40 U.S.C. § 121 — Administrative

Page 14 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 121 The Richard B. Russell National School Lunch Act, referred to in subsec. (e)(8)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Farmers Home Administration Act of 1946, re- ferred to in subsec. (e)(8)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such act was substantially repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87–128, title III, § 341(a), 75 Stat. 318. For complete classification of this Act to the Code, see Ta- bles. The Farm Credit Act of 1971, referred to in subsec. (e)(9), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables. The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete clas- sification of this Act to the Code, see section 1701 of Title 12 and Tables. The Federal Deposit Insurance Act, referred to in subsec. (e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of Title 12, Banks and Banking. For com- plete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Ta- bles. The Bonneville Project Act of 1937, referred to in sub- sec. (e)(18), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, which is classified generally to chapter 12B (§ 832 et seq.) of Title 16, Conservation. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 832 of Title 16 and Tables. AMENDMENTS 2021—Subsec. (e)(3). Pub. L. 117–81, § 1702(g)(1)(A), sub- stituted ‘‘section 3063’’ for ‘‘chapter 137’’ and ‘‘the pro- visions of that title referred to in section 3016 of such title as ‘chapter 137 legacy provisions’;’’ for ‘‘that chap- ter;’’. Subsec. (e)(5). Pub. L. 117–81, § 1702(g)(1)(B), sub- stituted ‘‘section 4881’’ for ‘‘section 2535’’. 2011—Subsec. (b). Pub. L. 111–350 substituted ‘‘Divi- sion B (Except Sections 1704 and 2303) of Subtitle I of Title 41’’ for ‘‘the Office of Federal Procurement Policy Act’’ in heading and ‘‘division B (Except Sections 1704 and 2303) of subtitle I of title 41’’ for ‘‘the Office of Fed- eral Procurement Policy Act (41 U.S.C. 401 et seq.)’’ in text. 2004—Subsec. (e)(20). Pub. L. 108–458 added par. (20). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amend- ment; Transition Provisions note under section 3001 of Title 50, War and National Defense. SUBCHAPTER III—ADMINISTRATIVE AND GENERAL § 121. Administrative (a) POLICIES PRESCRIBED BY THE PRESIDENT.— The President may prescribe policies and direc- tives that the President considers necessary to carry out this subtitle. The policies must be consistent with this subtitle. (b) ACCOUNTING PRINCIPLES AND STANDARDS.— (1) PRESCRIPTION.—The Comptroller General, after considering the needs and requirements of executive agencies, shall prescribe prin- ciples and standards of accounting for prop- erty. (2) PROPERTY ACCOUNTING SYSTEMS.—The Comptroller General shall cooperate with the Administrator of General Services and with executive agencies in the development of prop- erty accounting systems and approve the sys- tems when they are adequate and in con- formity with prescribed principles and stand- ards. (3) COMPLIANCE REVIEW.—From time to time the Comptroller General shall examine the property accounting systems established by executive agencies to determine the extent of compliance with prescribed principles and standards and approved systems. The Comp- troller General shall report to Congress any failure to comply with the principles and standards or to adequately account for prop- erty. (c) REGULATIONS BY ADMINISTRATOR.— (1) GENERAL AUTHORITY.—The Administrator may prescribe regulations to carry out this subtitle. (2) REQUIRED REGULATIONS AND ORDERS.—The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrator’s functions under this subtitle and the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the regulations. (d) DELEGATION OF AUTHORITY BY ADMINIS- TRATOR.— (1) IN GENERAL.—Except as provided in para- graph (2), the Administrator may delegate au- thority conferred on the Administrator by this subtitle to an official in the General Services Administration or to the head of another fed- eral agency. The Administrator may authorize successive redelegation of authority conferred by this subtitle. (2) EXCEPTIONS.—The Administrator may not delegate— (A) the authority to prescribe regulations on matters of policy applying to executive agencies; (B) the authority to transfer functions and related allocated amounts from one compo- nent of the Administration to another under paragraphs (1)(C) and (2)(A) of subsection (e); or (C) other authority for which delegation is prohibited by this subtitle. (3) RETENTION AND USE OF RENTAL PAY- MENTS.—A department or agency to which the Administrator has delegated authority to op- erate, maintain or repair a building or facility under this subsection shall retain the portion of the rental payment that the Administrator determines is available to operate, maintain or repair the building or facility. The depart- ment or agency shall directly expend the re- Page 15 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 121 tained amounts to operate, maintain, or repair the building or facility. Any amounts retained under this paragraph shall remain available until expended for these purposes. (e) ASSIGNMENT OF FUNCTIONS BY ADMINIS- TRATOR.— (1) IN GENERAL.—The Administrator may provide for the performance of a function as- signed under this subtitle by any of the fol- lowing methods: (A) The Administrator may direct the Ad- ministration to perform the function. (B) The Administrator may designate or establish a component of the Administration and direct the component to perform the function. (C) The Administrator may transfer the function from one component of the Admin- istration to another. (D) The Administrator may direct an exec- utive agency to perform the function for itself, with the consent of the agency or by direction of the President. (E) The Administrator may direct one ex- ecutive agency to perform the function for another executive agency, with the consent of the agencies concerned or by direction of the President. (F) The Administrator may provide for performance of a function by a combination of the methods described in this paragraph. (2) TRANSFER OF RESOURCES.— (A) WITHIN ADMINISTRATION.