CHAPTER 1 —GENERAL
SUBCHAPTER I—PURPOSE AND DEFINITIONS
SUBCHAPTER II—SCOPE
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
Editorial Notes
Amendments
2011—
SUBCHAPTER I—PURPOSE AND DEFINITIONS
§101. Purpose
The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
(2) Using available property.
(3) Disposing of surplus property.
(4) Records management.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101 | 40:471. | June 30, 1949, ch. 288, §2, |
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Short Title of 2022 Amendment
Short Title of 2021 Amendment
Short Title of 2020 Amendment
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Amendment
Short Title of 2014 Amendment
Short Title of 2013 Amendment
Short Title of 2010 Amendment
Short Title of 2008 Amendment
Short Title of 2006 Amendment
Short Title of 2003 Amendment
§102. Definitions
Except as provided in subchapter VII of
(1)
(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.
(2)
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.
(3)
(4)
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5)
(6)
(7)
(A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and
(B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties.
(8)
(9)
(A)(i) the public domain;
(ii) land reserved or dedicated for national forest or national park purposes;
(iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and
(iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are substantially changed in character by improvements or otherwise;
(B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and
(C) records of the Government.
(10)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102 | 40:472. | June 30, 1949, ch. 288, §3, |
In this section, the words "and in title III of the Federal Property and Administrative Services Act of 1949 (
In clause (6), the words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
Editorial Notes
Amendments
2016—
2011—
SUBCHAPTER II—SCOPE
§111. Application to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
In the following provisions, the words "this subtitle" are deemed to refer also to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1)
(2)
(3)
(4)
(5)
(6)
(7) Section 121(d)(1) and (2) of this title.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 111 | (no source). |
This section is added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. In the positive law codification of title 40, most of the Federal Property and Administrative Services Act of 1949 is restated as subtitle I of title 40. However, title III of the Act, which is outside the scope of the positive law codification, remains classified to the United States Code as
Editorial Notes
Amendments
2011—
§112. Applicability of certain policies, procedures, and directives in effect on July 1, 1949
(a)
(b)
(1) the Director of the Bureau of Federal Supply or the Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services on June 30, 1949, by the Federal Property and Administrative Services Act of 1949; 1
(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479,
(3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or
(4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I 1 of the Federal Property and Administrative Services Act of 1949.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 112 | 40:473. | June 30, 1949, ch. 288, title VI, §601, formerly title V, §501, |
Editorial Notes
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288,
The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479,
1 See References in Text note below.
§113. Limitations
(a)
(b)
(c)
(d)
(e)
(1) the President under the Philippine Property Act of 1946 (
(2) an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(3) an executive agency named in
(4) the Secretary of Defense with respect to property required for or located in occupied territories;
(5) the Secretary of Defense with respect to the administration of
(6) the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force with respect to the administration of the Strategic and Critical Materials Stock Piling Act (
(7) the Secretary of State under the Foreign Service Buildings Act, 1926 (
(8) the Secretary of Agriculture under—
(A) the Richard B. Russell National School Lunch Act (
(B) the Farmers Home Administration Act of 1946 (ch. 964,
(C) section 32 of the Act of August 24, 1935 (
(D) section 201 of the Agricultural Adjustment Act of 1938 (
(E) section 203(j) of the Agricultural Marketing Act of 1946 (
(9) an official or entity under the Farm Credit Act of 1971 (
(10) the Secretary of Housing and Urban Development or the Federal Deposit Insurance Corporation (or an officer of the Corporation) with respect to the disposal of—
(A) residential property; or
(B) other property—
(i) acquired or held as part of, or in connection with, residential property; or
(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (
(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers practicable, consistent with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any other law;
(18) the Secretary of the Interior with respect to procurement for program operations under the Bonneville Project Act of 1937 (
(19) the Secretary of State with respect to the furnishing of facilities in foreign countries and reception centers within the United States; or
(20) the Office of the Director of National Intelligence.
(
In subsection (a), the word "paramount" is omitted as included in "not subject to any inconsistent provision".
