40 U.S.C. § 592 — Federal Buildings Fund
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 829 words · no verdicts yet
The Federal Buildings Fund is a Treasury fund. It receives specified charges, lease proceeds, and other receipts, and may be used for real-property, energy-efficiency, and recycling activities under the listed limits.
(a) The Treasury must maintain a fund called the Federal Buildings Fund.
(b) Deposits. (1) The Fund must receive: (A) user charges under section 586(b), whether paid in advance or otherwise; (B) money from leasing Federal building sites or additions under section 581(d); and (C) money paid by carriers or others for lost or damaged Fund property. (2) The Administrator of General Services may provide special services not part of the standard user charge on a reimbursable basis, and the reimbursement may be credited to the Fund. (3) To prevent an excessive surplus, an appropriation law may specify an amount transferred from the Fund in any fiscal year and deposited in the Treasury as miscellaneous receipts.
(c) Uses. (1) Deposits may be used for real-property management and related activities in amounts set by annual appropriation laws, without fiscal-year limits. (2) Deposits available under annual appropriations may be transferred and combined in a special Treasury account for salaries and expenses of construction projects or planning programs, as section 3176 allows. (3) Under rules set by OMB and the Secretary of the Treasury, the Administrator may transfer enough from the Fund to repay principal on a GSA loan from the Federal Financing Bank if the Fund is legally obligated to repay it. (4) For spending from the Fund, these count as federally owned buildings: (A) a building built under section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 219); (B) a building occupied under an installment-purchase contract; and (C) a building controlled by a department or agency when alterations are needed to move it from a former building controlled, or to be controlled, by the Administration.
(d) Energy Management Programs. (1) The Administrator may receive energy-saving rebates and other cash incentives and must deposit them in the Fund for paragraph (4). (2) The Administrator may accept from a utility goods or services that improve Federal facilities energy efficiency. (3) When the Administrator leases property and pays its utility costs, the Administrator may give all or part of an energy rebate to the lessor to help pay for energy-efficiency improvements if the payback period is at least two years shorter than the remaining lease term. (4) In addition to appropriations and without the limit in (c)(1), the Administrator may commit to energy-management improvement programs: (A) money deposited under (1); (B) goods and services received under (2); and (C) money the Administrator decides is not needed for other authorized projects and that is otherwise available for energy-efficiency programs.
(e) Recycling Programs. (1) The Administrator may receive money from selling recycled materials and must deposit it in the Fund for paragraph (2). (2) In addition to appropriations and without the limit in (c)(1), the Administrator may commit that money to programs that (A) promote more source reduction and recycling, and (B) encourage employees to recycle by financing child care.
(f) The Fund may receive, as rebates, cash incentives, or otherwise, any income related to energy savings or recycling. That money stays in the Fund until spent and remains available for legally authorized, or Administrator-approved, Federal energy-management, recycling, or employee programs. The Administration may use it, in addition to New Obligational Authority, as needed for Fund activities.
There is in the Treasury a fund known as the Federal Buildings Fund.
The following revenues and collections shall be deposited into the Fund:
User charges under section 586(b) of this title, payable in advance or otherwise.
Proceeds from the lease of federal building sites or additions under section 581(d) of this title.
Receipts from carriers and others for loss of, or damage to, property belonging to the Fund.
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.
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.
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.
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.
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.
For purposes of amounts authorized to be expended from the Fund, the following are deemed to be federally owned buildings:
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).
A building occupied pursuant to an installment purchase contract.
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.
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).
The Administrator may accept, from a utility, goods or services that enhance the energy efficiency of federal facilities.
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.
In addition to amounts appropriated for energy management improvement programs and without regard to subsection (c)(1), the Administrator may obligate for those programs—
amounts received and deposited in the Fund under paragraph (1);
goods and services received under paragraph (2); and
amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to implement energy efficiency programs.
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).
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—
promote further source reduction and recycling programs; and
encourage employees to participate in recycling programs by providing financing for child care.
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.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1118
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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