40 U.S.C. § 592 — Federal Buildings Fund

Page 78 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 591 1 See References in Text note below. with respect to the Senate, by the Majority and Minority Leaders of the Senate, in ac- cordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and (B) amounts may be made available to im- plement this subsection with respect to the Senate without advance notice to the Com- mittee on Appropriations of the House of Representatives. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 117–328, div. I, title I, § 117(a), Dec. 29, 2022, 136 Stat. 4924; Pub. L. 118–47, div. E, title I, § 103(a), Mar. 23, 2024, 138 Stat. 712.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 590(a) ......... 40:490b(c). Pub. L. 100–202, § 101(m) [title VI, § 616(a)–(d)], Dec. 22, 1987, 101 Stat. 1329–423; Pub. L. 102–393, title V, § 528, Oct. 6, 1992, 106 Stat. 1760. 590(b) ......... 40:490b(a). 590(c) ......... 40:490b(b)(1), (2), (4). 590(d) ......... 40:490b(b)(3). 40:490b(d). 590(e) ......... 40:490b note. Pub. L. 105–277, div. A, § 101(h) [title VI, § 603], Oct. 21, 1998, 112 Stat. 2681–513. 590(f) .......... 40:490b(e). Pub. L. 100–202, § 101(m) [title VI, § 616(e)], as added Pub. L. 106–554, § 1[(]a)(3) [title VI, § 643], Dec. 21, 2000, 114 Stat. 2763A–169. 590(g) ......... 40:490b–1. Pub. L. 107–67, title VI, § 630, Nov. 12, 2001, 115 Stat. 552. In subsection (a), the word ‘‘provide’’ is substituted for ‘‘promote the provision of’’ to eliminate unneces- sary words. In subsection (f)(2), the word ‘‘workers’’ is sub- stituted for ‘‘existing and newly hired workers’’ to eliminate unnecessary words. In subsection (g)(2), the word ‘‘hereafter’’ is omitted as unnecessary. In subsection (g)(4), the words ‘‘as appropriate’’ are omitted as unnecessary. In subsection (g)(5), the words ‘‘in this or any other Act’’ are omitted as unnecessary. The words ‘‘of the House of Representatives and the Senate’’ are added for consistency in the revised title. Editorial Notes REFERENCES IN TEXT Section 231 of the Crime Control Act of 1990, referred to in subsec. (f)(2), is section 231 of Pub. L. 101–647, which was classified to section 13041 of Title 42, The Public Health and Welfare, prior to editorial reclassi- fication as section 20351 of Title 34, Crime Control and Law Enforcement. AMENDMENTS 2024—Subsec. (g)(7). Pub. L. 118–47 added par. (7). 2022—Subsec. (g)(6). Pub. L. 117–328 added par. (6). 2004—Subsec. (g)(1). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–47, div. E, title I, § 103(b), Mar. 23, 2024, 138 Stat. 712, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to fiscal year 2024 and each succeeding fiscal year.’’ EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–328, div. I, title I, § 117(b), Dec. 29, 2022, 136 Stat. 4924, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year.’’ § 591. Purchase of electricity (a) GENERAL LIMITATION ON USE OF AMOUNTS.— A department, agency, or instrumentality of the Federal Government may not use amounts ap- propriated or made available by any law to pur- chase electricity in a manner inconsistent with state law governing the provision of electric utility service, including— (1) state utility commission rulings; and (2) electric utility franchises or service terri- tories established under state statute, state regulation, or state-approved territorial agree- ments. (b) EXCEPTIONS.— (1) ENERGY SAVINGS.—This section does not preclude the head of a federal agency from en- tering into a contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287). (2) ENERGY SAVINGS FOR MILITARY INSTALLA- TIONS.—This section does not preclude the Sec- retary of a military department from— (A) entering into a contract under section 2394 1 of title 10; or (B) purchasing electricity from any pro- vider if the Secretary finds that the utility having the applicable state-approved fran- chise (or other service authorization) is un- willing or unable to meet unusual standards of service reliability that are necessary for purposes of national defense. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 591 ............. 40:490 note. Pub. L. 100–202, § 101(b) [title VIII, § 8093], Dec. 22, 1987, 101 Stat. 1329–79. In subsection (b)(1), the words ‘‘section 801 of the Na- tional Energy Conservation Policy Act (42 U.S.C. 8287)’’ are substituted for ‘‘42 U.S.C. 8287’’ in section 8093 of the Department of Defense Appropriations Act, 1988 as the probable intent of Congress. Editorial Notes REFERENCES IN TEXT Section 2394 of title 10, referred to in subsec. (b)(2)(A), was renumbered section 2922a of such title by Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494. § 592. Federal Buildings Fund (a) EXISTENCE.—There is in the Treasury a fund known as the Federal Buildings Fund. (b) DEPOSITS.— (1) IN GENERAL.—The following revenues and collections shall be deposited into the Fund: (A) User charges under section 586(b) of this title, payable in advance or otherwise. Page 79 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 592 (B) Proceeds from the lease of federal building sites or additions under section 581(d) of this title. (C) Receipts from carriers and others for loss of, or damage to, property belonging to the Fund. (2) REIMBURSEMENTS FOR SPECIAL SERVICES.