40 U.S.C. § 591 — Purchase of electricity

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.