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3-13.000
PROCUREMENT, PROPERTY, AND RECORDS MANAGEMENT

3-13.100 Delegation of Procurement Authority (DPA)
3-13.200 Property Management
3-13.232 Use by United States Attorney Offices of Forfeited Vehicles and Other Property
3-13.240 Seized Property
3-13.250 Evidence
3-13.300 Office Files
3-13.310 Comprehensive Retention Schedule
3-13.321 Standardized Forms
3-13.400 Reporting and Transcription Services
3-13.410 Use of Official Court Reporters
3-13.500 Motor Vehicle Management—Acquisition of Leased Government Vehicles
3-13.512 Motor Vehicle Management—References
3-13.520 Motor Vehicle Management—Internal Control of Vehicles—Logging Requirements
3-13.530 Official Use of Government Vehicles

3-13.100

Delegation of Procurement Authority (DPA)

United States Attorneys are delegated procurement authority by the Director, Procurement Services Staff (PSS), Justice Management Division (JMD) in accordance with Federal Acquisition Regulations (FAR), Title 48 Code of Federal Regulations (CFR) Part 13 and the Justice Acquisition Regulations (JAR).

United States Attorneys may redelegate this procurement authority to other individuals provided the redelegation states that the authority may not be further redelegated. When the United States Attorney redelegates this authority, a copy of the redelegation and the certificate of completion of the requisite training, (40 hours Simplified Acquisitions Course) shall be provided to the Director, PSS, JMD. Upon receipt, PSS will issue a Certificate of Appointment as a Contracting Officer for the United States of America to the individual(s) to whom this authority is redelegated.

For further information on this topic, and guidance on printing regulations, see the EOUSA Resource Manual at 113.

[cited in USAM 3-1.200; EOUSA Resource Manual 113]

3-13.200

Property Management

The Federal Property Management Regulations (FPMRs) CFR, Title 41, Chapter 101, and the Justice Property Regulations (JPMRs) Chapter 128-1 govern and guide Federal agencies in the acquisition, utilization management, and disposal of real and personal property. Property management includes inventory; accountability of property; excess property; loss or stolen property; and disposal of damaged property.

Further Guidance on Property Management can be found in the EOUSA Resource Manual

Property Management Definitions EOUSA Resource Manual at 114
Property Management Responsibilities EOUSA Resource Manual at 115
Property Management—Physical Inventories EOUSA Resource Manual at 116
Property Management—Conducting Physical Inventories EOUSA Resource Manual at 117

3-13.232

Use by United States Attorney Offices of Forfeited Vehicles and Other Property

Title 40 U.S.C. Section 304(h) authorizes a federal agency to retain forfeited property for official use. Title 28 U.S.C. Sec. 881(e)(1) also allows the Attorney General to retain forfeited property for official use. Title 40 U.S.C. Section 304(i) allows the government to apply to the court to order delivery of forfeited property "to any other agency which requests and in his judgment should be given such property," and, if the government prevails in the forfeiture action, the court "should . . . order delivery accordingly."

All requests for official use by any United States Attorney's Office of any type of forfeited property shall be submitted to the Assistant Director, Facilities Management and Support Services, EOUSA for prior approval. This includes any vehicle or other property which may presently be utilized without prior approval. For further guidance, see the EOUSA Resource Manual at 186.

[cited in USAM 3-1.200]

[updated August 1999]

3-13.240

Seized Property

All seized property is the responsibility of the U.S. Marshal's Service and should be in its custody at all times.

The United States Attorney should, upon request, furnish the U.S. Marshal with information as to the probable disposition date of cases in which seized property is involved, and the reasons for delays in termination.

3-13.250

Evidence

Normally, United States Attorneys' offices (USAOs) should not have custody of evidence. Under most circumstances, evidence should remain in the custody of the investigating agency. When evidence is required in court the agencies handling the case, or other representative of the investigating agency, should bring the evidence and retain custody until the material is introduced as evidence, at which point it becomes the responsibility of the United States Marshal, the Clerk, and the Court.

Timely arrangements shall be made with the United States Marshals Service (USMS), or other agencies subject to the court's policy, for the storage of all evidence pending its formal disposition by court order, except drugs. If the evidence involves drugs or drug paraphernalia, such evidence will remain in the custody of the federal agent in charge of the case, who will ensure the integrity of the evidence is secured and all evidence is present at the court proceeding.

Documentary Evidence

Generally, the only occasion when evidence might be stored in the USAO is when documentary evidence, secured under a grand jury subpoena, is delivered into the custody of the United States Attorney. As long as such documentary evidence is needed, it should be kept under appropriate security arrangements. As soon as there is no further need for the evidence, such as when a determination is made that evidence will not be introduced and is unnecessary, it should be returned to the owner. Exhibits and abandoned or unclaimed property, in connection with litigation, which the USAO cannot return to its lawful owner, should be turned over to the USMS for disposal.

If additional space is needed to store such evidence, the usual procedures for procurement of space should be followed.

Physical Evidence

USAOs may be authorized storage of physical evidence under exceptional circumstances and for such short periods of time as necessary to present the evidence to the court or grand jury.

When accepting the custody of evidence is justified, USAOs shall, as a minimum, initiate the following procedures:

(1) Establish and maintain a permanent log of evidence transferred to and from their custody;

(2) Issue, as well as require, receipts for evidence transferred to and from their custody;

(3) Ensure all evidence is stored in secure facilities.

Sensitive High-Risk Physical Evidence

Storage of sensitive high-risk physical evidence, such as weapons, drugs, cash, negotiable instruments, or any other dangerous or valuable items, in USAOs is strongly discouraged. However, under exceptional circumstances storage may be allowed in areas and containers which have been approved by the Executive Office for United States Attorneys (EOUSA) and meet the following conditions:

(1) A one-time written request by the United States Attorney to EOUSA with full justification for the need to establish a sensitive high-risk storage area is approved by the Director, EOUSA;

(2) Written certification by the District Office Security Manager that the proposed storage area and containers meet EOUSA's sensitive high-risk physical evidence storage standards will satisfy interim certification requirements. Completion of a one-time, on-site security survey by the Security Programs Staff (SPS), EOUSA is required prior to final certification of the area;

(3) A written agreement between the USAO and the Special Agent-in-Charge or appropriate supervisory official of the investigative agency, requiring the storage of sensitive high-risk physical evidence. The agreement will state the USAO will not assume custody of the evidence, but will only provide storage facilities which will allow the agency to retain complete custody of, and full control over, access to the sensitive high-risk physical evidence;

(4) A one-time review and approval by SPS of the office's operational and administrative procedures for the storage of sensitive high-risk physical evidence to ensure compliance with EOUSA guidelines.

Under no circumstances will the storage of explosives, high quantities of ammunition, flammable devices, or chemicals be allowed.

[updated July 2000]

3-13.300

Office Files

The records and files of all United States Attorneys' offices should be maintained in current and orderly manner, and shall be disposed of in accordance with the General Records Schedules issued by the National Archives and Records Administration (NARA), or the comprehensive retention schedule for United States Attorneys' records (USAM 3-13.310). Non-record materials, e.g., obsolete forms, publications, extra copies of correspondence and duplicate copies may be destroyed without disposition authority.

Further guidance on these issues can be found in the EOUSA Resource Manual

Docket Records EOUSA Resource Manual at 119
Case Files EOUSA Resource Manual at 120
Maintenance of Attorney-Client
Information
EOUSA Resource Manual at 121
Closing Notice for Case Files EOUSA Resource Manual at 122
Designation of Permanent
(Historical) Cases
EOUSA Resource Manual at 123
Preparing Records for Transfer
to the Federal Records Center
(FRC)
EOUSA Resource Manual at 124
Boxing Records for Transfer EOUSA Resource Manual at 125
Standard Form 135, Records
Transmittal and Receipt
EOUSA Resource Manual at 126

[updated December 1998]

3-13.310

Comprehensive Retention Schedule

ItemABC
Record Series Description Disposition Instruction
1 Closed civil and criminal case files before 1889.

(including bankruptcy).

Case files initiated before 1989. PERMANENT. Offer immediately to the National Archives and Records Administration (NARA). (NC-118-76-1(1a))
2 Case files for territorial periods 1912 and earlier. PERMANENT. Offer immediately to NARA. (NC1-118-83-1(1))
3 Case files selected as significant because the issue had an impact on a statute, rule, regulation, or law enforcement policy, e.g., set a precedent, or received local, regional or national media attention, or the interest of a Congressional committee or the Executive Office of the President, or widespread public interest. Includes case files closed by the former Strike Force Field Offices prior to 12-31-89. PERMANENT. Transfer separately from other case files to the Federal Records Center (FRC) one year after case is closed. Offer to NARA 30 years after case is closed. (NC1- 118-76-1(1c)) (N1-118- 90-1(1a))
4 Case files involving sentences of 10 years or less (including no sentence and civil cases), which have not been selected as significant. Includes case files closed by former Strike Force Field Offices prior to 12- 31-89. Transfer separately by year of closing to the FRC one year after case is closed. Destroy 10 years after case is closed. Include the following statement in column 6(f). Form SF-135: "CASE(S) HAVE BEEN REVIEWED FOR HISTORICAL VALUE AND NONE ARE SIGNIFICANT IN TERMS OF LEGAL IMPACT OR INTENSITY OF PUBLIC INTEREST." (NC-118-76-1(1)) (N1-118-90-1(1b(1))
5 Case files involving sentences of more than 10 years (excluding life sentence cases), which have not been selected as significant. Includes case files closed by former Strike Force Field Offices prior to 12-31-89. Transfer separately by year of closing to the FRC one year after case is closed. Destroy one year after termination of sentence, including special parole. Include the following statement in column 6(f), Form SF-135, CLOSE CASE(S) INVOLVING SENTENCES THAT END IN THE YEAR __. CASES (S) HAVE BEEN REVIEWED FOR HISTORICAL VALUE AND NONE ARE SIGNIFICANT IN TERMS OF LEGAL IMPACT OR INTENSITY OF PUBLIC INTEREST. (NC-118-76-1(1d(2)) (N1-118-90-1(1b(2))
6 Case files involving life sentences not selected as significant. Transfer separately to the FRC one year after case is closed. Destroy 65 years after case is closed, or one year after death of offender, whichever is sooner. (N1-118-89- 2(2))
7 Outstanding fugitives warrant criminal case files. Case files selected as significant because the issue had an impact on a statute, rule, regulation, or law enforcement policy, e.g., set a precedent; or received local, regional or national media attention, or the interest of a Congressional committee or the Executive Office of the President, or widespread public interest. U.S. Attorneys may, based on space constraints, transfer to the FRC under separate accession, five years after an outstanding fugitive warrant is issued and the fugitive has not been apprehended. Transfer to NARA 50 years after an outstanding fugitive warrant is issued and the fugitive has been apprehended or upon the death of the fugitive, whichever is sooner. (NOTE SPECIAL PROCEDURE. If the fugitive is apprehended within the 50 year retention period, the entire case will be permanently withdrawn from the FRC. Upon completion of litigation, the closed case will be transferred to the FRC under a new accession, using the disposition authority for closed significant cases, item 3.) (N1-118-91- 1(1a))
8 Case files that do not meet the criteria for significant cases. U.S. Attorneys may, based on space constraints, and provided the volume of each case is more than two cubic feet, transfer to the FRC under separate accession, five years after an outstanding fugitive warrant is issued and the fugitive has not been apprehended. Destroy 50 years after an outstanding fugitive warrant is issued the fugitive has not been apprehended, or upon the death of the fugitive, whichever is sooner. (NOTE SPECIAL PROCEDURE. If the fugitive is apprehended within the 50 year retention period, the entire case will be permanently withdrawn from the FRC. Upon completion of litigation, the closed case will be transferred to the FRC under a new accession using the disposal authority in item 3,4,5, or 6, whichever is appropriate for the case at that time.) (N1-118-91-1(1b))
9 Environment and National Resources records. Environment and Natural Resources case files assigned to the U.S. Attorney for litigation by the Chief, Land Acquisition Section, Environment and Natural Resources Division. Case files consist of appraisal reports, pleadings, transcripts of hearings, copies of title evidence, correspondence, exhibits, trial data, and related papers. Transfer to the FRC on year after case is closed. Destroy 25 years after case is closed. (NC1-118-84-2(1))
10 Environment matter files that are not handled solely by the U.S. Attorney, containing copies of various documents filed elsewhere, established and used only for reference or informational purposes. Transfer to the FRC one year after case is closed. Destroy five years after the case is closed. (NC1-118-84-2(2))
11 Rental files, consisting of collection documents and working papers of property rentals in Government housing projects and other property controlled by the Government, turned over to the Environment and Natural Resources Division for collection. Destroy five years after the termination of the Government's use of the property and the distribution of the rent paid therefor. (II-NNA-2083(2))
12 Disbursement files, consisting of schedules and related papers pertaining to payments for properties purchased or occupied on rental basis. Transfer to the FRC one year after payment. Destroy five years after payment. (II-NNA-2083(3))
13 Grand jury records, including special grand juries created by statutes dated 1889 and later. NOTE. Excludes those filed as part of a criminal case file, which receives the same disposition as the case to which it relates. Includes minutes, dockets, notes, shorthand notes on proceedings and transcripts of proceedings, documentary exhibits, manual or electronic recordings, translations, typewriter ribbons used to transcribe testimony, or any other recording or transcription of proceedings before the grand jury which cannot be disclosed unless provided by Rule 6(e) of the Federal Rules of Criminal Procedure. Transfer to the FRC one year after closing. Destroy 10 years after closing. (NC1-118-83-1(2))
14 Closed grand jury ignoramuses (duplicated). (IGNORAMUS. Lat. Formerly the grand jury used to write this word on bills of indictment when, after having heard the evidence, they thought the accusation against the prisoner was groundless, intimating that, though the facts might possible be true, the truth did not appear to them; but now they usually write in English the words "Not a true bill," or "Not found," if that is their verdict.) Destroy when three years old. (344- (T91(1))
15 Financial litigation records. Debt collection records which are maintained separately from litigation case files. May include claims collection litigation report; certificate of indebtedness; satisfaction of judgement or certificate of discharge; court and related legal documents such as consent judgements, orders, briefs, pleadings and settlement agreements; status reports and correspondence; Forms USA-117A, Criminal Debtor Card; USA-117B, Civil Debtor Card; and any other documentation developed during the negotiation, compromise, settlement and/or litigation of the indebtedness. Also included may be records maintained by private counsel under the Federal Debt Recovery Act of 1986, and which are turned over to the U.S. Attorney at the completion of debt collection efforts. Transfer to the FRC one year after close of debt collection case. Destroy six years after close of debt collection case. (N1-118-89-3(1))
16 Automated data base information, containing data extracted from the case file and any data generated or developed to support the administrative operations of the debt collection program. Information may include personal data, e.g., name, social security number, date of birth and locator data; claim information; payment demand information; account information; and any other data related to the negotiation, compromise, settlement and litigation of indebtedness owed the United States. Erase automated information from the data base six years after close of the debt collection case file. (N1-118-89-3(2))
17 Payment process files and other debt collection records, which are established and maintained separately from the litigation case file, e.g., deposit tickets, check registers, bank statements and reconciliations. May be transferred to the FRC one year after the close of the fiscal year. Destroy six years after the close of the fiscal year. (N1-118-89-3(3))
18 Investigative reports. Investigative reports that are not filed as part of any litigation case file. Transfer to the FRC when one year old. Destroy when five years old. (346-S45(2))
19 Second offense cards When maintained. Destroy when 15 years old. (346-S45(7))
20 Docket records, e.g., Forms USA-115, Criminal Complaint and Court Proceedings Record; and USA-116, Civil Claim and Court Proceedings Record For criminal case files involving sentences of 10 years or less (including no sentence), and civil cases. May be transferred to the FRC one year after close of case. Destroy 10 years after close of case. (NC1-118-83-2(1))
21 For criminal case files involving sentences of more than 10 years. May be transferred to the FRC one year after close of case. Destroy one year after termination of sentence. (NC1-118-93-2(2))
22 For cases designated as permanent. Retain in U.S. Attorney office until the case file is offered and accepted by NARA, then destroy. (NC1-118-83-2(3))
23 Grand and petit jury witness dockets. May be transferred to the FRC one year after case is closed. Destroy five years after case is closed. (346-S45(10))
24 Removal case files. Containing requests for removal from one district to another of a person or persons against whom a criminal complaint, indictment or information has been filed in another district. Transfer to FRC after one year. Destroy when 10 years old. (346-S45(14))
25 Alphabetical index cards. When maintained on criminal, civil and complaints files. Destroy 10 years after close of case. (NC1-118-78-1(5))
26 Statistical records, e.g., Form USA-5, Monthly Statistical Report of U.S. Attorney. Duplicate copies of statistical files and records of the U.S. Attorney consisting of copies of initial and final criminal docket reports; statistical summaries of criminal and civil cases; financial summaries; and lists of pending criminal cases. May be transferred to the FRC one year after the date of the report. Destroy five years after the date of the report. (346- S45(16))
27 Files of hearing officers created pursuant to Section 5(g) of the Selective Training and Service Act of 1940, to hear claims of conscientious objectors from military training and service. Consists of copies of hearing officers- reports and related papers, including copies of notices to conscientious objectors and replies thereto concerning dates and places of hearing, docket sheets, notes and related materials. 1940 - March 31, 1947. Destroy immediately. (347-223(1))
28 Copies of Selective Service forms. Forms, e.g., DSS Form 551 showing records of delinquents under the Selective Training and Service Act of 1940, sent by local boards to U.S. Attorneys' offices, and copies of their letters of acknowledgment. October 1940 - May 1947. Destroy immediately. (348-42(1))
29 Case files and general records pertaining to the arrest, detention and/or internment of alien enemies during World War I under the provisions of Section 12 of the President's Proclamation of April 6, 1917, and supplementary proclam- ations of December 11, 1917 and April 19, 1918. Includes copies of official circulars and replies thereto, requests for and copies of Presidential warrants, receipts for prisoners, applications for and orders of parole, parole bonds, applications for exemption from classification of alien enemy, reports of Federal investigative agencies, alien report cards, testimony war zone passes, copies of declarations of intention of naturalization, correspondence, and related papers. 1917 - 1920. Destroy immediately. (348-66(1))
30 Records pertaining to the arrest, detention, internment of alien enemies during World War II. Includes copies of Presidential warrants, receipts for prisoners, applications for and orders of parole, investigative reports, applications for permission to travel, notices of change of address, documents related to the seizure of contraband and all other material related thereto. 1941 - 1945. Destroy immediately. (352-87(1))
31 Federal Prosecutor's Management Information System (PROMIS) for all U.S. Attorney offices except the District of Columbia. Individual case information. PERMANENT. Delete from U.S. Attorneys' office files two years after close of case and after pertinent information has been printed. Offer printed records to NARA for permanent retention when 10 years old. (NC1-60-83-8(2b(1))
32 Tapes and diskettes containing core date sent to the Executive Office for U.S. Attorneys (EOUSA). PERMANENT. Offer year end consolidated master files (on computer tape) with necessary documentation at EOUSA to NARA for permanent retention annually. (NC1-60-83-8(2b(2))
33 Core data sent to EOUSA which is consolidated and incorporated into the Docket and Reporting Data Base. PERMANENT. Offer year and master file and necessary documentation to NARA annually. Release of criminal investigatory records contained in the system is subject to provisions of 36 CFR 1256.18. (NC1-60- 83-8(2b(3))
34 PROMIS for the U.S. Attorney, District of Columbia only. Defendant record, case record, charge record, continuance record and witness/victim record. PERMANENT. Offer to NARA with necessary documentation 15 years from the final disposition date, e.g., the date on which the defendant is found guilty or not guilty, the date of the plea bargain agreement, or the date the case is dismissed or nolled. (NC1-60- 83-8(2a))
35 Docket and Reporting Data Base, Executive Office for U.S. Attorneys only. Criminal and civil master files, the collections master file, and the transaction log file. PERMANENT. Offer year end master file and necessary documentation to NARA annually. Release of criminal investigatory records contained in the system is subject to provisions of 36 CFR 1256.18. (NC1-60-83-8(1))

Areas Served Federal records center Areas served Federal records center
District of Columbia, Maryland, West Virginia, and Virginia (except U.S. Court records). (Mailing address only) Washington National Records Center
Washington, DC 20409

(Shipping address only) Washington National Records Center
4205 Suitland Road
Suitland, MD

Kansas, Iowa, Nebraska, and Missouri except greater St. Louis area. Federal Records center
2312 East Bannister Rd.
Kansas City, MO 64131
Texas, Oklahoma, Arkansas, Louisiana, and New Mexico. Federal Records Center
P.O. Box 6216
Fort worth, TX 76115
Colorado, Wyoming, Utah, Montana, North Dakota, and South Dakota. Federal Records Center
Bldg. 48
Denver Federal Center
P.O. Box 25307
Denver, CO 80225
Personnel records, medical and pay records of all Federal Government personnel. Records of agencies in greater St. Louis, MO area. National Personnel Records Center
111 Winnebago St.
St. Louis, MO 63118
Nevada except Clark County, California except southern California, and American Samoa. Federal Records Center
1000 Commodore Dr.
San Bruno, CA 94066
Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island. Federal Records Center
380 Trapelo Rd.
Waltham, MA 02154
Arizona, Clark County, Nevada, and southern California (counties of San Luis Obisbo, Kern, San Bernadino, Santa Barbara, Ventura, Orange, Los Angeles, Riverside, Inyo, Imperial, and San Diego). Federal Records Center
24000 Avila Rd.
Laguna Niguel, CA 92677
New York, New Jersey, Puerto Rico and the Virgin Islands. Federal Records Center
Military Ocean
Terminal Building 22
Bayonne, NJ 07002
Washington, Oregon, Idaho, Alaska, Hawaii, and Pacific Ocean area (except American Samoa) Federal Records Center
6125 Sand Point Way
Seattle, WA 98115
Delaware, Pennsylvania, and U.S. Court records for Maryland, Virginia, and West Virginia. Federal Records Center
5000 Wissahicken Ave.
Philadelphia, PA 19144
Illinois, Wisconsin, Minnesota, and U.S. Court Records for Indiana, Michigan, and Ohio Federal Records Center
7358 South Pulaski Rd.
Chicago, IL 60629
North Carolina, South Carolina, Tennessee, Mississippi, Alabama, Georgia, Florida, and Kentucky. Federal Records Center
1557 St. Joseph Ave.
East Point, GA 30044
Indiana, Michigan, and Ohio, except for U.S. Court records 3150 Bertwynn Dr.
Dayton, OH 45439

[cited in EOUSA Resource Manual 126]

3-13.321

Standardized Forms

See the EOUSA Resource Manual at 127.

3-13.400

Reporting and Transcription Services

Pursuant to the Federal Acquisition Regulation (FAR), contracts for reporting services for grand jury sessions and/or depositions will be competed and awarded using a Blanket Purchase Agreement (BPA) if the requirements do not exceed $100,000 per fiscal year. For all requirements that exceed $100,000 and for special conditions where the awarding of a BPA is not feasible, requirements and an OBD-186, should be forwarded to Procurement Services Staff (PSS), JMD, for the awarding of a formal contract. District personnel should review their Delegation of Procurement Authority (DPA) for guidance.

See also the EOUSA Resource Manual at 128.

3-13.410

Use of Official Court Reporters

Be advised that all services such as Grand Jury, deposition and other reporting services not normally provided through official court proceedings may not be obtained by use of the services of an official court reporter or a firm owned by an official court reporter. This requirement is based on the section 3.601 of the Federal Acquisition Regulations (FAR) which prohibits this action. See the EOUSA Resource Manual at 129.

3-13.500

Motor Vehicle Management—Acquisition of Leased Government Vehicles

USAOs have been delegated authority to acquire leased motor vehicles from their local GSA Fleet Management Office. Code of Federal Regulations 101-38.103 authorizes use of only Class II compact sedans. Mini vans and 4X4 sport utility vehicles may only be acquired if special needs exist; i.e., weather or transportation of large parcels that will not fit in a compact sedan. Because these vehicles are more expensive than the Class II compact sedans, special needs must be documented.

If a vehicle is not available from your local GSA Fleet Management Office, the vehicle may be available through the Department of Justice Commercial Lease Program. Requests for vehicles unavailable from the local GSA Fleet Management Office must be submitted in writing to the Executive Office for United States Attorneys, Attention: Assistant Director, Facilities Management and Support Services (FMSS).

Funding for leased vehicles comes from the district's travel budget. See the EOUSA Resource Manual at 150 for further discussion.

[cited in EOUSA Resource Manual 150]

3-13.512

Motor Vehicle Management—References

  1. 41 C.F.R. Subpart 101-26.501-9 Centralized Motor Vehicle Leasing Program

  2. 41 C.F.R. Subpart 101-38.101 Acquisition of Motor Vehicles

  3. 41 C.F.R. Subpart 101-38.103 Mandatory Provisions Affecting the Acquisition and Use of Motor Vehicles.

  4. 41 C.F.R. Subpart 101-38.3 Official Use of Government Motor Vehicles

  5. 41 C.F.R. Subpart 101-39.2 GSA Interagency Fleet Management System Services

  6. Executive Order 13043, dated April 16, 1997, Federal Employees Use of Seat Belts While on Official Business

[updated May 1998]

3-13.520

Motor Vehicle Management—Internal Control of Vehicles—Logging Requirements

Each district that has motor vehicles will establish necessary procedures to maintain logs on the use of government vehicles which are utilized within the district and also to establish any home-to-work transportation used for official purposes.

The log shall be accessible for audit and contain at least the following information:

  1. Date/Time (out and in);

  2. Name and title of employee;

  3. Name and title of person authorizing use;

  4. Vehicle identification;

  5. Vehicle destination;

  6. Odometer reading (beginning and end);

  7. Purpose (including circumstances requiring home-to-work uses

3-13.530

Official Use of Government Vehicles

Employees of the United States Attorneys' Offices and the Executive Office for the United States Attorneys, are not authorized under government regulations (41C.F.R. 101-6) to use government vehicles for travel between residence and place of work. Commuting to and from work is considered a personal matter and not an official act. Except for a few narrow exceptions, government vehicles cannot be used for personal purposes. See the EOUSA Resource Manual at 130 for guidance on authorized uses of government vehicles. See also the EOUSA Resource Manual at 151 (using state license plates on official government vehicles). See also the EOUSA Resource manual at 151/2151 (using state licence plates on official government vehicles).

President Clinton on April 16, 1997 issued Executive order 13043, mandating the policy that each Federal employee occupying any seating position of a motor vehicle on official business, whose seat is equipped with a seat belt, shall have the seat belt properly fastened at all times when the vehicle is in motion. See the EOUSA Resource Manual at 154.

[updated February 1999] [cited in USAM 3-1.200; EOUSA Resource Manual 130]