40 U.S.C. § 601 — Purposes

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: Page 81 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 601 ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of General Services. ‘‘(2) AGENCY.—The term ‘agency’ has the meaning given the term in section 551 of title 5, United States Code. ‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ‘‘(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; ‘‘(C) the Committee on Environment and Public Works of the Senate; ‘‘(D) the Committee on Energy and Natural Re- sources of the Senate; ‘‘(E) the Committee on Energy and Commerce of the House of Representatives; ‘‘(F) the Committee on Appropriations of the Sen- ate; and ‘‘(G) the Committee on Appropriations of the House of Representatives. ‘‘(4) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget. ‘‘SEC. 7233. STRATEGIC GUIDANCE. ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Ad- ministrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a com- prehensive, strategic plan for Federal electric vehicle fleet battery management. ‘‘(b) CONTENTS.—The strategic plan required under subsection (a) shall— ‘‘(1) maximize both cost and environmental effi- ciencies; and ‘‘(2) incorporate— ‘‘(A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; ‘‘(B) guidelines for reusing and recycling the bat- teries of retired vehicles; ‘‘(C) guidelines for disposing electric vehicle bat- teries that cannot be reused or recycled; and ‘‘(D) any other considerations determined appro- priate by the Administrator and Director. ‘‘(c) MODIFICATION.—The Administrator, in consulta- tion with the Director, may periodically update the strategic plan required under subsection (a) as the Ad- ministrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. ‘‘(d) CONSULTATION.—In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with ap- propriate entities, including— ‘‘(1) the Secretary of Energy; ‘‘(2) the Administrator of the Environmental Pro- tection Agency; ‘‘(3) the Chair of the Council on Environmental Quality; ‘‘(4) scientists who are studying electric vehicle batteries and reuse and recycling solutions; ‘‘(5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recy- cling research; ‘‘(6) industries interested in electric vehicle battery reuse and recycling; ‘‘(7) electric vehicle equipment manufacturers and recyclers; and ‘‘(8) any other relevant entities, as determined by the Administrator and Director. ‘‘(e) REPORT.— ‘‘(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congres- sional committees a report that describes the stra- tegic plan required under subsection (a). ‘‘(2) BRIEFING.—Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies. ‘‘SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES. ‘‘Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintain- ing electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining inter- nal combustion engine vehicles.’’ Executive Documents EX. ORD. NO. 10579. INTERAGENCY MOTOR-VEHICLE POOLS AND SYSTEMS Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, provided: SECTION 1. Purpose and general policy. (a) The purpose of these regulations is to establish policies and proce- dures under which interagency motor-vehicle pools or systems may be established, operated, curtailed, or dis- continued. (b) The Administrator of General Services (herein- after referred to as the Administrator) shall establish and provide for the operation of interagency motor-ve- hicle pools and systems for the purpose of providing more efficient or economical transportation of Govern- ment personnel and property within specific areas by motor vehicles or local transit systems. Pools or sys- tems based in whole or in part upon use of privately- owned vehicles and facilities shall be preferred to Gov- ernment ownership of vehicles and facilities to the ex- tent that it is feasible to provide required motor-vehi- cle services of satisfactory quality and cost from com- mercial or other private sources. SEC. 2. Conduct of studies to determine advisability of es- tablishing motor-vehicle pools or systems. (a) The Admin- istrator shall select areas in which studies are to be conducted to determine the advisability of establishing motor-vehicle pools or systems. Before initiating any such study, he shall give at least thirty days notice to the head of each executive agency (as defined in section 3(a) of the Act [now 40 U.S.C. 102(4)]). The notice shall include a statement of the approximate geographic area to be studied and the date on which the study will begin. (b) The head of each executive agency receiving no- tice that such a study is to be made shall provide infor- mation which is required or pertinent. He shall also designate one or more officials in the field with whom members of a staff assigned by the General Services Administration may consult. Such designated officials shall provide such assigned staff with needed informa- tion and assistance, including