
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC490]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                   SUBCHAPTER II--PROPERTY MANAGEMENT
 
Sec. 490. Operation of buildings and related activities by 
        Administrator
        

(a) General duties

    Whenever and to the extent that the Administrator has been or 
hereafter may be authorized by any provision of law other than this 
subsection to maintain, operate, and protect any building, property, or 
grounds situated in or outside the District of Columbia, including the 
construction, repair, preservation, demolition, furnishing, and 
equipment thereof, he is authorized in the discharge of the duties so 
conferred upon him--
        (1) to purchase, repair, and clean uniforms for civilian 
    employees of the General Services Administration who are required by 
    law or regulation to wear uniform clothing;
        (2) to furnish arms and ammunition for the protection force 
    maintained by the General Services Administration;
        (3) to pay ground rent for buildings owned by the United States 
    or occupied by Federal agencies, and to pay such rent in advance 
    when required by law or when the Administrator shall determine such 
    action to be in the public interest;
        (4) to employ and pay personnel employed in connection with the 
    functions of operation, maintenance, and protection of property at 
    such per diem rates as may be approved by the Administrator, not 
    exceeding rates currently paid by private industry for similar 
    services in the place where such services are performed;
        (5) without regard to the provisions of section 278a \1\ of this 
    title, to pay rental, and to make repairs, alterations, and 
    improvements under the terms of any lease entered into by, or 
    transferred to, the General Services Administration for the housing 
    of any Federal agency which on June 30, 1950, was specifically 
    exempted by law from the requirements of said section;
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    \1\ See References in Text note below.
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        (6) to obtain payments, through advances or otherwise, for 
    services, space, quarters, maintenance, repair, or other facilities 
    furnished, on a reimbursable basis, to any other Federal agency, or 
    any mixed-ownership corporation (as defined in chapter 91 of title 
    31), or the District of Columbia, and to credit such payments to the 
    applicable appropriation of the General Services Administration;
        (7) to make changes in, maintain, and repair the pneumatic tube 
    system connecting buildings owned by the United States or occupied 
    by Federal agencies in New York City installed under franchise of 
    the city of New York, approved June 29, 1909, and June 11, 1928, and 
    to make payments of any obligations arising thereunder in accordance 
    with the provisions of the Acts approved August 5, 1909 (36 Stat. 
    120), and May 15, 1928 (45 Stat. 533);
        (8) to repair, alter, and improve rented premises, without 
    regard to the 25 per centum limitation of section 278a \1\ of this 
    title, upon a determination by the Administrator that by reason of 
    circumstances set forth in such determination the execution of such 
    work, without reference to such limitation, is advantageous to the 
    Government in terms of economy, efficiency, or national security: 
    Provided, That such determination shall show that the total cost 
    (rentals, repairs, alterations, and improvements) to the Government 
    for the expected life of the lease shall be less than the cost of 
    alternative space which needs no such repairs, alterations, or 
    improvements;
        (9) to pay sums in lieu of taxes on real property declared 
    surplus by Government corporations, pursuant to the Surplus Property 
    Act of 1944, where legal title to such property remains in any such 
    Government corporation;
        (10) to furnish utilities and other services where such 
    utilities and other services are not provided from other sources to 
    persons, firms, or corporations occupying or utilizing plants or 
    portions of plants which constitute (A) a part of the National 
    Industrial Reserve pursuant to the National Industrial Reserve Act 
    of 1948 [50 U.S.C. 451 et seq.], or (B) surplus real property, and 
    to credit the amounts received therefrom to the applicable 
    appropriation of the General Services Administration;
        (11) at the direction of the Secretary of Defense, to use 
    proceeds received from insurance against damage to properties of the 
    National Industrial Reserve for repair or restoration of the damaged 
    properties;
        (12) to acquire, by purchase, condemnation, or otherwise, real 
    estate and interests therein;
        (13) to enter into leases of Federal building sites and 
    additions to sites, including improvements thereon, until they are 
    needed for construction purposes, at their fair rental value and 
    upon such other terms and conditions as the Administrator deems in 
    the public interest pursuant to the provisions of section 484(e) of 
    this title. Such leases may be negotiated without public advertising 
    for bids if the lessee is the former owner from whom the property 
    was acquired by the United States or his tenant in possession, and 
    the lease is negotiated incident to or in connection with the 
    acquisition of the property. Rentals received under leases executed 
    pursuant to this paragraph may be deposited into the Buildings 
    Management Fund established by subsection (f) of this section;
        (14) to enter into contracts for periods not exceeding five 
    years for the inspection, maintenance, and repair of fixed equipment 
    in such buildings which are federally owned;
        (15) to render direct assistance to and perform special services 
    for the Inaugural Committee (as defined in section 501 of title 36) 
    during an inaugural period in connection with Presidential inaugural 
    operations and functions, including employment of personal services 
    without regard to the civil service and classification laws; provide 
    Government-owned and leased space for personnel and parking; pay 
    overtime to guard and custodial forces; erect and remove stands and 
    platforms; provide and operate first-aid stations; provide furniture 
    and equipment; and provide other incidental services in the 
    discretion of the Administrator;
        (16) to enter into leases of space on major pedestrian access 
    levels and courtyards and rooftops of any public building with 
    persons, firms, or organizations engaged in commercial, cultural, 
    educational, or recreational activities (as defined in section 612a 
    of this title). The Administrator shall establish a rental rate for 
    such leased space equivalent to the prevailing commercial rate for 
    comparable space devoted to a similar purpose in the vicinity of the 
    public building. Such leases may be negotiated without competitive 
    bids, but shall contain such terms and conditions and be negotiated 
    pursuant to such procedures as the Administrator deems necessary to 
    promote competition and to protect the public interest;
        (17) to make available, on occasion, or to lease at such rates 
    and on such other terms and conditions as the Administrator deems to 
    be in the public interest, auditoriums, meeting rooms, courtyards, 
    rooftops, and lobbies of public buildings to persons, firms, or 
    organizations engaged in cultural, educational, or recreational 
    activities (as defined in section 612a of this title) that will not 
    disrupt the operation of the building;
        (18) to deposit into the fund established by subsection (f) of 
    this section all sums received under leases or rentals executed 
    pursuant to paragraphs (16) and (17) of this subsection, and each 
    sum shall be credited to the appropriation made for such fund 
    applicable to the operation of such building; and
        (19) to furnish utilities, maintenance, repair, and other 
    services to persons, firms, or organizations leasing space pursuant 
    to paragraphs (16) and (17) of this subsection. Such services may be 
    provided during and outside of regular working hours of Federal 
    agencies.

(b) Buildings owned by United States

    At the request of any Federal agency or any mixed-ownership 
corporation (as defined in chapter 91 of title 31), or the District of 
Columbia, the Administrator is authorized to operate, maintain, and 
protect any building owned by the United States (or, in the case of any 
wholly owned or mixed-ownership Government corporation, by such 
corporation) and occupied by the agency or instrumentality making such 
request.

(c) Acquisition of land; surveys; construction services

    At the request of any Federal agency or any mixed-ownership 
corporation (as defined in chapter 91 of title 31), or the District of 
Columbia, the Administrator is authorized (1) to acquire land for 
buildings and projects authorized by the Congress; (2) to make or cause 
to be made, under contract or otherwise, surveys and test borings and to 
prepare plans and specifications for such buildings and projects prior 
to the approval by the Attorney General of the title to the sites 
thereof; and (3) to contract for, and to supervise, the construction and 
development and the equipping of such buildings or projects. Any sum 
available to any such Federal agency or instrumentality for any such 
building or project may be transferred by such agency to the General 
Services Administration in advance for such purposes as the 
Administrator shall determine to be necessary, including the payment of 
salaries and expenses of personnel engaged in the preparation of plans 
and specifications or in field supervision, and for general office 
expenses to be incurred in the rendition of any such service.

(d) Transfer of functions

    Whenever the Director of the Office of Management and Budget shall 
determine such action to be in the interest of economy or efficiency, he 
shall transfer to the Administrator all functions then vested in any 
other Federal agency with respect to the operation, maintenance, and 
custody of any office building owned by the United States or any wholly 
owned Government corporation, or any office building or part thereof 
occupied by any Federal agency under any lease, except that no transfer 
shall be made under this subsection--
        (1) of any post-office building unless the Director shall first 
    determine that such building is not used predominantly for post-
    office purposes, and functions which are transferred hereunder to 
    the Administrator with respect to any post-office building may be 
    delegated by him only to another officer or employee of the General 
    Services Administration or to the Postmaster General;
        (2) of any building located in any foreign country;
        (3) of any building located on the grounds of any fort, camp, 
    post, arsenal, navy yard, naval training station, airfield, proving 
    ground, military supply depot, or school, or of any similar facility 
    of the Department of Defense, unless and to such extent as a permit 
    for its use by another agency or agencies shall have been issued by 
    the Secretary of Defense or his duly authorized representative;
        (4) of any building which the Director of the Office of 
    Management and Budget finds to be a part of a group of buildings 
    which are (A) located in the same vicinity, (B) utilized wholly or 
    predominantly for the special purposes of the agency having custody 
    thereof, and (C) not generally suitable for the use of other 
    agencies; or
        (5) of the Treasury Building, the Bureau of Engraving and 
    Printing Building, the buildings occupied by the National Institute 
    of Standards and Technology, and the buildings under the 
    jurisdiction of the regents of the Smithsonian Institution.

(e) Assignment and reassignment of space

    Notwithstanding any other provision of law, the Administrator is 
authorized, in accordance with policies and directives prescribed by the 
President under section 486(a) of this title and after consultation with 
the heads of the executive agencies affected, to assign and reassign 
space of all executive agencies in Government-owned and leased buildings 
in and outside the District of Columbia upon a determination by the 
Administrator that such assignment or reassignment is advantageous to 
the Government in terms of economy, efficiency, or national security. 
The Administrator shall, where practicable, give priority in the 
assignment of space on any major pedestrian access level not leased 
under the terms of subsection (a)(16) or (a)(17) of this section in such 
buildings to Federal activities requiring regular contact with members 
of the public. To the extent such space is unavailable, the 
Administrator shall provide space with maximum ease of access to 
building entrances.

(f) Fund for real property management and related activities; 
        establishment; deposit of revenues and collections; merger of 
        unexpended balances; assumption of liabilities, obligations, and 
        commitments; appropriation of advances; special services

    (1) There is hereby established in the Treasury of the United States 
on such date as may be determined by the Administrator, a fund (to be 
known as the Federal Buildings Fund) into which there shall be deposited 
the following revenues and collections:
        (A) User charges made pursuant to subsection (j) of this section 
    payable in advance or otherwise.
        (B) Proceeds with respect to building sites authorized to be 
    leased pursuant to subsection (a) of this section.
        (C) Receipts from carriers and others for loss of, or damage to, 
    property belonging to the fund.

    (2) Moneys deposited into the fund shall be available for 
expenditure for real property management and related activities in such 
amounts as are specified in annual appropriations Acts without regard to 
fiscal year limitations.
    (3) There are hereby merged with the fund established under this 
subsection, unexpended balances of (A) the Buildings Management Fund 
(including any surplus therein), established pursuant to this subsection 
prior to its amendment by the Public Buildings Amendments of 1972; (B) 
the Construction Services Fund, created by section 296 of this title; 
and (C) any funds appropriated to General Services Administration under 
the headings ``Repair and Improvement of Public Buildings'', 
``Construction, Public Buildings Projects'', ``Sites and Expenses, 
Public Buildings Projects'', ``Construction, Federal Office Building 
Numbered 7, Washington, District of Columbia'', and ``Additional Court 
Facilities'', in any appropriation Act, for the years prior to the 
fiscal year in which the fund becomes operational. The fund shall assume 
all the liabilities, obligations, and commitments of the said (1) 
Buildings Management Fund, (2) Construction Services Fund, and (3) the 
appropriations specified in (C) hereof.
    (4) There is authorized to be appropriated to the fund for the 
fiscal year in which the fund becomes operational, and for the 
succeeding fiscal year, such advances to the fund as may be necessary to 
carry out its purposes. Such advances shall be repaid within 30 years, 
with interest at a rate not less than a rate determined by the Secretary 
of the Treasury taking into consideration the current average market 
yield on outstanding marketable obligations of the United States with 
remaining period to maturity comparable to the average maturities of 
such advances adjusted to the nearest one-eighth of 1 per centum.
    (5) In any fiscal year there may be deposited to miscellaneous 
receipts in the Treasury of the United States such amount as may be 
specified in appropriation Acts.
    (6) Nothing in this section shall preclude the Administrator from 
providing special services not included in the standard level user 
charge on a reimbursable basis and such reimbursements may be credited 
to the fund established under this subsection.
    (7)(A) The Administrator is authorized to receive amounts from 
rebates or other cash incentives related to energy savings and shall 
deposit such amounts in the Federal Buildings Fund for use as provided 
in subparagraph (D).
    (B) The Administrator may accept, from a utility, goods or services 
which enhance the energy efficiency of Federal facilities.
    (C) In the administration of any real property for which the 
Administrator leases and pays utility costs, the Administrator may 
assign all or a portion of energy rebates to the lessor to underwrite 
the costs incurred in undertaking energy efficiency improvements in such 
real property if the payback period for such improvement is at least 2 
years less than the remainder of the term of the lease.
    (D) The Administrator may, in addition to amounts appropriated for 
such purposes and without regard to paragraph (2), obligate for energy 
management improvement programs--
        (i) amounts received and deposited in the Federal Buildings Fund 
    under subparagraph (A);
        (ii) goods and services received under subparagraph (B); and
        (iii) amounts the Administrator determines are not needed for 
    other authorized projects and are otherwise available to implement 
    energy efficiency programs.

