US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 40USC121]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
        SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
 
                           CHAPTER 1--GENERAL
 
               SUBCHAPTER III--ADMINISTRATIVE AND GENERAL
 
Sec. 121. Administrative

    (a) Policies Prescribed by the President.--The President may 
prescribe policies and directives 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 
    principles and standards of accounting for property.
        (2) Property accounting systems.--The Comptroller General shall 
    cooperate with the Administrator of General Services and with 
    executive agencies in the development of property accounting systems 
    and approve the systems when they are adequate and in conformity 
    with prescribed principles and standards.
        (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 
    Comptroller General shall report to Congress any failure to comply 
    with the principles and standards or to adequately account for 
    property.

    (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 Administrator.--
        (1) In general.--Except as provided in paragraph (2), the 
    Administrator may delegate authority conferred on the Administrator 
    by this subtitle to an official in the General Services 
    Administration or to the head of another federal 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 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) Retention and use of rental payments.--A department or 
    agency to which the Administrator has delegated authority to 
    operate, 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 department or agency shall directly 
    expend the retained 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 Administrator.--
        (1) In general.--The Administrator may provide for the 
    performance of a function assigned under this subtitle by any of the 
    following methods:
            (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) Transfer of resources.--
            (A) Within administration.--If the Administrator transfers a 
        function from one component 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 directed 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 Administrator transfers a 
        function from one executive agency to another (including a 
        transfer to or from the Administration), the Administrator may 
        also provide for the transfer of appropriate personnel, records, 
        property, and allocated amounts from the executive agency 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 investigative duties, an 
officer or employee of the Administration, if authorized by the 
Administrator, 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, Sec.
                                                                          205, 63 Stat. 389; Sept. 5, 1950, ch.
                                                                          849, Sec.  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, Sec.
                                                                          101(f), as added Pub. L. 99-500, Sec.
                                                                          101(m) [title VIII, Sec.  832], Oct.
                                                                          18, 1986, 100 Stat. 1783-345; Pub. L.
                                                                          99-591, Sec.  101(m) [title VIII, Sec.
                                                                           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, Sec.
                                                                          101(f) [title VI, Sec.  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, Sec.
                                                                          106, 63 Stat. 381.
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 (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 substituted for 
``subsistence, as authorized by'' for consistency in the revised title. 
The words ``section 5703 of title 5'' are substituted for ``section 5 of 
the Act of August 2, 1946 (5 U.S.C. 73b-2)'' in section 205(g) of the 
Federal 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.


                   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 section 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.

              Ex. Ord. No. 12072. Federal Space Management

    Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, 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 (40 U.S.C. 486(a)) [now 40 U.S.C. 
121(a)], and in order to prescribe appropriate policies and directives, 
not inconsistent with that Act [now chapters 1 to 11 of this title and 
title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)] and other 
applicable provisions of law, for the planning, acquisition, 
utilization, and management of Federal space facilities, it is hereby 
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 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 (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 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 title III of the Act of June 30, 1949 (41 U.S.C. 251 et 
seq.)], 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.
                                                           Jimmy Carter.

          Ex. Ord. No. 12512. Federal Real Property Management

    Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including section 486(a) of title 
40 of the United States Code [now 40 U.S.C. 121(a)], and in order to 
ensure that Federal real property resources are treated in accordance 
with their value as national assets and in the best interests of the 
Nation's taxpayers, it is hereby ordered as follows:
    Section 1. General Requirements. To ensure the effective and 
economical use of America's real property and public land assets, 
establish a focal point for the enunciation of clear and consistent 
Federal policies regarding the acquisition, management, and disposal of 
properties, and assure management accountability for implementing 
Federal real property management reforms, all Executive departments and 
agencies shall take immediate action to recognize the importance of such 
resources through increased management attention, establishment of clear 
goals and objectives, improved policies and levels of accountability, 
and other appropriate actions. Specifically:
    (a) The Domestic Policy Council shall serve as the forum for 
approving government-wide real property management policies;
    (b) All Executive departments and agencies shall establish internal 
policies and systems of accountability that ensure effective use of real 
property in support of mission-related activities, consistent with 
Federal policies regarding the acquisition, management, and disposal of 
such assets. All such agencies shall periodically review their real 
property holdings and conduct surveys of such property in accordance 
with standards and procedures determined by the Administrator of General 
Services. All such agencies shall also develop annual real property 
management improvement plans that include clear and concise goals and 
objectives related to all aspects of real property management, and 
identify sales, work space management, productivity, and excess property 
targets;
    (c) The Director of the Office of Management and Budget shall 
review, through the management and budget review processes, the efforts 
of departments and agencies toward achieving the government-wide 
property management policies established pursuant to this Order. Savings 
achieved as a result of improved management shall be applied to reduce 
Federal spending and to support program delivery;
    (d) The Office of Management and Budget and the General Services 
Administration shall, in consultation with the land managing agencies, 
develop legislative initiatives that seek to improve Federal real 
property management through the adoption of appropriate private sector 
management techniques; the elimination of duplication of effort among 
agencies; and the establishment of managerial accountability for 
implementing effective and efficient real property management practices; 
and
    (e) The President's Council on Management Improvement, subject to 
the policy direction of the Domestic Policy Council, shall conduct such 
additional studies as are necessary to improve Federal real property 
management by appropriate agencies and groups.
    Sec. 2. Real Property. The Administrator of General Services shall, 
to the extent permitted by law, provide government-wide policy oversight 
and guidance for Federal real property management; manage selected 
properties for agencies; conduct surveys; delegate operational 
responsibility to agencies where feasible and economical; and provide 
leadership in the development and maintenance of needed property 
management information systems.
    Sec. 3. Public Lands. In order to ensure that Federally owned lands, 
other than the real property covered by Section 2 of this Order, are 
managed in the most effective and economic manner, the Departments of 
Agriculture and the Interior shall take such steps as are appropriate to 
improve their management of public lands and National Forest System 
lands and shall develop appropriate legislative proposals necessary to 
facilitate that result.
    Sec. 4. Executive Order No. 12348 of February 25, 1982, is hereby 
revoked.
                                                          Ronald Reagan.

