systems and the installation and maintenance of protective equipment such as warning devices and firefighting apparatus, and shall promote training for buildings employees, and others as required. In leased space, GSA will coordinate activities with the primary Occupant agency and the lessor to ensure that a comprehensive plan is available for the occupants of the GSA-leased space.

(d) The decision to activate the Organization shall be based upon the best intelligence available, tensions in the locality, previous experience, sensitivity of target agency(ies), and the advice of local, State, and Federal law enforcement agencies. When there is an immediate danger to persons, such as fire, explosion, or the discovery of an actual explosive device (not a bomb threat), the premises shall be evacuated at once, without consultation, by sounding the fire alarm system or through other means in accordance with the Plan. During normal duty hours when there is advance information of an emergency, the designated official shall initiate action, according to the Plan, including evacuation. After normal duty hours, the senior Federal official present as a representative of the designated official shall initiate action to cope with emergencies, including evacuation, in accordance with the Plan. Immediately thereafter, he shall advise the designated official of the action taken and apprise him of current conditions. Action initiated to cope with civil defense emergencies shall be taken in accordance with established civil defense instructions and warning signals.

Subpart 101-20.6-Sidewalk Installation, Repair, and Replacement

§ 101-20.600 Scope of subpart.

This subpart contains the regulations installation, governing the repair, and replacement of sidewalks around buildings, installations, properties, or grounds under the control of executive agencies and owned by the United States within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United

States, by reimbursement to a State or political subdivision thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the territory or possession of the United States. They are issued with the approval of the Director of the Office of Management and Budget.

§ 101-20.601 Responsibilities.

Upon prior consent of the affected executive agency, the State in which the property lies may perform or arrange for the installation, repair, and replacement of sidewalks, and obtain reimbursement therefor from the affected executive agency, or, if mutually agreed upon, the executive agency affected may contract or otherwise arrange for and pay directly for such installation, repair, and replacement.

§ 101-20.602 Standards.

(a) Sidewalks shall be installed, repaired, or replaced with due consideration to the standards and specifications prescribed by the State or political subdivision thereof. However, where the executive agency determines that it is necessary, in order to achieve or retain architectural harmony with the surroundings, the executive agency may prescribe other standards and specifications.

(b) In all cases, sidewalk installations, repairs, and replacements shall conform to the American Standard Specifications for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped, Number A117.1-R 1971.

§ 101-20.603 Fund availability.

Funds appropriated to executive agencies for installation, repair, and maintenance, generally, shall be available for reimbursement for the actual or estimated cost of the sidewalk installation, repair, or replacement to a State or to make other arrangements to effect payment for the work involved.

§ 101-20.604 Tort liability.

In accordance with the provisions of Public Law 89-344, no agreement with a State for the installation, repair, or replacement of a sidewalk shall in

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crease or enlarge the tort liability of the United States for injuries to persons or damage to property.

Subpart 101-20.7-Auditoriums, Conference Rooms, Other Meeting Places, and Posting Notices or Information Bulletins

§ 101-20.700 Scope of subpart.

This subpart prescribes guidelines and rules to be followed by agencies in permitting the use, as meeting places, of auditoriums, conference rooms, and any other space within the periphery of the property lines of Governmentowned or leased buildings or portions thereof which are, pursuant to statute, reorganization plan, or Executive order, controlled for space assignment and reassignment purposes by GSA. Agencies occupying buildings which are not controlled by GSA for space assignment and reassignment purposes may elect to follow the guidelines and rules prescribed by this subpart.

§ 101-20.701 Authorized and prohibited

uses.

(a) For the purposes of this subpart, a "recognized" group or organization is a labor organization recognized under the President's Executive orders governing employee or labor management relations, or an organization that has been in existence at least 3 months which has been specifically recognized in writing by the occupant agency as an organization whose purpose is to promote the social, health, welfare, or employment interests of the agency's employees.

(b) Except as provided in paragraph (c) of this section, agencies having exclusive use of and/or exercising authority over meeting places may permit their use for:

(1) Meetings to carry out the assigned functions of Federal agencies.

(2) Meetings of recognized Federal employee groups and organizations, including retired Federal employee groups.

(3) Meetings conducted by or actively participated in by employees of the agency and approved by the head of the agency.

(4) Presentation to the public of lectures, concerts, or similar performances by a Federal agency or at which its employees participate in an official capacity, or for the presentation of such a performance by a recognized employee group.

(5) Meetings or performances not directly related to the functions of Federal agencies or activities of employee groups when authorized by the head of the Federal agency occupying the building and controlling the use of the meeting place, and when the agency head determines that such meetings or performances would not adversely affect the interests of the Government. (See § 101-20.705 concerning possible reimbursements.)

(c) Meeting places may not be used for:

(1) Meetings or performances sponsored or conducted by any organization, individual, or activity practicing or advocating discrimination based on race, creed, color, sex, or national origin.

(2) Meetings or activities having a partisan political, sectarian, or similar nature or purpose.

(3) Meetings or activities for the purpose of advocating or influencing action on legislation.

(4) Meetings or activities sponsored or conducted by or for commercial enterprises for profit-making purposes through the direct sale of articles, charging of admission fees or the making of an indirect assessment for admission, or the taking of a collection.

(d) All requests for meeting places shall be in writing addressed to the head of the occupying agency. Such requests shall state the date, time, purpose of meeting, the name and description of the applicant organization, the estimated number of persons expected to attend, the duration of the meeting, and the meeting place requested.

(e) Excluding meetings to carry out the assigned functions of Federal agencies, or meetings which are determined by an appropriate official as being in the Government's interest, meeting places will not be available during official working hours of the

occupant agencies except for 1 hour during the normal luncheon period.

§ 101-20.702 Scheduling.

Generally, no meetings shall be scheduled beyond normal building operating hours or be scheduled for Saturdays, Sundays, holidays, or other days during which the building is ordinarily closed.

§ 101-20.703 Posting of notices and information bulletins.

The following types of notices or information bulletins only may be posted on bulletin boards or placed otherwise about the premises:

(a) Official business notices of the occupant agency.

(b) Request for funds for welfare, health, and other purposes, approved by the head of the occupant agency.

(c) Notices to Federal employees by concessionaires and agency employees of groups or organizations recognized by the occupant agency.

(d) Personal notices of agency employees, such as the sale of an employee's home, requests for car pool participation, etc.

(e) Recognized labor organization notices and issuances on space provided by the agency pursuant to agreement between the agency and recognized labor organization.

§ 101-20.704 Conduct.

All persons attending meetings or performances will be subject to the rules and regulations governing public building and grounds in Subpart 10120.3.

§ 101-20.705 Provision of services and equipment.

Special building services, such as projectionists to operate installed equipment, guards, elevator operators, or additional utilities when required to supplement normal building services or outside regular building hours, will be provided to the extent available, if requested by the agency, by the GSA buildings manager on a reimbursable basis. The furnishing of program requirements, such as music racks, ushers, cloakroom attendants, tickets, etc., will be the responsibility of the

applying or sponsoring Federal agency or activity. See also Subpart 101-20.1. § 101-20.706 Supplementary directives.

After appropriate coordination with the affected agency or agencies, GSA Regional Administrators may supplement these regulations by issuing procedures, instructions, and any necessary forms, consistent with this subpart, which apply to specific areas used for meeting places. Supplementary procedures, instructions, and forms should cover such items as: How to apply for permission to use the facilities; how much detail is required to describe the proposed use or program to be presented; who is authorized to request, and who grants the permission; priorities of use; reimbursement requirements; records of use; and any other conditions which may be applicable to a given location. § 101-20.707 Agency implementation.

Agencies having exclusive use of and/or exercising authority over auditoriums, conference rooms, and other meeting places within the periphery of the property lines of Governmentowned or leased buildings which are controlled for space assignment or reassignment purposes by GSA may also supplement these regulations by using procedures, instructions, and any necessary forms not inconsistent with this subpart.

AUTHORITY: 63 Stat. 377; 73 Stat. 479 (40 U.S.C. 490 note) 86 Stat. 216, unless otherwise noted.

SOURCE: 39 FR 23232, June 27, 1974, unless otherwise noted.

§ 101-21.000 Scope of part.

This part prescribes policies and procedures to be followed for the furnishing of space and services by GSA in Government-owned and leased build

ings.

§ 101-21.001 Authority.

This part implements the applicable provisions of the Public Buildings Amendments of 1972 (86 Stat. 216), the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), the Public Buildings Act of 1959 (73 Stat. 479), and the Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note).

§ 101-21.002 Basic policy.

(a) GSA will charge anyone for space services furnished by GSA (unless exempted by the Administrator of General Services) a standard level user charge which will approximate commercial charges for comparable space and services. The services to be included in this charge will be those normally furnished in commercial practice.

(b) GSA will furnish services additional to those included in the standard level user charge on a reimbursable basis.

(c) GSA will furnish alterations on a reimbursable basis in buildings where GSA is responsible for alterations only.

§ 101-21.003 Definition of terms.

The following definitions are established for terms used in this Subchapter D.

§ 101-21.003-1 Federal Buildings Fund.

"Federal Buildings Fund" means the fund into which are deposited the standard level user charges and other revenues and collections cited in section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)), and from which monies shall be avail

able for expenditures for real property management and related activities in such amounts as are specified in annual appropriation acts without regard to fiscal year limitations.

§ 101-21.003-2 Standard level user charge. "Standard level user charge" means the rate charged for assigned space in Government-owned or leased property for which GSA has assignment responsibility. The user charge approximates commercial charges for comparable space and services.

§ 101-21.003-3 Standard levels of service.

“Standard levels of service" means those services provided as part of the standard level user charge, depending upon the type of space occupied, and as defined in Subpart 101-21.3.

§ 101-21.003-4 Special services.

"Special services" means those services that are not included in the standard level of services but are provided by GSA on a reimbursable basis upon request.

§ 101-21.003-5 Space and services.

"Space and services" means the combination of space occupied and the related services provided for that space.

Subpart 101-21.1-General

§ 101-21.101 Background.

The principal intent of section 210(d) of the Federal Property and Administrative Services Act of 1949, as amended, is to promote greater efficiency and effectiveness in the use and management of Government-owned and -leased space. To this end, the assessment of charges that approximate commercial rates for comparable space and services will stimulate economic space utilization, induce performance budgeting through the more realistic reporting of program costs, provide the basis for a responsible landlordtenant relationship between GSA and other agencies, and establish a sound financial structure for the acquisition, construction, repair, alteration, maintenance, protection, and operation of real property.

§ 101-21.102 Applicability.

Rules and regulations in this Part 101-21 apply to all agencies assigned space by GSA.

Subpart 101-21.2-Standard Level User Charge

§ 101-21.200 General.

This subpart prescribes the policies and procedures governing the calculation and levying of a standard level user charge to be assessed for space for which GSA has assignment responsibility as payment for space and services provided by (SA.

§ 101-21.201 Determination of standard level user charge.

The standard level user charge is established by GSA and approved by the Office of Management and Budget. The charge reflects approximate equivalent commercial rates for comparable space and services, and is based on the type, quality, and geographic location of the space provided. § 101-21.202 Joint-use space.

In those buildings where GSA has assignment responsibility and there is joint-use space such as cafeterias, auditoriums, conference rooms, credit unions, and snack bars, each agency provided access to or use of the facilities occupying the joint-use space will be charged a pro rata share of the space costs based on the percentage of the space assigned.

§ 101-21.203 Exceptions.

In those buildings where GSA is responsible only for alterations, the charges for such alterations will approximate the cost incurred.

§ 101-21.204 Exemptions.

The Administrator of General Services may exempt any occupant from the standard level user charge if he decides that application of the charge would be infeasible or impractical. Requests for exemption must be made in writing to the Administrator.