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Volume 68 · 1127

Public Law 83–766

To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize the Administrator of General Services to establish and operate motor vehicle pools and systems and to provide office furniture and furnishings when agencies are moved to new locations, to direct the Administrator to report the unauthorized use of Government motor vehicles, and to authorize the United States Civil Service Commission to regulate operators of Government-owned motor vehicles, and for other purposes.

Approved September 1, 1954

Statutory text

AN ACT

To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize the Administrator of General Services to establish and operate motor vehicle pools and systems and to provide office furniture and furnishings when agencies are moved to new locations, to direct the Administrator to report the unauthorized use of Government motor vehicles, and to authorize the United States Civil Service Commission to regulate operators of Government-owned motor vehicles, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 2 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 378), is amended by adding after the comma following the words “traffic management” the following: “establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas,”.

Sec. 2.

The text of section 211 of the Federal Property and Administrative Services Act of 1949, as added by the Act of September 5,

40 USC 491.

1950 (64 Stat. 583), is amended to read as follows:

“(a)

In order to carry out the policy, expressed in section 2 of this Act, to provide for an economical and efficient system for transportation of Government personnel and property, it is further intended by the Congress in enacting this section to (1) provide for the proper identification of Government motor vehicles; (2) establish effective means of limiting their use to official governmental purposes; (3) reduce the number of Government-owned vehicles to the minimum necessary for transaction of the public business; (4) provide wherever practicable for centrally operated interagency pools or systems for local transportation of Government personnel and property; and (5) establish procedures to insure safe operation of motor vehicles on Government business.

“(b)

Subject to regulations issued by the President pursuant to

Determinations by Administrator.

subsection (c), the Administrator shall in respect of executive agencies, and to the extent that he determines that so doing is advantageous to the Government in terms of economy, efficiency, or service, after consultation with and with due regard to the program activities of the agencies concerned, (1) 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 agencies; and (2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems for transportation of property or passengers, and for furnishing such motor vehicle and related services to executive agencies. Such motor vehicle services may be furnished, as determined by the Administrator, through the use, under rental or other arrangements, of motor vehicles of private fleet operators, taxicab companies, local or interstate common carriers, or Government-owned motor vehicles, or combinations thereof. The Administrator shall, so far as practicable, provide any of the services specified in this subsection to any Federal agency, mixed ownership corporation (as defined in the Government Corporation Control Act), or the District of Columbia, upon its

59 Stat. 600.

31 USC 856.

request.

“(c)

The President shall, within ninety days after the effective date

Regulations.

of this section, issue regulations under this section to establish procedures for the taking effect of determinations made by the Administrator pursuant to subsection (b). Such regulations shall provide for adequate notice to executive agencies of any determinations affecting them or their functions; for independent review and decision as directed by the President of any determination not mutually agreed upon between the Administrator and the agency concerned, including exemption of any agency, in whole or in part, from any determination; and for enforcement of determinations becoming effective under such regulations. No determination made pursuant to subsection (b) shall be binding upon any agency except as provided in such regulations.

“(d)

The General Supply Fund provided for in section 109 shall

Payment of costs.

63 Stat. 382.

5 USC 630g.

be available for use by or under the direction and control of the Administrator for paying all elements of cost (including the purchase or rental price of motor vehicles and other related equipment and supplies) incident to the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems for transportation of property or passengers, and to the furnishing of such motor vehicles and equipment and related services pursuant to subsection (b). Payments by requisitioning agencies so served shall be at prices fixed by the Administrator at levels which will recover so far as practicable all such elements of cost: Provided, That the purchase price of motor vehicles and other equipment specified in this subsection shall be recovered only through charge for the cost of amortization: And provided further, That such costs shall be determined in accordance with the accrual accounting method and financial reports shall be prepared on the basis of such accounting.

“(e)

Any determination made by the Administrator pursuant to

Justifications.

subsection (b) shall set forth in writing an analytical justification for the establishment, maintenance, and operation of each such motor vehicle pool and system. Such justification shall include a detailed comparison of estimated costs of present and proposed modes of operation, and a showing that savings can be realized by the establishment, maintenance, and operation of such pool or system.

“(f)

Whenever any such motor vehicle pool or system has been

Cost records.

established pursuant to subsection (b), the Administrator shall maintain accurate records of the cost of its establishment, maintenance, and operation. If, during any reasonable period, not exceeding two successive

Discontinuance when no savings realized.

fiscal years, no actual savings are realized on the basis of the accounting for costs provided in subsection (d) the Administrator shall discontinue such motor vehicle pool or system, and shall return to the agency or agencies involved motor vehicles and related equipment and supplies similar in kind and of a value reasonably comparable to the value of the motor vehicles and related equipment and supplies theretofore received by the Administrator from such agency or agencies.

“(g)

Whenever the Administrator takes over pursuant to subsection

Reimbursement for vehicles, etc.

(b) any motor vehicle or other related equipment or supplies from any Government corporation, or from any other agency if such vehicle, equipment or supplies have been acquired by such agency through expenditures made from, and not theretofore reimbursed to, any revolving or trust fund authorized by law, the Administrator shall reimburse such corporation or fund by an amount equal to the fair market value of the vehicle, equipment or supplies so taken over. If thereafter, pursuant to subsection (f), the Administrator returns to such corporation or agency any motor vehicle, equipment or supplies, the Administrator shall be reimbursed by the payment to him, by such corporation or from such fund, of an amount equal to the fair market value of the vehicle, equipment or supplies so returned.

“(h)

When reimbursement is not required under subsection (g), the value, as determined by the Administrator, of any motor vehicle or other related equipment or supplies taken over under authority of subsection (b) may be added to the capital of the General Supply Fund, and in the event that property similar in kind is subsequently returned pursuant to subsection (f), the value thereof may be deducted from the General Supply Fund.

“(i)

The Administrator, in the operation of motor vehicle pools or

Scrip, tokens, etc.

systems, may make provision for the furnishing, sale, and use of scrip, tokens, tickets, and similar devices for the making of payment by using agencies for services rendered by the Administrator in the transportation of property or passengers.

“(j)

The United States Civil Service Commission shall issue regulations

Operating regulations.

to govern executive agencies in authorizing civilian personnel to operate Government-owned motor vehicles for official purposes within the continental United States, its Territories, and possessions. Such regulations shall prescribe standards of physical fitness for authorized operators and may require operators and prospective operators to obtain such State and local licenses or permits as would be required for the operation by them of similar vehicles for other than official purposes. The head of each executive agency shall issue such orders and directives as may be necessary to comply with such regulations and shall make appropriate provision therein for periodically testing the physical fitness of operators and prospective operators and for the suspension and revocation of authorizations to operate.

“(k)

Under regulations prescribed by the Administrator, every

Identification.

motor vehicle acquired and used for official purposes within the United States, its Territories, or possessions, by any Federal agency or the District of Columbia shall be conspicuously identified by showing thereon either (1) the full name of the department, establishment, corporation, or agency by which it is used and the service in which it is used, or (2) a title descriptive of the service in which it is used if such title readily identifies the department, establishment, corporation, or agency concerned, and the legend ‘For official use only’:

Exemption.

Provided, That the regulations issued pursuant to this section may provide for exemptions from the requirement of this section when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used.

“(l)

Whenever, during the regular course of his duties, there shall

Violations.

come to the knowledge of the Administrator any violation of the

60 Stat. 810.

62 Stat. 725.

provisions of section 5 of the Act of July 16, 1914, as amended (5 U. S. C. 78), or of section 641 of title 18 of the United States Code involving the conversion by a Government official or employee of a Government-owned or leased motor vehicle to his own use or the use of others, the Administrator shall report such violation to the head of the agency in which the official or employee concerned is employed, for further investigation and either appropriate disciplinary action under such section 5 or, where appropriate, referral to the Attorney General for prosecution under such section 641.

“(m)

Members of the uniformed services (as defined in the Career

Uniformed services.

63 Stat. 802.

37 USC 231.

Compensation Act of 1949. as amended) may be directed by appropriate regulation of the head of the executive agency in which they are serving to secure transportation necessary in conducting official Government business within the limits of their duty stations. Expenses so incurred by such members for train, bus, streetcar, taxicab, ferry, bridge, and similar fares and tolls, or for use of privately owned vehicles at a fixed rate per mile, shall be defrayed by the agency in which they are serving, or the personnel so directed shall be reimbursed for such expenses.”

Sec. 3.

Section 210 of such Act, as amended, is amended by adding

64 Stat. 580.

40 USC 490.

at the end thereof the following new subsection:

“(g)

Whenever an agency, or an organizational unit thereof,

Office furniture.

occupying a substantial and identifiable segment of space (building, floor, wing, and so forth) in a location controlled for purposes of assignment of space by the Administrator, is moved to such a substantial and identifiable segment of space in the same or another location so controlled by the Administrator, furniture and furnishings used by the moving agency or unit shall be moved only if the Administrator, after consultation with the head of the agency concerned, and with due regard for the program activities of such agency, shall determine that suitable replacements cannot more economically and efficiently be made available in the new space. In the absence of such determination, suitable furniture and furnishings for the new space shall be provided, as the Administrator shall determine to be more economical and efficient, (1) from stocks under the control of the moving agency or (2) from stocks available to the Administrator, but the same or similar items shall not be provided from both sources. When furniture and furnishings are provided for the new space from stocks available to the Administrator, the items so provided shall remain in the control of the Administrator, and the furniture and furnishings previously used by the moving agency or unit and not moved to the new space shall pass to the control of the Administrator without reimbursement. When furniture and furnishings not so moved are carried as assets of a revolving or working capital fund at the time they pass to the control of the Administrator, the net book value thereof shall be written off and the capital of the fund diminished by the amount of such write-off. When furniture or furnishings which have been purchased from trust funds pass to the control of the Administrator pursuant to this subsection, reimbursement shall be made by the Administrator for the fair market value of such furniture and furnishings.”

Sec. 4.

Such Act, as amended, is further amended by—

(a)

Inserting in the caption for section 211 in the table of contents to such Act, immediately before the period at the end thereof, the words “and operation”.

(b)

Inserting at the end of the caption to the text of section 211

64 Stat. 583.

40 USC 491.

of such Act the words “and operation”.

(c)

Inserting at the end of section 3 thereof the following new

63 Stat. 378.

40 USC 472.

subsection:

“(l)

The term ‘motor vehicle’ means any vehicle, self-propelled or

“Motor vehicle.”

drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, exclusive or any vehicle designed or used for military field training, combat, or tactical imposes, or used principally within the confines of a regularly established military post, camp, or depot, and any vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties.”

Sec. 5.

Section 474 of title 14 of the United States Code and the

Repeals.

proviso

63 Stat. 532.

of

42 USC 214a.

section 204 of the Act of July 31, 1953 (67 Stat. 257), are hereby repealed.

Approved September 1, 1954.

Parsed from the official Statutes at Large USLM XML in 68.xml