reasonable opportunities to observe motor-vehicle operations and facilities and to examine pertinent cost and other records. SEC. 3. Determination to establish an interagency motor- vehicle pool or system. (a) If the Administrator deter- mines, with due regard to the program activities of the agencies concerned, and on the basis of a study made in accordance with section 2 hereof, that an interagency motor-vehicle pool or system should be established, he shall be responsible for preparing a formal determina- tion to that effect. Such determination shall include: (1) A description of the proposed operation, including a statement of the types of service and of the geo- graphic area, and the agencies or parts of agencies to be served. (2) The name of the executive agency designated to be responsible for operating the pool or system, and the reasons for such designation. (3) A statement indicating the motor vehicles and re- lated equipment and supplies to be transferred and the amount of reimbursement, if any, to be made therefor. (b) Each determination shall be accompanied by an analytical justification which shall include a compari- son of estimated costs of the present and proposed methods of operation and a showing of the estimated savings to be realized through the establishment of the Page 82 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 601 proposed pool or system. The justification shall also describe the alternatives considered in making the de- termination, and shall include a statement concerning the availability of privately-owned facilities and equip- ment, and the feasibility and estimated cost (imme- diate and long-term) of using such facilities and equip- ment. (c) The Administrator shall send a copy of each deter- mination to each executive agency affected and to the Director of the Bureau of the Budget [now the Director of the Office of Management and Budget] (hereinafter referred to as the Director). SEC. 4. Transfers of records, facilities, personnel, and ap- propriations. Whenever the Administrator prepares a de- termination as set forth in section 3 of these regula- tions, he shall also prepare and present to the Director a schedule of the proposed transfer of such records, fa- cilities, personnel, and appropriations as relate pri- marily to the functions which are to be transferred to the interagency motor-vehicle pool or system. A copy of such schedule shall be sent by the Administrator to each executive agency affected. The Director shall de- termine the records, facilities, personnel, and appro- priations to be transferred. SEC. 5. Taking effect of determinations. Unless a greater time is allowed therein, any determination made by the Administrator shall become binding on all affected executive agencies forty-five days after the issuance thereof except with respect to any agency which ap- peals, or requests an exemption, from any such deter- mination in accordance with section 6 of these regula- tions. SEC. 6. Review of determinations not agreed to by agen- cies affected. (a) Any executive agency may appeal or re- quest exemption from any or all proposals affecting it which are contained in a determination. Appeals shall be submitted in writing to the Director with a copy to the Administrator within forty-five days from the date of the determination. Such appeals shall be accom- panied by factual and objective supporting data and justification. (b) The Director shall review any determination from which an executive agency has appealed and shall make a final decision on such appeal. The Director shall make such decisions, within seventy-five days after he receives the appeal or as soon thereafter as practicable, on the basis of information contained in the Adminis- trator’s determination, the executive agencies’ appeals therefrom, and any supplementary data submitted by the Administrator and the contesting agencies. The Di- rector shall send copies of decisions to the Adminis- trator and to the heads of other executive agencies con- cerned. (c) The Director’s decision upon each such appeal, if it holds that the determination shall apply in whole or in part to the appealing agency, shall state the extent to which the determination applies and the effective date of its application. To the extent that the Direc- tor’s decision on an appeal does not uphold the Admin- istrator’s determination, such determination shall be of no force and effect. SEC. 7. Compliance with determinations and decisions on appeals. (a) When a determination or a decision on an appeal made in accordance with these regulations has become effective, each executive agency affected shall comply therewith. (b) The Director shall take such actions as he deems appropriate to assist in securing compliance with de- terminations which have become effective. In the exer- cise of this authority to establish reserves in appor- tioning appropriations and funds, the Director shall take account of such savings