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(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 work-
ing hours of federal agencies.
§ 582. Management of buildings by Administrator of General
Services
(a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the re-
quest of a federal agency, a mixed-ownership Government corporation (as
defined in chapter 91 of title 31), or the District of Columbia, the Adminis-
trator 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 occu-
pied by the agency or instrumentality making the request.
(b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MAN-
AGEMENT 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 effi-
ciency, 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 Government corporation, or an office building, or part of an of-
fice building, that is occupied by a federal agency under a lease.
(2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of func-
tions shall not be made under this subsection for a post-office building,
unless the Director determines that the building is not used predomi-
nantly for post-office purposes. The Administrator may delegate func-
tions 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 trans-
fer 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 Department of De-
fense (including a fort, camp, post, arsenal, navy yard, naval training
station, airfield, proving ground, military supply depot, or school) un-
less and only to the extent that the Secretary of Defense has issued
a permit for use by another agency.
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(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 build-
ings occupied by the National Institute of Standards and Technology,
and the buildings under the jurisdiction of the regents of the Smithso-
nian 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 Dis-
trict 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 de-
termines 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 para-
graph (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
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(C) on a determination by the Administrator that the assign-
ment 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 pe-
destrian access level (other than space leased under section 581(h)(1) or (2)
of this title), the Administrator shall, where practicable, give priority to fed-
eral activities requiring regular contact with the public. If the space is not
available, the Administrator shall provide space with maximum ease of ac-
cess 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 agen-
cy 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 agen-
cy. 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 nec-
essary 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 Gov-
ernment.
(c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS ON GOV-
ERNMENT LAND.—Amounts made available to the General Services Admin-
istration 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 Gov-
ernment.
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§ 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 im-
pose a charge for furnishing space and services.
(2) RATES.—The Administrator shall, from time to time, determine
the rates to be charged for furnishing space and services and shall pre-
scribe 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 Administrator determines
that charges would be infeasible or impractical. To the extent an ex-
emption is granted, appropriations to the General Services Administra-
tion 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 Administra-
tion, may impose a charge for furnishing space and services at rates
approved by the Administrator.
(2) CREDITING AMOUNTS RECEIVED.—An amount an executive agen-
cy 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 re-
ceived under this subsection, in addition to amounts received as New
Obligational Authority, in the Rental of Space activity of the Fund.
§ 587. Telecommuting and other alternative workplace ar-
rangements
(a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’
means flexiplace work telecommuting centers.