    (8)(A) The Administrator is authorized to receive amounts from the 
sale of recycled materials and shall deposit such amounts in the Federal 
Buildings Fund for use as provided in subparagraph (B).
    (B) The Administrator may, in addition to amounts appropriated for 
such purposes and without regard to paragraph (2), obligate amounts 
received and deposited in the Federal Buildings Fund under subparagraph 
(A) for programs which--
        (i) promote further source reduction and recycling programs; and
        (ii) encourage employees to participate in recycling programs by 
    providing funding for child care.

(g) Office furniture; movement and supply

    Whenever an agency, or an organizational unit thereof, occupying a 
substantial and identifiable segment of space (building, floor, wing, 
and so forth) in a location controlled for purposes of assignment of 
space by the Administrator, is moved to such a substantial and 
identifiable segment of space in the same or another location so 
controlled by the Administrator, furniture and furnishings used by the 
moving agency or unit shall be moved only if the Administrator, after 
consultation with the head of the agency concerned, and with due regard 
for the program activities of such agency, shall determine that suitable 
replacements cannot more economically and efficiently be made available 
in the new space. In the absence of such determination, suitable 
furniture and furnishings for the new space shall be provided, as the 
Administrator shall determine to be more economical and efficient, (1) 
from stocks under the control of the moving agency or (2) from stocks 
available to the Administrator, but the same or similar items shall not 
be provided from both sources. When furniture and furnishings are 
provided for the new space from stocks available to the Administrator, 
the items so provided shall remain in the control of the Administrator, 
and the furniture and furnishings previously used by the moving agency 
or unit and not moved to the new space shall pass to the control of the 
Administrator without reimbursement. When furniture and furnishings not 
so moved are carried as assets of a revolving or working capital fund at 
the time they pass to the control of the Administrator, the net book 
value thereof shall be written off and the capital of the fund 
diminished by the amount of such write-off. When furniture or 
furnishings which have been purchased from trust funds pass to the 
control of the Administrator pursuant to this subsection, reimbursement 
shall be made by the Administrator for the fair market value of such 
furniture and furnishings.

(h) Lease agreements for periods not exceeding twenty years

    (1) The Administrator is authorized to enter into lease agreements 
with any person, copartnership, corporation, or other public or private 
entity, which do not bind the Government for periods in excess of twenty 
years for each such lease agreement, on such terms as he deems to be in 
the interest of the United States and necessary for the accommodation of 
Federal agencies in buildings and improvements which are in existence or 
to be erected by the lessor for such purposes and to assign and reassign 
space therein to Federal agencies.
    (2) If the unexpired portion of any lease of space to the Government 
is determined by the Administrator to be surplus property and the 
property is thereafter disposed of by sublease by the Administrator, the 
Administrator is authorized, notwithstanding section 485(a) of this 
title, to deposit rental received in the buildings management fund 
(subsection (f) of this section) and 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.

(i) Installation, repair, and replacement of sidewalks

    (1) Any executive agency is authorized to install, repair, and 
replace sidewalks around buildings, installations, properties, or 
grounds under the control of such agency and owned by the United States 
within the several States, the District of Columbia, the Commonwealth of 
Puerto Rico, and the possessions of the United States, by reimbursement 
to a State or political subdivision thereof, the District of Columbia, 
the Commonwealth of Puerto Rico, and a possession of the United States, 
or otherwise.
    (2) Installation, repair, and replacement under this subsection 
shall be performed in accordance with regulations to be prescribed by 
the Administrator of General Services with the approval of the Director 
of the Office of Management and Budget.
    (3) Funds appropriated to the agency for installation, repair, and 
maintenance, generally, shall be available for expenditure to accomplish 
the purposes of this subsection.
    (4) Nothing contained herein shall increase or enlarge the tort 
liability of the United States for injuries to persons or damages to 
property beyond such liability presently existing by virtue of any other 
law.

(j) Charges for space and services furnished by Administrator; 
        determination of rates; exemption from charges

    The Administrator is authorized and directed to charge anyone 
furnished services, space, quarters, maintenance, repair, or other 
facilities (hereinafter referred to as space and services), at rates to 
be determined by the Administrator from time to time and provided for in 
regulations issued by him. Such rates and charges shall approximate 
commercial charges for comparable space and services, except that with 
respect to those buildings for which the Administrator of General 
Services is responsible for alterations only (as the term ``alter'' is 
defined in section 612(5) of this title), the rates charged the occupant 
for such services shall be fixed by the Administrator so as to recover 
only the approximate applicable cost incurred by him in providing such 
alterations. The Administrator may exempt anyone from the charges 
required by this subsection if he determines that such charges would be 
infeasible or impractical. To the extent any such exemption is granted, 
appropriations to the General Services Administration are authorized to 
reimburse the fund for any loss of revenue.

(k) Charges for space and services furnished by executive agencies; 
        approval of rates by Administrator; credit to appropriation or 
        fund

    Any executive agency, other than the General Services 
Administration, which provides to anyone space and services set forth in 
subsection (j) of this section, is authorized to charge the occupant for 
such space and services at rates approved by the Administrator. Moneys 
derived by such executive agency from such rates or fees shall be 
credited to the appropriation or fund initially charged for providing 
the service, except that amounts which are in excess of actual operating 
and maintenance costs of providing the service shall be credited to 
miscellaneous receipts unless otherwise authorized by law.

