USC Subchapter VI

USC Subchapter VI
in effect

40 U.S.C. § 601 Purposes

In order to provide an economical and efficient system for transportation of Federal Government personnel and property consistent with section 101 of this title, the purposes of this subchapter are— (1) to establish procedures to ensure safe operation of motor vehicles on Government business; (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 official 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 centrally operated interagency pools or systems for local transportation of Government personnel and property.

40 U.S.C. § 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 vehicles and related equipment and supplies; (2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems; and (3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers. (b) Methods of Providing Vehicles and Services.—As determined by the Administrator, motor vehicles and related services may be furnished by providing an agency with—(1) Federal Government-owned motor vehicles; (2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate 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 Columbia, on its request.

40 U.S.C. § 603 Process for establishing motor vehicle pools and transportation systems

(a) Determination Requirement.—(1) In general.—The Administrator of General Services may carry out section 602 only if the Administrator determines, after consultation 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 determination under this section must be in writing. For each motor vehicle pool or system, the determination must set forth an analytical justification that includes—(A) a detailed comparison of estimated costs for present and proposed modes of operation; and (B) a showing that savings can be realized by the establishment, maintenance, and operation of a motor vehicle pool or system. (b) Regulations Related to Establishment.—(1) In general.—The President shall prescribe regulations establishing procedures to carry out section 602 of this title. (2) Elements of the regulations.—The regulations 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 directed by the President of any determination disputed by an agency, with the possibility that the decision may include a partial or complete exemption of the agency from the determination; and (C) enforcement of determinations that become effective under the regulations. (3) Effect of the regulations.—A determination under subsection (a) is binding on an agency only as provided in regulations issued under this subsection.

40 U.S.C. § 604 Treatment of assets taken over to establish motor vehicle pools and transportation systems

(a) Reimbursement.—(1) Requirement.—When the Administrator of General Services takes over motor vehicles or related equipment or supplies under section 602 of this title, reimbursement is required if the property is taken over from—(A) a Government corporation; or (B) an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law. (2) Amount.—The Administrator shall reimburse a Government corporation, or a fund through which an agency acquired property, by an amount equal to the fair market value of the property. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the Government corporation or the fund shall reimburse the Administrator by an amount equal to the fair market value of the property returned. (b) Addition to Acquisition Services Fund.—If the Administrator takes over motor vehicles or related equipment or supplies under section 602 of this title but reimbursement is not required under subsection (a), the value of the property taken over, as determined by the Administrator, may be added to the capital of the Acquisition Services Fund. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the value of the property may be deducted from the Fund.

40 U.S.C. § 605 Payment of costs

(a) Use of Acquisition Services Fund To Cover Costs.—The Acquisition Services Fund provided for in section 321 of this title is available for use by or under the direction and control of the Administrator of General Services to pay the costs of carrying out section 602 of this title, including the cost of purchasing or renting motor vehicles and related equipment and supplies. (b) Setting Prices To Recover Costs.—(1) In general.—The Administrator shall set prices for furnishing motor vehicles and related services under section 602 of this title. Prices shall be set to recover, so far as practicable, all costs of carrying out section 602 of this title. (2) Increment for replacement cost.—In the Administrator’s discretion, prices may include an increment for the estimated replacement cost of motor vehicles and related equipment and supplies. Notwithstanding section 321(f) of this title, the increment may be retained as a part of the capital of the Acquisition Services Fund but is available only to replace motor vehicles and related equipment and supplies. (c) Accounting Method.—The purchase price of motor vehicles and related equipment, and any increment for estimated replacement cost, shall be recovered only through charges for the cost of amortization. Costs shall be determined, and financial reports prepared, in accordance with the accrual accounting method.

40 U.S.C. § 606 Regulations related to operation

(a) In General.—The Director of the Office of Personnel Management shall prescribe regulations to govern executive agencies in authorizing civilian personnel to operate Federal Government-owned motor vehicles for official purposes within the States of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (b) Elements of the Regulations.—The regulations shall prescribe standards of physical fitness for authorized operators. The regulations may require operators and prospective operators to obtain state and local licenses or permits that are required to operate similar vehicles for other than official purposes. (c) Agency Orders.—The head of each executive agency shall issue orders and directives necessary for compliance with the regulations. The orders and directives shall provide for—(1) periodically testing the physical fitness of operators and prospective operators; and (2) suspension and revocation of authority to operate.

40 U.S.C. § 607 Records

The Administrator of General Services shall maintain an accurate record of the cost of establishing, maintaining, and operating each motor vehicle pool or system established under section 602 of this title.

40 U.S.C. § 608 Scrip, tokens, tickets

The Administrator of General Services, in the operation of motor vehicle pools or systems under this subchapter, may provide for the sale and use of scrip, tokens, tickets, and similar devices to collect payment.

40 U.S.C. § 609 Identification of vehicles

(a) In General.—Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used for official purposes within the United States, or the territories or possessions of the United States, by any federal agency or by the District of Columbia shall be conspicuously identified by showing, on the vehicle—(1)(A) the full name of the department, establishment, corporation, or agency that uses the vehicle and the service for which the vehicle is used; or (B) a title that readily identifies the department, establishment, corporation, or agency that uses the vehicle and that is descriptive of the service for which the vehicle is used; and (2) the legend “For official use only”. (b) Exceptions.—The regulations prescribed pursuant to this section may provide for exemptions when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used.

40 U.S.C. § 610 Discontinuance of motor vehicle pool or system

(a) In General.—The Administrator of General Services shall discontinue a motor vehicle pool or system if there are no actual savings realized (based on accounting as provided in section 605 of this title) during a reasonable period of not longer than two successive fiscal years. (b) Return of Comparable Property.—If a motor vehicle pool or system is discontinued, the Administrator shall return to each agency involved motor vehicles and related equipment and supplies similar in kind and reasonably comparable in value to any motor vehicles and related equipment and supplies which were previously taken over by the Administrator.

40 U.S.C. § 611 Duty to report violations

During the regular course of the duties of the Administrator of General Services, if the Administrator becomes aware of a violation of section 1343, 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the conversion by a Federal Government official or employee of a Government-owned or leased motor vehicle to the official or employee’s own use or to the use of others, the Administrator shall report the violation to the head of the agency in which the official or employee is employed, for further investigation and either appropriate disciplinary action under section 1343, 1344, or 1349(b) of title 31 or, if appropriate, referral to the Attorney General for prosecution under section 641 of title 18.

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