40 U.S.C. § 603 — Process for establishing motor vehicle

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). 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-