(l) Flexiplace work telecommuting centers

    (1) The Administrator may establish, acquire space for, and equip 
flexiplace work telecommuting centers (in this subsection referred to as 
``telecommuting centers'') for use by employees of Federal agencies, 
State and local governments, and the private sector in accordance with 
this subsection.
    (2) The Administrator may make any telecommuting center available 
for use by individuals who are not Federal employees to the extent the 
center is not being fully utilized by Federal employees. The 
Administrator shall give Federal employees priority in using the 
telecommuting centers.
    (3)(A) The Administrator shall charge user fees for the use of any 
telecommuting center. The amount of the user fee shall approximate 
commercial charges for comparable space and services except that in no 
instance shall such fee be less than that necessary to pay the cost of 
establishing and operating the center, including the reasonable cost of 
renovation and replacement of furniture, fixtures, and equipment.
    (B) Amounts received by the Administrator after September 30, 1993, 
as user fees for use of any telecommuting center may be deposited into 
the Fund established under subsection (f) of this section and may be 
used by the Administrator to pay costs incurred in the establishment and 
operation of the center.
    (4) The Administrator may provide guidance, assistance, and 
oversight to any person regarding establishment and operation of 
alternative workplace arrangements, such as telecommuting, hoteling, 
virtual offices, and other distributive work arrangements.
    (5) In considering whether to acquire any space, quarters, 
buildings, or other facilities for use by employees of any executive 
agency, the head of that agency shall consider whether the need for the 
facilities can be met using alternative workplace arrangements referred 
to in paragraph (4).

(June 30, 1949, ch. 288, title II, Sec. 210, as added Sept. 5, 1950, ch. 
849, Sec. 5(c), 64 Stat. 580; amended July 12, 1952, ch. 703, Sec. 1(l), 
66 Stat. 594; Sept. 1, 1954, ch. 1211, Sec. 3, 68 Stat. 1129; Pub. L. 
85-493, Sec. 1, July 2, 1958, 72 Stat. 294; Pub. L. 85-886, Secs. 1, 3, 
Sept. 2, 1958, 72 Stat. 1709; Pub. L. 86-249, Sec. 12(e), formerly 
Sec. 12(d), Sept. 9, 1959, 73 Stat. 482, renumbered Sec. 12(e), Pub. L. 
94-541, title I, Sec. 103(3), Oct. 18, 1976, 90 Stat. 2506; Pub. L. 89-
276, Oct. 20, 1965, 79 Stat. 1010; Pub. L. 89-344, Nov. 8, 1965, 79 
Stat. 1304; Pub. L. 90-626, Oct. 22, 1968, 82 Stat. 1319; 1970 Reorg. 
Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; 
Pub. L. 92-313, Secs. 3, 4, June 16, 1972, 86 Stat. 218, 219; Pub. L. 
94-541, title I, Secs. 103(3), 104, Oct. 18, 1976, 90 Stat. 2506; Pub. 
L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. 
L. 102-486, title I, Sec. 153, Oct. 24, 1992, 106 Stat. 2851; Pub. L. 
104-201, div. A, title VIII, Sec. 823, Sept. 23, 1996, 110 Stat. 2609; 
Pub. L. 104-208, div. A, title I, Sec. 101(f) [title IV, Sec. 407(a)], 
Sept. 30, 1996, 110 Stat. 3009-314, 3009-337; Pub. L. 104-316, title I, 
Sec. 120(b), Oct. 19, 1996, 110 Stat. 3836.)

                       References in Text

    Section 278a of this title, referred to in subsec. (a)(5), (8), was 
repealed by Pub. L. 100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052.
    The Act approved August 5, 1909, referred to in subsec. (a)(7), is 
act Aug. 5, 1909, ch. 7, 36 Stat. 118, which is not classified to the 
Code.
    The Act approved May 15, 1928, referred to in subsec. (a)(7), is act 
May 15, 1928, ch. 567, 45 Stat. 533, which is not classified to the 
Code.
    For classification and history of the Surplus Property Act of 1944, 
referred to in subsec. (a)(9), see References in Text note set out under 
section 473 of this title.
    The National Industrial Reserve Act of 1948, referred to in subsec. 
(a)(10), is act July 2, 1948, ch. 811, 62 Stat. 1225, as amended, known 
as the Defense Industrial Reserve Act, which is classified generally to 
chapter 16 (Sec. 451 et seq.) of Title 50, War and National Defense. The 
text of sections 451 to 453 of Title 50 was transferred to section 2535 
of Title 10, Armed Forces, by Pub. L. 102-484, div. D, title XLII, 
Sec. 4235, Oct. 23, 1992, 106 Stat. 2690. For complete classification of 
this Act to the Code, see Short Title note set out under section 451 of 
Title 50 and Tables.
    The civil service laws, referred to in subsec. (a)(15), are set 
forth in Title 5, Government Organization and Employees. See, 
particularly, section 3301 et seq. of Title 5.
    The classification laws, referred to in subsec. (a)(15), are 
classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter 
III (Sec. 5331 et seq.) of chapter 53 of Title 5.
    Prior to its amendment by the Public Buildings Amendments of 1972, 
referred to in subsec. (f)(3), means prior to the amendment of this 
subsection by Pub. L. 92-313, which was approved June 16, 1972. For 
complete classification of such Act in this Code, see Short Title note 
set out under section 601 of this title and Tables.

                          Codification

    In subsecs. (a)(6), (b), and (c), ``chapter 91 of title 31'' 
substituted for ``the Government Corporation Control Act [31 U.S.C. 841 
et seq.]'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 
Stat. 1067, the first section of which enacted Title 31, Money and 
Finance.
    ``Section 501 of title 36'' substituted in subsec. (a)(15) for ``the 
Act of August 6, 1956, 70 Stat. 1049'', on authority of Pub. L. 105-225, 
Sec. 5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which 
enacted Title 36, Patriotic and National Observances, Ceremonies, and 
Organizations.
    Section was formerly classified to section 239a of Title 41, Public 
Contracts.


                               Amendments

    1996--Subsec. (a)(8). Pub. L. 104-316 struck out ``. A copy of every 
such determination so made shall be furnished to the General Accounting 
Office'' before semicolon at end.
    Subsec. (a)(14). Pub. L. 104-201 substituted ``five years'' for 
``three years''.
    Subsec. (l). Pub. L. 104-208 added subsec. (l).
    1992--Subsec. (f)(1). Pub. L. 102-486, Sec. 153(1), inserted ``(to 
be known as the Federal Buildings Fund)'' after ``a fund''.
    Subsec. (f)(7), (8). Pub. L. 102-486, Sec. 153(2), added pars. (7) 
and (8).
    1988--Subsec. (d)(5). Pub. L. 100-418 substituted ``National 
Institute of Standards and Technology'' for ``National Bureau of 
Standards''.
    1976--Subsec. (a)(16) to (19). Pub. L. 94-541, Sec. 104(a), added 
pars. (16) to (19).
    Subsec. (e). Pub. L. 94-541, Sec. 104(b), inserted provision 
requiring Administrator, where practicable, to give priority in 
assignment of space on any major pedestrian access level not leased 
under terms of subsec. (a)(16) or (17) of this section in Government-
owned and leased buildings to Federal activities requiring regular 
contact with members of the public, and where such space is unavailable, 
to provide space with maximum ease of access to building entrances.
    1972--Subsec. (f). Pub. L. 92-313, Sec. 3, substituted provisions 
relating to establishment of a real property management financing fund 
in Treasury of the United States and to capitalization and management of 
such fund, for provisions relating to establishment of a Building 
Management Fund by Secretary of the Treasury and uses of such Fund, 
accounting procedures applicable to such Fund, amounts appropriated to 
such Fund, and credits available to such Fund.
    Subsecs. (j), (k). Pub. L. 92-313, Sec. 4, added subsecs. (j) and 
(k).
    1968--Subsec. (a)(15). Pub. L. 90-626 added par. (15).
    1965--Subsec. (a)(14). Pub. L. 89-276 added par. (14).
    Subsec. (i). Pub. L. 89-344 added subsec. (i).
    1959--Subsec. (h)(1). Pub. L. 86-249 substituted ``twenty years'' 
for ``ten years''.
    1958--Subsec. (a)(13). Pub. L. 85-886, Sec. 1, added par. (13).
    Subsec. (f). Pub. L. 85-886, Sec. 3, inserted, in first sentence, 
``, including demolition and improvement with respect to Federal 
building sites authorized to be leased pursuant to subsection (a) of 
this section,'' and substituted, in third proviso, ``shall not be 
credited'' for ``shall not be available for expenses of carrying out the 
provisions of the act of June 24, 1948 (62 Stat. 644), or section 345 of 
this title, and shall not be credited with receipts from operations 
under said provisions of law, or''.
    Subsec. (h). Pub. L. 85-493 added subsec. (h).
    1954--Subsec. (g). Act Sept. 1, 1954, added subsec. (g).
    1952--Subsec. (f). Act July 12, 1952, added subsec. (f).


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-313 effective June 16, 1972, and effective 
date of applying rates to be charged pursuant to regulations issued 
under subsecs. (j) and (k) of this section as determined by 
Administrator but not later than the beginning of the third full fiscal 
year subsequent to June 16, 1972, see section 11 of Pub. L. 92-313, set 
out as a note under section 603 of this title.

                          Transfer of Functions

    Functions vested by law (including reorganization plan) in Bureau of 
the Budget or Director of Bureau of the Budget transferred to President 
of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. 
July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to 
Title 5, Government Organization and Employees. Section 102 of Reorg. 
Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of 
Management and Budget.

                         Delegation of Functions

    Authority of Administrator of General Services under subsec. (i) of 
this section to prescribe regulations relating to the installation, 
repair, and replacement of sidewalks delegated to Administrator of 
General Services, see section 1(20) of Ex. Ord. No. 11609, July 22, 
1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The 
President.


                 Flexiplace Work Telecommuting Programs

    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 630], Oct. 21, 
1998, 112 Stat. 2681-480, 2681-522, provided that:
    ``(a) Flexiplace Work Telecommuting Programs.--For fiscal year 1999 
and each fiscal year thereafter, of the funds made available to each 
Executive agency for salaries and expenses, at a minimum $50,000 shall 
be available only for the necessary expenses of the Executive agency to 
carry out a flexiplace work telecommuting program.
    ``(b) Definitions.--For purposes of this section:
        ``(1) Executive agency.--The term `Executive agency' means the 
    following list of departments and agencies: Department of State, 
    Treasury, Defense, Justice, Interior, Labor, Health and Human 
    Services, Agriculture, Commerce, Housing and Urban Development, 
    Transportation, Energy, Education, Veterans' Affairs, General 
    Services Administration, Office of Personnel Management, Small 
    Business Administration, Social Security Administration, 
    Environmental Protection Agency, U.S. Postal Service.
        ``(2) Flexiplace work telecommuting program.--The term 
    `flexiplace work telecommuting program' means a program under which 
    employees of an Executive agency are permitted to perform all or a 
    portion of their duties at a flexiplace work telecommuting center 
    established under section 210(l) of the Federal Property and 
    Administrative Services Act of 1949 (40 U.S.C. 490(l)) or other 
    Federal law.''


Prohibition on Use of Appropriated Funds for Purchase of Electricity in 
                   Manner Inconsistent With State Law

    Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8093], Dec. 22, 1987, 
101 Stat. 1329-43, 1329-79, provided that: ``None of the funds 
appropriated or made available by this or any other Act with respect to 
any fiscal year may be used by any Department, agency, or 
instrumentality of the United States to purchase electricity in a manner 
inconsistent with State law governing the provision of electric utility 
service, including State utility commission rulings and electric utility 
franchises or service territories established pursuant to State statute, 
State regulation, or State-approved territorial agreements: Provided, 
That nothing in this section shall preclude the head of a Federal agency 
from entering into a contract pursuant to 42 U.S.C. 8287; nor shall it 
preclude the Secretary of a military department from entering into a 
contract pursuant to 10 U.S.C. 2394 or from purchasing electricity from 
any provider when the utility or utilities having applicable State-
approved franchise or other service authorizations are found by the 
Secretary to be unwilling or unable to meet unusual standards for 
service reliability that are necessary for purposes of national 
defense.''


                Lease and Assignment of Space; Management

    All functions with respect to acquiring space in buildings by lease, 
all functions with respect to assigning and reassigning space in 
buildings for use by agencies (including both space acquired by lease 
and space in Government-owned buildings), and all functions with respect 
to the operation, maintenance, and custody of office buildings owned by 
the Government and of office buildings or parts thereof acquired by 
lease, including those post-office buildings which, as determined by the 
Director of the Bureau of the Budget, are not used predominantly for 
post-office purposes, were, with certain exceptions, transferred from 
the respective agencies in which theretofore vested to the Administrator 
of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, 
eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out below. For 
delegation of those transferred functions to other personnel of the 
General Services Administration, or to the heads and personnel of other 
agencies, and for transfer of personnel, property, records, and funds, 
see sections 3 and 4 of that Plan.


Issuance of Regulations Pursuant to Public Buildings Amendments of 1972; 
           Approval of Rates for Space and Services Furnished

    Administrator to issue and coordinate regulations with Office of 
Management and Budget and Director of such Office to approve rates for 
space and services furnished, see section 7 of Pub. L. 92-313, set out 
as a note under section 603 of this title.

