40 U.S.C. § 581 — General authority of Administrator of Gen-

Page 65 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 581 (2) may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1107.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 574(a) ......... 40:485(c). June 30, 1949, ch. 288, title II, § 204(c)–(g), formerly § 204(b)–(f), 63 Stat. 389; re- designated § 204(c)–(g), Aug. 31, 1954, ch. 1178, § 1(a), 68 Stat. 1051; Pub. L. 96–41, § 3(d), July 30, 1979, 93 Stat. 325. 574(b) ......... 40:485(d). 574(c) ......... 40:485(e). 574(d) ......... 40:485(f). 574(e) ......... 40:485(g). In subsection (b)(1), the words ‘‘in the Treasury’’ are substituted for ‘‘with the Treasurer of the United States’’ because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as 31:321. In subsection (e), the words ‘‘or by War Assets Ad- ministration (or its predecessor agencies) under the Surplus Property Act of 1944’’ are omitted because the War Assets Administration was abolished and its func- tions were transferred to the General Services Adminis- tration by section 105 of the Federal Property and Ad- ministrative Services Act of 1949 (ch. 288, 63 Stat. 381). Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (f) of section 485 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, set out as a note under section 98 of Title 50, War and National Defense. SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES § 581. General authority of Administrator of Gen- eral Services [(a) Repealed. Pub. L. 107–296, title XVII, § 1706(a)(1), Nov. 25, 2002, 116 Stat. 2316.] (b) PERSONNEL AND EQUIPMENT.—The Adminis- trator of General Services may— (1) employ and pay personnel at per diem rates approved by the Administrator, not ex- ceeding rates currently paid by private indus- try for similar services in the place where the services are performed; and (2) purchase, repair, and clean uniforms for civilian employees of the General Services Ad- ministration who are required by law or regu- lation to wear uniform clothing. (c) ACQUISITION AND MANAGEMENT OF PROP- ERTY.— (1) REAL ESTATE.—The Administrator may acquire, by purchase, condemnation, or other- wise, real estate and interests in real estate. (2) GROUND RENT.—The Administrator may pay ground rent for buildings owned by the Federal Government or occupied by federal agencies, and pay the rent in advance if re- quired by law or if the Administrator deter- mines that advance payment is in the public interest. (3) RENT AND REPAIRS UNDER A LEASE.—The Administrator may pay rent and make repairs, alterations, and improvements under the terms of a lease entered into by, or transferred to, the Administration for the housing of a federal agency. (4) REPAIRS THAT ARE ECONOMICALLY ADVAN- TAGEOUS.—The Administrator may repair, alter, or improve rented premises if the Ad- ministrator determines that doing so is advan- tageous to the Government in terms of econ- omy, efficiency, or national security. The Ad- ministrator’s determination must— (A) set forth the circumstances that make the repair, alteration, or improvement ad- vantageous; and (B) show that the total cost (rental, repair, alteration, and improvement) for the ex- pected life of the lease is less than the cost of alternative space not needing repair, al- teration, or improvement. (5) INSURANCE PROCEEDS FOR DEFENSE INDUS- TRIAL RESERVE.—At the direction of the Sec- retary of Defense, the Administrator may use insurance proceeds received for damage to property that is part of the Defense Industrial Reserve to repair or restore the property. (6) MAINTENANCE CONTRACTS.—The Adminis- trator may enter into a contract, for a period not exceeding five years, for the inspection, maintenance, and repair of fixed equipment in a federally owned building. (d) LEASE OF FEDERAL BUILDING SITES.— (1) IN GENERAL.—The Administrator may lease a federal building site or addition, in- cluding any improvements, until the site is needed for construction purposes. The lease must be for fair rental value and on other terms and conditions the Administrator con- siders to be in the public interest pursuant to section 545 of this title. (2) NEGOTIATION WITHOUT ADVERTISING.—A lease under this subsection may be negotiated without public advertising for bids if— (A) the lessee is— (i) the former owner from whom the Gov- ernment acquired the property; or (ii) the former owner’s tenant in posses- sion; and (B) the lease is negotiated incident to or in connection with the acquisition of the prop- erty. (3) DEPOSIT OF RENT.—Rent received under this subsection may be deposited into the Fed- eral Buildings Fund. (e) ASSISTANCE TO THE INAUGURAL COM- MITTEE.—The Administrator may provide direct assistance and 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. Assistance and services under this subsection may include— (1) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5; (2) providing Government-owned and leased space for personnel and parking; (3) paying overtime to guard and custodial forces; Page 66 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 581 (4) erecting and removing stands and plat- forms; (5) providing and operating first-aid sta- tions; (6) providing furniture and equipment; and (7) providing other incidental services in the discretion of the Administrator. (f) UTILITIES FOR DEFENSE INDUSTRIAL RE- SERVE AND SURPLUS PROPERTY.