40 U.S.C. § 582: Management of buildings by…

Summary

The Administrator of General Services can operate, care for, and protect a federal building if a federal agency, a mixed-ownership government corporation, or the District of Columbia asks. A mixed-ownership government corporation is a company partly owned by the federal government. If the Director of the Office of Management and Budget (OMB) decides it would save money or make things work better, the Director must move responsibility for running, maintaining, and guarding office buildings to the GSA. That can include government-owned buildings, buildings owned by fully government-owned corporations, and leased office space. Transfers cannot be made for most post offices unless the building is not mainly used for postal work, and post-office duties the GSA gets can only be passed to another GSA staff member or the Postmaster General. Transfers also do not apply to buildings in foreign countries, buildings on Department of Defense grounds unless the Secretary of Defense allows it, groups of special-purpose buildings used mainly by one agency and not suitable for others, or the Treasury Building, the Bureau of Engraving and Printing buildings, National Institute of Standards and Technology buildings, and Smithsonian buildings.

Title 40, §582

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(a)Request by Federal Agency or Instrumentality.—

At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may operate, maintain, and protect a building that is owned by the Federal Government (or, in the case of a wholly owned or mixed-ownership Government corporation, by the corporation) and occupied by the agency or instrumentality making the request.

(b)Transfer of Functions by Director of the Office of Management and Budget.—

(1)In general.—

When the Director of the Office of Management and Budget determines that it is in the interest of economy or efficiency, the Director shall transfer to the Administrator all functions vested in a federal agency with respect to the operation, maintenance, and custody of an office building owned by the Government or a wholly owned Government corporation, or an office building, or part of an office building, that is occupied by a federal agency under a lease.

(2)Exception for post-office buildings.—

A transfer of functions shall not be made under this subsection for a post-office building, unless the Director determines that the building is not used predominantly for post-office purposes. The Administrator may delegate functions with respect to a post-office building that are transferred to the Administrator under this subsection only to another officer or employee of the General Services Administration or to the Postmaster General.

(3)Exception for buildings in a foreign country.—

A transfer of functions shall not be made under this subsection for a building located in a foreign country.

(4)Exception for department of defense buildings.—

A transfer of functions shall not be made under this subsection for a building located on the grounds of a facility of the Department of Defense (including a fort, camp, post, arsenal, navy yard, naval training station, airfield, proving ground, military supply depot, or school) unless and only to the extent that the Secretary of Defense has issued a permit for use by another agency.

(5)Exception for groups of special purpose buildings.—

A transfer of functions shall not be made under this subsection for a building that the Director finds to be a part of a group of buildings that are—

(A)located in the same vicinity;

(B)used wholly or predominantly for the special purposes of the agency with custody of the buildings; and

(C)not generally suitable for use by another agency.

(6)Exception for certain government buildings.—

A transfer of functions shall not be made under this subsection for the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Institute of Standards and Technology, and the buildings under the jurisdiction of the regents of the Smithsonian Institution.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 582(a)40:490(b).June 30, 1949, ch. 288, title II, § 210(b), (d), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 581, 582; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433. 582(b)40:490(d). In subsection (a), the words “mixed-ownership Government corporation” are substituted for “mixed-ownership corporation” for consistency in the subsection and with chapter 91 of title 31. The words “chapter 91 of title 31” are substituted for “the Government Corporation Control Act” in section 210(b) of the Federal Property and Administrative Services Act of 1949, because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. In subsection (b), the words “Director of the Office of Management and Budget” are substituted for “Director of the Bureau of the Budget” in section 210(i) 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 (eff. July 1, 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.

§582 Management of Buildings by Administrator of General Services

Summary

Title 40, §582

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata