions by President Required.—The President shall establish, for each executive agency, goals to reduce outlays for the operation, maintenance, leasing, acquisition, and disposal of motor vehicles in order to reduce, by fiscal year 1988, the total amount of outlays by all executive agencies for the operation, maintenance, leasing, acquisition, and disposal of motor vehicles to an amount which is $150,000,000 less than the amount for the operation, maintenance, leasing, acquisition, and disposal of motor vehicles requested by the President in the budget submitted under section 1105 of title 31 for fiscal year 1986.

(b) Monitoring of Compliance.—The Director of the Office of Management and Budget shall monitor compliance by executive agencies with the goals established by the President under subsection (a) and shall include, in each summary and analysis required under section 17505 of this title, a statement specifying the reductions in expenditures by executive agencies, including the Department of Defense, achieved under those goals.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1285.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

17507 
40:908. 
Pub. L. 99–272, title XV, §15308, Apr. 7, 1986, 100 Stat. 337.

Statutory Notes and Related Subsidiaries

Federal Vehicle Repair Cost Savings

Pub. L. 114–65, Oct. 7, 2015, 129 Stat. 551, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Federal Vehicle Repair Cost Savings Act of 2015'.

"SEC. 2. FINDINGS.

"Congress finds that, in March 2013, the Government Accountability Office issued a report that confirmed that—

"(1) there are approximately 588,000 vehicles in the civilian Federal fleet;

"(2) Federal agencies spent approximately $975,000,000 on repair and maintenance of the Federal fleet in 2011;

"(3) remanufactured vehicle components, such as engines, starters, alternators, steering racks, and clutches, tend to be less expensive than comparable new replacement parts; and

"(4) the United States Postal Service and the Department of the Interior both informed the Government Accountability Office that the respective agencies rely on the use of remanufactured vehicle components to reduce costs.

"SEC. 3. DEFINITIONS.

"In this Act—

"(1) the term 'Federal agency' has the meaning given that term in section 102 of title 40, United States Code; and

"(2) the term 'remanufactured vehicle component' means a vehicle component (including an engine, transmission, alternator, starter, turbocharger, steering, or suspension component) that has been returned to same-as-new, or better, condition and performance by a standardized industrial process that incorporates technical specifications (including engineering, quality, and testing standards) to yield fully warranted products.

"SEC. 4. REQUIREMENT TO USE REMANUFACTURED VEHICLE COMPONENTS.

"The head of each Federal agency—

"(1) shall encourage the use of remanufactured vehicle components to maintain Federal vehicles, if using such components reduces the cost of maintaining the Federal vehicles while maintaining quality; and

"(2) shall not encourage the use of remanufactured vehicle components to maintain Federal vehicles, if using such components—

"(A) does not reduce the cost of maintaining Federal vehicles;

"(B) lowers the quality of vehicle performance, as determined by the employee of the Federal agency responsible for the repair decision; or

"(C) delays the return to service of a vehicle."
40 U.S.C. § 622 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VII / Section 622: Collocation among United States Postal Service properties
Collocation among United States Postal Service properties
Status: in_force

(a) Identification of Postal Property.—Each year, the Postmaster General shall—

(1) identify a list of postal properties with space available for use by Federal agencies; and

(2) not later than September 30, submit the list to—

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) the Committee on Oversight and Government Reform of the House of Representatives.

(b) Voluntary Identification of Postal Property.—Each year, the Postmaster General may submit the list under subsection (a) to the Council.

(c) Submission of List of Postal Properties to Federal Agencies.—

(1) In general.—Not later than 30 days after the completion of a list under subsection (a), the Council shall provide the list to each Federal agency.

(2) Review by federal agencies.—Not later than 90 days after the receipt of the list submitted under paragraph (1), each Federal agency shall—

(A) review the list;

(B) review properties under the control of the Federal agency; and

(C) recommend collocations if appropriate.

(d) Terms of Collocation.—On approval of the recommendations under subsection (c) by the Postmaster General and the applicable agency head, the Federal agency or appropriate landholding entity may work with the Postmaster General to establish appropriate terms of a lease for each postal property.

(e) Rule of Construction.—Nothing in this section exceeds, modifies, or supplants any other Federal law relating to any competitive bidding process governing the leasing of postal property.

(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1609.)

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
40 U.S.C. § 8102 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter I / Section 8102: Protection of Federal Government buildings in District of Columbia
Protection of Federal Government buildings in District of Columbia
Status: in_force

The Attorney General and the Secretary of the Treasury may prohibit—

(1) a vehicle from parking or standing on a street or roadway adjacent to a building in the District of Columbia—

(A) at least partly owned or possessed by, or leased to, the Federal Government; and

(B) used by law enforcement authorities subject to their jurisdiction; and

(2) a person or entity from conducting business on property immediately adjacent to a building described in paragraph (1).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

8102 
40:137. 
Pub. L. 104–132, title VIII, §803, Apr. 24, 1996, 110 Stat. 1305.
40 U.S.C. § 15701 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 157 / Subchapter I / Section 15701: Consent of States
Consent of States
Status: in_force

This subtitle does not require a State to engage in or accept a program under this subtitle without its consent.

(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1479, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2241.)

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
40 U.S.C. § 8723 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 87 / Subchapter III / Section 8723: Capital improvements
Capital improvements
Status: in_force

(a) Six-Year Program of Public Works Projects.—The National Capital Planning Commission shall recommend a six-year program of public works projects for the Federal Government which the Commission shall review annually with the agencies concerned. Each federal agency shall submit to the Commission in the first quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs.

(b) Submission of Multiyear Capital Improvement Plan.—By February 1 of each year, the Mayor of the District of Columbia shall submit to the Commission a copy of the multiyear capital improvements plan for the District of Columbia that the Mayor develops under section 444 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 800). The Commission has 30 days in which to comment on the plan but may not change or disapprove of the plan.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1223.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

8723 
40:71f. 
June 6, 1924, ch. 270, §7, as added July 19, 1952, ch. 949, §1, 66 Stat. 789; Pub. L. 93–198, title II, §203(f), Dec. 24, 1973, 87 Stat. 782.

In subsection (b), the words "District of Columbia Home Rule Act" are substituted for "District of Columbia of Columbia Self-Government and Governmental Reorganization Act" because of section 11717(b) of the Balanced Budget Act of 1997 (Public Law 105–33, 111 Stat. 786).

Editorial Notes

References in Text

Section 444 of the District of Columbia Home Rule Act, referred to in subsec. (b), is section 444 of Pub. L. 93–198, title IV, Dec. 24, 1973, 87 Stat. 800, which is not classified to the Code.
40 U.S.C. § 9504 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 95 / Section 9504: Reports
Reports
Status: in_force

As superintendent of the Washington Aqueduct, the Chief of Engineers annually shall submit to the Secretary of the Army, within nine months after the end of the fiscal year, a report of the Chief of Engineers' operations for that year and a report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under the charge of the Chief of Engineers.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

9504 
40:50. 
R.S. §1812; Pub. L. 96–470, title II, §202(a), Oct. 19, 1980, 94 Stat. 2242.

The provisions of section 1812 of the Revised Statues [sic] which authorized the Chief of Engineers, as Superintendent of Public Buildings and Grounds, to report to the Secretary of War concerning the Chief of Engineers' operations for the preceding year, including an account of the manner in which all appropriations for public buildings and grounds had been applied, are omitted because the Office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers and the Secretary of War with respect to the Superintendent of Public Buildings and Grounds were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). Those functions subsequently were transferred to the National Park Service by section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the Public Buildings Administrator in the Federal Works Agency by sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
40 U.S.C. § 14703 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 147 / Section 14703: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) In General.—In addition to amounts made available under section 14501, there is authorized to be appropriated to the Appalachian Regional Commission to carry out this subtitle—

(1) $87,000,000 for fiscal year 2008;

(2) $100,000,000 for fiscal year 2009;

(3) $105,000,000 for fiscal year 2010;

(4) $108,000,000 for fiscal year 2011;

(5) $110,000,000 for each of fiscal years 2012 through 2021; and

(6) $200,000,000 for each of fiscal years 2022 through 2026.

(b) Economic and Energy Development Initiative.—Of the amounts made available under subsection (a), the following amounts may be used to carry out section 14508—

(1) $12,000,000 for fiscal year 2008;

(2) $12,500,000 for fiscal year 2009;

(3) $13,000,000 for fiscal year 2010;

(4) $13,500,000 for fiscal year 2011; and

(5) $14,000,000 for fiscal year 2012.

(c) High-speed Broadband Deployment Initiative.—Of the amounts made available under subsection (a), $20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026.

(d) Appalachian Regional Energy Hub Initiative.—Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.

(e) Availability.—Amounts made available under subsection (a) remain available until expended.

(f) Allocation of Funds.—Funds approved by the Appalachian Regional Commission for a project in a State in the Appalachian region pursuant to a congressional directive shall be derived from the total amount allocated to the State by the Appalachian Regional Commission from amounts appropriated to carry out this subtitle.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1278; Pub. L. 110–371, §5, Oct. 8, 2008, 122 Stat. 4041; Pub. L. 114–94, div. A, title I, §1436(b), Dec. 4, 2015, 129 Stat. 1431; Pub. L. 116–159, div. B, title I, §1107(a), Oct. 1, 2020, 134 Stat. 727; Pub. L. 117–58, div. A, title I, §11506(f), Nov. 15, 2021, 135 Stat. 586.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

14703 
40 App.:401. 
Pub. L. 89–4, title IV, §401, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90–103, title I, §122, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91–123, title I, §109, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92–65, title II, §212, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94–188, title I, §121, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96–506, §3(5), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97–35, title XVIII, §1822(a)(3), (4), Aug. 13, 1981, 95 Stat. 767; Pub. L 105–393, title II, §221, Nov. 13, 1998, 112 Stat. 3625; Pub. L. 107–149, §10, Mar. 12, 2002, 116 Stat. 70.

Editorial Notes

Amendments

2021—Subsec. (a)(6). Pub. L. 117–58, §11506(f)(1), added par. (6).

Subsec. (c). Pub. L. 117–58, §11506(f)(2), substituted "$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026" for "$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021".

Subsecs. (d) to (f). Pub. L. 117–58, §11506(f)(3), (4), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

2020—Subsec. (a)(5). Pub. L. 116–159, §1107(a)(1), substituted "2021" for "2020".

Subsec. (c). Pub. L. 116–159, §1107(a)(2), substituted "2021" for "2020".

2015—Subsec. (a)(5). Pub. L. 114–94, §1436(b)(1), substituted "each of fiscal years 2012 through 2020" for "fiscal year 2012".

Subsecs. (c) to (e). Pub. L. 114–94, §1436(b)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

2008—Subsec. (a). Pub. L. 110–371, §5(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations to the Appalachian Regional Commission for fiscal years 2002 to 2006.

Subsec. (b). Pub. L. 110–371, §5(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) authorized appropriations to carry out section 14504 of this title for fiscal years 2002 to 2006.

Subsec. (d). Pub. L. 110–371, §5(c), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1436(d) of Pub. L. 114–94, set out as an Effective Date note under section 14509 of this title.
40 U.S.C. § 585 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 585: Lease agreements
Lease agreements
Status: in_force

(a) In General.—

(1) Authority.—The Administrator of General Services may enter into a lease agreement with a person, copartnership, corporation, or other public or private entity for the accommodation of a federal agency in a building (or improvement) which is in existence or being erected by the lessor to accommodate the federal agency. The Administrator may assign and reassign the leased space to a federal agency.

(2) Terms.—A lease agreement under this subsection shall be on terms the Administrator considers to be in the interest of the Federal Government and necessary for the accommodation of the federal agency. However, the lease agreement may not bind the Government for more than 20 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31.

(b) Sublease.—

(1) Application.—This subsection applies to rent received if the Administrator—

(A) determines that an unexpired portion of a lease of space to the Government is surplus property; and

(B) disposes of the property by sublease.