— This subchapter does not preclude the Admin- istrator of General Services from providing special services, not included in the standard level user charge, on a reimbursable basis. The reimbursements may be credited to the Fund. (3) TRANSFER OF SURPLUS AMOUNTS.—To pre- vent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an appropriation law may be transferred out of the Fund and deposited as miscellaneous receipts in the Treasury. (c) USES.— (1) IN GENERAL.—Deposits in the Fund are available for real property management and related activities in the amounts specified in annual appropriation laws without regard to fiscal year limitations. (2) SALARIES AND EXPENSES RELATED TO CON- STRUCTION PROJECTS OR PLANNING PROGRAMS.— Deposits in the Fund that are available pursu- ant to annual appropriation laws may be transferred and consolidated on the books of the Treasury into a special account in accord- ance with, and for the purposes specified in, section 3176 of this title. (3) REPAYMENT OF GENERAL SERVICES ADMIN- ISTRATION BORROWING FROM FEDERAL FINANCING BANK.—The Administrator, in accordance with rules and procedures that the Office of Man- agement and Budget and the Secretary of the Treasury establish, may transfer from the Fund an amount necessary to repay the prin- cipal amount of a General Services Adminis- tration borrowing from the Federal Financing Bank, if the borrowing is a legal obligation of the Fund. (4) BUILDINGS DEEMED FEDERALLY OWNED.— For purposes of amounts authorized to be ex- pended from the Fund, the following are deemed to be federally owned buildings: (A) A building constructed pursuant to the purchase contract authority of section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 219). (B) A building occupied pursuant to an in- stallment purchase contract. (C) A building under the control of a de- partment or agency, if alterations of the building are required in connection with moving the department or agency from a former building that is, or will be, under the control of the Administration. (d) ENERGY MANAGEMENT PROGRAMS.— (1) RECEIVING CASH INCENTIVES.—The Admin- istrator may receive amounts from rebates or other cash incentives related to energy sav- ings and shall deposit the amounts in the Fund for use as provided in paragraph (4). (2) RECEIVING GOODS OR SERVICES.—The Ad- ministrator may accept, from a utility, goods or services that enhance the energy efficiency of federal facilities. (3) ASSIGNMENT OF ENERGY REBATES.—In the administration of real property that the Ad- ministrator leases and for which the Adminis- trator pays utility costs, the Administrator may assign all or a portion of energy rebates to the lessor to underwrite the costs incurred in undertaking energy efficiency improve- ments in the real property if the payback pe- riod for the improvement is at least 2 years less than the remainder of the term of the lease. (4) OBLIGATING AMOUNTS FOR ENERGY MAN- AGEMENT IMPROVEMENT PROGRAMS.—In addi- tion to amounts appropriated for energy man- agement improvement programs and without regard to subsection (c)(1), the Administrator may obligate for those programs— (A) amounts received and deposited in the Fund under paragraph (1); (B) goods and services received under para- graph (2); and (C) amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to imple- ment energy efficiency programs. (e) RECYCLING PROGRAMS.— (1) RECEIVING AMOUNTS.—The Administrator may receive amounts from the sale of recycled materials and shall deposit the amounts in the Fund for use as provided in paragraph (2). (2) OBLIGATING AMOUNTS FOR RECYCLING PRO- GRAMS.—In addition to amounts appropriated for such purposes and without regard to sub- section (c)(1), the Administrator may obligate amounts received and deposited in the Fund under paragraph (1) for programs which— (A) promote further source reduction and recycling programs; and (B) encourage employees to participate in recycling programs by providing financing for child care. (f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND RECYCLING PROGRAMS.—The Fund may receive, in the form of rebates, cash incentives or otherwise, any revenues, collec- tions, or other income related to energy savings or recycling efforts. Amounts received under this subsection remain in the Fund until ex- pended and remain available for federal energy management improvement programs, recycling programs, or employee programs that are au- thorized by law or that the Administrator con- siders appropriate. The Administration may use amounts received under this subsection, in addi- tion to amounts received as New Obligational Authority, in activities of the Fund as nec- essary. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 592(a) ......... 40:490(f)(1) (related to establishment), (3), (4). June 30, 1949, ch. 288, title II, § 210(f), as added July 12, 1952, ch. 703, § 1(l), 66 Stat. 594; Pub. L. 85–886, § 3, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 92–313, § 3, June 16, 1972, 86 Stat. 218; Pub. L. 102–486, title I, § 153, Oct. 24, 1992, 106 Stat. 2851. 592(b)(1) ..... 40:490(f)(1) (related to deposits). 592(b)(2) ..... 40:490(f)(6). Page 80 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 593 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 592(b)(3) ..... 