—If the Admin- istrator transfers a function from one com- ponent of the Administration to another, the Administrator may also provide for the transfer of appropriate allocated amounts from the component that previously carried out the function to the component being di- rected to carry out the function. A transfer under this subparagraph must be reported to the Director of the Office of Management and Budget. (B) BETWEEN AGENCIES.—If the Adminis- trator transfers a function from one execu- tive agency to another (including a transfer to or from the Administration), the Admin- istrator may also provide for the transfer of appropriate personnel, records, property, and allocated amounts from the executive agen- cy that previously carried out the function to the executive agency being directed to carry out the function. A transfer under this subparagraph is subject to approval by the Director. (f) ADVISORY COMMITTEES.—The Administrator may establish advisory committees to provide advice on any function of the Administrator under this subtitle. Members of the advisory committees shall serve without compensation but are entitled to transportation and not more than $25 a day instead of expenses under section 5703 of title 5. (g) CONSULTATION WITH FEDERAL AGENCIES.— The Administrator shall advise and consult with interested federal agencies and seek their advice and assistance to accomplish the purposes of this subtitle. (h) ADMINISTERING OATHS.—In carrying out in- vestigative duties, an officer or employee of the Administration, if authorized by the Adminis- trator, may administer an oath to an individual. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1068.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 121(a), (b) ... 40:486(a), (b). June 30, 1949, ch. 288, title II, § 205, 63 Stat. 389; Sept. 5, 1950, ch. 849, § 9, 64 Stat. 591; Pub. L. 87–619, Aug. 31, 1962, 76 Stat. 414. 121(c)(1) ..... 40:751(f). June 30, 1949, ch. 288, title I, § 101(f), as added Pub. L. 99–500, § 101(m) [title VIII, § 832], Oct. 18, 1986, 100 Stat. 1783–345; Pub. L. 99–591, § 101(m) [title VIII, § 832], Oct. 30, 1986, 100 Stat. 3341–345. 121(c)(2) ..... 40:486(c). 121(d)(1), (2) 40:486(d). 121(d)(3) ..... 40:486a. Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 611], Sept. 30, 1996, 110 Stat. 3009–355. 121(e)(1) ..... 40:486(e). 40:754 (1st sentence). June 30, 1949, ch. 288, title I, § 106, 63 Stat. 381. 121(e)(2)(A) 40:754 (last sen- tence). 121(e)(2)(B) 40:486(f). 121(f) .......... 40:486(g). 121(g) ......... 40:486(h). 121(h) ......... 40:486(i). In subsection (b)(3), the words ‘‘Comptroller General’’ are substituted for ‘‘General Accounting Office’’ be- cause of 31:702 and for consistency in the revised title. In subsection (d)(3), the words ‘‘For the fiscal year ending September 30, 1997, and thereafter’’ are omitted as unnecessary. In subsection (e)(1)(C), the words ‘‘transfer the func- tion from one component of the Administration to an- other’’ are substituted for ‘‘from time to time, to re- group, transfer, and distribute any such functions with- in the General Services Administration’’ (in 40:754 (1st sentence)) for clarity and to eliminate unnecessary words. In subsection (e)(2), subparagraph (A) is substituted for 40:754 (last sentence) and subparagraph (B) is sub- stituted for 40:486(f) to use more consistent termi- nology and to clarify the requirements and applica- bility of each provision. The words ‘‘Director of the Of- fice of Management and Budget’’ are substituted for ‘‘Director of the Bureau of the Budget’’ in sections 106 (last sentence) and 205(f) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesig- nated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. In subsection (f), the words ‘‘expenses under’’ are sub- stituted for ‘‘subsistence, as authorized by’’ for consist- ency in the revised title. The words ‘‘section 5703 of title 5’’ are substituted for ‘‘section 5 of the Act of Au- gust 2, 1946 (5 U.S.C. 73b–2)’’ in section 205(g) of the Fed- eral Property and Administrative Services Act of 1949 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. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, Page 16 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 121 unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. Executive Documents EX. ORD. NO. 12072. FEDERAL SPACE MANAGEMENT Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, as amended by Ex. Ord. No. 13946, § 1, Aug. 24, 2020, 85 F.R. 52879; Ex. Ord. No. 14091, § 6(c), Feb. 16, 2023, 88 F.R. 10830, provided: By the authority vested in me as President of the United States of America by Section 205(a) of the Fed- eral Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(a)) [now 40 U.S.C. 121(a)], and in order to prescribe appropriate policies and direc- tives, not inconsistent with that Act [now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts] and other applicable provi- sions of law, for the planning, acquisition, utilization, and management of Federal space facilities, it is here- by 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 cit- ies and to make them attractive places to live and work. Such Federal space shall conserve existing urban resources and encourage the development and redevel- opment 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, eco- nomic, environmental, and cultural conditions of the communities in the urban area. 1–103. Except where such selection is otherwise pro- hibited, the process for meeting Federal space needs in urban areas shall give first consideration to a central- ized 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, re- gional, or local development, redevelopment, or con- servation 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 utiliza- tion of human, natural, cultural, and community re- sources. (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 alter- natives: (a) Availability of existing Federally controlled fa- cilities. (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) [now 40 U.S.C. 3306]. (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 pro- posed 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 de- velop programs to implement the policies of this Order through the efficient acquisition and utilization of Fed- erally owned and leased space. In particular, the Ad- ministrator 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 require- ments and space utilization in the executive agencies. (d) Ensure, in cooperation with the heads of Execu- tive agencies, that their essential space requirements are met in a manner that is economically feasible and prudent. (e) Make maximum use of existing Federally con- trolled 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 as- sistance deemed necessary to carry out his functions under this Order. Each agency shall, to the extent not prohibited by law, furnish such information and assist- ance 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 facili- ties and space with the Director of the Office of Man- agement and Budget. (c) Consult with appropriate Federal, State, regional, and local government officials and consider their rec- ommendations for and objections to a proposed selec- tion site or space acquisition. (d) Coordinate proposed programs and plans for facili- ties 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, environ- mental 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 [now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41], shall conform to the provisions of this Order to the extent they have the authority to do so. Page 17 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 121 1–303. Executive Order No. 11512 of February 27, 1970, is revoked. EXECUTIVE ORDER NO. 12512 Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, which related to Federal real property management, was re- voked by Ex. Ord. No. 13327, § 8, Feb. 4, 2004, 69 F.R. 5897, set out below. EX. ORD. NO. 12954. ENSURING THE ECONOMICAL AND EFFI- CIENT ADMINISTRATION AND COMPLETION OF FEDERAL GOVERNMENT CONTRACTS Ex. Ord. No. 12954, Mar. 8, 1995, 60 F.R. 13023, provided: Efficient economic performance and productivity are directly related to the existence of cooperative working relationships between employers and employees. When Federal contractors become involved in prolonged labor disputes with their employees, the Federal Govern- ment’s economy, efficiency, and cost of operations are adversely affected. In order to operate as effectively as possible, by receiving timely goods and quality serv- ices, the Federal Government must assist the entities with which it has contractual relations to develop sta- ble relationships with their employees. An important aspect of a stable collective bargaining relationship is the balance between allowing businesses to operate during a strike and preserving worker rights. This balance is disrupted when permanent re- placement employees are hired. It has been found that strikes involving permanent replacement workers are longer in duration than other strikes. In addition, the use of permanent replacements can change a limited dispute into a broader, more contentious struggle, thereby exacerbating the problems that initially led to the strike. By permanently replacing its workers, an employer loses the accumulated knowledge, experience, skill, and expertise of its incumbent employees. These circumstances then adversely affect the businesses and entities, such as the Federal Government, which rely on that employer to provide high quality and reliable goods or services. NOW, THEREFORE, to ensure the economical and ef- ficient administration and completion of Federal Gov- ernment contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 486(a) [now 40 U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby or- dered as follows: SECTION 1. It is the policy of the executive branch in procuring goods and services that, to ensure the eco- nomical and efficient administration and completion of Federal Government contracts, contracting agencies shall not contract with employers that permanently re- place lawfully striking employees. All discretion under this Executive order shall be exercised consistent with this policy. SEC. 2. (a) The Secretary of Labor (‘‘Secretary’’) may investigate an organizational unit of a Federal con- tractor to determine whether the unit has permanently replaced lawfully striking workers. Such investigation shall be conducted in accordance with procedures es- tablished by the Secretary. (b) The Secretary shall receive and may investigate complaints by employees of any entity covered under section 2(a) of this order where such complaints allege lawfully striking employees have been permanently re- placed. (c) The Secretary may hold such hearings, public or private, as he or she deems advisable, to determine whether an entity covered under section 2(a) has per- manently replaced lawfully striking employees. SEC. 3. (a) When the Secretary determines that a con- tractor has permanently replaced lawfully striking em- ployees, the Secretary may make a finding that it is appropriate to terminate the contract for convenience. The Secretary shall transmit that finding to the head of any department or agency that contracts with the contractor. (b) The head of the contracting department or agency may object to the termination for convenience of a contract or contracts of a contractor determined to have permanently replaced legally striking employees. If the head of the agency so objects, he or she shall set forth the reasons for not terminating the contract or contracts in a response in writing to the Secretary. In such case, the termination for convenience shall not be issued. The head of the contracting agency or depart- ment shall report to the Secretary those contracts that have been terminated for convenience under this sec- tion. SEC. 4. (a) When the Secretary determines that a con- tractor has permanently replaced lawfully striking em- ployees, the Secretary may debar the contractor, there- by making the contractor ineligible to receive govern- ment contracts. The Secretary shall notify the Admin- istrator of the General Services Administration of the debarment, and the Administrator shall include the contractor on the consolidated list of debarred contrac- tors. Departments and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors unless the head of the agency or his or her designee determines, in writing, that there is a compelling reason for such action, in accordance with the Federal Acquisition Regulation. (b) The scope of the debarment normally will be lim- ited to those organizational units of a Federal con- tractor that the Secretary finds to have permanently replaced lawfully striking workers. (c) The period of the debarment may not extend be- yond the date when the labor dispute precipitating the permanent replacement of lawfully striking workers has been resolved, as determined by the Secretary. SEC. 5. The Secretary shall publish or cause to be published, in the Federal Register, the names of con- tractors that have, in the judgement of the Secretary, permanently replaced lawfully striking employees and have been the subject of debarment. SEC. 6. The Secretary shall be responsible for the ad- ministration and enforcement of this order. The Sec- retary, after consultation with the Secretary of De- fense, the Administrator of the General Services, the Administrator of the National Aeronautics and Space Administration, and the Administrator of the Office of Federal Procurement Policy, may adopt such rules and regulations and issue such orders as may be deemed necessary and appropriate to achieve the purposes of this order. SEC. 7. Each contracting department and agency shall cooperate with the Secretary and provide such informa- tion and assistance as the Secretary may require in the performance of the Secretary’s functions under this order. SEC. 8. The Secretary may delegate any function or duty of the Secretary under this order to any officer in the Department of Labor or to any other officer in the executive branch of the Government, with the consent of the head of the department or agency in which that officer serves. SEC. 9. The Secretary of Defense, the Administrator of the General Services, and the Administrator of the National Aeronautics and Space Administration, after consultation with the Administrator of the Office of Federal Procurement Policy, shall take whatever ac- tion is appropriate to implement the provisions of this order and of any related rules, regulations, or orders of the Secretary issued pursuant to this order. SEC. 10. This order is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employ- ees. This order is not intended, however, to preclude ju- dicial review of final agency decisions in accordance with the Administrative Procedure Act, 5 U.S.C. 701 et seq. SEC. 11. The meaning of the term ‘‘organizational unit of a Federal contractor’’ as used in this order shall be defined in regulations that shall be issued by the Secretary of Labor, in consultation with affected agen- cies. This order shall apply only to contracts in excess of the Simplified Acquisition Threshold. Page 18 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 121 SEC. 12. (a) The provisions of section 3 of this order shall only apply to situations in which contractors have permanently replaced lawfully striking employees after the effective date of this order. (b) This order is effective immediately. WILLIAM J. CLINTON. EXECUTIVE ORDER NO. 12977 Ex. Ord. No. 12977, Oct. 19, 1995, 60 F.R. 54411, as amended by Ex. Ord. No. 13286, § 23, Feb. 28, 2003, 68 F.R. 10624, which established the Interagency Security Com- mittee, was superseded and revoked by Ex. Ord. No. 14111, § 7, Nov. 27, 2023, 88 F.R. 83811, set out in a note below. EX. ORD. NO. 13327. FEDERAL REAL PROPERTY ASSET MANAGEMENT Ex. Ord. No. 13327, Feb. 4, 2004, 69 F.R. 5897, as amend- ed by Ex. Ord. No. 13423, § 11(c), Jan. 24, 2007, 72 F.R. 3923; Ex. Ord. No. 13693, § 16(d), Mar. 19, 2015, 80 F.R. 15881, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 121(a) of title 40, United States Code, and in order to promote the efficient and economical use of Federal real property resources in accordance with their value as national assets and in the best interests of the Nation, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States to promote the efficient and economical use of Amer- ica’s real property assets and to assure management accountability for implementing Federal real property management reforms. Based on this policy, executive branch departments and agencies shall recognize the importance of real property resources through in- creased management attention, the establishment of clear goals and objectives, improved policies and levels of accountability, and other appropriate action. SEC. 2. Definition and Scope. (a) For the purpose of this executive order, Federal real property is defined as any real property owned, leased, or otherwise managed by the Federal Government, both within and outside the United States, and improvements on Federal lands. For the purpose of this order, Federal real property shall exclude: interests in real property assets that have been disposed of for public benefit purposes pursu- ant to section 484 of title 40, United States Code [now 40 U.S.C. 541–555], and are now held in private owner- ship; land easements or rights-of-way held by the Fed- eral Government; public domain land (including lands withdrawn for military purposes) or land reserved or dedicated for national forest, national park, or national wildlife refuge purposes except for improvements on those lands; land held in trust or restricted fee status for individual Indians or Indian tribes; and land and in- terests in land that are withheld from the scope of this order by agency heads for reasons of national security, foreign policy, or public safety. (b) This order shall not be interpreted to supersede any existing authority under law or by executive order for real property asset management, with the exception of the revocation of Executive Order 12512 of April 29, 1985 [formerly set out as a note above], in section 8 of this order. SEC. 3. Establishment and Responsibilities of Agency Sen- ior Real Property Officer. (a) The heads of all executive branch departments and agencies cited in sections 901(b)(1) and (b)(2) of title 31, United States Code, and the Secretary of Homeland Security, shall designate among their senior management officials, a Senior Real Property Officer. Such officer shall have the edu- cation, training, and experience required to administer the necessary functions of the position for the par- ticular agency. (b) The Senior Real Property Officer shall develop and implement an agency asset management planning process