SUPERVISION OF PUBLIC BUILDINGS AND GROUNDS IN DISTRICT OF COLUMBIA NOT OTHERWISE PROVIDED FOR BY LAW

Act of Apr. 28, 1902, R.S. § 1797, 32 Stat. 152, 40 U.S.C. 19

The Administrator of General Services shall have charge of the public buildings and grounds in the District of Columbia, under such regulations as may be prescribed by the President, except those buildings and grounds which are otherwise provided for by law; and when it shall be made to appear to the said Administrator of General Services, or to the officer under his direction having immediate charge of said public buildings and grounds, that any person or persons is in unlawful occupation of any portion of said public lands in the District of Columbia, it shall be the duty of said officer in charge thereof to notify the marshal of the District of Columbia in writing of such unlawful occupation, and the said marshal shall thereupon cause the said trespasser or trespassers to be ejected from said lands, and shall restore possession of the same to the officer charged by law with the custody thereof.

NOTE: Section 10 of the Act of March 1, 1919, 40 Stat. 1269, as amended (40 U.S.C. 1), has been repealed (Sec. 8, P.L. 89-554, Sept. 6, 1966, 80 Stat. 632, 644), but is set out below for informational purposes:

SEC. 10. *** The Administrator of General Services shall have the absolute control of and the allotment of all space in the several public buildings owned or buildings leased by the United States in the District of Columbia, with the exception of the Executive Mansion and office of the President, Capitol Building, the Senate and House Office Buildings, the Capitol power plant, the buildings under the jurisdiction of the Regents of the Smithsonian Institution, and the Congressional Library Building, and shall from time to time assign and allot, for the use of the several activities of the Government, all such space.

PUBLIC BUILDINGS ACT OF 1949

Act of June 16, 1949, Pub. L. 81-105, 63 Stat. 199, as amended, 40 U.S.C. 298a, 298b, 298d.

*

40 U.S.C. 298a

40 U.S.C. 298b

SEC. 404. The Federal Works Administrator,* together with the Postmaster General where his office is concerned, is authorized to accept on behalf of the United States unconditional gifts of real, personal, or other property in aid of any project or function within their respective jurisdictions.

SEC. 405. The provisions of section 601 of the Economy Act, approved June 30, 1932, as amended, are hereby extended to authorize the Public Buildings Administration* to furnish services in the continental

United States, on the basis of full reimbursement, at the request of the State Department, to any international body with which the United States Government is affiliated.

SEC. 410. The Administrator of General Services is 40 U.S.C. 298d authorized, notwithstanding any other provision of law, to name, rename, or otherwise designate any building under the custody and control of the General Services Administration, regardless of whether it was previously named by statute.

*The functions of the Federal Works Administrator and the Public Buildings Administration were transferred to the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949, 63 Stat. 380 (40 U.S.Č. 753).

PLANNING, ACQUISITION, AND MANAGEMENT OF FEDERAL OFFICE SPACE

Executive Order No. 11512, Feb. 27, 1970 (35 F.R. 3979; 3 CFR) By virtue of the authority vested in me by the Federal Property and Administrative Services Act of 1949, as amended [F.C.A. 40 §§ 471 and notes-475, 481, 483, 484, 485-492, 511-514, 521-524, 531 and note-535, 751-759; 41 §§ 5, 251-254, 255, 257–260; 44 § 2901 et seq.), and as President of the United States, it is hereby ordered as follows:

SECTION 1. The Administrator of General Services 40 U.S.C. 490 (hereinafter termed "the Administrator") shall initiate nt. and maintain plans and programs for the effective and efficient acquisition and utilization of federally owned and leased space located in the States of the United States or in the District of Columbia or in Puerto Rico (hereinafter termed "in the United States"), and for which the Administrator is responsible. The Administrator shall prepare and issue standards and criteria for the use of such space and shall periodically undertake surveys of space requirements and space utilization in the executive agencies and initiate actions and formulate programs to meet the essential space requirements of executive agencies. In carrying out these functions, the Administrator shall (a) coordinate proposed programs and plans for buildings and space with the Bureau of the Budget, (b) obtain from the Civil Service Commission, the Office of Emergency Preparedness, and the Department of Defense any information in the possession of those agencies which may bear upon such programs and plans, (c) coordinate proposed programs and plans for buildings and space in a manner designed to exert a positive economic and social

influence on the development or redevelopment of the areas in which such facilities will be located, (d) seek the cooperation of the heads of the executive agencies concerned with any of the foregoing, and (e) annually submit long-range plans and programs for the acquisition, modernization, and use of space for approval by the President.

SEC. 2. (a) The Administrator, and the heads of executive agencies, shall be guided by the following policies for the acquisition, assignment, reassignment, and utilization of office buildings and space in the United States:

(1) Material consideration shall be given to the efficient performance of the missions and programs of the executive agencies and the nature and function of the facilities involved, with due regard for the convenience of the public served and the maintenance and improvement of safe and healthful working conditions for employees;

(2) Consideration shall be given in the selection of sites for Federal facilities to the need for development and redevelopment of areas and the development of new communities, and the impact a selection will have on improving social and economic conditions in the area. In determining these conditions the Administrator shall consult with and receive advice from the Secretary of Housing and Urban Development, the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and others, as appropriate;

(3) Maximum use shall be made of existing Government-owned permanent buildings which are adequate or economically adaptable to the space needs of executive agencies;

(4) Suitable privately owned space shall be acquired only when satisfactory Government-owned space is not available, and only at rental charges which are consistent with prevailing rates in the community for comparable facilities;

(5) Space planning and assignments shall take into account the objective of consolidating agencies and constituent parts thereof in common or adjacent space for the purpose of improving management and administration;

(6) The availability of adequate low and moderate income housing, adequate access from other areas of the urban center, and adequacy of parking will be considered; and

(7) Proposed developments shall be, to the greatest extent practicable, consistent with State, regional, and local plans and programs; and Governors, local elected officials, and regional comprehensive planning agencies shall be consulted in the planning of such developments.

(b) The Administrator shall plan, acquire, and manage space in the United States upon his determination that such actions will serve to improve the manage

ment and administration of governmental activities and services, and will foster the programs and policies of the Federal Government. Prior to making such determinations, the Administrator shall consult with the heads of the executive agencies concerned and take into account their requirements, consistent with the criteria stated here and his other responsibilities. The Administrator shall advise the agency head in writing of his intended course of action and notify him that in the event of disagreement the affected agency head may within thirty days make a written request for review of the matter, through the Director of the Bureau of the Budget, to the President.

SEC. 3. The heads of executive agencies shall (a) cooperate with and assist the Administrator in carrying out his responsibilities respecting buildings and space, (b) take measures to give the Administrator early notice of new or changing space requirements, (c) seek to economize in their requirement for space, and (d) review continuously their needs for space in and near the District of Columbia, taking into account the feasibility of decentralizing services or activities which can be carried on elsewhere without excessive costs or significant loss of efficiency.

SEC. 4. The provisions of this order shall be subject to applicable provisions of law (including applicable provisions of any reorganization plan).

SEC. 5. Executive Order No. 11035 of July 9, 1962 [1962 Public Laws and Administrative Material, p. B116], is hereby superseded.

FEBRUARY 27, 1970

RICHARD NIXON

CONSTRUCTION SERVICES FUND

Act of June 14, 1946, Pub. L. 79-413, 60 Stat. 259, as amended. 40 U.S.C. 296

SEC. 9. In the prosecution of construction projects or planning programs assigned to the Public Buildings Administration* for which funds are provided by direct appropriation or transferred under authority contained in the Act of June 15, 1938 (40 U.S.C. 265),** an amount administratively determined as necessary for the payment of salaries and expenses of personnel engaged upon the preparation of plans and specifications, field supervision, and general office expense, may be trans

* The functions of the Public Buildings Administration were transferred to the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949, 63 Stat. 380 (40 U.S.C. 753).

** Section 35 of the Act of June 25, 1910 (36 Stat. 699), as amended, particularly by the Act of June 15, 1938, 52 Stat. 683 (40 U.S.C. 265), was repealed hv section 17(11), P.L. 86-249, Sept. 9, 1959, 73 Stat. 485.

ferred and consolidated on the books of the Treasury Department into a special account for direct expenditure in the prosecution of said work, such expenditures to be subsequently allocated and reported upon by projects in accordance with procedures prescribed by the General Accounting Office.

*

NOTE: The unexpended balances of the Construction Services Fund were merged with the Fund established pursuant to Sec. 210(f) of the Federal Property and Administrative Services Act of 1949, as amended by sec. 3 of the Public Buildings Amendment of 1972 (40 U.S.C. 490(f)). The Act of Aug. 9, 1975, Pub. L. 94-91, Title IV, 89 Stat. 452 (40 U.S.C. 490a), provides, "That moneys now or hereafter deposited into the fund established by sec. 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), and available pursuant to annual appropriation Acts, may be transferred and consolidated on the books of the Treasury Department into a special account pursuant to sec. 9 of the Act of June 14, 1946, 60 Stat. 259 (40 U.S.Č. 296), in accordance with and for the purposes specified in such section."

CONSTRUCTION TO ACCOMMODATE THE HANDICAPPED Act of Aug. 12, 1968, Pub. L. 90-480, 82 Stat. 718, as amended, 42 U.S.C. 4151-4156

42 U.S.C. 4151

42 U.S.C. 4152

*** as used in this Act, the term "building" means any building or facility (other than (A) a privately owned residential structure and (B) any building or facility on a military installation designed and constructed primarily for use by able bodied military personnel) the intended use for which either will require that such building or facility be accessible to the public, or may result in the employment or residence therein of physically handicapped persons, which building or facility is

(1) to be constructed or altered by or on behalf of the United States;

(2) to be leased in whole or in part by the United States after the date of enactment of this Act after construction or alteration in accordance with plans and specifications of the United States;

(3) to be financed in whole or in part by a grant or a loan made by the United States after the date of enactment of this Act if such building or facility is subject to standards for design, construction, or alteration issued under authority of the law authorizing such grant or loan; or

(4) to be constructed under the authority of the National Capital Transportation Act of 1960, the National Capital Transportation Act of 1965, or Title III of the Washington Metropolitan Area Transit Regulation Compact.

SEC. 2. The Administrator of General Services, in consultation with the Secretary of Health, Education,