as accrue from the estab- lishment of inter-agency motor-vehicle pools and sys- tems. (c) The executive agency which operates any pool or system established hereunder shall maintain accurate records of the cost of establishment, maintenance, and operation of any interagency motor-vehicle pool or sys- tem established pursuant to these regulations. (d) The Administrator shall be responsible for main- taining adequate reviews and controls of the economy and efficiency of all pools or systems established in ac- cordance with these regulations, including those not di- rectly operated by the General Services Administra- tion. SEC. 8. Discontinuance or curtailment of service. (a) If, during any reasonable period, not exceeding two suc- cessive fiscal years, no actual savings are realized from the operation of any pool or system established here- under, the Administrator shall discontinue the pool or system concerned. (b) The Administrator may discontinue or curtail a motor-vehicle pool or system when he determines that it is not the most economical method of rendering re- quired motor-vehicle service; but he shall give at least sixty days notice of such intention to executive agen- cies affected and to the Director before taking such ac- tion. (c) Executive agencies affected by a pool or system for which the Administrator is responsible (including inter-agency pools or systems operated by another ex- ecutive agency designated by the Administrator) may bring problems of service and cost to the attention of the Administrator, who shall assure that such problems receive proper attention. (d) Executive agencies receiving motor-vehicle serv- ices from an interagency motor-vehicle pool or system under these regulations may request discontinuance or curtailment of their participation in such pool or sys- tem after at least one year of participation or in the event that the need for the services from the pool or system ceases. Such requests shall be submitted to the Administrator with pertinent factual justification. (e) If the Administrator does not agree with such re- quest and is unable to make arrangements which are mutually acceptable to him and to the head of the ex- ecutive agency concerned, the agency’s request for dis- continuance or modification and the Administrator’s reasons for not agreeing with the request shall be for- warded to the Director who shall be responsible for making a final and binding decision. (f) When a pool or system is discontinued or cur- tailed, such transfers of vehicles and related equipment and supplies, personnel, records, facilities, and funds as may be appropriate will be made, subject to the ap- proval of the Director. SEC. 9. Motor vehicles exempted from inclusion in inter- agency motor-vehicle pools. The following-described classes of motor vehicles shall be exempt from inclu- sion in interagency motor-vehicle pools or systems: (1) Motor vehicles designed or used for military field training, combat, or tactical purposes, or used prin- cipally within the confines of a regularly established military post, camp, or depot. (2) Any motor vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency deter- mines that exclusive control of such vehicle is essential to the effective performance of such duties: Provided, that vehicles regularly used for common administra- tive purposes not directly connected with the perform- ance of law enforcement, investigative, or intelligence duties shall not because of such use be exempted from such inclusion. (3) Any motor vehicle the conspicuous identification of which as a Government vehicle would interfere with the purpose for which it is acquired and used. (4) Unless inclusion is mutually agreed upon by the Administrator and the head of the agency concerned: (i) Motor vehicles for the use of the heads of the exec- utive agencies, ambassadors, ministers, charge [sic] d’affaires, and other principal diplomatic and consular officials. (ii) Motor vehicles regularly and principally used for the transportation of diplomats and representatives of foreign countries or by officers of the Department of State for the conduct of official business with rep- resentatives of foreign countries. (iii) Motor vehicles regularly used for the distribu- tion and transportation of mails. (5) Motor vehicles which, because of their design or the special purposes for which they are used, or for Page 83 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 603 other reasons, cannot advantageously be incorporated in an interagency motor-vehicle pool or system if the exemption thereof has been mutually agreed upon by the Administrator and the head of the executive agency concerned. (6) Motor vehicles exempted by an agency which has authority to make such an exemption under the provi- sions of the Act [probably means the Federal Property and Administrative Services Act of 1949, now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts]. SEC. 10. Optional use