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(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 fed-
eral agencies, state and local governments, and the private sector. The
Administrator shall give federal employees priority in using a telecom-
muting center. The Administrator may make a telecommuting center
available for use by others to the extent it is not fully utilized by fed-
eral 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 ap-
proximate commercial charges for comparable space and services. How-
ever, the user fee may not be less than necessary to pay the cost of
establishing and operating the telecommuting center, including the rea-
sonable 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 telecom-
muting centers.
(c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY
EXECUTIVE AGENCIES AND OTHERS.—
(1) DEFINITION.—In this subsection, the term ‘‘alternative work-
place 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 pro-
vide guidance, assistance, and oversight to any person regarding the es-
tablishment and operation of alternative workplace arrangements.
(d) AMOUNTS AVAILABLE
FOR FLEXIPLACE WORK TELECOMMUTING
PROGRAMS.—
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(1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele-
commuting program’’ means a program under which employees of a de-
partment 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 avail-
able 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.
§ 588. Movement and supply of office furniture
(a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a
substantial and identifiable segment of space (such as a building, floor, or
wing) in a location that the Administrator of General Services controls for
purposes of assignment of space.
(b) APPLICATION.—This section applies if an agency (or unit of the agen-
cy), moves from one controlled space to another, whether in the same or
a different location.
(c) MOVING EXISTING FURNITURE.—The furniture and furnishings used
by an agency (or organizational unit of the agency) shall be moved only if
the Administrator determines, after consultation with the head of the agen-
cy and with due regard for the program activities of the agency, that it
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would not be more economical and efficient to make suitable replacements
available in the new controlled space.
(d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter-
mination under subsection (c), suitable furniture and furnishings for the
new controlled space shall be provided from stocks under the control of the
moving agency or from stocks available to the Administrator, whichever the
Administrator determines to be more economical and efficient. However, the
same or similar items may not be provided from both sources.
(e) CONTROL
OF REPLACEMENT FURNITURE.—If furniture and fur-
nishings for a new controlled space are provided from stocks available to
the Administrator, the items being provided remain in the control of the Ad-
ministrator.
(f) CONTROL OF FURNITURE NOT MOVED.—
(1) IN GENERAL.—If furniture and furnishings for a new controlled
space are provided from stocks available to the Administrator, the fur-
niture and furnishings that were previously used by the moving agency
(or unit of the agency) pass to the control of the Administrator.
(2) REIMBURSEMENT.—
(A) IN GENERAL.—Furniture and furnishings passing to the
control of the Administrator under this section pass without reim-
bursement.
(B) EXCEPTION
FOR
TRUST
FUND.—If furniture and fur-
nishings that were purchased from a trust fund pass to the control
of the Administrator under this section, the Administrator shall
reimburse the trust fund for the fair market value of the furniture
and furnishings.
(3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and fur-
nishings are carried as assets of a revolving or working capital fund
at the time they pass to the control of the Administrator under this
section, the net book value of the furniture and furnishings shall be
written off and the capital of the fund is diminished by the amount
of the write-off.
§ 589. Installation, repair, and replacement of sidewalks
(a) IN GENERAL.—An executive agency may install, repair, and replace
sidewalks around buildings, installations, property, or grounds that are—
(1) under the agency’s control;
(2) owned by the Federal Government; and
(3) located in a State, the District of Columbia, Puerto Rico, or a
territory or possession of the United States.
(b) REIMBURSEMENT.—Subsection (a) may be carried out by—
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(1) reimbursement to a State or political subdivision of a State, the
District of Columbia, Puerto Rico, or a territory or possession of the
United States; or
(2) a means other than reimbursement.
(c) REGULATIONS.—Subsection (a) shall be carried out in accordance
with regulations the Administrator of General Services prescribes with the
approval of the Director of the Office of Management and Budget.
(d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for
installation, repair, and maintenance, generally, are available to carry out
this section.
(e) LIABILITY.—This section does not increase or enlarge the tort liability
of the Government for injuries to individuals or damages to property.
§ 590. Child care
(a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General
Services Administration’s licensing agreements, the Administrator of Gen-
eral Services shall provide guidance, assistance, and oversight to federal
agencies for the development of child care centers to provide economical and
effective child care for federal workers.
(b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—
(1) DEFINITIONS.—In this subsection, the following definitions
apply:
(A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’
means an individual or entity that provides or proposes to provide
child care services for federal employees.
(B) ALLOTMENT
OFFICER.—The term ‘‘allotment officer’’
means an officer or agency of the Federal Government charged
with the allotment of space in federal buildings.
(2) ALLOTMENT.—A child care provider may be allotted space in a
federal building by an allotment officer if—
(A) the child care provider applies to the allotment officer in the
community or district in which child care services are to be pro-
vided;
(B) the space is available; and
(C) the allotment officer determines that—
(i) the space will be used to provide child care services to
children of whom at least 50 percent have one parent or
guardian employed by the Government; and
(ii) the child care provider will give priority to federal em-
ployees for available child care services in the space.
(c) PAYMENT FOR SPACE AND SERVICES.—
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(1) DEFINITION.—For purposes of this subsection, the term ‘‘serv-
ices’’ includes the providing of lighting, heating, cooling, electricity, of-
fice furniture, office machines and equipment, classroom furnishings
and equipment, kitchen appliances, playground equipment, telephone
service (including installation of lines and equipment and other ex-
penses associated with telephone services), and security systems (in-
cluding installation and other expenses associated with security sys-
tems), including replacement equipment, as needed.
(2) NO CHARGE.—Space allotted under subsection (b) may be pro-
vided without charge for rent or services.
(3) REIMBURSEMENT FOR COSTS.—For space allotted under sub-
section (b), if there is an agreement for the payment of costs associated
with providing space or services, neither title 31, nor any other law,
prohibits or restricts payment by reimbursement to the miscellaneous
receipts or other appropriate account of the Treasury.
(d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility
in its space, or is a sponsoring agency for a child care facility in other fed-
eral or leased space, the agency or the Administration may—
(1) pay accreditation fees, including renewal fees, for the child care
facility to be accredited by a nationally recognized early-childhood pro-
fessional organization;
(2) pay travel and per diem expenses for representatives of the child
care facility to attend the annual Administration child care conference;
and
(3) enter into a consortium with one or more private entities under
which the private entities assist in defraying costs associated with the
salaries and benefits for personnel providing services at the facility.
(e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding sec-
tion 1345 of title 31, an agency, department, or instrumentality of the Gov-
ernment that provides or proposes to provide child care services for federal
employees may reimburse a federal employee or any individual employed to
provide child care services for travel, transportation, and subsistence ex-
penses incurred for training classes, conferences, or other meetings in con-
nection with providing the services. A per diem allowance made under this
subsection may not exceed the rate specified in regulations prescribed under
section 5707 of title 5.
(f) CRIMINAL HISTORY BACKGROUND CHECKS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive facility’’
means a facility owned or leased by an office or entity within the execu-
tive branch of the Government. The term includes a facility owned or
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leased by the General Services Administration on behalf of an office or
entity within the judicial branch of the Government.
(2) IN GENERAL.—All workers in a child care center located in an
executive facility shall undergo a criminal history background check as
defined in section 231 of the Crime Control Act of 1990 (42 U.S.C.
13041).
(3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This
subsection does not apply to a facility owned by or leased on behalf
of an office or entity within the legislative branch of the Government.
(g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—
(1) DEFINITION.—For purposes of this subsection, the term ‘‘Execu-
tive agency’’ has the meaning given that term in section 105 of title
5, but does not include the General Accounting Office.
(2) IN GENERAL.—In accordance with regulations the Office of Per-
sonnel Management prescribes, an Executive agency that provides or
proposes to provide child care services for federal employees may use
appropriated amounts that are otherwise available for salaries and ex-
penses to provide child care in a federal or leased facility, or through
contract, for civilian employees of the agency.
(3) AFFORDABILITY.—Amounts used pursuant to paragraph (2)
shall be applied to improve the affordability of child care for lower in-
come federal employees using or seeking to use the child care services.
(4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts
may be paid in advance to licensed or regulated child care providers
for services to be rendered during an agreed period.
(5) NOTIFICATION.—No amounts made available by law may be used
to implement this subsection without advance notice to the Committees
on Appropriations of the House of Representatives and the Senate.
§ 591. Purchase of electricity
(a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department, agen-
cy, or instrumentality of the Federal Government may not use amounts ap-
propriated or made available by any law to purchase electricity in a manner
inconsistent with state law governing the provision of electric utility service,
including—
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under
state statute, state regulation, or state-approved territorial agreements.
(b) EXCEPTIONS.—
(1) ENERGY SAVINGS.—This section does not preclude the head of
a federal agency from entering into a contract under section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287).
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(2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.—This section
does not preclude the Secretary of a military department from—
(A) entering into a contract under section 2394 of title 10; or
(B) purchasing electricity from any provider if the Secretary
finds that the utility having the applicable state-approved fran-
chise (or other service authorization) is unwilling or unable to
meet unusual standards of service reliability that are necessary for
purposes of national defense.
§ 592. Federal Buildings Fund
(a) EXISTENCE.—There is in the Treasury a fund known as the Federal
Buildings Fund.
(b) DEPOSITS.—
(1) IN GENERAL.—The following revenues and collections shall be
deposited into the Fund:
(A) User charges under section 586(b) of this title, payable in
advance or otherwise.
(B) Proceeds from the lease of federal building sites or addi-
tions under section 581(d) of this title.
(C) Receipts from carriers and others for loss of, or damage to,
property belonging to the Fund.
(2) REIMBURSEMENTS
FOR
SPECIAL
SERVICES.—This subchapter
does not preclude the Administrator of General Services from providing
special services, not included in the standard level user charge, on a
reimbursable basis. The reimbursements may be credited to the Fund.
