H. R. 2068—44
§ 572. Real property
(a) IN GENERAL.—
(1) SEPARATE FUND.—Except as provided in subsection (b),
proceeds of the disposition of surplus real and related personal
property by the Administrator of General Services shall be
set aside in a separate fund in the Treasury.
(2) PAYMENT OF EXPENSES FROM THE FUND.—
(A) AUTHORITY.—From the fund described in paragraph
(1), the Administrator may obligate an amount to pay
the following direct expenses incurred for the use of excess
property and the disposal of surplus property under this
subtitle:
(i) Fees of appraisers, auctioneers, and realty bro-
kers, in accordance with the scale customarily paid
in similar commercial transactions.
(ii) Costs of environmental and historic preservation
services.
(iii) Advertising and surveying.
(B) LIMITATIONS.—
(i) PERCENTAGE LIMITATION.—In each fiscal year, no
more than 12 percent of the proceeds of all dispositions
of surplus real and related personal property may be
paid to meet direct expenses incurred in connection
with the dispositions.
(ii) DETERMINATION
OF
MAXIMUM
AMOUNT.—The
Director of the Office of Management and Budget each
quarter shall determine the maximum amount that
may be obligated under this paragraph.
(C) DIRECT PAYMENT OR REIMBURSEMENT.—An amount
obligated under this paragraph may be used to pay an
expense directly or to reimburse a fund or appropriation
that initially paid the expense.
(3) TRANSFER TO MISCELLANEOUS RECEIPTS.—At least once
each year, excess amounts beyond current operating needs shall
be transferred from the fund described in paragraph (1) to
miscellaneous receipts.
(4) REPORT.—A report of receipts, disbursements, and trans-
fers to miscellaneous receipts under this subsection shall be
made annually, in connection with the budget estimate, to
the Director and to Congress.
(b) REAL PROPERTY UNDER CONTROL OF A MILITARY DEPART-
MENT.—
(1) DEFINITIONS.—In this subsection, the following definitions
apply:
(A) 
MILITARY
INSTALLATION.—The 
term 
‘‘military
installation’’ has the meaning given that term in section
2687(e)(1) of title 10.
(B) BASE CLOSURE LAW.—The term ‘‘base closure law’’
has the meaning given that term in section 2667(h)(2)
of title 10.
(2) APPLICATION.—
(A) IN GENERAL.—This subsection applies to real prop-
erty, including any improvement on the property, that is
under the control of a military department and that the
Secretary of the department determines is excess to the
department’s needs.
(B) EXCEPTIONS.—This subsection does not apply to—
H. R. 2068—45
(i) damaged or deteriorated military family housing
facilities conveyed under section 2854a of title 10; or
(ii) property at a military installation designated
for closure or realignment pursuant to a base closure
law.
(3) TRANSFER BETWEEN MILITARY DEPARTMENTS.—The Sec-
retary of Defense shall provide that property described in para-
graph (2) is available for transfer, without reimbursement,
to other military departments within the Department of
Defense.
(4) ALTERNATIVE DISPOSITION BY ADMINISTRATOR OF GENERAL
SERVICES.—If property is not transferred pursuant to paragraph
(3), the Secretary of the military department with the property
under its control shall request the Administrator to transfer
or dispose of the property in accordance with this subtitle
or other applicable law.
(5) PROCEEDS.—
(A) DEPOSIT
IN
SPECIAL
ACCOUNT.—For a transfer or
disposition of property pursuant to paragraph (4), the
Administrator shall deposit any proceeds (less expenses
of the transfer or disposition as provided in subsection
(a)) in a special account in the Treasury.
(B) AVAILABILITY OF AMOUNT DEPOSITED.—To the extent
provided in an appropriation law, an amount deposited
in a special account under subparagraph (A) is available
for facility maintenance and repair or environmental res-
toration as follows:
(i) In the case of property located at a military
installation that is closed, the amount is available for
facility maintenance and repair or environmental res-
toration by the military department that had jurisdic-
tion over the property before the closure of the military
installation.
(ii) In the case of property located at any other
military installation—
(I) 50 percent of the amount is available for
facility maintenance and repair or environmental
restoration at the military installation where the
property was located before it was disposed of or
transferred; and
(II) 50 percent of the amount is available for
facility maintenance and repair and for environ-
mental restoration by the military department that
had jurisdiction over the property before it was
disposed of or transferred.
(6) REPORT.—As part of the annual request for authorizations
of appropriations to the Committees on Armed Services of the
Senate and the House of Representatives, the Secretary of
Defense shall include an accounting of each transfer and dis-
posal made in accordance with this subsection during the fiscal
year preceding the fiscal year in which the request is made.
The accounting shall include a detailed explanation of each
transfer and disposal and of the use of the proceeds received
from it by the Department of Defense.
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§ 573. Personal property
The Administrator of General Services may retain from the pro-
ceeds of sales of personal property the Administrator conducts
amounts necessary to recover, to the extent practicable, costs the
Administrator (or the Administrator’s agent) incurs in conducting
the sales. The Administrator shall deposit amounts retained into
the General Supply Fund established under section 321(a) of this
title. From the amounts deposited, the Administrator may pay
direct costs and reasonably related indirect costs incurred in con-
ducting sales of personal property. At least once each year, amounts
retained that are not needed to pay the direct and indirect costs
shall be transferred from the General Supply Fund to the general
fund or another appropriate account in the Treasury.
§ 574. Other rules regarding proceeds
(a) CREDIT TO REIMBURSABLE FUND OR APPROPRIATION.—
(1) APPLICATION.—This subsection applies to property
acquired with amounts—
(A) not appropriated from the general fund of the
Treasury; or
(B) appropriated from the general fund of the Treasury
but by law reimbursable from assessment, tax, or other
revenue or receipts.
(2) IN GENERAL.—The net proceeds of a disposition or transfer
of property described in paragraph (1) shall be—
(A) credited to the applicable reimbursable fund or appro-
priation; or
(B) paid to the federal agency that determined the prop-
erty to be excess.
(3) CALCULATION OF NET PROCEEDS.—For purposes of this
subsection, the net proceeds of a disposition or transfer of
property are the proceeds less all expenses incurred for the
disposition or transfer, including care and handling.
(4) ALTERNATIVE CREDIT TO MISCELLANEOUS RECEIPTS.—If the
agency that determined the property to be excess decides that
it is uneconomical or impractical to ascertain the amount of
net proceeds, the proceeds shall be credited to miscellaneous
receipts.
(b) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—
(1) DEPOSITS.—A federal agency that disposes of surplus prop-
erty under this chapter may deposit, in a special account in
the Treasury, amounts of the proceeds of the dispositions that
the agency decides are necessary to permit—
(A) appropriate refunds to purchasers for dispositions
that are rescinded or that do not become final; and
(B) payments for breach of warranty.
(2) WITHDRAWALS.—A federal agency that deposits proceeds
in a special account under paragraph (1) may withdraw
amounts to be refunded or paid from the account without
regard to the origin of the amounts withdrawn.
(c) CREDIT TO COST OF CONTRACTOR’S WORK.—If a contract made
by an executive agency, or a subcontract under that contract,
authorizes the proceeds of a sale of property in the custody of
a contractor or subcontractor to be credited to the price or cost
of work covered by the contract or subcontract, then the proceeds
of the sale shall be credited in accordance with the contract or
subcontract.
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(d) ACCEPTANCE OF PROPERTY INSTEAD OF CASH.—An executive
agency entitled to receive cash under a contract for the lease,
sale, or other disposition of surplus property may accept property
instead of cash if the President determines that the property is
strategic or critical material. The property is valued at the pre-
vailing market price when the cash payment becomes due.
(e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a dis-
position of surplus property under this chapter, if credit has been
extended, or if the disposition has been by lease or permit, the
Administrator of General Services, in a manner and on terms
the Administrator determines are in the best interest of the Federal
Government—
(1) shall administer and manage the credit, lease, or permit,
and any security for the credit, lease, or permit; and
(2) may enforce, adjust, and settle any right of the Govern-
ment with respect to the credit, lease, or permit.
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED
ACTIVITIES
§ 581. General authority of Administrator of General Serv-
ices
(a) APPLICABILITY.—To the extent that the Administrator of Gen-
eral 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.
(b) PERSONNEL AND EQUIPMENT.—The Administrator 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;
(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; and
(3) furnish arms and ammunition for the protection force
the Administration maintains.
(c) ACQUISITION AND MANAGEMENT OF PROPERTY.—
(1) REAL ESTATE.—The Administrator may acquire, by pur-
chase, 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 pay-
ment 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—
H. R. 2068—48
(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 pursu-
ant 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 Adminis-
trator 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 oper-
ations and functions. Assistance and services under this subsection
may include—
(1) employment of personal services without regard to chap-
ters 33 and 51 and subchapter III of chapter 53 of title 5;
(2) providing Government-owned and leased space for per-
sonnel 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 corpora-
tion occupying or using a plant or portion of a plant that
constitutes—
(A) any part of the Defense Industrial Reserve pursuant
to section 2535 of title 10; or
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(B) surplus real property; and
(2) credit an amount received for providing utilities and serv-
ices under this subsection to an applicable appropriation of
the Administration.
(g) OBTAINING PAYMENTS.—The Administrator may—
(1) obtain payments, through advances or otherwise, for serv-
ices, 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 Adminis-
trator considers necessary to promote competition and to protect
the public interest.
(2) OCCASIONAL USE OF SPACE FOR NON-COMMERCIAL PUR-
POSES.—The Administrator may make available, on occasion,
or lease at a rate and on terms and conditions that the Adminis-
trator 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, edu-
cational, 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 Adminis-
trator may furnish utilities, maintenance, repair, and other
services to a person, firm, or organization leasing space pursu-
ant to paragraph (1) or (2). The services may be provided
during and outside of regular working hours of federal agencies.
§ 582. Management of buildings by Administrator of General
Services
(a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the
request of a federal agency, a mixed-ownership Government corpora-
tion (as defined in chapter 91 of title 31), or the District of Columbia,
the Administrator of General Services may operate, maintain, and
protect a building that is owned by the Federal Government (or,
in the case of a wholly owned or mixed-ownership Government
corporation, by the corporation) and occupied by the agency or
instrumentality making the request.
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(b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET.—
(1) IN GENERAL.—When the Director of the Office of Manage-
ment and Budget determines that it is in the interest of
economy or efficiency, the Director shall transfer to the
Administrator all functions vested in a federal agency with
respect to the operation, maintenance, and custody of an office
building owned by the Government or a wholly owned Govern-
ment corporation, or an office building, or part of an office
building, that is occupied by a federal agency under a lease.
(2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of
functions shall not be made under this subsection for a post-
office building, unless the Director determines that the building
is not used predominantly for post-office purposes. The Adminis-
trator may delegate functions with respect to a post-office
building that are transferred to the Administrator under this
subsection only to another officer or employee of the General
Services Administration or to the Postmaster General.
(3) EXCEPTION FOR BUILDINGS IN A FOREIGN COUNTRY.—A
transfer of functions shall not be made under this subsection
for a building located in a foreign country.
(4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—
A transfer of functions shall not be made under this subsection
for a building located on the grounds of a facility of the Depart-
ment of Defense (including a fort, camp, post, arsenal, navy
yard, naval training station, airfield, proving ground, military
supply depot, or school) unless and only to the extent that
the Secretary of Defense has issued a permit for use by another
agency.
(5) EXCEPTION FOR GROUPS OF SPECIAL PURPOSE BUILDINGS.—
A transfer of functions shall not be made under this subsection
for a building that the Director finds to be a part of a group
of buildings that are—
(A) located in the same vicinity;
(B) used wholly or predominantly for the special purposes
of the agency with custody of the buildings; and
(C) not generally suitable for use by another agency.
(6) EXCEPTION
FOR
CERTAIN
GOVERNMENT
BUILDINGS.—A
transfer of functions shall not be made under this subsection
for the Treasury Building, the Bureau of Engraving and
Printing Building, the buildings occupied by the National
Institute of Standards and Technology, and the buildings under
the jurisdiction of the regents of the Smithsonian Institution.
