[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
41
Chapters 102 to 200
Revised as of July 1, 2002
Public Contracts and Property Management
Containing a codification of documents of general
applicability and future effect
As of July 1, 2002
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2002
For sale by the Superintendent of Documents, U.S. Government Printing
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Table of Contents
Page
Explanation................................................. vi
Title 41:
Subtitle C--Federal Property Management Regulations System
(Continued):
Chapter 102--Federal management regulation 5
Chapters 103-104 [Reserved]
Chapter 105--General Services Administration 229
Chapter 109--Department of Energy Property
Management Regulations 409
Chapter 114--Department of the Interior 475
Chapter 115--Environmental Protection Agency 479
Chapter 128--Department of Justice 483
Chapters 129- 200 [Reserved]
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
Finding Aids:
Table of CFR Titles and Chapters........................ 501
Alphabetical List of Agencies Appearing in the CFR...... 519
[[Page iv]]
Redesignation Table..................................... 529
List of CFR Sections Affected........................... 531
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 41 CFR 102-2.5
refers to title 41, part
102-2, section .5.
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[[Page vi]]
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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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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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.
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Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
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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
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1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
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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). A list of CFR titles, chapters,
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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
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[[Page viii]]
The Office of the Federal Register also offers a free service on the
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2002.
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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 3).
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 Travel Regulation System in chapters 300-304 of subtitle
F is 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, 2002.
Redesignation tables appear in the finding aids section of the
volumes containing chapter 101 and chapters 102 to 200.
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[[Page 1]]
TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
(This book contains chapters 102 to 200)
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Part
SUBTITLE C--Federal Property Management Regulations System (Continued):
chapter 102--Federal Management Regulation.................. 102-2
chapters 103-104 [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
chapters 129-200 [Reserved]
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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CHAPTER 102--FEDERAL MANAGEMENT REGULATION
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SUBCHAPTER A--GENERAL
Part Page
102-1 General [Reserved]
102-2 Federal management regulation system........ 7
102-3 Federal Advisory Committee Management....... 11
102-4
Nondiscrimination in Federal financial assistance programs [Reserved]
102-5 Home-to-work transportation................. 40
102-6--102-30 [Reserved]
SUBCHAPTER B--PERSONAL PROPERTY
102-31 General [Reserved]
102-32 Management of personal property [Reserved]
102-33 Management of aircraft [Reserved]
102-34 Motor vehicle management.................... 45
102-35 Disposition of personal property [Reserved]
102-36 Disposition of excess personal property..... 60
102-37 Donation of Surplus Personal Property....... 83
102-38 [Reserved]
102-39 Replacement of personal property pursuant to
the exchange/sale authority............. 115
102-40--102-41 [Reserved]
102-42 Utilization, donation, and disposal of
foreign gifts and decorations........... 119
102-43--102-70 [Reserved]
SUBCHAPTER C--REAL PROPERTY
102-71 General..................................... 127
102-72 Delegation of authority..................... 128
102-73 Real estate acquisition..................... 131
102-74 Facility management......................... 135
102-75 Real property disposal...................... 137
102-76 Design and construction..................... 141
102-77 Art-in-architecture......................... 142
102-78 Historic preservation....................... 143
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102-79 Assignment and utilization of space......... 145
102-80 Safety and environmental management......... 148
102-81 Security.................................... 151
102-79 Assignment and utilization of space......... 145
102-80 Safety and environmental management......... 148
102-81 Security.................................... 151
102-82 Utility services............................ 152
102-83
Centralized services in Federal buildings and complexes [Reserved]
102-84 Annual real property inventories............ 152
102-85 Pricing policy for occupancy in GSA space... 155
102-86--102-92 [Reserved]
102-96--102-115 [Reserved]
SUBCHAPTER D--TRANSPORTATION
102-116 General [Reserved]
102-117 Transportation management................... 170
102-118 Transportation payment and audit............ 185
102-119--102-140 [Reserved]
SUBCHAPTER E--TRAVEL MANAGEMENT
102-141 General [Reserved]
102-142--102-170 [Reserved]
SUBCHAPTER F--TELECOMMUNICATIONS
102-171 General [Reserved]
102-172 Telecommunications management policy [Reserved]
102-173--102-190 [Reserved]
SUBCHAPTER G--ADMINISTRATIVE PROGRAMS
102-191 General [Reserved]
102-192 Mail management............................. 212
102-193 Creation, maintenance, and use of records... 221
102-194 Standard and optional forms management
program................................. 223
102-195 Interagency reports management program...... 225
102-196 Federal facility ridesharing [Reserved]
102-197--102-220 [Reserved]
SUBCHAPTER H-SUBCHAPTER Z [RESERVED]
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SUBCHAPTER A--GENERAL
PART 102--GENERAL [RESERVED]
PART 102-2--FEDERAL MANAGEMENT REGULATION SYSTEM--Table of Contents
Subpart A--Regulation System
General
Sec.
102-2.5 What is the Federal Management Regulation (FMR)?
102-2.10 What is the FMR's purpose?
102-2.15 What is the authority for the FMR system?
102-2.20 Which agencies are subject to the FMR?
102-2.25 When are other agencies involved in developing the FMR?
102-2.30 Where and in what formats is the FMR published?
102-2.35 How is the FMR distributed?
102-2.40 May an agency issue implementing and supplementing regulations
for the FMR?
Numbering
102-2.45 How is the FMR numbered?
102-2.50 How do I number my agency's implementing regulations?
102-2.55 How do I number my agency's supplementing regulations?
Deviations
102-2.60 What is a deviation from the FMR?
102-2.65 When may agencies deviate from the FMR?
102-2.70 What are individual and class deviations?
102-2.75 What timeframes apply to deviations?
102-2.80 What steps must an agency take to deviate from the FMR?
102-2.85 What are the reasons for writing to GSA about FMR deviations?
102-2.90 Where should my agency send its correspondence on an FMR
deviation?
102-2.95 What information must agencies include in their deviation
letters to GSA?
102-2.100 Must agencies provide GSA with a follow-up analysis of their
experience in deviating from the FMR?
102-2.105 What information must agencies include in their follow-up
analysis?
102-2.110 When must agencies provide their follow-up analysis?
Non-Regulatory Material
102-2.115 What kinds of non-regulatory material does GSA publish
outside of the FMR?
102-2.120 How do I know whom to contact to discuss the regulatory
requirements of programs addressed in the FMR?
102-2.125 What source of information can my agency use to identify
materials that describe how to do business with GSA?
Subpart B--Forms
102-2.130 Where are FMR forms prescribed?
102-2.135 How do agencies obtain forms prescribed by the FMR?
Subpart C--Plain Language Regulatory Style
102-2.140 What elements of plain language appear in the FMR?
102-2.145 To what do pronouns refer when used in the FMR?
Authority: 40 U.S.C. 486(c).
Source: 64 FR 39085, July 21, 1999, unless otherwise noted.
Subpart A--Regulation System
General
Sec. 102-2.5 What is the Federal Management Regulation (FMR)?
The Federal Management Regulation (FMR) is the successor regulation
to the Federal Property Management Regulations (FPMR). It contains
updated regulatory policies originally found in the FPMR. However, it
does not contain FPMR material that described how to do business with
the General Services Administration (GSA). ``How to'' materials on this
and other subjects are available in customer service guides, handbooks,
brochures and Internet websites provided by GSA. (See Sec. 102-2.125.)
Sec. 102-2.10 What is the FMR's purpose?
The FMR prescribes policies concerning property management and
related administrative activities. GSA issues the FMR to carry out the
Administrator of General Services' functional responsibilities, as
established by statutes, Executive orders, Presidential memoranda,
Circulars and bulletins issued by the Office of Management and Budget
(OMB), and other policy directives.
[[Page 8]]
Sec. 102-2.15 What is the authority for the FMR system?
The Administrator of General Services prescribes and issues the FMR
under the authority of the Federal Property and Administrative Services
Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable
Federal laws and authorities.
Sec. 102-2.20 Which agencies are subject to the FMR?
The FMR applies to executive agencies unless otherwise extended to
Federal agencies in various parts of this chapter. The difference
between the two terms is that Federal agencies include executive
agencies plus establishments in the legislative or judicial branch of
the Government. See paragraphs (a) and (b) of this section for the
definitions of each term.
(a) What is an executive agency? An executive agency is any
executive department or independent establishment in the executive
branch of the Government, including any wholly-owned Government
corporation. (See 40 U.S.C. 472(a).)
(b) What is a Federal agency? A Federal agency is any executive
agency or any establishment in the legislative or judicial branch of the
Government (except the Senate, the House of Representatives, and the
Architect of the Capitol and any activities under that person's
direction). (See 40 U.S.C. 472(b).)
Sec. 102-2.25 When are other agencies involved in developing the FMR?
Normally, GSA will ask agencies to collaborate in developing parts
of the FMR.
Sec. 102-2.30 Where and in what formats is the FMR published?
Proposed rules are published in the Federal Register. FMR bulletins
are published in looseleaf format. FMR interim and final rules are
published in the following formats--
(a) Federal Register under the ``Rules and Regulations'' section.
(b) Loose-leaf. (See Sec. 102-2.35.)
(c) Code of Federal Regulations (CFR), which is an annual
codification of the general and permanent rules published in the Federal
Register. The CFR is available on line and in a bound-volume format.
(d) Electronically on the Internet.
Sec. 102-2.35 How is the FMR distributed?
(a) A liaison appointed by each agency provides GSA with their
agency's distribution requirements of the looseleaf version of the FMR.
Agencies must submit GSA Form 2053, Agency Consolidated Requirements for
GSA Regulations and Other External Issuances, to--General Services
Administration, Office of Communications (X), 1800 F Street, NW,
Washington, DC 20405.
(b) Order Federal Register and Code of Federal Regulations copies of
FMR material through your agency's authorizing officer.
Sec. 102-2.40 May an agency issue implementing and supplementing regulations for the FMR?
Yes, an agency may issue implementing regulations (see Sec. 102-
2.50) to expand upon related FMR material and supplementing regulations
(see Sec. 102-2.55) to address subject material not covered in the FMR.
The Office of the Federal Register assigns chapters in Title 41 of the
Code of Federal Regulations for agency publication of implementing and
supplementing regulations.
Numbering
Sec. 102-2.45 How is the FMR numbered?
(a) All FMR sections are designated by three numbers. The following
example illustrates the chapter (it's always 102), part, and section
designations:
[[Page 9]]
[GRAPHIC] [TIFF OMITTED] TR21JY99.001
(b) In the looseleaf version, the month, year, and number of FMR
amendments appear at the bottom of each page.
Sec. 102-2.50 How do I number my agency's implementing regulations?
The first three-digit number represents the chapter number assigned
to your agency in Title 41 of the CFR. The part and section numbers
correspond to FMR material. For example, if your agency is assigned
Chapter 130 in Title 41 of the CFR and you are implementing Sec. 102-
2.60 of the FMR, your implementing section would be numbered Sec. 130-
2.60.
Sec. 102-2.55 How do I number my agency's supplementing regulations?
Since there is no corresponding FMR material, number the
supplementing material ``601'' or higher. For example, your agency's
supplementing regulations governing special services to states might
start with Sec. 130-601.5.
Deviations
Sec. 102-2.60 What is a deviation from the FMR?
A deviation from the FMR is an agency action or policy that is
inconsistent with the regulation. (The deviation policy for the FPMR is
in 41 CFR part 101-1.)
Sec. 102-2.65 When may agencies deviate from the FMR?
Because, it consists primarily of set policies and mandatory
requirements, deviation from the FMR should occur infrequently. However,
to address unique circumstances or to test the effectiveness of
potential policy changes, agencies may be able to deviate from the FMR
after following the steps described in Sec. 102-2.80.
Sec. 102-2.70 What are individual and class deviations?
An individual deviation is intended to affect only one action. A
class deviation is intended to affect more than one action (e.g.,
multiple actions, the actions of more than one agency, or individual
agency actions that are expected to recur).
Sec. 102-2.75 What timeframes apply to deviations?
Timeframes vary based on the nature of the deviation. However,
deviations cannot be open-ended. When consulting with GSA about using an
individual or class deviation, you must set a timeframe for the
deviation's duration.
Sec. 102-2.80 What steps must an agency take to deviate from the FMR?
(a) Consult informally with appropriate GSA program personnel to
learn more about how your agency can work within the FMR's requirements
instead of deviating from them. The consultation process may also
highlight reasons why an agency would not be permitted to deviate from
the FMR; e.g., statutory constraints.
(b) Formally request a deviation, if consultations indicate that
your agency needs one. The head of your agency or a designated official
should write to GSA's Regulatory Secretariat to the attention of a GSA
official in the program office that is likely to consider the deviation.
(See the FMR bulletin that lists contacts in GSA's program offices and
Sec. 102-2.90.) The written request must fully explain the reasons for
the deviation, including the benefits that the agency expects to
achieve.
Sec. 102-2.85 What are the reasons for writing to GSA about FMR deviations?
The reasons for writing are to:
[[Page 10]]
(a) Explain your agency's rationale for the deviation. Before it can
adequately comment on a potential deviation from the FMR, GSA must know
why it is needed. GSA will compare your need against the applicable
policies and regulations.
(b) Obtain clarification from GSA as to whether statutes, Executive
orders, or other controlling policies, which may not be evident in the
regulation, preclude deviating from the FMR for the reasons stated.
(c) Establish a timeframe for using a deviation.
(d) Identify potential changes to the FMR.
(e) Identify the benefits and other results that the agency expects
to achieve.
Sec. 102-2.90 Where should my agency send its correspondence on an FMR deviation?
Send correspondence to: General Services Administration, Regulatory
Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW,
Washington, DC 20405.
Sec. 102-2.95 What information must agencies include in their deviation letters to GSA?
Agencies must include:
(a) The title and citation of the FMR provision from which the
agency wishes to deviate;
(b) The name and telephone number of an agency contact who can
discuss the reason for the deviation;
(c) The reason for the deviation;
(d) A statement about the expected benefits of using the deviation
(to the extent possible, expected benefits should be stated in
measurable terms);
(e) A statement about possible use of the deviation in other
agencies or Governmentwide; and
(f) The duration of the deviation.
Sec. 102-2.100 Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?
Yes, agencies that deviate from the FMR must also write to the
relevant GSA program office at the Regulatory Secretariat's address (see
Sec. 102-2.90) to describe their experiences in using a deviation.
Sec. 102-2.105 What information must agencies include in their follow-up analysis?
In your follow-up analysis, provide information that may include,
but should not be limited to, specific actions taken or not taken as a
result of the deviation, outcomes, impacts, anticipated versus actual
results, and the advantages and disadvantages of taking an alternative
course of action.
Sec. 102-2.110 When must agencies provide their follow-up letters?
(a) For an individual deviation, once the action is complete.
(b) For a class deviation, at the end of each twelve-month period
from the time you first took the deviation and at the end of the
deviation period.
Non-Regulatory Material
Sec. 102-2.115 What kinds of non-regulatory material does GSA publish outside of the FMR?
As GSA converts the FPMR to the FMR, non-regulatory materials in the
FPMR, such as guidance, procedures, standards, and information, that
describe how to do business with GSA, will become available in separate
documents. These documents may include customer service guides,
handbooks, brochures, Internet websites, and FMR bulletins. GSA will
eliminate non-regulatory material that is no longer needed.
Sec. 102-2.120 How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?
Periodically, GSA will issue for your reference an FMR bulletin that
lists program contacts with whom agencies can discuss regulatory
requirements. At a minimum, the list will contain organization names and
telephone numbers for each program addressed in the FMR.
Sec. 102-2.125 What source of information can my agency use to identify materials that describe how to do business with GSA?
The FMR establishes policy; it does not specify procedures for the
acquisition of GSA services. However, as a service to users during the
transition
[[Page 11]]
from the FPMR to the FMR and as needed thereafter, GSA will issue FMR
bulletins to identify where to find information on how to do business
with GSA. References include customer service guides, handbooks,
brochures, Internet websites, etc.
Subpart B--Forms
Sec. 102-2.130 Where are FMR forms prescribed?
In any of its parts, the FMR may prescribe forms and the
requirements for using them.
Sec. 102-2.135 How do agencies obtain forms prescribed by the FMR?
For copies of the forms prescribed by in the FMR, do any of the
following:
(a) Write to us at: General Services Administration, National Forms
and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix
Street, Fort Worth, TX 76115.
(b) Send e-mail messages to: NFPC@gsa-7FDepot.
(c) Visit our web site at: www.gsa.gov/forms/forms.htm.
Subpart C--Plain Language Regulatory Style
Sec. 102-2.140 What elements of plain language appear in the FMR?
The FMR is written in a ``plain language'' regulatory style. This
style is easy to read and uses a question and answer format directed at
the reader, active voice, shorter sentences, and, where appropriate,
personal pronouns.
Sec. 102-2.145 To what do pronouns refer when used in the FMR?
Throughout its text, the FMR may contain pronouns such as, but not
limited to, we, you, and I. When pronouns are used, each subchapter of
the FMR will indicate whether they refer to the reader, an agency, GSA,
or some other entity. In general, pronouns refer to who or what must
perform a required action.
PART 102-3--FEDERAL ADVISORY COMMITTEE MANAGEMENT--Table of Contents
Subpart A--What Policies Apply To Advisory Committees Established Within
the Executive Branch?
Sec.
102-3.5 What does this subpart cover and how does it apply?
102-3.10 What is the purpose of the Federal Advisory Committee Act?
102-3.15 Who are the intended users of this part?
102-3.20 How does this part meet the needs of its audience?
102-3.25 What definitions apply to this part?
102-3.30 What policies govern the use of advisory committees?
102-3.35 What policies govern the use of subcommittees?
102-3.40 What types of committees or groups are not covered by the Act
and this part?
Appendix A to Subpart A of Part 102-3--Key Points and Principles
Subpart B--How Are Advisory Committees Established, Renewed,
Reestablished, and Terminated?
102-3.45 What does this subpart cover and how does it apply?
102-3.50 What are the authorities for establishing advisory committees?
102-3.55 What rules apply to the duration of an advisory committee?
102-3.60 What procedures are required to establish, renew, or
reestablish a discretionary advisory committee?
102-3.65 What are the public notification requirements for
discretionary advisory committees?
102-3.70 What are the charter filing requirements?
102-3.75 What information must be included in the charter of an
advisory committee?
102-3.80 How are minor charter amendments accomplished?
102-3.85 How are major charter amendments accomplished?
Appendix A to Subpart B of Part 102-3--Key Points and Principles
Subpart C--How Are Advisory Committees Managed?
102-3.90 What does this subpart cover and how does it apply?
102-3.95 What principles apply to the management of advisory
committees?
102-3.100 What are the responsibilities and functions of GSA?
102-3.105 What are the responsibilities of an agency head?
[[Page 12]]
102-3.110 What are the responsibilities of a chairperson of an
independent Presidential advisory committee?
102-3.115 What are the responsibilities and functions of an agency
Committee Management Officer (CMO)?
102-3.120 What are the responsibilities and functions of a Designated
Federal Officer (DFO)?
102-3.125 How should agencies consider the roles of advisory committee
members and staff?
102-3.130 What policies apply to the appointment, and compensation or
reimbursement of advisory committee members, staff, and
experts and consultants?
Appendix A to Subpart C of Part 102-3--Key Points and Principles
Subpart D--Advisory Committee Meeting and Recordkeeping Procedures
102-3.135 What does this subpart cover and how does it apply?
102-3.140 What policies apply to advisory committee meetings?
102-3.145 What policies apply to subcommittee meetings?
102-3.150 How are advisory committee meetings announced to the public?
102-3.155 How are advisory committee meetings closed to the public?
102-3.160 What activities of an advisory committee are not subject to
the notice and open meeting requirements of the Act?
102-3.165 How are advisory committee meetings documented?
102-3.170 How does an interested party obtain access to advisory
committee records?
102-3.175 What are the reporting and recordkeeping requirements for an
advisory committee?
Appendix A to Subpart D of Part 102-3--Key Points and Principles
Subpart E--How Does This Subpart Apply to Advice or Recommendations
Provided to Agencies by the National Academy of Sciences or the National
Academy of Public Administration?
102-3.180 What does this subpart cover and how does it apply?
102-3.185 What does this subpart require agencies to do?
Appendix A to Subpart E of Part 102-3--Key Points and Principles
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 7, 5
U.S.C., App.; and E.O. 12024, 3 CFR, 1977 Comp., p. 158.
Source: At 66 FR 37733, July 19, 2001, unless otherwise noted.
Subpart A--What Policies Apply to Advisory Committees Established Within
the Executive Branch?
Sec. 102-3.5 What does this subpart cover and how does it apply?
This subpart provides the policy framework that must be used by
agency heads in applying the Federal Advisory Committee Act (FACA), as
amended (or ``the Act''), 5 U.S.C., App., to advisory committees they
establish and operate. In addition to listing key definitions underlying
the interpretation of the Act, this subpart establishes the scope and
applicability of the Act, and outlines specific exclusions from its
coverage.
Sec. 102-3.10 What is the purpose of the Federal Advisory Committee Act?
FACA governs the establishment, operation, and termination of
advisory committees within the executive branch of the Federal
Government. The Act defines what constitutes a Federal advisory
committee and provides general procedures for the executive branch to
follow for the operation of these advisory committees. In addition, the
Act is designed to assure that the Congress and the public are kept
informed with respect to the number, purpose, membership, activities,
and cost of advisory committees.
Sec. 102-3.15 Who are the intended users of this part?
(a) The primary users of this Federal Advisory Committee Management
part are:
(1) Executive branch officials and others outside Government
currently involved with an established advisory committee;
(2) Executive branch officials who seek to establish or utilize an
advisory committee;
(3) Executive branch officials and others outside Government who
have decided to pursue, or who are already engaged in, a form of public
involvement or consultation and want to avoid inadvertently violating
the Act; and
(4) Field personnel of Federal agencies who are increasingly
involved with
[[Page 13]]
the public as part of their efforts to increase collaboration and
improve customer service.
(b) Other types of end-users of this part include individuals and
organizations outside of the executive branch who seek to understand and
interpret the Act, or are seeking additional guidance.
Sec. 102-3.20 How does this part meet the needs of its audience?
This Federal Advisory Committee Management part meets the general
and specific needs of its audience by addressing the following issues
and related topics:
(a) Scope and applicability. This part provides guidance on the
threshold issue of what constitutes an advisory committee and clarifies
the limits of coverage by the Act for the benefit of the intended users
of this part.
(b) Policies and guidelines. This part defines the policies,
establishes minimum requirements, and provides guidance to Federal
officers and agencies for the establishment, operation, administration,
and duration of advisory committees subject to the Act. This includes
reporting requirements that keep Congress and the public informed of the
number, purpose, membership, activities, benefits, and costs of these
advisory committees. These requirements form the basis for implementing
the Act at both the agency and Governmentwide levels.
(c) Examples and principles. This part provides summary-level key
points and principles at the end of each subpart that provide more
clarification on the role of Federal advisory committees in the larger
context of public involvement in Federal decisions and activities. This
includes a discussion of the applicability of the Act to different
decisionmaking scenarios.
Sec. 102-3.25 What definitions apply to this part?
The following definitions apply to this Federal Advisory Committee
Management part:
Act means the Federal Advisory Committee Act, as amended, 5 U.S.C.,
App.
Administrator means the Administrator of General Services.