In subsection (c), the words "
In subsection (e), the text of 40:474(d)(8) is omitted because 50 App.:1171(b) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041,
In subsection (e)(2), the words "any phase (including, but not limited to, procurement, storage, transportation, processing, and disposal) of" and "the fulfillment of" are omitted as unnecessary.
In subsection (e)(3), the words "
In subsection (e)(4), the words "Secretary of Defense" are substituted for "National Military Establishment" in section 602(d)(4) of the Federal Property and Administrative Services Act of 1949, because of section 12(a), (g) of the National Security Act Amendments of 1949 (ch. 412,
In subsection (e)(5), the words "
In subsection (e)(6), the words "the Munitions Board" are omitted because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff. June 30, 1953,
In subsection (e)(8), the words "or the Department of Agriculture" are omitted as unnecessary because of section 1 of Reorganization Plan No. 2 of 1953 (eff. June 30, 1953,
In subsection (e)(9), the words "an official or entity under the Farm Credit Act of 1971 (
In subsection (e)(10), the words "Secretary of Housing and Urban Development" are substituted for "Department of Housing and Urban Development" because of 42:3532. The words "Federal Deposit Insurance Corporation" are substituted for "Resolution Trust Corporation" because under 12:1441a(m)(1), the Resolution Trust Corporation terminated on December 31, 1995, and was succeeded by the Federal Deposit Insurance Corporation.
In subsection (e)(11), the words "property acquired in connection with" are substituted for "any property acquired or to be acquired for or in connection with" to eliminate unnecessary words.
In subsection (e)(12), the words "the Secretary of Energy with respect to atomic energy" are substituted for "the Atomic Energy Commission" because the Atomic Energy Commission was abolished and its functions were transferred to the Administrator of the Energy Research and Development Administration by section 104 of the Energy Reorganization Act of 1974 (42:5814), and the Energy Research and Development Administration was subsequently terminated and its functions transferred to the Secretary of Energy by sections 301(a) and 703 of the Department of Energy Organization Act (42:7151(a), 42:7293).
In subsection (e)(13), the words "Secretary of Transportation" are substituted for "Administrator of the Federal Aviation Agency" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of sections 3(e) and 6(c)(1) of the Department of Transportation Act (
In subsection (e)(17), the words "title 44 or any other law" are substituted for "the Act entitled 'An Act providing for the public printing and binding and the distribution of public documents' approved January 12, 1895 (
In subsection (e)(19), the words "Secretary of State" are substituted for "Director of the International Communication Agency" [subsequently changed to "Director of the United States Information Agency" because of section 303(b) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (
Editorial Notes
References in Text
The Philippine Property Act of 1946, referred to in subsec. (e)(1), is act July 3, 1946, ch. 536,
The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (e)(6), is act June 7, 1939, ch. 190, as revised generally by
The Foreign Service Buildings Act, 1926, referred to in subsec. (e)(7), is act May 7, 1926, ch. 250,
The Richard B. Russell National School Lunch Act, referred to in subsec. (e)(8)(A), is act June 4, 1946, ch. 281,
The Farmers Home Administration Act of 1946, referred to in subsec. (e)(8)(B), is act Aug. 14, 1946, ch. 964,
The Farm Credit Act of 1971, referred to in subsec. (e)(9), is
The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is act June 27, 1934, ch. 847,
The Federal Deposit Insurance Act, referred to in subsec. (e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, §2,
The Bonneville Project Act of 1937, referred to in subsec. (e)(18), is act Aug. 20, 1937, ch. 720,
Amendments
2021—Subsec. (e)(3).
Subsec. (e)(5).
2011—Subsec. (b).
2004—Subsec. (e)(20).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
1 So in original. Probably should not be capitalized.
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
§121. Administrative
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(1)
(2)
(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 component 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)
(e)
(1)
(A) The Administrator may direct the Administration 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 Administration to another.
(D) The Administrator may direct an executive 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 executive 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)
(A)
(B)
(f)
(g)
(h)
(
| 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, |
| 121(c)(1) | 40:751(f). | June 30, 1949, ch. 288, title I, §101(f), as added |
| 121(c)(2) | 40:486(c). | |
| 121(d)(1), (2) | 40:486(d). | |
| 121(d)(3) | 40:486a. | |
| 121(e)(1) | 40:486(e). | |
| 40:754 (1st sentence). | June 30, 1949, ch. 288, title I, §106, |
|
| 121(e)(2)(A) | 40:754 (last sentence). | |
| 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" because 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 function from one component of the Administration to another" are substituted for "from time to time, to regroup, transfer, and distribute any such functions within 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 substituted for 40:486(f) to use more consistent terminology and to clarify the requirements and applicability of each provision. The words "Director of the Office 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 redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (
In subsection (f), the words "expenses under" are substituted for "subsistence, as authorized by" for consistency in the revised title. The words "
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, 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
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 Federal Property and Administrative Services Act of 1949, as amended (
1–1. Space Acquisition
1–101. Federal facilities and Federal use of space in urban areas shall serve to strengthen the Nation's cities and to make them attractive places to live and work. Such Federal space shall conserve existing urban resources and encourage the development and redevelopment of cities.
1–102. Procedures for meeting space needs in urban areas shall give serious consideration to the impact a site selection will have on improving the social, economic, environmental, and cultural conditions of the communities in the urban area.
1–103. Except where such selection is otherwise prohibited, the process for meeting Federal space needs in urban areas shall give first consideration to a centralized community business area and adjacent areas of similar character, including other specific areas which may be recommended by local officials.
1–104. The process of meeting Federal space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following criteria:
(a) Compatability [sic] of the site with State, regional, or local development, redevelopment, or conservation objectives.
(b) Conformity with the activities and programs of other Federal agencies.
(c) Impact on economic development and employment opportunities in the urban area, including the utilization of human, natural, cultural, and community resources.
(d) Availability of adequate low and moderate income housing for Federal employees and their families on a nondiscriminatory basis.
(e) Availability of adequate public transportation and parking and accessibility to the public.
1–105. Procedures for meeting space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following alternatives:
(a) Availability of existing Federally controlled facilities.
(b) Utilization of buildings of historic, architectural, or cultural significance within the meaning of section 105 of the Public Buildings Cooperative Use Act of 1976 (
(c) Acquisition or utilization of existing privately owned facilities.
(d) Construction of new facilities.
(e) Opportunities for locating cultural, educational, recreational, or commercial activities within the proposed facility.
1–106. Site selection and space assignments shall take into account the management needs for consolidation of agencies or activities in common or adjacent space in order to improve administration and management and effect economies.
1–2. Administrator of General Services
1–201. The Administrator of General Services shall develop programs to implement the policies of this Order through the efficient acquisition and utilization of Federally owned and leased space. In particular, the Administrator shall:
(a) Select, acquire, and manage Federal space in a manner which will foster the policies and programs of the Federal government and improve the management and administration of government activities.
(b) Issue regulations, standards, and criteria for the selection, acquisition, and management of Federally owned and leased space.
(c) Periodically undertake surveys of space requirements and space utilization in the executive agencies.
(d) Ensure, in cooperation with the heads of Executive agencies, that their essential space requirements are met in a manner that is economically feasible and prudent.
(e) Make maximum use of existing Federally controlled facilities which, in his judgment, are adequate or economically adaptable to meeting the space needs of executive agencies.
(f) Annually submit long–range plans and programs for the acquisition, modernization, and use of space for approval by the President.
1–202. The Administrator is authorized to request from any Executive agency such information and assistance deemed necessary to carry out his functions under this Order. Each agency shall, to the extent not prohibited by law, furnish such information and assistance to the Administrator.
1–203. In the process of meeting Federal space needs in urban areas and implementing the policies of this Order, the Administrator shall:
(a) Consider the efficient performance of the missions and programs of the agencies, the nature and function of the facilities involved, the convenience of the public served, and the maintenance and improvement of safe and healthful working conditions for employees.
(b) Coordinate proposed programs and plans for facilities and space with the Director of the Office of Management and Budget.
(c) Consult with appropriate Federal, State, regional, and local government officials and consider their recommendations for and objections to a proposed selection site or space acquisition.
(d) Coordinate proposed programs and plans for facilities and space in a manner designed to implement the purposes of this Order.
(e) Prior to making a final determination concerning the location of Federal facilities, notify the concerned Executive agency of an intended course of action and take into account any additional information provided.
1–204. In ascertaining the social, economic, environmental and other impacts which site selection would have on a community, the Administrator shall, when appropriate, obtain the advice of interested agencies.
1–3. General Provisions
1–301. The heads of Executive agencies shall cooperate with the Administrator in implementing the policies of this Order and shall economize on their use of space. They shall ensure that the Administrator is given early notice of new or changing missions or organizational realignments which affect space requirements.
1–302. Executive agencies which acquire or utilize Federally owned or leased space under authority other than the Federal Property and Administrative Services Act of 1949, as amended [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.
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 revoked by Ex. Ord. No. 13327, §8, Feb. 4, 2004, 69 F.R. 5897, set out below.
Ex. Ord. No. 12954. Ensuring the Economical and Efficient 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 Government's economy, efficiency, and cost of operations are adversely affected. In order to operate as effectively as possible, by receiving timely goods and quality services, the Federal Government must assist the entities with which it has contractual relations to develop stable 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 replacement 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 efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including
(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 replaced.
(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 permanently replaced lawfully striking employees.
(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 department shall report to the Secretary those contracts that have been terminated for convenience under this section.
(b) The scope of the debarment normally will be limited to those organizational units of a Federal contractor that the Secretary finds to have permanently replaced lawfully striking workers.
(c) The period of the debarment may not extend beyond the date when the labor dispute precipitating the permanent replacement of lawfully striking workers has been resolved, as determined by the Secretary.
(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 Committee, 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 amended 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
(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.
(b) The Senior Real Property Officer shall develop and implement an agency asset management planning process that meets the form, content, and other requirements established by the Federal Real Property Council established in section 4 of this order. The initial agency asset management plan will be submitted to the Office of Management and Budget on a date determined 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 deadlines, consistent with and supportive of the agency's asset management plan and measure progress against such goals;
(vi) incorporate planning and management requirements for historic property under Executive Order 13287 of March 3, 2003 [
(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 responsible, on an ongoing basis, for monitoring the real property 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
(ii) consistent with the real property asset management principles developed by the Federal Real Property 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 annual basis, provide to the Director of the Office of Management 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 Administrator of General Services may request for inclusion in the Government-wide listing of all Federal real property assets and leased property.
(e) The designation of the Senior Real Property Officer shall be made by agencies within 30 days after the date of this order.
(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 General Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. Such performance measures 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. Specifically, 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 property 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 ownership 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 performance measures shall be designed to enable the heads of executive branch agencies to track progress in the achievement of Government-wide property management objectives, as well as allow for comparing the performance of executive branch agencies against industry and other public sector agencies.
(c) The Council shall serve as a clearinghouse for executive agencies for best practices in evaluating actual progress in the implementation of real property enhancements. The Council shall also work in conjunction 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.
(b) The Administrator of General Services shall publish common performance measures and standards adopted by the Council.
(c) The Administrator of General Services, in consultation with the Federal Real Property Council, shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all executive branch agencies, except when otherwise required for reasons of national security. The Administrator shall collect from each executive branch agency such descriptive information, except for classified information, as the Administrator considers will best describe the nature, use, and extent of the real property holdings of the Federal Government.
(d) The Administrator of General Services, in consultation 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.
(b) The Office of Management and Budget and the General Services Administration shall, in consultation with the landholding agencies, develop legislative initiatives that seek to improve Federal real property management through the adoption of appropriate industry management techniques and the establishment of managerial accountability for implementing effective 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 budget, administrative, or legislative proposals.
(d) Nothing in this order shall be construed to affect real property for the use of the President, Vice President, or, for protective purposes, the United States Secret Service.
