(A) any part of the Defense Industrial Reserve pursuant to sec-
tion 2535 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 Administra-
tion.
(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 Co-
lumbia; and
(2) credit the payments to the applicable appropriation of the Admin-
istration.
(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, court-
yard, 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 com-
petition 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 Adminis-
trator 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 per-
son, 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.
§ 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 corporation (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-own-
ership Government corporation, by the corporation) and occupied by the agen-
cy or instrumentality making the request.
(b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MANAGE-
MENT AND BUDGET.—
(1) IN GENERAL.—When the Director of the Office of Management 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 fed-
eral 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 Administrator may delegate functions with re-
spect 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 lo-
cated in a foreign country.
(4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—A trans-
fer of functions shall not be made under this subsection for a building
located on the grounds of a facility of the Department of Defense (includ-
ing a fort, camp, post, arsenal, navy yard, naval training station, air-
field, 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 build-
ing 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 Build-
ing, the Bureau of Engraving and Printing Building, the buildings occu-
pied by the National Institute of Standards and Technology, and the
buildings under the jurisdiction of the regents of the Smithsonian Insti-
tution.
§ 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 Congress;
(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.
(b) TRANSFER OF AMOUNTS.—An amount available to a federal agency or
instrumentality for a building or project may be transferred, in advance, to
the General Services Administration for purposes the Administrator deter-
mines are necessary, including payment of salaries and expenses for pre-
paring 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 executive 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 President pre-
scribes under section 121(a) of this title;
(B) after consultation with the head of the executive agency af-
fected; and
(C) on a determination by the Administrator that the assignment
or reassignment is advantageous to the Government in terms of
economy, efficiency, or national security.
(b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major pedes-
trian access level (other than space leased under section 581(h)(1) or (2) of
this title), the Administrator shall, where practicable, give priority to federal
activities requiring regular contact with the public. If the space is not avail-
able, 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 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 Govern-
ment and necessary for the accommodation of the federal agency. How-
ever, 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 GOV-
ERNMENT LAND.—Amounts made available to the General Services Adminis-
tration 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 Govern-
ment.
§ 586. Charges for space and services
(a) DEFINITION.—In this section, ‘‘space and services’’ means space, serv-
ices, quarters, maintenance, repair, and other facilities.
(b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—