FCRF (Contents)

Federal Capital Revolving Fund

Section 3


For purposes of this Act:

(a) Administrator.—The term “Administrator” means the Administrator of the General Services Administration (GSA).

(b) Agency.—The term “agency” means any of the agencies listed in section 901(b) of Title 31,[1] United States Code except that the term shall not include the Department of Defense.

(c) Director.—The term “Director” means the Director of the Office of Management and Budget.

(d) Discretionary Appropriations and Direct Spending.—The terms “discretionary appropriations”[2] and “direct spending”[3] have the same meaning as in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(e) Federal Facility.—The term “Federal facility” means any interest in land, together with the improvements, structures, and fixtures located thereon having a useful life of at least 25 years and in which Federal personnel perform the agency mission.

(f) Fund.—The term “Fund” means the Federal Capital Revolving Fund established pursuant to section 4.

(g) Project.—The term “project” means—

(1) a Federal facility acquired by an agency for its use (including site, design, management and inspection, construction, and commissioning) whether by purchase, construction, manufacture, lease-purchase, installment purchase, outlease-leaseback, exchange, or modernization by renovation; which may include purchases of associated furniture, fixtures, and equipment necessary to furnish the Federal facility for initial occupancy; and

(2) a one-time administrative fee to be paid to the Administrator, of .03 percent of the total cost of paragraph (1); with a combined total cost of at least $250,000,000. The term excludes items acquired for resale in the ordinary course of operations, consumable goods such as operating materials and supplies, normal maintenance and repair of real property, salaries and other operating expenses of agencies, grants to non-Federal entities, tax incentives, Federal credit assistance provided to non- Federal entities, and capital leases pursuant to which title does not automatically pass to the Government.

(h) Purchase Transfer.—The term “purchase transfer” means an amount approved by an appropriations Act to be transferred from the Fund, to remain available until expended, to pay for the costs of a project. The amount must be sufficient to pay for the full costs, at a minimum, of a useful segment of a Federal facility and the administrative fee.

(i) Purchasing Agency.—The term “purchasing agency” means an agency that receives a purchase transfer from the Fund to pay the full costs of a project.


Section 2 (FCRF)


Section 4 (FCRF)

Counsel Notes

[1] This subsection of the code list various governmental agencies, and reads as follows:

(b)(1) The agencies referred to in subsection (a)(1) are the following:

(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Education.
(E) The Department of Energy.
(F) The Department of Health and Human Services.
(G) The Department of Homeland Security.
(H) The Department of Housing and Urban Development.
(I) The Department of the Interior.
(J) The Department of Justice.
(K) The Department of Labor.
(L) The Department of State.
(M) The Department of Transportation.
(N) The Department of the Treasury.
(O) The Department of Veterans Affairs.
(P) The Environmental Protection Agency.
(Q) The National Aeronautics and Space Administration.

(2) The agencies referred to in subsection (a)(2) are the following:

(A) The Agency for International Development.
(B) The General Services Administration.
(C) The National Science Foundation.
(D) The Nuclear Regulatory Commission.
(E) The Office of Personnel Management.
(F) The Small Business Administration.
(G) The Social Security Administration.

[2] The term “discretionary appropriations” is defined in 250(c)(7) (BBEDCA) as follows:

(7) The term “discretionary appropriations” means budgetary resources (except to fund direct spending programs) provided in appropriation Acts.

[3] The term “direct spending” is defined in 250(c)(8) (BBEDCA) as follows:

(8) The term “direct spending” means—

(A) budget authority provided by law other than appropriation Acts;

(B) entitlement authority; and

(C) the Supplemental Nutrition Assistance Program.

Further Information

The Federal Capital Revolving Fund Act of 2018 is proposed legislation that would reform the way the Federal Government purchases capital assets. 

Additional Information

Section-by-Section for the Federal Capital Revolving Fund Act of 2018

Sec. 3. Definitions. This section defines terms used throughout the Act.

[From the Budget Process section of the Analytical Perspectives volume of the President’s Fiscal Year 2020 Presidential Submission; pp. 138-140.]


Section 2 (FCRF)


Section 4 (FCRF)

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