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(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
(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
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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 established by section 592(a) of this title. 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 Admin-
istration for the payment of rent may be used to lease space, for a period
of not more than 30 years, in a building erected on land owned by the Gov-
ernment.
§ 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 may be used to reimburse the Federal Buildings Fund (established
by section 592(a) of this title) for any loss of revenue.
(c) CHARGES BY EXECUTIVE AGENCIES.—
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(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 Fund established under section 592(a) of this title. The Adminis-
tration may use amounts received under this subsection, in addition to
amounts received as New Obligational Authority, in the Rental of Space ac-
tivity 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.
(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 estab-
lished by section 592(a) of this title and use the fees to pay costs
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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.—
(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.
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(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
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.
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(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—
(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:
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(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.—
(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;
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(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.
§ 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).
(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) ESTABLISHMENT.—There is in the Treasury a fund known as the
Federal Buildings Fund.
(b) DEPOSITS.—
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(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
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) PROTECTION FOR VETERANS PREFERENCE EMPLOYEES.—
(A) DEFINITIONS.—In this paragraph, the following definitions
apply:
(i) COVERED
SERVICES.—The term ‘‘covered services’’
means any guard, elevator operator, messenger, or custodial
services.
(ii) SHELTERED WORKSHOP.—The term ‘‘sheltered work-
shop’’ means a sheltered workshop employing the severely