(3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumula-
tion of excessive surpluses in the Fund, in any fiscal year an amount
specified in an appropriation law may be transferred out of the Fund
and deposited as miscellaneous receipts in the Treasury.
(c) USES.—
(1) IN GENERAL.—Deposits in the Fund are available for real prop-
erty management and related activities in the amounts specified in an-
nual appropriation laws without regard to fiscal year limitations.
(2) SALARIES
AND
EXPENSES
RELATED
TO
CONSTRUCTION
PROJECTS OR PLANNING PROGRAMS.—Deposits in the Fund that are
available pursuant to annual appropriation laws may be transferred
and consolidated on the books of the Treasury into a special account
in accordance with, and for the purposes specified in, section 3176 of
this title.
(3) REPAYMENT
OF
GENERAL
SERVICES
ADMINISTRATION
BOR-
ROWING FROM FEDERAL FINANCING BANK.—The Administrator, in ac-
cordance with rules and procedures that the Office of Management and
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Budget and the Secretary of the Treasury establish, may transfer from
the Fund an amount necessary to repay the principal amount of a Gen-
eral Services Administration borrowing from the Federal Financing
Bank, if the borrowing is a legal obligation of the Fund.
(4) BUILDINGS
DEEMED
FEDERALLY
OWNED.—For purposes of
amounts authorized to be expended from the Fund, the following are
deemed to be federally owned buildings:
(A) A building constructed pursuant to the purchase contract
authority of section 5 of the Public Buildings Amendments of
1972 (Public Law 92–313, 86 Stat. 219).
(B) A building occupied pursuant to an installment purchase
contract.
(C) A building under the control of a department or agency, if
alterations of the building are required in connection with moving
the department or agency from a former building that is, or will
be, under the control of the Administration.
(d) ENERGY MANAGEMENT PROGRAMS.—
(1) RECEIVING CASH INCENTIVES.—The Administrator may receive
amounts from rebates or other cash incentives related to energy savings
and shall deposit the amounts in the Fund for use as provided in para-
graph (4).
(2) RECEIVING GOODS OR SERVICES.—The Administrator may ac-
cept, from a utility, goods or services that enhance the energy efficiency
of federal facilities.
(3) ASSIGNMENT OF ENERGY REBATES.—In the administration of
real property that the Administrator leases and for which the Adminis-
trator pays utility costs, the Administrator may assign all or a portion
of energy rebates to the lessor to underwrite the costs incurred in un-
dertaking energy efficiency improvements in the real property if the
payback period for the improvement is at least 2 years less than the
remainder of the term of the lease.
(4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVE-
MENT PROGRAMS.—In addition to amounts appropriated for energy
management improvement programs and without regard to subsection
(c)(1), the Administrator may obligate for those programs—
(A) amounts received and deposited in the Fund under para-
graph (1);
(B) goods and services received under paragraph (2); and
(C) amounts the Administrator determines are not needed for
other authorized projects and that are otherwise available to im-
plement energy efficiency programs.
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(e) RECYCLING PROGRAMS.—
(1) RECEIVING AMOUNTS.—The Administrator may receive amounts
from the sale of recycled materials and shall deposit the amounts in
the Fund for use as provided in paragraph (2).
(2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In addition
to amounts appropriated for such purposes and without regard to sub-
section (c)(1), the Administrator may obligate amounts received and
deposited in the Fund under paragraph (1) for programs which—
(A) promote further source reduction and recycling programs;
and
(B) encourage employees to participate in recycling programs by
providing financing for child care.
(f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND
RECYCLING PROGRAMS.—The Fund may receive, in the form of rebates,
cash incentives or otherwise, any revenues, collections, or other income re-
lated to energy savings or recycling efforts. Amounts received under this
subsection remain in the Fund until expended and remain available for fed-
eral energy management improvement programs, recycling programs, or em-
ployee programs that are authorized by law or that the Administrator con-
siders appropriate. The Administration may use amounts received under
this subsection, in addition to amounts received as New Obligational Au-
thority, in activities of the Fund as necessary.
§ 593. Protection for veterans preference employees
(a) DEFINITIONS.—In this section, the following definitions apply:
(1) COVERED SERVICES.—The term ‘‘covered services’’ means any
guard, elevator operator, messenger, or custodial services.
(2) SHELTERED
WORKSHOP.—The term ‘‘sheltered workshop’’
means a sheltered workshop employing the severely handicapped under
the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).
(b) IN GENERAL.—Except as provided in subsection (c), amounts made
available to the Administration pursuant to section 592 of this title may not
be obligated or expended to procure covered services by contract if an em-
ployee who was a permanent veterans preference employee of the Adminis-
tration on November 19, 1995, would be terminated as a result.
(c) EXCEPTION.—Amounts made available to the Administration pursu-
ant to section 592 of this title may be obligated and expended to procure
covered services by contract with a sheltered workshop or, if sheltered work-
shops decline to contract for the provision of covered services, by competitive
contract for a period of no longer than 5 years. When a competitive contract
expires, or is terminated for any reason, the Administration shall again offer