§592 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Creates a Federal Buildings Fund in the Treasury and requires certain money to be put into it. Money that must go in includes user charges, money from leasing federal building sites or additions, and payments for loss or damage to Fund property. The Administrator may also credit reimbursements for special services to the Fund, and an amount set by appropriation law can be moved out to the Treasury to avoid large surpluses. Money in the Fund can be used for managing buildings and related work as allowed by annual appropriation laws and is not limited by a fiscal year. The Fund can be moved into a special Treasury account under another law, and the Administrator may use Fund money to repay the principal of a GSA borrowing from the Federal Financing Bank if the Fund legally owes it. Buildings counted as federally owned for Fund purposes include certain purchase-contract buildings, installment-purchase buildings, and buildings altered when an agency moves. Energy rebates and incentives, goods or services from utilities, and sales of recycled materials may be deposited into the Fund and used for energy or recycling programs and employee programs (including child care financing). Rebates can be assigned to lessors to help pay for energy upgrades if the payback is at least 2 years shorter than the remaining lease term. Amounts tied to energy savings or recycling stay in the Fund until spent and may be used for approved programs.

Title 40, §592

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)There is in the Treasury a fund known as the Federal Buildings Fund.

(b)(1)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.

(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)This subchapter does not preclude the Administrator 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)To prevent 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)(1)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)Deposits in the Fund that are available pursuant to annual appropriation laws may be transferred and consolidated on the books of the Treasury into a special account in accordance with, and for the purposes specified in, section 3176 of this title.

(3)The Administrator, in accordance with rules and procedures that the Office of Management and Budget and the Secretary of the Treasury establish, may transfer from the Fund an amount necessary to repay the principal amount of a General Services Administration borrowing from the Federal Financing Bank, if the borrowing is a legal obligation of the Fund.

(4)For purposes of amounts authorized to be expended 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 installment purchase contract.

(C)A building under the control of a department 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)(1)The Administrator may receive amounts from rebates or other cash incentives related to energy savings and shall deposit the amounts in the Fund for use as provided in paragraph (4).

(2)The Administrator may accept, from a utility, goods or services that enhance the energy efficiency of federal facilities.

(3)In the administration of real property that the Administrator leases and for which the Administrator 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 improvements in the real property if the payback period for the improvement is at least 2 years less than the remainder of the term of the lease.

(4)In addition to amounts appropriated for energy management 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 paragraph (2); and

(C)amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to implement energy efficiency programs.

(e)(1)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)In addition to amounts appropriated for such purposes and without regard to subsection (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)The Fund may receive, in the form of rebates, cash incentives or otherwise, any revenues, collections, or other income related to energy savings or recycling efforts. Amounts received under this subsection remain in the Fund until expended and remain available for federal energy management improvement programs, recycling programs, or employee programs that are authorized by law or that the Administrator considers appropriate. The Administration may use amounts received under this subsection, in addition to amounts received as New Obligational Authority, in activities of the Fund as necessary.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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). 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 proviso 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 obsolete. The text of 40:490(f)(3) and (4) is omitted as executed. 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 accumulation 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 provision 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 section 602a of former Title 40, Public Buildings, Property, and Works, and was omitted from the Code in the revision and reenactment of this title by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062.

§592 Federal Buildings Fund