40:490(f)(5). 592(c)(1) ..... 40:490(f)(2). 592(c)(2) ..... 40:490a. Pub. L. 94–91, title IV, § 401, Aug. 9, 1975, 89 Stat. 452. 592(c)(3) ..... 40:490a–1. Pub. L. 101–136, title IV, § 7, Nov. 3, 1989, 103 Stat. 803. 592(c)(4) ..... 40:490i. Pub. L. 105–277, div. A, § 101(h) [title IV, 6th pro- viso on p. 2681–502], Oct. 21, 1998, 112 Stat. 2681–502. 592(d) ......... 40:490(f)(7). 592(e) ......... 40:490(f)(8). 592(f) .......... 40:490g. Pub. L. 102–393, title IV, § 13, Oct. 6, 1992, 106 Stat. 1751. In subsection (a), the words ‘‘on such date as may be determined by the Administrator’’ are omitted as obso- lete. The text of 40:490(f)(3) and (4) is omitted as exe- cuted. In subsection (b)(1)(B), the words ‘‘federal building sites or additions’’ are substituted for ‘‘building sites’’ for consistency with section 581(d) of the revised title. In subsection (b)(3), the words ‘‘To prevent the accu- mulation of excessive surpluses in the Fund’’ and ‘‘transferred out of the Fund’’ are added for clarity. See House Report No. 92–989, dated April 14, 1972 (United States Code Congressional and Administrative News, 92d Congress, 2d Session, 1972, Vol. 2, pp. 2370, 2377). In subsection (c)(4), the words ‘‘amounts authorized to be expended from the Fund’’ are substituted for ‘‘this authorization, and hereafter’’ to restate the pro- vision as general and permanent law without reference to a single year’s appropriation Act. In subsection (f), the words ‘‘during a fiscal year’’ are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT Section 5 of the Public Buildings Amendments of 1972, referred to in subsec. (c)(4)(A), is section 5 of Pub. L. 92–313, June 16, 1972, 86 Stat. 219, which enacted sec- tion 602a of former Title 40, Public Buildings, Property, and Works, and was omitted from the Code in the revi- sion and reenactment of this title by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. § 593. Protection for veterans preference employ- ees (a) DEFINITIONS.—In this section, the following definitions apply: (1) COVERED SERVICES.—The term ‘‘covered services’’ means any guard, elevator operator, messenger, or custodial services. (2) SHELTERED WORKSHOP.—The term ‘‘shel- tered workshop’’ means a sheltered workshop employing the severely handicapped under chapter 85 of title 41. (b) IN GENERAL.—Except as provided in sub- section (c), amounts made available to the Gen- eral Services Administration pursuant to sec- tion 592 of this title may not be obligated or ex- pended to procure covered services by contract if an employee who was a permanent veterans preference employee of the Administration on November 19, 1995, would be terminated as a re- sult. (c) EXCEPTION.—Amounts made available to the Administration pursuant to section 592 of this title may be obligated and expended to pro- cure covered services by contract with a shel- tered workshop or, if sheltered workshops de- cline to contract for the provision of covered services, by competitive contract for a period of no longer than 5 years. When a competitive con- tract expires, or is terminated for any reason, the Administration shall again offer to procure the covered services by contract with a shel- tered workshop before procuring the covered services by competitive contract. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1120; Pub. L. 109–284, § 6(6), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 111–350, § 5(l)(11), Jan. 4, 2011, 124 Stat. 3852.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 593 ............. 40:490c. Pub. L. 104–52, title V, § 503, Nov. 19, 1995, 109 Stat. 491. Editorial Notes AMENDMENTS 2011—Subsec. (a)(2). Pub. L. 111–350 substituted ‘‘chap- ter 85 of title 41’’ for ‘‘the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)’’. 2006—Subsec. (b). Pub. L. 109–284 substituted ‘‘avail- able to the General Services Administration’’ for ‘‘available to the Administration’’. SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS § 601. Purposes In order to provide an economical and efficient system for transportation of Federal Govern- ment personnel and property consistent with section 101 of this title, the purposes of this sub- chapter are— (1) to establish procedures to ensure safe op- eration of motor vehicles on Government busi- ness; (2) to provide for proper identification of Government motor vehicles; (3) to establish an effective means to limit the use of Government motor vehicles to offi- cial purposes; (4) to reduce the number of Government- owned vehicles to the minimum necessary to transact public business; and (5) to provide wherever practicable for cen- trally operated interagency pools or systems for local transportation of Government per- sonnel and property. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 601 ............. 40:491(a). June 30, 1949, ch. 288, title II, § 211(a), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1126. Statutory Notes and Related Subsidiaries STRATEGIC ELECTRIC VEHICLE MANAGEMENT Pub. L. 117–263, div. G, title LXXII, subtitle C, Dec. 23, 2022, 136 Stat. 3676, provided that: ‘‘SEC. 7231. SHORT TITLE. ‘‘This subtitle may be cited as the ‘Strategic EV Management Act of 2022’. ‘‘SEC. 7232. DEFINITIONS. ‘‘In this subtitle: