40 U.S.C. § 586 — Charges for space and services

Page 74 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 586 mittee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives on the status of the implementation of the plan, including the number of disclosures made under sub- section (b)(2). ‘‘SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE. ‘‘A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include lan- guage that provides that— ‘‘(1) the covered entity and any member of the prop- erty management company who may be responsible for oversight or maintenance of the high-security leased space shall not— ‘‘(A) maintain access to the high-security leased space; or ‘‘(B) have access to the high-security leased space without prior approval from the Federal tenant; ‘‘(2) access to the high-security leased space or any property or information located within that space will only be granted by the Federal tenant if the Fed- eral tenant determines that the access is clearly con- sistent with the mission and responsibilities of the Federal tenant; and ‘‘(3) the Federal lessee shall have written proce- dures in place, signed by the Federal lessee and the covered entity, governing access to the high-security leased space in case of emergencies that may damage the leased property. ‘‘SEC. 6. AGENCY NOTIFICATIONS. ‘‘Not later than 60 days after the date of enactment of this Act [Dec. 31, 2020], the Administrator of General Services, in consultation with the Office of Manage- ment and Budget, shall provide notification to relevant Executive branch agencies with independent leasing authorities of the requirements of this Act. ‘‘SEC. 7. APPLICABILITY. ‘‘Except where otherwise provided, this Act shall apply with respect to any lease or novation agreement entered into on or after the date that is 6 months after the date of enactment of this Act.’’ LEASE OF BUILDING SPACE BY WHOLLY OWNED GOVERNMENT CORPORATIONS Act July 30, 1947, ch. 358, title III, § 306, 61 Stat. 584, provided in part that: ‘‘Wholly owned Government cor- porations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of such Act of March 1, 1919, as amended [ch. 86, § 10, 40 Stat. 1269] ([former] 40 U.S.C. 1), and shall pay such rental thereon as may be determined by the Federal Works Adminis- trator [Administrator of General Services], such rental to include all cost of maintenance, upkeep, and repair.’’ § 586. Charges for space and services (a) DEFINITION.—In this section, ‘‘space and services’’ means space, services, quarters, main- tenance, repair, and other facilities. (b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.— (1) IN GENERAL.—The Administrator of Gen- eral Services shall impose a charge for fur- nishing space and services. (2) RATES.—The Administrator shall, from time to time, determine the rates to be charged for furnishing space and services and shall prescribe regulations providing for the rates. The rates shall approximate commercial charges for comparable space and services. However, for a building for which the Adminis- trator is responsible for alterations only (as the term ‘‘alter’’ is defined in section 3301(a) of this title), the rates shall be fixed to recover only the approximate cost incurred in pro- viding alterations. (3) EXEMPTIONS.—The Administrator may ex- empt anyone from the charges required by this subsection when the Administrator deter- mines that charges would be infeasible or im- practical. To the extent an exemption is granted, appropriations to the General Serv- ices Administration are authorized to reim- burse the Federal Buildings Fund for any loss of revenue. (c) CHARGES BY EXECUTIVE AGENCIES.— (1) IN GENERAL.—An executive agency, other than the Administration, may impose a charge for furnishing space and services at rates ap- proved by the Administrator. (2) CREDITING AMOUNTS RECEIVED.—An amount an executive agency receives under this subsection shall be credited to the appro- priation or fund initially charged for providing the space or service. However, amounts in ex- cess of actual operating and maintenance costs shall be credited to miscellaneous re- ceipts unless otherwise provided by law. (d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent payments to the Admin- istration for lease space relating to expansion needs of the agency. Payment rates shall ap- proximate commercial charges for comparable space as provided in subsection (b). Payments shall be deposited into the Federal Buildings Fund. The Administration may use amounts re- ceived under this subsection, in addition to amounts received as New Obligational Author- ity, in the Rental of Space activity of the Fund. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1113.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 586(a), (b) ... 40:490(j). June 30, 1949, ch. 288, title II, § 210(j), (k), as added Pub. L. 92–313, § 4, June 16, 1972, 86 Stat. 219. 586(c) ......... 40:490(k). 586(d) ......... 40:490f. Pub. L. 102–393, title IV, § 5, Oct. 6, 1992, 106 Stat. 1750. In subsection (b)(3), the words ‘‘Federal Buildings Fund’’ are substituted for ‘‘the fund’’ for clarity and to execute the probable intent of Congress. Sections 3 and 4 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 218) added subsection (j) of 40:490 (in which the words ‘‘the fund’’ appear) and amended sub- section (f) to create a fund into which ‘‘charges made pursuant to subsection (j)’’ are deposited (40:490(f)(1)(A)). That fund was subsequently named ‘‘Federal Buildings Fund’’ by section 153(1) of the En- ergy Policy Act of 1992 (Public Law 102–486, 106 Stat. 2851). If an exemption from charges is granted under 40:490(j), ‘‘the fund’’ that suffers the loss of revenue is the Federal Buildings Fund. In subsection (d), the words ‘‘on and after October 6, 1992’’ are omitted as obsolete. The words ‘‘subsection (b)’’ are substituted for ‘‘section 201(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j))’’ in section 5(a) of the Inde- pendent Agencies Appropriations Act, 1993, to reflect the probable intent of Congress. Section 201 of the Fed- eral Property and Administrative Services Act of 1949 does not contain a subsection (j) and the intended ref- erence was probably ‘‘section 210(j)’’, which is restated Page 75 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 588 in this section. The text of 40:490f(b) is omitted as exe- cuted. § 587. Telecommuting and other alternative workplace arrangements (a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’ means flexiplace work telecommuting centers. (b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF GENERAL SERVICES.