[Section 3(b)(vi) of Ex. Ord. No. 13327 was amended by Ex. Ord. No. 13423 by substituting "other executive orders" 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—Increasing 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 Departments 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 property owner and energy user in the United States, has managed more real estate than necessary to effectively support its programs and missions. Both taxpayer dollars 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 footprint by capitalizing on innovative technologies to increase efficiencies. However, during that same period, the Federal Government experienced a substantial increase in the number of data centers, leading to increased energy consumption, real property expenditures, and operations and maintenance costs. Past attempts at reducing the Federal Government's civilian real property assets produced small savings and had a minor impact on the condition and performance of mission-critical properties. These efforts were not sufficiently comprehensive in disposing of excess real estate and did not emphasize making more efficient use of existing 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 occupancy rates, annual operating cost, energy efficiency, and sustainability. To the extent permitted by law, agency actions shall include accelerating cycle times for identifying excess assets and disposing of surplus 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 laboratories); increasing occupancy rates in current facilities through innovative approaches to space management and alternative workplace arrangements, such as telework; and identifying offsetting reductions in inventory 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 pursuant to [former] Executive Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance), and the Federal Data Center Consolidation Initiative, which was announced by the Office of Management and Budget (OMB) in February 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 proceeds 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 Defense'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 direct 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 significantly 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 Council established pursuant to Executive Order 13327 of February 4, 2004 (Federal Real Property Asset Management), 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 billion in cost savings and shall be developed in consultation with the agencies. The Administrator of General Services, in consultation with the Director of the OMB, shall coordinate agency efforts to satisfy the requirements 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 procedural, 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 directed to publish this memorandum in the Federal Register.
Barack Obama.
Ex. Ord. No. 14111. Interagency Security Committee
Ex. Ord. No. 14111, Nov. 27, 2023, 88 F.R. 83809, provided:
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 effectiveness of security in and protection of buildings and facilities in the United States occupied by Federal employees or Federal contractor workers for nonmilitary activities, and to provide an ongoing entity to address continuing Government-wide security for Federal facilities, it is hereby ordered as follows:
(a) the Secretary of Homeland Security (Secretary);
(b) representatives from the following executive departments 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 Development;
(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 Intelligence; and
(xviii) the General Services Administration;
(c) the following officials or their designees:
(i) the Director of the United States Marshals Service;
(ii) the Director of the Federal Protective Service;
(iii) the Director of the Central Intelligence Agency;
(iv) the Director of the Office of Personnel Management; and
(v) the Director of the Federal Bureau of Investigation; and
(d) such other Federal officials as the President may from time to time designate.
(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 implementation 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 protection of Federal facilities, including:
(i) encouraging agencies with security responsibilities 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 security in Federal facilities;
(iii) developing long-term construction standards for those locations with threat levels or missions that require blast-resistant structures or other specialized security requirements;
(iv) evaluating standards for the location of, and special security related to, child care centers in Federal facilities;
(v) assisting the Secretary in developing and maintaining 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 National Security Affairs a summary report describing the results of compliance under subsection 6(c) of this order.
(b) Each agency shall cooperate and comply with the requirements of this order and the policies and standards of the Committee issued pursuant to this order, except in situations in which the Director of National Intelligence, or other United States Intelligence Community official within the Office of the Director of National Intelligence designated by the Director of National Intelligence, determines that compliance would jeopardize intelligence sources and methods. To the extent 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 applicable, in the performance of the official's duties.
(c) The Secretary shall monitor agency compliance with the policies and standards of the Committee. Monitoring compliance shall consist, at a minimum, of the following:
(i) maintaining compliance benchmarks to measure compliance progress;
(ii) requiring periodic compliance reporting by all relevant agencies; and
(iii) conducting risk-based compliance verification.
(d) In situations in which a Federal facility is occupied by multiple agencies for both military and nonmilitary activities, and each such occupancy is substantial, those occupants shall coordinate on the security of the facility.
(a) "Agency" means an executive agency, as defined in
(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 nonmilitary activities. The term "Federal facility" also means any building or structure acquired by a contractor through ownership or leasehold interest, in whole or in part, solely for the purpose of executing a nonmilitary Federal mission or function under the direction of an agency. The term "Federal facility" does not include public domain land, including improvements thereon; withdrawn lands; or buildings or facilities outside of the United States.
(c) "Federal employee" means an employee, as defined in
(d) "Federal contractor worker" means any individual who performs work for or on behalf of any agency under a contract, subcontract, or contract-like instrument and who, in order to perform the work specified under the contract, subcontract, or contract-like instrument, requires access to space, information, information technology systems, staff, or other assets of the Federal Government in buildings and facilities of the United States. Such contracts include the following:
(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 committee that is established in accordance with an Interagency Security Committee standard, and that is responsible for addressing facility-specific security issues and approving the implementation of security measures and practices in multi-tenant facilities.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, 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.
J.R. Biden, Jr.
§122. Prohibition on sex discrimination
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 122 | 40:476. | June 30, 1949, ch. 288, title VI, §606, as added |
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (b), is
§123. Civil remedies for fraud
(a)
(1) shall pay to the Government an amount equal to the sum of—
(A) $2,000 for each act;
(B) two times the amount of damages sustained by the Government because of each act; and
(C) the cost of suit;
(2) if the Government elects, shall pay to the Government, as liquidated damages, an amount equal to two times the consideration that the Government agreed to give to the person, or that the person agreed to give to the Government; or
(3) if the Government elects, shall restore to the Government the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property, or other consideration given to the Government.
(b)
(c)
(d)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 123(a) | 40:489(b). | June 30, 1949, ch. 288, title II, §209, |
| 123(b) | 40:489(d). | |
| 123(c) | 40:489(a). | |
| 123(d) | 40:489(c). |
In subsection (a), before clause (1), the words "under this subtitle" are substituted for "hereunder" because "hereunder" probably means under the Federal Property and Administrative Services Act of 1949 which is restated in subtitle I of the revised title (except as noted in section 111 of the revised title and the accompanying revision note). The words "or engage in", "or engaged in", "securing or", and "secure or" are omitted as unnecessary. The word "money" is substituted for "payment" for consistency in the section.
In subsection (a)(1)(B), the words "because of each act" are substituted for "by reason thereof" for clarity.
In subsection (a)(2), the words "or any Federal agency" and "or any Federal agency, as the case may be" are omitted as unnecessary.
In subsection (a)(3), the words "fraudulently obtained" are substituted for "thus secured and obtained" for clarity and to eliminate unnecessary words.
In subsection (d)(1), the word "several" is omitted as unnecessary. The words "the District Court of the United States for the District of Columbia" in section 209(c) of the Federal Property and Administrative Services Act of 1949 are omitted as included in "a district court of the United States" because of
Subsection (d)(2) is substituted for "[D]istrict courts . . . within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
In subsection (d)(3), the words "A defendant that does not reside and may not be found in the court's judicial district" are substituted for "and such person or persons as are not inhabitants of or found within the district in which suit is brought" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
§124. Agency use of amounts for property management
Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 124 | 40:475(b). | June 30, 1949, ch. 288, title VI, §603(b), formerly §503(b), |
The words "heretofore or hereafter" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 603(b) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (
§125. Library memberships
Amounts appropriated may be used, when authorized by the Administrator of General Services, for payment in advance for library memberships in societies whose publications are available to members only, or to members at a lower price than that charged to the general public.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 125 | 40:475(a). | June 30, 1949, ch. 288, title VI, §603(a), formerly §503(a), |
The words "such sums as may be necessary to carry out the provisions of this Act" are omitted as unnecessary.
§126. Reports to Congress
The Administrator of General Services, at times the Administrator considers desirable, shall submit a report to Congress on the administration of this subtitle. The report shall include any recommendation for amendment of this subtitle that the Administrator considers appropriate and shall identify any law that is obsolete because of the enactment or operation of this subtitle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 126 | 40:492. | June 30, 1949, ch. 288, title II, §212, formerly §210, |
The words "in January of each year and" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (