[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]
41
Public Contracts and Property Management
[[Page i]]
CHAPTERS 102 TO 200
Revised as of July 1, 1997
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1997
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1997
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 41:
Subtitle C--Federal Property Management Regulations
System (Continued):
Chapters 102--104 [Reserved]
Chapter 105--General Services Administration 7
Chapter 109--Department of Energy Property
Management Regulations 181
Chapter 114--Department of the Interior 271
Chapter 115--Environmental Protection Agency 273
Chapter 128--Department of Justice 275
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
Finding Aids:
Table of CFR Titles and Chapters.......................... 293
Alphabetical List of Agencies Appearing in the CFR........ 309
Redesignation Table....................................... 319
List of CFR Sections Affected............................. 321
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Cite this Code: CFR
To cite the regulations in this volume use title, part
and section number. Thus, 41 CFR 105-1.000-50 refers to
title 41, part 105-1, section 000-50.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
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instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
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also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1997.
[[Page vii]]
THIS TITLE
Title 41--Public Contracts and Property Management consists of
Subtitle A--Federal Procurement Regulations System [Note]; Subtitle B--
Other Provisions Relating to Public Contracts; Subtitle C--Federal
Property Management Regulations System; Subtitle D is reserved for other
provisions relating to property management, Subtitle E--Federal
Information Resources Management Regulations System and Subtitle F--
Federal Travel Regulation System.
As of July 1, 1985, the text of subtitle A is no longer published in
the Code of Federal Regulations. For an explanation of the status of
subtitle A, see 41 CFR chapters 1--100 (page 2).
Other government-wide procurement regulations relating to public
contracts appear in chapters 50 through 100, subtitle B.
The Federal property management regulations in chapter 101 of
subtitle C are government-wide property management regulations issued by
the General Services Administration. In the remaining chapters of
subtitle C are the implementing and supplementing property management
regulations issued by individual Government agencies. Those regulations
which implement chapter 101 are numerically keyed to it.
The Federal Information Resources Management Regulations in chapter
201 of subtitle E and the Federal Travel Regulation System in chapters
301--304 of subtitle F are issued by the General Services
Administration.
Title 41 is composed of four volumes. The chapters in these volumes
are arranged as follows: Chapters 1--100, chapter 101, chapters 102--
200, and chapter 201 to end. These volumes represent all current
regulations codified under this title of the CFR as of July 1, 1997.
Redesignation tables appear in the finding aids section of the
volumes containing chapter 101 and chapters 102 to 200.
For this volume Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page viii]]
[[Page 1]]
TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
(This book contains chapters 102 to 200)
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SUBTITLE C--Federal Property Management Regulations System (Continued):
Part
Chapters 102-104 [Reserved]
Chapter 105--General Services Administration................ 105-1
Chapter 109--Department of Energy Property Management
Regulations............................................... 109-1
Chapter 114--Department of the Interior..................... 114-51
Chapter 115--Environmental Protection Agency................ 115-1
Chapter 128--Department of Justice.......................... 128-1
SUBTITLE D--Other Provisions Relating to Property Management [Reserved]
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Subtitle C--Federal Property Management Regulations System (Continued)
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CHAPTERS 102-104 [RESERVED]
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CHAPTER 105--GENERAL SERVICES ADMINISTRATION
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Part Page
105-1 Introduction................................ 9
105-8 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by General Services
Administration.......................... 11
105-50 Provision of special or technical services
to State and local units of government.. 22
105-51 Uniform relocation assistance and real
property acquisition for Federal and
federally-assisted programs............. 27
105-53 Statement of organization and functions..... 27
105-54 Advisory committee management............... 34
105-55 Collection of claims owed the United States. 45
105-56 Salary offset for indebtedness of General
Services Adminstration employees to the
United States........................... 49
105-57 Collection of debts by tax refund offset.... 54
105-60 Public availability of agency records and
informational materials................. 55
105-62 Document security and declassification...... 66
105-64 Regulations implementing the Privacy Act of
1974.................................... 70
105-67 Sale of personal property................... 80
105-68 Governmentwide debarment and suspension
(nonprocurement) and governmentwide
requirements for drug-free workplace
(grants)................................ 80
105-69 New restrictions on lobbying................ 99
105-70 Implementation of the Program Fraud Civil
Remedies Act of 1986.................... 111
105-71 Uniform administrative requirements for
grants and cooperative agreements with
State and local governments............. 126
105-72 Uniform administrative requirements for
grants and agreements with institutions
of higher education, hospitals, and
other non-profit organizations.......... 153
105-735 Standards of conduct........................ 180
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PART 105-1--INTRODUCTION--Table of Contents
Sec.
105-1.000-50 Scope of part.
Subpart 105-1.1--Regulations System
105-1.100 Scope of subpart.
105-1.101 General Services Administration Property Management
Regulations.
105-1.101-50 Exclusions.
105-1.102 Relationship of GSPMR to FPMR.
105-1.104 Publication of GSPMR.
105-1.106 Applicability.
105-1.109 Numbering.
105-1.109-50 General plan.
105-1.109-51 Arrangement.
105-1.109-52 Cross-references.
105-1.110 Deviation.
105-1.150 Citation.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 39 FR 25231, July 9, 1974, unless otherwise noted.
Sec. 105-1.000-50 Scope of part.
This part describes the method by which the General Services
Administration (GSA) implements and supplements the Federal Property
Management Regulations (FPMR) and implements certain regulations
prescribed by other agencies. It contains procedures that implement and
supplement part 101-1 of the FPMR.
Subpart 105-1.1--Regulations System
Sec. 105-1.100 Scope of subpart.
This subpart establishes the General Services Administration
Property Management Regulations (GSPMR) and provides certain
introductory material.
Sec. 105-1.101 General Services Administration Property Management Regulations.
The General Services Administration Property Management Regulations
(GSPMR) include the GSA property management policies and procedures
which, together with the Federal Property Management Regulations,
certain regulations prescribed by other agencies, and various GSA orders
govern the management of property and records and certain related
activities of GSA. They may contain policies and procedures of interest
to other agencies and the general public and are prescribed by the
Administrator of General Services in this chapter 105.
Sec. 105-1.101-50 Exclusions.
(a) Certain GSA property management and related policies and
procedures which come within the scope of this chapter 105 nevertheless
may be excluded therefrom when there is justification. These exclusions
may include the following categories:
(1) Subject matter that bears a security classification;
(2) Policies and procedures that are expected to be effective for a
period of less than 6 months;
(3) Policies and procedures that are effective on an experimental
basis for a reasonable period;
(4) Policies and procedures pertaining to other functions of GSA as
well as property management functions and there is need to make the
issuance available simultaneously to all GSA employees involved; and
(5) Where speed of issuance is essential, numerous changes are
required in chapter 105, and all necessary changes cannot be made
promptly.
(b) Property management policies and procedures issued in other than
the FPMR system format under paragraphs (a)(4) and (5) of this section,
shall be codified into chapter 105 at the earliest practicable date, but
in any event not later than 6 months from date of issuance.
Sec. 105-1.102 Relationship of GSPMR to FPMR.
(a) GSPMR implement and supplement the FPMR and implement certain
other regulations. They are part of the General Services Administration
Regulations System. Material published in the FPMR (which has
Governmentwide applicability) becomes effective throughout GSA upon the
effective date of the particular FPMR material. In general, the FPMR
that are implemented and supplemented shall not be repeated,
paraphrased, or otherwise restated in chapter 105.
(b) Implementing is the process of expanding upon the FPMR or other
Government-wide regulations. Supplementing is the process of prescribing
material for which there is no
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counterpart in the Government-wide regulations.
(c) GSPMR may deviate from the regulations that are implemented when
a deviation (see Sec. 105-1.110) is authorized in and explicitly
referenced to such regulations. Where chapter 105 contains no material
implementing the FPMR, the FPMR shall govern.
Sec. 105-1.104 Publication of GSPMR.
(a) Most GSPMR are published in the Federal Register. This practice
helps to ensure that interested business concerns, other agencies, and
the public are apprised of GSA policies and procedures pertaining to
property and records management and certain related activities.
(b) Most GSPMR are published in cumulative form in chapter 105 of
title 41 of the Code of Federal Regulations. The Federal Register and
title 41 of the Code of Federal Regulations may be purchased from the
Superintendent of Documents, Government Printing Office, Washington,
D.C. 20402.
Sec. 105-1.106 Applicability.
Chapter 105 applies to the management of property and records and to
certain other programs and activities of GSA. Unless otherwise
specified, chapter 105 applies to activities outside as well as within
the United States.
Sec. 105-1.109 Numbering.
Sec. 105-1.109-50 General plan.
Chapter 105 is divided into parts, subparts, and further
subdivisions as necessary.
Sec. 105-1.109-51 Arrangement.
(a) Parts 105-2 through 105-49 are used for GSPMR that implement
regulations in the corresponding parts of chapter 101. This practice
results in comparable grouping by subject area without establishment of
subchapters.
(b) Parts 105-50 and above are used for GSPMR that supplement
regulations in the FPMR and implement regulations of other agencies.
Part numbers are assigned so as to accomplish a similar subject area
grouping. Regulations on advisory committee management are recodified as
part 105-54 to place them in the appropriate subject area category.
Regulations on standards of conduct remain in part 105-735 because the
number 735 identifies regulations of the U.S. Civil Service Commission
and various civil agencies on this subject.
Sec. 105-1.109-52 Cross-references.
(a) Within chapter 105, cross-references to the FPMR shall be made
in the same manner as used within the FPMR. Illustrations of cross-
references to the FPMR are:
(1) Part 101-3;
(2) Subpart 101-3.1;
(3) Sec. 101-3.413-5.
(b) Within chapter 105, cross-references to parts, subparts,
sections, and subsections of chapter 105 shall be made in a manner
generally similar to that used in making cross-references to the FPMR.
For example, this paragraph would be referenced as Sec. 105-1.109-52(b).
Sec. 105-1.110 Deviation.
(a) In the interest of establishing and maintaining uniformity to
the greatest extent feasible, deviations; i.e., the use of any policy or
procedure in any manner that is inconsistent with a policy or procedure
prescribed in the Federal Property Management Regulations, are
prohibited unless such deviations have been requested from and approved
by the Administrator of General Services or his authorized designee.
Deviations may be authorized by the Administrator of General Services or
his authorized designee when so doing will be in the best interest of
the Government. Request for deviations shall clearly state the nature of
the deviation and the reasons for such special action.
(b) Requests for deviations from the FPMR shall be sent to the
General Services Administration for consideration in accordance with the
following:
(1) For onetime (individual) deviations, requests shall be sent to
the address provided in the applicable regulation. Lacking such
direction, requests shall be sent to the Administrator of General
Services, Washington, DC 20405.
[[Page 11]]
(2) For class deviations, requests shall be sent to only the
Administrator of General Services.
[55 FR 1673, Jan. 18, 1990]
Sec. 105-1.150 Citation.
(a) In formal documents, such as legal briefs, citations of chapter
105 material shall include a citation to title 41 of the Code of Federal
Regulations or other titles as appropriate; e.g., 41 CFR 105-1.150.
(b) Any section of chapter 105, for purpose of brevity, may be
informally identified as ``GSPMR'' followed by the section number. For
example, this paragraph would be identified as ``GSPMR 105-1.150(b).''
PART 105-8--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY GENERAL SERVICES ADMINISTRATION--Table of Contents
Sec.
105-8.101 Purpose.
105-8.102 Application.
105-8.103 Definitions.
105-8.104--105-8.109 [Reserved]
105-8.110 Self-evaluation.
105-8.111 Notice.
105-8.112--105-8.129 [Reserved]
105-8.130 General prohibitions against discrimination.
105-8.131--105-8.139 [Reserved]
105-8.140 Employment.
105-8.141--105-8.147 [Reserved]
105-8.148 Consultation with the Architectural and Transportation
Barriers Compliance Board.
105-8.149 Program accessibility: Discrimination prohibited.
105-8.150 Program accessibility: Existing facilities.
105-8.150-1 General.
105-8.150-2 Methods.
105-8.150-3 Time period for compliance.
105-8.150-4 Transition plan.
105-8.151 Program accessibility: New construction and alterations.
105-8.152 Program accessibility: Assignment of space.
105-8.153 Program accessibility: Interagency cooperation.
105-8.153-1 General.
105-8.153-2 Requests from occupant agencies.
105-8.154 Program accessibility: Exceptions.
105-8.155--105-8.159 [Reserved]
105-8.160 Communications.
105-8.161--105-8.169 [Reserved]
105-8.170 Compliance procedures.
105-8.170-1 Applicability.
105-8.170-2 Employment complaints.
105-8.170-3 Responsible Official.
105-8.170-4 Filing a complaint.
105-8.170-5 Notification to the Architectural and Transportation
Barriers Compliance Board.
105-8.170-6 Acceptance of complaint.
105 8.170-7 Investigation/conciliation.
105-8.170-8 Letter of findings.
105-8.170-9 Filing an appeal.
105-8.170-10 Acceptance of appeals.
105-8.170-11 Hearing.
105-8.170-12 Decision.
105-8.170-13 Delegation.
105-8.171 Complaints against an occupant agency.
Authority: 29 U.S.C. 794.
Source: 56 FR 9871, Mar. 8, 1991, unless otherwise noted.
Sec. 105-8.101 Purpose.
The purpose of this part is to effectuate section 119 of the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, which amended section 504 of the Rehabilitation Act
of 1973 to prohibit discrimination on the basis of handicap in programs
or activities conducted by Executive agencies or the United States
Postal Service.
Sec. 105-8.102 Application.
This part applies to all programs or activities conducted by the
agency, except for programs or activities conducted outside the United
States that do not involve individuals with handicaps in the United
States.
Sec. 105-8.103 Definitions.
For purposes of this part, the term--
Agency means the General Services Administration (GSA), except when
the context indicates otherwise.
Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in and enjoy the benefits of programs or
activities conducted by GSA. For example, auxiliary aids useful for
persons with impaired vision include readers, Brailed materials, audio
[[Page 12]]
recordings, and other similar services and devices. Auxiliary aids
useful for persons with impaired hearing include telephone handset
amplifiers, telephones compatible with hearing aids, telecommunication
devices for deaf persons (TDD's), interpreters, notetakers, written
materials, and other similar services and devices.
Complete complaint means a written statement that contains the
complainant's name and address and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency of the
nature and date of the alleged violation of section 504. It shall be
signed by the complainant or by someone authorized to do so on his or
her behalf. Complaints filed on behalf of classes or third parties shall
describe or identify (by name, if possible) the alleged victims of
discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Historic preservation program means programs conducted by the agency
that have preservation of historic properties as a primary purpose.
Historic properties means those properties that are listed or
eligible for listing in the National Register of Historic Places or
properties designated as historic under a statute of the appropriate
State or local government body.
Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment. As used in this definition, the phrase:
(1) Physical or mental impairment includes--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
Neurological musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term ``Physical or mental
impairment'' includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech, and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional illness,
and drug addiction and alcoholism.
(2) Major life activities includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (a) of this
definition but is treated by the agency as having such an impairment.
Official or Responsible Official means the Director of the Civil
Rights Division of the General Services Administration or his or her
designee.
Qualified individual with handicaps means--
(1) With respect to any agency program or activity under which a
person is required to perform services or to achieve a level of
accomplishment, an individual with handicaps who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
agency can demonstrate would result in a fundamental alteration in its
nature;
(2) With respect to any other program or activity, an individual
with handicaps who meets the essential eligibility requirements for
participation
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in, or receipt of benefits from, that program or activity; and
(3) Qualified handicapped person as that term is defined for
purposes of employment in 29 CFR 1613.702(f), which is made applicable
to this part by Sec. 105-8.140.
Respondent means the organizational unit in which a complainant
alleges that discrimination occurred.
Section 504 means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617);
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810);
the Civil Rights Restoration Act of 1987 (Pub. L. 100-259, 102 Stat.
28); and Handicapped Program Technical Amendments Act of 1988 (Pub. L.
100-630, 102 Stat. 3312). As used in this part, section 504 applies only
to programs or activities conducted by the agency and not to federally
assisted programs.
Substantial impairment means a significant loss of the integrity of
finished materials, design quality, or special character resulting from
a permanent alteration of historic properties.
Secs. 105-8.104--105-8.109 [Reserved]
Sec. 105-8.110 Self-evaluation.
(a) The agency shall, by March 9, 1992, evaluate its current
policies and practices, and the effects thereof, that do not or may not
meet the requirements of this part, and, to the extent modification of
any such policies and practices is required, the agency shall proceed to
make the necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including individuals with handicaps or organizations representing
individuals with handicaps, to participate in the self-evaluation
process by submitting comments (both oral and written).
(c) The agency shall, for at least three years following completion
of the self-evaluation, maintain on file and make available for public
inspection:
(1) A list of interested persons consulted;
(2) A description of the areas examined and any problems identified
and;
(3) A description of any modifications made or to be made.
Sec. 105-8.111 Notice.
The agency shall make available to employees, applicants,
participants, beneficiaries, and other interested persons such
information regarding the provisions of this part and its applicability
to the programs or activities conducted by the agency, and make such
information available to them in such manner as the Administrator finds
necessary to apprise such persons of the protections against
discrimination assured them by section 504 and this part.
Secs. 105-8.112--105-8.129 [Reserved]
Sec. 105-8.130 General prohibitions against discrimination.
(a) No qualified individual with handicaps shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity conducted by the agency.
(1) The agency, in providing any aid, benefit, or service, may not,
directly or through contractual, licensing, or other arrangements, on
the basis of handicap--
(i) Deny a qualified individual with handicaps the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualified individual with handicaps an opportunity to
participate in or benefit from aid, benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified individual with handicaps with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
individuals with handicaps or to any class of individuals with handicaps
than is provided to others unless such action is necessary to
[[Page 14]]
provide qualified individuals with handicaps with aid, benefits, or
services that are as effective as those provided to others;
(v) Deny a qualified individual with handicaps the opportunity to
participate as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified individual with handicaps in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2) The agency may not deny a qualified individual with handicaps
the opportunity to participate in programs or activities that are not
separate or different, despite the existence of permissibly separate or
different programs or activities.
(3) The agency may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the purpose
or effect of which would--
(i) Subject qualified individuals with handicaps to discrimination
on the basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to individuals with handicaps.
(4) The agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would--
(i) Exclude individuals with handicaps from, deny them the benefits
of, or otherwise subject them to discrimination under any program or
activity conducted by the agency; or
(ii) Defeat or substantially impair the accomplishment of the
objectives of a program or activity with respect to individuals with
handicaps.
(5) The agency, in the selection of procurement contractors, may not
use criteria that subject qualified individuals with handicaps to
discrimination on the basis of handicap.
(6) The agency may not administer a licensing or certification
program in a manner that subjects qualified individuals with handicaps
to discrimination on the basis of handicap, nor may the agency establish
requirements for the programs or activities of licenses or certified
entities that subject qualified individuals with handicaps to
discrimination on the basis of handicap. However, the programs or
activities of entities that are licensed or certified by the agency are
not, themselves, covered by part.
(b) The exclusion of persons without handicaps from the benefits of
a program limited by Federal statute or Executive order to individuals
with handicaps or the exclusion of a specific class of individuals with
handicaps from a program limited by Federal statute or Executive order
to a different class of individuals with handicaps is not prohibited by
this part.
(c) The agency shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified individuals
with handicaps.
Secs. 105-8.131--105-8.139 [Reserved]
Sec. 105-8.140 Employment.
No qualified individual with handicaps shall, on the basis of
handicap, be subjected to discrimination in employment under any program
or activity conducted by the agency. The definitions, requirements, and
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791), as established by the Equal Employment Opportunity Commission in
29 CFR part 1613, shall apply to employment in federally conducted
programs or activities.
Secs. 105-8.141--105-8.147 [Reserved]
Sec. 105-8.148 Consultation with the Architectural and Transportation Barriers Compliance Board.
GSA shall consult with the Architectural and Transportation Barriers
Compliance Board (ATBCB) in carrying out its responsibilities under this
part concerning architectural barriers in facilities that are subject to
GSA control. GSA shall also consult with the ATBCB in providing
technical assistance to other Federal agencies with respect to
overcoming architectural barriers in facilities. The agency's Public
Buildings Service shall implement this section.
Sec. 105-8.149 Program accessibility: Discrimination prohibited.
Except as otherwise provided in Secs. 105-8.150 and 105-8.154, no
qualified individual with handicaps shall, because
[[Page 15]]
the agency's facilities are inaccessible to or unusable by individuals
with handicaps, be denied the benefits of, be excluded from
participation in, or otherwise be subjected to discrimination under any
program or activity conducted by the agency.
Sec. 105-8.150 Program accessibility: Existing facilities.
Sec. 105-8.150-1 General.
The agency shall operate each program or activity so that the
program or activity, when viewed in its entirety, is readily accessible
to and usable by individuals with handicaps. This section does not--
(a) Necessarily require the agency to make each of its existing
facilities accessible to and usable by individuals with handicaps; or
(b) In the case of historic preservation programs, require the
agency to take any action that would result in a substantial impairment
of significant historic features of an historic property.
Sec. 105-8.150-2 Methods.
(a) General. The agency may comply with the requirements of
Sec. 105-8.150 through such means as redesign of equipment, reassignment
of services to accessible buildings, assignment of aides to
beneficiaries, home visits, delivery of services at alternate accessible
sites, alteration of existing facilities and construction of new
facilities, use of accessible rolling stock, or any other methods that
result in making its programs or activities readily accessible to and
usable by individuals with handicaps. The agency is not required to make
structural changes in existing facilities where other methods are
effective in achieving compliance with this section. The agency, in
making alterations to existing buildings, shall meet accessibility
requirements to the extent compelled by the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151-4157), and any regulations
implementing it. In choosing among available methods for meeting the
requirements of this section, the agency shall give priority to those
methods that offer programs and activities to qualified individuals with
handicaps in the most integrated setting appropriate.
(b) Historic preservation programs. In meeting the requirements of
Sec. 105-8.105-1 in historic preservation programs, the agency shall
give priority to methods that provide physical access to individuals
with handicaps. In cases where a physical alteration to a historic
property is not required because of Secs. 105-8.105-1(b) or 105-8.154
alternative methods of achieving program accessibility include--
(1) Using audio-visual materials and devices to depict those
portions of a historic property that cannot otherwise be made
accessible;
(2) Assigning persons to guide individuals with handicaps into or
through portions of historic properties that cannot otherwise be made
accessible; or
(3) Adopting other innovative methods.