—The Adminis- trator may— (1) provide utilities and services, if the utili- ties and services are not provided by other sources, to a person, firm, or corporation occu- pying or using a plant or portion of a plant that constitutes— (A) any part of the Defense Industrial Re- serve pursuant to section 4881 of title 10; or (B) surplus real property; and (2) credit an amount received for providing utilities and services under this subsection to an applicable appropriation of the Administra- tion. (g) OBTAINING PAYMENTS.—The Administrator may— (1) obtain payments, through advances or otherwise, for services, space, quarters, main- tenance, repair, or other facilities furnished, on a reimbursable basis, to a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the Dis- trict of Columbia; and (2) credit the payments to the applicable ap- propriation of the Administration. (h) COOPERATIVE USE OF PUBLIC BUILDINGS.— (1) LEASING SPACE FOR COMMERCIAL AND OTHER PURPOSES.—The Administrator may lease space on a major pedestrian access level, courtyard, or rooftop of a public building to a person, firm, or organization engaged in com- mercial, cultural, educational, or recreational activity (as defined in section 3306(a) of this title). The Administrator shall establish a rental rate for leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vi- cinity of the public building. The lease may be negotiated without competitive bids, but shall contain terms and conditions and be nego- tiated pursuant to procedures that the Admin- istrator considers necessary to promote com- petition and to protect the public interest. (2) OCCASIONAL USE OF SPACE FOR NON-COM- MERCIAL PURPOSES.—The Administrator may make available, on occasion, or lease at a rate and on terms and conditions that the Adminis- trator considers to be in the public interest, an auditorium, meeting room, courtyard, roof- top, or lobby of a public building to a person, firm, or organization engaged in cultural, edu- cational, or recreational activity (as defined in section 3306(a) of this title) that will not disrupt the operation of the building. (3) DEPOSIT AND CREDIT OF AMOUNTS RE- CEIVED.—The Administrator may deposit into the Federal Buildings Fund an amount re- ceived under a lease or rental executed pursu- ant to paragraph (1) or (2). The amount shall be credited to the appropriation from the Fund applicable to the operation of the build- ing. (4) FURNISHING UTILITIES AND MAINTENANCE.— The Administrator may furnish utilities, maintenance, repair, and other services to a person, firm, or organization leasing space pursuant to paragraph (1) or (2). The services may be provided during and outside of regular working hours of federal agencies. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1108; Pub. L. 107–296, title XVII, § 1706(a), Nov. 25, 2002, 116 Stat. 2316; Pub. L. 109–284, § 6(5), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 117–81, div. A, title XVII, § 1702(g)(2), Dec. 27, 2021, 135 Stat. 2158.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 581 ............. 40:490(a). June 30, 1949, ch. 288, title II, § 210(a), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 580; Pub. L. 85–886, § 1, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 89–276, Oct. 20, 1965, 79 Stat. 1010; Pub. L. 90–626, Oct. 22, 1968, 82 Stat. 1319; Pub. L. 94–541, title I, § 104(a), Oct. 18, 1976, 90 Stat. 2506; Pub. L. 104–201, title VIII, § 823, Sept. 23, 1996, 110 Stat. 2609; Pub. L. 104–316, title I, § 120(b), Oct. 19, 1996, 110 Stat. 3836. In this section, 40:490(a)(7) is omitted as obsolete be- cause the pneumatic tube system referred to in the pro- vision is no longer used or maintained and 40:490(a)(9) is omitted as obsolete because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed. In subsection (c)(3) and (4), the words ‘‘without regard to the provisions of section 278a of this title’’ and ‘‘which on June 30, 1950, was specifically exempted by law from the requirements of said section’’ (in 40:490(a)(5)), and the words ‘‘without regard to the 25 per centum limitation of section 278a of this title’’ and ‘‘without reference to such limitation’’ (in 40:490(a)(8)), respectively, are omitted as obsolete because 40:278a was repealed by section 7 of the Public Buildings Amendments of 1988 (Public Law 100–678, 40:278a). In subsection (c)(5), the words ‘‘Defense Industrial Reserve’’ are substituted for ‘‘National Industrial Re- serve’’ because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Au- thorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the Na- tional Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690). In subsection (d)(3), the words ‘‘Federal Buildings Fund’’ are substituted for ‘‘Buildings Management Fund’’ because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3). In subsection (e), before clause (1), the words ‘‘section 501 of title 36’’ are substituted for ‘‘the Act of August 6, 1965, 70 Stat 1049’’ in section 210(a)(15) of the Federal Property and Administrative Services Act of 1949 be- cause of section 5(b) of the Act of August 12, 1998 (Pub- lic Law 105–225, 112 Stat. 1499), the first section of which enacted Title 36, United States Code. In clause (1), the words ‘‘chapters 33 and 51 and subchapter III of chapter 53 of title 5’’ are substituted for ‘‘the civil service and classification laws’’ because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In subsection (f)(1)(A), the words ‘‘Defense Industrial Reserve pursuant to section 2535 of title 10’’ are sub- Page 67 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 581 stituted for ‘‘National Industrial Reserve pursuant to the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]’’ because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the De- fense Conversion, Reinvestment and Transition Assist- ance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690). In subsection (g)(1), the words ‘‘mixed-ownership Gov- ernment corporation’’ are substituted for ‘‘mixed-own- ership corporation’’ for consistency with chapter 91 of title 31. The words ‘‘chapter 91 of title 31’’ are sub- stituted for ‘‘the Government Corporation Control Act’’ in section 210(a)(6) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. Editorial Notes AMENDMENTS 2021—Subsec. (f)(1)(A). Pub. L. 117–81 substituted ‘‘section 4881’’ for ‘‘section 2535’’. 2006—Subsec. (b). Pub. L. 109–284 substituted ‘‘The Ad- ministrator of General Services may—’’ for ‘‘The Ad- ministrator may—’’ in introductory provisions. 2002—Subsec. (a). Pub. L. 107–296, § 1706(a)(1), struck out subsec. (a) which read as follows: ‘‘APPLICABILITY.— To the extent that the Administrator of General Serv- ices by law, other than this section, may maintain, op- erate, and protect buildings or property, including the construction, repair, preservation, demolition, fur- nishing, or equipping of buildings or property, the Ad- ministrator, in the discharge of these duties, may exer- cise authority granted under this section.’’ Subsec. (b). Pub. L. 107–296, § 1706(a)(2), in par. (1), in- serted ‘‘and’’ at end, in par. (2), substituted a period for ‘‘; and’’ at end, and struck out par. (3) which read as follows: ‘‘furnish arms and ammunition for the protec- tion force the Administration maintains.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. FEDERAL BUILDINGS PERSONNEL TRAINING Pub. L. 111–308, Dec. 14, 2010, 124 Stat. 3283, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Federal Buildings Per- sonnel Training Act of 2010’. ‘‘SEC. 2. TRAINING OF FEDERAL BUILDING PER- SONNEL. ‘‘(a) IDENTIFICATION OF CORE COMPETENCIES.—Not later than 18 months after the date of enactment of this Act [Dec. 14, 2010], and annually thereafter, the Ad- ministrator of General Services, in consultation with representatives of relevant professional societies, in- dustry associations, and apprenticeship training pro- viders, and after providing notice and an opportunity for comment, shall identify the core competencies nec- essary for Federal personnel performing building oper- ations and maintenance, energy management, safety, and design functions to comply with requirements under Federal law. The core competencies identified shall include competencies relating to building oper- ations and maintenance, energy management, sustain- ability, water efficiency, safety (including electrical safety), and building performance measures. ‘‘(b) DESIGNATION OF RELEVANT COURSES, CERTIFI- CATIONS, DEGREES, LICENSES, AND REGISTRATIONS.—The Administrator, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall identify a course, certification, degree, license, or registration to demonstrate each core competency, and for ongoing training with respect to each core competency, identi- fied for a category of personnel specified in subsection (a). ‘‘(c) IDENTIFIED COMPETENCIES.—An individual shall demonstrate each core competency identified by the Administrator under subsection (a) for the category of personnel that includes such individual. An individual shall demonstrate each core competency through the means identified under subsection (b) not later than one year after the date on which such core competency is identified under subsection (a) or, if the date of hire of such individual occurs after the date of such identi- fication, not later than one year after such date of hire. In the case of an individual hired for an employment period not to exceed one year, such individual shall demonstrate each core competency at the start of the employment period. ‘‘(d) CONTINUING EDUCATION.—The Administrator, in consultation with representatives of relevant profes- sional societies, industry associations, and apprentice- ship training providers, shall develop or identify com- prehensive continuing education courses to ensure the operation of Federal buildings in accordance with in- dustry best practices and standards. ‘‘(e) CURRICULUM WITH RESPECT TO FACILITY MANAGE- MENT AND OPERATION OF HIGH-PERFORMANCE BUILD- INGS.—Not later than 18 months after the date of enact- ment of this Act, and annually thereafter, the Adminis- trator, acting through the head of the Office of Federal High-Performance Green Buildings, and the Secretary of Energy, acting through the head of the Office of Commercial High-Performance Green Buildings, in con- sultation with the heads of other appropriate Federal departments and agencies and representatives of rel- evant professional societies, industry associations, and apprenticeship training providers, shall develop a rec- ommended curriculum relating to facility management and the operation of high-performance buildings. ‘‘(f) APPLICABILITY OF THIS SECTION TO FUNCTIONS PERFORMED UNDER CONTRACT.—Training requirements under this section shall apply to non-Federal personnel performing building operations and maintenance, en- ergy management, safety, and design functions under a contract with a Federal department or agency. A con- tractor shall provide training to, and certify the dem- onstration of core competencies for, non-Federal per- sonnel in a manner that is approved by the Adminis- trator.’’ Executive Documents 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 con- struction of the Nation’s wireless communications in- frastructure. As a matter of policy, the Federal Gov- ernment shall encourage the efficient and timely im- plementation of such new technologies and the con- comitant infrastructure buildout as a means of stimu- lating economic growth and creating new jobs. The re- cent auctioning and impending licensing of radio fre- quencies for mobile personal communications services presents the Federal Government with the opportunity to foster new technologies and to encourage the devel- opment of communications infrastructure by making Federal property available for the siting of mobile serv- ices antennas. Page 68 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 582 Therefore, to the extent permitted by law, I hereby direct the Administrator of General Services, within 90 days, in consultation with the Secretaries of Agri- culture, Interior, Defense, and the heads of such other agencies as the Administrator may determine, to de- velop procedures necessary to facilitate appropriate ac- cess to Federal property for the siting of mobile serv- ices 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 an- tennas. This should be done in accordance with Fed- eral, State, and local laws and regulations, and con- sistent with national security concerns (including minimizing mutual electromagnetic interactions), pub- lic health and safety concerns, environmental and aes- thetic concerns, preservation of historic buildings and monuments, protection of natural and cultural re- sources, protection of national park and wilderness val- ues, 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 In- formation Administration, and other relevant depart- ments 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 inappro- priate 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 instrumen- talities, its officers, or any other person. This memorandum shall be published in the Federal Register. WILLIAM J. CLINTON. § 582. Management of buildings by Administrator of General Services (a) REQUEST BY FEDERAL AGENCY OR INSTRU- MENTALITY.—At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Serv- ices may operate, maintain, and protect a build- ing that is owned by the Federal Government (or, in the case of a wholly owned or mixed-own- ership Government corporation, by the corpora- tion) and occupied by the agency or instrumen- tality making the request. (b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET.— (1) IN GENERAL.—When the Director of the Office of Management and Budget determines that it is in the interest of economy or effi- ciency, the Director shall transfer to the Ad- ministrator all functions vested in a federal agency with respect to the operation, mainte- nance, and custody of an office building owned by the Government or a wholly owned Govern- ment corporation, or an office building, or part of an office building, that is occupied by a federal agency under a lease. (2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of functions shall not be made under this subsection for a post-office building, un- less the Director determines that the building is not used predominantly for post-office pur- poses. The Administrator may delegate func- tions with respect to a post-office building that are transferred to the Administrator under this subsection only to another officer or employee of the General Services Adminis- tration or to the Postmaster General. (3) EXCEPTION FOR BUILDINGS IN A FOREIGN COUNTRY.—A transfer of functions shall not be made under this subsection for a building lo- cated in a foreign country. (4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—A transfer of functions shall not be made under this subsection for a building located on the grounds of a facility of the De- partment of Defense (including a fort, camp, post, arsenal, navy yard, naval training sta- tion, airfield, proving ground, military supply depot, or school) unless and only to the extent that the Secretary of Defense has issued a per- mit for use by another agency. (5) EXCEPTION FOR GROUPS OF SPECIAL PUR- POSE BUILDINGS.—A transfer of functions shall not be made under this subsection for a build- ing that the Director finds to be a part of a group of buildings that are— (A) located in the same vicinity; (B) used wholly or predominantly for the special purposes of the agency with custody of the buildings; and (C) not generally suitable for use by an- other agency. (6) EXCEPTION FOR CERTAIN GOVERNMENT BUILDINGS.—A transfer of functions shall not be made under this subsection for the Treas- ury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Institute of Standards and Tech- nology, and the buildings under the jurisdic- tion of the regents of the Smithsonian Institu- tion. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1110.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 582(a) ......... 40:490(b). June 30, 1949, ch. 288, title II, § 210(b), (d), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 581, 582; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433. 582(b) ......... 40:490(d). In subsection (a), the words ‘‘mixed-ownership Gov- ernment corporation’’ are substituted for ‘‘mixed-own- ership corporation’’ for consistency in the subsection