Advisory committee subject to the Act, except as specifically
exempted by the Act or by other statutes, or as not covered by this
part, means any committee, board, commission, council, conference,
panel, task force, or other similar group, which is established by
statute, or established or utilized by the President or by an agency
official, for the purpose of obtaining advice or recommendations for the
President or on issues or policies within the scope of an agency
official's responsibilities.
Agency has the same meaning as in 5 U.S.C. 551(1).
Committee Management Officer (``CMO''), means the individual
designated by the agency head to implement the provisions of section
8(b) of the Act and any delegated responsibilities of the agency head
under the Act.
Committee Management Secretariat (``Secretariat''), means the
organization established pursuant to section 7(a) of the Act, which is
responsible for all matters relating to advisory committees, and carries
out the responsibilities of the Administrator under the Act and
Executive Order 12024 (3 CFR, 1977 Comp., p. 158).
Committee meeting means any gathering of advisory committee members
(whether in person or through electronic means) held with the approval
of an agency for the purpose of deliberating on the substantive matters
upon which the advisory committee provides advice or recommendations.
Committee member means an individual who serves by appointment or
invitation on an advisory committee or subcommittee.
Committee staff means any Federal employee, private individual, or
other party (whether under contract or not) who is not a committee
member, and who serves in a support capacity to an advisory committee or
subcommittee.
Designated Federal Officer (``DFO''), means an individual designated
by the agency head, for each advisory committee for which the agency
head is responsible, to implement the provisions of sections 10(e) and
(f) of the Act and any advisory committee procedures of the agency under
the control and supervision of the CMO.
Discretionary advisory committee means any advisory committee that
is
[[Page 14]]
established under the authority of an agency head or authorized by
statute. An advisory committee referenced in general (non-specific)
authorizing language or Congressional committee report language is
discretionary, and its establishment or termination is within the legal
discretion of an agency head.
Independent Presidential advisory committee means any Presidential
advisory committee not assigned by the Congress in law, or by President
or the President's delegate, to an agency for administrative and other
support.
Non-discretionary advisory committee means any advisory committee
either required by statute or by Presidential directive. A non-
discretionary advisory committee required by statute generally is
identified specifically in a statute by name, purpose, or functions, and
its establishment or termination is beyond the legal discretion of an
agency head.
Presidential advisory committee means any advisory committee
authorized by the Congress or directed by the President to advise the
President.
Subcommittee means a group, generally not subject to the Act, that
reports to an advisory committee and not directly to a Federal officer
or agency, whether or not its members are drawn in whole or in part from
the parent advisory committee.
Utilized for the purposes of the Act, does not have its ordinary
meaning. A committee that is not established by the Federal Government
is utilized within the meaning of the Act when the President or a
Federal office or agency exercises actual management or control over its
operation.
Sec. 102-3.30 What policies govern the use of advisory committees?
The policies to be followed by Federal departments and agencies in
establishing and operating advisory committees consistent with the Act
are as follows:
(a) Determination of need in the public interest. A discretionary
advisory committee may be established only when it is essential to the
conduct of agency business and when the information to be obtained is
not already available through another advisory committee or source
within the Federal Government. Reasons for deciding that an advisory
committee is needed may include whether:
(1) Advisory committee deliberations will result in the creation or
elimination of (or change in) regulations, policies, or guidelines
affecting agency business;
(2) The advisory committee will make recommendations resulting in
significant improvements in service or reductions in cost; or
(3) The advisory committee's recommendations will provide an
important additional perspective or viewpoint affecting agency
operations.
(b) Termination. An advisory committee must be terminated when:
(1) The stated objectives of the committee have been accomplished;
(2) The subject matter or work of the committee has become obsolete
by the passing of time or the assumption of the committee's functions by
another entity;
(3) The agency determines that the cost of operation is excessive in
relation to the benefits accruing to the Federal Government;
(4) In the case of a discretionary advisory committee, upon the
expiration of a period not to exceed two years, unless renewed;
(5) In the case of a non-discretionary advisory committee required
by Presidential directive, upon the expiration of a period not to exceed
two years, unless renewed by authority of the President; or
(6) In the case of a non-discretionary advisory committee required
by statute, upon the expiration of the time explicitly specified in the
statute, or implied by operation of the statute.
(c) Balanced membership. An advisory committee must be fairly
balanced in its membership in terms of the points of view represented
and the functions to be performed.
(d) Open meetings. Advisory committee meetings must be open to the
public except where a closed or partially-closed meeting has been
determined proper and consistent with the exemption(s) of the Government
in the Sunshine Act, 5 U.S.C. 552b(c), as the basis for closure.
(e) Advisory functions only. The function of advisory committees is
advisory
[[Page 15]]
only, unless specifically provided by statute or Presidential directive.
Sec. 102-3.35 What policies govern the use of subcommittees?
(a) In general, the requirements of the Act and the policies of this
Federal Advisory Committee Management part do not apply to subcommittees
of advisory committees that report to a parent advisory committee and
not directly to a Federal officer or agency. However, this section does
not preclude an agency from applying any provision of the Act and this
part to any subcommittee of an advisory committee in any particular
instance.
(b) The creation and operation of subcommittees must be approved by
the agency establishing the parent advisory committee.
Sec. 102-3.40 What types of committees or groups are not covered by the Act and this part?
The following are examples of committees or groups that are not
covered by the Act or this Federal Advisory Committee Management part:
(a) Committees created by the National Academy of Sciences (NAS) or
the National Academy of Public Administration (NAPA). Any committee
created by NAS or NAPA in accordance with section 15 of the Act, except
as otherwise covered by subpart E of this part;
(b) Advisory committees of the Central Intelligence Agency and the
Federal Reserve System. Any advisory committee established or utilized
by the Central Intelligence Agency or the Federal Reserve System;
(c) Committees exempted by statute. Any committee specifically
exempted from the Act by law;
(d) Committees not actually managed or controlled by the executive
branch. Any committee or group created by non-Federal entities (such as
a contractor or private organization), provided that these committees or
groups are not actually managed or controlled by the executive branch;
(e) Groups assembled to provide individual advice. Any group that
meets with a Federal official(s), including a public meeting, where
advice is sought from the attendees on an individual basis and not from
the group as a whole;
(f) Groups assembled to exchange facts or information. Any group
that meets with a Federal official(s) for the purpose of exchanging
facts or information;
(g) Intergovernmental committees. Any committee composed wholly of
full-time or permanent part-time officers or employees of the Federal
Government and elected officers of State, local and tribal governments
(or their designated employees with authority to act on their behalf),
acting in their official capacities. However, the purpose of such a
committee must be solely to exchange views, information, or advice
relating to the management or implementation of Federal programs
established pursuant to statute, that explicitly or inherently share
intergovernmental responsibilities or administration (see guidelines
issued by the Office of Management and Budget (OMB) on section 204(b) of
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), OMB
Memorandum M-95-20, dated September 21, 1995, available from the
Committee Management Secretariat (MC), General Services Administration,
1800 F Street, NW., Washington, DC 20405-0002);
(h) Intragovernmental committees. Any committee composed wholly of
full-time or permanent part-time officers or employees of the Federal
Government;
(i) Local civic groups. Any local civic group whose primary function
is that of rendering a public service with respect to a Federal program;
(j) Groups established to advise State or local officials. Any State
or local committee, council, board, commission, or similar group
established to advise or make recommendations to State or local
officials or agencies; and
(k) Operational committees. Any committee established to perform
primarily operational as opposed to advisory functions. Operational
functions are those specifically authorized by statute or Presidential
directive, such as making or implementing Government decisions or
policy. A committee designated operational may be covered
[[Page 16]]
by the Act if it becomes primarily advisory in nature. It is the
responsibility of the administering agency to determine whether a
committee is primarily operational. If so, it does not fall under the
requirements of the Act and this part.
Appendix A to Subpart A of Part 102-3--Key Points and Principles
This appendix provides additional guidance in the form of answers to
frequently asked questions and identifies key points and principles that
may be applied to situations not covered elsewhere in this subpart. The
guidance follows:
[[Page 17]]
Appendix A to Subpart A
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Key points and principles Section(s) Question(s) Guidance
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I. FACA applies to advisory 102-3.25, 102-3.40(d), 102-3.40(f) 1. A local citizens group wants to A. The answer to questions 1, 2,
committees that are either meet with a Federal official(s) to and 3 is yes, if the agency does
``established'' or ``utilized'' help improve the condition of a not either ``establish'' or
by an agency. forest's trails and quality of ``utilize'' (exercise ``actual
concessions. May the Government meet management or control'' over)
with the group without chartering the group. (i) Although there is
the group under the Act? no precise legal definition of
2. May an agency official attend ``actual management or
meetings of external groups where control,'' the following factors
advice may be offered to the may be used by an agency to
Government during the course of determine whether or not a group
discussions? is ``utilized'' within the
3. May an agency official participate meaning of the Act: (a) Does the
in meetings of groups or agency manage or control the
organizations as a member without group's membership or otherwise
chartering the group under the Act? determine its composition? (b)
4. Is the Act applicable to meetings Does the agency manage or
between agency officials and their control the group's agenda? (c)
contractors, licensees, or other Does the agency fund the group's
``private sector program partners?'' activities? (ii) Answering
``yes'' to any or all of
questions 1, 2, or 3 does not
automatically mean the group is
``utilized'' within the meaning
of the Act. However, an agency
may need to reconsider the
status of the group under the
Act if the relationship in
question essentially is
indistinguishable from an
advisory committee established
by the agency.
B. The answer to question 4 is
no. Agencies often meet with
contractors and licensees,
individually and as a group, to
discuss specific matters
involving a contract's
solicitation, issuance, and
implementation, or an agency's
efforts to ensure compliance
with its regulations. Such
interactions are not subject to
the Act because these groups are
not ``established'' or
``utilized'' for the purpose of
obtaining advice or
recommendations.
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II. The development of consensus 102-3.25, 102-3.40(d), 102-3.40(f) 1. If, during a public meeting of the A. No, the public meeting need
among all or some of the ``town hall'' type called by an not be stopped. (i) A group must
attendees at a public meeting agency, it appears that the audience either be ``established'' or
or similar forum does not is achieving consensus, or a common ``utilized'' by the executive
automatically invoke FACA. point of view, is this an indication branch in order for the Act to
that the meeting is subject to the apply. (ii) Public meetings
Act and must be stopped? represent a chance for
individuals to voice their
opinions and/or share
information. In that sense,
agencies do not either
``establish'' the assemblage of
individuals as an advisory
committee or ``utilize'' the
attendees as an advisory
committee because there are no
elements of either
``management'' or ``control''
present or intended.
[[Page 18]]
III. Meetings between a Federal 102-3.40(e) 1. May an agency official meet with a A. The answer to questions 1 and
official(s) and a collection of number of persons collectively to 2 is yes. The Act applies only
individuals where advice is obtain their individual views where a group is established or
sought from the attendees on an without violating the Act? utilized to provide advice or
individual basis are not 2. Does the concept of an recommendations ``as a group.''
subject to the Act. ``individual'' apply only to (i) A mere assemblage or
``natural persons?'' collection of individuals where
the attendees are providing
individual advice is not acting
``as a group'' under the Act.
(ii) In this respect,
``individual'' is not limited to
``natural persons.'' Where the
group consists of
representatives of various
existing organizations, each
representative individually may
provide advice on behalf of that
person's organization without
violating the Act, if those
organizations themselves are not
``managed or controlled'' by the
agency.
--------------------------------------------------------------------------------------------------------------------------------------------------------
IV. Meetings between Federal, 102-3.40(g) 1. Is the exclusion from the Act A. Yes. The scope of activities
State, local, and tribal covering elected officials of State, covered by the exclusion from
elected officials are not local, and tribal governments acting the Act for intergovernmental
subject to the Act. in their official capacities also activities should be construed
applicable to associations of State broadly to facilitateFederal/
officials? State/local/tribal discussions
on shared intergovernmental
program responsibilities or
administration. Pursuant to a
Presidential delegation, the
Office of Management and Budget
(OMB) issued guidelines for this
exemption, authorized by section
204(b) of the Unfunded Mandates
Reform Act of 1995, 2U.S.C.
1534(b). (See OMB Memorandum M-
95-20, dated September 21, 1995,
published at 60 FR 50651
(September 29, 1995), and which
is available from the Committee
Management Secretariat (MC),
General Services Administration,
1800 F Street, NW, Washington,
DC 20405-0002).
--------------------------------------------------------------------------------------------------------------------------------------------------------
V. Advisory committees 102-3.30(e), 102-3.40(k) 1. Are ``operational committees'' A. No, so long as the operational
established under the Act may subject to the Act, even if they may functions performed by the
perform advisory functions engage in some advisory activities? committee constitute the
only, unless authorized to ``primary'' mission of the
perform ``operational'' duties committee. Only committees
by the Congress or by established or utilized by the
Presidential directive. executive branch in the interest
of obtaining advice or
recommendations are subject to
the Act. However, without
specific authorization by the
Congress or direction by the
President, Federal functions
(decisionmaking or operations)
cannot be delegated to, or
assumed by, non-Federal
individuals or entities.
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[[Page 19]]
VI. Committees authorized by the 102-3.40(k) 1. What characteristics are common to A. In answer to question 1, non-
Congress in law or by ``operational committees?'' advisory, or ``operational''
Presidential directive to 2. A committee created by the committees generally have the
perform primarily Congress by statute is responsible, following characteristics: (i)
``operational'' functions are for example, for developing plans Specific functions and/or
not subject to the Act. and events to commemorate the authorities provided by the
contributions of wildlife to the Congress in law or by
enjoyment of the Nation's parks. Presidential directive; (ii) The
Part of the committee's role ability to make and implement
includes providing advice to certain traditionally Governmental
Federal agencies as may be necessary decisions; and (iii) The
to coordinate these events. Is this authority to perform specific
committee subject to FACA? tasks to implement a Federal
program.
B. Agencies are responsible for
determining whether or not a
committee primarily provides
advice or recommendations and
is, therefore, subject to the
Act, or is primarily
``operational'' and not covered
by FACA.
C. The answer to question 2 is
no. The committee is not subject
to the Act because: (i) Its
functions are to plan and
implement specific tasks; (ii)
The committee has been granted
the express authority by the
Congress to perform its
statutorily required functions;
and (iii) Its incidental role of
providing advice to other
Federal agencies is secondary to
its primarily operational role
of planning and implementing
specific tasks and performing
statutory functions.
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[[Page 20]]
Subpart B--How Are Advisory Committees Established, Renewed,
Reestablished, and Terminated?
Sec. 102-3.45 What does this subpart cover and how does it apply?
Requirements for establishing and terminating advisory committees
vary depending on the establishing entity and the source of authority
for the advisory committee. This subpart covers the procedures
associated with the establishment, renewal, reestablishment, and
termination of advisory committees. These procedures include consulting
with the Secretariat, preparing and filing an advisory committee
charter, publishing notice in the Federal Register, and amending an
advisory committee charter.
Sec. 102-3.50 What are the authorities for establishing advisory committees?
FACA identifies four sources of authority for establishing an
advisory committee:
(a) Required by statute. By law where the Congress establishes an
advisory committee, or specifically directs the President or an agency
to establish it (non-discretionary);
(b) Presidential authority. By Executive order of the President or
other Presidential directive (non-discretionary);
(c) Authorized by statute. By law where the Congress authorizes, but
does not direct the President or an agency to establish it
(discretionary); or
(d) Agency authority. By an agency under general authority in title
5 of the United States Code or under other general agency-authorizing
statutes (discretionary).
Sec. 102-3.55 What rules apply to the duration of an advisory committee?
(a) An advisory committee automatically terminates two years after
its date of establishment unless:
(1) The statutory authority used to establish the advisory committee
provides a different duration;
(2) The President or agency head determines that the advisory
committee has fulfilled the purpose for which it was established and
terminates the advisory committee earlier;
(3) The President or agency head determines that the advisory
committee is no longer carrying out the purpose for which it was
established and terminates the advisory committee earlier; or
(4) The President or agency head renews the committee not later than
two years after its date of establishment in accordance with Sec. 102-
3.60. If an advisory committee needed by the President or an agency
terminates because it was not renewed in a timely manner, or if the
advisory committee has been terminated under the provisions of Sec. 102-
3.30(b), it can be reestablished in accordance with Sec. 102-3.60.
(b) When an advisory committee terminates, the agency shall notify
the Secretariat of the effective date of the termination.
Sec. 102-3.60 What procedures are required to establish, renew, or reestablish a discretionary advisory committee?
(a) Consult with the Secretariat. Before establishing, renewing, or
reestablishing a discretionary advisory committee and filing the charter
as addressed later in Sec. 102-3.70, the agency head must consult with
the Secretariat. As part of this consultation, agency heads are
encouraged to engage in constructive dialogue with the Secretariat. With
a full understanding of the background and purpose behind the proposed
advisory committee, the Secretariat may share its knowledge and
experience with the agency on how best to make use of the proposed
advisory committee, suggest alternate methods of attaining its purpose
that the agency may wish to consider, or inform the agency of a pre-
existing advisory committee performing similar functions.
(b) Include required information in the consultation. Consultations
covering the establishment, renewal, and reestablishment of advisory
committees must, as a minimum, contain the following information:
(1) Explanation of need. An explanation stating why the advisory
committee is essential to the conduct of agency business and in the
public interest;
(2) Lack of duplication of resources. An explanation stating why the
advisory
[[Page 21]]
committee's functions cannot be performed by the agency, another
existing committee, or other means such as a public hearing; and
(3) Fairly balanced membership. A description of the agency's plan
to attain fairly balanced membership. The plan will ensure that, in the
selection of members for the advisory committee, the agency will
consider a cross-section of those directly affected, interested, and
qualified, as appropriate to the nature and functions of the advisory
committee. Advisory committees requiring technical expertise should
include persons with demonstrated professional or personal
qualifications and experience relevant to the functions and tasks to be
performed.
Sec. 102-3.65 What are the public notification requirements for discretionary advisory committees?
A notice to the public in the Federal Register is required when a
discretionary advisory committee is established, renewed, or
reestablished.
(a) Procedure. Upon receiving notice from the Secretariat that its
review is complete in accordance with Sec. 102-3.60(a), the agency must
publish a notice in the Federal Register announcing that the advisory
committee is being established, renewed, or reestablished. For the
establishment of a new advisory committee, the notice also must describe
the nature and purpose of the advisory committee and affirm that the
advisory committee is necessary and in the public interest.
(b) Time required for notices. Notices of establishment and
reestablishment of advisory committees must appear at least 15 calendar
days before the charter is filed, except that the Secretariat may
approve less than 15 calendar days when requested by the agency for good
cause. This requirement for advance notice does not apply to advisory
committee renewals, notices of which may be published concurrently with
the filing of the charter.
Sec. 102-3.70 What are the charter filing requirements?
No advisory committee may meet or take any action until a charter
has been filed by the Committee Management Officer (CMO) designated in
accordance with section 8(b) of the Act, or by another agency official
designated by the agency head.
(a) Requirement for discretionary advisory committees. To establish,
renew, or reestablish a discretionary advisory committee, a charter must
be filed with:
(1) The agency head;
(2) The standing committees of the Senate and the House of
Representatives having legislative jurisdiction of the agency, the date
of filing with which constitutes the official date of establishment for
the advisory committee;
(3) The Library of Congress, Anglo-American Acquisitions Division,
Government Documents Section, Federal Advisory Committee Desk, 101
Independence Avenue, SE., Washington, DC 20540-4172; and
(4) The Secretariat, indicating the date the charter was filed in
accordance with paragraph (a)(2) of this section.
(b) Requirement for non-discretionary advisory committees. Charter
filing requirements for non-discretionary advisory committees are the
same as those in paragraph (a) of this section, except the date of
establishment for a Presidential advisory committee is the date the
charter is filed with the Secretariat.
(c) Requirement for subcommittees that report directly to the
Government. Subcommittees that report directly to a Federal officer or
agency must comply with this subpart and include in a charter the
information required by Sec. 102-3.75.
Sec. 102-3.75 What information must be included in the charter of an advisory committee?
(a) Purpose and contents of an advisory committee charter. An
advisory committee charter is intended to provide a description of an
advisory committee's mission, goals, and objectives. It also provides a
basis for evaluating an advisory committee's progress and effectiveness.
The charter must contain the following information:
(1) The advisory committee's official designation;
(2) The objectives and the scope of the advisory committee's
activity;
[[Page 22]]
(3) The period of time necessary to carry out the advisory
committee's purpose(s);
(4) The agency or Federal officer to whom the advisory committee
reports;
(5) The agency responsible for providing the necessary support to
the advisory committee;
(6) A description of the duties for which the advisory committee is
responsible and specification of the authority for any non-advisory
functions;
(7) The estimated annual costs to operate the advisory committee in
dollars and person years;
(8) The estimated number and frequency of the advisory committee's
meetings;
(9) The planned termination date, if less than two years from the
date of establishment of the advisory committee;
(10) The name of the President's delegate, agency, or organization
responsible for fulfilling the reporting requirements of section 6(b) of
the Act, if appropriate; and
(11) The date the charter is filed in accordance with Sec. 102-3.70.
(b) The provisions of paragraphs (a)(1) through (11) of this section
apply to all subcommittees that report directly to a Federal officer or
agency.
Sec. 102-3.80 How are minor charter amendments accomplished?
(a) Responsibility and limitation. The agency head is responsible
for amending the charter of an advisory committee. Amendments may be
either minor or major. The procedures for making changes and filing
amended charters will depend upon the authority basis for the advisory
committee. Amending any existing advisory committee charter does not
constitute renewal of the advisory committee under Sec. 102-3.60.
(b) Procedures for minor amendments. To make a minor amendment to an
advisory committee charter, such as changing the name of the advisory
committee or modifying the estimated number or frequency of meetings,
the following procedures must be followed:
(1) Non-discretionary advisory committees. The agency head must
ensure that any minor technical changes made to current charters are
consistent with the relevant authority. When the Congress by law, or the
President by Executive order, changes the authorizing language that has
been the basis for establishing an advisory committee, the agency head
or the chairperson of an independent Presidential advisory committee
must amend those sections of the current charter affected by the new
statute or Executive order, and file the amended charter as specified in
Sec. 102-3.70.
(2) Discretionary advisory committees. The charter of a
discretionary advisory committee may be amended when an agency head
determines that technical provisions of a filed charter are inaccurate,
or specific provisions have changed or become obsolete with the passing
of time, and that these amendments will not alter the advisory
committee's objectives and scope substantially. The agency must amend
the charter language as necessary and file the amended charter as
specified in Sec. 102-3.70.
Sec. 102-3.85 How are major charter amendments accomplished?
Procedures for making major amendments to advisory committee
charters, such as substantial changes in objectives and scope, duties,
and estimated costs, are the same as in Sec. 102-3.80, except that for
discretionary advisory committees an agency must:
(a) Consult with the Secretariat on the amended language, and
explain the purpose of the changes and why they are necessary; and
(b) File the amended charter as specified in Sec. 102-3.70.
Appendix A to Subpart B of Part 102-3--Key Points and Principles
This appendix provides additional guidance in the form of answers to
frequently asked questions and identifies key points and principles that
may be applied to situations not covered elsewhere in this subpart. The
guidance follows:
[[Page 23]]
Appendix A to Subpart B
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Key points and principles Section(s) Question(s) Guidance
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I. Agency heads must consult with the 102-3.60, 102-3.115......... 1. Can an agency head delegate to the A. Yes. Many administrative functions
Secretariat prior to establishing a Committee Management Officer (CMO) performed to implement the Act may
discretionary advisory committee. responsibility for consulting with the be delegated. However, those
Secretariat regarding the functions related to approving the
establishment, renewal, or final establishment, renewal, or
reestablishment of discretionary reestablishment of discretionary
advisory committees? advisory committees are reserved for
the agency head. Each agency CMO
should assure that their internal
processes for managing advisory
committees include appropriate
certifications by the agency head.