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 40 U.S.C. 486(a) [now 40 
U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby ordered as follows:
    Section 1. It is the policy of the executive branch in procuring 
goods and services that, to ensure the economical and efficient 
administration and completion of Federal Government contracts, 
contracting agencies shall not contract with employers that permanently 
replace 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 contractor to determine whether the 
unit has permanently replaced lawfully striking workers. Such 
investigation shall be conducted in accordance with procedures 
established 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 
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.
    Sec. 3. (a) When the Secretary determines that a contractor has 
permanently replaced lawfully striking employees, 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 
department shall report to the Secretary those contracts that have been 
terminated for convenience under this section.
    Sec. 4. (a) When the Secretary determines that a contractor has 
permanently replaced lawfully striking employees, the Secretary may 
debar the contractor, thereby making the contractor ineligible to 
receive government contracts. The Secretary shall notify the 
Administrator of the General Services Administration of the debarment, 
and the Administrator shall include the contractor on the consolidated 
list of debarred contractors. 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 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.
    Sec. 5. The Secretary shall publish or cause to be published, in the 
Federal Register, the names of contractors 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 administration 
and enforcement of this order. The Secretary, after consultation with 
the Secretary of Defense, 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 information 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 action 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 employees. This order is not intended, however, to preclude judicial 
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 
agencies. This order shall apply only to contracts in excess of the 
Simplified Acquisition Threshold.
    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.

           Ex. Ord. No. 12977. Interagency Security Committee

    Ex. Ord. No. 12977, Oct. 19, 1995, 60 F.R. 54411, as amended by Ex. 
Ord. No. 13286, Sec. 23, Feb. 28, 2003, 68 F.R. 10624, 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 for 
nonmilitary activities (``Federal facilities''), and to provide a 
permanent body to address continuing government-wide security for 
Federal facilities, it is hereby ordered as follows:
    Section 1. Establishment. There is hereby established within the 
executive branch the Interagency Security Committee (``Committee''). The 
Committee shall consist of: (a) the Secretary of Homeland Security 
(``Secretary'');
    (b) representatives from the following agencies, appointed by the 
agency heads:
    (1) Department of State;
    (2) Department of the Treasury;
    (3) Department of Defense;
    (4) Department of Justice;
    (5) Department of the Interior;
    (6) Department of Agriculture;
    (7) Department of Commerce;
    (8) Department of Labor;
    (9) Department of Health and Human Services;
    (10) Department of Housing and Urban Development;
    (11) Department of Transportation;
    (12) Department of Energy;
    (13) Department of Education;
    (14) Department of Veterans Affairs;
    (15) Environmental Protection Agency;
    (16) Central Intelligence Agency;
    (17) Office of Management and Budget; and
    (18) General Services Administration;
    (c) the following individuals or their designees:
    (1) the Director, United States Marshals Service;
    (2) the Assistant to the President for National Security Affairs; 
and
    (3) the Director, Security Policy Board; and
    (d) such other Federal employees as the President shall appoint.
    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 other parties, 
including the Administrative Office of the United States Courts, to 
perform its responsibilities under this order, and, at the discretion of 
the Committee, such other parties may participate in the working groups.
    Sec. 5. Duties and Responsibilities. (a) The Committee shall: (1) 
establish policies for security in and protection of Federal facilities;
    (2) develop and evaluate security standards for Federal facilities, 
develop a strategy for ensuring compliance with such standards, and 
oversee the implementation of appropriate security measures in Federal 
facilities; and
    (3) take such actions as may be necessary to enhance the quality and 
effectiveness of security and protection of Federal facilities, 
including but not limited to:
    (A) encouraging agencies with security responsibilities to share 
security-related intelligence in a timely and cooperative manner;
    (B) assessing technology and information systems as a means of 
providing cost-effective improvements to security in Federal facilities;
    (C) developing long-term construction standards for those locations 
with threat levels or missions that require blast resistant structures 
or other specialized security requirements;
    (D) evaluating standards for the location of, and special security 
related to, day care centers in Federal facilities; and
    (E) assisting the Secretary in developing and maintaining a 
centralized security data base of all Federal facilities.
    Sec. 6. Agency Support and Cooperation. (a) Administrative Support. 
To the extent permitted by law and subject to the availability of 
appropriations, the Secretary, acting by and through the Assistant 
Commissioner, shall provide the Committee such administrative services, 
funds, facilities, staff and other support services as may be necessary 
for the performance of its functions under this order.
    (b) Cooperation. Each executive agency and department shall 
cooperate and comply with the policies and recommendations of the 
Committee issued pursuant to this order, except where the Director of 
Central Intelligence determines that compliance would jeopardize 
intelligence sources and methods. To the extent permitted by law and 
subject to the availability of appropriations, executive agencies and 
departments shall provide such support as may be necessary to enable the 
Committee to perform its duties and responsibilities under this order.
    (c) Compliance. The Secretary shall be responsible for monitoring 
Federal agency compliance with the policies and recommendations of the 
Committee.
    Sec. 7. Judicial Review. This order is intended only to improve the 
internal management of the Federal Government, and 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 employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 111, 113, 124, 584 of this 
title; title 6 section 232; title 10 sections 2381, 2572, 4681, 4682, 
4684, 7541, 7541a, 7542, 7545, 9681, 9682, 9684, 9686; title 31 section 
3511; title 41 sections 257, 421; title 49 section 40110.