               REORGANIZATION PLAN NO. 18 OF 1950

         Eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, March 13, 1950, pursuant to 
    the provisions of the Reorganization Act of 1949, approved June 20, 
    1949 [see 5 U.S.C. 901 et seq.].

             BUILDING AND SPACE MANAGEMENT FUNCTIONS


      Section 1. Transfer of Space Assignment and Leasing Functions

    All functions with respect to acquiring space in buildings by lease, 
and all functions with respect to assigning and reassigning space in 
buildings for use by agencies (including both space acquired by lease 
and space in Government-owned buildings), are hereby transferred from 
the respective agencies in which such functions are now vested to the 
Administrator of General Services, exclusive, however, of all such 
functions with respect to--
    (a) space in buildings located in any foreign country;
    (b) space in buildings which are located on the grounds of any fort, 
camp, post, arsenal, Navy yard, naval training station, air-field, 
proving ground, military supply depot, or school, or of any similar 
facility, of the Department of Defense, unless and to such extent as a 
permit for its use shall have been issued by the Secretary of Defense or 
his duly authorized representative;
    (c) space occupied by the Post Office Department in post-office 
buildings and space acquired by lease for post-office purposes; and
    (d) space in other Government-owned buildings which the 
Administrator of General Services finds are wholly or predominantly 
utilized for the special purposes of the agency having the custody 
thereof and are not generally suitable for the use of other agencies 
(including but not limited to hospitals, housing, laboratories, mints, 
manufacturing plants, and penal institutions), and space acquired by 
lease for any such purpose:

Provided, That the space needs of the Post Office Department shall be 
given priority in the assignment and reassignment of space in post 
office buildings.


        Sec. 2. Transfer of Office Building Management Functions

    All functions with respect to the operation, maintenance, and 
custody of office buildings owned by the Government and of office 
buildings or parts thereof acquired by lease, including those post-
office buildings which, as determined by the Director of the Bureau of 
the Budget, are not used predominantly for post-office purposes, are 
hereby transferred from the respective agencies in which now vested to 
the Administrator of General Services, exclusive, however, of all such 
functions with respect to--
    (a) any building located in any foreign country;
    (b) any building located on the grounds of any fort, camp, post, 
arsenal, navy yard, naval training station, air field, proving ground, 
military supply depot, or school, or of any similar facility, of the 
Department of Defense, unless and to such extent as a permit for its use 
by another agency or agencies shall have been issued by the Secretary of 
Defense or his duly authorized representative;
    (c) any building which the Administrator of General Services finds 
to be a part of a group of buildings which are (1) located in the same 
vicinity, (2) are utilized wholly or predominantly for the special 
purposes of the agency having custody thereof, and (3) are not generally 
suitable for the use of other agencies; and
    (d) the Treasury Building, the Bureau of Engraving and Printing 
Building, the buildings occupied by the National Bureau of Standards, 
and the buildings under the jurisdiction of the regents of the 
Smithsonian Institution.
    [References to National Bureau of Standards deemed to refer to 
National Institute of Standards and Technology pursuant to section 
5115(c) of Pub. L. 100-418, set out as a Change of Name note under 15 
U.S.C. 271.]


              Sec. 3. Performance of Transferred Functions

    (a) The Administrator of General Services may from time to time make 
such provisions as he shall deem appropriate authorizing the performance 
by any other officer, or by any agency or employee, of the General 
Services Administration of any function transferred to such 
Administrator by the provisions of this reorganization plan.
    (b) When authorized by the Administrator of General Services, any 
function transferred to him by the provisions of this reorganization 
plan may be performed by the head of any agency of the executive branch 
of the Government or, subject to the direction and control of any such 
agency head, by such officers, employees, and organizational units under 
the jurisdiction of such agency head as such agency head may designate: 
Provided, That functions with respect to post-office buildings shall not 
be delegated under the authority of this subsection to the head of any 
agency other than the Postmaster General.
    (c) The Administrator of General Services shall prescribe such 
regulations as he deems desirable for the economical and effective 
performance of the functions transferred by the provisions of this 
reorganization plan.


       Sec. 4. Transfer of Personnel, Property, Records, and Funds

    There shall be transferred from time to time, between the agencies 
concerned and for use in connection with the functions transferred by 
the provisions of this reorganization plan, so much of the personnel, 
property, records, and unexpended balances (available or to be made 
available) of appropriations, allocations, and other funds, relating to 
such functions, as may be necessary for the performance of said 
functions. Such further measures and dispositions as the Director of the 
Bureau of the Budget shall determine to be necessary in order to 
effectuate the transfers provided for in this section shall be carried 
out in such manner as the Director shall direct and by such agencies as 
he shall designate.


                         Sec. 5. Effective Date

    The provisions of this reorganization plan shall take effect on the 
1st day of July 1950.
    [The Post Office Department has been redesignated the United States 
Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 
Stat. 783, set out as a note preceding section 101 of Title 39, Postal 
Service.]


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 18 of 1950, prepared in 
accordance with the provisions of the Reorganization Act of 1949. The 
plan transfers to the Administrator of General Services the functions of 
the various Federal agencies with respect to leasing and assigning 
general-purpose space in buildings and the operation, maintenance, and 
custody of office buildings. Since such authority is already largely 
concentrated in the General Services Administration with respect to the 
District of Columbia, the plan principally relates to the administration 
of these functions in the field.
    The transfers made by this plan will promote more economical 
leasing, better utilization of building space, and more efficient 
operation of Government-controlled office buildings. They will 
effectuate the recommendations of the Commission on Organization of the 
Executive Branch of the Government with respect to concentrating in the 
General Services Administration the responsibility for space allotment 
and the operation of Government buildings outside of the District of 
Columbia. Likewise, they will extend the principles laid down by the 
Congress in enacting the Federal Property and Administrative Services 
Act of 1949 to another important area of Government-wide administrative 
services--the administration of Government office buildings and general-
purpose building space in the field.
    Within the District of Columbia, one agency, the Public Buildings 
Service of the General Services Administration, has long had the 
operation and custody of most Government buildings and the leasing and 
assignment of space for executive agencies. Thus, nearly all requests 
for building space are handled by a single organization which is 
responsible for seeing that agencies are properly and efficiently 
housed. This arrangement has proved its worth and has repeatedly been 
approved by the Congress.
    Outside of the National Capital, however, responsibility for the 
acquisition and control of building space and the operation of 
Government buildings is widely diffused. A variety of agencies operate 
and control general-purpose buildings. If quarters are not available in 
Federal buildings, each agency ordinarily does its own leasing. As a 
result, in some cases Federal agencies have contracted for space at high 
rentals at the very time that other agencies have been giving up surplus 
low-cost space.
    The assignment of space in Government-owned buildings outside of 
Washington is also divided among a number of agencies. While the Public 
Buildings Service constructs a large part of the Government buildings, 
it operates and controls the assignment of space in only a small 
proportion of them. The Post Office Department operates and allocates 
the space in post-office buildings, several hundred of which contain 
substantial amounts of office space available for other agencies. During 
and immediately after the war several other Federal agencies acquired 
office buildings in the field. As their activities have contracted, 
surplus space in many of these structures has become available for other 
uses.
    This plan concentrates in the General Services Administration the 
responsibility for the leasing and assignment of what is termed general-
purpose building space; that is, space which is suitable for the uses of 
a number of Federal agencies. It specifically excludes space in 
buildings at military posts, arsenals, navy yards, and similar defense 
installations and space in hospitals, laboratories, factories, and other 
special-purpose buildings.
    Also, the plan excludes the Post Office Department from the transfer 
of leasing authority since the Department has a highly developed 
organization for this purpose, and it limits the transfer of space 
assignment authority in post-office buildings to the space not occupied 
by the Department. Further, it gives the needs of the Post Office 
Department priority in the assignment of space in post-office buildings. 
Thus, the plan amply safeguards the interests of the Post Office 
Department while making it possible to include the general office space 
in post-office buildings in any given city with other similar space 
under Federal control in planning and executing an efficient program for 
housing Government agencies in that area.
    In addition, the plan transfers to the General Services 
Administration the operation, maintenance, and custody of office 
buildings owned or leased by the Government, including those post-office 
buildings which are not used predominantly for post-office purposes. 
This will make it possible to establish a single organization for the 
operation and maintenance of Government office buildings in principal 
cities in the field as has proved desirable in the National Capital. 
Since many post offices are in fact primarily large office buildings, 
the plan includes in this transfer the post-office buildings which are 
not used predominantly for post-office purposes. This will relieve the 
Post Office Department of a considerable expenditure for building 
operation and maintenance which properly should not be charged against 
postal revenues.
    While the plan effects a broad transfer of functions with respect to 
leasing and assignment of space and the operation and maintenance of 
office buildings, it specifically authorizes the Administrator of 
General Services to delegate the performance of any part of these 
functions to other agencies subject to such regulations as he deems 
desirable for economical and effective administration. In this the plan 
follows the pattern adopted by the Federal Property and Administrative 
Services Act of 1949 for other branches of property management. In large 
urban centers where numerous Federal units are located unified 
administration of space activities by the General Services 
Administration will normally be advantageous. On the other hand, in the 
smaller communities it will no doubt be desirable to delegate the work 
back to the agencies directly affected, to be carried on under standards 
laid down by the Administrator of General Services. The plan provides 
ample flexibility for working out the most effective administrative 
arrangement for each type of situation.
    The fundamental soundness and economy of centralized administration 
of building space have been amply demonstrated in the National Capital. 
By virtue of unified control it has been possible since the war to 
accomplish far-reaching changes which have consolidated agencies in much 
fewer locations, released many of the rented buildings, and greatly 
reduced the cost of housing the Government establishment. Similar 
procedures applied in the larger centers of field activity should 
produce substantial savings.
    After investigation, I have found, and hereby declare, that each 
reorganization contained in this plan is necessary to accomplish one or 
more of the purposes set forth in section 2(a) of the Reorganization Act 
of 1949.
    While it is not possible at this time to calculate the reduction in 
expenditures which will result from this plan, it can safely be 
predicted that it will produce substantial savings. I am confident that 
this reorganization plan will constitute a significant improvement in 
Federal business practice and will bring about an important increase in 
efficiency in housing Government agencies.
                                                         Harry S Truman.

    The White House, March 13, 1950.

                        Executive Order No. 11035

    Ex. Ord. No. 11035, July 9, 1962, 27 F.R. 6519, which related to the 
management of federal office space, was superseded by Ex. Ord. No. 
11512, Feb. 27, 1970, 35 F.R. 3979, formerly set out below.

                        Executive Order No. 11512

    Ex. Ord. No. 11512, Feb. 27, 1970, 35 F.R. 3979, which related to 
the planning, acquisition, and management of federal space, was revoked 
by Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, set out below.

              Ex. Ord. No. 12072. Federal Space Management

    Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, provided:
    By the authority vested in me as President of the United States of 
America by Section 205(a) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 486(a)), and in order to 
prescribe appropriate policies and directives, not inconsistent with 
that Act [see Short Title note set out under section 471 of this title] 
and other applicable provisions of law, for the planning, acquisition, 
utilization, and management of Federal space facilities, it is hereby 
ordered as follows:

                     1-1. Space Acquisition

    1-101. Federal facilities and Federal use of space in urban areas 
shall serve to strengthen the Nation's cities and to make them 
attractive places to live and work. Such Federal space shall conserve 
existing urban resources and encourage the development and redevelopment 
of cities.
    1-102. Procedures for meeting space needs in urban areas shall give 
serious consideration to the impact a site selection will have on 
improving the social, economic, environmental, and cultural conditions 
of the communities in the urban area.
    1-103. Except where such selection is otherwise prohibited, the 
process for meeting Federal space needs in urban areas shall give first 
consideration to a centralized community business area and adjacent 
areas of similar character, including other specific areas which may be 
recommended by local officials.
    1-104. The process of meeting Federal space needs in urban areas 
shall be consistent with the policies of this Order and shall include 
consideration of the following criteria:
    (a) Compatability [sic] of the site with State, regional, or local 
development, redevelopment, or conservation objectives.
    (b) Conformity with the activities and programs of other Federal 
agencies.
    (c) Impact on economic development and employment opportunities in 
the urban area, including the utilization of human, natural, cultural, 
and community resources.
    (d) Availability of adequate low and moderate income housing for 
Federal employees and their families on a nondiscriminatory basis.
    (e) Availability of adequate public transportation and parking and 
accessibility to the public.
    1-105. Procedures for meeting space needs in urban areas shall be 
consistent with the policies of this Order and shall include 
consideration of the following alternatives:
    (a) Availability of existing Federally controlled facilities.
    (b) Utilization of buildings of historic, architectural, or cultural 
significance within the meaning of section 105 of the Public Buildings 
Cooperative Use Act of 1976 (90 Stat. 2507, 40 U.S.C. 612a).
    (c) Acquisition or utilization of existing privately owned 
facilities.
    (d) Construction of new facilities.
    (e) Opportunities for locating cultural, educational, recreational, 
or commercial activities within the proposed facility.
    1-106. Site selection and space assignments shall take into account 
the management needs for consolidation of agencies or activities in 
common or adjacent space in order to improve administration and 
management and effect economies.