§ 583. Construction of buildings
(a) AUTHORITY.—At the request of a federal agency, a mixed-
ownership Government corporation (as defined in chapter 91 of
title 31), or the District of Columbia, the Administrator of General
Services may—
(1) acquire land for a building or project authorized by Con-
gress;
(2) make or cause to be made (under contract or otherwise)
surveys and test borings and prepare plans and specifications
for a building or project prior to the Attorney General’s approval
of the title to the site; and
(3) contract for, and supervise, the construction, development,
and equipping of a building or project.
H. R. 2068—51
(b) TRANSFER OF AMOUNTS.—An amount available to a federal
agency or instrumentality for a building or project may be trans-
ferred, in advance, to the General Services Administration for pur-
poses the Administrator determines are necessary, including pay-
ment of salaries and expenses for preparing plans and specifications
and for field supervision.
§ 584. Assignment and reassignment of space
(a) AUTHORITY.—
(1) IN GENERAL.—Subject to paragraph (2), the Administrator
of General Services may assign or reassign space for an execu-
tive agency in any Federal Government-owned or leased
building.
(2) REQUIREMENTS.—The Administrator’s authority under
paragraph (1) may be exercised only—
(A) in accordance with policies and directives the Presi-
dent prescribes under section 121(a) of this title;
(B) after consultation with the head of the executive
agency affected; and
(C) on a determination by the Administrator that the
assignment or reassignment is advantageous to the Govern-
ment in terms of economy, efficiency, or national security.
(b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major
pedestrian access level (other than space leased under section
581(h)(1) or (2) of this title), the Administrator shall, where prac-
ticable, give priority to federal activities requiring regular contact
with the public. If the space is not available, the Administrator
shall provide space with maximum ease of access to building
entrances.
§ 585. Lease agreements
(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 accommoda-
tion 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 accommoda-
tion 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
H. R. 2068—52
the fund any costs necessary to provide services to the Govern-
ment’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.
§ 586. Charges for space and services
(a) DEFINITION.—In this section, ‘‘space and services’’ means
space, services, quarters, maintenance, repair, and other facilities.
(b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—
(1) IN GENERAL.—The Administrator of General Services shall
impose a charge for furnishing space and services.
(2) RATES.—The Administrator shall, from time to time, deter-
mine the rates to be charged for furnishing space and services
and shall prescribe regulations providing for the rates. The
rates shall approximate commercial charges for comparable
space and services. However, for a building for which the
Administrator is responsible for alterations only (as the term
‘‘alter’’ is defined in section 3301(a) of this title), the rates
shall be fixed to recover only the approximate cost incurred
in providing alterations.
(3) EXEMPTIONS.—The Administrator may exempt anyone
from the charges required by this subsection when the Adminis-
trator determines that charges would be infeasible or imprac-
tical. To the extent an exemption is granted, appropriations
to the General Services Administration are authorized to
reimburse the Federal Buildings Fund for any loss of revenue.
(c) CHARGES BY EXECUTIVE AGENCIES.—
(1) IN
GENERAL.—An executive agency, other than the
Administration, may impose a charge for furnishing space and
services at rates approved by the Administrator.
(2) CREDITING AMOUNTS RECEIVED.—An amount an executive
agency receives under this subsection shall be credited to the
appropriation or fund initially charged for providing the space
or service. However, amounts in excess of actual operating
and maintenance costs shall be credited to miscellaneous
receipts unless otherwise provided by law.
(d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make
rent payments to the Administration for lease space relating to
expansion needs of the agency. Payment rates shall approximate
commercial charges for comparable space as provided in subsection
(b). Payments shall be deposited into the Federal Buildings Fund.
The Administration may use amounts received under this sub-
section, in addition to amounts received as New Obligational
Authority, in the Rental of Space activity of the Fund.
§ 587. Telecommuting 
and 
other 
alternative 
workplace
arrangements
(a) DEFINITION.—In this section, the term ‘‘telecommuting cen-
ters’’ means flexiplace work telecommuting centers.
(b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR
OF GENERAL SERVICES.—