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(1) ESTABLISHMENT.—The Administrator of General Services
may acquire space for, establish, and equip telecommuting cen-
ters for use in accordance with this subsection.
(2) USE.—A telecommuting center may be used by employees
of federal agencies, state and local governments, and the private
sector. The Administrator shall give federal employees priority
in using a telecommuting center. The Administrator may make
a telecommuting center available for use by others to the extent
it is not fully utilized by federal 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 approximate commercial charges for comparable
space and services. However, the user fee may not be less
than necessary to pay the cost of establishing and operating
the telecommuting center, including the reasonable cost of ren-
ovation 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 telecommuting centers.
(c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS
BY EXECUTIVE AGENCIES AND OTHERS.—
(1) DEFINITION.—In this subsection, the term ‘‘alternative
workplace arrangements’’ includes telecommuting, hoteling, vir-
tual 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
provide guidance, assistance, and oversight to any person
regarding the establishment and operation of alternative work-
place arrangements.
(d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING
PROGRAMS.—
(1) DEFINITION.—In this subsection, the term ‘‘flexiplace work
telecommuting program’’ means a program under which
employees of a department 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 depart-
ments and agencies, in each fiscal year at least $50,000 of
amounts made available 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.
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(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 agency), 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 agency 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
determination under subsection (c), suitable furniture and fur-
nishings 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 avail-
able to the Administrator, the items being provided remain in
the control of the Administrator.
(f) CONTROL OF FURNITURE NOT MOVED.—
(1) IN GENERAL.—If furniture and furnishings for a new con-
trolled space are provided from stocks available to the Adminis-
trator, the furniture 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 reimbursement.
(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
furnishings are carried as assets of a revolving or working
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capital fund at the time they pass to the control of the Adminis-
trator 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 accord-
ance with regulations the Administrator of General Services pre-
scribes with the approval of the Director of the Office of Manage-
ment 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 Gen-
eral Services Administration’s licensing agreements, the Adminis-
trator of General 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 pro-
vider’’ means an individual or entity that provides or pro-
poses 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 provided;
(B) the space is available; and
(C) the allotment officer determines that—
(i) the space will be used to provide child care serv-
ices to children of whom at least 50 percent have
one parent or guardian employed by the Government;
and
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(ii) the child care provider will give priority to federal
employees for available child care services in the space.
(c) PAYMENT FOR SPACE AND SERVICES.—
(1) DEFINITION.—For purposes of this subsection, the term
‘‘services’’ includes the providing of lighting, heating, cooling,
electricity, office furniture, office machines and equipment,
classroom furnishings and equipment, kitchen appliances, play-
ground equipment, telephone service (including installation of
lines and equipment and other expenses associated with tele-
phone services), and security systems (including installation
and other expenses associated with security systems), including
replacement equipment, as needed.
(2) NO CHARGE.—Space allotted under subsection (b) may
be provided without charge for rent or services.
(3) REIMBURSEMENT FOR COSTS.—For space allotted under
subsection (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 appro-
priate 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 federal or leased space, the agency or the Adminis-
tration may—
(1) pay accreditation fees, including renewal fees, for the
child care facility to be accredited by a nationally recognized
early-childhood professional 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 associ-
ated with the salaries and benefits for personnel providing
services at the facility.
(e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding
section 1345 of title 31, an agency, department, or instrumentality
of the Government 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 expenses incurred for training
classes, conferences, or other meetings in connection 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 executive branch of the Government. The term
includes a facility owned or 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 back-
ground 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