H. R. 2068—61
(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.
§ 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 deter-
mination 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 determina-
tion; 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.
§ 604. Treatment of assets taken over to establish motor
vehicle pools and transportation systems
(a) REIMBURSEMENT.—
(1) REQUIREMENT.—When the Administrator of General Serv-
ices 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 Govern-
ment corporation, or a fund through which an agency acquired
property, by an amount equal to the fair market value of
H. R. 2068—62
the property. If the Administrator subsequently returns prop-
erty 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 GENERAL SUPPLY 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 General
Supply 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.
§ 605. Payment of costs
(a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The Gen-
eral Supply 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 fur-
nishing 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 Administra-
tor’s discretion, prices may include an increment for the esti-
mated replacement cost of motor vehicles and related equip-
ment and supplies. Notwithstanding section 321(f)(1) of this
title, the increment may be retained as a part of the capital
of the General Supply 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 replace-
ment 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.
§ 606. Regulations related to operation
(a) IN GENERAL.—The Director of the Office of Personnel Manage-
ment 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 pre-
scribe 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 regula-
tions. 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.
H. R. 2068—63
§ 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.
§ 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.
§ 609. Identification of vehicles
(a) IN GENERAL.—Under regulations prescribed by the Adminis-
trator 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, cor-
poration, or agency that uses the vehicle and the service for
which the vehicle is used; or
(B) a title that readily identifies the department, establish-
ment, 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.
§ 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.
§ 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 viola-
tion 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 investiga-
tion and either appropriate disciplinary action under section 1343,
1344, or 1349(b) or, if appropriate, referral to the Attorney General
for prosecution under section 641.
H. R. 2068—64
CHAPTER 7—FOREIGN EXCESS PROPERTY
Sec.
701.
Administrative.
702.
Return of foreign excess property to United States.
703.
Donation of medical supplies for use in foreign country.
704.
Other methods of disposal.
705.
Handling of proceeds from disposal.
§ 701. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may
prescribe policies that the President considers necessary to carry
out this chapter. The policies must be consistent with this chapter.
(b) EXECUTIVE AGENCY RESPONSIBILITY.—
(1) IN GENERAL.—The head of an executive agency that has
foreign excess property is responsible for the disposal of the
property.
(2) CONFORMANCE TO POLICIES.—In carrying out functions
under this chapter, the head of an executive agency shall—
(A) use the policies prescribed by the President under
subsection (a) for guidance; and
(B) dispose of foreign excess property in a manner that
conforms to the foreign policy of the United States.
(3) DELEGATION OF AUTHORITY.—The head of an executive
agency may—
(A) delegate authority conferred by this chapter to an
official in the agency or to the head of another executive
agency; and
(B) authorize successive redelegation of authority con-
ferred by this chapter.
(4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out
this chapter, the head of an executive agency may—
(A) appoint and fix the pay of personnel in the United
States, subject to chapters 33 and 51 and subchapter III
of chapter 53 of title 5; and
(B) appoint personnel outside the States of the United
States and the District of Columbia, without regard to
chapter 33 of title 5.
(c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—
(1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary
of State may use foreign currencies and credits acquired by
the United States under section 704(b)(2) of this title—
(A) to carry out the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2451 et seq.);
(B) to carry out the Foreign Service Buildings Act, 1926
(22 U.S.C. 292 et seq.); and
(C) to pay other governmental expenses payable in local
currencies.
(2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise
directed by the President, the Secretary of State shall continue
to perform functions under agreements in effect on July 1,
1949, related to the disposal of foreign excess property. The
Secretary of State may amend, modify, and renew the agree-
ments. Foreign currencies or credits the Secretary of State
acquires under the agreements shall be administered in accord-
ance with procedures that the Secretary of the Treasury may
establish. Foreign currencies or credits reduced to United States
currency must be deposited in the Treasury as miscellaneous
receipts.