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II. Agency heads are responsible for 102-3.60(a), 102-3.105...... 1. Who retains final authority for A. Although agency heads retain final
complying with the Act, including establishing or renewing a authority for establishing or
determining which discretionary advisory discretionary advisory committee? renewing discretionary advisory
committees should be established and committees, these decisions should
renewed. be consistent with Sec. 102-
3.105(e) and reflect consultation
with the Secretariat under Sec. 102-
3.60(a).
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III. An advisory committee must be fairly 102-3.30(c), 102-3.60(b)(3). 1. What factors should be considered in A. The composition of an advisory
balanced in its membership in terms of achieving a ``balanced'' advisory committee's membership will depend
the points of view represented and the committee membership? upon several factors, including: (i)
functions to be performed. The advisory committee's mission;
(ii) The geographic, ethnic, social,
economic, or scientific impact of
the advisory committee's
recommendations; (iii) The types of
specific perspectives required, for
example, such as those of consumers,
technical experts, the public at-
large, academia, business, or other
sectors; (iv) The need to obtain
divergent points of view on the
issues before the advisory
committee; and (v) The relevance of
State, local, or tribal governments
to the development of the advisory
committee's recommendations.
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IV. Charters for advisory committees 102-3.70(b)................. 1. If an advisory committee's duration A. Yes. Section 14(b)(2) of the Act
required by statute must be filed every exceeds two years, must a charter be provides that: Any advisory
two years regardless of the duration filed with the Congress and GSA every committee established by an Act of
provided in the statute. two years? Congress shall file a charter upon
the expiration of each successive
two-year period following the date
of enactment of the Act establishing
such advisory committee.
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[[Page 24]]
Subpart C--How Are Advisory Committees Managed?
Sec. 102-3.90 What does this subpart cover and how does it apply?
This subpart outlines specific responsibilities and functions to be
carried out by the General Services Administration (GSA), the agency
head, the Committee Management Officer (CMO), and the Designated Federal
Officer (DFO) under the Act.
Sec. 102-3.95 What principles apply to the management of advisory committees?
Agencies are encouraged to apply the following principles to the
management of their advisory committees:
(a) Provide adequate support. Before establishing an advisory
committee, agencies should identify requirements and assure that
adequate resources are available to support anticipated activities.
Considerations related to support include office space, necessary
supplies and equipment, Federal staff support, and access to key
decisionmakers.
(b) Focus on mission. Advisory committee members and staff should be
fully aware of the advisory committee's mission, limitations, if any, on
its duties, and the agency's goals and objectives. In general, the more
specific an advisory committee's tasks and the more focused its
activities are, the higher the likelihood will be that the advisory
committee will fulfill its mission.
(c) Follow plans and procedures. Advisory committee members and
their agency sponsors should work together to assure that a plan and
necessary procedures covering implementation are in place to support an
advisory committee's mission. In particular, agencies should be clear
regarding what functions an advisory committee can perform legally and
those that it cannot perform.
(d) Practice openness. In addition to achieving the minimum
standards of public access established by the Act and this part,
agencies should seek to be as inclusive as possible. For example,
agencies may wish to explore the use of the Internet to post advisory
committee information and seek broader input from the public.
(e) Seek feedback. Agencies continually should seek feedback from
advisory committee members and the public regarding the effectiveness of
the advisory committee's activities. At regular intervals, agencies
should communicate to the members how their advice has affected agency
programs and decisionmaking.
Sec. 102-3.100 What are the responsibilities and functions of GSA?
(a) Under section 7 of the Act, the General Services Administration
(GSA) prepares regulations on Federal advisory committees to be
prescribed by the Administrator of General Services, issues other
administrative guidelines and management controls for advisory
committees, and assists other agencies in implementing and interpreting
the Act. Responsibility for these activities has been delegated by the
Administrator to the GSA Committee Management Secretariat.
(b) The Secretariat carries out its responsibilities by:
(1) Conducting an annual comprehensive review of Governmentwide
advisory committee accomplishments, costs, benefits, and other
indicators to measure performance;
(2) Developing and distributing Governmentwide training regarding
the Act and related statutes and principles;
(3) Supporting the Interagency Committee on Federal Advisory
Committee Management in its efforts to improve compliance with the Act;
(4) Designing and maintaining a Governmentwide shared Internet-based
system to facilitate collection and use of information required by the
Act;
(5) Identifying performance measures that may be used to evaluate
advisory committee accomplishments; and
(6) Providing recommendations for transmittal by the Administrator
to the Congress and the President regarding proposals to improve
accomplishment of the objectives of the Act.
Sec. 102-3.105 What are the responsibilities of an agency head?
The head of each agency that establishes or utilizes one or more
advisory committees must:
[[Page 25]]
(a) Comply with the Act and this Federal Advisory Committee
Management part;
(b) Issue administrative guidelines and management controls that
apply to all of the agency's advisory committees subject to the Act;
(c) Designate a Committee Management Officer (CMO);
(d) Provide a written determination stating the reasons for closing
any advisory committee meeting to the public, in whole or in part, in
accordance with the exemption(s) of the Government in the Sunshine Act,
5 U.S.C. 552b(c), as the basis for closure;
(e) Review, at least annually, the need to continue each existing
advisory committee, consistent with the public interest and the purpose
or functions of each advisory committee;
(f) Determine that rates of compensation for members (if they are
paid for their services) and staff of, and experts and consultants to
advisory committees are justified and that levels of agency support are
adequate;
(g) Develop procedures to assure that the advice or recommendations
of advisory committees will not be inappropriately influenced by the
appointing authority or by any special interest, but will instead be the
result of the advisory committee's independent judgment;
(h) Assure that the interests and affiliations of advisory committee
members are reviewed for conformance with applicable conflict of
interest statutes, regulations issued by the U.S. Office of Government
Ethics (OGE) including any supplemental agency requirements, and other
Federal ethics rules;
(i) Designate a Designated Federal Officer (DFO) for each advisory
committee and its subcommittees; and
(j) Provide the opportunity for reasonable participation by the
public in advisory committee activities, subject to Sec. 102-3.140 and
the agency's guidelines.
Sec. 102-3.110 What are the responsibilities of a chairperson of an independent Presidential advisory committee?
The chairperson of an independent Presidential advisory committee
must:
(a) Comply with the Act and this Federal Advisory Committee
Management part;
(b) Consult with the Secretariat concerning the designation of a
Committee Management Officer (CMO) and Designated Federal Officer (DFO);
and
(c) Consult with the Secretariat in advance regarding any proposal
to close any meeting in whole or in part.
Sec. 102-3.115 What are the responsibilities and functions of an agency Committee Management Officer (CMO)?
In addition to implementing the provisions of section 8(b) of the
Act, the CMO will carry out all responsibilities delegated by the agency
head. The CMO also should ensure that sections 10(b), 12(a), and 13 of
the Act are implemented by the agency to provide for appropriate
recordkeeping. Records to be kept by the CMO include, but are not
limited to:
(a) Charter and membership documentation. A set of filed charters
for each advisory committee and membership lists for each advisory
committee and subcommittee;
(b) Annual comprehensive review. Copies of the information provided
as the agency's portion of the annual comprehensive review of Federal
advisory committees, prepared according to Sec. 102-3.175(b);
(c) Agency guidelines. Agency guidelines maintained and updated on
committee management operations and procedures; and
(d) Closed meeting determinations. Agency determinations to close or
partially close advisory committee meetings required by Sec. 102-3.105.
Sec. 102-3.120 What are the responsibilities and functions of a Designated Federal Officer (DFO)?
The agency head or, in the case of an independent Presidential
advisory committee, the Secretariat, must designate a Federal officer or
employee who must be either full-time or permanent part-time, to be the
DFO for each advisory committee and its subcommittees, who must:
(a) Approve or call the meeting of the advisory committee or
subcommittee;
[[Page 26]]
(b) Approve the agenda, except that this requirement does not apply
to a Presidential advisory committee;
(c) Attend the meetings;
(d) Adjourn any meeting when he or she determines it to be in the
public interest; and
(e) Chair the meeting when so directed by the agency head.
Sec. 102-3.125 How should agencies consider the roles of advisory committee members and staff?
FACA does not assign any specific responsibilities to members of
advisory committees and staff, although both perform critical roles in
achieving the goals and objectives assigned to advisory committees.
Agency heads, Committee Management Officers (CMOs), and Designated
Federal Officers (DFOs) should consider the distinctions between these
roles and how they relate to each other in the development of agency
guidelines implementing the Act and this Federal Advisory Committee
Management part. In general, these guidelines should reflect:
(a) Clear operating procedures. Clear operating procedures should
provide for the conduct of advisory committee meetings and other
activities, and specify the relationship among the advisory committee
members, the DFO, and advisory committee or agency staff;
(b) Agency operating policies. In addition to compliance with the
Act, advisory committee members and staff may be required to adhere to
additional agency operating policies; and
(c) Other applicable statutes. Other agency-specific statutes and
regulations may affect the agency's advisory committees directly or
indirectly. Agencies should ensure that advisory committee members and
staff understand these requirements.
Sec. 102-3.130 What policies apply to the appointment, and compensation or reimbursement of advisory committee members, staff, and experts and consultants?
In developing guidelines to implement the Act and this Federal
Advisory Committee Management part at the agency level, agency heads
must address the following issues concerning advisory committee member
and staff appointments, and considerations with respect to uniform fair
rates of compensation for comparable services, or expense reimbursement
of members, staff, and experts and consultants:
(a) Appointment and terms of advisory committee members. Unless
otherwise provided by statute, Presidential directive, or other
establishment authority, advisory committee members serve at the
pleasure of the appointing or inviting authority. Membership terms are
at the sole discretion of the appointing or inviting authority.
(b) Compensation guidelines. Each agency head must establish uniform
compensation guidelines for members and staff of, and experts and
consultants to an advisory committee.
(c) Compensation of advisory committee members not required. Nothing
in this subpart requires an agency head to provide compensation to any
member of an advisory committee, unless otherwise required by a specific
statute.
(d) Compensation of advisory committee members. When an agency has
authority to set pay administratively for advisory committee members, it
may establish appropriate rates of pay (including any applicable
locality pay authorized by the President's Pay Agent under 5 U.S.C.
5304(h)), not to exceed the rate for level IV of the Executive Schedule
under 5 U.S.C. 5315, unless a higher rate expressly is allowed by
another statute. However, the agency head personally must authorize a
rate of basic pay in excess of the maximum rate of basic pay established
for the General Schedule under 5 U.S.C. 5332, or alternative similar
agency compensation system. This maximum rate includes any applicable
locality payment under 5 U.S.C. 5304. The agency may pay advisory
committee members on either an hourly or a daily rate basis. The agency
may not provide additional compensation in any form, such as bonuses or
premium pay.
(e) Compensation of staff. When an agency has authority to set pay
administratively for advisory committee staff, it may establish
appropriate rates of pay (including any applicable locality pay
authorized by the President's Pay Agent under 5 U.S.C. 5304(h)), not to
exceed the rate for level IV of the Executive Schedule under 5
[[Page 27]]
U.S.C. 5315, unless a higher rate expressly is allowed by another
statute. However, the agency head personally must authorize a rate of
basic pay in excess of the maximum rate of basic pay established for the
General Schedule under 5 U.S.C. 5332, or alternative similar agency
compensation system. This maximum rate includes any applicable locality
payment under 5 U.S.C. 5304. The agency must pay advisory committee
staff on an hourly rate basis. The agency may provide additional
compensation, such as bonuses or premium pay, so long as aggregate
compensation paid in a calendar year does not exceed the rate for level
IV of the Executive Schedule, with appropriate proration for a partial
calendar year.
(f) Other compensation considerations. In establishing rates of pay
for advisory committee members and staff, the agency must comply with
any applicable statutes, Executive orders, regulations, or
administrative guidelines. In determining an appropriate rate of basic
pay for advisory committee members and staff, an agency must give
consideration to the significance, scope, and technical complexity of
the matters with which the advisory committee is concerned, and the
qualifications required for the work involved. The agency also should
take into account the rates of pay applicable to Federal employees who
have duties that are similar in terms of difficulty and responsibility.
An agency may establish rates of pay for advisory committee staff based
on the pay these persons would receive if they were covered by the
General Schedule in 5 U.S.C. Chapter 51 and Chapter 53, subchapter III,
or by an alternative similar agency compensation system.
(g) Compensation of experts and consultants. Whether or not an
agency has other authority to appoint and compensate advisory committee
members or staff, it also may employ experts and consultants under 5
U.S.C. 3109 to perform work for an advisory committee. Compensation of
experts and consultants may not exceed the maximum rate of basic pay
established for the General Schedule under 5 U.S.C. 5332 (that is, the
GS-15, step 10 rate, excluding locality pay or any other supplement),
unless a higher rate expressly is allowed by another statute. The
appointment and compensation of experts and consultants by an agency
must be in conformance with applicable regulations issued by the U. S.
Office of Personnel Management (OPM) (See 5 CFR part 304.).
(h) Federal employees assigned to an advisory committee. Any
advisory committee member or staff person who is a Federal employee when
assigned duties to an advisory committee remains covered during the
assignment by the compensation system that currently applies to that
employee, unless that person's current Federal appointment is
terminated. Any staff person who is a Federal employee must serve with
the knowledge of the Designated Federal Officer (DFO) for the advisory
committee to which that person is assigned duties, and the approval of
the employee's direct supervisor.
(i) Other appointment considerations. An individual who is appointed
as an advisory committee member or staff person immediately following
termination of another Federal appointment with a full-time work
schedule may receive compensation at the rate applicable to the former
appointment, if otherwise allowed by applicable law (without regard to
the limitations on pay established in paragraphs (d) and (e) of this
section). Any advisory committee staff person who is not a current
Federal employee serving under an assignment must be appointed in
accordance with applicable agency procedures, and in consultation with
the DFO and the members of the advisory committee involved.
(j) Gratuitous services. In the absence of any special limitations
applicable to a specific agency, nothing in this subpart prevents an
agency from accepting the gratuitous services of an advisory committee
member or staff person who is not a Federal employee, or expert or
consultant, who agrees in advance and in writing to serve without
compensation.
(k) Travel expenses. Advisory committee members and staff, while
engaged in the performance of their duties away from their homes or
regular
[[Page 28]]
places of business, may be allowed reimbursement for travel expenses,
including per diem in lieu of subsistence, as authorized by 5 U.S.C.
5703, for persons employed intermittently in the Government service.
(l) Services for advisory committee members with disabilities. While
performing advisory committee duties, an advisory committee member with
disabilities may be provided services by a personal assistant for
employees with disabilities, if the member qualifies as an individual
with disabilities as provided in section 501 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. 791, and does not otherwise qualify for
assistance under 5 U.S.C. 3102 by reason of being a Federal employee.
Appendix A to Subpart C of Part 102-3--Key Points and Principles
This appendix provides additional guidance in the form of answers to
frequently asked questions and identifies key points and principles that
may be applied to situations not covered elsewhere in this subpart. The
guidance follows:
[[Page 29]]
Appendix A to Subpart C
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Key points and principles Section Question(s) Guidance
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I. FACA does not specify the 102-3.105, 102-3.130(a)..................... 1. Does the appointment of an A. No. Each agency head may
manner in which advisory advisory committee member specify those policies and
committee members and staff necessarily result in a lengthy procedures, consistent with the
must be appointed. process? Act and this part, or other
specific authorizing statute,
governing the appointment of
advisory committee members and
staff.
B. Some factors that affect how
long the appointment process
takes include: (i) Solicitation
of nominations; (ii) Conflict of
interest clearances; (iii)
Security or background
evaluations; (iv) Availability
of candidates; and (v) Other
statutory or administrative
requirements.
C. In addition, the extent to
which agency heads have
delegated responsibility for
selecting members varies from
agency to agency and may become
an important factor in the time
it takes to finalize the
advisory committee's membership.
--------------------------------------------------------------------------------------------------------------------------------------------------------
II. Agency heads retain the 102-3.130(a)................................ 1. Can an agency head select for A. The answer to question 1 is
final authority for selecting membership on an advisory committee yes. Organizations may propose
advisory committee members, from among nominations submitted by for membership individuals to
unless otherwise provided for an organization? represent them on an advisory
by a specific statute or committee. However, the agency
Presidential directive. head establishing the advisory
committee, or other appointing
authority, retains the final
authority for selecting all
members.
2. If so, can different persons B. The answer to question 2 also
represent the organization at is yes. Alternates may represent
different meetings? an appointed member with the
approval of the establishing
agency, where the agency head is
the appointing authority.
III. An agency may compensate 102-3.130(d), 102-3.130(e), 102-3.130(g).... 1. May members and staff be A. The answer to question 1 is
advisory committee members and compensated for their service or yes. (i) However, FACA limits
staff, and also employ experts duties on an advisory committee? compensation for advisory
and consultants. 2. Are the guidelines the same for committee members and staff to
compensating both members and staff? the rate for level IV of the
3. May experts and consultants be Executive Schedule, unless
employed to perform other advisory higher rates expressly are
committee work? allowed by other statutes. (ii)
Although FACA provides for
compensation guidelines, the Act
does not require an agency to
compensate its advisory
committee members.
[[Page 30]]
B. The answer to question 2 is
no. The guidelines for
compensating members and staff
are similar, but not identical.
For example, the differences are
that: (i) An agency ``may'' pay
members on either an hourly or a
daily rate basis, and ``may
not'' provide additional
compensation in any form, such
as bonuses or premium pay; while
(ii) An agency ``must'' pay
staff on an hourly rate basis
only, and ``may'' provide
additional compensation, so long
as aggregate compensation paid
in a calendar year does not
exceed the rate for level IV of
the Executive Schedule, with
appropriate proration for a
partial calendar year.
C. The answer to question 3 is
yes. Other work not part of the
duties of advisory committee
members or staff may be
performed by experts and
consultants. For additional
guidance on the employment of
experts and consultants,
agencies should consult the
applicable regulations issued by
the U. S. Office of Personnel
Management (OPM). (See 5 CFR
part 304.)
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IV. Agency heads are responsible 102-3.105(h)................................ 1. Are all advisory committee members A. The answer to question 1 is
for ensuring that the interests subject to conflict of interest no. Whether an advisory
and affiliations of advisory statutes and other Federal ethics committee member is subject to
committee members are reviewed rules? Federal ethics rules is
for conformance with applicable 2. Who should be consulted for dependent on the member's
conflict of interest statutes guidance on the proper application status. The determination of a
and other Federal ethics rules.. of Federal ethics rules to advisory member's status on an advisory
committee members? committee is largely a personnel
classification matter for the
appointing agency. Most advisory
committee members will serve
either as a ``representative''
or a ``special Government
employee'' (SGE), based on the
role the member will play. In
general, SGEs are covered by
regulations issued by the U. S.
Office of Government Ethics
(OGE) and certain conflict of
interest statutes,while
representatives are not subject
to these ethics requirements.
B. The answer to question 2 is
the agency's Designated Agency
Ethics Official (DAEO), who
should be consulted prior to
appointing members to an
advisory committee in order to
apply Federal ethics rules
properly.
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V. An agency head may delegate 102-3.105(c), 102-3.105(i).................. 1. Must an agency's CMO and each A. The answer to question 1 is
responsibility for appointing a advisory committee DFO be appointed no. The agency head may delegate
Committee Management Officer by the agency head? responsibility for appointing
(CMO) or Designated Federal the CMO and DFOs. However, these
Officer (DFO); however, there appointments, including
may be only one CMO for each alternate selections, should be
agency.. documented consistent with the
agency's policies and
procedures.
[[Page 31]]
2. May an agency have more than one B. The answer to question 2 also
CMO? is no. The functions of the CMO
are specified in the Act and
include oversight responsibility
for all advisory committees
within the agency. Accordingly,
only one CMO may be appointed to
perform these functions. The
agency may, however, create
additional positions, including
those in its subcomponents,
which are subordinate to the
CMO's agencywide
responsibilities and functions.
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VI. FACA is the principal 102-3.125(c)................................ 1. Do other statutes or regulations A. Yes. While the Act provides a
statute pertaining to advisory affect the way an agency carries out general framework for managing
committees. However, other its advisory committee management advisory committees
statutes may impact their use program? Governmentwide, other factors
and operations.. may affect how advisory
committees are managed. These
include: (i) The statutory or
Presidential authority used to
establish an advisory committee;
(ii) A statutory limitation
placed on an agency regarding
its annual expenditures for
advisory committees; (iii)
Presidential or agency
management directives; (iv) The
applicability of conflict of
interest statutes and other
Federal ethics rules; (v) Agency
regulations affecting advisory
committees; and (vi) Other
requirements imposed by statute
or regulation on an agency or
its programs, such as those
governing the employment of
experts and consultants or the
management of Federal records.
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[[Page 32]]
Subpart D--Advisory Committee Meeting and Recordkeeping Procedures
Sec. 102-3.135 What does this subpart cover and how does it apply?
This subpart establishes policies and procedures relating to
meetings and other activities undertaken by advisory committees and
their subcommittees. This subpart also outlines what records must be
kept by Federal agencies and what other documentation, including
advisory committee minutes and reports, must be prepared and made
available to the public.
Sec. 102-3.140 What policies apply to advisory committee meetings?
The agency head, or the chairperson of an independent Presidential
advisory committee, must ensure that:
(a) Each advisory committee meeting is held at a reasonable time and
in a manner or place reasonably accessible to the public, to include
facilities that are readily accessible to and usable by persons with
disabilities, consistent with the goals of section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794;
(b) The meeting room or other forum selected is sufficient to
accommodate advisory committee members, advisory committee or agency
staff, and a reasonable number of interested members of the public;
(c) Any member of the public is permitted to file a written
statement with the advisory committee;
(d) Any member of the public may speak to or otherwise address the
advisory committee if the agency's guidelines so permit; and
(e) Any advisory committee meeting conducted in whole or part by a
teleconference, videoconference, the Internet, or other electronic
medium meets the requirements of this subpart.
Sec. 102-3.145 What policies apply to subcommittee meetings?
If a subcommittee makes recommendations directly to a Federal
officer or agency, or if its recommendations will be adopted by the
parent advisory committee without further deliberations by the parent
advisory committee, then the subcommittee's meetings must be conducted
in accordance with all openness requirements of this subpart.
Sec. 102-3.150 How are advisory committee meetings announced to the public?
(a) A notice in the Federal Register must be published at least 15
calendar days prior to an advisory committee meeting, which includes:
(1) The name of the advisory committee (or subcommittee, if
applicable);
(2) The time, date, place, and purpose of the meeting;
(3) A summary of the agenda, and/or topics to be discussed;
(4) A statement whether all or part of the meeting is open to the
public or closed; if the meeting is closed state the reasons why, citing
the specific exemption(s) of the Government in the Sunshine Act, 5
U.S.C. 552b(c), as the basis for closure; and
(5) The name and telephone number of the Designated Federal Officer
(DFO) or other responsible agency official who may be contacted for
additional information concerning the meeting.
(b) In exceptional circumstances, the agency or an independent
Presidential advisory committee may give less than 15 calendar days
notice, provided that the reasons for doing so are included in the
advisory committee meeting notice published in the Federal Register.
Sec. 102-3.155 How are advisory committee meetings closed to the public?
To close all or part of an advisory committee meeting, the
Designated Federal Officer (DFO) must:
(a) Obtain prior approval. Submit a request to the agency head, or
in the case of an independent Presidential advisory committee, the
Secretariat, citing the specific exemption(s) of the Government in the
Sunshine Act, 5 U.S.C. 552b(c), that justify the closure. The request
must provide the agency head or the Secretariat sufficient time
(generally, 30 calendar days) to review the matter in order to make a
determination before publication of the meeting notice required by
Sec. 102-3.150.
[[Page 33]]
(b) Seek General Counsel review. The General Counsel of the agency
or, in the case of an independent Presidential advisory committee, the
General Counsel of GSA should review all requests to close meetings.
(c) Obtain agency determination. If the agency head, or in the case
of an independent Presidential advisory committee, the Secretariat,
finds that the request is consistent with the provisions in the
Government in the Sunshine Act and FACA, the appropriate agency official
must issue a determination that all or part of the meeting be closed.
(d) Assure public access to determination. The agency head or the
chairperson of an independent Presidential advisory committee must make
a copy of the determination available to the public upon request.
Sec. 102-3.160 What activities of an advisory committee are not subject to the notice and open meeting requirements of the Act?
The following activities of an advisory committee are excluded from
the procedural requirements contained in this subpart:
(a) Preparatory work. Meetings of two or more advisory committee or
subcommittee members convened solely to gather information, conduct
research, or analyze relevant issues and facts in preparation for a
meeting of the advisory committee, or to draft position papers for
deliberation by the advisory committee; and
(b) Administrative work. Meetings of two or more advisory committee
or subcommittee members convened solely to discuss administrative
matters of the advisory committee or to receive administrative
information from a Federal officer or agency.
Sec. 102-3.165 How are advisory committee meetings documented?
(a) The agency head or, in the case of an independent Presidential
advisory committee, the chairperson must ensure that detailed minutes of
each advisory committee meeting, including one that is closed or
partially closed to the public, are kept. The chairperson of each
advisory committee must certify the accuracy of all minutes of advisory
committee meetings.
(b) The minutes must include:
(1) The time, date, and place of the advisory committee meeting;
(2) A list of the persons who were present at the meeting, including
advisory committee members and staff, agency employees, and members of
the public who presented oral or written statements;
(3) An accurate description of each matter discussed and the
resolution, if any, made by the advisory committee regarding such
matter; and
(4) Copies of each report or other document received, issued, or
approved by the advisory committee at the meeting.
(c) The Designated Federal Officer (DFO) must ensure that minutes
are certified within 90 calendar days of the meeting to which they
relate.
Sec. 102-3.170 How does an interested party obtain access to advisory committee records?
Timely access to advisory committee records is an important element
of the public access requirements of the Act. Section 10(b) of the Act
provides for the contemporaneous availability of advisory committee
records that, when taken in conjunction with the ability to attend
committee meetings, provide a meaningful opportunity to comprehend fully
the work undertaken by the advisory committee. Although advisory
committee records may be withheld under the provisions of the Freedom of
Information Act (FOIA), as amended, if there is a reasonable expectation
that the records sought fall within the exemptions contained in section
552(b) of FOIA, agencies may not require members of the public or other
interested parties to file requests for non-exempt advisory committee
records under the request and review process established by section
552(a)(3) of FOIA.
Sec. 102-3.175 What are the reporting and recordkeeping requirements for an advisory committee?
(a) Presidential advisory committee follow-up report. Within one
year after a Presidential advisory committee has
[[Page 34]]
submitted a public report to the President, a follow-up report required
by section 6(b) of the Act must be prepared and transmitted to the
Congress detailing the disposition of the advisory committee's
recommendations. The Secretariat shall assure that these reports are
prepared and transmitted to the Congress as directed by the President,
either by the President's delegate, by the agency responsible for
providing support to a Presidential advisory committee, or by the
responsible agency or organization designated in the charter of the
Presidential advisory committee pursuant to Sec. 102-3.75(a)(10). In
performing this function, GSA may solicit the assistance of the
President's delegate, the Office of Management and Budget (OMB), or the
responsible agency Committee Management Officer (CMO), as appropriate.
Reports shall be consistent with specific guidance provided periodically
by the Secretariat.
(b) Annual comprehensive review of Federal advisory committees. To
conduct an annual comprehensive review of each advisory committee as
specified in section 7(b) of the Act, GSA requires Federal agencies to
report information on each advisory committee for which a charter has
been filed in accordance with Sec. 102-3.70, and which is in existence
during any part of a Federal fiscal year. Committee Management Officers
(CMOs), Designated Federal Officers (DFOs), and other responsible agency
officials will provide this information by data filed electronically
with GSA on a fiscal year basis, using a Governmentwide shared Internet-
based system that GSA maintains. This information shall be consistent
with specific guidance provided periodically by the Secretariat. The
preparation of these electronic submissions by agencies has been
assigned interagency report control number (IRCN) 0304-GSA-AN.
(c) Annual report of closed or partially-closed meetings. In
accordance with section 10(d) of the Act, advisory committees holding
closed or partially-closed meetings must issue reports at least
annually, setting forth a summary of activities and such related matters
as would be informative to the public consistent with the policy of 5
U.S.C. 552(b).
(d) Advisory committee reports. Subject to 5 U.S.C. 552, 8 copies of
each report made by an advisory committee, including any report of
closed or partially-closed meetings as specified in paragraph (c) of
this section and, where appropriate, background papers prepared by
experts or consultants, must be filed with the Library of Congress as
required by section 13 of the Act for public inspection and use at the
location specified Sec. 102-3.70(a)(3).
(e) Advisory committee records. Official records generated by or for
an advisory committee must be retained for the duration of the advisory
committee. Upon termination of the advisory committee, the records must
be processed in accordance with the Federal Records Act (FRA), 44 U.S.C.
Chapters 21, 29-33, and regulations issued by the National Archives and
Records Administration (NARA) (see 36 CFR parts 1220, 1222, 1228, and
1234), or in accordance with the Presidential Records Act (PRA), 44
U.S.C. Chapter 22.
Appendix A to Subpart D of Part 102-3--Key Points and Principles
This appendix provides additional guidance in the form of answers to
frequently asked questions and identifies key points and principles that
may be applied to situations not covered elsewhere in this subpart. The
guidance follows:
[[Page 35]]
Appendix A to Subpart D
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Key points and principles Section(s) Question(s) Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
I. With some exceptions, 102-3.140, 102-3.145(a), 102-3.155.......... 1. Must all advisory committee and A. No. Advisory committee
advisory committee meetings are subcommittee meetings be open to the meetings may be closed when
open to the public. public? appropriate, in accordance with
the exemption(s) for closure
contained in the Government in
the Sunshine Act, 5 U.S.C.
552b(c). (i) Subcommittees that
report to a parent advisory
committee, and not directly to a
Federal officer or agency, are
not required to open their
meetings to the public or comply
with the procedures in the Act
for announcing meetings. (ii)
However, agencies are cautioned
to avoid excluding the public
from attending any meeting where
a subcommittee develops advice
or recommendations that are not
expected to be reviewed and
considered by the parent
advisory committee before being
submitted to a Federal officer
or agency. These exclusions may
run counter to the provisions of
the Act requiring
contemporaneous access to the
advisory committee deliberative
process.
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II. Notices must be published in 102-3.150................................... 1. Can agencies publish a single A. Yes, agencies may publish a
the Federal Register announcing Federal Register notice announcing single notice announcing
advisory committee meetings. multiple advisory committee multiple meetings so long as
meetings? these notices contain all of the
information required by Sec.
102-3.150. (i) ``Blanket
notices'' should not announce
meetings so far in advance as to
prevent the public from
adequately being informed of an
advisory committee's schedule.
(ii) An agency's Office of
General Counsel should be
consulted where these notices
include meetings that are either
closed or partially closed to
the public.
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III. Although certain advisory 102-3.170................................... 1. May an agency require the use of A. No. Section 10(b) of FACA
committee records may be its internal FOIA procedures for provides that: Subject to
withheld under the Freedom of access to advisory committee records section 552 of title 5, United
Information Act (FOIA), as that are not exempt from release States Code, the records,
amended, 5 U.S.C. 552, agencies under FOIA? reports, transcripts, minutes,
may not require the use of FOIA appendixes, working papers,
procedures for records drafts, studies, agenda, or
available under section 10(b) other documents which were made
of FACA. available to or prepared for or
by each advisory committee shall
be available for public
inspection and copying at a
single location in the offices
of the advisory committee or the
agency to which the advisory
committee reports until the
advisory committee ceases to
exist.
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[[Page 36]]
..................................... (i) The purpose of section 10(b)
of the Act is to provide for the
contemporaneous availability of
advisory committee records that,
when taken in conjunction with
the ability to attend advisory
committee meetings, provide a
meaningful opportunity to
comprehend fully the work
undertaken by the advisory
committee. (ii) Although
advisory committee records may
be withheld under the provisions
of FOIA if there is a reasonable
expectation that the records
sought fall within the
exemptions contained in section
552(b) of FOIA, agencies may not
require members of the public or
other interested parties to file
requests for non-exempt advisory
committee records under the
request and review process
established by section 552(a)(3)
of FOIA. (iii) Records covered
by the exemptions set forth in
section 552(b) of FOIA may be
withheld. An opinion of the
Office of Legal Counsel (OLC),
U.S. Department of Justice
concludes that: FACA requires
disclosure of written advisory
committee documents, including
predecisional materials such as
drafts, working papers, and
studies. The disclosure
exemption available to agencies
under exemption 5 of FOIA for
predecisional documents and
other privileged materials is
narrowly limited in the context
of FACA to privileged ``inter-
agency or intra-agency''
documents prepared by an agency
and transmitted to an advisory
committee. The language of the
FACA statute and its legislative
history support this restrictive
application of exemption 5 to
requests for public access to
advisory committee documents.
Moreover, since an advisory
committee is not itself an
agency, this construction is
supported by the express
language of exemption 5 which
applies only to inter-agency or
intra-agency materials. (iv)
Agencies first should determine,
however, whether or not records
being sought by the public fall
within the scope of FACA in
general, and section 10(b) of
the Act in particular, prior to
applying the available
exemptions under FOIA. (See OLC
Opinion 12 Op. O.L.C. 73, dated
April 29, 1988, which is
available from the Committee
Management Secretariat (MC),
General Services Administration,
1800 F Street, NW., Washington,
DC 20405-0002.)
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[[Page 37]]
IV. Advisory committee records 102-175(e).................................. 1. How must advisory committee A. In order to ensure proper
must be managed in accordance records be treated and preserved? records management, the
with the Federal Records Act Committee Management Officer
(FRA), 44 U.S.C. Chapters 21, (CMO), Designated Federal
29-33, and regulations issued Officer (DFO), or other
by the National Archives and representative of the advisory
Records Administration (NARA) committee, in coordination with
(see 36 CFR parts 1220, 1222, the agency's Records Management
1228, and 1234), or the Officer, should clarify upon the
Presidential Records Act (PRA), establishment of the advisory
44 U.S.C. Chapter 22. committee whether its records
will be managed in accordance
with the FRA or the PRA.
B. Official records generated by
or for an advisory committee
must be retained for the
duration of the advisory
committee. Responsible agency
officials are encouraged to
contact their agency's Records
Management Officer or NARA as
soon as possible after the
establishment of the advisory
committee to receive guidance on
how to establish effective
records management practices.
Upon termination of the advisory
committee, the records must be
processed in accordance with the
FRA and regulations issued by
NARA, or in accordance with the
PRA.
C. The CMO, DFO, or other
representative of an advisory
committee governed by the FRA,
in coordination with the
agency's Records Management
Officer, must contact NARA in
sufficient time to review the
process for submitting any
necessary disposition schedules
of the advisory committee's
records upon termination. In
order to ensure the proper
disposition of the advisory
committee's records, disposition
schedules need to be submitted
to NARA no later than 6 months
before the termination of the
advisory committee.
D. For Presidential advisory
committees governed by the PRA,
the CMO, DFO, or other
representative of the advisory
committee should consult with
the White House Counsel on the
preservation of any records
subject to the PRA, and may also
confer with NARA officials.
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[[Page 38]]
Subpart E--How Does This Subpart Apply to Advice or Recommendations
Provided to Agencies by the National Academy of Sciences or the National
Academy of Public Administration?
Sec. 102-3.180 What does this subpart cover and how does it apply?
This subpart provides guidance to agencies on compliance with
section 15 of the Act. Section 15 establishes requirements that apply
only in connection with a funding or other written agreement involving
an agency's use of advice or recommendations provided to the agency by
the National Academy of Sciences (NAS) or the National Academy of Public
Administration (NAPA), if such advice or recommendations were developed
by use of a committee created by either academy. For purposes of this
subpart, NAS also includes the National Academy of Engineering, the
Institute of Medicine, and the National Research Council. Except with
respect to NAS committees that were the subject of judicial actions
filed before December 17, 1997, no part of the Act other than section 15
applies to any committee created by NAS or NAPA.
Sec. 102-3.185 What does this subpart require agencies to do?
(a) Section 15 requirements. An agency may not use any advice or
recommendation provided to an agency by the National Academy of Sciences
(NAS) or the National Academy of Public Administration (NAPA) under an
agreement between the agency and an academy, if such advice or
recommendation was developed by use of a committee created by either
academy, unless:
(1) The committee was not subject to any actual management or
control by an agency or officer of the Federal Government; and
(2) In the case of NAS, the academy certifies that it has complied
substantially with the requirements of section 15(b) of the Act; or
(3) In the case of NAPA, the academy certifies that it has complied
substantially with the requirements of sections 15(b) (1), (2), and (5)
of the Act.
(b) No agency management or control. Agencies must not manage or
control the specific procedures adopted by each academy to comply with
the requirements of section 15 of the Act that are applicable to that
academy. In addition, however, any committee created and used by an
academy in the development of any advice or recommendation to be
provided by the academy to an agency must be subject to both actual
management and control by that academy and not by the agency.
(c) Funding agreements. Agencies may enter into contracts, grants,
and cooperative agreements with NAS or NAPA that are consistent with the
requirements of this subpart to obtain advice or recommendations from
such academy. These funding agreements require, and agencies may rely
upon, a written certification by an authorized representative of the
academy provided to the agency upon delivery to the agency of each
report containing advice or recommendations required under the agreement
that:
(1) The academy has adopted policies and procedures that comply with
the applicable requirements of section 15 of the Act; and
(2) To the best of the authorized representative's knowledge and
belief, these policies and procedures substantially have been complied
with in performing the work required under the agreement.
Appendix A to Subpart E of Part 102-3--Key Points and Principles
This appendix provides additional guidance in the form of answers to
frequently asked questions and identifies key points and principles that
may be applied to situations not covered elsewhere in this subpart. The
guidance follows:
[[Page 39]]
Appendix A to Subpart E
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key points and principles Section(s) Question(s) Guidance
--------------------------------------------------------------------------------------------------------------------------------------------------------
I. Section 15 of the Act allows 102-3.185(a)................................ 1. May agencies rely upon an academy A. Yes. NAS and NAPA are
the National Academy of certification regarding compliance completely separate
Sciences (NAS) and the National with section 15 of the Act if organizations. Each is
Academy of Public different policies and procedures independently chartered by the
Administration (NAPA) to adopt are adopted by NAS and NAPA? Congress for different purposes,
separate procedures for and Congress has recognized that
complying with FACA. the two organizations are
structured and operate
differently. Agencies should
defer to the discretion of each
academy to adopt policies and
procedures that will enable it
to comply substantially with the
provisions of section 15 of the
Act that apply to that academy.
--------------------------------------------------------------------------------------------------------------------------------------------------------
II. Section 15 of the Act allows 102-3.185(c)................................ 1. Can an agency enter into a funding A. Yes, if the members of the
agencies to enter into funding agreement with an academy which committee are selected by the
agreements with NAS and NAPA provides for the preparation of one academy and if the committee's
without the academies' or more academy reports containing meetings, deliberations, and the
committees being ``managed'' or advice or recommendations to the preparation of reports are all
``controlled''. agency, to be developed by the controlled by the academy. Under
academy by use of a committee these circumstances, neither the
created by the academy, without existence of the funding
subjecting an academy to ``actual agreement nor the fact that it
management or control'' by the contemplates use by the academy
agency? of an academy committee would
constitute actual management or
control of the committee by the
agency.
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[[Page 40]]
PART 102-4--NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS
[RESERVED]
PART 102-5--HOME-TO-WORK TRANSPORTATION--Table of Contents
Subpart A--General
Sec.
102-5.5 Preamble.
102-5.10 What does this part cover?
102-5.15 Who is covered by this part?
102-5.20 Who is not covered by this part?
102-5.25 What additional guidance concerning home-to-work
transportation should Federal agencies issue?
102-5.30 What definitions apply to this part?
Subpart B--Authorizing Home-to-Work Transportation
102-5.35 Who is authorized home-to-work transportation?
102-5.40 May the agency head delegate the authority to make home-to-
work determinations?
102-5.45 Should determinations be completed before an employee is
provided with home-to-work transportation?
102-5.50 May determinations be made in advance for employees who
respond to unusual circumstances when they arise?
102-5.55 How do we prepare determinations?
102-5.60 How long are initial determinations effective?
102-5.65 What procedures apply when the need for home-to-work
transportation exceeds the initial period?
102-5.70 What considerations apply in making a determination to
authorize home-to-work transportation for field work?
102-5.75 What circumstances do not establish a basis for authorizing
home-to-work transportation for field work?
102-5.80 What are some examples of positions that may involve field
work?
102-5.85 What information should our determination for field work
include if positions are identified rather than named
individuals?
102-5.90 Should an agency consider whether to base a Government
passenger carrier at a Government facility near the employee's
home or work rather than authorize the employee home-to-work
transportation?
102-5.95 Is the comfort and/or convenience of an employee considered
sufficient justification to authorize home-to-work
transportation?
102-5.100 May we use home-to-work transportation for other than
official purposes?
102-5.105 May others accompany an employee using home-to-work
transportation?
Subpart C--Documenting and Reporting Determinations
102-5.110 Must we report our determinations outside of our agency?
102-5.115 When must we report our determinations?
102-5.120 What are our responsibilities for documenting use of home-
to-work transportation?
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); 31 U.S.C.
1344(e)(1).
Source: 65 FR 54966, Sept. 12, 2000, unless otherwise noted.
Subpart A--General
Sec. 102-5.5 Preamble.
(a) The questions and associated answers in this part are regulatory
in effect. Thus compliance with the written text of this part is
required by all to whom it applies.
(b) The terms ``we,'' ``I,'' ``our,'' ``you,'' and ``your,'' when
used in this part, mean you as a Federal agency, an agency head, or an
employee, as appropriate.
Sec. 102-5.10 What does this part cover?
This part covers the use of Government passenger carriers to
transport employees between their homes and places of work.
Sec. 102-5.15 Who is covered by this part?
This part covers Federal agency employees in the executive,
judicial, and legislative branches of the Government, with the exception
of employees of the Senate, House of Representatives, Architect of the
Capitol, and government of the District of Columbia.
Sec. 102-5.20 Who is not covered by this part?
This part does not cover:
(a) Employees who are on official travel (TDY); or
(b) Employees who are on permanent change of station (PCS) travel;
or
(c) Employees who are essential for the safe and efficient
performance of
[[Page 41]]
intelligence, counterintelligence, protective services, or criminal law
enforcement duties when designated in writing as such by their agency
head.
Sec. 102-5.25 What additional guidance concerning home-to-work transportation should Federal agencies issue?
Each Federal agency using Government passenger carriers to provide
home-to-work transportation for employees who are essential for the safe
and efficient performance of intelligence, counterintelligence,
protective services, or criminal law enforcement duties should issue
guidance concerning such use.
Sec. 102-5.30 What definitions apply to this part?
The following definitions apply to this part:
Agency head means the highest official of a Federal agency.
Clear and present danger means highly unusual circumstances that
present a threat to the physical safety of the employee or their
property when the danger is:
(1) Real; and
(2) Immediate or imminent, not merely potential; and
(3) The use of a Government passenger carrier would provide
protection not otherwise available.
Compelling operational considerations means those circumstances
where home-to-work transportation is essential to the conduct of
official business or would substantially increase a Federal agency's
efficiency and economy.
Emergency means circumstances that exist whenever there is an
immediate, unforeseeable, temporary need to provide home-to-work
transportation for those employees necessary to the uninterrupted
performance of the agency's mission. (An emergency may occur where there
is a major disruption of available means of transportation to or from a
work site, an essential Government service must be provided, and there
is no other way to transport those employees.)
Employee means a Federal officer or employee of a Federal agency,
including an officer or enlisted member of the Armed Forces.
Federal agency means:
(1) A department (as defined in section 18 of the Act of August 2,
1946 (41 U.S.C. 5a));
(2) An executive department (as defined in 5 U.S.C. 101);
(3) A military department (as defined in 5 U.S.C. 102);
(4) A Government corporation (as defined in 5 U.S.C. 103(1));
(5) A Government controlled corporation (as defined in 5 U.S.C.
103(2));
(6) A mixed-ownership Government corporation (as defined in 31
U.S.C. 9101(2));
(7) Any establishment in the executive branch of the Government
(including the Executive Office of the President);
(8) Any independent regulatory agency (including an independent
regulatory agency specified in 44 U.S.C. 3502(10));
(9) The Smithsonian Institution;
(10) Any nonappropriated fund instrumentality of the United States;
and
(11) The United States Postal Service.
Field work means official work requiring the employee's presence at
various locations other than his/her regular place of work. (Multiple
stops (itinerant-type travel) within the accepted local commuting area,
limited use beyond the local commuting area, or transportation to remote
locations that are only accessible by Government-provided transportation
are examples of field work.)
Home means the primary place where an employee resides and from
which the employee commutes to his/her place of work.
Home-to-work transportation means the use of a Government passenger
carrier to transport an employee between his/her home and place of work.
Passenger carrier means a motor vehicle, aircraft, boat, ship, or
other similar means of transportation that is owned (including those
that have come into the possession of the Government by forfeiture or
donation), leased, or rented (non-TDY) by the United States Government.
Work means any place within the accepted commuting area, as
determined by the Federal agency for the locality involved, where an
employee performs his/her official duties.
[[Page 42]]
Subpart B--Authorizing Home-to-Work Transportation
Sec. 102-5.35 Who is authorized home-to-work transportation?
By statute, certain Federal officials are authorized home-to-work
transportation, as are employees who meet certain statutory criteria as
determined by their agency head. The Federal officials authorized by
statute are the President, the Vice-President, and other principal
Federal officials and their designees, as provided in 31 U.S.C.
1344(b)(1) through (b)(7). Those employees engaged in field work, or
faced with a clear and present danger, an emergency, or a compelling
operational consideration may be authorized home-to-work transportation
as determined by their agency head. No other employees are authorized
home-to-work transportation.
Sec. 102-5.40 May the agency head delegate the authority to make home-to-work determinations?
No, the agency head may not delegate the authority to make home-to-
work determinations.
Sec. 102-5.45 Should determinations be completed before an employee is provided with home-to-work transportation?
Yes, determinations should be completed before an employee is
provided with home-to-work transportation unless it is impracticable to
do so.
Sec. 102-5.50 May determinations be made in advance for employees who respond to unusual circumstances when they arise?
Yes, determinations may be made in advance when the Federal agency
wants to have employees ready to respond to:
(a) A clear and present danger;
(b) An emergency; or
(c) A compelling operational consideration.
Note to Sec. 102-5.50: Implementation of these determinations is
contingent upon one of the three circumstances occurring. Thus, these
may be referred to as ``contingency determinations.''
Sec. 102-5.55 How do we prepare determinations?
Determinations must be in writing and include the:
(a) Name and title of the employee (or other identification, if
confidential);
(b) Reason for authorizing home-to-work transportation; and
(c) Anticipated duration of the authorization.
Sec. 102-5.60 How long are initial determinations effective?
Initial determinations are effective for no longer than:
(a) Two years for field work, updated as necessary; and
(b) Fifteen days for other circumstances.
Sec. 102-5.65 What procedures apply when the need for home-to-work transportation exceeds the initial period?
The agency head may approve unlimited subsequent determinations,
when the need for home-to-work transportation exceeds the initial
period, for no longer than:
(a) Two years each for field work, updated as necessary; and
(b) Ninety calendar days each for other circumstances.
Sec. 102-5.70 What considerations apply in making a determination to authorize home-to-work transportation for field work?
Agencies should consider the following when making a determination
to authorize home-to-work transportation for field work:
(a) The location of the employee's home in proximity to his/her work
and to the locations where non-TDY travel is required; and
(b) The use of home-to-work transportation for field work should be
authorized only to the extent that such transportation will
substantially increase the efficiency and economy of the Government.
[[Page 43]]
Sec. 102-5.75 What circumstances do not establish a basis for authorizing home-to-work transportation for field work?
The following circumstances do not establish a basis for authorizing
home-to-work transportation for field work:
(a) When an employee assigned to field work is not actually
performing field work.
(b) When the employee's workday begins at his/her work; or
(c) When the employee normally commutes to a fixed location, however
far removed from his/her official duty station (for example, auditors or
investigators assigned to a defense contractor plant).
Note to Sec. 102-5.75: For instances where an employee is authorized
home-to-work transportation under the field work provision, but performs
field work only on an intermittent basis, the agency shall establish
procedures to ensure that a Government passenger carrier is used only
when field work is actually being performed. Although some employees'
daily work station is not located in a Government office, these
employees are not performing field work. Like all Government employees,
employees working in a ``field office'' are responsible for their own
commuting costs.
Sec. 102-5.80 What are some examples of positions that may involve field work?
Examples of positions that may involve field work include, but are
not limited to:
(a) Quality assurance inspectors;
(b) Construction inspectors;
(c) Dairy inspectors;
(d) Mine inspectors;
(e) Meat inspectors; and
(f) Medical officers on outpatient service.
Note to Sec. 102-5.80: The assignment of an employee to such a
position does not, of itself, entitle an employee to receive daily home-
to-work transportation.
Sec. 102-5.85 What information should our determination for field work include if positions are identified rather than named individuals?
If positions are identified rather than named individuals, your
determination for field work should include sufficient information to
satisfy an audit, if necessary. This information should include the job
title, number, and operational level where the work is to be performed
(e.g., five recruiter personnel or, positions at the Detroit Army
Recruiting Battalion).
Note to Sec. 102-5.85: An agency head may elect to designate
positions rather than individual names, especially in positions where
rapid turnover occurs.
Sec. 102-5.90 Should an agency consider whether to base a Government passenger carrier at a Government facility near the employee's home or work rather than
authorize the employee home-to-work transportation?
Yes, situations may arise where, for cost or other reasons, it is in
the Government's interest to base a Government passenger carrier at a
Government facility located near the employee's home or work rather than
authorize the employee home-to-work transportation.
Sec. 102-5.95 Is the comfort and/or convenience of an employee considered sufficient justification to authorize home-to-work transportation?
No, the comfort and/or convenience of an employee is not considered
sufficient justification to authorize home-to-work transportation.
Sec. 102-5.100 May we use home-to-work transportation for other than official purposes?
No, you may not use home-to-work transportation for other than
official purposes. However, if your agency has prescribed rules for the
incidental use of Government vehicles (as provided in 31 U.S.C. note),
you may use the vehicle in accordance with those rules in connection
with an existing home-to-work authorization.
Sec. 102-5.105 May others accompany an employee using home-to-work transportation?
Yes, an employee authorized home-to-work transportation may share
space in a Government passenger carrier with other individuals, provided
that the passenger carrier does not travel additional distances as a
result and such sharing is consistent with his/her Federal agency's
policy. When a Federal agency establishes its space
[[Page 44]]
sharing policy, the Federal agency should consider its potential
liability for and to those individuals. Home-to-work transportation does
not extend to the employee's spouse, other relatives, or friends unless
they travel with the employee from the same point of departure to the
same destination, and this use is consistent with the Federal agency's
policy.
Subpart C--Documenting and Reporting Determinations
Sec. 102-5.110 Must we report our determinations outside of our agency?
Yes, you must submit your determinations to the following
Congressional Committees:
(a) Chairman, Committee on Governmental Affairs, United States
Senate, Suite SD-340, Dirksen Senate Office Building, Washington, DC
20510-6250; and
(b) Chairman, Committee on Governmental Reform, United States House
of Representatives, Suite 2157, Rayburn House Office Building,
Washington, DC 20515-6143.
Sec. 102-5.115 When must we report our determinations?
You must report your determinations to Congress no later than 60
calendar days after approval. You may consolidate any subsequent
determinations into a single report and submit them quarterly.
Sec. 102-5.120 What are our responsibilities for documenting use of home-to-work transportation?
Your responsibilities for documenting use of home-to-work
transportation are that you must maintain logs or other records
necessary to verify that any home-to-work transportation was for
official purposes. Each agency may decide the organizational level at
which the logs should be maintained and kept. The logs or other records
should be easily accessible for audit and should contain:
(a) Name and title of employee (or other identification, if
confidential) using the passenger carrier;
(b) Name and title of person authorizing use;
(c) Passenger carrier identification;
(d) Date(s) home-to-work transportation is authorized;
(e) Location of residence;
(f) Duration; and
(g) Circumstances requiring home-to-work transportation.
PARTS 102-6--102-30 [RESERVED]
[[Page 45]]
SUBCHAPTER B--PERSONAL PROPERTY
PART 102-31--GENERAL [RESERVED]
PART 102-32--MANAGEMENT OF PERSONAL PROPERTY [RESERVED]
PART 102-33--MANAGEMENT OF AIRCRAFT [RESERVED]
PART 102-34--MOTOR VEHICLE MANAGEMENT--Table of Contents
Sec.
102-34.5 Preamble.
102-34.10 What definitions apply to motor vehicle management?
102-34.15 What motor vehicles are not covered by this part?
102-34.20 What types of motor vehicle fleets are there?
102-34.25 What sources of supply are available for obtaining motor
vehicles?
Subpart A--Obtaining Fuel Efficient Motor Vehicles
102-34.30 Who must comply with motor vehicle fuel efficiency
requirements?
102-34.35 What are the procedures for purchasing and leasing motor
vehicles?
102-34.40 How are passenger automobiles classified?
102-34.45 What size motor vehicles may we purchase and lease?
102-34.50 What are fleet average fuel economy standards?
102-34.55 What are the minimum fleet average fuel economy standards?
102-34.60 How do we calculate the average fuel economy for our fleet?
102-34.65 How may we request an exemption from the fuel economy
standards?
102-34.70 How does GSA monitor the fuel economy of purchased and leased
motor vehicles?
102-34.75 How must we report fuel economy data for passenger
automobiles and light trucks we purchase or commercially
lease?
102-34.80 Do we report fuel economy data for passenger automobiles and
light trucks purchased for our agency by the GSA Automotive
Division?
102.-34.85 Do we have to submit a negative report if we don't purchase
or lease any motor vehicles in a fiscal year?
102-34.90 Are any motor vehicles exempted from these reporting
requirements?
102-34.95 Does fleet average fuel economy reporting affect our
acquisition plan?
102-34.100 Where may we obtain help with our motor vehicle acquisition
plan?
Subpart B--Identifying and Registering Motor Vehicles
Motor Vehicle Identification
102-34.105 What motor vehicles require motor vehicle identification?
102-34.110 What motor vehicle identification must we put on motor
vehicles we purchase or lease?
102-34.115 What motor vehicle identification must the Department of
Defense (DOD) put on motor vehicles it purchases or leases?
102-34.120 Where is motor vehicle identification placed on purchased
and leased motor vehicles?
102-34.125 Before we sell a motor vehicle, what motor vehicle
identification or markings must we remove?
License Plates
102-34.130 Must our motor vehicles use Government license plates?
102-34.135 Do we need to register motor vehicles owned or leased by the
Government?
102-34.140 Where may we obtain U.S. Government license plates?
102-34.145 How do we display license plates on motor vehicles?
102-34.150 What do we do about a lost or stolen license plate?
102-34.155 What records do we need to keep on U.S. Government license
plates?
102-34.160 How are U.S. Government license plates coded and numbered?
102-34.165 How can we get a new license plate code designation?
102-34.170 Are there special licensing procedures for motor vehicles
operating in the District of Columbia (DC)?
Identification Exemptions
102-34.175 What types of exemptions are there?
102-34.180 May we have a limited exemption from displaying U.S.
Government license plates and other motor vehicle
identification?
102-34.185 What information must the certification contain?
102-34.190 For how long is a limited exemption valid?
102-34.195 What agencies have an unlimited exemption from displaying
U.S. Government license plates and motor vehicle
identification?
[[Page 46]]
102-34.200 What agencies have a special exemption from displaying U.S.
Government license plates and motor vehicle identification?
102-34.205 What license plates and motor vehicle identification do we
use on motor vehicles that are exempt from motor vehicle
identification and U.S. Government license plates?
102-34.210 What special requirements apply to exempted motor vehicles
operating in the District of Columbia?
102-34.215 Can GSA ask for a listing of exempted motor vehicles?
Subpart C--Official Use of Government Motor Vehicles
102-34.220 What is official use of a motor vehicle owned or leased by
the Government?
102-34.225 May I use a motor vehicle owned or leased by the Government
for transportation between my residence and place of
employment?
102-34.230 May Government contractors use motor vehicles owned or
leased by the Government?
102-34.235 What does GSA do if it learns of unofficial use of a motor
vehicle owned or leased by the Government?
102-34.240 How are Federal employees disciplined for misuse of motor
vehicles owned or leased by the Government?
102-34.245 How am I responsible for protecting motor vehicles?
102-34.250 Am I bound by State and local traffic laws?
102-34.255 Who pays for parking fees and fines?
102-34.260 Do Federal employees in motor vehicles owned or leased by
the Government have to use safety belts?
Subpart D--Replacement of Motor Vehicles
102-34.265 What are motor vehicle replacement standards?
102-34.270 May we replace a Government-owned motor vehicle sooner?
102-34.275 May we keep a Government-owned motor vehicle even though the
standard permits replacement?
102-34.280 How long must we keep a Government-owned motor vehicle?
Subpart E--Scheduled Maintenance of Motor Vehicles
102-34.285 What kind of maintenance programs must we have?
102-34.290 Must our motor vehicles pass State inspections?
102-34.295 Where can we obtain help in setting up a maintenance
program?
Subpart F--Motor Vehicle Accident Reporting
102-34.300 What forms do I use to report an accident involving a motor
vehicle owned or leased by the Government?
102-34.305 To whom do we send accident reports?
Subpart G--Disposal of Motor Vehicles
102-34.310 How do we dispose of a motor vehicle in any State,
Commonwealth, territory or possession of the United States, or
the District of Columbia?
102-34.315 What forms do we use to transfer ownership when selling a
motor vehicle?
102-34.320 How do we distribute the completed Standard Form 97?
Subpart H--Motor Vehicle Fueling
102-34.325 How do we obtain fuel for motor vehicles?
102-34.330 What Government-issued charge cards may I use to purchase
fuel and motor vehicle related services?
102-34.335 What type of fuel do I use in motor vehicles?
102-34.340 Do I have to use self-service fuel pumps?
Subpart I--Federal Motor Vehicle Fleet Report
102-34.345 What is the Federal Motor Vehicle Fleet Report?
102-34.350 What records do we need to keep?
102-34.355 When and how do we report motor vehicle data?
Subpart J--Forms
102-34.360 How do we obtain the forms prescribed in this part?
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 64 FR 59593, Nov. 2, 1999, unless otherwise noted.
Sec. 102-34.5 Preamble.
(a) This part governs the economical and efficient management and
control of motor vehicles that the Government owns or leases. Agencies
will incorporate appropriate provisions of this part into contracts
offering Government-furnished equipment in order to ensure adequate
control over the use of motor vehicles.
(b) The questions and associated answers in this part are regulatory
in effect. Thus compliance with the written text of this part is
required by all executive agencies.
[[Page 47]]
(c) The terms ``we,'' ``I,'' ``our,'' ``you,'' and ``your,'' when
used in this part, mean you as an executive agency, as your agency's
fleet manager, or as a motor vehicle user or operator, as appropriate.
Sec. 102-34.10 What definitions apply to motor vehicle management?
The following definitions apply to motor vehicle management:
Commercial design motor vehicle means a motor vehicle procurable
from regular production lines and designed for use by the general
public.
Domestic fleet (see Sec. 102-34.20(a)).
Foreign fleet (see Sec. 102-34.20(b)).
GSA Fleet lease (see Sec. 102-34.25(d)).
Large fleet (see Sec. 102-34.20(d)).
Law enforcement motor vehicle means a passenger automobile or light
truck that is specifically approved in an agency's appropriation act for
use in apprehension, surveillance, police or other law enforcement work
or specifically designed for use in law enforcement. If not identified
in an agency's appropriation language, a motor vehicle qualifies as a
law enforcement motor vehicle only in the following cases:
(1) A passenger automobile having heavy duty components for
electrical, cooling and suspension systems and at least the next higher
cubic inch displacement or more powerful engine than is standard for the
automobile concerned.
(2) A light truck having emergency warning lights and identified
with markings such as ``police.''
(3) An unmarked motor vehicle certified by the agency head as
essential for the safe and efficient performance of intelligence,
counterintelligence, protective, or other law enforcement duties.
(4) A motor vehicle seized by a Federal agency that is subsequently
used for the purpose of performing law enforcement activities.
Light duty motor vehicle means any motor vehicle with a gross motor
vehicle weight rating (GVWR) of 8,500 pounds or less.
Light truck means a motor vehicle on a truck chassis with a gross
motor vehicle weight rating (GVWR) of 8,500 pounds or less.
Military design motor vehicle means a motor vehicle (excluding
general-purpose motor vehicles) designed according to military
specifications to support directly combat or tactical operations or
training for such operations.
Motor vehicle means any vehicle, self-propelled or drawn by
mechanical power, designed and operated principally for highway
transportation of property or passengers, but does not include a
military design motor vehicle or vehicles not covered by this part (see
Sec. 102-34.15).
Motor vehicle identification (also referred to as ``motor vehicle
markings'') means the legends ``For Official Use Only'' and ``U.S.
Government'' placed on a motor vehicle plus other legends showing the
full name of the department, agency, establishment, corporation, or
service by which the motor vehicle is used. This identification is
usually a decal placed in the rear window or on the side of the motor
vehicle.
Motor vehicle lease (see Sec. 102-34.25(b)).
Motor vehicle markings (see ``Motor vehicle identification'' in this
section).
Motor vehicle purchase (see Sec. 102-34.25(a)).
Motor vehicle rental (see Sec. 102-34.25(c)).
Motor vehicles transferred from excess (see Sec. 102-34.25(e)).
Owning agency means the executive agency that holds the vehicle
title, manufacturer's Certificate of Origin, or is the lessee of a motor
vehicle lease. This term does not apply to agencies that lease motor
vehicles from the GSA Fleet.
Passenger automobile means a sedan or station wagon designed
primarily to transport people.
Reportable motor vehicles are vehicles which are reported to GSA as
outlined in Subpart I of this part:
(1) Included are sedans, station wagons, buses, ambulances, vans,
utility motor vehicles, trucks and truck tractors, regardless of fuel
type.
(2) Excluded are fire trucks, motorcycles, military-design motor
vehicles, semi-trailers, trailers and other trailing equipment such as
pole trailers, dollies, cable reels, trailer coaches and bogies, and
trucks with permanently mounted equipment such as generators and air
compressors.
Small fleet (see Sec. 102-34.20(c)).
[[Page 48]]
Using agency means a Federal agency that obtains motor vehicles from
the GSA Fleet, commercial firms or another Federal agency and does not
hold the vehicle title or manufacturer's Certificate of Origin. However,
this does not include a Federal agency that obtains a motor vehicle by
motor vehicle rental.
Sec. 102-34.15 What motor vehicles are not covered by this part?
Motor vehicles not covered are:
(a) Designed or used for military field training, combat, or
tactical purposes;
(b) Used principally within the confines of a regularly established
military post, camp, or depot; or
(c) Used by an agency in the performance of investigative, law
enforcement, or intelligence duties if the head of such agency
determines that exclusive control of such vehicle is essential to the
effective performance of such duties, although such vehicles are subject
to subpart C and subpart I of this part.
Sec. 102-34.20 What types of motor vehicle fleets are there?
The types of motor vehicle fleets are:
(a) Domestic fleet means all reportable agency-owned motor vehicles
operated in any State, Commonwealth, territory or possession of the
United States, and the District of Columbia.
(b) Foreign fleet means all reportable agency-owned motor vehicles
operated in areas outside any State, Commonwealth, territory or
possession of the United States, and the District of Columbia.
(c) Small fleet means a fleet of fewer than 2,000 reportable agency-
owned motor vehicles, worldwide.
(d) Large fleet means a fleet of 2,000 or more reportable agency-
owned motor vehicles, worldwide.
Sec. 102-34.25 What sources of supply are available for obtaining motor vehicles?
The following sources of supply are available:
(a) Motor vehicle purchase means buying a motor vehicle from a
commercial source, usually a motor vehicle manufacturer or a motor
vehicle manufacturer's dealership.
(b) Motor vehicle lease means obtaining a motor vehicle by contract
or other arrangement from a commercial source for 60 continuous days or
more.
(c) Motor vehicle rental means obtaining a motor vehicle by contract
or other arrangement from a commercial source for less than 60
continuous days.
(d) GSA Fleet lease means obtaining a motor vehicle from the General
Services Administration (GSA Fleet). Where ``lease'' is used alone
within this part, it refers to ``motor vehicle lease'' in paragraph (b)
of this section and not GSA Fleet lease.
(e) Motor vehicles transferred from excess means obtaining a motor
vehicle reported as excess and transferred with or without cost.
Subpart A--Obtaining Fuel Efficient Motor Vehicles
Sec. 102-34.30 Who must comply with motor vehicle fuel efficiency requirements?
Executive agencies located in any State, Commonwealth, territory or
possession of the United States, and the District of Columbia which
operate motor vehicles owned or leased by the Government in the conduct
of official business. This subpart does not apply to motor vehicles
exempted by law or other regulations, such as law enforcement and motor
vehicles in foreign areas. Other Federal agencies are encouraged to
comply so that maximum energy conservation benefits may be realized in
obtaining, operating, and managing motor vehicles owned or leased by the
Government.
Sec. 102-34.35 What are the procedures for purchasing and leasing motor vehicles?
Procedures for purchasing and leasing motor vehicles can be found in
subpart 101-26.5 of this title.
Sec. 102-34.40 How are passenger automobiles classified?
Passenger automobiles are classified in the following table:
------------------------------------------------------------------------
Station wagon
Sedan class class Descriptive name
------------------------------------------------------------------------
I................................. I Subcompact.
II................................ II Compact.
[[Page 49]]
III............................... III Midsize
IV................................ IV Large.
V................................. .............. Limousine.
------------------------------------------------------------------------
Sec. 102-34.45 What size motor vehicles may we purchase and lease?
(a) You must select motor vehicles to achieve maximum fuel
efficiency.
(b) Limit motor vehicle body size, engine size and optional
equipment to what is essential to meet your agency's mission.
(c) With the exception of motor vehicles used by the President and
Vice President and motor vehicles for security and highly essential
needs, you must purchase and lease midsize (class III) or smaller
sedans.
(d) Purchase and lease large (class IV) sedans only when such motor
vehicles are essential to your agency's mission.
Sec. 102-34.50 What are fleet average fuel economy standards?
(a) The minimum miles per gallon that a fleet of motor vehicles
purchased or leased by an executive agency must obtain. The need to meet
these standards is set forth in 49 U.S.C. 32917, Standards for Executive
Agency Automobiles, and Executive Order 12375, Motor Vehicles. These
standards have two categories:
(1) Average fuel economy standard for all passenger automobiles.
(2) Average fuel economy standard for light trucks.
(b) These standards do not apply to passenger automobiles and light
trucks designed to perform combat-related missions for the U.S. Armed
Forces or motor vehicles designed for use in law enforcement or
emergency rescue work.
Sec. 102-34.55 What are the minimum fleet average fuel economy standards?
The minimum fleet average fuel economy standards appear in the
following table:
Fleet Average Fuel Economy Standards \a\
------------------------------------------------------------------------
Passsenger Light
Fiscal year automobile \1\ truck \2\
------------------------------------------------------------------------
1995......................................... 27.5 20.6 \3\
1996......................................... 27.5 20.7 \3\
1997......................................... 27.5 20.7 \3\
1998......................................... 27.5 20.7 \3\
1999......................................... 27.5 20.7 \3\
2000 & beyond................................ 27.5 (\4\)
------------------------------------------------------------------------
\a\ These figures represent miles/gallon.
\1\ Established by section 49 U.S.C. 32902 and the Secretary of
Transportation.
\2\ Fleet average fuel economy standard set by the Secretary of
Transportation and mandated by Executive Order 12375 beginning in
fiscal year 1982.
\3\ Fleet average fuel economy for light trucks is the combined fleet
average fuel economy for all 4 x 2 and 4 x 4 light trucks.
\4\ Requirements not yet set by the Secretary of Transportation.
Sec. 102-34.60 How do we calculate the average fuel economy for our fleet?
(a) Due to the variety of motor vehicle configurations, you must
take an average of all motor vehicles, by category (passenger
automobiles or light truck) purchased and leased by your agency during
the fiscal year. This calculation is the sum of passenger automobiles or
light trucks that your executive agency purchases or leases from
commercial sources divided by the sum of the fractions representing the
number of motor vehicles of each category by model divided by the
unadjusted city/highway mile-per-gallon ratings for that model,
developed by the Environmental Protection Agency (EPA) for each fiscal
year. The EPA mile-per-gallon rating for each motor vehicle make, model,
and model year may be obtained from the: General Services
Administration, Attn: FFA, Washington, DC 20406.
(b) An example follows:
Light trucks: i. 600 light trucks acquired in a specific year. These
are broken down into:
A. 200 Six cylinder automatic transmission pick-up trucks, EPA
rating: 24.3 mpg, plus
B. 150 Six cylinder automatic transmission mini-vans, EPA rating
24.8 mpg, plus
C. 150 Eight cylinder automatic transmission pick-up trucks, EPA
rating: 20.4 mpg, plus
D. 100 Eight cylinder automatic transmission cargo vans, EPA rating:
22.2 mpg.
[[Page 50]]
[GRAPHIC] [TIFF OMITTED] TR02NO99.009
ii. Fleet average fuel economy for light trucks in this case is 23.0
mpg.
Sec. 102-34.65 How may we request an exemption from the fuel economy standards?
(a) You must submit your reasons for the exemption in a written
request to the: Administrator of General Services, ATTN: MTV,
Washington, DC 20405.
(b) GSA will review the request and advise you of the determination
within 30 days of receipt. Passenger automobiles and light trucks
exempted under the provisions of this section must not be included in
calculating your fleet average fuel economy.
Sec. 102-34.70 How does GSA monitor the fuel economy of purchased and leased motor vehicles?
(a) Executive agencies report to GSA their leases and purchases of
passenger automobiles and light trucks. GSA keeps a master record of the
miles per gallon for passenger automobiles and light trucks acquired by
each agency during the fiscal year. GSA verifies that each agency's
passenger automobile and light truck leases and purchases achieve the
fleet average fuel economy for the applicable fiscal year, as required
by Executive Order 12375.
(b) The GSA Federal Vehicle Policy Division (MTV) issues information
about the EPA miles-per-gallon ratings to executive agencies at the
beginning of each fiscal year to help agencies with their acquisition
plans.
Sec. 102-34.75 How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?
(a) You must send copies or synopses of motor vehicle leases and
purchases to GSA. Use the unadjusted combined city/highway mile-per-
gallon ratings for passenger automobiles and light trucks developed each
fiscal year by the Environmental Protection Agency (EPA). All
submissions for a fiscal year must reach GSA by December 1 of the next
fiscal year. Submit the information as soon as possible after the
purchase or effective date of each lease to the: General Services
Administration, ATTN: MTV, Washington, DC 20405. Email:
[email protected].
(b) Include in your submission to GSA motor vehicles purchased or
leased by your agency for use in any State, Commonwealth, territory or
possession of the United States, and the District of Columbia.
(c) Your submission to GSA must include:
(1) Number of passenger automobiles and light trucks, by category.
(2) Year.
(3) Make.
(4) Model.
(5) Transmission type (if manual, number of forward speeds).
(6) Cubic inch displacement of engine.
(7) Fuel type (i.e., gasoline, diesel, or type of alternative fuel).
(8) Monthly lease cost, if applicable.
Note to Sec. 102-34.75: Do not include passenger automobile and
light truck lease renewal options as new acquisition motor vehicle
leases. Do not report passenger automobiles and light trucks exempted
from fleet
[[Page 51]]
average fuel economy standards (see Sec. 102-34.50(b) and Sec. 102-
34.65).
Sec. 102-34.80 Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?
No. The GSA Automotive Division provides information for passenger
automobiles and light trucks it purchases for agencies.
Sec. 102-34.85 Do we have to submit a negative report if we don't purchase or lease any motor vehicles in a fiscal year?
Yes, you must submit a negative report if you don't purchase or
lease any motor vehicles in a fiscal year.
Sec. 102-34.90 Are any motor vehicles exempted from these reporting requirements?
Yes. You do not need to report passenger automobiles and light
trucks that are:
(a) Purchased or leased for use outside any State, Commonwealth,
territory or possession of the United States, or the District of
Columbia.
(b) Designed to perform combat-related missions for the U.S. Armed
Forces.
(c) Designed for use in law enforcement or emergency rescue work.
Sec. 102-34.95 Does fleet average fuel economy reporting affect our acquisition plan?
It may. If previous motor vehicle purchases and leases have caused
your fleet to fail to meet the required fuel economy by the end of the
fiscal year, GSA may encourage you to adjust future requests to meet
fuel economy requirements.
Sec. 102-34.100 Where may we obtain help with our motor vehicle acquisition plans?
For help with your motor vehicle acquisition plan, contact the:
General Services Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Subpart B--Identifying and Registering Motor Vehicles
Motor Vehicle Identification
Sec. 102-34.105 What motor vehicles require motor vehicle identification?
All motor vehicles owned or leased by the Government must display
motor vehicle identification unless exempted under Sec. 102-34.180,
Sec. 102-34.195, or Sec. 102-34.200.
Sec. 102-34.110 What motor vehicle identification must we put on motor vehicles we purchase or lease?
(a) For motor vehicles with rear windows, display:
(1) ``For Official Use Only,'' in letters \1/2\ to \3/4\ inch high.
(2) ``U.S. Government'' in letters \3/4\ to 1 inch high; and
(3) The full name of the department, agency, establishment,
corporation, or service owning or leasing the motor vehicle (in letters
1 to 1\1/2\ inch high), or in the alternative, a title that describes
the activity in which it is operated (if the title readily identifies
the department, agency, establishment, corporation, or service
concerned).
(b) For other than motor vehicle rear windows, display the motor
vehicle identification in paragraphs (a)(1) through (3) of this section,
but:
(1) Use letters 1 to 1\1/2\ inches high in colors contrasting to the
motor vehicle.
(2) If you use subsidiary words or titles of subordinate units, use
letters \1/2\ inch to \3/4\ inch high.
(c) The preferred material is a decal of elastomeric pigmented film
type for ease of application and removal.
Note to Sec. 102-34.110: Each agency or activity is responsible for
acquiring its own decals. Replace this motor vehicle identification when
necessary due to damage or wear.
Sec. 102-34.115 What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?
The following must appear on DOD purchased or leased motor vehicles:
(a) ``For Official Use Only;''
(b) An appropriate title for the DOD component; and
[[Page 52]]
(c) The DOD code and registration number assigned by the DOD
component accountable for the motor vehicle.
Sec. 102-34.120 Where is motor vehicle identification placed on purchased and leased motor vehicles?
(a) On most motor vehicles. On the left side of the rear window,
1\1/2\ inches or less from the bottom of the window.
(b) On motor vehicles without rear windows or where identification
on the rear window would not be easily seen. Centered on both front
doors or in any appropriate position on each side of the motor vehicle.
(c) On trailers. Centered on both sides of the front quarter of the
trailer in a conspicuous location.
Sec. 102-34.125 Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?
You must remove all motor vehicle identification before you transfer
the title or deliver the motor vehicle.
License Plates
Sec. 102-34.130 Must our motor vehicles use Government license plates?
Yes you must use Government license plates, with the exception of
motor vehicles exempted under Sec. 102-34.180, Sec. 102-34.195, and
Sec. 102-34.200.
Sec. 102-34.135 Do we need to register motor vehicles owned or leased by the Government?
For a motor vehicle owned or leased by the Government that is
regularly based or operated outside the District of Columbia and
displaying U.S. Government license plates and motor vehicle
identification, you need not register it in a State, Commonwealth,
territory or possession of the United States. Motor vehicles exempted
under Sec. 102-34.180, Sec. 102-34.195, or Sec. 102-34.200 must be
registered and inspected in accordance with the laws of the State,
Commonwealth, territory or possession of the United States where the
motor vehicle is regularly operated.
Sec. 102-34.140 Where may we obtain U.S. Government license plates?
For detailed instructions and an ordering form to obtain U.S.
Government license plates, contact the: Superintendent of Industries,
District of Columbia, Department of Corrections, Lorton, VA 22079.
Note to Sec. 102-34.140: You may, but are not required to obtain
license plates from the District of Columbia, Department of Corrections.
Sec. 102-34.145 How do we display license plates on motor vehicles?
(a) Display official U.S. Government license plates on the front and
rear of all motor vehicles owned or leased by the Government. The
exception is two-wheeled motor vehicles, which require rear license
plates only.
(b) You must display U.S. Government license plates on the motor
vehicle to which the license plates were assigned.
(c) Display the U.S. Government license plates until the motor
vehicle is removed from Government service or is transferred, or until
the plates are damaged and require replacement.
(d) For motor vehicles owned or leased by DOD, follow DOD
regulations.
Sec. 102-34.150 What do we do about a lost or stolen license plate?
You should report the loss or theft of license plates as follows:
(a) U.S. Government license plates. Tell your local security office
(or equivalent) and local police.
(b) District of Columbia or State license plates. Tell your local
security office (or equivalent) and either the District of Columbia,
Department of Transportation, or the State agency, as appropriate.
Sec. 102-34.155 What records do we need to keep on U.S. Government license plates?
You must keep a central record of all U.S. Government license plates
for your agency's motor vehicle purchases and motor vehicle leases. The
GSA Fleet must keep such a record for GSA Fleet vehicles. The record
must identify:
(a) The motor vehicle to which each set of plates is assigned.
(b) The complete history of any reassigned plates.
(c) A list of destroyed or voided license plate numbers.
[[Page 53]]
Sec. 102-34.160 How are U.S. Government license plates coded and numbered?
U.S. Government license plates, except those issued by the District
of Columbia, Department of Transportation, under Sec. 102-34.170, will
be numbered serially for each executive agency, beginning with 101, and
preceded by a letter code that designates the owning agency for the
motor vehicle as follows:
Agriculture, Department of--A
Air Force, Department of the--AF
Army, Department of the--W
Commerce, Department of--C
Consumer Product Safety Commission--CPSC
Corps of Engineers, Civil Works--CE
Defense, Department of--D
Defense Commissary Agency--DECA
Defense Contract Audit Agency--DA
Defense Logistics Agency--DLA
District of Columbia Redevelopment Land Agency--LA
Energy, Department of--E
Enrichment Corporation, U.S--EC
Environmental Protection Agency--EPA
Executive Office of the President--EO Council of Economic Advisers,
National Security Council, Office of Management and Budget--EO
Federal Communications Commission--FC
Federal Deposit Insurance Corporation--FD
Federal Emergency Management Agency--FE
Federal Mediation and Conciliation Service--FM
General Services Administration--GS
Government Printing Office--GP
GSA Fleet--G
Health and Human Services, Department of--HHS
Interior, Department of the--I
Judicial Branch of the Government--JB
Justice, Department of--J
Labor, Department of--L
Legislative Branch--LB
Marine Corps--MC
National Aeronautics and Space Administration--NA
National Capital Planning Commission--NP
National Guard Bureau--NG
National Labor Relations Board--NL
National Science Foundation--NS
Navy, Department of the--N
Nuclear Regulatory Commission--NRC
Office of Personnel Management--OPM
Panama Canal Commission--PC
Railroad Retirement Board--RR
Selective Service System--SS
Small Business Administration--SB
Smithsonian Institution, National Gallery of Art--SI
Soldiers' and Airmen's Home, U.S--SH
State, Department of--S
Tennessee Valley Authority--TV
Transportation, Department of--DOT
Treasury, Department of the--T
United States Information Agency--IA
United States Postal Service--P
Veterans Affairs, Department of--VA
Sec. 102-34.165 How can we get a new license plate code designation?
To get a new license plate code designation, write to the: General
Services Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Sec. 102-34.170 Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?
Yes. DC Code, section 40-102(d)(2), requires the issuance of license
plates, without charge, for all motor vehicles owned or leased by the
Government at the time the motor vehicle is registered or reregistered.
(a) You must register motor vehicles that are regularly based or
operated in DC with the DC Department of Transportation. Your
application to register must include a manufacturer's Certificate of
Origin, bill of sale, or other document attesting Government ownership.
Forms for registering motor vehicles are available from the District of
Columbia, Department of Transportation.
(b) Motor vehicles owned or leased by the Government and licensed in
the District of Columbia may have the letter code designation prescribed
in Sec. 102-34.160 stenciled in the blank space beside the embossed
numbers. If you add a letter code designation, stencil it on the license
plate so that the letters resemble the embossed numbers in size and
color. License plates issued by the District of Columbia without an
agency letter code designation will usually have the letter code
designation ``US''.
(c) Transfer of U.S. Government license plates issued by the
District of Columbia between your agency's own motor vehicles requires
prior approval from the District of Columbia, Department of
Transportation.
(d) You must have each registered motor vehicle inspected annually
according to section 40-204 of the District of Columbia Code and
applicable regulations. The District of Columbia
[[Page 54]]
issues an inspection verification sticker for each motor vehicle that
passes inspection. Inspections and stickers are free.
(e) Return damaged or mutilated license plates to the District of
Columbia, Department of Transportation, for cancellation. Also return
license plates when you transfer a motor vehicle regularly based or
operated in the District of Columbia to operation in a field area,
another agency, or remove the motor vehicle from Government service.
[64 FR 59593, Nov. 2, 1999; 64 FR 66967, Nov. 30, 2000]
Identification Exemptions
Sec. 102-34.175 What types of exemptions are there?
(a) Limited exemption.
(b) Unlimited exemption.
(c) Special exemption.
Sec. 102-34.180 May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?
Yes. The head of your agency or designee may authorize a limited
exemption to the display of U.S. Government license plates and motor
vehicle identification upon written certification. (See Sec. 102-
34.185.) For motor vehicles leased from the GSA Fleet, send an
information copy of this certification to the: General Services
Administration, Attn: FFF, Washington, DC 20406.
Note to Sec. 102-34.180: Not eligible for exemption are motor
vehicles regularly used for common administrative purposes and not
directly connected to investigative, law enforcement or intelligence
duties involving security activities.
Sec. 102-34.185 What information must the certification contain?
The certification must state either:
(a) That the motor vehicle is used primarily for investigative, law
enforcement or intelligence duties involving security activities and
that identifying the motor vehicle would interfere with those duties; or
(b) That identifying the motor vehicle would endanger the security
of the vehicle occupants.
Sec. 102-34.190 For how long is a limited exemption valid?
An exemption granted in accordance with Sec. 102-34.180 and
Sec. 102-34.185 may last from one day up to one year. If the requirement
for exemption still exists at the end of the year, your agency must re-
certify the continued exemption. For a motor vehicle leased from the GSA
Fleet, send a copy of the re-certification to the: General Services
Administration, ATTN: FFF, Washington, DC 20406.
Sec. 102-34.195 What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?
The following Federal agencies, or activities within agencies, are
granted an unlimited exemption based on ongoing mission requirements and
do not need to certify:
(a) Administrative Office of the United States Courts. All motor
vehicles used by United States probation offices and pretrial services
agencies of the judicial branch of the U.S. Government.
(b) Department of Agriculture. Motor vehicles used for investigative
or law enforcement activities by the Agricultural Marketing Service,
Animal and Plant Health Inspection Service, Food Safety and Inspection
Service, Forest Service, Grain Inspection, Packers and Stockyard
Administration, Packers and Stockyard Program, Food and Consumers
Service, and Office of the Inspector General.
(c) Department of Commerce. Motor vehicles used for surveillance and
other law enforcement activities by the Office of Export Enforcement,
International Trade Administration, the National Marine Fisheries
Service, and the National Oceanic and Atmospheric Administration.
(d) Department of Defense. Motor vehicles used for intelligence,
investigative, or security activities by the U.S. Army Intelligence
Agency and the Criminal Investigation Command of the Department of the
Army; Office of Naval Intelligence of the Department of the Navy; Office
of Special Investigations of the Department of the Air Force; the
Defense Criminal Investigation Service, Office of the Inspector
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General; and the Defense Logistics Agency.
(e) District of Columbia. Motor vehicles used by St. Elizabeth's
Hospital in outpatient work where identifying the motor vehicles would
be prejudicial to patients.
(f) Department of Education. Motor vehicles used for investigative
and law enforcement activities by the Office of the Inspector General.
(g) Department of Energy. Motor vehicles used for investigative or
security activities.
(h) Environmental Protection Agency. Motor vehicles used for
investigative and law enforcement activities by the Office of Inspector
General and the Office of Enforcement and Compliance Assurance.
(i) Federal Communications Commission. Motor vehicles used for
investigative activities by the Field Operations Bureau.
(j) General Services Administration. Motor vehicles used for
investigative, surveillance, and security activities by special agents
of the Federal Protective Service, and Office of the Inspector General.
(k) Department of Health and Human Services. Motor vehicles used for
undercover law enforcement and similar investigative work by the Food
and Drug Administration; motor vehicles used to transport mentally
disturbed children by the National Institutes of Health; and motor
vehicles used for law enforcement and investigative purposes by the
Office of Investigations and the Office of the Inspector General.
(l) Department of Housing and Urban Development. Motor vehicles used
for law enforcement or investigative purposes by the Office of the
Inspector General.
(m) Department of the Interior. Motor vehicles used to enforce game
laws by the U.S. Fish and Wildlife Service; motor vehicles assigned to
special agents of the Bureau of Land Management who investigate crimes
against public lands; motor vehicles assigned to special officers of the
Bureau of Indian Affairs; motor vehicles used for investigating crimes
against public lands by the National Park Service and assigned to the
U.S. Park Police; and motor vehicles assigned to the special agents of
the Office of the Inspector General who investigate possible crimes of
fraud and abuse by departmental employees, contractors, and grantees.
(n) Department of Justice. All motor vehicles used for undercover
law enforcement activities or investigative work by the Department.
(o) Department of Labor. All motor vehicles used for investigative,
law enforcement, and compliance activities by the Employment and
Training Administration, Occupational Safety and Health Administration,
Employment Standards Administration, and the Mine Safety and Health
Administration.
(p) National Aeronautics and Space Administration. Motor vehicles
used for investigative or law enforcement activities.
(q) National Labor Relations Board. Motor vehicles used for
investigative activities by field offices.
(r) National Security Council. Motor vehicles used by the Central
Intelligence Agency.
(s) Nuclear Regulatory Commission. Motor vehicles used for the
conduct of security operations or in the enforcement of security
regulations.
(t) Office of Personnel Management. Motor vehicles used for the
investigative program of the Office of Personnel Investigations and
regional investigation activities.
(u) United States Postal Service. Motor vehicles that the Postal
Inspection Service uses for investigative and law enforcement
activities.
(v) Department of State. Motor vehicles used for protecting domestic
and foreign dignitaries and investigating passport and visa fraud.
(w) Department of Transportation. Motor vehicles used for
intelligence, investigative, or security activities by the Office of the
Inspector General, the OST Office of Security, the Investigations and
Security Division and field counterparts in the U.S. Coast Guard, the
Office of Civil Aviation Security and field counterparts in the Federal
Aviation Administration, and the Idaho Division Office of Motor Carriers
in the Federal Highway Administration.
[[Page 56]]
(x) Department of Treasury. Motor vehicles used by the U.S. Secret
Service; the Criminal Investigation Division and the Internal Security
Division of the Internal Revenue Service; motor vehicles used for
investigative activities by the Collection Division of the Internal
Revenue Service; motor vehicles used by the Office of Enforcement and
the Office of Inspection at the Bureau of Alcohol, Tobacco, and
Firearms; and motor vehicles used by the Office of Enforcement, Office
of Compliance Operations, and the Office of Internal Affairs at the U.S.
Customs Service.
(y) Department of Veterans Affairs. Motor vehicles used for
investigative activities by the Office of the Inspector General and
regional Field Examiners and Property Management Inspectors.
Sec. 102-34.200 What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?
Motor vehicles assigned for the use of the President and the heads
of executive departments specified in 5 U.S.C. 101 are exempt from the
requirement to display motor vehicle identification. All motor vehicles,
other than those assigned for the personal use of the President, will
display official U.S. Government license plates.
Sec. 102-34.205 What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S.
Government license plates?
Display the regular license plates of the State, Commonwealth,
territory or possession of the United States, or the District of
Columbia, where the motor vehicle is principally operated.
Sec. 102-34.210 What special requirements apply to exempted motor vehicles operating in the District of Columbia?
If your agency wants to use regular District of Columbia license
plates for motor vehicles exempt from displaying U.S. government license
plates and motor vehicle identification, your agency head must designate
an official to authorize them. Provide the name and facsimile signature
of that official to the District of Columbia, Department of
Transportation, annually.
Sec. 102-34.215 Can GSA ask for a listing of exempted motor vehicles?
Yes. If asked, the head of each executive agency must submit a
report concerning motor vehicles exempted under this subpart. This
report, which has been assigned interagency report control number 1537-
GSA-AR, should be submitted to the: General Services Administration,
ATTN: MTV, Washington, DC 20405. Email: [email protected]
Subpart C--Official Use of Government Motor Vehicles
Sec. 102-34.220 What is official use of a motor vehicle owned or leased by the Government?
Official use of a motor vehicle is using a motor vehicle to perform
your agency's mission(s), as authorized by your agency.
Sec. 102-34.225 May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?
No, you may not use a Government motor vehicle for transportation
between your residence and place of employment unless your agency
authorizes such use after making the necessary determination under 31
U.S.C. 1344 and subpart 101-6.4 of this title. Your agency must keep a
copy of the written authorization within the agency and monitor the use
of these motor vehicles.
Sec. 102-34.230 May Government contractors use motor vehicles owned or leased by the Government?
Yes, Government contractors may use Government motor vehicles when
authorized under applicable procedures and the following conditions:
(a) Motor vehicles are used for official purposes only and solely in
the performance of the contract.
(b) Motor vehicles cannot be used for transportation between
residence and place of employment, unless authorized in accordance with
31 U.S.C. 1344 and subpart 101-6.4 of this title.
(c) Contractors must:
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(1) Establish and enforce suitable penalties against employees who
use, or authorize the use of, such motor vehicles for unofficial
purposes or for other than in the performance of the contract; and
(2) Pay any expenses or cost, without Government reimbursement, for
using such motor vehicles other than in the performance of the contract.
Sec. 102-34.235 What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?
GSA reports the matter to the head of the agency employing the motor
vehicle operator. The employing agency investigates and may, if
appropriate, take disciplinary action under 31 U.S.C. 1349 or may report
the violation to the Attorney General for prosecution under 18 U.S.C.
641.
Sec. 102-34.240 How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?
If an employee willfully uses, or authorizes the use of, a motor
vehicle for other than official purposes, the employee is subject to
suspension of at least one month or, up to and including, removal by the
head of the agency (31 U.S.C. 1349).
Sec. 102-34.245 How am I responsible for protecting motor vehicles?
When a Government-owned or -leased motor vehicle is under your
control, you must:
(a) Park or store the vehicle in a manner that reasonably protects
it from theft or damage.
(b) Lock the unattended motor vehicle. (The only exception to this
requirement is when fire regulations or other directives prohibit
locking motor vehicles in closed buildings or enclosures.)
Sec. 102-34.250 Am I bound by State and local traffic laws?
Yes. You must obey all motor vehicle traffic laws of the State and
local jurisdiction, except when the duties of your position require
otherwise. You are personally responsible if you violate State or local
traffic laws. If you are fined or otherwise penalized for an offense you
commit while performing your official duties, but which was not required
as part of your official duties, payment is your personal
responsibility.
Sec. 102-34.255 Who pays for parking fees and fines?
You must pay parking fees while operating a motor vehicle owned or
leased by the Government. However, you can expect to be reimbursed for
parking fees incurred while performing official duties. Conversely, if
you are fined for a parking violation while operating a motor vehicle
owned or leased by the Government, payment is your personal
responsibility and you will not be reimbursed.
Sec. 102-34.260 Do Federal employees in motor vehicles owned or leased by the government have to use safety belts?
Yes Federal employees must use safety belts, when there is a safety
belt.
Subpart D--Replacement of Motor Vehicles
Sec. 102-34.265 What are motor vehicle replacement standards?
Motor vehicle replacement standards specify the minimum number of
years in use or miles traveled at which an executive agency may replace
a Government-owned motor vehicle (see Sec. 102-34.280) .
Sec. 102-34.270 May we replace a Government-owned motor vehicle sooner?
Yes. You may replace a Government-owned motor vehicle if it needs
body or mechanical repairs that exceed the fair market value of the
motor vehicle. Determine the fair market value by adding the current
market value of the motor vehicle plus any capitalized motor vehicle
additions (such as a utility body or liftgate) or repairs. Your agency
head or designee must review the replacement in advance.
Sec. 102-34.275 May we keep a Government-owned motor vehicle even though the standard permits replacement?
Yes. The replacement standard is a minimum only, and therefore, you
may
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keep a Government-owned motor vehicle longer than shown in Sec. 102-
34.280 if the motor vehicle can be operated without excessive
maintenance costs or substantial reduction in resale value.
Sec. 102-34.280 How long must we keep a Government-owned motor vehicle?
You must keep a motor vehicle owned or leased by the Government for
at least the years or miles shown in the following table:
Table of Minimum Replacement Standards
------------------------------------------------------------------------
or Miles
Motor vehicle type Years \a\ \a\
------------------------------------------------------------------------
Sedans/Station Wagons............................. 3 60,000
Ambulances........................................ 7 60,000
Buses:
Intercity....................................... n/a 280,000
City............................................ n/a 150,000
School.......................................... n/a 80,000
Trucks:
Less than 12,500 pounds GVWR.................... 6 50,000
12,500-23,999 pounds GVWR....................... 7 60,000
24,000 pounds GVWR and over..................... 9 80,000
4- or 6-wheel drive motor vehicles.............. 6 40,000
------------------------------------------------------------------------
\a\ Minimum standards are stated in both years and miles; use whichever
occurs first.
Subpart E--Scheduled Maintenance of Motor Vehicles
Sec. 102-34.285 What kind of maintenance programs must we have?
You must have a scheduled maintenance program for each motor vehicle
you own or lease. This requirement applies to motor vehicles operated in
any State, Commonwealth, territory or possession of the United States,
and the District of Columbia. The GSA Fleet will develop maintenance
programs for GSA Fleet vehicles. The scheduled maintenance program must:
(a) Meet Federal, State, and local emission standards;
(b) Meet manufacturer warranty requirements;
(c) Ensure the safe and economical operating condition of the motor
vehicle throughout its life; and
(d) Ensure that inspections and servicing occur as recommended by
the manufacturer or more often if local operating conditions require.
Sec. 102-34.290 Must our motor vehicles pass State inspections?
Yes your motor vehicles must pass State inspections, where mandated.
(a) Each motor vehicle owned or leased by the Government must pass
Federally-mandated emission inspections in the jurisdictions in which
they operate when required by State motor vehicle administrations or
State environmental departments. You must reimburse State activities for
the cost of these inspections if the fee is not waived. GSA will pay the
cost of these inspections for motor vehicles leased from the GSA Fleet.
(b) Motor vehicles owned or leased by the Government that are
exempted from the display of U.S. Government license plates and motor
vehicle identification must comply with emission and mechanical
inspection programs of the State, Commonwealth, territory or possession
of the United States or the District of Columbia in which they are
regularly operated. Your agency must pay for these inspections, unless
the fee is waived. Payment for these inspections for motor vehicles
leased from the GSA Fleet are the responsibility of the using agency.
Sec. 102-34.295 Where can we obtain help in setting up a maintenance program?
For help in setting up a maintenance programs, contact the: General
Services Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Subpart F--Motor Vehicle Accident Reporting
Sec. 102-34.300 What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?
GSA recommends the following forms for use to report an accident in
any State, Commonwealth, territory or possession of the United States
and the District of Columbia. The forms should be carried in any motor
vehicle owned or leased by the Government.
(a) Standard Form 91, Motor Vehicle Accident Report. The motor
vehicle operator should complete this form at the time and scene of the
accident if possible, even if damage to the motor vehicle is not
noticeable.
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(b) Standard Form 94, Statement of Witness. This form should be
completed by any witness to the accident.
Sec. 102-34.305 To whom do we send accident reports?
Send accident reports as follows:
(a) If the motor vehicle is owned or leased by your agency, follow
your internal agency directives.
(b) If the motor vehicle is managed by the GSA Fleet, report the
accident to GSA in accordance with subpart 101-39.4 of this title.
Subpart G--Disposal of Motor Vehicles
Sec. 102-34.310 How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?
After meeting the replacement standards under subpart D of this
part, you may dispose of a Government-owned motor vehicle by
transferring the motor vehicle title, or manufacturer's Certificate of
Origin, to the new owner. Detailed instructions on the disposal process
are in parts 101-45 and 101-46 of this title.
Sec. 102-34.315 What forms do we use to transfer ownership when selling a motor vehicle?
Use the following forms to transfer ownership:
(a) Standard Form 97, The United States Government Certificate to
Obtain Title to a Motor Vehicle, if both of the following apply:
(1) The motor vehicle will be retitled by a State, Commonwealth,
territory or possession of the United States or the District of
Columbia; and
(2) The purchaser intends to operate the motor vehicle on highways.
Note to Sec. 102-34.315(a)(2):
Do not use Standard Form 97 if the Government-owned motor vehicle is
either not designed or not legal for operation on highways. Examples are
construction equipment, farm machinery, and certain military-design
motor vehicles. Instead, use an appropriate bill of sale or award
document. Examples are Optional Form 16, Sales Slip-Sale of Government
Personal Property, and Standard Form 114, Sale of Government Property--
Bid and Award.
(b) Standard Form 97 is optional in foreign countries because
foreign governments may require the use of other forms.
Note to Sec. 102-34.315: The original Standard Form 97 is printed on
secure paper to identify readily any attempt to alter the form. The form
is also pre-numbered to prevent duplicates. State motor vehicle agencies
may reject certificates showing erasures or strikeovers.
Sec. 102-34.320 How do we distribute the completed Standard Form 97?
Standard Form 97 is a 4-part set printed on continuous-feed paper.
Distribute the form as follows:
(a) Original SF 97 to the purchaser or donee.
(b) One copy to the owning agency.
(c) One copy to the contracting officer making the sale or transfer
of the motor vehicle.
(d) One copy under owning-agency directives.
Subpart H--Motor Vehicle Fueling
Sec. 102-34.325 How do we obtain fuel for motor vehicles?
You may obtain fuel for any motor vehicle owned or leased by the
Government by using:
(a) A Government-issued charge card;
(b) A Government agency fueling facility; or
(c) Personal funds and obtaining reimbursement from your agency.
Sec. 102-34.330 What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?
(a) You may use a fleet charge card specifically issued for this
purpose. These cards are designed to collect motor vehicle data at the
time of purchase. Where appropriate, State sales and motor fuel taxes
are deducted from fuel purchases by the fleet charge card services
contractor before your agency is billed. The GSA contractor issued fleet
charge card is the only Government-issued charge card that may be used
for GSA Fleet motor vehicles. For further information on acquiring these
fleet charge cards and their use, contact the: General Services
Administration, Attn: FCX, Washington, DC 20406.
[[Page 60]]
(b) You may use a Government purchase card if you do not have a
fleet charge card or if the use of such a government purchase card is
required by your agency mission. However, the Government purchase card
does not collect motor vehicle data nor does it deduct State sales and
motor fuel taxes.
Sec. 102-34.335 What type of fuel do I use in motor vehicles?
(a) Use the grade (octane rating) of fuel recommended by the motor
vehicle manufacturer when fueling motor vehicles owned or leased by the
Government.
(b) Do not use premium grade gasoline in any motor vehicle owned or
leased by the Government unless the motor vehicle specifically requires
premium grade gasoline.
(c) Use unleaded gasoline in all Government owned or leased motor
vehicles designed to operate on gasoline and used overseas unless:
(1) Such use would be in conflict with country-to-country or multi-
national logistics agreements; or
(2) Such gasoline is not available locally.
Sec. 102-34.340 Do I have to use self-service fuel pumps?
Yes. You must use self-service fuel pumps to the fullest extent
possible.
Subpart I--Federal Motor Vehicle Fleet Report
Sec. 102-34.345 What is the Federal Motor Vehicle Fleet Report?
The Federal Motor Vehicle Fleet Report is compiled by GSA annually
from information submitted by Federal agencies on motor vehicle
inventory, cost, and use data. GSA supplies copies of the report to the
Congress, Federal agencies, and other organizations upon request.
Recipients of this report use it to evaluate and analyze operations
and management of the Federal motor vehicle fleet.
Sec. 102-34.350 What records do we need to keep?
For owned motor vehicles, you are responsible for developing
adequate accounting and reporting procedures to ensure accurate
reporting of inventory, cost, and operational data needed to manage and
control motor vehicles.
Sec. 102-34.355 When and how do we report motor vehicle data?
(a) Within 75 calendar days after the end of the fiscal year, use
Standard Form 82, Agency Report of Motor Vehicle Data, to report motor
vehicle inventory, cost, and operating information. Send the Standard
Form 82 to the: General Services Administration, Attn: MTV, Washington,
DC 20405. Email: [email protected]
(b) Use separate forms to report data for domestic and foreign
fleets.
(1) For motor vehicles lent to another agency during the reporting
period, the owning agency reports all data.
(2) For motor vehicles transferred from one owning agency to
another, each agency reports data for the time it retained
accountability.
(c) Detailed instructions are included as part of the form. You can
also complete the Standard Form 82 electronically using a computerized
input medium. For further information, contact the: General Services
Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Subpart J--Forms
Sec. 102-34.360 How do we obtain the forms prescribed in this part?
See Sec. 102-2.135 of this chapter for how to obtain forms
prescribed in this part.
PART 102-35--DISPOSITION OF PERSONAL PROPERTY [RESERVED]
PART 102-36--DISPOSITION OF EXCESS PERSONAL PROPERTY--Table of Contents
Subpart A--General Provisions
Sec.
102-36.5 What is the governing authority for this part?
102-36.10 What does this part cover?
102-36.15 Who must comply with the provisions of this part?
102-36.20 To whom do ``we'', ``you'', and their variants refer?
[[Page 61]]
102-36.25 How do we request a deviation from these requirements and who
can approve it?
102-36.30 When is personal property excess?
102-36.35 What is the typical process for disposing of excess personal
property?
Definitions
102-36.40 What definitions apply to this part?
Responsibility
102-36.45 What are our responsibilities in the management of excess
personal property?
102-36.50 May we use a contractor to perform the functions of excess
personal property disposal?
102-36.55 What is GSA's role in the disposition of excess personal
property?
Subpart B--Acquiring Excess Personal Property For Our Agency
Acquiring Excess
102-36.60 Who is eligible to acquire excess personal property as
authorized by the Property Act?
102-36.65 Why must we use excess personal property instead of buying
new property?
102-36.70 What must we consider when acquiring excess personal
property?
102-36.75 Do we pay for excess personal property we acquire from
another Federal agency under a transfer?
102-36.80 How much do we pay for excess personal property on a transfer
with reimbursement?
102-36.85 Do we pay for personal property we acquire when it is
disposed of by another agency under the exchange/sale
authority, and how much do we pay?
Screening of Excess
102-36.90 How do we find out what personal property is available as
excess?
102-36.95 How long is excess personal property available for screening?
102-36.100 When does the screening period start for excess personal
property?
102-36.105 Who is authorized to screen and where do we go to screen
excess personal property on-site?
102-36.110 Do we need authorization to screen excess personal property?
102-36.115 What information must we include in the authorization form
for non-Federal persons to screen excess personal property?
102-36.120 What are our responsibilities in authorizing a non-Federal
individual to screen excess personal property?
Processing Transfers
102-36.125 How do we process a Standard Form 122 (SF 122), Transfer
Order Excess Personal Property, through GSA?
102-36.130 What are our responsibilities in processing transfer orders
of excess personal property?
102-36.135 How much time do we have to pick up excess personal property
that has been approved for transfer?
102-36.140 May we arrange to have the excess personal property shipped
to its final destination?
Direct Transfers
102-36.145 May we obtain excess personal property directly from another
Federal agency without GSA approval?
Subpart C--Acquiring Excess Personal Property for Non-Federal Recipients
102-36.150 For which non-Federal activities may we acquire excess
personal property?
102-36.155 What are our responsibilities when acquiring excess personal
property for use by a non-Federal recipient?
102-36.160 What additional information must we provide on the SF 122
when acquiring excess personal property for non-Federal
recipients?
Nonappropriated Fund Activities
102-36.165 Do we retain title to excess personal property furnished to
a nonappropriated fund activity within our agency?
102-36.170 May we transfer personal property owned by one of our
nonappropriated fund activities?
Contractors
102-36.175 Are there restrictions to acquiring excess personal property
for use by our contractors?
Cooperatives
102-36.180 Is there any limitation/condition to acquiring excess
personal property for use by cooperatives?
Project Grantees
102-36.185 What are the requirements for acquiring excess personal
property for use by our grantees?
102-36.190 Must we always pay 25 percent of the original acquisition
cost when furnishing excess personal property to project
grantees?
102-36.195 What type of excess personal property may we furnish to our
project grantees?
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102-36.200 May we acquire excess personal property for cannibalization
purposes by the grantee?
102-36.205 Is there a limit to how much excess personal property we may
furnish to our grantees?
Subpart D--Disposition of Excess Personal Property
102-36.210 Why must we report excess personal property to GSA?
Reporting Excess Personal Property
102-36.215 How do we report excess personal property?
102-36.220 Must we report all excess personal property to GSA?
102-36.225 Must we report excess related personal property?
102-36.230 Where do we send the reports of excess personal property?
102-36.235 What information do we provide when reporting excess
personal property?
102-36.240 What are the disposal condition codes?
Disposing of Excess Personal Property
102-36.245 Are we accountable for the personal property that has been
reported excess, and who is responsible for the care and
handling costs?
102-36.250 Does GSA ever take physical custody of excess personal
property?
102-36.255 What options do we have when unusual circumstances do not
allow adequate time for disposal through GSA?
102-36.260 How do we promote the expeditious transfer of excess
personal property?
102-36.265 What if there are competing requests for the same excess
personal property?
102-36.270 What if a Federal agency requests personal property that is
undergoing donation screening or in the sales process?
102-36.275 May we dispose of excess personal property without GSA
approval?
102-36.280 May we withdraw from the disposal process excess personal
property that we have reported to GSA?
Transfers With Reimbursement
102-36.285 May we charge for personal property transferred to another
Federal agency?
102-36.290 How much do we charge for excess personal property on a
transfer with reimbursement?
Report of Disposal Activity
102-36.295 Is there any reporting requirement on the disposition of
excess personal property?
102-36.300 How do we report the furnishing of personal property to non-
Federal recipients?
Abandonment/Destruction
102-36.305 May we abandon or destroy excess personal property without
reporting it to GSA?
102-36.310 Who makes the determination to abandon or destroy excess
personal property?
102-36.315 Are there any restrictions to the use of the abandonment/
destruction authority?
102-36.320 May we transfer or donate excess personal property that has
been determined appropriate for abandonment/destruction
without GSA approval?
102-36.325 What must be done before the abandonment/destruction of
excess personal property?
102-36.330 Are there occasions when public notice is not needed
regarding abandonment/destruction of excess personal property?
Subpart E--Personal Property Whose Disposal Requires Special Handling
102-36.335 Are there certain types of excess personal property that
must be disposed of differently from normal disposal
procedures?
Aircraft and Aircraft Parts
102-36.340 What must we do when disposing of excess aircraft?
102-36.345 May we dispose of excess Flight Safety Critical Aircraft
Parts (FSCAP)?
102-36.350 How do we identify a FSCAP?
102-36.355 What are the FSCAP Criticality Codes?
102-36.360 How do we dispose of aircraft parts that are life-limited
but have no FSCAP designation?
Canines, Law Enforcement
102-36.365 May we transfer or donate canines that have been used in the
performance of law enforcement duties?
Disaster Relief Property
102-36.370 Are there special requirements concerning the use of excess
personal property for disaster relief?
Firearms
102-36.375 May we dispose of excess firearms?
Foreign Excess Personal Property
102-36.380 Who is responsible for disposing of foreign excess personal
property?
102-36.385 What are our responsibilities in the disposal of foreign
excess personal property?
[[Page 63]]
102-36.390 How may we dispose of foreign excess personal property?
102-36.395 How may GSA assist us in disposing of foreign excess
personal property?
102-36.400 Who pays for the transportation costs when foreign excess
personal property is returned to the United States?
Gifts
102-36.405 May we keep gifts given to us from the public?
102-36.410 How do we dispose of a gift in the form of money or
intangible personal property?
102-36.415 How do we dispose of gifts other than intangible personal
property?
102-36.420 How do we dispose of gifts from foreign governments or
entities?
Hazardous Personal Property
102-36.425 May we dispose of excess hazardous personal property?
Munitions List Items/Commerce Control List Items (MLIs/CCLIs)
102-36.430 May we dispose of excess Munitions List Items (MLIs)/
Commerce Control List Items (CCLIs)?
102-36.435 How do we identify Munitions List Items (MLIs)/Commerce
Control List Items (CCLIs) requiring demilitarization?
Printing Equipment and Supplies
102-36.440 Are there special procedures for reporting excess printing
and binding equipment and supplies?
Red Cross Property
102-36.445 Do we report excess personal property originally acquired
from or through the American National Red Cross?
Shelf-Life Items
102-36.450 Do we report excess shelf-life items?
102-36.455 How do we report excess shelf-life items?
102-36.460 Do we report excess medical shelf-life items held for
national emergency purposes?
102-36.465 May we transfer or exchange excess medical shelf-life items
with other Federal agencies?
Vessels
102-36.470 What must we do when disposing of excess vessels?
Subpart F--Miscellaneous Disposition
102-36.475 What is the authority for transfers under ``Computers for
Learning''?
Authority: 40 U.S.C. 486(c).
Source: 65 FR 31218, May 16, 2000, unless otherwise noted.
Subpart A--General Provisions
Sec. 102-36.5 What is the governing authority for this part?
Section 205(c) of the Federal Property and Administrative Services
Act of 1949, as amended (the Property Act) (40 U.S.C. 486), authorizes
the Administrator of General Services to prescribe regulations as he
deems necessary to carry out his functions under the Property Act.
Section 202 of the Property Act (40 U.S.C. 483) authorizes the General
Services Administration (GSA) to prescribe policies to promote the
maximum use of excess Government personal property by executive
agencies.
Sec. 102-36.10 What does this part cover?
This part covers the acquisition, transfer, and disposal, by
executive agencies, of excess personal property located in the United
States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth
of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.
Sec. 102-36.15 Who must comply with the provisions of this part?
All executive agencies must comply with the provisions of this part.
The legislative and judicial branches are encouraged to report and
transfer excess personal property and fill their personal property
requirements from excess in accordance with these provisions.
Sec. 102-36.20 To whom do ``we'', ``you'', and their variants refer?
Use of pronouns ``we'', ``you'', and their variants throughout this
part refer to the agency.
Sec. 102-36.25 How do we request a deviation from these requirements and who can approve it?
See Secs. 102-2.60 through 102-2.110 of this chapter to request a
deviation from the requirements of this part.
[[Page 64]]
Sec. 102-36.30 When is personal property excess?
Personal property is excess when it is no longer needed by the
activities within your agency to carry out the functions of official
programs, as determined by the agency head or designee.
Sec. 102-36.35 What is the typical process for disposing of excess personal property?
(a) You must ensure personal property not needed by your activity is
offered for use elsewhere within your agency. If the property is no
longer needed by any activity within your agency, your agency declares
the property excess and reports it to GSA for possible transfer to
eligible recipients, including Federal agencies for direct use or for
use by their contractors, project grantees, or cooperative agreement
recipients. All executive agencies must, to the maximum extent
practicable, fill requirements for personal property by using existing
agency property or by obtaining excess property from other Federal
agencies in lieu of new procurements.
(b) If GSA determines that there are no Federal requirements for
your excess personal property, it becomes surplus property and is
available for donation to State and local public agencies and other
eligible non-Federal activities. The Property Act requires that surplus
personal property be distributed to eligible recipients by an agency
established by each State for this purpose, the State Agency for Surplus
Property.
(c) Surplus personal property not selected for donation is offered
for sale to the public by competitive offerings such as sealed bid
sales, spot bid sales or auctions. You may conduct or contract for the
sale of your surplus personal property, or have GSA or another executive
agency conduct the sale on behalf of your agency in accordance with part
101-45 of this title. You must inform GSA at the time the property is
reported as excess if you do not want GSA to conduct the sale for you.
(d) If a written determination is made that the property has no
commercial value or the estimated cost of its continued care and
handling would exceed the estimated proceeds from its sale, you may
dispose of the property by abandonment or destruction, or donate it to
public bodies.
Definitions
Sec. 102-36.40 What definitions apply to this part?
The following definitions apply to this part:
Commerce Control List Items (CCLIs) are dual use (commercial/
military) items that are subject to export control by the Bureau of
Export Administration, Department of Commerce. These items have been
identified in the U.S. Export Administration Regulations (15 CFR part
774) as export controlled for reasons of national security, crime
control, technology transfer and scarcity of materials.
Cooperative means the organization or entity that has a cooperative
agreement with a Federal agency.
Cooperative agreement means a legal instrument reflecting a
relationship between a Federal agency and a non-Federal recipient, made
in accordance with the Federal Grant and Cooperative Agreement Act of
1977 (31 U.S.C. 6301-6308), under any or all of the following
circumstances:
(1) The purpose of the relationship is the transfer, between a
Federal agency and a non-Federal entity, of money, property, services,
or anything of value to accomplish a public purpose authorized by law,
rather than by purchase, lease, or barter, for the direct benefit or use
of the Federal Government.
(2) Substantial involvement is anticipated between the Federal
agency and the cooperative during the performance of the agreed upon
activity.
(3) The cooperative is a State or local government entity or any
person or organization authorized to receive Federal assistance or
procurement contracts.
Demilitarization means, as defined by the Department of Defense, the
act of destroying the military capabilities inherent in certain types of
equipment or material. Such destruction may include deep sea dumping,
mutilation, cutting, crushing, scrapping, melting, burning, or
alteration so as to prevent the further use of the item for its
originally intended purpose.
[[Page 65]]
Excess personal property means any personal property under the
control of any Federal agency that is no longer required for that
agency's needs, as determined by the agency head or designee.
Exchange/sale property means property not excess to the needs of the
holding agency but eligible for replacement, which is exchanged or sold
under the provisions of part 101-46 of this title in order to apply the
exchange allowance or proceeds of sale in whole or part payment for
replacement with a similar item.
Executive agency means any executive department or independent
establishment in the executive branch of the Government, including any
wholly owned Government corporation.
Fair market value means the best estimate of the gross sales
proceeds if the property were to be sold in a public sale.
Federal agency means any executive agency or any establishment in
the legislative or judicial branch of the Government (except the Senate,
the House of Representatives, and the Architect of the Capitol and any
activities under his/her direction).
Federal Disposal System (FEDS) is GSA's automated excess personal
property system. For additional information on using FEDS, access http:/
/pub.fss.gsa.gov/property/.
Flight Safety Critical Aircraft Part (FSCAP) is any aircraft part,
assembly, or installation containing a critical characteristic whose
failure, malfunction, or absence could cause a catastrophic failure
resulting in engine shut-down or loss or serious damage to the aircraft
resulting in an unsafe condition.
Foreign excess personal property is any U.S. owned excess personal
property located outside the United States (U.S.), the U.S. Virgin
Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
Grant means a type of assistance award and a legal instrument which
permits a Federal agency to transfer money, property, services or other
things of value to a grantee when no substantial involvement is
anticipated between the agency and the recipient during the performance
of the contemplated activity.
Hazardous personal property means property that is deemed a
hazardous material, chemical substance or mixture, or hazardous waste
under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C.
5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-
2609).
Holding agency means the Federal agency having accountability for,
and generally possession of, the property involved.
Intangible personal property means personal property in which the
existence and value of the property is generally represented by a
descriptive document rather than the property itself. Some examples are
patents, patent rights, processes, techniques, inventions, copyrights,
negotiable instruments, money orders, bonds, and shares of stock.
Life-limited aircraft part is an aircraft part that has a finite
service life expressed in either total operating hours, total cycles,
and/or calendar time.
Line item means a single line entry, on a reporting form or transfer
order, for items of property of the same type having the same
description, condition code, and unit cost.
Munitions List Items (MLIs) are commodities (usually defense
articles/defense services) listed in the International Traffic in Arms
Regulation (22 CFR part 121), published by the U.S. Department of State.
Nonappropriated fund activity means an activity or entity that is
not funded by money appropriated from the general fund of the U.S.
Treasury, such as post exchanges, ship stores, military officers' clubs,
veterans' canteens, and similar activities. Such property is not Federal
property.
Personal property means any property, except real property. For
purposes of this part, the term excludes records of the Federal
Government, and naval vessels of the following categories: battleships,
cruisers, aircraft carriers, destroyers, and submarines.
Project grant means a grant made for a specific purpose and with a
specific termination date.
[[Page 66]]
Property Act means the Federal Property and Administrative Services
Act of 1949 (63 Stat. 386), as amended.
Public agency means any State, political subdivision thereof,
including any unit of local government or economic development district;
any department, agency, or instrumentality thereof, including
instrumentalities created by compact or other agreement between States
or political subdivisions; multijurisdictional substate districts
established by or pursuant to State law; or any Indian tribe, band,
group, pueblo, or community located on a State reservation.
Related personal property means any personal property that is an
integral part of real property. It is:
(1) Related to, designed for, or specifically adapted to the
functional capacity of the real property and removal of this personal
property would significantly diminish the economic value of the real
property; or
(2) Determined by the Administrator of General Services to be
related to the real property.
Salvage means property that has value greater than its basic
material content but for which repair or rehabilitation is clearly
impractical and/or uneconomical.
Scrap means property that has no value except for its basic material
content.
Screening period means the period in which excess and surplus
personal property are made available for excess transfer or surplus
donation to eligible recipients.
Shelf-life item is any item that deteriorates over time or has
unstable characteristics such that a storage period must be assigned to
assure the item is issued within that period to provide satisfactory
performance. Management of such items is governed by part 101-27,
subpart 27.2, of this title and by DOD instructions, for executive
agencies and DOD respectively.
Surplus personal property (surplus) means excess personal property
no longer required by the Federal agencies as determined by GSA.
Surplus release date means the date when Federal screening has been
completed and the excess property becomes surplus.
Transfer with reimbursement means a transfer of excess personal
property between Federal agencies where the recipient is required to
pay, i.e. reimburse the holding agency, for the property.
Unit cost means the original acquisition cost of a single item of
property.
United States means all the 50 States and the District of Columbia.
Vessels means ships, boats and craft designed for navigation in and
on the water, propelled by oars or paddles, sail, or power.
Responsibility
Sec. 102-36.45 What are our responsibilities in the management of excess personal property?
(a) Agency procurement policies should require consideration of
excess personal property before authorizing procurement of new personal
property.
(b) You are encouraged to designate national and regional property
management officials to:
(1) Promote the use of available excess personal property to the
maximum extent practicable by your agency.
(2) Review and approve the acquisition and disposal of excess
personal property.
(3) Ensure that any agency implementing procedures comply with this
part.
(c) When acquiring excess personal property, you must:
(1) Limit the quantity acquired to that which is needed to
adequately perform the function necessary to support the mission of your
agency.
(2) Establish controls over the processing of excess personal
property transfer orders.
(3) Facilitate the timely pickup of acquired excess personal
property from the holding agency.
(d) While excess personal property you have acquired is in your
custody, or the custody of your non-Federal recipients and the
Government retains title, you and/or the non-Federal recipient must do
the following:
(1) Establish and maintain a system for property accountability.
(2) Protect the property against hazards including but not limited
to fire, theft, vandalism, and weather.
[[Page 67]]
(3) Perform the care and handling of personal property. ``Care and
handling'' includes completing, repairing, converting, rehabilitating,
operating, preserving, protecting, insuring, packing, storing, handling,
conserving, and transporting excess and surplus personal property, and
destroying or rendering innocuous property which is dangerous to public
health or safety.
(4) Maintain appropriate inventory levels as set forth in part 101-
27 of this title.
(5) Continuously monitor the personal property under your control to
assure maximum use, and develop and maintain a system to prevent and
detect nonuse, improper use, unauthorized disposal or destruction of
personal property.
(e) When you no longer need personal property to carry out the
mission of your program, you must:
(1) Offer the property for reassignment to other activities within
your agency.
(2) Promptly report excess personal property to GSA when it is no
longer needed by any activity within your agency for further reuse by
eligible recipients.
(3) Continue the care and handling of excess personal property while
it goes through the disposal process.
(4) Facilitate the timely transfer of excess personal property to
other Federal agencies or authorized eligible recipients.
(5) Provide reasonable access to authorized personnel for inspection
and removal of excess personal property.
(6) Ensure that final disposition complies with applicable
environmental, health, safety and national security regulations.
Sec. 102-36.50 May we use a contractor to perform the functions of excess personal property disposal?
Yes, you may use service contracts to perform disposal functions
that are not inherently Governmental, such as warehousing or custodial
duties. You are responsible for ensuring that the contractor conforms
with the requirements of the Property Act and the Federal Management
Regulation (41 CFR chapter 102), and any other applicable statutes and
regulations when performing these functions.
Sec. 102-36.55 What is GSA's role in the disposition of excess personal property?
In addition to developing and issuing regulations for the management
of excess personal property, GSA:
(a) Screens and offers available excess personal property to Federal
agencies and eligible non-Federal recipients.
(b) Approves and processes transfers of excess personal property to
eligible activities.
(c) Determines the amount of reimbursement for transfers of excess
personal property when appropriate.
(d) Conducts sales of surplus and exchange/sale personal property
when requested by an agency.
(e) Maintains an automated system, FEDS, to facilitate the reporting
and transferring of excess personal property.
Subpart B--Acquiring Excess Personal Property For Our Agency
Acquiring Excess
Sec. 102-36.60 Who is eligible to acquire excess personal property as authorized by the Property Act?
The following are eligible to acquire excess personal property:
(a) Federal agencies (for their own use or use by their authorized
contractors, cooperatives, and project grantees).
(b) The Senate.
(c) The House of Representatives.
(d) The Architect of the Capitol and any activities under his
direction.
(e) The DC Government.
(f) Mixed-ownership Government corporations as defined in 31 U.S.C.
9101.
Sec. 102-36.65 Why must we use excess personal property instead of buying new property?
Using excess personal property to the maximum extent practicable
maximizes the return on Government dollars spent and minimizes
expenditures for new procurement. Before purchasing new property, check
with the appropriate regional GSA Personal Property Management office or
access
[[Page 68]]
FEDS for any available excess personal property that may be suitable for
your needs. You must use excess personal property unless it would cause
serious hardship, be impractical, or impair your operations.
Sec. 102-36.70 What must we consider when acquiring excess personal property?
Consider the following when acquiring excess personal property:
(a) There must be an authorized requirement.
(b) The cost of acquiring and maintaining the excess personal
property (including packing, shipping, pickup, and necessary repairs)
does not exceed the cost of purchasing and maintaining new material.
(c) The sources of spare parts or repair/maintenance services to
support the acquired item are readily accessible.
(d) The supply of excess parts acquired must not exceed the life
expectancy of the equipment supported.
(e) The excess personal property will fulfill the required need with
reasonable certainty without sacrificing mission or schedule.
(f) You must not acquire excess personal property with the intent to
sell or trade for other assets.
Sec. 102-36.75 Do we pay for excess personal property we acquire from another Federal agency under a transfer?
(a) No, except for the situations listed in paragraph (b) of this
section, you do not pay for the property. However, you are responsible
for shipping and transportation costs. Where applicable, you may also be
required to pay packing, loading, and any costs directly related to the
dismantling of the property when required for the purpose of
transporting the property.
(b) You may be required to reimburse the holding agency for excess
personal property transferred to you (i.e., transfer with reimbursement)
when:
(1) Reimbursement is directed by GSA.
(2) The property was originally acquired with funds not appropriated
from the general fund of the Treasury or appropriated therefrom but by
law reimbursable from assessment, tax, or other revenue and the holding
agency requests reimbursement. It is executive branch policy that
working capital fund property shall be transferred without
reimbursement.
(3) The property was acquired with appropriated funds, but
reimbursement is required or authorized by law.
(4) You or the holding agency is the U.S. Postal Service (USPS).
(5) You are acquiring excess personal property for use by a project
grantee that is a public agency or a nonprofit organization and exempt
from taxation under 26 U.S.C. 501.
(6) You or the holding agency is the DC Government.
(7) You or the holding agency is a wholly owned or mixed-ownership
Government corporation as defined in the Government Corporation Control
Act (31 U.S.C. 9101-9110).
Sec. 102-36.80 How much do we pay for excess personal property on a transfer with reimbursement?
(a) You may be required to reimburse the holding agency the fair
market value when the transfer involves any of the conditions in
Sec. 102-36.75(b)(1) through (b)(4).
(b) When acquiring excess personal property for your project
grantees (Sec. 102-36.75(b)(5)), you are required to deposit into the
miscellaneous receipts fund of the U.S. Treasury an amount equal to 25
percent of the original acquisition cost of the property, except for
transfers under the conditions cited in Sec. 102-36.190.
(c) When you or the holding agency is the DC Government or a wholly
owned or mixed-ownership Government corporation (Sec. 102-36.75(b)(6) or
(b)(7)), you are required to reimburse the holding agency using fair
value reimbursement. Fair value reimbursement is 20 percent of the
original acquisition cost for new or unused property (i.e., condition
code 1), and zero percent for other personal property. Where
circumstances warrant, a higher fair value may be used if the agencies
concerned agree. Due to special circumstances or the unusual nature of
the property, the holding agency may use other criteria for establishing
fair value if approved or directed by GSA. You must refer any
disagreements to the appropriate regional
[[Page 69]]
GSA Personal Property Management office.
Sec. 102-36.85 Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?
Yes, you must pay for personal property disposed of under the
exchange/sale authority, in the amount required by the holding agency.
The amount of reimbursement is normally the fair market value.
Screening of Excess
Sec. 102-36.90 How do we find out what personal property is available as excess?
You may use the following methods to find out what excess personal
property is available:
(a) Check GSA's automated excess personal property system FEDS. For
information on FEDS access http://pub.fss.gsa.gov/property/.
(b) Contact or submit want lists to regional GSA Personal Property
Management offices.
(c) Check any available holding agency websites (see http://
www.policyworks.gov/surplus for a list of Federal agency websites.).
(d) Conduct on-site screening at various Federal facilities.
Sec. 102-36.95 How long is excess personal property available for screening?
The screening period for excess personal property is normally 21
calendar days. GSA may extend or shorten the screening period in
coordination with the holding agency. For screening timeframes for
Government property in the possession of contractors see the Federal
Acquisition Regulation (48 CFR part 45).
Sec. 102-36.100 When does the screening period start for excess personal property?
Screening starts when GSA receives the report of excess personal
property (see Sec. 102-36.230).
Sec. 102-36.105 Who is authorized to screen and where do we go to screen excess personal property on-site?
You may authorize your agency employees, contractors, or non-Federal
recipients that you sponsor to screen excess personal property. You may
visit Defense Reutilization and Marketing Offices (DRMOs) and DOD
contractor facilities to screen excess personal property generated by
the Department of Defense. You may also inspect excess personal property
at various civilian agency facilities throughout the United States.
Sec. 102-36.110 Do we need authorization to screen excess personal property?
(a) Yes, when entering a Federal facility, Federal agency employees
must present a valid Federal ID. Non-Federal individuals will need proof
of authorization from their sponsoring Federal agency in addition to a
valid picture identification.
(b) Entry on some Federal and contractor facilities may require
special authorization from that facility. Persons wishing to screen
excess personal property on such a facility must obtain approval from
that agency. Contact your regional GSA Personal Property Management
office for locations and accessibility.
Sec. 102-36.115 What information must we include in the authorization form for non-Federal persons to screen excess personal property?
(a) For non-Federal persons to screen excess personal property, you
must provide on the authorization form:
(1) The individual's name and the organization he/she represents;
(2) The period of time and location(s) in which screening will be
conducted; and
(3) The number and completion date of the applicable contract,
cooperative agreement, or grant.
(b) An authorized official of your agency must sign the
authorization form.
Sec. 102-36.120 What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?
You must do the following:
[[Page 70]]
(a) Ensure that the non-Federal screener certifies that any and all
property requested will be used for authorized official purpose(s).
(b) Maintain a record of the authorized screeners under your
authority, to include names, addresses and telephone numbers, and any
additional identifying information such as driver's license or social
security numbers.
(c) Retrieve any expired or invalid screener's authorization forms.
Processing Transfers
Sec. 102-36.125 How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?
(a) You must first contact the appropriate regional GSA Personal
Property Management office to assure the property is available to you.
Submit your request on a SF 122, Transfer Order Excess Personal
Property, to the region in which the property is located. For the types
of property listed in the table in paragraph (b) of this section, submit
the SF 122 to the corresponding GSA regions. You may submit the SF 122
manually or transmit the required information by electronic media (FEDS)
or any other transfer form specified and approved by GSA.
(b) For the following types of property, you must submit the SF 122
to the corresponding GSA regions:
------------------------------------------------------------------------
Type of property GSA region Location
------------------------------------------------------------------------
Aircraft......................... 9 FBP San Francisco, CA
94102.
Firearms......................... 7 FP-8 Denver, CO 80225.
Foreign Gifts.................... FBP Washington, DC
20406.
Forfeited Property............... 3 FP Washington, DC
20407.
Standard Forms................... 7 FMP Ft. Worth, TX 76102.
Vessels, civilian................ 4 FD Atlanta, GA 30365.
Vessels, DOD..................... 3 FPD Philadelphia, PA
19107.
------------------------------------------------------------------------
[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000]
Sec. 102-36.130 What are our responsibilities in processing transfer orders of excess personal property?
Whether the excess is for your use or for use by a non-Federal
recipient that you sponsor, you must:
(a) Ensure that only authorized Federal officials of your agency
sign the SF 122 prior to submission to GSA for approval.
(b) Ensure that excess personal property approved for transfer is
used for authorized official purpose(s).
(c) Advise GSA of names of agency officials that are authorized to
approve SF 122s, and notify GSA of any changes in signatory authority.
Sec. 102-36.135 How much time do we have to pick up excess personal property that has been approved for transfer?
When the holding agency notifies you that the property is ready for
removal, you normally have 15 calendar days to pick up the property,
unless otherwise coordinated with the holding agency.
Sec. 102-36.140 May we arrange to have the excess personal property shipped to its final destination?
Yes, when the holding agency agrees to provide assistance in
preparing the property for shipping. You may be required to pay the
holding agency any direct costs in preparing the property for shipment.
You must provide shipping instructions and the appropriate fund code for
billing purposes on the SF 122.
Direct Transfers
Sec. 102-36.145 May we obtain excess personal property directly from another Federal agency without GSA approval?
Yes, but only under the following situations:
(a) You may obtain excess personal property that has not yet been
reported to GSA, provided the total acquisition cost of the excess
property does not exceed $10,000 per line item. You must ensure that a
SF 122 is completed for the direct transfer and that an authorized
official of your agency signs the SF 122. You must provide a copy of the
SF 122 to the appropriate regional GSA office within 10 workdays from
the date of the transaction.
(b) You may obtain excess personal property exceeding the $10,000
per line item limitation, provided you first contact the appropriate
regional GSA Personal Property Management office for verbal approval of
a prearranged transfer. You must annotate the SF 122 with the name of
the GSA approving official and the date of the verbal approval,
[[Page 71]]
and provide a copy of the SF 122 to GSA within 10 workdays from the date
of transaction.
(c) You are subject to the requirement to pay reimbursement for the
excess personal property under a direct transfer when any of the
conditions in Sec. 102-36.75(b) applies.
(d) You may obtain excess personal property directly from another
Federal agency without GSA approval when that Federal agency has
statutory authority to dispose of such excess personal property and you
are an eligible recipient.
Subpart C--Acquiring Excess Personal Property for Non-Federal Recipients
Sec. 102-36.150 For which non-Federal activities may we acquire excess personal property?
Under the Property Act you may acquire and furnish excess personal
property for use by your nonappropriated fund activities, contractors,
cooperatives, and project grantees. You may acquire and furnish excess
personal property for use by other eligible recipients only when you
have specific statutory authority to do so.
Sec. 102-36.155 What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?
When acquiring excess personal property for use by a non-Federal
recipient, your authorized agency official must:
(a) Ensure the use of excess personal property by the non-Federal
recipient is authorized and complies with applicable Federal regulations
and agency guidelines.
(b) Determine that the use of excess personal property will reduce
the costs to the Government and/or that it is in the Government's best
interest to furnish excess personal property.
(c) Review and approve transfer documents for excess personal
property as the sponsoring Federal agency.
(d) Ensure the non-Federal recipient is aware of his obligations
under the FMR and your agency regulations regarding the management of
excess personal property.
(e) Ensure the non-Federal recipient does not stockpile the property
but places the property into use within a reasonable period of time, and
has a system to prevent nonuse, improper use, or unauthorized disposal
or destruction of excess personal property furnished.
(f) Establish provisions and procedures for property accountability
and disposition in situations when the Government retains title.
(g) Report annually to GSA excess personal property furnished to
non-Federal recipients during the year (see Sec. 102-36.295).
Sec. 102-36.160 What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?
Annotate on the SF 122, the name of the non-Federal recipient and
the contract, grant or agreement number, when applicable, and the
scheduled completion/expiration date of the contract, grant or
agreement. If the remaining time prior to the expiration date is less
than 60 calendar days, you must certify that the contract, grant or
agreement will be extended or renewed or provide other written
justification for the transfer.
Nonappropriated Fund Activities
Sec. 102-36.165 Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?
Yes, title to excess personal property furnished to a
nonappropriated fund activity remains with the Federal Government and
you are accountable for establishing controls over the use of such
excess property in accordance with Sec. 102-36.45(d). When such property
is no longer required by the nonappropriated fund activity, you must
reuse or dispose of the property in accordance with this part.
Sec. 102-36.170 May we transfer personal property owned by one of our nonappropriated fund activities?
Property purchased by a nonappropriated fund activity is not Federal
property. A nonappropriated fund activity has the option of making its
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privately owned personal property available for transfer to a Federal
agency, usually with reimbursement. If such reimbursable personal
property is not transferred to another Federal agency, it may be offered
for sale. Such property is not available for donation.
[65 FR 31218, May 16, 2000, as amended at 65 FR 33778, May 25, 2000]
Contractors
Sec. 102-36.175 Are there restrictions to acquiring excess personal property for use by our contractors?
Yes, you may acquire and furnish excess personal property for use by
your contractors subject to the criteria and restrictions in the Federal
Acquisition Regulation (48 CFR part 45). When such property is no longer
needed by your contractors or your agency, you must dispose of the
excess personal property in accordance with the provisions of this part.
Cooperatives
Sec. 102-36.180 Is there any limitation/condition to acquiring excess personal property for use by cooperatives?
Yes, you must limit the total dollar amount of property transfers
(in terms of original acquisition cost) to the dollar value of the
cooperative agreement. For any transfers in excess of such amount, you
must ensure that an official of your agency at a level higher than the
officer administering the agreement approves the transfer. The Federal
Government retains title to such property, except when provided by
specific statutory authority.
Project Grantees
Sec. 102-36.185 What are the requirements for acquiring excess personal property for use by our grantees?
You may furnish excess personal property for use by your grantees
only when:
(a) The grantee holds a Federally sponsored project grant;
(b) The grantee is a public agency or a nonprofit tax-exempt
organization under section 501 of the Internal Revenue Code of 1986 (26
U.S.C. 501);
(c) The property is for use in connection with the grant; and
(d) You pay 25 percent of the original acquisition cost of the
excess personal property, such funds to be deposited into the
miscellaneous receipts fund of the U.S. Treasury. Exceptions to paying
this 25 percent are provided in Sec. 102-36.190. Title to property vests
in the grantee when your agency pays 25 percent of the original
acquisition cost.
Sec. 102-36.190 Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?
No, you may acquire excess personal property for use by a project
grantee without paying the 25 percent fee when any of the following
conditions apply:
(a) The personal property was originally acquired from excess
sources by your agency and has been placed into official use by your
agency for at least one year. The Federal Government retains title to
such property.
(b) The property is furnished under section 203 of the Department of
Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest
Service in connection with cooperative State forest fire control
programs. The Federal Government retains title to such property.
(c) The property is furnished by the U.S. Department of Agriculture
to State or county extension services or agricultural research
cooperatives under 40 U.S.C. 483(d)(2)(E). The Federal Government
retains title to such property.
(d) The property is not needed for donation under part 101-44 of
this title, and is transferred under section 608 of the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2358). Title to such
property transfers to the grantee. (You need not wait until after the
donation screening period when furnishing excess personal property to
recipients under the Agency for International Development (AID)
Development Loan Program.)
(e) The property is scientific equipment transferred under section
11(e) of the National Science Foundation (NSF) Act of 1950, as amended
(42 U.S.C. 1870(e)). GSA will limit such transfers to property within
Federal Supply
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Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and
70. GSA may approve transfers without reimbursement for property under
other FSC groups when NSF certifies the item is a component of or
related to a piece of scientific equipment or is a difficult-to-acquire
item needed for scientific research. Regardless of FSC, GSA will not
approve transfers of common-use or general-purpose items without
reimbursement. Title to such property transfers to the grantee.
(f) The property is furnished in connection with grants to Indian
tribes, as defined in section 3(c) of the Indian Financing Act (24
U.S.C. 1452(c)). Title passage is determined under the authorities of
the administering agency.
Sec. 102-36.195 What type of excess personal property may we furnish to our project grantees?
You may furnish to your project grantees any property, except for
consumable items, determined to be necessary and usable for the purpose
of the grant. Consumable items are generally not transferable to project
grantees. GSA may approve transfers of excess consumable items when
adequate justification for the transfer accompanies such requests. For
the purpose of this section ``consumable items'' are items which are
intended for one-time use and are actually consumed in that one time;
e.g., drugs, medicines, surgical dressings, cleaning and preserving
materials, and fuels.
Sec. 102-36.200 May we acquire excess personal property for cannibalization purposes by the grantees?
Yes, subject to GSA approval, you may acquire excess personal
property for cannibalization purposes. You may be required to provide a
supporting statement that indicates disassembly of the item for
secondary use has greater benefit than utilization of the item in its
existing form and cost savings to the Government will result.
Sec. 102-36.205 Is there a limit to how much excess personal property we may furnish to our grantees?
Yes, you must monitor transfers of excess personal property so the
total dollar amount of property transferred (in original acquisition
cost) does not exceed the dollar value of the grant. Any transfers above
the grant amount must be approved by an official at an administrative
level higher than the officer administering the grant.
Subpart D--Disposition of Excess Personal Property
Sec. 102-36.210 Why must we report excess personal property to GSA?
You must report excess personal property to promote reuse by the
Government to enable Federal agencies to benefit from the continued use
of property already paid for with taxpayers' money, thus minimizing new
procurement costs. Reporting excess personal property to GSA helps
assure that the information on available excess personal property is
accessible and disseminated to the widest range of reuse customers.
Reporting Excess Personal Property