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Facilities

Q: To which federal facilities does the executive order apply?

A: The executive order directs all agencies to apply the requirements of EO 13991 to all persons in or on the premises of a federal building, including federally owned, leased, and delegated facilities, where a substantial portion of the facility is occupied by employees or contractors of the executive branch. This includes facilities under the jurisdiction, custody, or control of the U.S. General Services Administration (GSA) (GSA-controlled facilities), facilities leased by agencies with independent leasing authority, and federal buildings under the jurisdiction, custody, and control of executive agencies with independent landholding authority.

Q: If an agency is located in a GSA-managed commercially leased space, or facilities leased by agencies with independent leasing authority, how do the requirements of the EO apply?

A: For facilities leased by GSA, the requirements of the EO only apply to the portion of the facility under lease to GSA, unless GSA leases the entire building, in which case, the requirements apply to the public areas as well. The lessor’s onsite employees, onsite contractor employees, and visitors must comply with the requirements of the EO when accessing space under lease to GSA, including public areas, if GSA leases the entire facility.

For facilities leased by agencies with independent leasing authority, the requirements of the EO only apply to the portion of the facility under lease to the agency, unless the agency leases the entire building, in which case, the requirements apply to the public areas as well. The lessor’s onsite employees, onsite contractor employees, and visitors must comply with the requirements of the EO when accessing space under lease to the agency, including public areas, if the agency leases the entire facility.

In either type of partially leased buildings (facilities leased by GSA or space under lease by a federal agency with independent leasing authority), federal onsite employees and onsite contractor employees should wear a mask at the point of entry and in any public areas (e.g., when walking from the front door to the federal workspace), even if other tenants of the building are not required to wear a mask.

Q: If an agency manages facilities under its own landholding authority, for what is the agency responsible?

A: In these facilities, the agency managing the facility is fully responsible for ensuring that the requirements of EO 13991 are implemented.

Q: If an agency leases and manages facilities under its own leasing authority, for what is the agency responsible?

A: In these facilities, the agency executing the lease and managing the entire facility is fully responsible for ensuring that the requirements of EO 13991 are implemented. If the agency is leasing only a portion of the facility, then the agency is fully responsible for ensuring that the requirements of EO 13991 are implemented in the space that is covered under the lease.

Q: If an agency manages a GSA-controlled facility under an operation and maintenance delegation from GSA, for what is an agency responsible?

A: In a GSA-controlled facility under an operation and maintenance delegation from GSA, the agency responsible for operation and maintenance is fully responsible for ensuring that the requirements of EO 13991 are implemented.