Sec. 105-8.150-3 Time period for compliance.
The agency shall comply with the obligations established under
Sec. 105-8.150 by May 7, 1991; except where structural changes in
facilities are undertaken, such changes shall be made by March 8, 1994,
but in any event as expeditiously as possible.
Sec. 105-8.150-4 Transition plan.
In the event that structural changes to facilities will be
undertaken to achieve program accessibility, the agency shall develop,
by March 9, 1992; the transition plan setting forth the steps necessary
to complete such changes. The agency shall provide an opportunity to
interested persons, including individuals with handicaps or
organizations representing individuals with handicaps, to participate in
the development of the transition plan by submitting comments (both oral
and written). A copy of the transition plan shall be made available for
public inspection. The plan shall, at a minimum--
(a) Identify physical obstacles in the facilities occupied by GSA
that limit the accessibility of its programs or activities to
individuals with handicaps;
[[Page 16]]
(b) Describe in detail the methods that will be used to make the
facilities accessible;
(c) Specify the schedule for taking the steps necessary to achieve
compliance with Sec. 105-8.150 and, if the time period of the transition
plan is longer than one year, identify steps that will be taken during
each year of the transition period; and
(d) Indicate the official responsible for implementation of the
plan.
Sec. 105-8.151 Program accessibility: New construction and alterations.
Each building or part of a building that is constructed or altered
by, on behalf of, of for the use of the agency shall be designed,
constructed, or altered so as to be readily accessible to and usable by
individuals with handicaps. The definitions, requirements, and standards
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this
section.
Sec. 105.8.152 Program accessibility: Assignment of space.
(a) When GSA assigns or reassigns space to an agency, it shall
consult with the agency to ensure that the assignment or reassignment
will not result in one or more of the agency's programs or activities
being inaccessible to individuals with handicaps.
(b) Prior to the assignment or reassignment of space to an agency,
GSA shall inform the agency of the accessibility, and/or the absence of
accessibility features, of the space in which GSA intends to locate the
agency. If the agency informs GSA that the use of the space will result
in one or more of the agency's programs being inaccessible, GSA shall
take one or more of the following actions to make the programs
accessible:
(1) Arrange for alterations, improvements, and repairs to buildings
and facilities;
(2) Locate and provide alternative space that will not result in one
or more of the agency's programs being inaccessible; or
(3) Take any other actions that result in making this agency's
programs accessible.
The responsibility for payment to make the physical changes in the space
shall be assigned on a case-by-case basis as agreed to by GSA and the
user agency, dependent on individual circumstances.
(c) GSA may not require the agency to accept space that results in
one or more of the agency's programs being inaccessible.
Sec. 105-8.153 Program accessibility: Interagency cooperation.
Sec. 105-8.153-1 General.
GSA, upon request from an occupant agency engaged in the development
of a transition plan under section 504, shall participate with the
occupant agency in the development and implementation of the transition
plan and shall provide information and guidance to the occupant agency.
Upon request, GSA shall conduct space inspections to assist the agency
in determining whether a current assignment of space results in one or
more of the occupant agency's programs or activities being inaccessible.
GSA shall provide the occupant agency with a written summary of
significant findings and recommendations, together with data concerning
programmed repairs and alterations planned by GSA and alterations that
can be effected by the agency.
Sec. 105-8.153-2 Requests from occupant agencies.
(a) Upon receipt of an occupant agency's request for new space,
additional space, relocation to accessible space, alterations, or other
actions under GSA's control that are needed to ensure program
accessibility in the requesting agency's program(s) as required by the
agency's section 504 transition plan, GSA shall assist or advise the
requesting agency in providing or arranging for the requested action
within the timeframes specified in the requesting agency's transition
plan.
(b) If the requested action cannot be completed within the time
frame specified in an agency's transition plan, GSA shall so advise the
requesting agency within 30 days of the request by submitting, after
consultation with the agency, a revised schedule specifying the date by
which the action shall be
[[Page 17]]
completed. If the delay in completing the action results in or continues
the inaccessibility of the requesting agency's program, GSA and the
agency shall, after consultation, take interim measures to make the
agency's program accessible.
(c) If GSA determines that it is unable to take the requested
action, GSA shall--
(1) Within 30 days, set forth in writing to the requesting agency
the reasons for denying the agency's request, and
(2) Within 90 days, propose to the requesting agency other methods
for making the agency's program accessible.
(d) Receipt of a copy of an occupant agency's transition plan under
section 504 shall constitute notice to GSA of the requested actions in
the transition plan and of the times frames which the actions are
required to be completed.
Sec. 105-8.154 Program accessibility: Exceptions.
Sections 105-8.150, 105-8.152, and 105-8.153 do not require GSA to
take any action that it can demonstrate would result in a fundamental
alteration in the nature of a program or activity or in undue financial
and administrative burdens. In those circumstances where GSA personnel
believe that the proposed action would fundamentally alter the program
or activity or would result in undue financial and administrative
burdens, the agency has the burden of proving that compliance would
result in such alteration or burdens. The decision that compliance would
result in such alteration or burdens must be made by the Administrator
or his or her designee after considering all resources available for use
in the funding and operation of the conducted program or activity, and
must be accompanied by a written statement of the reasons for reaching
that conclusion. If an action would result in such an alteration or such
burdens, the agency shall take any other action that would not result in
such an alteration or such burdens but would nevertheless ensure that
individuals with handicaps receive the benefits and services of the
program or activity.
Secs. 105-8.155--105-8.159 [Reserved]
Sec. 105-8.160 Communications.
(a) The agency shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other Federal
entities, and members of the public.
(1) The agency shall furnish appropriate auxiliary aids where
necessary to afford an individual with handicaps an equal opportunity to
participate in, and enjoy the benefits of, a program or activity
conducted by the agency.
(i) In determining what type of auxiliary aid is necessary, the
agency shall give primary consideration to the requests of the
individual with handicaps.
(ii) The agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the agency communicates with applicants and beneficiaries
by telephone, telecommunication devices for deaf persons (TDD) or
equally effective telecommunication systems shall be used to communicate
with persons with impaired hearing.
(b) The agency shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The agency shall provide signage at a primary entrance to each
of its inaccessible facilities, directing users to a location at which
they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(d) This section does not require the agency to take any action that
it can demonstrate would result in a fundamental alteration in the
nature of a program or activity or in undue financial and administrative
burdens. In those circumstances where agency personnel believe that the
proposed action would fundamentally alter the program or activity or
would result in undue financial and administrative burdens, the agency
has the burden of proving that compliance with Sec. 150.8.160 would
result in such alteration or burdens.
[[Page 18]]
The decision that compliance would result in such alteration or burdens
must be made by the Administrator or his or her designee after
considering all agency resources available for use in the funding and
operation of the conducted program or activity and must be accompanied
by a written statement of the reasons for reaching that conclusion. If
an action required to comply with Sec. 105-8.160 would result in such an
alteration or such burdnes, the agency shall take any other action that
would not result in such an alteration or such burdens but would
nevertheless ensure that, to the maximum extent possible, individuals
with handicaps receive the benefits and services of the program or
activity.
Secs. 105-8.161--105-8.169 [Reserved]
Sec. 105-8.170 Compliance procedures.
Sec. 105-8.170-1 Applicability.
Except as provided in Sec. 105-8.170-2, Secs. 105-8.170 through 105-
8.170-13 apply to all allegations of discrimination on the basis of
handicap in programs or activities conducted by the agency.
Sec. 105-8.170-2 Employment complaints.
The agency shall process complaints alleging violations of section
504 with respect to employment according to the procedures established
by the Equal Employment Opportunity Commission in 29 CFR part 1613
pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791).
Sec. 105-8.170-3 Responsible Official.
The Responsible Official shall coordinate implementation of
Secs. 105-8.170 through 105-8.170-13.
Sec. 105-8.170-4 Filing a complaint.
(a) Who may file a complaint. Any person who believes that he or she
has been subjected to discrimination prohibited by this part may by him
or herself or by his or her authorized representative file a complaint
with the Official. Any persons who believes that any specific class of
persons has been subjected to discrimination prohibited by this part and
who is a member of that class or the authorized representative of a
member of that class may file a complaint with the Official.
(b) Confidentiality. The Official shall hold in confidence the
identity of any person submitting a complaint, unless the person submits
written authorization otherwise, and except to the extent necessary to
carry out the purposes of this part, including the conduct of any
investigation, hearing, or proceeding under this part.
(c) When to file. Complaints shall be filed within 180 days of the
alleged act of discrimination. The Official may extend this time limit
for good cause shown. For purposes of determining when a complaint is
timely filed under this section, a complaint mailed to the agency shall
be deemed filed on the date it is postmarked. Any other complaint shall
be deemed filed on the date it is recevied by the agency.
(d) How to file. Complaints may be delivered or mailed to the
Administrator, the Responsibile Official, or other agency officials.
Complaints should be sent to the Director of Civil Rights, Civil Rights
Division (AKC), General Services Administration, 18th and F Streets,
NW., Washington, DC 20405. If any agency official other than the
Official receives a complaint, he or she shall forward the complaint to
the Official immediatley.
Sec. 105-8.170-5 Notification to the Architectural and Transportation Barriers Compliance Board.
The agency shall prepare and forward comprehensive quarterly reports
to the Architectural and Transportation Barriers Compliance Board
containing information regarding complaints received alleging that a
building or facility that is subject to the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to
and usable by individuals with handicaps. The agency shall not include
in the report the identity of any complainant.
Sec. 105-8.170-6 Acceptance of complaint.
(a) The Official shall accept a complete complaint that is filed in
accordance with Sec. 105-8.170-4 and over which the agency has
jurisdiction. The Official shall notify the complainant and
[[Page 19]]
the respondent of receipt and acceptance of the complaint.
(b) If the Official receives a complaint that is not complete, he or
she shall notify the complainant within 30 days of receipt of the
incomplete complaint that additional information is needed. If the
complainant fails to complete the complaint within 30 days of receipt of
this notice, the Official shall dismiss the complaint without prejudice.
(c) The Official may reject a complaint, or a position thereof, for
any of the following reasons:
(1) It was not filed timely and the extension of the 180-day period
as provided in Sec. 105-8.170-4(c) is denied;
(2) It consists of an allegation identical to an allegation
contained in a previous complaint filed on behalf of the same
complainant(s) which is pending in the agency or which has been resolved
or decided by the agency; or
(3) It is not within the purview of this part.
(d) If the Official receives a complaint over which the agency does
not have jurisdiction, the Official shall promptly notify the
complainant and shall make reasonable efforts to refer the complaint to
the appropriate Government entity.
Sec. 105-8.170-7 Investigation/conciliation.
(a) Within 180 days of the receipt of a complete complaint, the
Official shall complete the investigation of the complaint, attempt
informal resolution, and if no informal resolution is achieved, issue a
letter of findings. The 180-day time limit may be extended with the
permission of the Assistant Attorney General. The investigation should
include, where appropriate, a review of the practices and policies that
led to the filing of the complaint, and other circumstances under which
the possible noncompliance with this part occurred.
(b) The Official may require agency employees to cooperate in the
investigation and attempted resolution of complaints. Employees who are
required by the Official to participate in any investigation under this
section shall do so as part of their official duties and during the
course of regular duty hours.
(c) The Official shall furnish the complainant and the respondent a
copy of the investigative report promptly after receiving it from the
investigator and provide the complainant and the respondent with an
opportunity for informal resolution of the complaint.
(d) If a complaint is resolved informally, the terms of the
agreement shall be reduced to writing and signed by the complainant and
respondent. The agreement shall be made part of the complaint file with
a copy of the agreement provided to the complainant and the respondent.
The written agreement may include a finding on the issue of
discrimination and shall describe any corrective action to which the
complainant and the respondent have agreed.
(e) The written agreement shall remain in effect until all
corrective actions to which the complainant and the respondent have
agreed upon have been completed. The complainant may reopen the
complaint in the event that the agreement is not carried out.
Sec. 105-8.170-8 Letter of findings.
If an informal resolution of the complaint is not reached, the
Official shall, within 180 days of receipt of the complete complaint,
notify the complainant and the respondent of the results of the
investigation in a letter sent by certified mail, return receipt
requested. The letter shall contain, at a minimum, the following:
(a) Findings of fact and conclusions of law;
(b) A description of a remedy for each violation found;
(c) A notice of the right of the complainant and the respondent to
appeal to the Special Counsel for Ethics and Civil Rights; and
(d) A notice of the right of the complainant and the respondent to
request a hearing.
Sec. 105-8.170-9 Filing an appeal.
(a) Notice of appeal to the Special Counsel for Ethics and Civil
Rights, with or without a request for hearing, shall be filed by the
complainant or the
[[Page 20]]
respondent with the Responsible Official within 30 days of receipt of
the letter of findings required by
Sec. 105-8.170-7.
(b) If a timely appeal without a request for hearing is filed by a
party, any other party may file a written request for a hearing within
the time limit specified in Sec. 105-8.170-9(a) or within 10 days of the
date on which the first timely appeal without a request for hearing was
filed, whichever is later.
(c) If no party requests a hearing, the Responsible Official shall
promptly transmit the notice of appeal and investigative record to the
Special Counsel for Ethics and Civil Rights.
(d) If neither party files an appeal within the time prescribed in
Sec. 105-8.170-9(a) the Responsible Official shall certify, at the
expiration of the time, that the letter of findings is the final agency
decision on the complaint.
Sec. 105-8.170-10 Acceptance of appeals.
The Special Counsel shall accept and process any timely appeal. A
party may appeal to the Deputy Administrator from a decision of the
Special Counsel that an appeal is untimely. This appeal shall be filed
within 15 days of receipt of the decision from the Special Counsel.
Sec. 105-8.170-11 Hearing.
(a) Upon a timely request for a hearing, the Special Counsel shall
take the necessary action to obtain the services of an Administrative
law judge (ALJ) to conduct the hearing. The ALJ shall issue a notice to
all parties specifying the date, time, and place of the scheduled
hearing. The hearing shall be commenced no earlier than 15 days after
the notice is issued and no later than 60 days after the request for a
hearing is filed, unless all parties agree to a different date, or there
are other extenuating circumstances.
(b) The complainant and respondent shall be parties to the hearing.
Any interested person or organization may petition to become a party or
amicus curiae. The ALJ may, in his or her discretion, grant such a
petition if, in his or her opinion, the petitioner has a legitimate
interest in the proceedings and the participation will not unduly delay
the outcome and may contribute materially to the proper disposition of
the proceedings.
(c) The hearing, decision, and any administrative review thereof
shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of
the Administrative Procedure Act). The ALJ shall have the duty to
conduct a fair hearing, to take all necessary action to avoid delay, and
to maintain order. He or she shall have all powers necessary to these
ends, including (but not limited to) the power to--
(1) Arrange and change the date, time, and place of hearings and
prehearing conferences and issue notices thereof;
(2) Hold conferences to settle, simplify, or determine the issue in
a hearing, or to consider other matters that may aid in the expeditious
disposition of the hearing;
(3) Require parties to state their position in writing with respect
to the various issues in the hearing and to exchange such statements
with all other parties;
(4) Examine witnesses and direct witnesses to testify;
(5) Receive, rule on, exclude, or limit evidence;
(6) Rule on procedural items pending before him or her; and
(7) Take any action permitted to the ALJ as authorized by this part,
or by the provisions of the Administrative Procedure Act (5 U.S.C. 551-
559).
(d) Technical rules of evidence shall not apply to hearings
conducted pursuant to Sec. 105-8.170-11, but rules or principles
designed to assure production of credible evidence available and to
subject testimony to cross-examination shall be applied by the ALJ
whenever reasonably necessary. The ALJ may exclude irrelevant,
immaterial, or unduly repetitious evidence. All documents and other
evidence offered or taken for the record shall be open to examination by
the parties and opportunity shall be given to refute facts and arguments
advanced on either side of the issues. A transcript shall be made of the
oral evidence except to the extent the substance thereof is stipulated
for the record. All decisions shall be based upon the hearing record.
[[Page 21]]
(e) The costs and expenses for the conduct of a hearing shall be
allocated as follows:
(1) Persons employed by the agency shall, upon request to the agency
by the ALJ, be made available to participate in the hearing and shall be
on official duty status for this purpose. They shall not receive witness
fees.
(2) Employees of other Federal agencies called to testify at a
hearing shall, at the request of the ALJ and with the approval of the
employing agency, be on official duty status during any period of
absence from normal duties caused by their testimony, and shall not
receive witness fees.
(3) The fees and expenses of other persons called to testify at a
hearing shall be paid by the party requesting their appearance.
(4) The ALJ may require the agency to pay travel expenses necessary
for the complainant to attend the hearing.
(5) The respondent shall pay the required expenses and charges for
the ALJ and court reporter.
(6) All other expenses shall be paid by the party, the intervening
party, or amicus curiae incurring them.
(f) The ALJ shall submit in writing recommended findings of fact,
conclusions of law, and remedies to all parties and the Special Counsel
for Ethics and Civil Rights within 30 days after receipt of the hearing
transcripts, or within 30 days after the conclusion of the hearing if no
transcript is made. This time limit may be extended with the permission
of the Special Counsel.
(g) Within 15 days after receipt of the recommended decision of the
ALJ any party may file exceptions to the decision with the Speical
Counsel. Thereafter, each party will have ten days to file reply
exceptions with the Special Counsel.
Sec. 105-8.170-12 Decision.
(a) The Special Counsel shall make the decision of the agency based
on information in the investigative record and, if a hearing is held, on
the hearing record. The decision shall be made within 60 days of receipt
of the transmittal of the notice of appeal and investitive record
pursuant to Sec. 105-8.170-9(c) or after the period for filing
exceptions ends, which ever is applicable. If the Special Counsel for
Ethics and Civil Rights determines that he or she needs additional
information from any party, he or she shall request the information and
provide the other party or parties an opportunity to respond to that
information. The Special Counsel shall have 60 days from receipt of the
additional information to render the decision on the appeal. The Special
Counsel shall transmit his or her decision by letter to the parties. The
time limits established in this paragraph may be extended with the
permission of the Assistant Attorney General. The decision shall set
forth the findings, remedial action required, and reasons for the
decision. If the decision is based on a hearing record, the Special
Counsel shall consider the recommended decision of the ALJ and render a
final decision based on the entire record. The Special Counsel may also
remand the hearing record to the ALJ for a fuller development of the
record.
(b) Any respondent required to take action under the terms of the
decision of the agency shall do so promptly. The Official may require
periodic compliance reports specifying--
(1) The manner in which compliance with the provisions of the
decision has been achieved;
(2) The reasons any action required by the final decision has not
yet been taken; and
(3) The steps being taken to ensure full compliance. The Official
may retain responsibility for resolving disagreements that arise between
the parties over interpretation fo the final agency decision or for
specific adjudicatory decisions arising out of implementation.
Sec. 105-8.170-13 Delegation.
The agency may delegate its authority for conducting complaint
investigations to other Federal agencies, except that the authority for
making the final determination may not be delegated to another agency.
Sec. 105-8.171 Complaints against an occupant agency.
(a) Upon notification by an occupant agency that it has received a
complete complaint alleging that the agency's
[[Page 22]]
program is inaccessible because existing facilities under GSA's control
are not accessible and usable by individuals with handicaps, GSA shall
be jointly responsible with the agency for resolving the complaint and
shall participate in making findings of fact and conclusions of law in
prescribing and implementing appropriate remedies for each violation
found.
(b) GSA shall make reasonable efforts to follow the time frames for
complaint resolution that go into effect under the notifying occupant
agency's compliance procedures when it receives a complete complaint.
(c) Receipt of a copy of the complete complaint by GSA shall
constitute notification to GSA for purposes of Sec. 105-8.171(a).
PART 105-50--PROVISION OF SPECIAL OR TECHNICAL SERVICES TO STATE AND LOCAL UNITS OF GOVERNMENT--Table of Contents
Sec.
105-50.000 Scope of part.
105-50.001 Definitions.
105-50.001-1 State.
105-50.001-2 Political subdivision or local government.
105-50.001-3 Unit of general local government.
105-50.001-4 Special-purpose unit of local government.
105-50.001-5 Specialized or technical services.
105-50.001-6 GSA.
Subpart 105-50.1--General Provisions
105-50.101 Purpose.
105-50.102 Applicability.
105-50.103 Policy.
105-50.104 Limitations.
105-50.105 Coordination of requests.
105-50.106 GSA response to requests.
Subpart 105-50.2--Services Available From General Services
Administration
105-50.201 Agencywide mission.
105-50.202 Specific services.
105-50.202-1 Copies of statistical or other studies.
105-50.202-2 Preparation of or assistance in the conduct of statistical
or other studies.
105-50.202-3 Training.
105-50.202-4 Technical assistance incident to Federal surplus personal
property.
105-50.202-5 Data processing services.
105-50.202-6 Communications services.
105-50.202-7 Technical information and advice.
Subpart 105-50.3--Principles Governing Reimbursements to GSA
105-50.301 Established fees.
105-50.302 Special fee schedules.
105-50.303 Cost basis in lieu of fees.
105-50.304 Services provided through revolving funds.
105-50.304a Deposits.
105-50.305 Exemptions.
Subpart 105-50.4--Reports
105-50.401 Reports submitted to the Congress.
105-50.402 Reports submitted to the Office of Management and Budget.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) and sec. 302,
82 Stat. 1102; 42 U.S.C. 4222.
Source: 41 FR 21451, May 26, 1976, unless otherwise noted.
Sec. 105-50.000 Scope of part.
This part prescribes rules and procedures governing the provision of
special or technical services to State and local units of government by
GSA. This part also prescribes principles governing reimbursements for
such services.
Sec. 105-50.001 Definitions.
The following definitions are established for terms used in this
part.
Sec. 105-50.001-1 State.
State means any of the several States of the United States, the
District of Columbia, Puerto Rico, any territory or possession of the
United States, or any agency or instrumentality of a State, but does not
include the governments of the political subdivisions of the State.
Sec. 105-50.001-2 Political subdivision or local government.
Political subdivision or local government means a local unit of
government, including specifically a county, municipality, city, town,
township, or a school or other special district created by or pursuant
to State law.
[[Page 23]]
Sec. 105-50.001-3 Unit of general local government.
Unit of general local government means any city, county, town,
parish, village, or other general purpose political subdivision of a
State.
Sec. 105-50.001-4 Special-purpose unit of local government.
Special-purpose unit of local government means any special district,
public-purpose corporation, or other strictly limited-purpose political
subdivision of a State, but shall not include a school district.
Sec. 105-50.001-5 Specialized or technical services.
Specialized or technical services means statistical and other
studies and compilations, development projects, technical tests and
evaluations, technical information, training activities, surveys,
reports, documents, and any other similar service functions which any
department or agency of the executive branch of the Federal Government
is especially equipped and authorized by law to perform.
Sec. 105-50.001-6 GSA.
GSA means the General Services Administration.
Subpart 105-50.1--General Provisions
Sec. 105-50.101 Purpose.
(a) This part 105-50 implements the provisions of Title III of the
Intergovernmental Cooperation Act of 1968 (82 Stat. 1102, 42 U.S.C.
4221-4225), the purpose of which is stated as follows:
It is the purpose of this title to encourage intergovernmental
cooperation in the conduct of specialized or technical services and
provision of facilities essential to the administration of State or
local governmental activities, many of which are nationwide in scope and
financed in part by Federal funds; to enable state and local governments
to avoid unnecessary duplication of special service functions; and to
authorize all departments and agencies of the executive branch of the
Federal Government which do not have such authority to provide
reimbursable specialized or technical services to State and local
governments.
(b) This part is consistent with the rules and regulations
promulgated by the Director, Office of Management and Budget, in the
Office of Management and Budget Circular No. A-97, dated August 29,
1969, issued pursuant to section 302 of the cited Act (42 U.S.C. 4222).
Sec. 105-50.102 Applicability.
This part is applicable to all organizational elements of GSA
insofar as the services authorized to be performed in subpart 105-50.2
fall within their designated functional areas.
Sec. 105-50.103 Policy.
It is the policy of GSA to cooperate to the maximum extent possible
with State and local units of government in providing the specialized or
technical services authorized within the limitations set forth in
Sec. 105-50.104.
Sec. 105-50.104 Limitations.
The specialized or technical services provided under this part may
be provided, in the discretion of the Administrator of General Services,
only under the following conditions:
(a) Such services will be provided only to the States, political
subdivisions thereof, and combinations or associations of such
governments or their agencies and instrumentalities.
(b) Such services will be provided only upon the written request of
a State or political subdivision thereof. Requests normally will be made
by the chief executives of such entities and will be addressed to the
General Services Administration as provided in Sec. 105-50.105.
(c) Such services will not be provided unless GSA is providing
similar services for its own use under the policies set forth in the
Office of Management and Budget Circular No. A-76 Revised, dated August
30, 1967, subject: Policies for acquiring commercial or industrial
products and services for Government use. In addition, in accordance
with the policies set forth in Circular No. A-76, the requesting entity
must certify that such services cannot be procured reasonably and
expeditiously through ordinary business channels.
(d) Such services will not be provided if they require any additions
of staff or
[[Page 24]]
involve outlays for additional equipment or other facilities solely for
the purpose of providing such services, except where the costs thereof
are charged to the user of such services. Further, no staff additions
may be made which impede the implementation of, or adherence to, the
employment ceilings contained in the Office of Management and Budget
allowance letters.
(e) Such services will be provided only upon payment or provision
for reimbursement by the unit of government making the request of
salaries and all other identifiable direct and indirect costs of
performing such services. For cost determination purposes, GSA will be
guided by the policies set forth in the Office of Management and Budget
Circular No. A-25, dated September 23, 1959, subject: User charges.
Sec. 105-50.105 Coordination of requests.
(a) All inquiries of a general nature concerning services GSA can
provide shall be addressed to the General Services Administration (BR),
Washington, D.C. 20405. The Director of Management Services, Office of
Administration, shall serve as the central coordinator for such
inquiries and shall assign them to the appropriate organizational
element of GSA for expeditious handling.
(b) Requests for specific services may be addressed directly to
Heads of Services and Staff Offices and to Regional Administrators.
Section 105-50.202 describes the specific services GSA can provide.
(c) If the proper GSA organizational element is not known to the
State or local unit of government, the request shall be addressed as in
paragraph (a) of this section to ensure appropriate handling.
Sec. 105-50.106 GSA response to requests.
(a) Direct response to each request shall be made by the Head of the
applicable Service or Staff Office or Regional Administrator. He shall
outline the service to be provided and the fee or reimbursement
required. Any special conditions concerning time and priority, etc.,
shall be stated. Written acceptance by the authorized State or local
governmental entity shall constitute a binding agreement.
(b) Heads of Services and Staff Offices and Regional Administrators
shall maintain complete records and controls of services provided on a
calendar year basis to facilitate accurate, annual reporting, as
required in Sec. 105-50.401.
Subpart 105-50.2--Services Available From General Services
Administration
Sec. 105-50.201 Agencywide mission.
(a) In its role as a central property management agency, GSA
constructs, leases, operates, and maintains office and other space:
procures and distributes supplies; coordinates and provides for the
economic and efficient purchase, lease, sharing, and maintenance of
automatic data processing equipment by Federal agencies; manages
stockpiles of materials maintained for use in national emergencies;
transfers excess real and personal property among Federal agencies for
further use; disposes of surplus real and personal property, by donation
or otherwise, as well as materials excess to stockpile requirements;
operates centralized data processing centers and telecommunications and
motor pool systems; operates the National Archives and Presidential
libraries; and provides a variety of records management services,
including the operation of centers for storing and administering
records, as well as other common services.
(b) Special or technical services may be provided by many
organizational elements of GSA with respect to their functional areas,
but the requesting State or local agency needs only to know that the
service desired is related to one or more of the functional areas
described above and direct its request as provided for under Sec. 105-
50.105. State and local units of government are also encouraged to
consult the ``Catalog of Federal Domestic Assistance'' as a more
complete guide to the many other Federal assistance programs available
to them. The catalog, issued annually and updated periodically by the
Office of Management and Budget, is available through the Superintendent
of
[[Page 25]]
Documents, Government Printing Office, Washington, DC 20402.
Sec. 105-50.202 Specific services.
Within the functional areas identified in Sec. 105-50.201, GSA can
provide the services hereinafter described.
Sec. 105-50.202-1 Copies of statistical or other studies.
This material includes a copy of any existing statistical or other
studies and compilations, results of technical tests and evaluations,
technical information, surveys, reports, and documents, and any such
materials which may be developed or prepared in the future to meet the
needs of the Federal Government or to carry out normal program
responsibilities of GSA.
Sec. 105-50.202-2 Preparation of or assistance in the conduct of statistical or other studies.
(a) This service includes preparation of statistical or other
studies and compilations, technical tests and evaluations, technical
information, surveys, reports, and documents and assistance in the
conduct of such activities and in the preparation of such materials,
provided they are of a type similar to those which GSA is authorized by
law to conduct or prepare and when resources are available.
(b) Specific areas in which GSA can conduct or participate in the
conduct of studies include:
(1) Space management, including assignment and utilization;
(2) Supply management, including laboratory tests and evaluations;
(3) Management of motor vehicles;
(4) Archives and records management;
(5) Automatic data processing systems; and
(6) Telecommunications and teleprocessing systems and services.
Sec. 105-50.202-3 Training.
(a) This training consists of the type which GSA is authorized by
law to conduct for Federal personnel and others or which is similar to
such training.
(b) Descriptions of the specific training courses conducted by GSA
are published annually in the Interagency Training Programs bulletin,
copies of which are available from the U.S. Civil Service Commission,
Washington, D.C. 20415.
Sec. 105-50.202-4 Technical assistance incident to Federal surplus personal property.
Technical assistance will be provided in the screening and selection
of surplus personal property under existing laws, provided such aid
primarily strengthens the ability of the recipient in developing its own
capacity to prepare proposals.
Sec. 105-50.202-5 Data processing services.
GSA will develop ADP logistical feasibility studies, software,
systems analyses, and programs. To the extent that data processing
capabilities are available, GSA will also assist in securing data
processing services on a temporary, short term basis from other Federal
facilities or Federal Data Processing Centers.
Sec. 105-50.202-6 Communications services.
GSA will continue to make its bulk rate circuit ordering services
available for use by State and local governments. Under a revised tariff
effective December 12, 1971, GSA will bill the State and local
governments for their share of the TEL PAK costs. Services provided
prior to December 12, 1971, will be billed by the contractors under the
former arrangements. In addition, certain activities, such as surplus
property agencies which have frequent communications with Federal
agencies, will be given access to the Federal Telecommunications System
switchboards.
Sec. 105-50.202-7 Technical information and advice.
GSA will provide technical information, personnel management systems
services, and technical advice on improving logistical and management
services which GSA normally provides for itself or others under existing
authorities.
[[Page 26]]
Subpart 105-50.3--Principles Governing Reimbursements to GSA
Sec. 105-50.301 Established fees.
Where there is an established schedule of fees for services to other
Government agencies or the public, the schedule shall be used as the
basis for reimbursement for like services furnished to State and local
governments.
Sec. 105-50.302 Special fee schedules.
Where there is no established schedule of fees for types of service
which are ordinarily reimbursed on a fee basis, such schedules may be
developed and promulgated in conjunction with the Office of
Administration. The fees so established shall cover all direct costs,
such as salaries of personnel involved plus personnel benefits, travel,
and other related expenses and all indirect costs such as management,
supervisory, and staff support expenses determined or estimated from the
best available records in GSA. Periodically, fees shall be reviewed for
adequacy of recovery and adjusted as necessary.
Sec. 105-50.303 Cost basis in lieu of fees.
Where the cost of services is to be recovered on other than a fee
basis, upon receipt of a request from a State or local government for
such services, a written reply shall be prepared by the service or staff
office receiving the request stating the basis for reimbursement for the
services to be performed. The proposal shall be based on an estimate of
all direct costs, such as salaries of personnel involved plus personnel
benefits, travel, and other related expenses and on such indirect costs
as management, supervisory, and staff support expenses. An appropriate
surcharge may be developed to recover these indirect costs. The terms
thereof shall be concurred in by the Director of Administration.
Acceptance in writing by the requester shall constitute a binding
agreement between GSA and the requesting governmental unit.
Sec. 105-50.304 Services provided through revolving funds.
Where the service furnished is of the type which GSA is now billing
through revolving funds, reimbursement shall be obtained from State and
local governments on the same basis; i.e., the same pricing method,
billing forms, and billing support shall be used.
Sec. 105-50.304a Deposits.
Reimbursements to GSA for furnishing special or technical services
to State and local units of government will be deposited to the credit
of the appropriation from which the cost of providing such services has
been paid or is to be charged if such reimbursements are authorized.
Otherwise, the reimbursements will be credited to miscellaneous receipts
in the U.S. Treasury (42 U.S.C. 4223).
Sec. 105-50.305 Exemptions.
(a) Single copies of existing reports covering studies and
statistical compilations and other data or publications for which there
is no established schedule of fees shall be furnished without charge
unless significant expense is incurred in reproducing the material, in
which instance the actual cost thereof shall be charged.
(b) GSA may, pursuant to section 302 of the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4742), admit employees of State and
local units of government to training programs established for
professional, administrative, or technical personnel and may waive the
requirement for reimbursement in whole or in part.
Subpart 105-50.4--Reports
Sec. 105-50.401 Reports submitted to the Congress.
(a) The Administrator of General Services will furnish annually to
the respective Committees on Government Operations of the Senate and the
House of Representatives a summary report on the scope of the services
provided under Title III of the act and this part.
(b) Heads of Services and Staff Offices and all Regional
Administrators shall furnish the Director of Management Services, OAD,
by no later than January 15 of each year, the following information
concerning services provided during the preceding calendar year to State
and local units of government:
[[Page 27]]
(1) A brief description of the services provided, including any
other pertinent data;
(2) The State and/or local unit of government involved; and
(3) The cost of GSA to provide the service, including the amount of
reimbursement, if any, made by the benefitting government.
(c) Reports Control Symbol LAW-27-OA is assigned to this report.
Sec. 105-50.402 Reports submitted to the Office of Management and Budget.
Copies of the foregoing reports will be submitted by the
Administrator to the Office of Management and Budget not later than
March 30 of each year.
PART 105-51--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS--Table of Contents
Authority: Sec. 213, Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42
U.S.C. 4601) as amended by the Surface Transportation and Uniform
Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101 Stat.
246-256 (42 U.S.C. 4601 note).
Sec. 105-51.001 Uniform relocation assistance and real property acquisition.
Regulations and procedures for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L.
91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (Title IV
of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth
in 49 CFR part 24.
[52 FR 48024, Dec. 17, 1987; 54 FR 8913, Mar. 2, 1989]
PART 105-53--STATEMENT OF ORGANIZATION AND FUNCTIONS--Table of Contents
Sec.
105-53.100 Purpose.
Subpart A--General
105-53.110 Creation and authority.
105-53.112 General statement of functions.
105-53.114 General statement of organization.
105-53.116 General regulations.
105-53.118 Locations of material available for public inspection.
105-53.120 Address and telephone numbers.
Subpart B--Central Offices
105-53.130 Office of the Administrator.
105-53.130-1 [Reserved]
105-53.130-2 Office of Ethics and Civil Rights.
105-53.130-3 Office of the Executive Secretariat.
105-53.130-4 Office of Small and Disadvantaged Business Utilization.
105-53.131 Office of Inspector General.
105-53.132 GSA Board of Contract Appeals.
105-53.133 Information Security Oversight Office.
105-53.134 Office of Administration.
105-53.135 [Reserved]
105-53.136 Office of Congressional Affairs
105-53.137 Office of Acquisition Policy.
105-53.138 Office of General Counsel.
105-53.139 Office of the Comptroller.
105-53.140 Office of Operations and Industry Relations.
105-53.141 Office of Policy Analysis.
105-53.142 Office of Public Affairs.
105-53.143 Information Resources Management Service.
105-53.144 Federal Property Resources Service.
105-53.145 Federal Supply Service.
105-53.146 [Reserved]
105-53.147 Public Buildings Service.
Subpart C--Regional Offices
105-53.150 Organization and functions.
105-53.151 Geographic composition, addresses, and telephone numbers.
Authority: 5 U.S.C. 552(a)(1), Pub. L. 90-23, 81 Stat. 54 sec.
(a)(1); 40 U.S.C. 486(c), Pub. L. 81-152, 63 Stat. 390, sec. 205(c).
Source: 48 FR 25200, June 6, l983, unless otherwise noted.
Sec. 105-53.100 Purpose.
This part is published in accordance with 5 U.S.C. 552 and is a
general description of the General Services Administration.
Subpart A--General
Sec. 105-53.110 Creation and authority.
The General Services Administration was established by section 101
of the Federal Property and Administrative Services Act of 1949 (63
Stat. 377), effective July 1, 1949. The act consolidated and transferred
to the agency a variety
[[Page 28]]
of real and personal property and related functions fomerly assigned to
various agencies. Subsequent laws and Executive orders assigned other
related functions and programs.
Sec. 105-53.112 General statement of functions.
The General Services Administration, as a major policy maker,
provides guidance and direction to Federal agencies in a number of
management fields. GSA formulates and prescribes a variety of
Governmentwide policies relating to procurement and contracting; real
and personal property management; transportation, public transportation,
public utilities and telecommunications management; automated data
processing management; records management; the use and disposal of
property; and the information security program. In addition to its
policy role, GSA also provides a variety of basic services in the
aforementioned areas to other Government agencies. A summary description
of these services is presented by organizational component in subpart B.
[54 FR 26741, June 26, 1989]
Sec. 105-53.114 General statement of organization.
The General Services Administration is an independent agency in the
executive branch of the Government. The work of the agency as a whole is
directed by the Administrator of General Services, who is assisted by
the Deputy Administrator. A summary description of each of GSA's major
functions and organizational components is presented in subparts B and
C.
Sec. 105-53.116 General regulations.
Regulations of the General Services Administration and its
components are codified in the Code of Federal Regulations in title 1,
chapters I and II; title 32, chapter XX; title 41, chapters 1, 5, 101,
105, and 201; and title 48, chapters 1 and 5. Titles 1, 32, 41, and 48
of the Code of Federal Regulations are available for review at most
legal and depository libraries and at the General Services
Administration Central Office and regional offices. Copies may be
purchased from the Superintendent of Documents, Government Printing
Office, Washington, DC 20402.
[49 FR 24995, June 19, 1984]
Sec. 105-53.118 Locations of material available for public inspection.
GSA maintains reading rooms containing materials available for
public inspection and copying at the following locations:
(a) General Services Administration, 18th & F Streets, NW., Library
(Room 1033), Washington, DC 20405. Telephone 202-535-7788.
(b) Business Service Center, General Services Administration, 10
Causeway Street, Boston, MA 02222. Telephone: 617-565-8100.
(c) Business Service Center, General Services Administration, 26
Federal Plaza, NY, NY 10278. Telephone: 212-264-1234.
(d) Business Service Center, General Services Administration,
Seventh & D Streets, SW., Room 1050, Washington, DC 20407. Telephone:
202-472-1804.
(e) Business Service Center, General Services Administration, Ninth
& Market Streets, Room 5151, Philadelphia, PA 19107. Telephone: 215-597-
9613.
(f) Business Service Center, General Services Administration,
Richard B. Russell Federal Building, U.S. Courthouse, 75 Spring Street,
SW., Atlanta, GA 30303, Telephone: 404/331-5103.
(g) Business Service Center, General Services Administration, 230
South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5383.
(h) Business Service Center, General Services Administration, 1500
East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7203.
(i) Business Service Center, General Services Administration, 819
Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-3284.
(j) Business Service Center, General Services Administration, Denver
Federal Center, Denver, CO 80225. Telephone: 303-236-7408.
(k) Business Service Center, General Services Administration, 525
Market Street, San Francisco, CA 94105. Telephone: 415-974-9000.
(l) Business Service Center, General Services Administration, 300
North Los Angeles Street, Room 3259, Los Angeles, CA 90012. Telephone:
213-688-3210.
[[Page 29]]
(m) Business Service Center, General Services Administration, GSA
Center, Auburn, WA 98001. Telephone: 206-931-7957.
[48 FR 25200, June 6, 1983, as amended at 49 FR 24995, June 19, 1984; 50
FR 26363, June 26, 1985; 51 FR 23229, June 26, 1986; 52 FR 23657, June
24, 1987; 53 FR 23761, June 24, 1988]
Sec. 105-53.120 Address and telephone numbers.
The Office of the Administrator; Office of Ethics and Civil Rights;
Office of the Executive Secretariat; Office of Small and Disadvantaged
Business Utilization; Office of Inspector General; GSA Board of Contract
Appeals; Information Security Oversight Office; Office of
Administration; Office of Congressional Affairs; Office of Acquisition
Policy; Office of General Counsel; Office of the Comptroller; Office of
Operations and Industry Relations; Office of Policy Analysis; Office of
Public Affairs; Information Resources Management Service; Federal
Property Resources Service; and Public Buildings Service are located at
18th and F Streets NW., Washington, DC 20405. The Federal Supply Service
is located at Crystal Mall Building 4, 1941 Jefferson Davis Highway,
Arlington, VA, however, the mailing address is Washington, DC 20406. The
telephone number for the above addresses is 202-472-1082. The addresses
of the eleven regional offices are provided in Sec. 105-53.151.
[54 FR 26741, June 26, 1989]
Subpart B--Central Offices
Sec. 105-53.130 Office of the Administrator.
The Administrator of General Services, appointed by the President
with the advice and consent of the Senate, directs the execution of all
programs assigned to the General Services Administration. The Deputy
Administrator, who is appointed by the Administrator, assists in
directing agency programs and coordinating activities related to the
functions of the General Services Administration.
Sec. 105-53.130-1 [Reserved]
Sec. 105-53.130-2 Office of Ethics and Civil Rights.
The Office of Ethics and Civil Rights, headed by the Special Counsel
for Ethics and Civil Rights, is responsible for developing, directing,
and monitoring the agency's programs governing employee standards of
ethical conduct, equal employment opportunity, and civil rights. It is
the focal point for the agency's implementation of the Ethics in
Government Act of 1978. The principal statutes covering the Civil Rights
Program are Titles VI and VII of the Civil Rights Act of 1964, Title IX
of the Educational Amendments Act of 1972, sections 501 and 504 of the
Vocational Rehabilitation Act of 1973, the Age Discrimination in
Employment Act of 1975, and the Equal Pay Act.
[53 FR 23761, June 24, 1988]
Sec. 105-53.130-3 Office of the Executive Secretariat.
The Office of the Executive Secretariat, headed by the Director of
the Executive Secretariat, is responsible for policy coordination,
correspondence control, and various administrative tasks in support of
the Administrator and Deputy Administrator.
Sec. 105-53.130-4 Office of Small and Disadvantaged Business Utilization.
(a) Creation and authority. Public Law 95-507, October 14, 1978, an
amendment to the Small Business Act and the Small Business Investment
Act of 1958, established in each Federal agency having procurement
authority the Office of Small and Disadvantaged Business Utilization.
Each office is headed by a Director of Small and Disadvantaged Business
Utilization. The Director is appointed by the head of the agency or
department.
(b) Functions. The Director of Small and Disadvantaged Business
Utilization is responsible for the implementation and execution of the
functions and duties under Sections 8 and 15 of the Small Business Act
to include the issuance of policy direction and guidance.
[[Page 30]]
The office provides information, assistance, and counseling to business
concerns, including small businesses, small socially and economically
disadvantaged persons, women-owned businesses, labor surplus area
concerns, and workshops operated by the blind and other severely
handicapped persons. The office also conducts outreach, liaison, source
listings, and seminars for small and disadvantaged businesses and
coordinates and promotes procurement programs and policies.
Sec. 105-53.131 Office of Inspector General.
(a) Creation and authority. Public Law 95-452, known as the
Inspector General Act of 1978, consolidated existing audit and
investigation functions and established an Office of Inspector General
in 11 major domestic departments and agencies, including GSA. Each
office is headed by an Inspector General appointed by the President with
the advice and consent of the Senate.
(b) Functions. The Office of Inspector General is responsible for
policy direction and conduct of audit, inspection, and investigation
activities relating to programs and operations of GSA; and maintaining
liaison with other law enforcement agencies, the Department of Justice,
and United States Attorneys on all matters relating to the detection and
prevention of fraud and abuse. The Inspector General reports
semiannually to the Congress through the Administrator concerning fraud,
abuses, other serious problems, and deficiencies of agency programs and
operations; recommends corrective action; and reports on progress made
in implementing these actions.
Sec. 105-53.132 GSA Board of Contract Appeals.
(a) Creation and Authority. The GSA Board of Contract Appeals
(GSBCA), headed by the Chairman, GSA Board of Contract Appeals, was
established on February 28, 1979, by the Administrator of General
Services as an independent administrative/judicial tribunal under the
provisions of the Contract Disputes Act of 1978 (Pub. L. 95-563). The
Board was granted additional authority pursuant to the Brooks Act, 40
U.S.C. 759(f) (Pub. L. 99-591).
(b) Functions. The GSBCA hears, considers, and decides disputes
between contractors and GSA and other executive departments, agencies,
and commissions under the provisions of the Contract Disputes Act of
1978, the ``Disputes'' clause of contracts, and in connection with
contract related claims. The Board furnishes hearing examiners for the
Suspension and Debarment Board which serves as the factfinder in
suspension and proposed debarment matters. The Suspension and Debarment
Board provides the suspending official with a determination as to
whether adequate evidence exists to support the cause for suspension,
delivers written findings of fact to the debarring official which
resolve any facts in dispute based on a preponderance of the evidence
and determines whether a cause for debarment exists. The Board also
serves as an ad hoc body convened to consider any other type of dispute,
including appeals involving violations of post-Federal employment
restrictions pursuant to the Ethics in Govenment Act of 1978.
Additionally, the Board hears, considers, and decides ADP protests by
interested parties pursuant to the Brooks Act, 40 U.S.C. 759(f).
(c) Regulations. Regulations pertaining to GSBCA programs are
published in 41 CFR part 5A-60. Information on availability of the
regulations is provided in Sec. 105-53.116.
[48 FR 25200, June 6, 1983, as amended at 53 FR 23761, June 24, 1988]
Sec. 105-53.133 Information Security Oversight Office.
(a) Creation and authority. The Information Security Oversight
Office (ISOO), headed by the Director of ISOO, who is appointed by the
Administrator with the approval of the President, was established by the
Administrator on November 20, 1978, under the provisions of Executive
Order 12065. Effective August 1, 1982, this authority is based upon
Executive Order 12356, which superseded E.O. 12065.
(b) Functions. ISOO oversees and ensures, under the general policy
direction of the National Security Council, Government-wide
implementation of the information security program established by
Executive order.
[[Page 31]]
(c) Regulations. Regulations pertaining to ISOO Programs are
published in 32 CFR chapter XX, part 2000 et seq.
Sec. 105-53.134 Office of Administration.
The Office of Administration, headed by the Associate Administrator
for Administration, participates in the executive leadership of the
agency; providing advice on the formulation of major policies and
procedures, particularly those of a critical or controversial nature, to
the Administrator and Deputy Administrator. The Office plans and
administers programs in organization, productivity improvement, position
management, training, staffing, position classification and pay
administration, employee relations, workers' compensation, career
development, GSA internal security, reporting requirements, regulations,
internal directives, records correspondence procedures, Privacy and
Freedom of Information Acts, printing and duplicating, mail,
telecommunications, graphic design, cooperative administrative support,
and support for congressional field offices. The office also serves as
the central point of control for audit and inspection reports from the
Inspector General and the Comptroller General of the United States; and
manages the GSA internal controls evaluation, improvement, and reporting
program. In addition, the office includes a secretariat to oversee
Federal advisory committees.
[54 FR 26741, June 26, 1989]
Sec. 105-53.135 [Reserved]
Sec. 105-53.136 Office of Congressional Affairs.
The Office of Congressional Affairs, headed by the Associate
Administrator for Congressional Affairs, is responsible for directing
and coordinating the legislative and congressional activities of GSA.
[54 FR 26742, June 26, 1989]
Sec. 105-53.137 Office of Acquisition Policy.
(a) Functions. The Office of Acquisition Policy (OAP), headed by the
Associate Administrator for Acquisition Policy, serves as the single
focal point for GSA acquisition and contracting matters and is
responsible for ensuring that the GSA procurement process is executed in
compliance with all appropriate public laws and regulations and is based
on sound business judgment. Also, OAP exercises Governmentwide
acquisition responsibilities through its participation with the
Department of Defense and the National Aeronautics and Space
Administration in the development and publication of the Federal
Acquisition Regulation.
(b) Regulations. Regulations pertaining to OAP programs are
published in 48 CFR chapter 1, Federal Acquisition Regulation (FAR), and
in 48 CFR chapter 5, General Services Acquisition Regulation (GSAR).
Information on availability of the regulations is provided in Sec. 105-
53.116.
[52 FR 23657, June 24, 1987]
Sec. 105-53.138 Office of General Counsel.
Functions. The Office of General Counsel (OGC), headed by the
General Counsel, is responsible for providing all legal services to the
services, programs offices, staff offices, and regions of GSA with the
exception of certain legal activities of the Office of Inspector General
and legal activities of the Board of Contract Appeals; drafts
legislation proposed by GSA; furnishes legal advice required in
connection with reports on legislation proposed by other agencies;
provides liaison on legal matters with other Federal agencies;
coordinates with the Department of Justice in litigation matters; and
reviews and gives advice on matters of contract policy and contract
operations.
Sec. 105-53.139 Office of the Comptroller.
(a) Functions. The Office of the Comptroller, headed by the
Comptroller, is responsible for centralized agencywide budget and
accounting functions; overall allocation and administrative control of
agencywide resources and financial management programs; planning,
developing, and directing GSA's executive management information system;
and overseeing implementation of OMB Circular A-76 agencywide.
(b) Regulations. Regulations pertaining to the Office of the
Comptroller's programs are published in 41 CFR part 101-2. Information
on availability of
[[Page 32]]
the regulations is provided in Sec. 105-53.116.
[51 FR 23230, June 26, 1986, as amended at 53 FR 23762, June 24, 1988;
54 FR 26742, June 26, 1989]
Sec. 105-53.140 Office of Operations and Industry Relations.
The Office of Operations and Industry Relations, headed by the
Associate Administrator for Operations and Industry Relations, is
responsible for formulating GSA-wide policy that relates to regional
operations, supervising GSA's Regional Administrators, and planning and
coordinating GSA business and industry relations and customer liaison
activities.
[54 FR 26742, June 26, 1989]
Sec. 105-53.141 Office of Policy Analysis.
The Office of Policy Analysis, headed by the Associate Administrator
for Policy Analysis, is responsible for providing analytical support,
independent, objective information concerning management policies and
programs, and technical and analytical assistance in the areas of policy
analysis and resource allocation to the Administrator, senior officials,
and organizations in GSA.
[51 FR 23230, June 26, 1986]
Sec. 105-53.142 Office of Public Affairs.
The Office of Public Affairs, headed by the Associate Administrator
for Public Affairs, is responsible for the planning, implementation, and
coordination of GSA public information and public events and employee
communication activities, and managing and operating the Consumer
Information Center.
[51 FR 23230, June 26, 1986]
Sec. 105-53.143 Information Resources Management Service.
(a) Creation and authority. The Information Resources Management
Service (IRMS), headed by the Commissioner, Information Resources
Management Service, was established as the Office of Information
Resources Management on August 17, 1982 and subsequently redesignated as
IRMS on November 17, 1985, by the Administrator of General Services. The
Information Resources Management Service was assigned responsibility for
administering the Governmentwide information resources management
program, including records management, and procurement, management, and
use of automatic data processing and telecommunications resources.
(b) Functions. IRMS is responsible for directing and managing
Governmentwide programs for the procurement and use of automatic data
processing (ADP), office information systems, and telecommunications
equipment and services; developing and coordinating Governmentwide
plans, policies, procedures, regulations, and publications pertaining to
ADP; telecommunications and records management activities; managing and
operating the Information Technology Fund; managing and operating the
Federal Telecommunications System (FTS); planning and directing programs
for improving Federal records and information management practices
Governmentwide; managing and operating the Federal Information Centers;
developing and overseeing GSA policy concerning automated information
systems, equipment, and facilities; and providing policy and program
direction for the GSA Emergency Preparedness and Disaster Support
Programs.
(c) Regulations. Regulations pertaining to IRMS programs are
published in 41 CFR chapter 201, Federal Information Resources
Management Regulation (FIRMR), and 48 CFR chapters 1 and 5. Information
on availability of the regulations is provided in Sec. 105-53.116.
[51 FR 23230, June 26, 1986, as amended at 52 FR 23657, June 24, 1987]
Sec. 105-53.144 Federal Property Resources Service.
(a) Creation and authority. The Federal Property Resources Service
(FPRS), headed by the Commissioner, Federal Property Resources Service,
was established on July 18, 1978, by the Administrator of General
Services to carry out the utilization and disposal functions for real
and related personal property.
(b) Functions. FPRS is responsible for utilization surveys of
Federal real
[[Page 33]]
property holdings; the reuse of excess real property; and the disposal
of surplus real property.
(c) Regulations. Regulations pertaining to FPRS programs are
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapter H, and 48
CFR chapter 1. Information on availability of the regulations is
provided in Sec. 105-53.116
[54 FR 26742, June 26, 1989]
Sec. 105-53.145 Federal Supply Service.
(a) Creation and authority. The Federal Supply Service (FSS), headed
by the Commissioner, FSS, was established on December 11, 1949, by the
Administrator of General Services to supersede the Bureau of Federal
Supply of the Department of the Treasury which was abolished by the
Federal Property and Administrative Services Act of 1949. The Federal
Supply Service has been known previously as the Office of Personal
Property and the Office of Federal Supply and Services.
(b) Functions. FSS is responsible for determining supply
requirements; procuring personal property and nonpersonal services;
transferring excess (except ADP equipment) and donating and selling
surplus personal property; managing GSA's Governmentwide transportation,
traffic management, travel, fleet management, and employee relocation
programs; auditing of transportation bills paid by the Government and
subsequent settlement of claims; developing Federal standard purchase
specifications and Commercial Item Descriptions; standardizing
commodities purchased by the Federal Government; cataloging items of
supply procured by civil agencies; and ensuring continuity of supply
operations during defense emergency conditions.
(c) Regulations. Regulations pertaining to FSS programs are
published in 41 CFR chapters 1 and 5; 41 CFR chapter 101, subchapters A,
E, G, and H; and in 48 CFR chapters 1 and 5. Information on availability
of the regulations is provided in Sec. 105-53.116.
[49 FR 24996, June 19, 1984, as amended at 51 FR 23230, June 26, 1986]
Sec. 105-53.146 [Reserved]
Sec. 105-53.147 Public Buildings Service.
(a) Creation and authority. The Public Buildings Service (PBS),
headed by the Commissioner, Public Buildings Service, was established on
December 11, 1949, by the Administrator of General Services to supersede
the Public Buildings Administration, which was abolished by the Federal
Property and Administrative Services Act of 1949.
(b) Functions. PBS is responsible for the design, construction,
management, maintenance, operation, alteration, extension, remodeling,
preservation, repair, improvement, protection, and control of buildings,
both federally owned and leased, in which are provided housing
accommodations for Government activities; the acquisition, utilization,
custody, and accountability for GSA real property and related personal
property; representing the consumer interests of the Federal executive
agencies before Federal and State rate regulatory commissions and
providing procurement support and contracting for public utilities
(except telecommunications); the Safety and Environmental Management
Program for GSA managed Government-owned and-leased facilities;
providing for the protection and enhancement of the cultural environment
for federally owned sites, structures, and objects of historical,
architectural, or archaeological significance; ensuring that Federal
work space is used more effectively and efficiently; providing
leadership in the development and maintenance of needed property
management information systems for the Government; and coordination of
GSA activities towards improving the environment, as required by the
National Environmental Policy Act of 1959.
(c) Regulations. Regulations pertaining to PBS programs are
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapters D and H;
and in 48 CFR chapter 1. Information on availability of the regulations
is provided in Sec. 105-53.116.
[48 FR 25200, June 6, 1983, as amended at 49 FR 24996, June 19, 1984; 52
FR 23658, June 24, 1987]
[[Page 34]]
Subpart C--Regional Offices
Sec. 105-53.150 Organization and functions.
Regional offices have been established in 11 cities throughout the
United States. Each regional office is headed by a Regional
Administrator who reports to the Associate Administrator for Operations
and Industry Relations. The geographic composition of each region is
shown in Sec. 105-53.151.
[54 FR 26742, June 26, 1989]
Sec. 105-53.151 Geographic composition, addresses, and telephone numbers.
Regional Offices--General Services Administration
Region and Address
No. 1. (Comprising the States of Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, and Vermont); Boston FOB, 10 Causeway
Street, Boston, MA 02222. Telephone: 617-565-5860.
No. 2. (Comprising the States of New Jersey and New York, the
Commonwealth of Puerto Rico, and the Virgin Islands); 26 Federal Plaza,
New York, NY 10278. Telephone: 212-264-2600.
No. 3. (Comprising the States of Maryland, Virginia (except those
jurisdictions within the National Capital Region boundaries), West
Virginia, Pennsylvania, and Delaware); Ninth and Market Streets,
Philadelphia, PA 19107. Telephone 215-597-1237.
No. 4. (Comprising the States of Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee);
75 Spring Street, SW., Atlanta, GA 30303. Telephone: 404-331-3200.
No. 5. (Comprising the States of Illinois, Indiana, Michigan,
Minnesota, Ohio, and Wisconsin); 230 South Dearborn Street, Chicago, IL
60604. Telephone: 312-353-5395.
No. 6. (Comprising the States of Iowa, Kansas, Missouri, and
Nebraska); 1500 East Bannister Road, Kansas City, MO 64131. Telephone:
816-926-7201.
No. 7. (Comprising the States of Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas); 819 Taylor Street, Fort Worth, TX 76102.
Telephone: 817-334-2321.
No. 8. (Comprising the States of Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming); Building 41, Denver Federal Center,
Denver, CO 80225. Telephone: 303-236-7329.
No. 9. (Comprising Guam and the States of Arizona, California,
Hawaii, and Nevada); 525 Market Street, San Francisco, CA 94105.
Telephone : 415-974-9147.
No. 10. (Comprising the States of Alaska, Idaho, Oregon, and
Washington); GSA Center, Auburn, WA 98001. Telephone: 206-931-7000.
National Capital Region. (Comprising the District of Columbia;
Counties of Montgomery and Prince Georges in Maryland; and the City of
Alexandria and the Counties of Arlington, Fairfax, Loudoun, and Prince
William in Virginia); Seventh and D Streets, SW., Washington, DC 20407.
Telephone: 202-472-1100.
[51 FR 23231, June 26, 1986, as amended at 52 FR 23658, June 24, 1987;
53 FR 23762, June 24, 1988; 54 FR 26742, June 26, 1989]
PART 105-54 ADVISORY COMMITTEE MANAGEMENT--Table of Contents
Sec.
105-54.000 Scope of part.
Subpart 105-54.1--General Provisions
105-54.101 Applicability.
105-54.102 Definitions.
105-54.103 Policy.
105-54.104 Responsibilities.
Subpart 105-54.2--Establishment of Advisory Committees
105-54.200 Scope of subpart.
105-54.201 Proposals for establishing advisory committees.
105-54.202 Review and approval of proposals.
105-54.203 Advisory committee charters.
105-54.203-1 Preparation of charters.
105-54.203-2 Active charters file.
105-54.203-3 Submission to Library of Congress.
105-54.204 Advisory committee membership.
Subpart 105-54.3--Advisory Committee Procedures
105-54.300 Scope of subpart.
105-54.301 Meetings.
105-54.302 Committee records and reports.
105-54.303 Fiscal and administrative provisions.
105-54.304 Cost guidelines.
105-54.305 Renewal of advisory committees.
105-54.306 Amendment of advisory committee charters.
105-54.307 Termination of advisory committees.
105-54.308 Responsibilities of the Administrator.
105-54.309 Added responsibilities of service and staff office heads and
regional administrators.
105-54.310 Advisory committee duties of the GSA Committee Management
Officer.
105-54.311 Complaint procedures.
[[Page 35]]
Subpart 105-54.4--Reports
105-54.400 Scope of subpart.
105-54.401 Reports on GSA Federal Advisory Committees.
Authority: Pub. L. 92-463 dated October 6, 1972, as amended; and 5
U.S.C. 552.
Source: 53 FR 40224, Oct. 14, 1988, unless otherwise noted.
Sec. 105-54.000 Scope of part.
This part sets forth policies and procedures in GSA regarding the
establishment, operation, termination, and control of advisory
committees for which GSA has responsibility. It implements the Federal
Advisory Committee Act (Pub. L. 92-463), which authorizes a system
governing the establishment and operation of advisory committees in the
executive branch of the Federal Government, and Executive Order 11686 of
October 7, 1972, which directs the heads of all executive departments
and agencies to take appropriate action to ensure their ability to
comply with the provisions of the Act.
Subpart 105-54.1--General Provisions
Sec. 105-54.101 Applicability.
This part 105-54 applies to all advisory committees for which GSA
has responsibility. This part also applies to any committee that advises
GSA officials even if the committee were not established for that
purpose. This applicability, however, is limited to the period of the
committee's use as an advisory body. This part does not apply to:
(a) An advisory committee exempted by an Act of Congress;
(b) A local civic group whose primary function is to render a public
service in connection with a Federal program;
(c) A State or local committee, council, board, commission, or
similar group established to advise or make recommendations to State or
local officials or agencies;
(d) A meeting initiated by the President or one or more Federal
official(s) for the purpose of obtaining advice or recommendations from
one individual;
(e) A meeting with a group initiated by the President or one or more
Federal official(s) for the sole purpose of exchanging facts or
information;
(f) A meeting initiated by a group with the President or one or more
Federal official(s) for the purpose of expressing the group's views,
provided that the President or Federal official(s) does not use the
group recurrently as a preferred source of advice or recommendations;
(g) A committee that is established to perform primarily operational
as opposed to advisory functions. Operational functions are those
specifically provided by law, such as making or implementing Government
decisions or policy. An operational committee would be covered by the
Act if it becomes primarily advisory in nature;
(h) A meeting initiated by a Federal official(s) with more than one
individual for the purpose of obtaining the advice of individual
attendees and not for the purpose of utilizing the group to obtain
consensus advice or recommendations. However, such a group would be
covered by the Act when an agency accepts the group's deliberations as a
source of consensus advice or recommendations;
(i) A meeting of two or more advisory committee or subcommittee
members convened solely to gather information or conduct research for a
chartered advisory committee, to analyze relevant issues and facts, or
to draft proposed position papers for deliberation by the advisory
committee or a subcommittee of the advisory committee; and
(j) A committee composed wholly of full-time officers or employees
of the Federal Government.
Sec. 105-54.102 Definitions.
(a) The term ``advisory committee'' means any committee, board,
commission, council, conference, panel, task force, or other similar
group or any subcommittee thereof that is:
(1) Established by statute,
(2) Established or utilized by the President, or
(3) Established or utilized by any agency official to obtain advice
or recommendations that are within the scope of his/her responsibilies.
The term ``advisory committee'' excludes the Advisory Committee on
Intergovernmental Relations and any
[[Page 36]]
committees composed wholly of full-time officers or employees of the
Federal Government.
(b) ``Presidential advisory committee'' means any committee that
advises the President. It may be established by the President or by the
Congress, or may be used by the President to obtain advice or
recommendations.
(c) ``Independent Presidential advisory committee'' means any
Presidential advisory committee not assigned by the President, or the
President's delegate, or by the Congress in law, to an agency for
administrative and other support and for which the Administrator of
General Services may provide administrative and other support on a
reimbursable basis.
(d) ``Committee member'' means an individual who serves by
appointment on a committee and has the full right and obligation to
participate in the activities of the committee, including voting on
committee recommendations.
(e) ``Staff member'' means any individual who serves in a support
capacity to an advisory committee.
(f) ``Secretariat'' means the General Services Administration's
Committee Management Secretariat. Established pursuant to the Federal
Advisory Committee Act, it is responsible for all matters relating to
advisory committees, and carries out the Administrator's
responsibilities under the Act and Executive Order 12024.
(g) ``Utilized'' (or used), as stated in the definition of
``advisory committee'' above, refers to a situation in which a GSA
official adopts a committee or other group composed in whole or in part
of other than full-time Federal officers or employees with an
established existence outside GSA as a preferred source from which to
obtain advice or recommendations on a specific issue or policy within
the scope of his/her responsibilities in the same manner as that
official would obtain advice or recommendations from an established
advisory committee.
Sec. 105-54.103 Policy.
The basic GSA policy on committee management is as follows:
(a) Advisory committees will be formed or used by GSA only when
specifically authorized by law, or by the President, or specifically
determined as a matter of formal record by the Administrator of General
Services to be in the public interest in connection with the performance
of duties imposed on GSA by law;
(b) Advisory committees will not be used to administer a function
that is the assigned responsibility of a service or staff office;
(c) The assigned responsibility of a GSA official may not be
delegated to any committee;
(d) No advisory committee may be used for functions that are not
solely advisory unless specifically authorized by statute or
Presidential directive. Making policy decisions and determining action
to be taken with respect to any matter considered by an advisory
committee is solely the responsibility of GSA; and
(e) In carrying out its responsibilities, GSA will consult with and
obtain the advice of interested groups substantially affected by its
programs. The use of advisory committees for this purpose is considered
to be in the public interest and necessary for the proper performance by
GSA of its assigned functions.
Sec. 105-54.104 Responsibilities.
(a) Responsibility for coordination and control of committee
management in GSA is vested in the Associate Administrator for
Administration, who serves as the GSA Committee Management Officer
(CMO). This Officer carries out the functions prescribed in section 8(b)
of the Federal Advisory Committee Act. In doing so, the Officer controls
and supervises the establishment, procedures, and accomplishments of
GSA-sponsored advisory committees. The Organization and Productivity
Improvement Division, Office of Management Services, Office of
Administration, provides staff resources and furnishes the Staff Contact
Person (SCP) to the CMO.
(b) The Head of each Service and Staff Office and each Regional
Administrator selects a Committee Management Officer (CMO) to coordinate
and control committee management within the service, staff office, or
regional office and to act as liaison to the GSA
[[Page 37]]
Committee Management Officer. The duties of the CMOs are as follows:
(1) Assemble and maintain the reports, records, and other papers of
any GSA-sponsored committee during its existence (Arrangements may be
made, however, for the Government chairperson or other GSA
representative to retain custody of reports, records, and other papers
to facilitate committee operations. After the committee is terminated,
all committee records are disposed of following existing regulations.);
and
(2) Under agency regulations in 41 CFR 105-60, carry out the
provisions of 5 U.S.C. 552 with respect to the reports, records, and
other papers of GSA-sponsored advisory committees.
Subpart 105-54.2--Establishment of Advisory Committees
Sec. 105-54.200 Scope of subpart.
This subpart prescribes the policy and procedures for establishing
advisory committees within GSA.
Sec. 105-54.201 Proposals for establishing advisory committees.
(a) The Administrator approves the establishment of all GSA Federal
Advisory Committees.
(b) When it is decided that it is necessary to establish a
committee, the appropriate Head of the Service or Staff Office (HSSO)
must consider the functions of similar committees in GSA to ensure that
no duplication of effort will occur.
(c) The HSSO proposes the establishment of a Central Office or
regional advisory committee within the scope of assigned program
responsibilities. In doing so, the HSSO assures that advisory committees
are established only if they are essential to the conduct of agency
business. Advisory committees are established only if there is a
compelling need for the committees, the committees have a truly balanced
membership, and the committees conduct their business as openly as
possible under the law and their mandate. Each proposal is submitted to
the GSA Committee Management Officer for review and coordination and
includes:
(1) A letter addressed to the Committee Management Secretariat
signed by the HSSO with information copies for the Administrator, Deputy
Administrator, the Associate Administrator for Congressional and
Industry Relations, and the Special Counsel for Ethics and Civil Rights,
describing the nature and purpose of the proposed advisory committee;
why it is essential to agency business and in the public interest; why
its functions cannot be performed by an existing committee of GSA, by
GSA, or other means such as a public hearing; and the plans to ensure
balanced membership;
(2) A notice for publication in the Federal Register containing the
Administrator's certification that creation of the advisory committee is
in the public interest and describing the nature and purpose of the
committee; and
(3) A draft charter for review by the Committee Management
Secretariat.
(d) Subcommittees that do not function independently of the full or
parent advisory committee need not follow the requirements of paragraph
(c) of this section. However, they are subject to all other requirements
of the Federal Advisory Committee Act.
(e) The requirements of paragraphs (a) through (c) of this section
apply to any subcommittee of a chartered committee, whether its members
are drawn in whole or in part from the full or parent advisory
committee, that functions independently of the parent advisory
committee, such as by making recommendations directly to a GSA official
rather than for consideration by the chartered advisory committee.
Sec. 105-54.202 Review and approval of proposals.
(a) The GSA Committee Management Officer reviews each proposal to
make sure it conforms with GSA policies and procedures. The Officer
sends the letter of justification, including the draft charter, to the
Committee Management Secretariat. The Secretariat reviews the proposal
and provides its views within 15 calendar days of receipt, if possible.
The Administrator retains final authority for establishing a particular
advisory committee.
[[Page 38]]
(b) When the Secretariat notifies the Officer that establishing the
committee conforms with the Federal Advisory Committee Act, the Officer
obtains the Administrator's approval of the charter and the Federal
Register notice. The Officer publishes the notice in the Federal
Register at least 15 calendar days before the filing of the charter
under Sec. 105-54.203 with the standing committees of the Senate and the
House of Representatives having legislative jurisdiction over GSA. The
date of filing constitutes the date of establishment.
Sec. 105-54.203 Advisory committee charters.
No advisory committee may operate, meet, or take any action until
the Administrator approves its charter and the Committee Management
Officer sends a copy of it to the standing committees of the Senate and
the House of Representatives having legislative jurisdiction over GSA.
Sec. 105-54.203-1 Preparation of charters.
Each committee charter contains the following information:
(a) The committee's official designation;
(b) The committee's objectives and the scope of its activities;
(c) The period of time necessary for the committee to carry out its
purpose (if the committee is intended to function as a standing advisory
committee, this should be made clear);
(d) The official to whom the committee reports, including the
official's name, title, and organization;
(e) The agency and office responsible for providing the necessary
support for the committee;
(f) A description of the duties for which the committee is
responsible (if the duties are not solely advisory, the statutory or
Presidential authority for additional duties shall be specified);
(g) The estimated annual operating costs in dollars and person-years
for the committee;
(h) The estimated number and frequency of committee meetings;
(i) The committee's termination date, if it is less than 2 years
from the date of its establishment; and
(j) The date the charter is filed. This date is inserted by the GSA
Committee Management Officer after the Administrator approves the
charter.
Sec. 105-54.203-2 Active charters file.
The GSA Committee Management Officer retains each original signed
charter in a file of active charters.
Sec. 105-54.203-3 Submission to Library of Congress.
The GSA Committee Management Officer furnishes a copy of each
charter to the Library of Congress when or shortly after copies are
filed with the requisite committees of the Congress. Copies for the
Library are addressed: Library of Congress, Exchange and Gift Division,
Federal Documents Section, Federal Advisory Committee Desk, Washington,
DC 20540.
Sec. 105-54.204 Advisory committee membership.
(a) Advisory committees that GSA establishes represent the points of
view of the profession, industry, or other group to which it relates,
taking into account the size, function, geographical location,
affiliation, and other considerations affecting the character of a
committee. To ensure balance, the agency considers for membership a
cross-section of interested persons and groups with professional or
personal qualifications or experience to contribute to the functions and
tasks to be performed. This should be construed neither to limit the
participation nor to compel the selection of any particular individual
or group to obtain different points of view relevant to committee
business. The Administrator designates members, alternates, and
observers, as appropriate, of advisory committees. He/she designates a
Federal officer or employee to chair or attend each meeting of each
advisory committee. The Administrator also designates GSA employees to
serve on advisory committees sponsored by other Government agencies. The
HSSO or Regional Administrator submits nominations and letters of
designation for the Administrator's signature to
[[Page 39]]
the GSA Committee Management Officer and to the Special Counsel for
Ethics and Civil Rights for review and forwarding to the Administrator.
(b) Discrimination is prohibited on the basis of race, color, age,
national origin, religion, sex, or mental and physical handicap in
selecting advisory committee members.
(c) Nominees for membership must submit a Statement of Employment
and Financial Interests (provided to the nominee by the HSSO or Regional
Administrator) and may not be appointed until cleared by the Designated
Agency Ethics Official.
Subpart 105-54.3--Advisory Committee Procedures
Sec. 105-54.300 Scope of subpart.
This subpart sets forth the procedures that will be followed in the
operation of advisory committees within GSA.
Sec. 105-54.301 Meetings.
(a) Each GSA advisory committee meeting is open to the public unless
the Administrator decides otherwise;
(b) Each meeting is held at a reasonable time and in a place
reasonably accessible to the public;
(c) The meeting room size is sufficient to accommodate committee
members, committee or GSA staff, and interested members of the public;
(d) Any private citizen is permitted to file a written statement
with the advisory committee;
(e) Any private citizen is permitted to speak at the advisory
committee meeting, at the chairperson's discretion;
(f) All persons attending committee meetings at which classified
information will be considered are required to have an adequate security
clearance;
(g) The Designated Federal Officer (who may be either full time or
permanent part-time) for each advisory committee and its subcommittees
does the following:
(1) Approves or calls the meetings of the advisory committee;
(2) Approves the meeting agenda, which lists the matters to be
considered at the meeting and indicates whether any part of the meeting
will be closed to the public under the Government in the Sunshine Act (5
U.S.C. 552b(c)). Ordinarily, copies of the agenda are distributed to
committee members before the date of the meeting;
(3) Attends all meetings (no part of a meeting may proceed in the
Designated Federal Officer's absence);
(4) Adjourns the meeting when he or she determines that adjournment
is in the public interest; and
(5) Chairs the meeting when asked to do so.
(h) The Committee Chairperson makes sure that detailed minutes of
each meeting are kept and certifies to their accuracy. The minutes
include:
(1) Time, date, and place;
(2) A list of the following persons who were present;
(i) Advisory committee members and staff;
(ii) Agency employees; and
(iii) Private citizens who presented oral or written statements;
(3) The estimated number of private citizens present;
(4) An accurate description of each matter discussed and the
resolution of the matter, if any; and
(5) Copies of each report or other document the committee received,
issued, or approved.
(i) The responsible HSSO or the Regional Administrator publishes at
least 15 calendar days before the meeting a notice in the Federal
Register that includes:
(1) The name of the advisory committee as chartered;
(2) The time, date, place, and purpose of the meeting;
(3) A summary of the agenda; and
(4) A statement whether all or part of the meeting is open to the
public of closed; and if closed, the reasons why, and citing the
specific exemptions of the Government is the Sunshine Act (5 U.S.C.
552b) as the basis for closure;
(j) In exceptional circumstances and when approved by the General
Counsel or designee, less than 15 calendar days notice may be given,
provided the reasons for doing so are included in the committee meeting
notice published in the Federal Register;
(k) Notices to be published in the Federal Register are submitted to
the Federal Register Liaison Officer
[[Page 40]]
(CAID). At least five workdays are needed for printing of the notice;
(l) Meetings may also be announced by press release, direct mail,
publication in trade and professional journals, or by notice to special
interest and community groups affected by the Committee's deliberations.
This procedure cannot be a substitute for Federal Register publication;
(m) The fact that a meeting may be closed to the public under the
exemptions of the Government in the Sunshine Act does not relieve GSA of
the requirement to publish a notice of it in the Federal Register. The
Administrator may authorize an exception to this requirement for reasons
of national security if the HSSO requests it at least 30 calendar days
before the meeting, with the concurrence of the General Counsel of
designee.
(n) An advisory committee meeting is not open to the public, nor is
the attendance, appearance, or filing of statements by interested
persons permitted, if the Administrator decides that the meeting is
exempted under the Government in the Sunshine Act (5 U.S.C. 552b (c))
and there is sufficient reason to invoke the exemption. If only part of
the meeting concerns exempted matters, only that part is closed. The
HSSO or Regional Administrator submits any decisions concerning the
closing of meetings in writing to the Administrator for approval at
least 30 calendar days in advance of the meeting. These decisions
clearly set forth the reasons for doing so, citing the specific
exemptions used from the Government in the Sunshine Act in the meeting
notice published in the Federal Register. They are made available to the
public on request. The Administrator may waive the 30-day requirement
when a lesser period of time is requested and adequately justified.
(o) If any meeting or portion of a meeting is closed to public
attendance, the advisory committee issues a report at lease annually
setting forth a summary of its activities and such related matters as
would be informative to the public, consistent with the policy of 5
U.S.C. 552(b). Notice of the availability of the report and instructions
on how to gain access to it are published in the Federal Register no
later than 60 days after its completion. In addition, copies of the
report are filed with the Library of Congress.
(p) The General Counsel reviews all requests to close meetings.
(q) The HSSO or Regional Administrator publishes the meeting notices
in the Federal Register, including the reasons why all or part of the
meeting is closed, citing the specified exemptions used from the
Government in the Sunshine Act.
Sec. 105-54.302 Committee records and reports.
(a) Subject to the Freedom of Information Act (5 U.S.C. 552), the
records, reports, transcripts, minutes, appendixes, working papers,
drafts, studies, agenda, or other documents that were available to or
prepared for or by a GSA advisory committee are available (until the
committee ceases to exist) for public inspection and copying in the
office of the Government Chairperson or Designated Federal Officer.
Requests to inspect or copy these records are processed under 41 CFR
105-60.4. Except where prohibited by a contract entered into before
January 5, 1973, copies of transcripts, if any, of committee meetings
are made available by the Government chairperson or Designated Federal
Officer to any person at the cost of duplication. After the committee's
work ends, disposition of the committee documents and the release of
information from them are made in accordance with Federal records,
statutes, and regulations.
(b) Subject to 5 U.S.C. 552(b) and instructions of the Committee
Management Secretariat, the Government chairperson or Designated Federal
Officer files at least eight copies of each report an advisory committee
makes, including any report on closed meetings with the Library of
Congress at the time of its issuance. Where appropriate, the chairperson
also files copies of background papers that consultants to the advisory
committee prepare with the Library of Congress. The transmittal letter
identifies the materials being furnished, with a copy of the transmittal
provided to the GSA Committee Management Officer.
[[Page 41]]
Sec. 105-54.303 Fiscal and administrative provisions.
(a) Each HSSO and each Regional Administrator ensures that under
established GSA procedures, records are kept that fully disclose the
disposition of funds at the disposal of an advisory committee and the
nature and extent of the committee's activities.
(b) When GSA is assigned to provide administrative support for a
Presidential advisory committee, the Agency Liaison Coordinator in the
Office of the Deputy Regional Administrator, National Capital Region, as
a part of its support, arranges with the Office of Finance, Office of
the Comptroller, for maintaining all financial records.
(c) Unless otherwise provided in a Presidential order, statute, or
other authority, the GSA service or staff office sponsoring an advisory
committee provides support services for the committee.
(d) The guidelines in paragraph (e) through (l) of this section are
established under section 7(d) of the Federal Advisory Committee Act, 86
Stat. 773. They apply to the pay of members, staff, and consultants of
an advisory committee, except that nothing in this paragraph will affect
a rate of pay or a limitation on a rate of pay that is established by
statute or a rate of pay established under the General Schedule
classification and pay system in Chapter 51 and Subchapter III of
Chapter 53 of Title 5, U.S.C.
(e) The members of GSA advisory committee established pursuant to
the Administrator's authority under section 205(g) of the Federal
Property and Administrative Services Act of 1949, as amended (40 U.S.C.
486(g)), are not compensated, since, by law, members so appointed shall
service without compensation. A person who (without regard to his or her
service with an advisory committee) is a full-time Federal employee will
normally receive compensation at the rate at which he or she would
otherwise be compensated.
(f) When required by law, the pay of the members of GSA advisory
committees will be fixed to the daily equivalent of a rate of the
General Schedule in 5 U.S.C. 5332 unless the members are appointed as
consultants and compensated as provided in paragraph (h) of this
section. In determining an appropriate rate of pay for the members, GSA
must give consideration to the significance, scope, and technical
complexity of the matters with which the advisory committee is concerned
and the qualifications required of the members of the advisory
committee. GSA may not fix the pay of the members of an advisory
committee at a rate higher than the daily equivalent of the maximum rate
for a GS-15 under the General Schedule, unless a higher rate is mandated
by statute, or the Administrator has personally determined that a higher
rate of pay under the General Schedule is justified and necessary. Such
a determination must be reviewed by the Administrator annually.
Accordingly, the Administrator may not fix the pay of the members of an
advisory committee at a rate of pay higher than the daily equivalent of
a rate for a GSA 18, as provided in 5 U.S.C. 5332.
(g) The pay of each staff member of an advisory committee is fixed
at a rate of the General Schedule, General Management Schedule, or
Senior Executive Service pay rate in which the staff member's position
would be placed (5 U.S.C. Chapter 51). GSA cannot fix the pay of a staff
member higher than the daily equivalent of the maximum rate for GS-15
unless the Administrator decides that under the General Schedule,
General Management Schedule, or Senior Executive Service classification
system, the staff member's position should be higher than GS-15. The
Administrator must review this decision annually.
(1) In establishing compensation rates, GSA must comply with
applicable statutes, regulations, Executive Orders, and administrative
guidelines.
(2) A staff member who is a Federal employee serves with the
knowledge of the Designated Federal Officer and the approval of the
employee's direct supervisor. A staff member who is a non-Federal
employee is appointed under agency procedures, after consultation with
the advisory committee.
(h) The pay of a consultant to an advisory committee will be fixed
after giving consideration to the qualifications required of the
consultant and the significance, scope, and technical complexity of the
work. The rate of
[[Page 42]]
pay will not exceed the maximum rate of pay which the agency may pay
experts and consultants under 5 U.S.C. 3109 and must be in accordance
with any applicable statutes, regulations, Executive Orders, and
administrative guidelines.
(i) Advisory committee and staff members, while performing their
duties away from their homes or regular places of business, may be
allowed travel expenses, including per diem instead of subsistence, as
authorized by 5 U.S.C. 5703 for persons employed intermittently in the
Government service.
(j) Members of an advisory committee and its staff who are blind or
deaf or who otherwise qualify as handicapped persons (under section 501
of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and who do not
otherwise qualify for assistance under 5 U.S.C. 3102, as an employee of
an agency (under section 3102(a)(1) of Title 5), may be provided the
services of a personal assistant.
(k) Under this paragraph, GSA may accept the gratuitous services of
a member, consultant, or staff member of an advisory committee who
agrees in advance to serve without compensation.
(l) A person who immediately before his or her service with an
advisory committee was a full-time Federal employee may receive
compensation at the rate at which he or she was compensated as a Federal
employee.
Sec. 105-54.304 Cost guidelines.
(a) The reporting and estimating of the costs of advisory committees
include direct obligations for the following items:
(1) Pay compensation of committee members; consultants to the
committee; all permanent, temporary, or part-time (GM, GS, WB, or other)
positions which are a part of or support the committee; and all overtime
related to committee functions (Compensation should reflect actual or
estimated Federal person-years or parts thereof devoted to a committee's
activities. It includes the compensation of Federal employees assigned
to committees, on a reimbursable or nonreimbursable basis, from agencies
or departments other than to which the committee reports.);
(2) Personnel benefits associated with the above compensation (13
percent of basic payroll);
(3) Travel costs (including per diem) of committee members;
consultants; and all permanent, temporary, or part-time positions which
are a part of or support the committee;
(4) Transportation of things, communications, and printing and
reproduction;
(5) Rent for additional space acquired for committee use;
(6) Other services required by the committee, including data
processing services, management studies and evaluations, contractual
services, and reimbursable services; and
(7) Supplies, materials, and equipment acquired for committee use.
(b) The reporting and estimating of the cost of advisory committees
does not include indirect or overhead costs; e.g., the costs of the
committee management system (committee management officers, etc.).
Sec. 105-54.305 Renewal of advisory committees.
(a) Each advisory committee being continued is renewed for
successive 2-year periods beginning with the date when it was
established according to the following, except for statutory advisory
committees: (For renewal of statutory advisory committees, see paragraph
(b) of this section.)
(1) Advisory committees are not renewed unless there is a compelling
need for them, they have balanced membership, and they conduct their
business as openly as possible under the law.
(2) The renewal of a committee requires that the responsible HSSO
submit to the GSA Committee Management Officer the following:
(i) An updated charter with an explanation of the need for the
renewal of the committee. The charter and explanation are furnished 60
calendar days before the 2-year anniversary date of the committee.);
(ii) A letter signed by the HSSO to the Director, Committee
Management Secretariat, with information copies to the Administrator and
the Deputy Administrator, setting forth:
[[Page 43]]
(A) An explanation of why the committee is essential to the conduct
of agency business and is in the public interest;
(B) GSA's plan to attain balanced membership of the committee; and
(C) An explanation of why the committee's functions cannot be
performed by GSA, another existing GSA advisory committee, or other
means such as a public hearing;
(iii) A notice for publication in the Federal Register describing
the nature and purpose of the committee and containing a certification
by the Administrator that renewing the advisory committee is in the
public interest.
(3) On receiving the above documents, the GSA Committee Management
Officer submits the renewal letter to the Committee Management
Secretariat not more than 60 calendar days nor less than 30 days before
the committee expires. Following receipt of the Committee Management
Secretariat's views on the committee renewal, the Officer obtains the
Administrator's approval of the charter and the Federal Register notice.
The Officer publishes notice of the renewal in the Federal Register and
files copies of the updated charter. The 15-day notice requirement does
not apply to committee renewals, notices of which may be published
concurrently with the filing of the charter.
(b) Each statutory advisory committee is renewed by the filing of a
renewal charter upon the expiration of each successive 2-year period
following the date of enactment of the statute establishing the
committee according to the following:
(1) The procedures in paragraph (a)(2) of this section apply to the
renewal of a statutory committee except that neither prior consultation
with the Committee Management Secretariat nor a Federal Register notice
is required. Accordingly, the letter that paragraph a(2)(ii) requires is
sent to the Administrator rather than the Committee Mangement
Secretariat. Due to the nature of a committee the law established, the
explanation of the need to continue the committee's existence is less
extensive than the explanation for the continuation of a non-statutory
committee; and
(2) The GSA Committee Management Officer provides the Committee
Management Secretariat with a copy of the filed charter.
(c) An advisory commitee required to file a new charter may not take
any action other than preparing the charter between the date it is to be
filed and the date it is actually filed.
Sec. 105-54.306 Amendment of advisory committee charters.
(a) A charter is amended when GSA decides that the existing charter
no longer accurately reflects the objectives or functions of the
committee. Changes may be minor, such as revising the name of the
committee or modifying the estimated number or frequency of meetings, or
they may be major dealing with the basic objectives or composition of
the committee. The Administrator retains final authority for amending
the charter of an advisory committee. Amending an existing advisory
committee charter does not constitute renewal of the committee.
(b) To make a minor amendment, the Administrator approves the
amended charter and has it filed according to Sec. 105-54.203-1.
(c) To make a major amendment, the Committee Management Officer
submits an amended charter and a letter to the Committee Management
Secretariat, signed by the HSSO with the concurrence of the General
Counsel or designee, requesting the Secretariat's views on the amended
language, along with an explanation of the purpose of the changes and
why they are necessary. The Secretariat reviews the proposed changes and
notifies the Committee Management Officer of its views within 15
calendar days of receiving it, if possible. The Administrator has the
charter filed according to Sec. 105-54.203-1.
(d) Amending an existing charter does not constitute renewal of the
committee.
Sec. 105-54.307 Termination of advisory committees.
(a) The sponsoring HSSO terminates an advisory commitee that has
fulfilled the purpose stated in its charter. The official takes action
to rescind any existing orders relating to the committee and to notify
committee members, the
[[Page 44]]
GSA Committee Management Officer, and the Committee Management
Secretariat of the termination.
(b) Failing to continue an advisory committee by the 2-year
anniversary date terminates the committee, unless its duration is
provided for by law.
Sec. 105-54.308 Responsibilities of the Administrator.
The Administrator must ensure:
(a) Compliance with the Federal Advisory Committee Act and this
chapter;
(b) Issuance of administrative guidelines and management controls
that apply to all advisory committees established or used by the agency;
(c) Designation of a Committee Management Officer to carry out the
functions specified in section 89(b) of the Federal Advisory Committee
Act;
(d) Provision of a written determination stating the reasons for
closing any advisory committee meeting to the public;
(e) A review, at least annually, of the need to continue each
existing advisory committee, consistent with the public interest and the
purpose and functions of each committee;
(f) The appointment of a Designated Federal Officer for each
advisory committee and its subcommittee;
(g) The opportunity for reasonable public participation in advisory
committee activities; and
(h) That the number of committee members is limited to the fewest
necessary to accomplish committee objectives.
