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

Page 84 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 604 In subsection (b)(1), the words ‘‘within ninety days after the effective date of this section’’ are omitted as obsolete. § 604. Treatment of assets taken over to establish motor vehicle pools and transportation sys- tems (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 author- ized by law. (2) AMOUNT.—The Administrator shall reim- burse 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 subse- quently 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 re- quired under subsection (a), the value of the property taken over, as determined by the Ad- ministrator, 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122; Pub. L. 109–313, § 3(h)(5), Oct. 6, 2006, 120 Stat. 1736.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 604(a) ......... 40:491(g). June 30, 1949, ch. 288, title II, § 211(g), (h), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128. 604(b) ......... 40:491(h). Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–313 substituted ‘‘Acqui- sition Services Fund’’ for ‘‘General Supply Fund’’ in heading and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Orga- nization and Employees. § 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 avail- able for use by or under the direction and con- trol 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 sup- plies. (b) SETTING PRICES TO RECOVER COSTS.— (1) IN GENERAL.—The Administrator shall set prices for furnishing motor vehicles and re- lated services under section 602 of this title. Prices shall be set to recover, so far as prac- ticable, all costs of carrying out section 602 of this title. (2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s discretion, prices may in- clude an increment for the estimated replace- ment cost of motor vehicles and related equip- ment and supplies. Notwithstanding section 321(f) of this title, the increment may be re- tained as a part of the capital of the Acquisi- tion Services Fund but is available only to re- place 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123; Pub. L. 109–313, § 3(h)(6), Oct. 6, 2006, 120 Stat. 1736.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 605 ............. 40:491(d). June 30, 1949, ch. 288, title II, § 211(d), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1127; Pub. L. 95–506, Oct. 24, 1978, 92 Stat. 1756. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–313, § 3(h)(6)(A), sub- stituted ‘‘Acquisition Services Fund’’ for ‘‘General Sup- ply Fund’’ in heading and text. Subsec. (b)(2). Pub. L. 109–313, § 3(h)(6)(B), substituted ‘‘321(f)’’ for ‘‘321(f)(1)’’ and ‘‘Acquisition Services Fund’’ for ‘‘General Supply Fund’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Orga- nization and Employees. § 606. Regulations related to operation (a) IN GENERAL.—The Director of the Office of Personnel Management shall prescribe regula- tions to govern executive agencies in author- izing civilian personnel to operate Federal Gov- ernment-owned motor vehicles for official pur- poses within the States of the United States, the District of Columbia, Puerto Rico, and the terri- tories and possessions of the United States. (b) ELEMENTS OF THE REGULATIONS.—The regu- lations shall prescribe standards of physical fit- Page 85 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 611 ness 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 execu- tive agency shall issue orders and directives nec- essary 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 606 ............. 40:491(j). June 30, 1949, ch. 288, title II, § 211(j), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128; Pub. L. 86–624, § 27(b), July 12, 1960, 74 Stat. 418. In subsection (a), the words ‘‘Director of the Office of Personnel Management’’ are substituted for ‘‘United States Civil Service Commission’’ in section 211(j) of the Federal Property and Administrative Services Act of 1949 because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783). The words ‘‘territories and’’ are added for consistency in the re- vised title and with other titles of the United States Code. § 607. Records The Administrator of General Services shall maintain an accurate record of the cost of estab- lishing, maintaining, and operating each motor vehicle pool or system established under section 602 of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 607 ............. 40:491(f) (1st sen- tence). June 30, 1949, ch. 288, title II, § 211(f) (1st sentence), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1127. § 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 de- vices to collect payment. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 608 ............. 40:491(i). June 30, 1949, ch. 288, title II, § 211(i), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128. § 609. Identification of vehicles (a) IN GENERAL.—Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used for official pur- poses within the United States, or the terri- tories or possessions of the United States, by any federal agency or by the District of Colum- bia shall be conspicuously identified by showing, on the vehicle— (1)(A) the full name of the department, es- tablishment, corporation, or agency that uses the vehicle and the service for which the vehi- cle is used; or (B) a title that readily identifies the depart- ment, 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 exemp- tions when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 609 ............. 40:491(k). June 30, 1949, ch. 288, title II, § 211(k), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128. § 610. Discontinuance of motor vehicle pool or system (a) IN GENERAL.—The Administrator of Gen- eral Services shall discontinue a motor vehicle pool or system if there are no actual savings re- alized (based on accounting as provided in sec- tion 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 pre- viously taken over by the Administrator. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 610 ............. 40:491(f) (last sen- tence). June 30, 1949, ch. 288, title II, § 211(f) (last sentence), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1127. § 611. Duty to report violations During the regular course of the duties of the Administrator of General Services, if the Ad- ministrator becomes aware of a violation of sec- tion 1343, 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the conversion by a Fed- eral Government official or employee of a Gov- ernment-owned or leased motor vehicle to the official or employee’s own use or to the use of others, the Administrator shall report the viola- tion to the head of the agency in which the offi- cial or employee is employed, for further inves-