that meets the form, content, and other re- quirements established by the Federal Real Property Council established in section 4 of this order. The ini- tial agency asset management plan will be submitted to the Office of Management and Budget on a date de- termined by the Director of the Office of Management and Budget. In developing this plan, the Senior Real Property Officer shall: (i) identify and categorize all real property owned, leased, or otherwise managed by the agency, including, where applicable, those properties outside the United States in which the lease agreements and arrangements reflect the host country currency or involve alternative lease plans or rental agreements; (ii) prioritize actions to be taken to improve the operational and financial management of the agency’s real property inventory; (iii) make life-cycle cost estimations associated with the prioritized actions; (iv) identify legislative authorities that are required to address these priorities; (v) identify and pursue goals, with appropriate dead- lines, consistent with and supportive of the agency’s asset management plan and measure progress against such goals; (vi) incorporate planning and management require- ments for historic property under Executive Order 13287 of March 3, 2003 [54 U.S.C. 306101 note], and for environ- mental management under other Executive Orders; and (vii) identify any other information and pursue any other actions necessary to the appropriate development and implementation of the agency asset management plan. (c) The Senior Real Property Officer shall be respon- sible, on an ongoing basis, for monitoring the real prop- erty assets of the agency so that agency assets are managed in a manner that is: (i) consistent with, and supportive of, the goals and objectives set forth in the agency’s overall strategic plan under section 306 of title 5, United States Code; (ii) consistent with the real property asset manage- ment principles developed by the Federal Real Prop- erty Council established in section 4 of this order; and (iii) reflected in the agency asset management plan. (d) The Senior Real Property Officer shall, on an an- nual basis, provide to the Director of the Office of Man- agement and Budget and the Administrator of General Services: (i) information that lists and describes real property assets under the jurisdiction, custody, or control of that agency, except for classified information; and (ii) any other relevant information the Director of the Office of Management and Budget or the Adminis- trator of General Services may request for inclusion in the Government-wide listing of all Federal real prop- erty assets and leased property. (e) The designation of the Senior Real Property Offi- cer shall be made by agencies within 30 days after the date of this order. SEC. 4. Establishment of a Federal Real Property Coun- cil. (a) A Federal Real Property Council (Council) is es- tablished, within the Office of Management and Budget for administrative purposes, to develop guidance for, and facilitate the success of, each agency’s asset man- agement plan. The Council shall be composed exclu- sively of all agency Senior Real Property Officers, the Controller of the Office of Management and Budget, the Administrator of General Services, and any other full- time or permanent part-time Federal officials or em- ployees as deemed necessary by the Chairman of the Council. The Deputy Director for Management of the Office of Management and Budget shall also be a mem- ber and shall chair the Council. The Office of Manage- ment and Budget shall provide funding and administra- tive support for the Council, as appropriate. (b) The Council shall provide a venue for assisting the Senior Real Property Officers in the development and implementation of the agency asset management plans. The Council shall work with the Administrator of Gen- eral Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. Such performance measures Page 19 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 121 shall include, but are not limited to, evaluating the costs and benefits involved with acquiring, repairing, maintaining, operating, managing, and disposing of Federal real properties at particular agencies. Specifi- cally, the Council shall consider, as appropriate, the following performance measures: (i) life-cycle cost estimations associated with the agency’s prioritized actions; (ii) the costs relating to the acquisition of real prop- erty assets by purchase, condemnation, exchange, lease, or otherwise; (iii) the cost and time required to dispose of Federal real property assets and the financial recovery of the Federal investment resulting from the disposal; (iv) the operating, maintenance, and security costs at Federal properties, including but not limited to the costs of utility services at unoccupied properties; (v) the environmental costs associated with owner- ship of property, including the costs of environmental restoration and compliance activities; (vi) changes in the amounts of vacant Federal space; (vii) the realization of equity value in Federal real property assets; (viii) opportunities for cooperative arrangements with the commercial real estate community; and (ix) the enhancement of Federal agency productivity through an improved working environment. The per- formance measures shall be designed to enable the heads of executive branch agencies to track progress in the achievement of Government-wide property manage- ment objectives, as well as allow for comparing the per- formance of executive branch agencies against industry and other public sector agencies. (c) The Council shall serve as a clearinghouse for ex- ecutive agencies for best practices in evaluating actual progress in the implementation of real property en- hancements. The Council shall also work in conjunc- tion with the President’s Management Council to assist the efforts of the Senior Real Property Officials and the implementation of agency asset management plans. (d) The Council shall be organized and hold its first meeting within 60 days of the date of this order. The Council shall hold meetings not less often than once a quarter each fiscal year. SEC. 5. Role of the General Services Administration. (a) The Administrator of General Services shall, to the ex- tent permitted by law and in consultation with the Federal Real Property Council, provide policy over- sight and guidance for executive agencies for Federal real property management; manage selected properties for an agency at the request of that agency and with the consent of the Administrator; delegate operational responsibilities to an agency where the Administrator determines it will promote efficiency and economy, and where the receiving agency has demonstrated the abil- ity and willingness to assume such responsibilities; and provide necessary leadership in the development and maintenance of needed property management informa- tion systems. (b) The Administrator of General Services shall pub- lish common performance measures and standards adopted by the Council. (c) The Administrator of General Services, in con- sultation with the Federal Real Property Council, shall establish and maintain a single, comprehensive, and de- scriptive database of all real property under the cus- tody and control of all executive branch agencies, ex- cept when otherwise required for reasons of national se- curity. The Administrator shall collect from each exec- utive branch agency such descriptive information, ex- cept for classified information, as the Administrator considers will best describe the nature, use, and extent of the real property holdings of the Federal Govern- ment. (d) The Administrator of General Services, in con- sultation with the Federal Real Property Council, may establish data and other information technology (IT) standards for use by Federal agencies in developing or upgrading Federal agency real property information systems in order to facilitate reporting on a uniform basis. Those agencies with particular IT standards and systems in place and in use shall be allowed to continue with such use to the extent that they are compatible with the standards issued by the Administrator. SEC. 6. General Provisions. (a) The Director of the Of- fice of Management and Budget shall review, through the management and budget review processes, the ef- forts of departments and agencies in implementing their asset management plans and achieving the Gov- ernment-wide property management policies estab- lished pursuant to this order. (b) The Office of Management and Budget and the General Services Administration shall, in consultation with the landholding agencies, develop legislative ini- tiatives that seek to improve Federal real property management through the adoption of appropriate in- dustry management techniques and the establishment of managerial accountability for implementing effec- tive and efficient real property management practices. (c) Nothing in this order shall be construed to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budg- et, administrative, or legislative proposals. (d) Nothing in this order shall be construed to affect real property for the use of the President, Vice Presi- dent, or, for protective purposes, the United States Se- cret Service. SEC. 7. Public Lands. In order to ensure that Federally owned lands, other than the real property covered by this order, are managed in the most effective and eco- nomic manner, the Departments of Agriculture and the Interior shall take such steps as are appropriate to im- prove their management of public lands and National Forest System lands and shall develop appropriate leg- islative proposals necessary to facilitate that result. SEC. 8. Executive Order 12512 of April 29, 1985, is here- by revoked. SEC. 9. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its de- partments, agencies, or other entities, its officers or employees, or any other person. [Section 3(b)(vi) of Ex. Ord. No. 13327 was amended by Ex. Ord. No. 13423 by substituting ‘‘other executive or- ders’’ for ‘‘Executive Order 13148 of April 21, 2000’’ and by Ex. Ord. No. 13693 by substituting ‘‘other Executive Orders’’ for ‘‘Executive Order 13148 of April 21, 2000’’. Text of Ex. Ord. No. 13327 set out above reflects the amendment made by Ex. Ord. No. 13693.] DISPOSING OF UNNEEDED FEDERAL REAL ESTATE—IN- CREASING SALES PROCEEDS, CUTTING OPERATING COSTS, AND IMPROVING ENERGY EFFICIENCY Memorandum of President of the United States, June 10, 2010, 75 F.R. 33987, provided: Memorandum for the Heads of Executive Depart- ments and Agencies My Administration is committed to eliminating all forms of Government waste and to leading by example as our Nation transitions to a clean energy economy. For decades, the Federal Government, the largest prop- erty owner and energy user in the United States, has managed more real estate than necessary to effectively support its programs and missions. Both taxpayer dol- lars and energy resources are being wasted to maintain these excess assets. In addition, many of the properties necessary for the Government’s work are not operated efficiently, resulting in wasted funds and excessive greenhouse gas pollution. For example, over the past decade, the private sector reduced its data center foot- print by capitalizing on innovative technologies to in- crease efficiencies. However, during that same period, the Federal Government experienced a substantial in- crease in the number of data centers, leading to in- creased energy consumption, real property expendi- tures, and operations and maintenance costs. Past at- tempts at reducing the Federal Government’s civilian real property assets produced small savings and had a Page 20 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 121 minor impact on the condition and performance of mis- sion-critical properties. These efforts were not suffi- ciently comprehensive in disposing of excess real estate and did not emphasize making more efficient use of ex- isting assets. To eliminate wasteful spending of taxpayer dollars, save energy and water, and further reduce greenhouse gas pollution, I hereby direct executive departments and agencies (agencies) to accelerate efforts to identify and eliminate excess properties. Agencies shall also take immediate steps to make better use of remaining real property assets as measured by utilization and oc- cupancy rates, annual operating cost, energy effi- ciency, and sustainability. To the extent permitted by law, agency actions shall include accelerating cycle times for identifying excess assets and disposing of sur- plus assets; eliminating lease arrangements that are not cost effective; pursuing consolidation opportunities within and across agencies in common asset types (such as data centers, office space, warehouses, and lab- oratories); increasing occupancy rates in current facili- ties through innovative approaches to space manage- ment and alternative workplace arrangements, such as telework; and identifying offsetting reductions in in- ventory when new space is acquired. Agency actions taken under this memorandum shall align with and support the actions to measure and reduce resource use and greenhouse gas emissions in Federal facilities pur- suant to [former] Executive Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance), and the Federal Data Cen- ter Consolidation Initiative, which was announced by the Office of Management and Budget (OMB) in Feb- ruary 2010. In total, agency efforts required by this memorandum should produce no less than $3 billion in cost savings by the end of fiscal year 2012, yielded from increased pro- ceeds from the sale of assets and reduced operating, maintenance, and energy expenses from disposals or other space consolidation efforts, including leases that are ended. This is in addition to the Department of De- fense’s Base Realignment and Closure efforts that are expected to achieve $9.8 billion in savings from fiscal year 2010 to fiscal year 2012, of which $5 billion is a di- rect result of reduced operating and maintenance from disposals or other consolidation efforts. In addition, in order to address the growth of data centers across the Federal Government, agencies shall immediately adopt a policy against expanding data centers beyond current levels, and shall develop plans to consolidate and sig- nificantly reduce data centers within 5 years. Agencies shall submit their plans to OMB for review by August 30, 2010. To achieve these goals, the Director of the OMB shall develop, in consultation with the Administrator of General Services and the Federal Real Property Coun- cil established pursuant to Executive Order 13327 of February 4, 2004 (Federal Real Property Asset Manage- ment), within 90 days of the date of this memorandum, guidance for actions agencies should take to carry out the requirements of this memorandum. The guidance shall include agency-specific targets to achieve $3 bil- lion in cost savings and shall be developed in consulta- tion with the agencies. The Administrator of General Services, in consultation with the Director of the OMB, shall coordinate agency efforts to satisfy the require- ments of this memorandum and shall submit to the President periodic reports on the results achieved. This memorandum shall be implemented consistent with applicable law and is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The Director of the OMB is hereby authorized and di- rected to publish this memorandum in the Federal Reg- ister. BARACK OBAMA. EX. ORD. NO. 14111. INTERAGENCY SECURITY COMMITTEE Ex. Ord. No. 14111, Nov. 27, 2023, 88 F.R. 83809, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the quality and effec- tiveness of security in and protection of buildings and facilities in the United States occupied by Federal em- ployees or Federal contractor workers for nonmilitary activities, and to provide an ongoing entity to address continuing Government-wide security for Federal fa- cilities, it is hereby ordered as follows: SECTION 1. Establishment. There is hereby established the Interagency Security Committee (Committee). The Committee shall consist of: (a) the Secretary of Homeland Security (Secretary); (b) representatives from the following executive de- partments and agencies (agencies), designated by the heads of such agencies: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of the Interior; (vi) the Department of Agriculture; (vii) the Department of Commerce; (viii) the Department of Labor; (ix) the Department of Health and Human Services; (x) the Department of Housing and Urban Develop- ment; (xi) the Department of Transportation; (xii) the Department of Energy; (xiii) the Department of Education; (xiv) the Department of Veterans Affairs; (xv) the Environmental Protection Agency; (xvi) the Office of Management and Budget; (xvii) the Office of the Director of National Intel- ligence; and (xviii) the General Services Administration; (c) the following officials or their designees: (i) the Director of the United States Marshals Serv- ice; (ii) the Director of the Federal Protective Service; (iii) the Director of the Central Intelligence Agency; (iv) the Director of the Office of Personnel Manage- ment; and (v) the Director of the Federal Bureau of Investiga- tion; and (d) such other Federal officials as the President may from time to time designate. SEC. 2. Chair. The Committee shall be chaired by the Secretary or the designee of the Secretary. SEC. 3. Working Groups. The Committee is authorized to establish interagency working groups to perform such tasks as may be directed by the Committee. SEC. 4. Consultation. The Committee may consult with officials in other Federal Government entities, in- cluding the Administrative Office of the United States Courts and the United States Postal Service, to per- form its responsibilities under this order, and, at the discretion of the Committee, officials from other Fed- eral Government entities may participate in the inter- agency working groups. SEC. 5. Duties and Responsibilities. The Committee shall: (a) establish policies and standards for security in and protection of Federal facilities; (b) evaluate existing security standards for Federal facilities and develop a strategy to monitor the imple- mentation of such standards to ensure compliance by agencies; (c) take such actions as may be necessary to enhance the quality and effectiveness of security in and protec- tion of Federal facilities, including: (i) encouraging agencies with security responsibil- ities to share security-related intelligence in a timely and cooperative manner; (ii) assessing technology and information systems as means of providing cost-effective improvements to se- curity in Federal facilities; Page 21 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 122 (iii) developing long-term construction standards for those locations with threat levels or missions that re- quire blast-resistant structures or other specialized se- curity requirements; (iv) evaluating standards for the location of, and spe- cial security related to, child care centers in Federal facilities; (v) assisting the Secretary in developing and main- taining a centralized security database of all Federal facilities; and (vi) providing best practices for securing a mobile Federal workforce; and (d) no later than 1 year after the date of this order [Nov. 27, 2023] and biennially thereafter, prepare and provide to the Director of the Office of Management and Budget and the Assistant to the President for Na- tional Security Affairs a summary report describing the results of compliance under subsection 6(c) of this order. SEC. 6. Agency Support and Cooperation. (a) To the ex- tent permitted by law and subject to the availability of appropriations, the Secretary shall provide the Com- mittee such administrative services, funds, facilities, staff, and other support services as may be necessary for the performance of its functions under this order. (b) Each agency shall cooperate and comply with the requirements of this order and the policies and stand- ards of the Committee issued pursuant to this order, except in situations in which the Director of National Intelligence, or other United States Intelligence Com- munity official within the Office of the Director of Na- tional Intelligence designated by the Director of Na- tional Intelligence, determines that compliance would jeopardize intelligence sources and methods. To the ex- tent permitted by law and subject to the availability of appropriations, agencies shall provide such cooperation and compliance as may be necessary to enable the Committee to perform its duties and responsibilities under this order. (i) Each agency shall designate a senior official who shall be responsible for agency implementation of, and compliance with, this order. (ii) The senior official shall ensure that the official’s agency supports Facility Security Committees, as ap- plicable, in the performance of the official’s duties. (c) The Secretary shall monitor agency compliance with the policies and standards of the Committee. Mon- itoring compliance shall consist, at a minimum, of the following: (i) maintaining compliance benchmarks to measure compliance progress; (ii) requiring periodic compliance reporting by all rel- evant agencies; and (iii) conducting risk-based compliance verification. (d) In situations in which a Federal facility is occu- pied by multiple agencies for both military and non- military activities, and each such occupancy is sub- stantial, those occupants shall coordinate on the secu- rity of the facility. SEC. 7. Administrative Provision. This order supersedes Executive Order 12977 of October 19, 1995 (Interagency Security Committee) [formerly set out above], which is hereby revoked. To the extent that this order is incon- sistent with any provision of any previous Executive Order or Presidential Memorandum, this order shall control. All policies and standards implemented by the Interagency Security Committee that was established pursuant to Executive Order 12977 shall remain in effect until rescinded or replaced by the Committee estab- lished pursuant to this order. SEC. 8. Definitions. For purposes of this order: (a) ‘‘Agency’’ means an executive agency, as defined in section 105 of title 5, United States Code. (b) ‘‘Federal facility’’ means a federally owned or leased building, structure, or the land it resides on, in whole or in part, that is regularly occupied by Federal employees or Federal contractor workers for non- military activities. The term ‘‘Federal facility’’ also means any building or structure acquired by a con- tractor through ownership or leasehold interest, in whole or in part, solely for the purpose of executing a nonmilitary Federal mission or function under the di- rection of an agency. The term ‘‘Federal facility’’ does not include public domain land, including improve- ments thereon; withdrawn lands; or buildings or facili- ties outside of the United States. (c) ‘‘Federal employee’’ means an employee, as de- fined in section 2105 of title 5, United States Code, of an agency. (d) ‘‘Federal contractor worker’’ means any indi- vidual who performs work for or on behalf of any agen- cy under a contract, subcontract, or contract-like in- strument and who, in order to perform the work speci- fied under the contract, subcontract, or contract-like instrument, requires access to space, information, in- formation technology systems, staff, or other assets of the Federal Government in buildings and facilities of the United States. Such contracts include the fol- lowing: (i) personal service contracts; (ii) contracts between any non-Federal entity and any agency; and (iii) subcontracts between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with an agency. (e) ‘‘Facility Security Committee’’ means a com- mittee that is established in accordance with an Inter- agency Security Committee standard, and that is re- sponsible for addressing facility-specific security issues and approving the implementation of security meas- ures and practices in multi-tenant facilities. SEC. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 122. Prohibition on sex discrimination (a) PROHIBITION.—With respect to a program or activity carried on or receiving federal assist- ance under this subtitle, an individual may not be excluded from participation, denied benefits, or otherwise discriminated against based on sex. (b) ENFORCEMENT.—Subsection (a) shall be en- forced through agency provisions and rules simi- lar to those already established with respect to racial and other discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not exclusive and does not prejudice or remove any other legal remedies available to an individual alleging dis- crimination. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 122 ............. 40:476. June 30, 1949, ch. 288, title VI, § 606, as added Pub. L. 94–519, § 8, Oct. 17, 1976, 90 Stat. 2456. Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of