Sec. 105-54.309 Added responsibilities of service and staff office heads and regional administrators.
(a) No later than the first meeting of an advisory committee, submit
to committee members, committee staff, consultants, and appropriate
agency management personnel a written statement of the purpose,
objectives, and expected accomplishments of the committee;
(b) Solicit in writing or in a formal meeting at least annually the
views of committee members on the effectiveness, activities, and
management of the committee, including recommendations for improvement.
Review comments to determine whether improvements or corrective action
is warranted. Retain recommendations until the committee is terminated
or renewed.
(c) Involve key management personnel of the agency whose interests
are affected by the committee in committee meetings, including reviewing
reports and establishing agendas.
(d) Periodically, but not less than annually, review the level of
committee staff suport to make sure that expenditures are justified by
committee activity and benefit to the Government.
(e) Monitor the attendance and participation of committee members
and consider replacing any member who misses a substantial number of
scheduled meetings.
(f) Establish meeting dates and distribute agendas and other
materials well in advance.
Sec. 105-54.310 Advisory committee duties of the GSA Committee Management Officer.
In addition to implementing the provisions of section 8(b) of the
Federal Advisory Committee Act, the GSA Committee Management Officer
carries out all responsibilities delegated by the Administrator. The
Officer ensures that sections 10(b), 12(a), and 13 of the Act are
implemented by GSA to provide for appropriate record keeping. Records
include, but are not limited to:
(a) A set of approved charters and membership lists for each
advisory committee;
(b) Copies of GSA's portion of the Annual Report of Federal Advisory
Committees.
(c) Guidelines on committee management operations and procedures as
maintained and updated; and
(d) Determinations to close advisory committee meetings.
Sec. 105-54.311 Complaint procedures.
(a) Any person whose request for access to an advisory committee
document is denied may seek administrative review under 41 CFR 105-60,
which implements the Freedom of Information Act. (See GSA Order, GSA
regulations under the ``Freedom of Information Act'' (ADM 7900.3A).)
(b) Aggrieved individuals or organizations may file written
complaints on
[[Page 45]]
matters not involving access to documents with the Deputy Administrator,
General Services Administration, Washington, DC 20405. Complaints must
be filed within 90 calendar days from the date the grievance arose. The
Deputy Administrator promptly acts on each complaint and notifies the
complainant in writing of the decision.
Subpart 105-54.4--Reports
Sec. 105-54.400 Scope of subpart.
This subpart sets forth the reports required by this part 105-54 and
prescribes instructions for submission of the reports.
Sec. 105-54.401 Reports on GSA Federal Advisory Committees.
(a) The Committee Management Secretariat periodically issues
reporting instructions and procedures. The GSA Committee Management
Officer files a report each fiscal year providing program, financial,
and membership information. The Secretariat uses the information in
preparing recommendations and status reports on advisory committee
matters and in assisting the President in preparing and submitting a
fiscal year report to the Congress. Instructions for preparing GSA's
submission are provided by the GSA Committee Management Officer.
(b) Reports on closed meetings are required as specified in
Sec. 105-54.301(o).
PART 105-55--COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents
Sec.
105-55.001 Background.
105-55.002 Purpose.
105-55.003 Applicability.
105-55.004 Demand for payment.
105-55.005 Interest, administrative charges, and penalty charges.
105-55.006 Responsibility for collection.
105-55.007 Collection by offset.
105-55.008 Settlement of claims.
105-55.009 Referral for litigation.
105-55.010 Disclosure to credit reporting agencies and referrals to
collection agencies.
105-55.011 Credit report.
Authority: 31 U.S.C. 3701-3719; Pub. L. 97-365, 96 Stat. 1754.
Source: 50 FR 37531, Sept. 16, 1985, unless otherwise noted.
Sec. 105-55.001 Background.
The Department of Justice and the General Accounting Office have
jointly issued amended Federal Claims Collection Standards (4 CFR parts
101-105) which reflect changes to the Federal Claims Collection Act of
1966 (31 U.S.C. 3701-3719) made by the passage of the Debt Collection
Act of 1982 (Pub. L. 97-365, 96 Stat. 1754). The preamble to the amended
Federal Claims Collection Standards instructs individual agencies to
adopt their own regulations as to detailed procedures in furtherance of
the Federal Claims Collection Standards. Additionally, the Debt
Collection Act of 1982 directs, as reflected in the Federal Claims
Collection Standards, that each agency must prescribe regulations on
collecting by administrative offset and that each agency may prescribe
regulations identifying circumstances appropriate to waive collection of
interest and charges in conformity with the Federal Claims Collection
Standards.
Sec. 105-55.002 Purpose.
In keeping with the suggestion in the preamble to the amended
Federal Claims Collection Standards and the directives in the Debt
Collection Act of 1982 and the Federal Claims Collection Standards as to
administrative offset and the collection of interest and charges, this
part provides procedures for the General Services Administration to
collect, compromise, or terminate collection action on claims owed to
the United States arising from activities under GSA jurisdiction. It
implements the Federal Claims Collection Act as amended by the Debt
Collection Act. It supplements the regulations published jointly by the
General Accounting Office and the Department of Justice. It sets forth
procedures by which GSA:
(a) Will collect claims owed to the United States;
(b) Will determine and collect interest and other charges on those
claims;
(c) Will compromise claims; and
(d) Will refer unpaid claims for litigation.
Sec. 105-55.003 Applicability.
(a) This part applies to all claims due the United States under the
Federal
[[Page 46]]
Claims Collection Act, as amended by the Debt Collection Act, arising
from activities under the jurisdiction of the General Services
Administration, except for the collection by administrative offset of
those claims arising out of contracts subject to the Contracts Disputes
Act of 1982, 41 U.S.C. 601 et. seq. The word ``claims'' includes but is
not limited to amounts due the United States from fees, overpayments,
fines, civil penalties, damages, interest and other sources.
(b) Claims arising from the audit of transportation accounts
pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised,
terminated or settled in accordance with regulation published under the
authority of 31 U.S.C. 3726 (see 41 CFR part 101-41, administered by the
Director, Office of Transportation Audits) and are otherwise excepted
from these regulations.
[50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8, 1987]
Sec. 105-55.004 Demand for payment.
(a) A total of three progressively stronger written demands at
approximately 30-day intervals will normally be made, unless a response
or other information indicates that additional written demands would
either be unnecessary or futile. When necessary to protect the
Government's interest, written demand may be preceded by other
appropriate actions under the Federal Claims Collection Standards,
including immediate referral for litigation and/or offset.
(b) The initial written demand for payment shall inform the debtor
of:
(1) The basis for the claim;
(2) The amount of the claim;
(3) The date when payment is due; (30 days from date of mailing or
hand delivery of the initial demand for payment);
(4) The provision for interest, penalties, and administrative
charges in accordance with 31 U.S.C. 3717, if payment is not received by
the due date (See Sec. 105-55.005 for details regarding interest,
administrative charges, and penalty charges.)
(5) The intent of the agency to collect by administrative offset,
including asking the assistance of other Federal agencies to help in the
offset whenever possible, if the debtor has not made payment by the
payment due date, has not requested a review of the claim within the
agency as set out in paragraph (b)(8) of this section or has not made an
arrangement for payment by the payment due date;
(6) The right of the debtor to inspect and copy the records of the
agency related to the claim. Any costs associated therewith shall be
borne by the debtor. The debtor shall give reasonable notice in advance
to the agency of the date upon which it intends to inspect and copy the
records involved;
(7) The right of the debtor to a review of the claim within the
agency. If the claim is disputed in full or part, the debtor shall
respond to the demand in writing by making a request for a review of the
claim within the agency by the payment due date stated in the demand.
The debtor's written response shall state the basis for the dispute. If
only part of the claim is disputed, the undisputed portion should be
paid by the date stated in the initial demand. The agency shall
acknowledge receipt of the request for a review, and upon completion of
consideration shall notify the debtor whether its determination has been
sustained, amended, or canceled within 15 days of the receipt of the
request for a review. If the agency either sustains or amends its
determination, it shall notify the debtor of its intent to collect by
administrative offset unless payment is received within 15 days of the
mailing of the notification of its decision following a review of the
claim.
(8) The right of the debtor to offer to make a written agreement to
repay the amount of the claim. The acceptance of such an agreement is
discretionary with the agency. If the debtor requests a repayment
arrangement because a payment of the amount due would create a financial
hardship, the appropriate GSA Regional Finance Division will analyze the
debtor's financial condition. Dependent upon the Regional Finance
Division's evaluation of the financial strength of the debtor, the
Comptroller or the appropriate designee and the debtor may agree to a
written installment repayment schedule. The debtor shall execute a
confess-judgment note which specifies all of
[[Page 47]]
the terms of the arrangement. The size and frequency of installment
payments should bear a reasonable relation to the size of the debt and
the debtor's ability to pay. Interest, administrative charges, and
penalty charges shall be provided for in the note. The debtor shall be
provided with a written explanation of the consequences of signing a
confess-judgment note. The debtor shall sign a statement acknowledging
receipt of the written explanation which shall recite that the statement
was read and understood before execution of the notice and that the note
is being signed knowingly and voluntarily. Some form of objective
evidence of these facts should be maintained in the agency's file on the
debtor.
(c) If no response to the demand is received by the date stated in
the demand, GSA will take further action under this subpart or under the
Federal Claims Collection Standards. These actions may include reports
to credit bureaus, referrals to collection agencies, termination of
contract, debarment, offset of Federal salary, and other administrative
offset, as authorized in 31 U.S.C. 3701-3719.
Sec. 105-55.005 Interest, administrative charges, and penalty charges.
(a) GSA shall assess interest on unpaid claims at the rate of the
current value of funds to the Treasury as prescribed by the Secretary of
the Treasury on the date interest begins to run. GSA shall assess
administrative charges to cover the costs of processing and handling
overdue claims. GSA shall assess penalty charges of six percent a year
on any part of a debt more than 90 days past due. The imposition of
interest, administrative charges, and penalty charges are made in
accordance with 31 U.S.C. 3717.
(b) Interest will be computed from the date of mailing or hand
delivery of the initial demand if the amount of the claim is not paid
within 30 days. The 30-day period may be extended in individual cases if
there is good cause to do so and it is in the public interest. Interest
will only be computed on the principal of the claim and the interest
rate will remain fixed for the duration of the indebtedness, except
where a debtor has defaulted on a repayment agreement and seeks to enter
into a new agreement. A new rate which reflects the current value of
funds to the Treasury at the time the new agreement is executed may be
set if applicable and interest on interest and related charges may be
charged where the debtor has defaulted on a previous repayment
agreement. Charges which accrued but were not collected under the
defaulted agreement shall be added to the principal to be paid under the
new repayment schedule.
(c) GSA may waive interest, administrative charges, or penalty
charges if it finds that:
(1) The debtor is unable to pay any significant sum toward the claim
within a reasonable period of time;
(2) Collection of interest, administrative charges, or penalty
charges will jeopardize collection of the principal of the claim; or
(3) It is otherwise in the best interests of the United States,
including the situation where an offset or installment payment agreement
is in effect.
Sec. 105-55.006 Responsibility for collection.
(a) Heads of Central Office Services and Staff Offices and Regional
Administrators must initiate actions on claims arising from their
program operations and immediately notify the appropriate Regional
Finance Division. A claim will be recorded and controlled by the
Regional Finance Division upon receipt of documentation from a competent
authority establishing the amount due.
(b) The collection of claims under the control of Regional Finance
Divisions will be aggressively pursued in accordance with the provisions
of part 102 of the Federal Claims Collection Standards (4 CFR part 102).
Whenever feasible, debts owed to the United States, together with
interest, administrative charges and penalty charges, should be
collected in full in one lump sum. If the debtor requests installment
payments, the Regional Finance Divisions shall be responsible for
determining the financial hardship of debtors and when appropriate shall
arrange installment payment schedules. Claims which cannot be collected
either directly or by administrative offset shall either be
[[Page 48]]
written off as administratively uncollectible in accordance with
authority delegated to the Director, Office of Finance and the
Directors, Regional Finance Divisions, or referred to the appropriate
Assistant General Counsel or Regional Counsel for further consideration.
(c) The General Counsel, delegated officials in the Office of
General Counsel, and each Regional Counsel may compromise or suspend or
terminate the collection of, referred claims under $20,000, exclusive of
interest, penalties and administrative charges under the Act and the
Federal Claims Collection Standards 4 CFR parts 103 and 104.
(d) The Office of General Counsel officials listed in paragraph (c)
of this section have the responsibility for referring to the Department
of Justice all claims over $20,000 exclusive of interest, penalties and
administrative charges which cannot be compromised, suspended or
terminated in accordance with the Federal Claims Collection Act and the
Federal Claims Collections Standards. Referrals to the Department of
Justice shall be made in accordance with 4 CFR part 105 of the Federal
Claims Collections Standards.
Sec. 105-55.007 Collection by offset.
(a) Whenever feasible, after a debtor fails to pay the claim,
request a review of the claim, or make an arrangement for payment. The
Comptroller or his appropriate regional designee will collect claims
under this part by means of administrative offset against obligations of
the United States to the debtor, pursuant to 31 U.S.C. 3716, except
offset of Federal salaries and claims arising out of contracts subject
to the Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq.
(b) Salary offsets and offsets against military retired pay are
governed by 5 U.S.C. 5514.
(c) Collection by administrative offset of amounts payable from
Civil Service Retirement and Disability Fund will be made pursuant to 5
U.S.C. 5514 and 5 U.S.C. 5705 and regulations thereunder.
(d) The offset of claims arising out of contracts subject to the
Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq. will be made
pursuant to the Government common law right of offset.
(e) GSA will promptly make requests for offset to other agencies
holding funds payable to a debtor and provide instructions for the
transfer of these funds. Requests for offset received from other
agencies shall be processed promptly and the funds transferred to the
requesting agency.
(f) If administrative offset cannot be effected through GSA or other
known agency accounts receivable, then GSA will place a complete stop
order against amounts otherwise payable to the debtor by placing the
name of that debtor on the Department of the Army ``List of Contractors
Indebted to the United States.'' If any amounts are discovered under
this procedure, they will be offset against the debt owed to GSA.
(g) GSA should not attempt to effect collection by administrative
offset when:
(1) The debtor has ceased to do business and there are no known or
potential obligations payable by any agency of the United States
Government to the debtor.
(2) The debt in question is over ten years old.
(3) The debtor has either gone into receivership and has liquidated
all of its assets or has filed a petition in bankruptcy as a no asset
debtor, and there is no likelihood of the debtor resuming operations;
and there are no known or potential obligations payable by any agency of
the United States Government to the debtor. In the case of a bankruptcy
petition, the automatic stay against setoff must be honored pending
release from the stay.
(4) The debtor is deceased, and there are no attachable assets in
the estate.
(5) Any other circumstances which would indicate that the likelihood
of collection by administrative offset is less than probable.
[50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8, 1987]
Sec. 105-55.008 Settlement of claims.
(a) In accordance with the provisions of 4 CFR part 103, GSA
officials listed in Sec. 105-55.006(c) may settle claims not exceeding
$20,000 exclusive of interest, penalties and administrative charges
[[Page 49]]
by compromise at less than the principal of the claim if:
(1) The debtor shows an inability to pay the full amount within a
reasonable time;
(2) The Government would be unable to enforce complete collection by
any means within a reasonable time;
(3) The amount of the claim does not justify the actual foreseable
collection cost of the claim; or
(4) A combination of the above reasons.
(b) GSA may suspend or terminate collection action in accordance
with the terms and procedures contained in 4 CFR part 104.
Sec. 105-55.009 Referral for litigation.
Claims which cannot be settled under Sec. 105-55.008 or for which
collection action cannot be suspended or terminated under 4 CFR parts
103 and 104, will be referred to the General Accounting Office or the
Department of Justice, whichever is appropriate, in accordance with the
procedures in 4 CFR part 105.
Sec. 105-55.010 Disclosure to credit reporting agencies and referrals to collection agencies.
The Comptroller and his designees may disclose debtor information to
credit reporting agencies and may refer delinquent debts to debt
collection agencies under the Federal Claims Collection Act, as amended,
and other applicable authorities, provided, however, that no claim
arising from the dishonor of any check or other negotiable instrument
shall be disclosed to a credit reporting agency or referred to a
collection agency without the concurrence of the appropriate Regional
Inspector General for Investigations. Information will be disclosed to
reporting agencies and referred to debt collection agencies in
accordance with the terms and conditions of agreements entered into
between GSA and the reporting and collection agencies. The terms and
conditions of such agreements shall specify that all of the rights and
protections afforded to the debtor under 31 U.S.C. 3711(f) have been
fulfilled.
Sec. 105-55.011 Credit report.
In order to aid the agency in making appropriate determinations as
to the collection and compromise of claims; the collection of interest,
administrative charges, and penalty charges; the use of administrative
offset; the use of other collection methods; and the likelihood of
collecting the claim, the Comptroller or his designees may institute a
credit investigation of the debtor immediately following receipt of
knowledge of the claim.
PART 105-56--SALARY OFFSET FOR INDEBTEDNESS OF GENERAL SERVICES ADMINISTRATION EMPLOYEES TO THE UNITED STATES--Table of Contents
Sec.
105-56.001 Scope.
105-56.002 Excluded debts or claims.
105-56.003 Definitions.
105-56.004 Pre-offset notice.
105-56.005 Employee response.
105-56.006 Petition for pre-offset hearing.
105-56.007 Pre-offset oral hearing.
105-56.008 Pre-offset ``paper hearing.''
105-56.009 Written decision.
105-56.010 Deductions.
105-56.011 Non-waiver of rights.
105-56.012 Refunds.
105-56.013 Coordinating offset with another Federal agency.
Authority: 5 U.S.C. 5514; Pub. L. 97-365, 96 Stat. 1754.
Source: 53 FR 31864, Aug. 22, 1988, unless otherwise noted.
Sec. 105-56.001 Scope.
(a) This part covers both internal and Government-wide collections
under 5 U.S.C. 5514. It applies when certain debts to the U.S. are
recovered by administrative offset from the disposable pay of an
employee of the U.S. Government, except in situations where the employee
consents to the recovery.
(b) The collection of any amount under this section shall be in
accordance with the standards promulgated pursuant to the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701 et seq.) or in accordance with
any other statutory authority for the collection of claims of the U.S.
or any Federal agency.
Sec. 105-56.002 Excluded debts or claims.
This part does not apply to:
[[Page 50]]
(a) Debts or claims arising under the Internal Revenue Code of 1954
as amended (26 U.S.C. 1 et seq.), the Social Security Act (41 U.S.C. 301
et seq.), or the tariff laws of the United States.
(b) To any case where collection of a debt by salary offset is
explicitly provided for or prohibited by another statute, such as travel
advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C.
4108. Debt collection procedures under other statutory authorities,
however, must be consistent with the provisions of FCCS, defined below..
(c) An employee election of coverage or of a change of coverage
under a Federal benefits program which requires periodic deductions from
pay if the amount to be recovered was accumulated over four pay periods
or less.
Sec. 105-56.003 Definitions.
The following definitions apply to this part:
``Administrator'' means the Administrator of the General Services or
the Administrator's designee.
``Debt'' means an amount owed to the United States from sources
which include loans insured or guaranteed by the United States and all
other amounts due the United States from fees, leases, rents, royalties,
services, sales of real or personal property, overpayments, penalties,
damages, interest, fines and forfeitures and all other similar sources.
``Disposable pay'' means the amount that remains from an employee's
Federal pay after required deductions for Federal, State and local
income taxes; Social Security taxes, including Medicare taxes; Federal
retirement programs; premiums for life and health insurance benefits;
and such other deductions that are required by law to be withheld.
``Employee'' means a current employee of the General Services
Administration, or other executive agency.
``FCCS'' means the Federal Claims Collection Standards jointly
published by the Justice Department and the General Accounting Office at
4 CFR 101.1 et seq.
``Pay'' means basic pay, special pay, incentive pay, retired pay,
retainer pay, or in the case of an individual not entitled to basic pay,
other authorized pay.
``Program official'' means a supervisor or management official of
the employee's service or staff office.
``Salary offset'' means an administrative offset to collect a debt
under 5 U.S.C. 5514 by deduction(s) at one or more officially
established pay intervals from the current pay account of an employee
without his or her consent.
``Waiver'' means the cancellation, remission, forgiveness, or
nonrecovery of a debt allegedly owed by an employee to an agency as
permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774 or 32 U.S.C. 716,
5 U.S.C. 8346(b), or any other law.
Sec. 105-56.004 Pre-offset notice.
The employee is entitled to written notice from an appropriate
program officer in his or her employing activity at least 30 days in
advance of initiating a deduction from disposable pay informing him or
her of:
(a) The nature, origin and amount of the indebtedness determined by
the General Services Administration or another agency to be due;
(b) The intention of the agency to initiate proceedings to collect
the debt through deductions from the employee's current disposable pay;
(c) The amount, frequency, proposed beginning date, and duration of
the intended deductions;
(d) GSA's policy concerning how interest is charged and penalties
and administrative cost assessed, including a statement that such
assessments must be made unless excused under 31 U.S.C. 3717 and the
FCCS, 4 CFR 101.1 et seq.;
(e) The employee's right to inspect and copy Government records
relating to the debt if Government records of the debt are not attached,
or if the employee or his or her representative cannot personally
inspect the records, the right to receive a copy of such records. Any
costs associated therewith shall be borne by the debtor. The debtor
shall give reasonable notice in advance to GSA of the date on which he
or she intends to inspect and copy the records involved;
[[Page 51]]
(f) A demand for repayment providing for an opportunity, under terms
agreeable to GSA, for the employee to establish a schedule for the
voluntary repayment of the debt by offset or to enter into written
repayment agreement of the debt in lieu of offset;
(g) The employee's right to request a waiver from the General
Accounting Office if a waiver of repayment is authorized by law;
(h) The employee's right to pre-offset hearing conducted by a
hearing official arranged by the appropriate program official of his or
her employing activity if a petition is filed as prescribed by Sec. 105-
56.005. Such hearing official will be either an administrative law judge
or a hearing official not under the control of the head of the agency
and will be designated in accordance with the procedures established in
5 CFR 550.1107;
(i) The method and time period for petitioning for a hearing,
including a statement that the timely filing of a petition for hearing
will stay the commencement of collection proceedings;
(j) The issuance of a final decision on the hearing, if requested,
at the earliest practicable date, but no later than 60 days after the
petition is filed unless a delay is requested and granted;
(k) The risk that any knowingly false or frivolous statements,
representations, or evidence may subject the employee to:
(1) Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 5
CFR part 752, or any other applicable statutes or regulations;
(2) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or
any other applicable statutory authority;
(3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or
any other applicable statutory authority.
(l) Any other rights and remedies available to the employee under
statutes or regulations governing the program for which the collection
is being made.
(m) The employee's right to a prompt refund if amounts paid or
deducted are later waived or found not owed, unless otherwise provided
by law;
(n) The specific address to which all correspondence shall be
directed regarding the debt.
Sec. 105-56.005 Employee response.
(a) Voluntary repayment agreement. An employee may submit a request
to the official who signed the demand letter to enter into a written
repayment agreement of the debt in lieu of offset. The request must be
made within 7 days of receipt of notice under Sec. 105-56.004. The
agreement must be in writing, signed by both the employee and the
program official making the demand and a signed copy must be sent to the
regional finance division serving the program activity. Acceptance of
such an agreement is discretionary with the agency. An employee who
enters into such an agreement may nevertheless seek a waiver under
paragraph (b) of this section.
(b) Waiver. Where a waiver of repayment is authorized by law, the
employee may request a waiver from the General Accounting Office.
(c) Reconsideration. (1) An employee may seek a reconsideration of
the Agency's determination regarding the existence or amount of the
debt. The request must be submitted to the official who signed the
demand letter within 7 days of receipt of notice under Sec. 105-56.004.
Within 20 days of receipt of this notice, the employee shall submit a
detailed statement of reasons for reconsideration which must be
accompanied by supporting documentation.
(2) An employee may request a reconsideration of the proposed offset
schedule. The request must be submitted to the program official who
signed the demand letter within 7 days of receipt of notice under
Sec. 105-56.004. Within 20 days of receipt of this notice, the employee
shall submit an alternative repayment schedule accompanied by a detailed
statement supported by documentation evidencing financial hardship
resulting from the agency's proposed schedule. Acceptance of the request
is discretionary with the agency. The agency must notify the employee in
writing of its decision concerning the request to reduce the rate of an
involuntary deduction.
Sec. 105-56.006 Petition for pre-offset hearing.
(a) The employee may petition for a pre-offset hearing by filing a
written petition with the program official who
[[Page 52]]
signed the demand letter within 15 days of receipt of the written
notice. The petition must state why the employee believes the agency's
determination concerning the existence or amount of the debt is in
error, and set forth objections to the involuntary repayment schedule.
The timely filing of a petition will suspend the commencement of
collection proceedings.
(b) The employee's petition or statement must be signed by the
employee.
(c) Petitions for hearing made after the expiration of the 15 day
period may be accepted if the employee can show that the delay was
because of circumstances beyond his or her control or because of failure
to receive notice of the time limit.
(d) If the employee timely requests a pre-offset hearing or the
timeliness is waived, the program official must:
(1) Notify the employee whether the employee may elect an oral
hearing or whether he or she may have only a ``paper hearing,'' i.e., a
review on the written record (see 4 CFR 102.3(c)). In either case, the
program official will arrange for a hearing official; and
(2) The program official will provide the hearing official with a
copy of all records on which the determination of the debt and any
involuntary repayment schedule are based.
(e) An employee who elects an oral hearing must notify the hearing
official and the program official in writing within 5 days of receipt of
the notice under paragraph (d)(1) of this section and within 20 days of
receipt of the notice under (d)(1) the employee shall fully identify and
explain with reasonable specificity all the facts, evidence and
witnesses which the employee believes support his or her position.
(f) The hearing official shall notify the program official and the
employee of the date, time and location of the hearing.
(g) If the employee later elects to have the hearing based only on
the written submissions, notification must be given to the hearing
official and the program official at least 3 calendar days before the
date of the oral hearing. The hearing official may waive the 3-day
requirement for good cause.
(h) Failure of the employee to appear at the oral hearing can result
in dismissal of the petition and affirmation of the agency's decision.
Sec. 105-56.007 Pre-offset oral hearing.
(a) Oral hearings are informal in nature. The agency, represented by
a program official or a representative of the Office of General Counsel,
and the employee, or his or her representative, shall explain their case
in the form of an oral presentation with reference to the documentation
submitted. The employee may testify on his or her own behalf, subject to
cross examination. Other witnesses may be called to testify where the
hearing official determines the testimony to be relevant and not
redundant.
(b) The hearing official shall--
(1) Conduct a fair and impartial hearing; and
(2) Preside over the course of the hearing, maintain decorum, and
avoid delay in the disposition of the hearing.
(c) The employee may represent himself or herself or may be
represented by another person at the hearing. The employee may not be
represented by a person who creates an actual or apparent conflict of
interest.
(d) Oral hearings are open to the public. However, the hearing
official may close all or any portion of the hearing when doing so is in
the best interests of the employee or the public.
(e) Oral hearings may be conducted by conference call at the request
of the employee or at the discretion of the hearing official.
Sec. 105-56.008 Pre-offset ``paper hearing.''
If a hearing is to be held only upon written submissions, the
hearing official shall issue a decision based upon the record and
responses submitted by both the agency and the employee.
Sec. 105-56.009 Written decision.
Within 60 days of filing of the employee's petition for a pre-offset
hearing, the hearing official will issue a written decision setting
forth: The facts supporting the nature and origin of the debt; the
hearing official's analysis, findings and conclusions as to the
employee's or agency's grounds, the amount and validity of the debt and
the repayment schedule.
[[Page 53]]
Sec. 105-56.010 Deductions.
(a) When deductions may begin. If the employee filed a petition for
hearing with the program official before the expiration of the period
provided for in Sec. 105-56.006, then deductions will begin after the
hearing official has provided the employee with a hearing, and the final
written decision is in favor of the agency. It is the responsibility of
the employee's program official to issue the pre-offset notice to the
employee and to instruct the National Payroll Center to begin offset in
accordance with the final written decision.
(b) Retired or separated employees. If the employee retires,
resigns, or is terminated before collection of the amount of the
indebtedness is completed, the remaining indebtedness will be offset
from any subsequent payments of any nature. If the debt cannot be
satisfied from subsequent payments, then the debt must be collected
according to the procedures for administrative offset pursuant to 31
U.S.C. 3716.
(c) Types of collection. A debt may be collected in one lump sum or
in installments. Collection will be by lump-sum unless the employee is
able to demonstrate to the program official who signed the demand letter
that he or she is financially unable to pay in one lump-sum. In these
cases, collection will be by installment deductions.
(d) Methods of collection. If the debt cannot be collected in one
lump sum, the debt will be collected by deductions at officially
established pay intervals from an employee's current pay account, unless
the employee and the program official agree to an alternative repayment
schedule. The alternative arrangement must be in writing and signed by
both the employee and the program official.
(1) Installment deductions. Installment deductions will be made over
the shortest period possible. The size and frequency of installment
deductions will bear a reasonable relation to the size of the debt and
the employee's ability to pay. However, the amount deducted for any
period will not exceed 15 percent of the disposable pay from which the
deduction is made, unless the employee has agreed in writing to the
deduction of a greater amount. The installment payment will be
sufficient in size and frequency to pay the debt over the shortest
period possible and never to exceed three years. Installment payments of
less than $100 per pay period will be accepted only in the most unusual
circumstances.
(2) Sources of deductions. GSA will make deductions only from basic
pay, special pay, incentive pay, retired pay, retainer pay, or in the
case of an employee not entitled to basic pay, other authorized pay.
(e) Interest, penalties and administrative costs on debts under this
part will be assessed according to the provisions of 4 CFR 102.13.
Sec. 105-56.011 Non-waiver of rights.
An employee's involuntary payment of all or any portion of a debt
being collected under 5 U.S.C. 5514 shall not be construed as a waiver
of any rights which the employee may have under 5 U.S.C. 5514 or any
other provision of contract or law unless there are statutory or
contractual provisions to the contrary.
Sec. 105-56.012 Refunds.
GSA will refund promptly to the appropriate individual amounts
offset under these regulations when:
(a) A debt is waived or otherwise found not owing the United States
(unless expressly prohibited by statute or regulation); or
(b) GSA is directed by an administrative or judicial order to refund
amounts deducted from the employee's current pay.
Sec. 105-56.013 Coordinating offset with another Federal agency.
(a) When GSA is owed the debt. When GSA is owed a debt by an
employee of another agency, the other agency shall not initiate the
requested offset until GSA provides the agency with a written
certification that the debtor owes GSA a debt and that GSA has complied
with these regulations. This certification shall include the amount and
basis of the debt and the due date of the payment.
(b) When another agency is owed the debt. GSA may use salary offset
against one of its employees who is indebted to another agency if
requested to do so by that agency. Any such request must be
[[Page 54]]
accompanied by a certification from the requesting agency that the
person owes the debt, the amount of the debt and that the employee has
been given the procedural rights required by 5 U.S.C. 5514 and 5 CFR
part 550, subpart K.
PART 105-57--COLLECTION OF DEBTS BY TAX REFUND OFFSET--Table of Contents
Sec.
105-57.001 Purpose.
105-57.002 Applicability and scope.
105-57.003 Administrative charges.
105-57.004 Reasonable attempt to notify.
105-57.005 Notice requirement before offset.
105-57.006 Consideration of evidence.
105-57.007 Change in conditions after submission to IRS.
Authority: 31 U.S.C. 3720A.
Source: 59 FR 1277, Jan. 10, 1994, unless otherwise noted.
Sec. 105-57.001 Purpose.
This part establishes procedures for the General Services
Administration (GSA) to refer past due debts to the Internal Revenue
Service (IRS) for offset against income tax refunds of taxpayers owing
debts to GSA.
Sec. 105-57.002 Applicability and scope.
(a) This part implements 31 U.S.C. 3720A which authorizes the IRS to
reduce a tax refund by the amount of a past due legally enforceable debt
owed to the United States.
(b) For purposes of this section, a past due legally enforceable
debt referable to the IRS is a debt which is owed to the United States
and:
(1) Has been delinquent for at least three months but, except in the
case of a judgment debt, has not been delinquent more than ten years at
the time the offset is made;
(2) With respect to which, GSA has given the taxpayer at least 60
days, from the date of notification, to present evidence that all or
part of the debt is not past due or legally enforceable, has considered
such evidence, and has determined that the debt is past due and legally
enforceable;
(3) Cannot be currently collected pursuant to the salary offset
provisions of 5 U.S.C. 5514(a)(1);
(4) Cannot be currently collected pursuant to the administrative
offset provisions of 31 U.S.C. 3716;
(5) Has been disclosed by GSA to a credit reporting agency,
including a consumer reporting agency as authorized by 31 U.S.C.
3711(f);
(6) With respect to which, GSA has notified, or has made a
reasonable attempt to notify, the taxpayer that the debt is past due
and, unless repaid within 60 days thereafter, will be referred to the
IRS for offset against any income tax refunds due the taxpayer;
(7) Is at least $25.00;
(8) All other requirements of 31 U.S.C. 3720A and the Department of
the Treasury regulations relating to eligibility of a debt for tax
refund offset, at 26 CFR 301.6402-6T, have been satisfied.
Sec. 105-57.003 Administrative charges.
All administrative charges incurred in connection with the referral
of debts to the IRS will be added to the debt, thus increasing the
amount of the offset.
Sec. 105-57.004 Reasonable attempt to notify.
In order to constitute a reasonable attempt to notify the debtor,
GSA must have used a mailing address for the debtor obtained from the
IRS pursuant to the Internal Revenue Code, 26 U.S.C. 6103 (m)(2) or
(m)(4), within one year preceding the attempt to notify the debtor.
Sec. 105-57.005 Notice requirement before offset.
The notification provided by GSA to the debtor will inform the
debtor how to go about presenting evidence to GSA that all or part of
the debt is either not past due or is not legally enforceable.
Sec. 105-57.006 Consideration of evidence.
Evidence submitted by the debtor will be considered by officials or
employees of GSA. Any determination that an amount of such debt is past
due and legally enforceable will be made by such officials or employees.
Evidence that the debt is affected by a bankruptcy proceeding involving
the debtor shall bar referral of the debt.
[[Page 55]]
Sec. 105-57.007 Change in conditions after submission to IRS.
If the amount of a debt is reduced after submission by GSA and
offset by IRS, GSA will refund to the debtor any excess amount and will
promptly notify IRS of the refund. GSA will also promptly notify the IRS
if, after submission of a debt to the IRS for offset, GSA:
(a) Determines that an error has been made with respect to the
information submitted;
(b) Receives a payment or credits a payment to an account submitted;
or
(c) Receives notification that the debtor has filed for bankruptcy
under title 11 of the United States Code or has been adjudicated
bankrupt and the debt has been discharged.
PART 105-60 PUBLIC AVAILABILITY OF AGENCY RECORDS AND INFORMATIONAL MATERIALS--Table of Contents
Sec.
105-60.000 Scope of part.
Subpart 105-60.1--General Provisions
105-60.101 Purpose.
105-60.102 Application.
105-60.103 Policy.
105-60.103-1 Availability of records.
105-60.103-2 Applying exemptions.
105-60.104 Records of other agencies.
105-60.105 Inconsistent directives of GSA superseded.
Subpart 105-60.2--Publication of General Agency Information and Rules in
the Federal Register
105-60.201 Published information and rules.
105-60.202 Published materials available for sale to the public.
Subpart 105-60.3--Availability of Opinions, Orders, Policies,
Interpretations, Manuals, and Instructions
105-60.301 General.
105-60.302 Available materials.
105-60.303 Rules for public inspection and copying.
105-60.304 Index.
105-60.305 Fees.
105-60.305-1 Definitions.
105-60.305-2 Scope of section.
105-60.305-3 Record material available without charge.
105-60.305-4 Copy of GSA records available at a fee.
105-60.305-5 Waiver of fee.
105-60.305-6 Searches.
105-60.305-7 Reviews.
105-60.305-8 Prepayment of fees over $250.
105-60.305-9 Form of payment.
105-60.305-10 Fee schedule.
105-60.305-11 Fees for authenticated and attested copies.
105-60.305-12 Administrative actions to improve assessment and
collection of fees.
Subpart 105-60.4--Described Records
105-60.401 General.
105-60.402 Procedures for making records available.
105-60.402-1 Submission of requests.
105-60.402-2 Response to initial requests.
105-60.403 Appeal within GSA.
105-60.404 Extension of time limits.
Subpart 105-60.5--Exemptions
105-60.501 Categories of records exempt from disclosure under the FOIA.
Subpart 105-60.6--Subpoenas or Other Legal Demands for Records
105-60.601 Service of subpoena or other legal demand.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949, as amended, 63 Stat. 390, 40 U.S.C. 486(c); and 5
U.S.C. 552 (Pub. L. 90-23, as amended by Pub. L. 93-502 and Pub. L. 99-
570).
Source: 53 FR 1479, Jan. 20, 1988, unless otherwise noted.
Sec. 105-60.000 Scope of part.
This part sets forth policies and procedures concerning the
availability to the public of records held by the General Services
Administration (GSA) with respect to:
(a) Agency organization, functions, decisionmaking channels, and
rules and regulations of general applicability,
(b) Agency final opinions and orders, including policy statements
and staff manuals,
(c) Operational and other appropriate agency records, and
(d) Agency proceedings.
This part also covers exemptions from disclosure of these records;
procedures for the public to inspect and obtain copies of GSA records;
and the service of a subpoena or other legal demand with respect to
records.
[[Page 56]]
Subpart 105-60.1--General Provisions
Sec. 105-60.101 Purpose.
Part 105-60 implements the provisions of the Freedom of Information
Act, 5 U.S.C. 552 (``FOIA'') (Pub. L. 90-23, which codified Pub. L. 89-
487 and amended section 3 of the Administrative Procedure Act, formerly
5 U.S.C. 1002 (1964 ed.); Pub. L. 93-502, popularly known as the Freedom
of Information Act Amendments of 1974, as amended by Pub. L. 99-570, the
Freedom of Information Reform Act of 1986. This part prescribes
procedures by which the public may inspect and obtain copies of GSA
records under the FOIA.
Sec. 105-60.102 Application.
This part applies to all records and informational materials
generated, maintained, and controlled by GSA which come within the scope
of 5 U.S.C. 552.
Sec. 105-60.103 Policy.
Sec. 105-60.103-1 Availability of records.
GSA records are available to the greatest extent possible in keeping
with the spirit and intent of the FOIA. GSA will furnish them promptly
to any member of the public upon request addressed to the office
designated in Sec. 105-60.402-1 at fees specified in Sec. 105-60.305-10.
The person making the request need not have a particular interest in the
subject matter, nor must that person provide justification for the
request. The requirement of the FOIA that records be available to the
public refers only to records in being at the date of the request and
imposes no obligation on GSA to compile a record including development
of a new computer program to respond to a request.
Sec. 105-60.103-2 Applying exemptions.
GSA may deny a request for a GSA record if it falls within an
exemption under the FOIA as outlined in subpart 105-60.5. Except when a
record is classified or when disclosure would violate any Federal
statute, the authority to withhold a record from disclosure is
permissive rather than mandatory. GSA will not withhold a record unless
there is a compelling reason to do so. In the absence of a compelling
reason, GSA will disclose a record although it otherwise is subject to
exemption.
Sec. 105-60.104 Records of other agencies.
If GSA receives a request to make available current records that are
the primary responsibility of another agency, GSA will refer the request
to the agency concerned for appropriate action. GSA will inform the
requester that GSA has forwarded the request to the responsible agency.
Sec. 105-60.105 Inconsistent directives of GSA superseded.
Any policies and procedures in any GSA directive that are
inconsistent with the policies and procedures set forth in this part are
superseded to the extent of that inconsistency.
Subpart 105-60.2--Publication of General Agency Information and Rules in
the Federal Register
Sec. 105-60.201 Published information and rules.
In accordance with 5 U.S.C. 552(a)(1), GSA publishes in the Federal
Register, for the guidance of the public, the following general
information concerning GSA:
(a) Description of the organization of the Central Office and
regional offices and the established places at which, the employees from
whom, and the methods whereby, the public may obtain information, make
submittals or requests, or obtain decisions;
(b) Statements of the general course and method by which its
functions are channeled and determined, including the nature and
requirements of all formal and informal procedures available;
(c) Rules of procedure, descriptions of forms available or the
places where forms may be obtained, and instructions on the scope and
contents of all papers, reports, or examinations;
(d) Substantive rules of general applicability adopted as authorized
by law, and statements of general policy or interpretations of general
applicability formulated and adopted by GSA; and
[[Page 57]]
(e) Each amendment, revision, or repeal of the materials described
in Sec. 105-60.201.
Sec. 105-60.202 Published materials available for sale to the public.
Substantive rules of general applicability adopted by GSA as
authorized by law which this agency publishes in the Federal Register
and which are available for sale to the public are: The General Services
Administration Acquisition Regulation (48 CFR Ch. 5) and the Federal
Acquisition Regulation (48 CFR Ch. 1); the Federal Property Management
Regulations (41 CFR Ch. 101) and the Federal Information Resources
Management Regulations (41 CFR Ch. 201). These regulations are available
for sale by the Superintendent of Documents in
(a) Daily Federal Register form; and
(b) Code of Federal Regulations form, at prices established by the
Government Printing Office.
Subpart 105-60.3--Availability of Opinions, Orders, Policies,
Interpretations, Manuals, and Instructions
Sec. 105-60.301 General.
GSA makes available for public inspection and copying the materials
described under 5 U.S.C. 552(a)(2), which are listed in Sec. 105-60.302,
and an Index of those materials as described in Sec. 105-60.304, at
convenient locations and times. Central Office materials are located in
Washington, DC; some are also available at GSA regional offices. Each
regional office has the materials for its region. All locations provide
selected areas for the inspection and copying of documents. Reasonable
copying services are furnished at the fees specified in Sec. 105-60.305.
Sec. 105-60.302 Available materials.
GSA materials available under subpart 105-60.3 are as follows:
(a) Final opinions, including concurring and dissenting opinions and
orders, made in the adjudication of cases.
(b) Those statements of policy and interpretations which have been
adopted by GSA and are not published in the Federal Register.
(c) Administrative staff manuals and instructions to staff affecting
a member of the public unless these materials are promptly published and
copies offered for sale.
Sec. 105-60.303 Rules for public inspection and copying.
(a) Locations. Selected areas containing the materials available for
public inspection and copying, described in Sec. 105-60.302, are located
in the following places:
Central Office
(GSA Headquarters), Washington, DC. Telephone: 202-535-7788
General Services Administration, 18th and F Streets NW., Library (Room
1033), Washington, DC 20405
Region 1
Boston, Massachusetts (Comprising the States of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, and Vermont). Telephone:
617-565-8100
Business Service Center, General Services Administration (2SB-1), Thomas
P. O'Neill, Jr., Federal Building, 10 Causeway Street, Boston, MA 02222
Region 2
New York, New York (Comprising the States of New Jersey, New York, the
Commonwealth of Puerto Rico, and the Virgin Islands). Telephone 212-264-
1234
Business Service Center, General Services Administration (2SB), 26
Federal Plaza, New York, NY 10278
Region 3
Philadelphia, Pennsylvania (Comprising the States of Delaware, Maryland,
Pennsylvania, Virginia, and West Virginia). Telephone: 215-597-9613
Business Service Center, General Services Administration (3SB), Ninth
and Market Streets, Room 5151, Philadelphia, PA 19107
Region 4
Atlanta, Georgia (Comprising the States of Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee).
Telephone: 404-331-5103
Business Service Center, General Services Administration (4SB), Richard
B. Russell Federal Building, U.S. Courthouse, 75 Spring Street, SW, Room
318, Atlanta, GA 30303
[[Page 58]]
Region 5
Chicago, Illinois (Comprising the States of Illinois, Indiana, Michigan,
Ohio, Minnesota, and Wisconsin). Telephone: 312-353-5383
Business Service Center, General Services Administration (5SB), 230
South Dearborn Street, Chicago, IL 60604
Region 6
Kansas City, Missouri (Comprising the States of Iowa, Kansas, Missouri,
and Nebraska). Telephone: 816-926-7203
Business Service Center, General Services Administration (6SB), 1500
East Bannister Road, Kansas City, MO 64131
Region 7
Fort Worth, Texas (Comprising the States of Arkansas, Louisiana, New
Mexico, Texas, and Oklahoma). Telephone: 817-334-3284
Business Service Center, General Services Administration (7SB), 819
Taylor Street, Room 11A05, Fort Worth, TX 76102
Region 8
Denver, Colorado (Comprising the States of Colorado, North Dakota, South
Dakota, Montana, Utah, and Wyoming). Telephone: 303-236-7409
Business Service Center, General Services Administration (7SB-8),
Building 41, Denver Federal Center, Room 145, Denver, CO 80225
Region 9
San Francisco, California (Comprising the States of Hawaii, California,
Nevada, and Arizona). Telephone: 415-974-0523
Business Service Center, General Services Administration (9SB), 525
Market Street, San Francisco, CA 94105
Region 10
Seattle, Washington (Comprising the States of Alaska, Idaho, Oregon, and
Washington). Telephone: 206-931-7956
Business Service Center, General Services Administration (9SB-10), GSA
Center, 15th and C Streets, SW, Room 2413, Auburn, WA 98001
National Capital Region
Washington, DC (Comprising the District of Columbia and the metropolitan
area). Telephone: 202-472-1804
Business Service Center, General Services Administration (WSB), Seventh
and D Streets, SW, Room 1050, Washington, DC 20407
(b) Time. The reading rooms or selected areas will be open to the
public during the business hours of the GSA office where they are
located.
(c) Copying. GSA will furnish reasonable copying services at fees
specified in Sec. 105-60.305.
(d) Reading room and selected area rules--(1) Age. GSA will not give
permission to inspect materials to a person under 16 years old unless
accompanied by an adult who agrees to remain with the minor while the
minor uses the materials.
(2) Handling of materials. The removal or mutilation of materials is
forbidden by law and is punishable by fine or imprisonment or both. When
requested by a reading room or selected area attendant, a person
inspecting materials must present for examination any briefcase,
handbag, notebook, package, envelope, book, or other article that could
contain GSA informational materials.
(3) Reproduction services. The GSA Central Office Library or the
Regional Business Service Centers will furnish ``reasonable
reproduction'' services for available materials at the fees specified in
Sec. 105-60.305.
Sec. 105-60.304 Index.
GSA will maintain and make available for public inspection and
copying current indexes arranged by subject matter providing identifying
information for the public regarding any matter issued, adopted, or
promulgated after July 4, 1967, and described in Sec. 105-60.302.
Sec. 105-60.305 Fees.
Sec. 105-60.305-1 Definitions.
For the purpose of these regulations:
(a) A statute specifically providing for setting the level of fees
for particular types of records (5 U.S.C. 552(a)(4)(A)(vi)) means any
statute that specifically requires (as opposed to generally discussing)
a Government agency to set the level of fees for particular types of
records, in order to:
(1) Serve both the general public and private sector organizations
by conveniently making available Government information;
(2) Ensure that groups and individuals pay the cost of publications
and other services which are for their special use so that these costs
are not borne by the general taxpaying public;
[[Page 59]]
(3) Operate an information dissemination activity on a self-
sustaining bases to the maximum extent possible; or
(4) Return revenue to the Treasury for defraying, wholly or in part,
appropriated funds used to pay the cost of disseminating Government
information.
(b) The term direct costs means those expenditures which GSA
actually incurs in searching for and duplicating (and in the case of
commercial requesters, reviewing) documents to respond to a FOIA
request. Direct costs include, for example, the salary of the employee
performing the work (the basic rate of pay for the employee plus 16
percent of that rate to cover benefits), and the cost of operating
duplicating machinery. Not included in direct cost are overhead expenses
such as costs of space, and heating or lighting the facility where the
records are stored.
(c) The term search includes all time spent looking for material
that is responsive to a request, including line-by-line identification
of material within documents. Searches will be performed in the most
efficient and least expensive manner so as to minimize costs for both
the agency and the requester. Line-by-line searches will not be
undertaken when it would be more efficient to duplicate the entire
document. Such activity will be distinguished from ``review'' of
material in determining whether the material is exempt from disclosure
(see paragraph (e) of this section). Searches may be done manually or by
computer using existing programming.
(d) The term duplication refers to the process of making a copy of a
document in response to a FOIA request. Such copies can take the form of
paper, microform, audiovisual materials, or machine-readable
documentation. GSA will provide a copy of the material in a form that is
usable by the requester unless it is administratively burdensome to do
so.
(e) The term review refers to the process of examining documents
located in response to request that is for commercial use (see paragraph
(f) of this section) to determine if any portion of that document is
permitted to be withheld and processing any documents for disclosure.
See Sec. 105-60.305-7.
(f) The term commercial-use request refers to a request from or on
behalf of one who seeks information for a use or purpose that furthers
the commercial, trade, or profit interests of the requester or person on
whose behalf the request is made. In determining whether a requester
properly belongs in this category, GSA will look first at how the
requester will use the documents.
(g) The term educational institution refers to a preschool, a public
or private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, which operates a program or programs of scholarly research.
(h) The term noncommercial scientific institution refers to an
institution that is not operated on a ``commercial'' basis as that term
is referenced in paragraph (f) of this section and which is operated
solely for the purpose of conducting scientific research the results of
which are not intended to promote any particular product or industry.
(i) The term representative of the news media refers to any person
actively gathering news for an entity that is organized and operated to
publish or broadcast news to the public. The term news means information
that is about current events or that would be of current interest to the
public. Examples of news media include television or radio stations
broadcasting to the public at large, and publishers of periodicals (but
only in those instances when they can qualify as disseminators of
``news'') who make their products available for purchase or subscription
by the general public. In the case of ``freelance'' journalists, they
may be regarded as working for a news organization if they can
demonstrate a solid basis for expecting publication through that
organization, even though not actually employed by it.
[[Page 60]]
Sec. 105-60.305-2 Scope of section.
This section sets forth policies and procedures to be followed in
the assessment and collection of fees from a requester for the search,
review, and reproduction of GSA records.
Sec. 105-60.305-3 Record material available without charge.
GSA records available to the public are displayed in the business
service center for that region. Certain material related to bids
(excluding construction plans and specifications) and any material
displayed are available without charge upon request.
Sec. 105-60.305-4 Copy of GSA records available at a fee.
GSA will make a record not subject to exemption available at a time
and place mutually agreed upon by GSA and the requester. GSA will agree
either to
(a) Show the originals to the requester,
(b) Make one copy available at a fee, or
(c) A combination of these alternatives.
In the case of voluminous materials, GSA will make copies as quickly as
possible. GSA may make a reasonable number of additional copies for a
fee when commercial reproduction services are not available to the
requester.
Sec. 105-60.305-5 Waiver of fee.
(a) Any request for waiver or reduction of a fee should be included
in the initial letter requesting access to GSA records under Sec. 105-
60.402-1. The waiver request should explain how disclosure of the
information would contribute significantly to public understanding of
the operations or activities of the Government and would not be
primarily in the commercial interest of the requester. In responding to
a request GSA will consider the following factors:
(1) Whether the subject of the requested records concerns ``the
operations or activities of the Government.'' The subject matter of the
requested records must specifically concern identifiable operations or
activities of the Federal Government--with a connection between them
that is direct and clear, not remote or attenuated.
(2) Whether the disclosure is ``likely to contribute'' to an
understanding of Government operations or activities. In this
connection, GSA should consider whether the requested information is
already in the public domain, either in a duplicative or a substantially
identical form. If it is, then disclosure of the information would not
be likely to contribute to an understanding of Government operations or
activities, as nothing new would be added to the public record.
(3) Whether disclosure of the requested information will contribute
to ``public understanding.'' The focus here must be on the contribution
to public understanding, rather than personal benefit to be derived by
the requester. For purposes of this analysis, the identity and
qualifications of the requester should be considered, to determine
whether the requester is in a position to contribute to public
understanding through the requested disclosure.
(4) Whether the requester has a commercial interest that would be
furthered by the requested disclosure; and if so
(5) Whether the magnitude of the identified commercial interest of
the requester is sufficiently large, in comparison with the public
interest in disclosure, that disclosure is ``primarily in the commercial
interest of the requester.''
(b) If the initial request provides insufficient information for the
agency to evaluate the request, GSA may ask the requester to furnish
additional information. GSA will not start processing a request until
the fee waiver issue has been resolved, unless the requester has
provided written assurance of payment in full if the fee waiver is
denied by the agency.
Sec. 105-60.305-6 Searches.
(a) GSA may charge for the time spent in the following activities in
determining ``search time'' subject to applicable fees as provided in
Sec. 105-60.305-10:
(1) Time spent in trying to locate GSA records which come within the
scope of the request;
[[Page 61]]
(2) Time spent in either transporting a necessary agency searcher to
a place of record storage, or in transporting records to the locations
of a necessary agency searcher; and
(3) Direct costs involving the use of computer time to locate and
extract requested records.
(b) GSA will not charge for the time spent in monitoring a
requester's inspection of disclosed agency records.
Sec. 105-60.305-7 Reviews.
(a) GSA may charge for the time spent in the following activities in
determining ``review time'' subject to applicable fees as provided in
Sec. 105-60.305-10:
(1) Time spent in examining a requested record to determine whether
the record is permitted to be withheld in whole or in part; and
(2) Time spent in deleting exempt matter being withheld from records
otherwise made available.
(b) GSA will not charge for the time spent in resolving issues of
law or policy regarding the application of exemptions.
(c) GSA may not charge for review at the administrative appeal level
of an exemption already applied. However, records or portions of records
withheld in full under an exemption which is subsequently determined not
to apply may be reviewed again to determine the applicability of other
exemptions not previously considered. The costs for such a subsequent
review would be properly assessable.
(d) GSA will charge only commercial-use requesters for review time.
Sec. 105-60.305-8 Prepayment of fees over $250.
GSA will require prepayment of fees for search, review, and
reproduction which are likely to exceed $250. When the anticipated total
fee exceeds $250, the requester will receive notice to prepay and at the
same time will be given an opportunity to modify his or her request to
reduce the fee. GSA will also inform the requester that fees for search
time will be charged even if the search proves unsuccessful. GSA will
not start processing a request until payment is received.
Sec. 105-60.305-9 Form of payment.
Requesters should pay fees by check or money order made out to the
General Services Administration and addressed to the official named by
GSA in its correspondence.
Sec. 105-60.305-10 Fee schedule.
(a) When GSA is aware that documents responsive to a request are
maintained for distribution by an agency operating a statutory fee based
program, GSA will inform the requester of the procedures for obtaining
records from those sources.
(b) In computing applicable fees, GSA will consider only the
following costs in providing the requester records:
(1) Review and search fees.
Manual searches by clerical staff.... $9 per hour or fraction of an
hour.
Manual searches and reviews by $18 per hour or fraction of an
professional staff in cases in which hour.
clerical staff would be unable to
locate the requested records.
Computer searches.................... Direct cost to GSA.
Transportation or special handling of Direct cost to GSA.
records.
(2) Reproduction fees.
Pages no larger than 8\1/2\ by 14 $0.10 per page.
inches, when reproduced by routine
electrostatic copying.
Pages over 8\1/2\ by 14 inches....... Direct cost of reproduction to
GSA.
Pages requiring reduction, Direct cost of reproduction to
enlargement, or other special GSA.
services.
Reproduction by other than routine Direct cost of reproduction to
electrostatic copying. GSA.
(c) Any fees not provided for under paragraph (b) of this section,
shall be calculated in accordance with Sec. 105-60.305-1(b).
(d) Categories of requesters. There are four categories of
requesters: Commercial-use; educational and noncommercial scientific
institutions; news media; and all other. The fees listed above apply
with the following exceptions:
[[Page 62]]
(1) GSA will not charge the requester if the fee is $10 or less as
the cost of collection would be greater than the fee.
(2) Educational and noncommercial scientific institutions and the
news media will be charged for the cost of reproduction alone. These
requesters are entitled to the first 100 pages (paper copies) of
duplication at no cost. The following are examples of how these fees are
calculated.
(i) A request that results in 150 pages of material. No fee would be
assessed for duplication of 150 pages. The reason is that these
requesters are entitled to the first 100 pages at no charge. The charge
for the remaining 50 pages would be $5. This amount would not be billed
under the preceding section.
(ii) A request that results in 250 pages of material. The requester
in this case would be charged $15.
(3) Noncommercial requesters who are not included under paragraph
(d)(2) of this section will be entitled to the first 100 pages (paper
copies) of duplication at no cost and 2 hours of search without charge.
The term ``search time'' in this context has as its basis, manual
search. To apply this term to searches made by computer, GSA will
determine the hourly cost of operating the central processing unit and
the operator's hourly salary plus 16 percent. When the cost of search
(including the operator time and the cost of operating the computer to
process a request) equals the equivalent dollar amount of two hours of
the salary of the person performing the search, i.e., the operator, GSA
will begin assessing charges for computer search.
(4) GSA will charge commercial-use requesters fees which recover the
full direct costs of searching for, reviewing for release, and
duplicating the records sought. Commercial-use requesters are not
entitled to 2 hours of free search time.
(e) Determining category of requester. GSA may ask the requester to
provide additional information at any time to determine what fee
category he or she falls under. This applies to all requesters.
Sec. 105-60.305-11 Fees for authenticated and attested copies.
The fees set forth in Sec. 105-60.305-10 apply to requests for
authenticated and attested copies of GSA records.
Sec. 105-60.305-12 Administrative actions to improve assessment and collection of fees.
(a) Charging interest. GSA may charge requesters who fail to pay
fees interest on the amount billed starting on the 31st day following
the day on which the billing was sent. Interest will be at the rate
prescribed in 31 U.S.C. 3717.
(b) Effect of the Debt Collection Act of 1982. GSA will take any
action authorized by the Debt Collection Act of 1982 (Pub. L. 97-365),
including disclosure to consumer reporting agencies, use of collection
agencies, and assessment of penalties and administrative costs, where
appropriate, to encourage payment.
(c) Charges for unsuccessful search. The agency may assess charges
for time spent searching for the records even if the agency fails to
locate the records or if the records located are exempt from disclosure.
(d) Notifying requester of charges over $25. If charges are likely
to exceed $25, GSA will notify the requester and obtain, in writing,
assurance of the requester's willingness to pay the estimated fee. The
requester shall also be offered an opportunity to modify his or her
request to reduce the fee. GSA will not start processing the request
until assurance of payment is received.
(e) Aggregating requests. When the agency reasonably believes that a
requester, or group of requesters acting in concert, is attempting to
break a request down into a series of requests related to the same
subject for the purpose of evading the assessment of fees, GSA will
combine any such requests and charge accordingly, including fees for
previous requests where charges were not assessed. GSA will presume that
multiple requests of this type made within a 30-day period are made to
avoid fees.
(f) Advance payments. (1) See Sec. 105-60.305-8 regarding prepayment
of fees for FOIA requests.
(2) Where a requester has previously failed to pay a fee charged in
a timely
[[Page 63]]
fashion (i.e., within 30 days of the date of the billing), GSA will
require the requester to pay the full amount owed plus any applicable
interest penalties and administrative costs as provided above, or
demonstrate that he or she has, in fact, paid the fee, and to make an
advance payment of the full amount of the estimated fee before the
agency begins to process a new request or a pending request from that
requester.
(3) If GSA acts under paragraphs (f) (1) and (2) of this section,
the administrative time limits in subsection (a)(6) of the FOIA (i.e.,
10 working days from receipt of initial requests and 20 working days
from receipt of appeals form initial denial plus permissible time
extensions) will begin only after it has received the fee payments
described above.
Subpart 105-60.4--Described Records
Sec. 105-60.401 General.
(a) Except for records made available in accordance with subparts
105-60.2 and 105-60.3, GSA will make records available to a requester
promptly when the request reasonably describes the records unless GSA
invokes an exemption in accordance with subpart 105-60.5. Although the
burden of reasonable description of the records rests with the
requester, GSA will assist in identification.
(b) Upon receipt of a request that does not reasonably describe the
records requested, GSA may contact the requester to seek a more specific
description. The 10-workday time limit set forth in Sec. 105-60.402-2
will not start until the official identified in Sec. 105-60.402-1
receives a request reasonably describing the records.
Sec. 105-60.402 Procedures for making records available.
This section sets forth initial procedures for making records
available when they are requested.
Sec. 105-60.402-1 Submission of requests.
For records located in the GSA Central Office, the requester should
submit a request in writing to the GSA FOIA Officer, General Services
Administration (CAIR), Washington, DC 20405. For records located in the
GSA regional offices, the requester should submit a request to the FOIA
Officer for the relevant region, at the address listed in Sec. 105-
60.303(a), with the exception of Region 9. Requests for Region 9 should
be sent to the following address: General Services Administration (9AA),
525 Market St., 28th Floor, San Francisco, CA 94105. Requests should
include the words ``Freedom of Information Act Request'' prominently
marked on both the face of the request letter and the envelope. The 10-
workday time limit for agency decisions set forth in Sec. 105-60.402-2
begins with receipt of a request in the office of the appropriate
official identified in this section, unless the provisions under
Sec. 105-60.305-12(d) and (f) apply. Failure to include the words
``Freedom of Information Act Request'' or to sumbit a request to the
official identified in this section will result in processing delays. A
requester who has questions concerning an FOIA request may consult the
GSA FOIA Officer, General Services Administration (CAIR), 18th and F
Streets, NW., Washington, DC 20405, (202) 535-7983.
Sec. 105-60.402-2 Response to initial requests.
GSA will respond to an initial FOIA request within 10 workdays (that
is, excluding Saturdays, Sundays, and legal public holidays) after
receipt of a request by the office of the appropriate official specified
in Sec. 105-60.402-1. This letter should state the agency's decision
with respect to disclosure or nondisclosure of the requested records. If
the records to be disclosed are not provided with the initial letter,
the records will be sent as soon as possible thereafter. In unusual
circumstances, GSA will inform the requester of the agency's need to
take an extension of time.
Sec. 105-60.403 Appeal within GSA.
(a) A requester who receives a denial of a request, in whole or in
part, may appeal that decision within GSA. The requester must direct the
appeal to the GSA FOIA Officer, General Services Administration (CAIR),
Washington,
[[Page 64]]
DC 20405, regardless of whether the denial being appealed was made in
the Central Office or in a regional office.
(b) The GSA FOIA Officer must receive an appeal no later than 30
calendar days after receipt by the requester of the initial denial of
access.
(c) The requester must appeal in writing and include a brief
statement of the reasons he or she thinks GSA should release the records
and enclose copies of the initial request and denial. The appeal letter
should include the words ``Freedom of Information Act Appeal'' on both
the face of the appeal letter and on the envelope. Failure to follow
these procedures will delay processing of the appeal. GSA has 20
workdays after receipt of an appeal to make a determination with respect
to the appeal. The 20-workday time limit shall not begin until the GSA
FOIA Officer receives the appeal.
(d) A requester who has received a denial of an appeal may seek
judicial review of GSA's decision in the United States District Court in
the district in which the requester resides or has a principal place of
business, or where the records are situated, or in the United States
District Court for the District of Columbia.
Sec. 105-60.404 Extension of time limits.
(a) In unusual circumstances, the GSA FOIA Officer or the regional
FOIA Officer may extend the time limits prescribed in Secs. 105-60.402
and 105-60.403. For purposes of this section, the term ``unusual
circumstances'' means:
(1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request;
(2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded in
a single request;
(3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request or among two or more components of the
agency having substantial subject-matter interest therein; or
(4) The need to consult with the submitter of the requested
information.
(b) If necessary, more than one extension of time may be taken.
However, the total extension of time shall not exceed 10 workdays with
respect to a particular request. The extension may be divided between
the initial and appeal stages or within a single stage. GSA will provide
a written notice to the requester of any extension of time limits.
Subpart 105-60.5--Exemptions
Sec. 105-60.501 Categories of records exempt from disclosure under the FOIA.
(a) 5 U.S.C. 552(b) provides that the requirements of the FOIA do
not apply to matters that are:
(1) Specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national defense or
foreign policy and that are, in fact, properly classified under the
Executive order;
(2) Related solely to the internal personnel rules and practices of
an agency;
(3) Specifically exempted from disclosure by statute, other than the
Government in the Sunshine Act, provided that the statute (i) requires
that the matters be withheld from the public in such a manner as to
leave no discretion on the issue of (ii) establishes particular criteria
for withholding or refers to particular types of matters to be withheld;
(4) Trade secrets and commercial or financial information obtained
from a person that are privileged or confidential;
(5) Interagency or intra-agency memorandums or letters which would
not be available by law to a party other than an agency in litigation
with the agency;
(6) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy;
(7) Records or information compiled for law enforcement purposes,
but only to the extent that the production of such law enforcement
records or information:
[[Page 65]]
(i) Could reasonably be expected to interfere with enforcement
proceedings;
(ii) Would deprive a person of a right to a fair trial or an
impartial adjudication;
(iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
(iv) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a
confidential basis, and, in the case of a record or information compiled
by a criminal law enforcement authority in the course of a criminal
investigation, or by an agency conducting a lawful national security
intelligence investigation, information furnished by a confidential
source;
(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law; or
(vi) Could reasonably be expected to endanger the life or physical
safety of any individual.
(8) Contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial institutions;
and
(9) Geological and geophysical information and data, including maps,
concerning wells.
(b) GSA will provide any reasonably segregable portion of a record
to a requester after deletion of the portions that are exempt under this
section.
(c) GSA will invoke no exemption under this section to deny access
to records that would be available pursuant to a request made under the
Privacy Act of 1974 and implementing regulations, part 105-64, or if
disclosure would cause no demonstrable harm to any public or private
interest.
(d) Whenever a request is made which involves access to records
described in Sec. 105-60.501(a)(7)(i) and
(1) The investigation or proceeding involves a possible violation of
criminal law, and
(2) There is reason to believe that (i) the subject of the
investigation or proceeding is not aware of its pendency, and (ii)
disclosure of the existence of the records could reasonably be expected
to interfere with enforcement proceedings, the agency may, during only
such time as that circumstance continues, treat the records as not
subject to the requirements of this section.
(e) Whenever informant records maintained by a criminal law
enforcement agency under an informant's name or personal identifier are
requested by a third party according to the informant's name or personal
identifier, the agency may treat the records as not subject to the
requirements of this section unless the informant's status as an
informant has been officially confirmed.
(f) Whenever a request is made which involves access to records
maintained by the Federal Bureau of Investigation pertaining to foreign
intelligence or counterintelligence, or international terrorism, and the
existence of the records is classified information as provided in
paragraph (a)(1) of this section, the Bureau may, as long as the
existence of the records remains classified information, treat the
records as not subject to the requirements of this section.
Subpart 105-60.6--Subpoenas or Other Legal Demands for Records