arrangements. Nothing in these regulations shall be construed as precluding the estab- lishment or operation of interagency motor-vehicle pools or systems on the basis of optional use by execu- tive or other Federal agencies. SEC. 11. Supplementary regulations. The Administrator shall, after consultation with the executive agencies concerned and with due regard to their program activi- ties, issue such supplementary regulations of general applicability to the executive agencies concerned as are necessary for the effective and economical operation of pools or systems under the Act [probably means the Federal Property and Administrative Services Act of 1949]. DWIGHT D. EISENHOWER. § 602. Authority to establish motor vehicle pools and transportation systems (a) IN GENERAL.—Subject to section 603 of this title, and regulations issued under section 603, the Administrator of General Services shall— (1) take over from executive agencies and consolidate, or otherwise acquire, motor vehi- cles and related equipment and supplies; (2) provide for the establishment, mainte- nance, and operation (including servicing and storage) of motor vehicle pools or systems; and (3) furnish motor vehicles and related serv- ices to executive agencies for the transpor- tation of property and passengers. (b) METHODS OF PROVIDING VEHICLES AND SERV- ICES.—As determined by the Administrator, motor vehicles and related services may be fur- nished by providing an agency with— (1) Federal Government-owned motor vehi- cles; (2) the use of motor vehicles, under rental or other arrangements, through private fleet op- erators, taxicab companies, or local or inter- state common carriers; or (3) both. (c) RECIPIENTS OF VEHICLES AND SERVICES.— The Administrator shall, so far as practicable, furnish motor vehicles and related services under this section to any federal agency, mixed- ownership Government corporation (as defined in chapter 91 of title 31), or the District of Co- lumbia, on its request. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 602 ............. 40:491(b) (related to establishment). June 30, 1949, ch. 288, title II, § 211(b) (related to es- tablishment), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1126. Subsection (a)(1) is substituted for ‘‘in respect of ex- ecutive agencies, . . . consolidate, take over, acquire, or arrange for the operation by any executive agency of, motor vehicles and other related equipment and supplies for the purpose of establishing motor vehicle pools and systems to serve the needs of executive agen- cies’’ for clarity and to eliminate unnecessary words. In subsection (c), the words ‘‘mixed-ownership Gov- ernment corporation’’ are substituted for ‘‘mixed own- ership corporation’’ for consistency with chapter 91 of title 31. The words ‘‘chapter 91 of title 31’’ are sub- stituted for ‘‘the Government Corporation Control Act’’ in section 211(b) of the Federal Property and Ad- ministrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. § 603. Process for establishing motor vehicle pools and transportation systems (a) DETERMINATION REQUIREMENT.— (1) IN GENERAL.—The Administrator of Gen- eral Services may carry out section 602 only if the Administrator determines, after consulta- tion with the agencies concerned and with due regard to their program activities, that doing so is advantageous to the Federal Government in terms of economy, efficiency, or service. (2) ELEMENTS OF THE DETERMINATION.—A de- termination under this section must be in writing. For each motor vehicle pool or sys- tem, the determination must set forth an ana- lytical justification that includes— (A) a detailed comparison of estimated costs for present and proposed modes of op- eration; and (B) a showing that savings can be realized by the establishment, maintenance, and op- eration of a motor vehicle pool or system. (b) REGULATIONS RELATED TO ESTABLISH- MENT.— (1) IN GENERAL.—The President shall pre- scribe regulations establishing procedures to carry out section 602 of this title. (2) ELEMENTS OF THE REGULATIONS.—The reg- ulations shall provide for— (A) adequate notice to an executive agency of any determination that affects the agency or its functions; (B) independent review and decision as di- rected by the President of any determina- tion disputed by an agency, with the possi- bility that the decision may include a par- tial or complete exemption of the agency from the determination; and (C) enforcement of determinations that be- come effective under the regulations. (3) EFFECT OF THE REGULATIONS.—A deter- mination under subsection (a) is binding on an agency only as provided in regulations issued under this subsection. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 603(a)(1) ..... 40:491(b) (related to determination). June 30, 1949, ch. 288, title II, § 211(b) (related to de- termination), (c), (e), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1126. 603(a)(2) ..... 40:491(e). 603(b) ......... 40:491(c).