             1-2. Administrator of General Services

    1-201. The Administrator of General Services shall develop programs 
to implement the policies of this Order through the efficient 
acquisition and utilization of Federally owned and leased space. In 
particular, the Administrator shall:
    (a) Select, acquire, and manage Federal space in a manner which will 
foster the policies and programs of the Federal government and improve 
the management and administration of government activities.
    (b) Issue regulations, standards, and criteria for the selection, 
acquisition, and management of Federally owned and leased space.
    (c) Periodically undertake surveys of space requirements and space 
utilization in the executive agencies.
    (d) Ensure, in cooperation with the heads of Executive agencies, 
that their essential space requirements are met in a manner that is 
economically feasible and prudent.
    (e) Make maximum use of existing Federally controlled facilities 
which, in his judgment, are adequate or economically adaptable to 
meeting the space needs of executive agencies.
    (f) Annually submit long-range plans and programs for the 
acquisition, modernization, and use of space for approval by the 
President.
    1-202. The Administrator is authorized to request from any Executive 
agency such information and assistance deemed necessary to carry out his 
functions under this Order. Each agency shall, to the extent not 
prohibited by law, furnish such information and assistance to the 
Administrator.
    1-203. In the process of meeting Federal space needs in urban areas 
and implementing the policies of this Order, the Administrator shall:
    (a) Consider the efficient performance of the missions and programs 
of the agencies, the nature and function of the facilities involved, the 
convenience of the public served, and the maintenance and improvement of 
safe and healthful working conditions for employees.
    (b) Coordinate proposed programs and plans for facilities and space 
with the Director of the Office of Management and Budget.
    (c) Consult with appropriate Federal, State, regional, and local 
government officials and consider their recommendations for and 
objections to a proposed selection site or space acquisition.
    (d) Coordinate proposed programs and plans for facilities and space 
in a manner designed to implement the purposes of this Order.
    (e) Prior to making a final determination concerning the location of 
Federal facilities, notify the concerned Executive agency of an intended 
course of action and take into account any additional information 
provided.
    1-204. In ascertaining the social, economic, environmental and other 
impacts which site selection would have on a community, the 
Administrator shall, when appropriate, obtain the advice of interested 
agencies.

                     1-3. General Provisions

    1-301. The heads of Executive agencies shall cooperate with the 
Administrator in implementing the policies of this Order and shall 
economize on their use of space. They shall ensure that the 
Administrator is given early notice of new or changing missions or 
organizational realignments which affect space requirements.
    1-302. Executive agencies which acquire or utilize Federally owned 
or leased space under authority other than the Federal Property and 
Administrative Services Act of 1949, as amended [see Short Title note 
set out under section 471 of this title], shall conform to the 
provisions of this Order to the extent they have the authority to do so.
    1-303. Executive Order No. 11512 of February 27, 1970, is revoked.
                                                           Jimmy Carter.

 Facilitating Access to Federal Property for Siting of Mobile Services 
                                Antennas

    Memorandum of President of the United States, Aug. 10, 1995, 60 F.R. 
42023, provided:
    Memorandum for the Heads of Departments and Agencies
    Recent advancements in mobile telecommunications technology present 
an opportunity for the rapid construction of the Nation's wireless 
communications infrastructure. As a matter of policy, the Federal 
Government shall encourage the efficient and timely implementation of 
such new technologies and the concomitant infrastructure buildout as a 
means of stimulating economic growth and creating new jobs. The recent 
auctioning and impending licensing of radio frequencies for mobile 
personal communications services presents the Federal Government with 
the opportunity to foster new technologies and to encourage the 
development of communications infrastructure by making Federal property 
available for the siting of mobile services antennas.
    Therefore, to the extent permitted by law, I hereby direct the 
Administrator of General Services, within 90 days, in consultation with 
the Secretaries of Agriculture, Interior, Defense, and the heads of such 
other agencies as the Administrator may determine, to develop procedures 
necessary to facilitate appropriate access to Federal property for the 
siting of mobile services antennas.
    The procedures should be developed in accordance with the following:
    1. (a) Upon request, and to the extent permitted by law and where 
practicable, executive departments and agencies shall make available 
Federal Government buildings and lands for the siting of mobile service 
antennas. This should be done in accordance with Federal, State, and 
local laws and regulations, and consistent with national security 
concerns (including minimizing mutual electromagnetic interactions), 
public health and safety concerns, environmental and aesthetic concerns, 
preservation of historic buildings and monuments, protection of natural 
and cultural resources, protection of national park and wilderness 
values, protection of National Wildlife Refuge systems, and subject to 
any Federal requirements promulgated by the agency managing the facility 
and the Federal Communications Commission, the Federal Aviation 
Administration, National Telecommunications and Information 
Administration, and other relevant departments and agencies.
    (b) Antennas on Federal buildings or land may not contain any 
advertising.
    (c) Federal property does not include lands held by the United 
States in trust for individual or Native American tribal governments.
    (d) Agencies shall retain discretion to reject inappropriate siting 
requests, and assure adequate protection of public property and timely 
removal of equipment and structures at the end of service.
    2. All procedures and mechanisms adopted regarding access to Federal 
property shall be clear and simple so as to facilitate the efficient and 
rapid buildout of the national wireless communications infrastructure.
    3. Unless otherwise prohibited by or inconsistent with Federal law, 
agencies shall charge fees based on market value for siting antennas on 
Federal property, and may use competitive procedures if not all 
applicants can be accommodated.
    This memorandum does not give the siting of mobile services antennas 
priority over other authorized uses of Federal buildings or land.
    All independent regulatory commissions and agencies are requested to 
comply with the provisions of this memorandum.
    This memorandum is not intended to create any right, benefit or 
trust responsibility, substantive or procedural, enforceable at law or 
equity by a party against the United States, its agencies or 
instrumentalities, its officers, or any other person.
    This memorandum shall be published in the Federal Register.
                                                     William J. Clinton.


                            Cross References

    Control and allotment of space in public buildings, see section 19 
et seq. of this title. See, also, section 304c of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 490a, 490c, 490e, 490f, 
490g, 618, 1104, 1105, 1107 of this title; title 7 section 87e-1; title 
20 sections 80q-5, 80q-6; title 22 section 3712a.