(2) Use of rent.—Notwithstanding section 571(a) of this title, the Administrator may deposit rent received into the Federal Buildings Fund. The Administrator may defray from the fund any costs necessary to provide services to the Government's lessee and to pay the rent (not otherwise provided for) on the lease of the space to the Government.

(c) Amounts for Rent Available for Lease of Buildings on Government Land.—Amounts made available to the General Services Administration for the payment of rent may be used to lease space, for a period of not more than 30 years, in buildings erected on land owned by the Government.

(d) Any bargain-price option to purchase at less than fair market value contained in any lease agreement entered into on or after January 1, 2021, pursuant to this section may be exercised only to the extent specifically provided for in subsequent appropriation Acts or other Acts of Congress.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1112; Pub. L. 117–257, §1, Dec. 21, 2022, 136 Stat. 2371.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

585(a) 
40:490(h)(1). 
June 30, 1949, ch. 288, title II, §210(h)(1), as added Pub. L. 85–493, §1, July 2, 1958, 72 Stat. 294; Pub. L. 86–249, §12(e), formerly §12(d), Sept. 9, 1959, 73 Stat. 482; redesignated §12(e), Pub. L. 94–541, title I, §103(3) (related to §12(e)), Oct. 18, 1976, 90 Stat. 2506.

 
40:490e. 
Pub. L. 101–136, title IV, §22, Nov. 3, 1989, 103 Stat. 807.

585(b) 
40:490(h)(2). 
June 30, 1949, ch. 288, title II, §210(h)(2), as added Pub. L. 85–493, §1, July 2, 1958, 72 Stat. 294.

585(c) 
40:490d. 
Pub. L. 101–136, title IV, §5, Nov. 3, 1989, 103 Stat. 802.

In subsection (b)(2), the words "Federal Buildings Fund" are substituted for "buildings management fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3).

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–257 added subsec. (d).

Statutory Notes and Related Subsidiaries

Secure Federal Leases from Espionage And Suspicious Entanglements

Pub. L. 116–276, Dec. 31, 2020, 134 Stat. 3362, provided that:

"SECTION 1. SHORT TITLE; FINDINGS.

"(a) Short Title.—This Act may be cited as the 'Secure Federal Leases from Espionage And Suspicious Entanglements Act' or the 'Secure Federal LEASEs Act'.

"(b) Findings.—Congress finds that—

"(1) the Government Accountability Office has reported that the Federal Government often leases high-security space from private sector landlords;

"(2) the General Services Administration collects highest-level and immediate ownership information through the System for Award Management, but it is not currently required to collect beneficial ownership information and lacks an adequate system for doing so;

"(3) the General Services Administration and Federal agencies with leasing authority may not know if foreign owners have a stake in the buildings leased by the agencies, either through foreign-incorporated legal entities or through ownership in United States-incorporated legal entities, even when the leased space is used for classified operations or to store sensitive data; and

"(4) according to a report of the Government Accountability Office, dated January 2017, that examined the risks of foreign ownership of Government-leased real estate, 'leasing space in foreign-owned buildings could present security risks such as espionage and unauthorized cyber and physical access'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) Beneficial owner.—

"(A) In general.—Except as provided in subparagraph (B), the term 'beneficial owner' means, with respect to a covered entity, each natural person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—

"(i) exercises control over the covered entity; or

"(ii) has a substantial interest in or receives substantial economic benefits from the assets of the covered entity.

"(B) Exceptions.—The term 'beneficial owner' does not include, with respect to a covered entity—

"(i) a minor child;

"(ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;

"(iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person;

"(iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or

"(v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A).

"(C) Anti-abuse rule.—The exceptions under subparagraph (B) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this Act.

"(2) Control.—The term 'control' means, with respect to a covered entity—

"(A) having the authority or ability to determine how a covered entity is utilized; or

"(B) having some decision-making power for the use of a covered entity.

"(3) Covered entity.—The term 'covered entity' means—

"(A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or

"(B) any governmental entity or instrumentality of a government.

"(4) Executive agency.—The term 'Executive agency' has the meaning given the term in section 105 of title 5, United States Code.

"(5) Federal agency.—The term 'Federal agency' means any Executive agency or any establishment in the legislative or judicial branch of the Government.

"(6) Federal lessee.—The term 'Federal lessee'—

"(A) means the Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority; and

"(B) does not include the head of an element of the intelligence community.

"(7) Federal tenant.—The term 'Federal tenant'—

"(A) means a Federal agency that is occupying or will occupy a high-security leased space for which a lease agreement has been secured on behalf of the Federal agency; and

"(B) does not include an element of the intelligence community.

"(8) Foreign entity.—The term 'foreign entity' means a covered entity that is headquartered or incorporated in a country that is not the United States.

"(9) Foreign person.—The term 'foreign person' means an individual who is not a United States person.

"(10) High-security leased space.—The term 'high-security leased space' means a space leased by a Federal lessee that—

"(A) will be occupied by Federal employees for nonmilitary activities; and

"(B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Department of Homeland Security, and the General Services Administration.

"(11) Highest-level owner.—The term 'highest-level owner' means the entity that owns or controls an immediate owner of the offeror of a lease, or that owns or controls 1 or more entities that control an immediate owner of the offeror.

"(12) Immediate owner.—The term 'immediate owner' means an entity, other than the offeror of a lease, that has direct control of the offeror, including ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"(13) Intelligence community.—The term 'intelligence community' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

"(14) Substantial economic benefits.—The term 'substantial economic benefits' means, with respect to a natural person described in paragraph (1)(A)(ii), having an entitlement to the funds or assets of a covered entity that, as a practical matter, enables the person, directly or indirectly, to control, manage, or direct the covered entity.

"(15) United states person.—The term 'United States person' means an individual who—

"(A) is a citizen of the United States; or

"(B) is an alien lawfully admitted for permanent residence in the United States.

"(16) Widely held.—The term 'widely held' means a fund that has not less than 100 natural persons as direct or indirect investors.

"SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR FEDERAL AGENCIES.

"(a) Required Disclosures.—Before entering into a lease agreement with a covered entity or approving a novation agreement with a covered entity involving a change of ownership under a lease that will be used for high-security leased space, a Federal lessee shall require the covered entity to identify and disclose whether the immediate or highest-level owner of the leased space, including an entity involved in the financing thereof, is a foreign person or a foreign entity, including the country associated with the ownership entity.

"(b) Notification.—If a disclosure is made under subsection (a), the Federal lessee shall notify the Federal tenant of the building or other improvement that will be used for high-security space in writing, and consult with the Federal tenant, regarding security concerns and necessary mitigation measures, if any, prior to award of the lease or approval of the novation agreement.

"(c) Timing.—

"(1) In general.—A Federal lessee shall require a covered entity to provide the information described in subsection (a) when first submitting a proposal in response to a solicitation for offers issued by the Federal lessee.

"(2) Updates.—A Federal lessee shall require a covered entity to submit an update of the information described in subsection (a) annually, beginning on the date that is 1 year after the date on which the Federal tenant began occupancy, with information including—

"(A) the list of immediate or highest-level owners of the covered entity during the preceding 1-year period of Federal occupancy; or

"(B) the information required to be provided relating to each such immediate or highest-level owner.

"SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS.

"(a) Plan.—The General Services Administration, in coordination with the Office of Management and Budget, shall develop a Government-wide plan for agencies (as such term is defined in section 551 of title 5, United States Code) for identifying all immediate, highest-level, or beneficial owners of high-security leased spaces before entering into a lease agreement with a covered entity for the accommodation of a Federal tenant in a high-security leased space.

"(b) Requirements.—

"(1) Contents.—The plan described in subsection (a) shall include a process for collecting and utilizing the following information on each immediate, highest-level, or beneficial owner of a high-security leased space:

"(A) Name.

"(B) Current residential or business street address.

"(C) An identifying number or document that verifies identity as a United States person, foreign person, or foreign entity.

"(2) Disclosures and notifications.—The plan described in subsection (a) shall—

"(A) require the disclosure of any immediate, highest-level, or beneficial owner that is a foreign person;

"(B) require that, if the Federal lessee is assigning the building or other improvement that will be used for high-security space to a Federal tenant, the Federal tenant shall be notified of the disclosure described in subparagraph (A); and

"(C) exclude collecting ownership information on widely held pooled-investment vehicles, mutual funds, trusts, or other pooled-investment vehicles.

"(c) Report and Implementation.—The General Services Administration shall—

"(1) not later than 1 year after the date of enactment of this Act [Dec. 31, 2020], submit the plan described in subsection (a) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives;

"(2) not later than 2 years after the date of enactment of this Act, implement the plan described in subsection (a); and

"(3) not later than 1 year after the implementation of the plan described in subsection (a), and each year thereafter for 9 years, submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the implementation of the plan, including the number of disclosures made under subsection (b)(2).

"SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE.

"A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include language that provides that—

"(1) the covered entity and any member of the property management company who may be responsible for oversight or maintenance of the high-security leased space shall not—

"(A) maintain access to the high-security leased space; or

"(B) have access to the high-security leased space without prior approval from the Federal tenant;

"(2) access to the high-security leased space or any property or information located within that space will only be granted by the Federal tenant if the Federal tenant determines that the access is clearly consistent with the mission and responsibilities of the Federal tenant; and

"(3) the Federal lessee shall have written procedures in place, signed by the Federal lessee and the covered entity, governing access to the high-security leased space in case of emergencies that may damage the leased property.

"SEC. 6. AGENCY NOTIFICATIONS.

"Not later than 60 days after the date of enactment of this Act [Dec. 31, 2020], the Administrator of General Services, in consultation with the Office of Management and Budget, shall provide notification to relevant Executive branch agencies with independent leasing authorities of the requirements of this Act.

"SEC. 7. APPLICABILITY.

"Except where otherwise provided, this Act shall apply with respect to any lease or novation agreement entered into on or after the date that is 6 months after the date of enactment of this Act."

Lease of Building Space by Wholly Owned Government Corporations

Act July 30, 1947, ch. 358, title III, §306, 61 Stat. 584, provided in part that: "Wholly owned Government corporations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of such Act of March 1, 1919, as amended [ch. 86, §10, 40 Stat. 1269] ([former] 40 U.S.C. 1), and shall pay such rental thereon as may be determined by the Federal Works Administrator [Administrator of General Services], such rental to include all cost of maintenance, upkeep, and repair."
40 U.S.C. § 125 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 1 / Subchapter III / Section 125: Library memberships
Library memberships
Status: in_force

Amounts appropriated may be used, when authorized by the Administrator of General Services, for payment in advance for library memberships in societies whose publications are available to members only, or to members at a lower price than that charged to the general public.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

125 
40:475(a). 
June 30, 1949, ch. 288, title VI, §603(a), formerly §503(a), 63 Stat. 403; renumbered [§] 603(a), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, §7(g), 64 Stat. 590.

The words "such sums as may be necessary to carry out the provisions of this Act" are omitted as unnecessary.
40 U.S.C. § 17504 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 175 / Section 17504: Agency statements with respect to motor vehicle use
Agency statements with respect to motor vehicle use
Status: in_force

(a) Contents of Statement.—The head of each executive agency shall include with the appropriation request the agency submits under section 1108 of title 31 for each fiscal year, a statement—

(1) specifying—

(A) the total motor vehicle acquisition, maintenance, leasing, operation, and disposal costs (including obligations and outlays) the agency incurred in the most recently completed fiscal year; and

(B) an estimate of those costs for the fiscal year in which the request is submitted and for the succeeding fiscal year; and

(2) justifying why the existing and any new motor vehicle acquisition, maintenance, leasing, operation, and disposal requirements of the agency cannot be met through the Interagency Fleet Management System the Administrator of General Services operates, a qualified private fleet management firm, or any other method which is less costly to the Federal Government.

(b) Compliance With Requirements.—The head of each executive agency shall comply with the requirements prescribed under section 17503(b) of this title in preparing each statement required under subsection (a).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1284; Pub. L. 109–284, §6(32), Sept. 27, 2006, 120 Stat. 1214.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

17504 
40:903. 
Pub. L. 99–272, title XV, §15303, Apr. 7, 1986, 100 Stat. 336.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–284 substituted "With" for "with" in heading.
40 U.S.C. § 301 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 3 / Subchapter I / Section 301: Establishment
Establishment
Status: in_force

The General Services Administration is an agency in the executive branch of the Federal Government.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

301 
40:751(a). 
June 30, 1949, ch. 288, title I, §101(a), 63 Stat. 379.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the General Services Administration, including the functions of the Administrator of General Services relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(5), 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

5-Year Plans for Federal Building Construction and Land Port-of-Entry Projects

Pub. L. 111–117, div. C, title V, Dec. 16, 2009, 123 Stat. 3188, provided in part: "That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall include a detailed 5-year plan for Federal building construction projects with a yearly update of total projected future funding needs: Provided further, That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall, in consultation with U.S. Customs and Border Protection, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs".

Similar provisions were contained in the following prior appropriation act:

Pub. L. 111–8, div. D, title V, Mar. 11, 2009, 123 Stat. 660.

Executive Documents

REORGANIZATION PLAN NO. 18 OF 1950

Eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

BUILDING AND SPACE MANAGEMENT FUNCTIONS

Section 1. Transfer of Space Assignment and Leasing Functions

All functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), are hereby transferred from the respective agencies in which such functions are now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—

(a) space in buildings located in any foreign country;

(b) space in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy yard, naval training station, air-field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative;

(c) space occupied by the Post Office Department in post-office buildings and space acquired by lease for post-office purposes; and

(d) space in other Government-owned buildings which the Administrator of General Services finds are wholly or predominantly utilized for the special purposes of the agency having the custody thereof and are not generally suitable for the use of other agencies (including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions), and space acquired by lease for any such purpose:

Provided, That the space needs of the Post Office Department shall be given priority in the assignment and reassignment of space in post office buildings.

Sec. 2. Transfer of Office Building Management Functions

All functions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by the Director of the Bureau of the Budget, are not used predominantly for post-office purposes, are hereby transferred from the respective agencies in which now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—

(a) any building located in any foreign country;

(b) any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative;

(c) any building which the Administrator of General Services finds to be a part of a group of buildings which are (1) located in the same vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (3) are not generally suitable for the use of other agencies; and

(d) the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Bureau of Standards, and the buildings under the jurisdiction of the regents of the Smithsonian Institution.

[References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of Pub. L. 100–418, set out as a Change of Name note under 15 U.S.C. 271.]

Sec. 3. Performance of Transferred Functions

(a) The Administrator of General Services may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the General Services Administration of any function transferred to such Administrator by the provisions of this reorganization plan.

(b) When authorized by the Administrator of General Services, any function transferred to him by the provisions of this reorganization plan may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate: Provided, That functions with respect to post-office buildings shall not be delegated under the authority of this subsection to the head of any agency other than the Postmaster General.

(c) The Administrator of General Services shall prescribe such regulations as he deems desirable for the economical and effective performance of the functions transferred by the provisions of this reorganization plan.

Sec. 4. Transfer of Personnel, Property, Records, and Funds

There shall be transferred from time to time, between the agencies concerned and for use in connection with the functions transferred by the provisions of this reorganization plan, so much of the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds, relating to such functions, as may be necessary for the performance of said functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate.

Sec. 5. Effective Date

The provisions of this reorganization plan shall take effect on the 1st day of July 1950.

[The Post Office Department has been redesignated the United States Postal Service pursuant to Pub. L. 91–375, §6(o), Aug. 12, 1970, 84 Stat. 783, set out as a note preceding section 101 of Title 39, Postal Service.]

Message of the President

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 18 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers to the Administrator of General Services the functions of the various Federal agencies with respect to leasing and assigning general-purpose space in buildings and the operation, maintenance, and custody of office buildings. Since such authority is already largely concentrated in the General Services Administration with respect to the District of Columbia, the plan principally relates to the administration of these functions in the field.

The transfers made by this plan will promote more economical leasing, better utilization of building space, and more efficient operation of Government-controlled office buildings. They will effectuate the recommendations of the Commission on Organization of the Executive Branch of the Government with respect to concentrating in the General Services Administration the responsibility for space allotment and the operation of Government buildings outside of the District of Columbia. Likewise, they will extend the principles laid down by the Congress in enacting the Federal Property and Administrative Services Act of 1949 to another important area of Government-wide administrative services—the administration of Government office buildings and general-purpose building space in the field.

Within the District of Columbia, one agency, the Public Buildings Service of the General Services Administration, has long had the operation and custody of most Government buildings and the leasing and assignment of space for executive agencies. Thus, nearly all requests for building space are handled by a single organization which is responsible for seeing that agencies are properly and efficiently housed. This arrangement has proved its worth and has repeatedly been approved by the Congress.

Outside of the National Capital, however, responsibility for the acquisition and control of building space and the operation of Government buildings is widely diffused. A variety of agencies operate and control general-purpose buildings. If quarters are not available in Federal buildings, each agency ordinarily does its own leasing. As a result, in some cases Federal agencies have contracted for space at high rentals at the very time that other agencies have been giving up surplus low-cost space.

The assignment of space in Government-owned buildings outside of Washington is also divided among a number of agencies. While the Public Buildings Service constructs a large part of the Government buildings, it operates and controls the assignment of space in only a small proportion of them. The Post Office Department operates and allocates the space in post-office buildings, several hundred of which contain substantial amounts of office space available for other agencies. During and immediately after the war several other Federal agencies acquired office buildings in the field. As their activities have contracted, surplus space in many of these structures has become available for other uses.

This plan concentrates in the General Services Administration the responsibility for the leasing and assignment of what is termed general-purpose building space; that is, space which is suitable for the uses of a number of Federal agencies. It specifically excludes space in buildings at military posts, arsenals, navy yards, and similar defense installations and space in hospitals, laboratories, factories, and other special-purpose buildings.

Also, the plan excludes the Post Office Department from the transfer of leasing authority since the Department has a highly developed organization for this purpose, and it limits the transfer of space assignment authority in post-office buildings to the space not occupied by the Department. Further, it gives the needs of the Post Office Department priority in the assignment of space in post-office buildings. Thus, the plan amply safeguards the interests of the Post Office Department while making it possible to include the general office space in post-office buildings in any given city with other similar space under Federal control in planning and executing an efficient program for housing Government agencies in that area.

In addition, the plan transfers to the General Services Administration the operation, maintenance, and custody of office buildings owned or leased by the Government, including those post-office buildings which are not used predominantly for post-office purposes. This will make it possible to establish a single organization for the operation and maintenance of Government office buildings in principal cities in the field as has proved desirable in the National Capital. Since many post offices are in fact primarily large office buildings, the plan includes in this transfer the post-office buildings which are not used predominantly for post-office purposes. This will relieve the Post Office Department of a considerable expenditure for building operation and maintenance which properly should not be charged against postal revenues.

While the plan effects a broad transfer of functions with respect to leasing and assignment of space and the operation and maintenance of office buildings, it specifically authorizes the Administrator of General Services to delegate the performance of any part of these functions to other agencies subject to such regulations as he deems desirable for economical and effective administration. In this the plan follows the pattern adopted by the Federal Property and Administrative Services Act of 1949 for other branches of property management. In large urban centers where numerous Federal units are located unified administration of space activities by the General Services Administration will normally be advantageous. On the other hand, in the smaller communities it will no doubt be desirable to delegate the work back to the agencies directly affected, to be carried on under standards laid down by the Administrator of General Services. The plan provides ample flexibility for working out the most effective administrative arrangement for each type of situation.

The fundamental soundness and economy of centralized administration of building space have been amply demonstrated in the National Capital. By virtue of unified control it has been possible since the war to accomplish far-reaching changes which have consolidated agencies in much fewer locations, released many of the rented buildings, and greatly reduced the cost of housing the Government establishment. Similar procedures applied in the larger centers of field activity should produce substantial savings.

After investigation, I have found, and hereby declare, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949.

While it is not possible at this time to calculate the reduction in expenditures which will result from this plan, it can safely be predicted that it will produce substantial savings. I am confident that this reorganization plan will constitute a significant improvement in Federal business practice and will bring about an important increase in efficiency in housing Government agencies.

Harry S Truman.      

Ex. Ord. No. 13538. Establishing the President's Management Advisory Board

Ex. Ord. No. 13538, Apr. 19, 2010, 75 F.R. 20895, as amended by Ex. Ord. No. 13652, §4, Sept. 30, 2013, 78 F.R. 61818, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Establishment. There is established within the General Services Administration (GSA) the President's Management Advisory Board (PMAB).

Sec. 2. Mission. (a) The PMAB shall provide the President and the President's Management Council (PMC) advice and recommendations on effective strategies for the implementation of best business practices on matters related to Federal Government management and operation, with a particular focus on productivity, the application of technology, and customer service.

(b) The functions of the PMAB shall be advisory only.

Sec. 3. Membership. (a) The PMAB shall consist of not more than 18 members, one of whom shall be the Deputy Director for Management of the Office of Management and Budget (DDM). The remaining 17 members shall be appointed by the President from among distinguished citizens from outside the Federal Government who are qualified on the basis of a proven record of sound judgment in leading or governing large, complex, or innovative private sector corporations or entities and a wealth of top-level business experience in the areas of executive management, audit and finance, human resources and compensation, customer service, streamlining operations, and technology. Each of these 17 members may serve as a representative of his or her industry, trade group, public interest group, or other organization or group. The composition of the PMAB shall reflect the views of diverse stakeholders.

(b) The DDM shall serve as Chair of the PMAB. The Chair shall convene and preside at meetings of the PMAB, determine its agenda, and direct its work.

(c) Members appointed by the President shall serve for a term of 2 years and shall be eligible for reappointment. Members may continue to serve after the expiration of their terms until the appointment of a successor.

Sec. 4. Administration. (a) The General Services Administration shall provide funding and administrative support for the PMAB to the extent permitted by law and within existing appropriations.

(b) All executive departments, agencies, and offices shall provide information and assistance to the PMAB as the Chair may request for purposes of carrying out the PMAB's functions, to the extent permitted by law.

(c) The PMAB shall have a staff headed by an Executive Director, who shall be a full-time or permanent part-time Federal employee appointed by the Chair. The PMAB shall also have a Designated Federal Officer (DFO) in accordance with the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (FACA). The Executive Director may serve as the DFO.

(d) Members of the PMAB shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), consistent with the availability of funds.

Sec. 5. Termination. The PMAB shall terminate 2 years after the date of this order unless extended by the President.

Sec. 6. General Provisions. (a) Insofar as the FACA may apply to the PMAB, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Administrator of General Services in accordance with the guidelines that have been issued by the Administrator of General Services.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to an executive department, agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.      

Extension of Term of President's Management Advisory Board

Term of President's Management Advisory Board extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.

Previous extensions of term of President's Management Advisory Board were contained in the following prior Executive Orders:

Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.

Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, extended term until Sept. 30, 2013.
40 U.S.C. § 6923 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 69 / Subchapter II / Section 6923: Compensation and expenses
Compensation and expenses
Status: in_force

Members of the National Visitor Facilities Advisory Commission who are not officers or employees of the Federal Government or the government of the District of Columbia are entitled to receive compensation under section 3109 of title 5 and expenses under section 5703 of title 5.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

6923 
40:822(b). 
Pub. L. 90–264, title II, §202(b), Mar. 12, 1968, 82 Stat. 45.

The words "expenses under section 5703 of title 5" are substituted for "travel expenses including per diem in lieu of subsistence as authorized by section 5703 of title 5 for persons in the government service employed intermittently" to eliminate unnecessary words.
40 U.S.C. § 8731 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 87 / Subchapter IV / Section 8731: Acquiring land for park, parkway, or playground purposes
Acquiring land for park, parkway, or playground purposes
Status: in_force

(a) Authority To Acquire Land.—The National Capitol Planning Commission shall acquire land the Planning Commission believes is necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia for suitable development of the National Capital park, parkway, and playground system. The acquisition must be within the limits of the appropriations made for those purposes. The Planning Commission shall request the advice of the Commission of Fine Arts in selecting land to be acquired.

(b) How Land May Be Acquired.—

(1) Purchase or condemnation proceeding.—The National Capital Planning Commission may buy land when the land can be acquired at a price the Planning Commission considers reasonable or by a condemnation proceeding when the land cannot be bought at a reasonable price.

(2) Land in the district of columbia.—A condemnation proceeding to acquire land in the District of Columbia shall be conducted in accordance with section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 571).

(3) Land in maryland or virginia.—The Planning Commission may acquire land in Maryland or Virginia under arrangements agreed to by the Commission and the proper officials of Maryland or Virginia.

(c) Control of Land.—

(1) Land in the district of columbia.—Land acquired in the District of Columbia shall be a part of the park system of the District of Columbia and be under the control of the Director of the National Park Service. The National Capital Planning Commission may assign areas suitable for playground purposes to the control of the Mayor of the District of Columbia for playground purposes.

(2) Land in maryland or virginia.—Land acquired in Maryland or Virginia shall be controlled as determined by agreement between the Planning Commission and the proper officials of Maryland or Virginia.

(d) Presidential Approval Required.—The designation of all land to be acquired by condemnation, all contracts to purchase land, and all agreements between the National Capital Planning Commission and the officials of Maryland and Virginia are subject to the approval of the President.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

8731(a) 
40:72 (1st, 4th sentences). 
June 6, 1924, ch. 270, §11, formerly §2, 43 Stat. 463; renumbered §11, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791.

8731(b) 
40:72 (2d, 3d sentence).

8731(c) 
40:73 (3d–last sentences). 
June 6, 1924, ch. 270, §12 (3d–last sentences), formerly §3 (3d–last sentences), 43 Stat. 463; renumbered §12, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791.

8731(d) 
40:72 (last sentence).

In subsection (a), the words "or a majority thereof" are omitted as unnecessary.

In subsection (b)(2), the words "section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 572)" are substituted for 40:72 (2d sentence words after "in accordance with") because provisions in section 3 of the Act of August 30, 1890 (ch. 837, 26 Stat. 412), established the act as permanent and general. The act therefore was classified to 40:120, which was superseded by the Act of March 1, 1929 (ch. 416, 45 Stat. 1415), which was classified to 40:361 et seq. That law was repealed by section 21(b) of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 627), with the subject matter of those sections being restated in section 1 of that Act.

In subsection (b)(3), the words "either by purchase or condemnation proceedings" and "as to acquisition and payment for the lands as it shall determine upon" are omitted as unnecessary.

In subsection (c)(1), the words "Director of the National Park Service" are substituted for "Chief of Engineers of the United States Army" [subsequently changed to "Director of Public Buildings and Public Parks" by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)] because of section 1(words before 3d comma in 2d complete par. on p. 389) of the Act of March 2, 1934 (ch. 38, 48 Stat. 389).

In subsection (c)(2), the words "in Maryland or Virginia" are substituted for "outside the District of Columbia" for clarity and for consistency in this section. The words "such agreements to be subject to the approval of the President" are omitted because of 40:72 (last sentence), restated as subsection (d).

Editorial Notes

References in Text

Section 1 of the Act of December 23, 1963, referred to in subsec. (b)(2), is section 1 of Pub. L. 88–241, Dec. 23, 1963, 77 Stat. 478, which enacted general and permanent laws relating to judiciary and judicial procedure in the District of Columbia, and which is not classified to the Code.
40 U.S.C. § 17509 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 175 / Section 17509: Applicability
Applicability
Status: in_force

(a) Priority in Reducing Headquarters Use.—The heads of executive agencies shall give first priority to meeting the goals established by the President under section 17507(a) of this title by reducing the costs of administrative motor vehicles used at the headquarters and regional headquarters of executive agencies, rather than by reducing the costs of motor vehicles used by line agency personnel working in agency field operations or activities.

(b) Regulations, Standards, and Definitions.—The President shall require the Administrator of General Services, in cooperation with the Director of the Office of Management and Budget, to prescribe appropriate regulations, standards, and definitions to ensure that executive agencies meet the goals established under section 17507(a) of this title in the manner prescribed by subsection (a).

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1285.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

17509 
40:910. 
Pub. L. 99–272, title XV, §15310, Apr. 7, 1986, 100 Stat. 338.
40 U.S.C. § 8702 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 87 / Subchapter I / Section 8702: Definitions
Definitions
Status: in_force

In this chapter—

(1) Environs.—The term "environs" means the territory surrounding the District of Columbia included in the National Capital region.

(2) National capital.—The term "National Capital" means the District of Columbia and territory the Federal Government owns in the environs.

(3) National capital region.—The term "National Capital region" means—

(A) the District of Columbia;

(B) Montgomery and Prince Georges Counties in Maryland;

(C) Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and

(D) all cities in Maryland or Virginia in the geographic area bounded by the outer boundaries of the combined area of the counties listed in subparagraphs (B) and (C).

(4) Planning agency.—The term "planning agency" means any city, county, bi-county, part-county, or regional planning agency authorized under state and local laws to make and adopt comprehensive plans.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1216.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

8702 
40:71(b). 
June 6, 1924, ch. 270, §1(b), 43 Stat. 463; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; July 19, 1952, ch. 949, §1, 66 Stat. 782.

In clause (3)(D), the words "now or hereafter existing" are omitted as unnecessary.

In clause (4), the words "whether or not its jurisdiction is exclusive or concurrent" are omitted as unnecessary.
40 U.S.C. § 305 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 3 / Subchapter I / Section 305: Electronic Government and information technologies
Electronic Government and information technologies
Status: in_force

The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal agencies.

(Added Pub. L. 107–347, title I, §102(a)(1), Dec. 17, 2002, 116 Stat. 2910.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents.
40 U.S.C. § 3162 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 31 / Subchapter V / Section 3162: Waiver for individuals who perform volunteer services
Waiver for individuals who perform volunteer services
Status: in_force

(a) Criteria for Receiving Waiver.—The requirement that certain laborers and mechanics be paid in accordance with the wage-setting provisions of subchapter IV of this chapter as set forth in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),1 the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does not apply to an individual—

(1) who volunteers to perform a service directly to a state or local government, a public agency, or a public or private nonprofit recipient of federal assistance—

(A) for civic, charitable, or humanitarian reasons;

(B) only for the personal purpose or pleasure of the individual;

(C) without promise, expectation, or receipt of compensation for services rendered, except as provided in subsection (b); and

(D) freely and without pressure or coercion, direct or implied, from any employer;

(2) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering;

(3) who is not employed by and does not provide services to a contractor or subcontractor at any time on the federally assisted or insured project for which the individual is volunteering; and

(4) who otherwise is not employed by the same public agency or recipient of federal assistance to perform the same type of services as those for which the individual proposes to volunteer.

(b) Payments.—

(1) In accordance with regulations.—Volunteers described in subsection (a) who are performing services directly to a state or local government or public agency may receive payments of expenses, reasonable benefits, or a nominal fee only in accordance with regulations the Secretary of Labor prescribes. Volunteers who are performing services directly to a public or private nonprofit entity may not receive those payments.

(2) Criteria and content of regulations.—In prescribing the regulations, the Secretary shall consider criteria such as the total amount of payments made (relating to expenses, benefits, or fees) in the context of the economic realities. The regulations shall include provisions that provide that—

(A) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or the cost or expense of meals and transportation;

(B) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan, or the awarding of a length of service award; and

(C) a nominal fee may not be used as a substitute for compensation and may not be connected to productivity.

(3) Nominal fee.—The Secretary shall decide what constitutes a nominal fee for purposes of paragraph (2)(C). The decision shall be based on the context of the economic realities of the situation involved.

(c) Economic Reality.—In determining whether an expense, benefit, or fee described in subsection (b) may be paid to volunteers in the context of the economic realities of the particular situation, the Secretary may not permit any expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

3162(a) 
40:276d–1(a). 
Pub. L. 103–355, title VII, §§7303, 7304, Oct. 13, 1994, 108 Stat. 3382.

 
40:276d–2.

 
40:276d–3. 
Pub. L. 103–355, title VII, §7305, Oct. 13, 1994, 108 Stat. 3384; Pub. L. 104–208, div. A, §101(e) [title VII, §709(a)(4)], Sept. 30, 1996, 110 Stat. 3009–312.

3162(b) 
40:276d–1(b).

3162(c) 
40:276d–1(c).

In subsection (a), the references to sections 254b and 254c of title 42 in 40:276d–3 are omitted. Sections 329 and 330 of the Public Health Service Act were omitted in the general amendment of subpart I of part D of title III of the Act (42:254b et seq.) by sections 2 and 3(a) of the Health Care Consolidation Act of 1996 (Public Law 104–299, 110 Stat. 3626), which enacted new sections 330 and 330A of the Public Health Service Act. Sections 330 and 330A do not refer to the Act of March 3, 1931 (ch. 411, 46 Stat. 1494).

In subsection (b)(1), the words "Volunteers who are performing services directly to a public or private nonprofit entity may not receive those payments" are added for clarity.

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.

The Indian Health Care Improvement Act, referred to in subsec. (a), is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (§1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables.

The Housing and Community Development Act of 1974, referred to in subsec. (a), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.

1 See References in Text note below.
40 U.S.C. § 11315 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 113 / Subchapter II / Section 11315: Agency Chief Information Officer
Agency Chief Information Officer
Status: in_force

(a) Definition.—In this section, the term "information technology architecture", with respect to an executive agency, means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the agency's strategic goals and information resources management goals.

(b) General Responsibilities.—The Chief Information Officer of an executive agency is responsible for—

(1) providing advice and other assistance to the head of the executive agency and other senior management personnel of the executive agency to ensure that information technology is acquired and information resources are managed for the executive agency in a manner that implements the policies and procedures of this subtitle, consistent with chapter 35 of title 44 and the priorities established by the head of the executive agency;

(2) developing, maintaining, and facilitating the implementation of a sound, secure, and integrated information technology architecture for the executive agency; and

(3) promoting the effective and efficient design and operation of all major information resources management processes for the executive agency, including improvements to work processes of the executive agency.

(c) Duties and Qualifications.—The Chief Information Officer of an agency listed in section 901(b) of title 31—

(1) has information resources management duties as that official's primary duty;

(2) monitors the performance of information technology programs of the agency, evaluates the performance of those programs on the basis of the applicable performance measurements, and advises the head of the agency regarding whether to continue, modify, or terminate a program or project; and

(3) annually, as part of the strategic planning and performance evaluation process required (subject to section 1117 of title 31) under section 306 of title 5 and sections 1105(a)(28), 1115–1117, and 9703 (as added by section 5(a) of the Government Performance and Results Act of 1993 (Public Law 103–62, 107 Stat. 289)) of title 31—

(A) assesses the requirements established for agency personnel regarding knowledge and skill in information resources management and the adequacy of those requirements for facilitating the achievement of the performance goals established for information resources management;

(B) assesses the extent to which the positions and personnel at the executive level of the agency and the positions and personnel at management level of the agency below the executive level meet those requirements;

(C) develops strategies and specific plans for hiring, training, and professional development to rectify any deficiency in meeting those requirements; and

(D) reports to the head of the agency on the progress made in improving information resources management capability.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 108–458, title VIII, §8401(4), Dec. 17, 2004, 118 Stat. 3869.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

11315 
40:1425(b)–(d). 
Pub. L. 104–106, div. E, title LI, §5125(b)–(d), Feb. 10, 1996, 110 Stat. 685.

In subsection (c)(3), before subclause (A), the reference to 31:1105(a)(29) is changed to 1105(a)(28) because of the redesignation of 1105(a)(29) as 1105(a)(28) by section 4(1) of the Act of October 11, 1996, (Public Law 104–287, 110 Stat. 3388). The words "as added by section 5(a) of the Government Performance and Results Act of 1993 (Public Law 103–62, 107 Stat. 289)" are added for clarity because there is another 31:9703.

Editorial Notes

Amendments

2004—Subsec. (b)(2). Pub. L. 108–458 inserted ", secure," after "sound".

Executive Documents

Ex Ord. No. 13833. Enhancing the Effectiveness of Agency Chief Information Officers

Ex. Ord. No. 13833, May 15, 2018, 83 F.R. 23345, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. The Federal Government spends more than $90 billion annually on information technology (IT). The vast majority of this sum is consumed in maintaining legacy IT infrastructure that is often ineffective and more costly than modern technologies. Modern IT systems would enable agencies to reduce costs, mitigate cybersecurity risks, and deliver improved services to the American people. While the recently enacted Modernizing Government Technology Act [probably means subtitle G of title X of div. A of Pub. L. 115–91, set out as a note under section 11301 of this title] will provide needed financial resources to help transition agencies to more effective, efficient, and secure technologies, more can be done to improve management of IT resources. Department and agency (agency) Chief Information Officers (CIOs) generally do not have adequate visibility into, or control over, their agencies' IT resources, resulting in duplication, waste, and poor service delivery. Enhancing the effectiveness of agency CIOs will better position agencies to modernize their IT systems, execute IT programs more efficiently, reduce cybersecurity risks, and serve the American people well.

Sec. 2. Policy. It is the policy of the executive branch to:

(a) empower agency CIOs to ensure that agency IT systems are secure, efficient, accessible, and effective, and that such systems enable agencies to accomplish their missions;

(b) modernize IT infrastructure within the executive branch and meaningfully improve the delivery of digital services; and

(c) improve the management, acquisition, and oversight of Federal IT.

Sec. 3. Definitions. For purposes of this order:

(a) the term "covered agency" means an agency listed in 31 U.S.C. 901(b), other than the Department of Defense or any agency considered to be an "independent regulatory agency" as defined in 44 U.S.C. 3502(5);

(b) the term "information technology" has the meaning given that term in 40 U.S.C. 11101(6);

(c) the term "Chief Information Officer" or "CIO" means the individual within a covered agency as described in 40 U.S.C. 11315;

(d) the term "component Chief Information Officer" or "component CIO" means an individual in a covered agency, other than the CIO referred to in subsection (c) of this section, who has the title Chief Information Officer, or who functions in the capacity of a CIO, and has IT management authorities over a component of the agency similar to those the CIO has over the entire agency;

(e) the term "IT position" means a position within the job family standard for the Information Technology Management Series, GS–2210, as defined by the Office of Personnel Management (OPM) in the Handbook of Occupational Groups and Families and related guidance.

Sec. 4. Emphasizing Chief Information Officer Duties and Responsibilities. The head of each covered agency shall take all necessary and appropriate action to ensure that:

(a) consistent with 44 U.S.C. 3506(a)(2), the CIO of the covered agency reports directly to the agency head, such that the CIO has direct access to the agency head regarding all programs that include IT;

(b) consistent with 40 U.S.C. 11315(b), and to promote the effective, efficient, and secure use of IT to accomplish the agency's mission, the CIO serves as the primary strategic advisor to the agency head concerning the use of IT;

(c) consistent with 40 U.S.C. 11319(b)(1)(A), the CIO has a significant role, including, as appropriate, as lead advisor, in all annual and multi-year planning, programming, budgeting, and execution decisions, as well as in all management, governance, and oversight processes related to IT; and

(d) consistent with 40 U.S.C. 11319(b)(2) and other applicable law, the CIO of the covered agency approves the appointment of any component CIO in that agency.

Sec. 5. Agency-wide IT Consolidation. Consistent with the purposes of Executive Order 13781 of March 13, 2017 (Comprehensive Plan for Reorganizing the Executive Branch) [82 F.R. 13959], the head of each covered agency shall take all necessary and appropriate action to:

(a) eliminate unnecessary IT management functions;

(b) merge or reorganize agency IT functions to promote agency-wide consolidation of the agency's IT infrastructure, taking into account any recommendations of the relevant agency CIO; and

(c) increase use of industry best practices, such as the shared use of IT solutions within agencies and across the executive branch.

Sec. 6. Strengthening Cybersecurity. Consistent with the purposes of Executive Order 13800 of May 11, 2017 (Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure) [6 U.S.C. note prec. 1500], the head of each covered agency shall take all necessary and appropriate action to ensure that:

(a) the CIO, as the principal advisor to the agency head for the management of IT resources, works closely with an integrated team of senior executives with expertise in IT, security, budgeting, acquisition, law, privacy, and human resources to implement appropriate risk management measures; and

(b) the agency prioritizes procurement of shared IT services, including modern email and other cloud-based services, where possible and to the extent permitted by law.

Sec. 7. Knowledge and Skill Standards for IT Personnel. The head of each covered agency shall take all necessary and appropriate action to ensure that:

(a) consistent with 40 U.S.C. 11315(c)(3), the CIO assesses and advises the agency head regarding knowledge and skill standards established for agency IT personnel;

(b) the established knowledge and skill standards are included in the performance standards and reflected in the performance evaluations of all component CIOs, and that the CIO is responsible for that portion of the evaluation; and

(c) all component CIOs apply those standards within their own components.

Sec. 8. Chief Information Officer Role on IT Governance Boards. Wherever appropriate and consistent with applicable law, the head of each covered agency shall ensure that the CIO shall be a member of any investment or related board of the agency with purview over IT, or any board responsible for setting agency-wide IT standards. The head of each covered agency shall also, as appropriate and consistent with applicable law, direct the CIO to chair any such board. To the extent any such board operates through member votes, the head of each covered agency shall also, as appropriate and consistent with applicable law, direct the CIO to fulfill the role of voting member.

Sec. 9. Chief Information Officer Hiring Authorities. The Director of OPM (Director) shall publish a proposed rule delegating to the head of each covered agency authority to determine whether there is a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates), or that a critical hiring need exists, for IT positions at the covered agency pursuant to 5 U.S.C. 3304(a)(3) [now 3304(b)(3)], under criteria established by OPM.

(a) Such proposed rule shall provide that, upon an affirmative determination by the head of a covered agency that there is a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates), or that a critical hiring need exists for IT positions, under the criteria established by OPM, the Director shall, within 30 days, grant that agency direct hiring authority for IT positions.

(b) Such proposed rule shall further provide that employees hired using this authority may not be transferred to positions that are not IT positions; that the employees shall initially be given term appointments not to exceed 4 years; and that the terms of such employees may be extended up to 4 additional years at the discretion of the hiring agency.

(c) The Director shall submit the proposed rule for publication within 30 days of the date of this order [May 15, 2018].

Sec. 10. Guidance. The Director of the Office of Management and Budget shall amend or replace relevant guidance, as appropriate, to agencies to reflect the requirements of this order.

Sec. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.
40 U.S.C. § 17510 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 175 / Section 17510: Cooperation
Cooperation
Status: in_force

The Director of the Office of Management and Budget and the Administrator of General Services shall cooperate closely in the implementation of this chapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1286.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

17510 
40:911. 
Pub. L. 99–272, title XV, §15311, Apr. 7, 1986, 100 Stat. 338.
40 U.S.C. § 609 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter VI / Section 609: Identification of vehicles
Identification of vehicles
Status: in_force

(a) In General.—Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used for official purposes within the United States, or the territories or possessions of the United States, by any federal agency or by the District of Columbia shall be conspicuously identified by showing, on the vehicle—

(1)(A) the full name of the department, establishment, corporation, or agency that uses the vehicle and the service for which the vehicle is used; or

(B) a title that readily identifies the department, establishment, corporation, or agency that uses the vehicle and that is descriptive of the service for which the vehicle is used; and

(2) the legend "For official use only".

(b) Exceptions.—The regulations prescribed pursuant to this section may provide for exemptions when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

609 
40:491(k). 
June 30, 1949, ch. 288, title II, §211(k), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128.
40 U.S.C. § 545 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter III / Section 545: Procedure for disposal
Procedure for disposal
Status: in_force

(a) Public Advertising for Bids.—

(1) Requirement.—

(A) In general.—Except as provided in subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes.

(B) Exceptions.—This subsection does not apply to disposal or a contract for disposal of surplus property—

(i) under subsection (b) or (d); or

(ii) by abandonment, destruction, or donation or through a contract broker.

(2) Time, method, and terms.—The time, method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of the property involved.

(3) Public disclosure.—Bids must be publicly disclosed at the time and place stated in the advertisement.

(4) Awards.—An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so.

(b) Negotiated Disposal.—Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if—

(1) necessary in the public interest—

(A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or

(B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator;

(2) the public health, safety, or national security will be promoted by a particular disposal of personal property;

(3) public exigency will not allow delay incident to advertising certain personal property;

(4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national economy, and the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;

(5) the estimated fair market value of the property involved does not exceed $15,000;

(6) after advertising under subsection (a), the bid prices for the property, or part of the property, are not reasonable or have not been independently arrived at in open competition;

(7) with respect to real property, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;

(8) the disposal will be to a State, territory, or possession of the United States, or to a political subdivision of, or a tax-supported agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or

(9) otherwise authorized by law.

(c) Disposal Through Contract Brokers.—Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public notice of the availability of the property for disposal.

(d) Negotiated Sale at Fixed Price.—

(1) Authorization.—The Administrator may make a negotiated sale of personal property at a fixed price, either directly or through the use of a disposal contractor, without regard to subsection (a). However, the sale must be publicized to an extent consistent with the value and nature of the property involved and the price established must reflect the estimated fair market value of the property. Sales under this subsection are limited to categories of personal property for which the Administrator determines that disposal under this subsection best serves the interests of the Government.

(2) First offer.—Under regulations and restrictions the Administrator prescribes, an opportunity to purchase property at a fixed price under this subsection may be offered first to an entity specified in subsection (b)(8) that has expressed an interest in the property.

(e) Explanatory Statements for Negotiated Disposals.—

(1) Requirement.—

(A) In general.—Except as provided in subparagraph (B), an explanatory statement of the circumstances shall be prepared for each disposal by negotiation of—

(i) personal property that has an estimated fair market value in excess of $15,000;

(ii) real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)–(v) of this subparagraph;

(iii) real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year;

(iv) real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or

(v) real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property.

(B) Exception.—An explanatory statement is not required for a disposal of personal property under subsection (d), or for a disposal of real or personal property authorized by any other law to be made without advertising.

(2) Transmittal to congress.—The explanatory statement shall be transmitted to the appropriate committees of Congress in advance of the disposal, and a copy of the statement shall be preserved in the files of the executive agency making the disposal.

(3) Listing in report.—A report of the Administrator under section 126 of this title must include a listing and description of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case of real property, or $5,000, in the case of any other property, other than disposals for which an explanatory statement has been transmitted under this subsection.

(f) Applicability of Other Law.—Section 6101(b)–(d) of title 41 does not apply to a disposal or contract for disposal made under this section.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087; Pub. L. 111–350, §5(l)(10), Jan. 4, 2011, 124 Stat. 3852.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

545 
40:484(e). 
June 30, 1949, ch. 288, title II, §203(e), 63 Stat. 386; July 12, 1952, ch. 703, §1(i), 66 Stat. 593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 Stat. 474; Aug. 3, 1956, ch. 942, 70 Stat. 1020; Pub. L. 85–486, July 2, 1958, 72 Stat. 288; Pub. L. 100–612, §§3, 4, Nov. 5, 1988, 102 Stat. 3180.

In subsection (e)(3), the words "A report" are substituted for "the annual report" for consistency in the revised title. See the revision note under section 126 of this title.

Editorial Notes

Amendments

2011—Subsec. (f). Pub. L. 111–350 substituted "Section 6101(b)–(d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".

Statutory Notes and Related Subsidiaries

Disposal of Surplus Property to Local Governments and Nonprofit Institutions

Act Oct. 3, 1944, ch. 479, §13, 58 Stat. 770; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; May 3, 1946, ch. 248, §5, 60 Stat. 169; 1947 Reorg. Plan No. 1, §501, eff. July 1, 1947, 12 F.R. 4535, 61 Stat. 952; July 30, 1947, ch. 404, 61 Stat. 678; June 10, 1948, ch. 433, §§1, 2, 62 Stat. 350; June 29, 1948, ch. 727, 62 Stat. 1103; June 30, 1949, ch. 288, title I, §105, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 381, 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; amended Oct. 1, 1949, ch. 589, §§1, 5, 63 Stat. 701; Pub. L. 85–726, title XIV, §1402(c), Aug. 23, 1958, 72 Stat. 807; Pub. L. 87–90, July 20, 1961, 75 Stat. 211; Pub. L. 91–258, title I, §52(b)(6), May 21, 1970, 84 Stat. 235; Pub. L. 91–485, §5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92–362, §2, Aug. 4, 1972, 86 Stat. 504; Pub. L. 97–248, title V, §524(c), Sept. 3, 1982, 96 Stat. 696; Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, provided that:

"(a) to (c) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.]

"(d) Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [former 50 U.S.C. App. 1611 et seq.] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 [former 50 U.S.C. App. 1621] or this section, unless specifically authorized by Act of Congress.

"(e), (f) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.]

"(g) [Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]"
40 U.S.C. § 587 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 587: Telecommuting and other alternative workplace arrangements
Telecommuting and other alternative workplace arrangements
Status: in_force

(a) Definition.—In this section, the term "telecommuting centers" means flexiplace work telecommuting centers.

(b) Telecommuting Centers Established by Administrator of General Services.—

(1) Establishment.—The Administrator of General Services may acquire space for, establish, and equip telecommuting centers for use in accordance with this subsection.

(2) Use.—A telecommuting center may be used by employees of federal agencies, state and local governments, and the private sector. The Administrator shall give federal employees priority in using a telecommuting center. The Administrator may make a telecommuting center available for use by others to the extent it is not fully utilized by federal employees.

(3) User fees.—The Administrator shall charge a user fee for the use of a telecommuting center. The amount of the user fee shall approximate commercial charges for comparable space and services. However, the user fee may not be less than necessary to pay the cost of establishing and operating the telecommuting center, including the reasonable cost of renovation and replacement of furniture, fixtures, and equipment.

(4) Deposit and use of fees.—The Administrator may—

(A) deposit user fees into the Federal Buildings Fund and use the fees to pay costs incurred in establishing and operating the telecommuting center; and

(B) accept and retain income received by the General Services Administration, from federal agencies and non-federal sources, to defray costs directly associated with the functions of telecommuting centers.

(c) Development of Alternative Workplace Arrangements by Executive Agencies and Others.—

(1) Definition.—In this subsection, the term "alternative workplace arrangements" includes telecommuting, hoteling, virtual offices, and other distributive work arrangements.

(2) Consideration by executive agencies.—In considering whether to acquire space, quarters, buildings, or other facilities for use by employees, the head of an executive agency shall consider whether needs can be met using alternative workplace arrangements.

(3) Guidance from administrator.—The Administrator may provide guidance, assistance, and oversight to any person regarding the establishment and operation of alternative workplace arrangements.

(d) Amounts Available for Flexiplace Work Telecommuting Programs.—

(1) Definition.—In this subsection, the term "flexiplace work telecommuting program" means a program under which employees of a department or agency set out in paragraph (2) are permitted to perform all or a portion of their duties at a telecommuting center established under this section or other federal law.

(2) Minimum funding.—For each of the following departments and agencies, in each fiscal year at least $50,000 of amounts made available for salaries and expenses is available only for carrying out a flexiplace work telecommuting program:

(A) Department of Agriculture.

(B) Department of Commerce.

(C) Department of Defense.

(D) Department of Education.

(E) Department of Energy.

(F) Department of Health and Human Services.

(G) Department of Housing and Urban Development.

(H) Department of the Interior.

(I) Department of Justice.

(J) Department of Labor.

(K) Department of State.

(L) Department of Transportation.

(M) Department of the Treasury.

(N) Department of Veterans Affairs.

(O) Environmental Protection Agency.

(P) General Services Administration.

(Q) Office of Personnel Management.

(R) Small Business Administration.

(S) Social Security Administration.

(T) United States Postal Service.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1113.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

587(a), (b)(1)– (4)(A) 
40:490(l)(1)–(3). 
June 30, 1949, ch. 288, title II, §210(l), as added Pub. L. 104–208, div. A, title I, §101(f) [title IV, §407(a)], Sept. 30, 1996, 110 Stat. 3009–337.

587(b)(4)(B) 
40:490h. 
Pub. L. 104–52, title IV, §5, Nov. 19, 1995, 109 Stat. 486.

587(c)(1) 
40:490(l)(4) (words after 3d comma).

587(c)(2) 
40:490(l)(5).

587(c)(3) 
40:490(l)(4) (words before 3d comma).

587(d) 
40:490 note. 
Pub. L. 105–277, div A, §101(h) [title VI, §630], Oct. 21, 1998, 112 Stat. 2681–522.
40 U.S.C. § 17307 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 173 / Section 17307: Purchase of insurance
Purchase of insurance
Status: in_force

An executive department, independent establishment, agency, wholly owned Government corporation, officer, or employee may expend money, or incur an obligation, for insurance, or for the payment of premiums on insurance, against loss, destruction, or damage in the shipment of valuables only as specifically authorized by the Secretary of the Treasury. The Secretary may give the authorization if the Secretary finds that the risk of loss, destruction, or damage in the shipment cannot be guarded against adequately by the facilities of the Federal Government or that adequate replacement cannot be provided under this chapter.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1282.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

17307 
40:726. 
July 8, 1937, ch. 444, §4, 50 Stat. 480.

The words "On and after the effective date of the regulations prescribed under section 721 of this title" are omitted as obsolete. The words "the circumstances are such that" are omitted as unnecessary.
40 U.S.C. § 8143 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 81 / Subchapter III / Section 8143: Heat
Heat
Status: in_force

(a) Corcoran Gallery of Art.—The Administrator of General Services may furnish heat from the central heating plant to the Corcoran Gallery of Art, if the Corcoran Gallery of Art agrees to—

(1) pay for heat furnished at rates the Administrator determines; and

(2) connect the building with the Federal Government mains in a manner satisfactory to the Administrator.

(b) Board of Governors of the Federal Reserve System.—The Administrator may furnish steam from the central heating plant for the use of the Board of Governors of the Federal Reserve System on the property which the Board acquired in squares east of 87 and east of 88 in the District of Columbia if the Board agrees to—

(1) pay for the steam furnished at reasonable rates the Administrator determines but that are at least equal to cost; and

(2) provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator.

(c) Non-Federal Public Buildings.—The Administrator shall determine the rates to be paid for steam furnished to the Corcoran Gallery of Art, the Pan American Union Buildings, the American Red Cross Buildings, and other non-federal public buildings authorized to receive steam from the central heating plant.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

8143(a) 
40:22a. 
June 19, 1934, ch. 648 (last par. on p. 1044), 48 Stat. 1044.

8143(b) 
40:22b. 
June 27, 1935, ch. 320, §§1, 2, 49 Stat. 425.

8143(c) 
40:22c.

In subsection (a), the words "Administrator of General Services" are substituted for "Treasury Department", "Secretary of the Treasury", and ["]Public Works Branch, Procurement Division, Treasury Department" [subsequently changed to "Federal Works Agency", ["]Federal Works Administrator", and "Public Buildings Administration, Federal Works Agency", respectively, because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In clause (1), the words "not less than cost" are omitted because of 40:22c, restated as subsection (c).

In subsections (b) and (c), the word "Administrator" is substituted for "Secretary of the Interior, through the National Park Service" and "Secretary of the Interior" [both subsequently changed to "Federal Works Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.

In subsection (b), before clause (1), the words "Board of Governors of the Federal Reserve System" are substituted for "Federal Reserve Board" because of section 203(a) of the Banking Act of 1935 (ch. 614, 49 Stat. 704).

In subsection (c), the words "On and after June 27" are omitted as obsolete. The words "the Pan American Union buildings" are substituted for "the buildings, old and new, of the Pan American Union" for clarity. The words "as are or hereafter may be" are omitted as unnecessary.
40 U.S.C. § 581 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 5 / Subchapter V / Section 581: General authority of Administrator of General Services
General authority of Administrator of General Services
Status: in_force

[(a) Repealed. Pub. L. 107–296, title XVII, §1706(a)(1), Nov. 25, 2002, 116 Stat. 2316.]

(b) Personnel and Equipment.—The Administrator of General Services may—

(1) employ and pay personnel at per diem rates approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where the services are performed; and

(2) purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing.

(c) Acquisition and Management of Property.—

(1) Real estate.—The Administrator may acquire, by purchase, condemnation, or otherwise, real estate and interests in real estate.

(2) Ground rent.—The Administrator may pay ground rent for buildings owned by the Federal Government or occupied by federal agencies, and pay the rent in advance if required by law or if the Administrator determines that advance payment is in the public interest.

(3) Rent and repairs under a lease.—The Administrator may pay rent and make repairs, alterations, and improvements under the terms of a lease entered into by, or transferred to, the Administration for the housing of a federal agency.

(4) Repairs that are economically advantageous.—The Administrator may repair, alter, or improve rented premises if the Administrator determines that doing so is advantageous to the Government in terms of economy, efficiency, or national security. The Administrator's determination must—

(A) set forth the circumstances that make the repair, alteration, or improvement advantageous; and

(B) show that the total cost (rental, repair, alteration, and improvement) for the expected life of the lease is less than the cost of alternative space not needing repair, alteration, or improvement.

(5) Insurance proceeds for defense industrial reserve.—At the direction of the Secretary of Defense, the Administrator may use insurance proceeds received for damage to property that is part of the Defense Industrial Reserve to repair or restore the property.

(6) Maintenance contracts.—The Administrator may enter into a contract, for a period not exceeding five years, for the inspection, maintenance, and repair of fixed equipment in a federally owned building.

(d) Lease of Federal Building Sites.—

(1) In general.—The Administrator may lease a federal building site or addition, including any improvements, until the site is needed for construction purposes. The lease must be for fair rental value and on other terms and conditions the Administrator considers to be in the public interest pursuant to section 545 of this title.

(2) Negotiation without advertising.—A lease under this subsection may be negotiated without public advertising for bids if—

(A) the lessee is—

(i) the former owner from whom the Government acquired the property; or

(ii) the former owner's tenant in possession; and

(B) the lease is negotiated incident to or in connection with the acquisition of the property.

(3) Deposit of rent.—Rent received under this subsection may be deposited into the Federal Buildings Fund.

(e) Assistance to the Inaugural Committee.—The Administrator may provide direct assistance and special services for the Inaugural Committee (as defined in section 501 of title 36) during an inaugural period in connection with Presidential inaugural operations and functions. Assistance and services under this subsection may include—

(1) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5;

(2) providing Government-owned and leased space for personnel and parking;

(3) paying overtime to guard and custodial forces;

(4) erecting and removing stands and platforms;

(5) providing and operating first-aid stations;

(6) providing furniture and equipment; and

(7) providing other incidental services in the discretion of the Administrator.

(f) Utilities for Defense Industrial Reserve and Surplus Property.—The Administrator may—

(1) provide utilities and services, if the utilities and services are not provided by other sources, to a person, firm, or corporation occupying or using a plant or portion of a plant that constitutes—

(A) any part of the Defense Industrial Reserve pursuant to section 4881 of title 10; or

(B) surplus real property; and

(2) credit an amount received for providing utilities and services under this subsection to an applicable appropriation of the Administration.

(g) Obtaining Payments.—The Administrator may—

(1) obtain payments, through advances or otherwise, for services, space, quarters, maintenance, repair, or other facilities furnished, on a reimbursable basis, to a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia; and

(2) credit the payments to the applicable appropriation of the Administration.

(h) Cooperative Use of Public Buildings.—

(1) Leasing space for commercial and other purposes.—The Administrator may lease space on a major pedestrian access level, courtyard, or rooftop of a public building to a person, firm, or organization engaged in commercial, cultural, educational, or recreational activity (as defined in section 3306(a) of this title). The Administrator shall establish a rental rate for leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the public building. The lease may be negotiated without competitive bids, but shall contain terms and conditions and be negotiated pursuant to procedures that the Administrator considers necessary to promote competition and to protect the public interest.

(2) Occasional use of space for non-commercial purposes.—The Administrator may make available, on occasion, or lease at a rate and on terms and conditions that the Administrator considers to be in the public interest, an auditorium, meeting room, courtyard, rooftop, or lobby of a public building to a person, firm, or organization engaged in cultural, educational, or recreational activity (as defined in section 3306(a) of this title) that will not disrupt the operation of the building.

(3) Deposit and credit of amounts received.—The Administrator may deposit into the Federal Buildings Fund an amount received under a lease or rental executed pursuant to paragraph (1) or (2). The amount shall be credited to the appropriation from the Fund applicable to the operation of the building.

(4) Furnishing utilities and maintenance.—The Administrator may furnish utilities, maintenance, repair, and other services to a person, firm, or organization leasing space pursuant to paragraph (1) or (2). The services may be provided during and outside of regular working hours of federal agencies.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1108; Pub. L. 107–296, title XVII, §1706(a), Nov. 25, 2002, 116 Stat. 2316; Pub. L. 109–284, §6(5), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 117–81, div. A, title XVII, §1702(g)(2), Dec. 27, 2021, 135 Stat. 2158.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

581 
40:490(a). 
June 30, 1949, ch. 288, title II, §210(a), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 580; Pub. L. 85–886, §1, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 89–276, Oct. 20, 1965, 79 Stat. 1010; Pub. L. 90–626, Oct. 22, 1968, 82 Stat. 1319; Pub. L. 94–541, title I, §104(a), Oct. 18, 1976, 90 Stat. 2506; Pub. L. 104–201, title VIII, §823, Sept. 23, 1996, 110 Stat. 2609; Pub. L. 104–316, title I, §120(b), Oct. 19, 1996, 110 Stat. 3836.

In this section, 40:490(a)(7) is omitted as obsolete because the pneumatic tube system referred to in the provision is no longer used or maintained and 40:490(a)(9) is omitted as obsolete because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed.

In subsection (c)(3) and (4), the words "without regard to the provisions of section 278a of this title" and "which on June 30, 1950, was specifically exempted by law from the requirements of said section" (in 40:490(a)(5)), and the words "without regard to the 25 per centum limitation of section 278a of this title" and "without reference to such limitation" (in 40:490(a)(8)), respectively, are omitted as obsolete because 40:278a was repealed by section 7 of the Public Buildings Amendments of 1988 (Public Law 100–678, 40:278a).

In subsection (c)(5), the words "Defense Industrial Reserve" are substituted for "National Industrial Reserve" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).

In subsection (d)(3), the words "Federal Buildings Fund" are substituted for "Buildings Management Fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3).

In subsection (e), before clause (1), the words "section 501 of title 36" are substituted for "the Act of August 6, 1965, 70 Stat 1049" in section 210(a)(15) of the Federal Property and Administrative Services Act of 1949 because of section 5(b) of the Act of August 12, 1998 (Public Law 105–225, 112 Stat. 1499), the first section of which enacted Title 36, United States Code. In clause (1), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the civil service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.

In subsection (f)(1)(A), the words "Defense Industrial Reserve pursuant to section 2535 of title 10" are substituted for "National Industrial Reserve pursuant to the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).

In subsection (g)(1), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(a)(6) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.

Editorial Notes

Amendments

2021—Subsec. (f)(1)(A). Pub. L. 117–81 substituted "section 4881" for "section 2535".

2006—Subsec. (b). Pub. L. 109–284 substituted "The Administrator of General Services may—" for "The Administrator may—" in introductory provisions.

2002—Subsec. (a). Pub. L. 107–296, §1706(a)(1), struck out subsec. (a) which read as follows: "Applicability.—To the extent that the Administrator of General Services by law, other than this section, may maintain, operate, and protect buildings or property, including the construction, repair, preservation, demolition, furnishing, or equipping of buildings or property, the Administrator, in the discharge of these duties, may exercise authority granted under this section."

Subsec. (b). Pub. L. 107–296, §1706(a)(2), in par. (1), inserted "and" at end, in par. (2), substituted a period for "; and" at end, and struck out par. (3) which read as follows: "furnish arms and ammunition for the protection force the Administration maintains."

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Federal Buildings Personnel Training

Pub. L. 111–308, Dec. 14, 2010, 124 Stat. 3283, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Federal Buildings Personnel Training Act of 2010'.

"SEC. 2. TRAINING OF FEDERAL BUILDING PERSONNEL.

"(a) Identification of Core Competencies.—Not later than 18 months after the date of enactment of this Act [Dec. 14, 2010], and annually thereafter, the Administrator of General Services, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, and after providing notice and an opportunity for comment, shall identify the core competencies necessary for Federal personnel performing building operations and maintenance, energy management, safety, and design functions to comply with requirements under Federal law. The core competencies identified shall include competencies relating to building operations and maintenance, energy management, sustainability, water efficiency, safety (including electrical safety), and building performance measures.

"(b) Designation of Relevant Courses, Certifications, Degrees, Licenses, and Registrations.—The Administrator, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall identify a course, certification, degree, license, or registration to demonstrate each core competency, and for ongoing training with respect to each core competency, identified for a category of personnel specified in subsection (a).

"(c) Identified Competencies.—An individual shall demonstrate each core competency identified by the Administrator under subsection (a) for the category of personnel that includes such individual. An individual shall demonstrate each core competency through the means identified under subsection (b) not later than one year after the date on which such core competency is identified under subsection (a) or, if the date of hire of such individual occurs after the date of such identification, not later than one year after such date of hire. In the case of an individual hired for an employment period not to exceed one year, such individual shall demonstrate each core competency at the start of the employment period.

"(d) Continuing Education.—The Administrator, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall develop or identify comprehensive continuing education courses to ensure the operation of Federal buildings in accordance with industry best practices and standards.

"(e) Curriculum With Respect to Facility Management and Operation of High-Performance Buildings.—Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Administrator, acting through the head of the Office of Federal High-Performance Green Buildings, and the Secretary of Energy, acting through the head of the Office of Commercial High-Performance Green Buildings, in consultation with the heads of other appropriate Federal departments and agencies and representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall develop a recommended curriculum relating to facility management and the operation of high-performance buildings.

"(f) Applicability of This Section to Functions Performed Under Contract.—Training requirements under this section shall apply to non-Federal personnel performing building operations and maintenance, energy management, safety, and design functions under a contract with a Federal department or agency. A contractor shall provide training to, and certify the demonstration of core competencies for, non-Federal personnel in a manner that is approved by the Administrator."

Executive Documents

Facilitating Access to Federal Property for Siting of Mobile Services Antennas

Memorandum of President of the United States, Aug. 10, 1995, 60 F.R. 42023, provided:

Memorandum for the Heads of Departments and Agencies

Recent advancements in mobile telecommunications technology present an opportunity for the rapid construction of the Nation's wireless communications infrastructure. As a matter of policy, the Federal Government shall encourage the efficient and timely implementation of such new technologies and the concomitant infrastructure buildout as a means of stimulating economic growth and creating new jobs. The recent auctioning and impending licensing of radio frequencies for mobile personal communications services presents the Federal Government with the opportunity to foster new technologies and to encourage the development of communications infrastructure by making Federal property available for the siting of mobile services antennas.

Therefore, to the extent permitted by law, I hereby direct the Administrator of General Services, within 90 days, in consultation with the Secretaries of Agriculture, Interior, Defense, and the heads of such other agencies as the Administrator may determine, to develop procedures necessary to facilitate appropriate access to Federal property for the siting of mobile services antennas.

The procedures should be developed in accordance with the following:

1. (a) Upon request, and to the extent permitted by law and where practicable, executive departments and agencies shall make available Federal Government buildings and lands for the siting of mobile service antennas. This should be done in accordance with Federal, State, and local laws and regulations, and consistent with national security concerns (including minimizing mutual electromagnetic interactions), public health and safety concerns, environmental and aesthetic concerns, preservation of historic buildings and monuments, protection of natural and cultural resources, protection of national park and wilderness values, protection of National Wildlife Refuge systems, and subject to any Federal requirements promulgated by the agency managing the facility and the Federal Communications Commission, the Federal Aviation Administration, National Telecommunications and Information Administration, and other relevant departments and agencies.

(b) Antennas on Federal buildings or land may not contain any advertising.

(c) Federal property does not include lands held by the United States in trust for individual or Native American tribal governments.

(d) Agencies shall retain discretion to reject inappropriate siting requests, and assure adequate protection of public property and timely removal of equipment and structures at the end of service.

2. All procedures and mechanisms adopted regarding access to Federal property shall be clear and simple so as to facilitate the efficient and rapid buildout of the national wireless communications infrastructure.

3. Unless otherwise prohibited by or inconsistent with Federal law, agencies shall charge fees based on market value for siting antennas on Federal property, and may use competitive procedures if not all applicants can be accommodated.

This memorandum does not give the siting of mobile services antennas priority over other authorized uses of Federal buildings or land.

All independent regulatory commissions and agencies are requested to comply with the provisions of this memorandum.

This memorandum is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers, or any other person.

This memorandum shall be published in the Federal Register.

William J. Clinton.
40 U.S.C. § 3314 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 33 / Section 3314: Baby changing facilities in restrooms
Baby changing facilities in restrooms
Status: in_force

(a) Additional Requirement for the Construction, Alteration, and Acquisition of Public Buildings.—Except as provided in subsection (b) and subject to any reasonable accommodations that may be made for individuals in accordance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) restrooms in a public building shall be equipped with baby changing facilities that the Administrator determines are physically safe, sanitary, and appropriate.

(b) Exceptions.—The requirement under subsection (a) shall not apply—

(1) to a restroom in a public building that is not available or accessible for public use;

(2) to a restroom in a public building that contains clear and conspicuous signage indicating where a restroom with a baby changing table is located on the same floor of such public building;

(3) if new construction would be required to install a baby changing facility in the public building and the cost of such construction is unfeasible; or

(4) to a building not subject to an alteration as set forth in section 3307.

(c) Definitions.—In this section:

(1) Baby changing facility.—The term "baby changing facility" means a table or other device suitable for changing the diaper of a child age 3 or under.

(2) Pubic 1 building.—The term "public building" means a public building as defined in section 3301 and controlled by the Public Building Service of the General Services Administration.

(Added Pub. L. 114–235, §2(a)(2), Oct. 7, 2016, 130 Stat. 964.)

Editorial Notes

References in Text

The Americans with Disabilities Act, referred to in subsec. (a), probably means the Americans with Disabilities Act of 1990, Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) 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 12101 of Title 42 and Tables.

Prior Provisions

A prior section 3314 was renumbered section 3315 of this title.

Statutory Notes and Related Subsidiaries

Applicability

Pub. L. 114–235, §2(c), Oct. 7, 2016, 130 Stat. 965, provided that: "The requirement under section 3314(a) of title 40, United States Code, shall apply in the case of a public building constructed, altered, or acquired by the Administrator of General Services on or after the date that is 1 year after the date of the enactment of this Act [Oct. 7, 2016], beginning on that date."

1 So in original. Probably should be "Public".
40 U.S.C. § 14306 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter I / Section 14306: Administrative powers and expenses
Administrative powers and expenses
Status: in_force

(a) Powers.—To carry out its duties under this subtitle, the Appalachian Regional Commission may—

(1) adopt, amend, and repeal bylaws and regulations governing the conduct of its business and the performance of its functions;

(2) appoint and fix the compensation of an executive director and other personnel as necessary to enable the Commission to carry out its functions, except that the compensation shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of title 5;

(3) request the head of any federal department or agency to detail to temporary duty with the Commission personnel within the administrative jurisdiction of the head of the department or agency that the Commission may need for carrying out its functions, each detail to be without loss of seniority, pay, or other employee status;

(4) arrange for the services of personnel from any state or local government, subdivision or agency of a state or local government, or intergovernmental agency;

(5)(A) make arrangements, including contracts, with any participating state government for inclusion in a suitable retirement and employee benefit system of Commission personnel who may not be eligible for, or continue in, another governmental retirement or employee benefit system; or

(B) otherwise provide for coverage of its personnel;

(6) accept, use, and dispose of gifts or donations of services or any property;

(7) enter into and perform contracts, leases (including the lease of office space for any term), cooperative agreements, or other transactions, necessary in carrying out its functions, on terms as it may consider appropriate, with any—

(A) department, agency, or instrumentality of the Federal Government;

(B) State or political subdivision, agency, or instrumentality of a State; or

(C) person;

(8) maintain a temporary office in the District of Columbia and establish a permanent office at a central and appropriate location it may select and field offices at other places it may consider appropriate; and

(9) take other actions and incur other expenses as may be necessary or appropriate.

(b) Authorizations.—

(1) Detail employees.—The head of a federal department or agency may detail personnel under subsection (a)(3).

(2) Enter into and perform transactions.—A department, agency, or instrumentality of the Government, to the extent not otherwise prohibited by law, may enter into and perform a contract, lease, cooperative agreement, or other transaction under subsection (a)(7).

(c) Retirement and Other Employee Benefit Programs.—The Director of the Office of Personnel Management may contract with the Commission for continued coverage of Commission employees, if the employees are federal employees when they begin Commission employment, in the retirement program and other employee benefit programs of the Government.

(d) Expenses.—Administrative expenses of the Commission shall be paid equally by the Government and the States in the Appalachian region, except that the expenses of the Federal Cochairman, the alternate to the Federal Cochairman, and the staff of the Federal Cochairman shall be paid only by the Government. The Commission shall determine the amount to be paid by each State. The Federal Cochairman shall not participate or vote in that determination. Assistance authorized by this subtitle shall not be furnished to any State or to any political subdivision or any resident of any State, and a state member of the Commission shall not participate or vote in any decision by the Commission, while the State is delinquent in payment of its share of administrative expenses.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1259.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

14306(a) 
40 App.:106(1), (2) (1st sentence), (3) (less words in parentheses), (4), (5) (1st sentence), (6), (7) (less words in last parentheses), (8), (9). 
Pub. L. 89–4, title I, §106(1), (2) (1st sentence), (3)–(9), Mar. 9, 1965, 79 Stat. 8; Pub. L. 90–103, title I, §104, Oct. 11, 1967, 81 Stat. 257; Pub. L. 92–65, title II, §203, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94–188, title I, §107, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 96–506, §3(2), Dec. 8, 1980, 94 Stat. 2746; Pub. L 105–393, title II, §§205, 206, Nov. 13, 1998, 112 Stat. 3619; Pub. L. 107–149, §13(b), Mar. 12, 2002, 116 Stat. 71.

14306(b) 
40 App.:106(3) (words in parentheses), (7) (words in last parentheses).

14306(c) 
40 App.:106(5) (last sentence).

14306(d) 
40 App.:105. 
Pub. L. 89–4, title I, §105, Mar. 9, 1965, 79 Stat. 8; Pub. L. 90–103, title I, §103, Oct. 11, 1967, 81 Stat. 257; Pub. L. 91–123, title I, §102, Nov. 25, 1969, 83 Stat. 214; Pub. L. 92–65, title II, §202, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94–188, title I, §106, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 96–506, §3(1), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97–35, title XVIII, §1822(a)(1), Aug. 13, 1981, 95 Stat. 767; Pub. L. 105–393, title II, §204, Nov. 13, 1998, 112 Stat. 3619.

In subsection (a)(6), the words "any property" are substituted for "property, real, personal, or mixed, tangible or intangible" to eliminate unnecessary words.

In subsection (a)(7), before subclause (A), the words "notwithstanding any other provision of law" are omitted as unnecessary. In subclause (C), the words "firm, association, or corporation" are omitted as being included in the definition of "person" in 1:1.

In subsection (c), the words "Director of the Office of Personnel Management" are substituted for "Civil Service Commission" in section 106(5) of the Appalachian Regional Development Act of 1965 (Public Law 89–4, 79 Stat. 8) because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783).

In subsection (d), the word "amount" is substituted for "share" for clarity.
40 U.S.C. § 15507 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 155 / Section 15507: Payment of non-Federal share for certain Federal grant programs
Payment of non-Federal share for certain Federal grant programs
Status: in_force

Amounts made available to carry out this subtitle shall be available for the payment of the non-Federal share for any project carried out under another Federal grant program—

(1) for which a Commission is not the sole or primary funding source; and

(2) that is consistent with the authorities of the applicable Commission.

(Added Pub. L. 118–272, div. B, title II, §2244(a), Jan. 4, 2025, 138 Stat. 3204.)
40 U.S.C. § 1310 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 13 / Section 1310: Sale of war supplies, land, and buildings
Sale of war supplies, land, and buildings
Status: in_force

(a) In General.—The President, through the head of any executive department and on terms the head of the department considers expedient, may sell to a person, another department of the Federal Government, or the government of a foreign country engaged in war against a country with which the United States is at war—

(1) war supplies, material, and equipment;

(2) by-products of the war supplies, material, and equipment; and

(3) any building, plant, or factory, including the land on which the plant or factory may be situated, acquired since April 6, 1917, for the production of war supplies, materials, and equipment that, during the emergency existing on July 9, 1918, may have been purchased, acquired, or manufactured by the Government.

(b) Limitation on Sale of Guns and Ammunition.—Sales of guns and ammunition authorized under any law shall be limited to—

(1) other departments of the Government;

(2) governments of foreign countries engaged in war against a country with which the United States is at war; and

(3) members of the National Rifle Association and of other recognized associations organized in the United States for the encouragement of small-arms target practice.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

1310 
40:314. 
July 9, 1918, ch. 143 (last par. on p. 850), 40 Stat. 850; Feb. 25, 1919, ch. 39, §3, 40 Stat. 1173; May 29, 1928, ch. 901, §1(8), 45 Stat. 986; Aug. 7, 1946, ch. 770, (55), 60 Stat. 870.

In this section, the words "government of a foreign country" are substituted for "foreign State or Government", and the words "against a country" are substituted for "against any Government", for consistency in the revised title and with other titles of the United States Code.

In subsection (a), before clause (1), the words "partnership, association" are omitted because of the definition of person in 1:1.

In subsection (b), before clause (1), the words "in this section or . . . other" are omitted as unnecessary.
40 U.S.C. § 14322 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 143 / Subchapter II / Section 14322: Approval of development plans, strategy statements, and projects
Approval of development plans, strategy statements, and projects
Status: in_force

(a) Annual Review and Approval Required.—The Appalachian Regional Commission annually shall review and approve, in accordance with section 14302 of this title, state and regional development plans and strategy statements, and any multistate subregional plans which may be developed.

(b) Application Process.—An application for a grant or for other assistance for a specific project under this subtitle shall be made through the state member of the Commission representing the applicant. The state member shall evaluate the application for approval. To be approved, the state member must certify, and the Federal Cochairman must determine, that the application—

(1) implements the Commission-approved state development plan;

(2) is included in the Commission-approved strategy statement;

(3) adequately ensures that the project will be properly administered, operated, and maintained; and

(4) otherwise meets the requirements for assistance under this subtitle.

(c) Affirmative Vote Requirement Deemed Met.—After the appropriate state development plan and strategy statement are approved, certification by a state member, when joined by an affirmative vote of the Federal Cochairman, is deemed to satisfy the requirements for affirmative votes for decisions under section 14302(a) of this title.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1264.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

14322(a) 
40 App.:303 (1st sentence). 
Pub. L. 89–4, title III, §303, Mar. 9, 1965, 79 Stat. 20; Pub. L. 90–103, title I, §121, Oct. 11, 1967, 81 Stat. 265; Pub. L. 94–188, title I, §120, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 107–149, §13(i), Mar. 12, 2002, 116 Stat. 72.

14322(b) 
40 App.:303 (2d, 3d sentences).

14322(c) 
40 App.:303 (last sentence).
40 U.S.C. § 5109 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 51 / Section 5109: Penalties
Penalties
Status: in_force

(a) Firearms, Dangerous Weapons, Explosives, or Incendiary Device Offenses.—An individual or group violating section 5104(e)(1) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than five years, or both.

(b) Other Offenses.—A person violating section 5103 or 5104(b), (c), (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than six months, or both.

(c) Procedure.—

(1) In general.—An action for a violation of this chapter or section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), including an attempt or a conspiracy to commit a violation, shall be brought by the Attorney General in the name of the United States. This chapter and sections 9, 9A, 9B, 9C and 14 do not supersede any provision of federal law or the laws of the District of Columbia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C or 14 also violates federal law or the laws of the District of Columbia, both violations may be joined in a single action.

(2) Venue.—An action under this section for a violation of—

(A) section 5104(e)(1) of this title or for conduct that constitutes a felony under federal law or the laws of the District of Columbia shall be brought in the United States District Court for the District of Columbia; and

(B) any other section referred to in subsection (a) may be brought in the Superior Court of the District of Columbia.

(3) Amount of penalty.—The penalty which may be imposed on a person convicted in an action under this subsection is the highest penalty authorized by any of the laws the defendant is convicted of violating.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

5109 
40:193h. 
July 31, 1946, ch. 707, §8, 60 Stat. 719; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, §1(c), Oct. 20, 1967, 81 Stat. 277.

In subsection (a), the words "fined under title 18" are substituted for "a felony punishable by a fine not exceeding $5,000" for consistency with chapter 227 of title 18.

In subsection (b), the words "fined under title 18" are substituted for "a misdemeanor punishable by a fine not exceeding $500" for consistency with chapter 227 of title 18.

In subsection (c)(1), the words "An action . . . shall be brought" are substituted for ["]shall be prosecuted" for consistency with other titles of the United States Code. The words "the Attorney General" are substituted for "the United States attorney or his assistants" because of 28:509.

In subsection (c)(2)(B), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).

In subsection (c)(3), the words "of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia" are omitted as unnecessary.

Editorial Notes

References in Text

Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (c)(1), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
40 U.S.C. § 14523 (2024) — Title 40: PUBLIC BUILDINGS, PROPERTY, AND WORKS / Chapter 145 / Subchapter II / Section 14523: Program implementation
Program implementation
Status: in_force

(a) Requirements.—A program or project authorized under this chapter shall not be implemented until—

(1) the responsible federal official has decided that applications and plans relating to the program or project are not incompatible with the provisions and objectives of federal laws that the official administers that are not inconsistent with this subtitle; and

(2) the Appalachian Regional Commission has approved the program or project and has determined that it—

(A) meets the applicable criteria under section 14524 of this title and the requirements of the development planning process under section 14525 of this title; and

(B) will contribute to the development of the Appalachian region.

(b) Decision Is Controlling.—A decision under subsection (a)(2) is controlling and shall be accepted by the federal agencies.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

14523 
40 App.:223. 
Pub. L. 89–4, title II, §223, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §118, Oct. 11, 1967, 81 Stat. 264; Pub. L. 94–188, title I, §116, Dec. 31, 1975, 89 Stat. 1083.