— (1) ESTABLISHMENT.—The Administrator of General Services may acquire space for, estab- lish, and equip telecommuting centers for use in accordance with this subsection. (2) USE.—A telecommuting center may be used by employees of federal agencies, state and local governments, and the private sector. The Administrator shall give federal employ- ees priority in using a telecommuting center. The Administrator may make a telecom- muting center available for use by others to the extent it is not fully utilized by federal employees. (3) USER FEES.—The Administrator shall charge a user fee for the use of a telecom- muting center. The amount of the user fee shall approximate commercial charges for comparable space and services. However, the user fee may not be less than necessary to pay the cost of establishing and operating the tele- commuting center, including the reasonable cost of renovation and replacement of fur- niture, fixtures, and equipment. (4) DEPOSIT AND USE OF FEES.—The Adminis- trator may— (A) deposit user fees into the Federal Buildings Fund and use the fees to pay costs incurred in establishing and operating the telecommuting center; and (B) accept and retain income received by the General Services Administration, from federal agencies and non-federal sources, to defray costs directly associated with the functions of telecommuting centers. (c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY EXECUTIVE AGENCIES AND OTHERS.— (1) DEFINITION.—In this subsection, the term ‘‘alternative workplace arrangements’’ in- cludes telecommuting, hoteling, virtual of- fices, and other distributive work arrange- ments. (2) CONSIDERATION BY EXECUTIVE AGENCIES.— In considering whether to acquire space, quar- ters, buildings, or other facilities for use by employees, the head of an executive agency shall consider whether needs can be met using alternative workplace arrangements. (3) GUIDANCE FROM ADMINISTRATOR.—The Ad- ministrator may provide guidance, assistance, and oversight to any person regarding the es- tablishment and operation of alternative workplace arrangements. (d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING PROGRAMS.— (1) DEFINITION.—In this subsection, the term ‘‘flexiplace work telecommuting program’’ means a program under which employees of a department or agency set out in paragraph (2) are permitted to perform all or a portion of their duties at a telecommuting center estab- lished under this section or other federal law. (2) MINIMUM FUNDING.—For each of the fol- lowing departments and agencies, in each fis- cal year at least $50,000 of amounts made available for salaries and expenses is available only for carrying out a flexiplace work tele- commuting program: (A) Department of Agriculture. (B) Department of Commerce. (C) Department of Defense. (D) Department of Education. (E) Department of Energy. (F) Department of Health and Human Services. (G) Department of Housing and Urban De- velopment. (H) Department of the Interior. (I) Department of Justice. (J) Department of Labor. (K) Department of State. (L) Department of Transportation. (M) Department of the Treasury. (N) Department of Veterans Affairs. (O) Environmental Protection Agency. (P) General Services Administration. (Q) Office of Personnel Management. (R) Small Business Administration. (S) Social Security Administration. (T) United States Postal Service. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1113.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 587(a), (b)(1)– (4)(A). 40:490(l)(1)–(3). June 30, 1949, ch. 288, title II, § 210(l), as added Pub. L. 104–208, div. A, title I, § 101(f) [title IV, § 407(a)], Sept. 30, 1996, 110 Stat. 3009–337. 587(b)(4)(B) 40:490h. Pub. L. 104–52, title IV, § 5, Nov. 19, 1995, 109 Stat. 486. 587(c)(1) ..... 40:490(l)(4) (words after 3d comma). 587(c)(2) ..... 40:490(l)(5). 587(c)(3) ..... 40:490(l)(4) (words before 3d comma). 587(d) ......... 40:490 note. Pub. L. 105–277, div A, § 101(h) [title VI, § 630], Oct. 21, 1998, 112 Stat. 2681–522. § 588. Movement and supply of office furniture (a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a substantial and identifiable segment of space (such as a build- ing, floor, or wing) in a location that the Admin- istrator of General Services controls for pur- poses of assignment of space. (b) APPLICATION.—This section applies if an agency (or unit of the agency), moves from one controlled space to another, whether in the same or a different location. (c) MOVING EXISTING FURNITURE.—The fur- niture and furnishings used by an agency (or or- ganizational unit of the agency) shall be moved only if the Administrator determines, after con- sultation with the head of the agency and with due regard for the program activities of the agency, that it would not be more economical and efficient to make suitable replacements available in the new controlled space. (d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a determination under subsection