[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16733]


[[Page Unknown]]

[Federal Register: July 13, 1994]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 362

RIN 3067-AB84

 

National Earthquake Hazards Reduction Program; Criteria for 
Acceptance of Gifts, Bequests, or Services

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: This final rule establishes criteria for determining whether 
the Director of FEMA may accept gifts, bequests or donations of 
services, money or property for the National Earthquake Hazards 
Reduction Program (NEHRP).

EFFECTIVE DATE: August 12, 1994.

FOR FURTHER INFORMATION CONTACT: Mary Summers Taylor, Mitigation 
Directorate, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-3079.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA or Agency) published a proposed rule, ``National Earthquake 
Hazards Reduction Program; Criteria for Acceptance of Gifts, Bequests, 
or Services,'' on July 9, 1992, 57 FR 30455. Comments from the public 
were invited but, since publication, none have been received. The 
Agency is now publishing the final rule with minor editorial changes in 
the preamble.
    Under 31 U.S.C. 1342, officers and employees of the United States 
Government may not accept voluntary services or employ personal 
services exceeding those authorized by law except for emergencies 
involving the safety of human life or the protection of property. 
Unless expressly authorized by law to do so, Federal officers and 
employees may not accept gifts or bequests of property or money. The 
general rule is that appropriations may not be augmented with funds or 
property from private sources unless specifically authorized by law.
    Under section 9 of the National Earthquake Hazards Reduction 
Program Reauthorization Act, 42 U.S.C. 7705c, the Director of FEMA may 
accept and use bequests, gifts, or donations of services, money or 
property. Section 9(b) of the Act requires the Director to establish by 
regulation criteria for accepting such bequests, gifts, or donations, 
and to take into consideration the impact of such acceptance on the 
Director's ability to conduct business fairly and objectively, or its 
impact on the integrity of the National Earthquake Hazards Reduction 
Program (NEHRP). This authority is similar to that granted by other 
statutes to other agencies in the NEHRP and the Federal Government.
    These regulations establish the required criteria for determining 
whether to accept bequests, gifts, or donations of services, money or 
property to further the purposes of the NEHRP.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements for environmental assessments of 44 
C.F.R. part 10, Environmental Consideration. No environmental impact 
assessment has been prepared.
    Regulatory Flexibility Act. I certify that this rule will not have 
a significant economic impact on a substantial number of small entities 
in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., because the rule states how FEMA will administer acceptance of 
gifts, bequests, or services, defines the criteria for acceptance of 
gifts, bequests, or services to the National earthquake Hazards 
Reduction Program, and is not expected (1) to have significant 
secondary or incidental effects on a substantial number of small 
entities, nor (2) to create any additional burden on small entities.
    Regulatory Planning and Review. This rule is not a significant 
regulatory action under Executive Order 12866 of September 30, 1994, 
Regulatory Planning and Review, 58 FR 51735. To the extent possible 
this final rule adheres to the principles of regulation as set forth in 
Executive Order 12866.
    Paperwork Reduction Act. This rule does not involve any collection 
of information for purposes of the Paperwork Reduction Act.
    Executive Order 12612, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 12612, 
Federalism, dated October 26, 1987.
    Executive Order 12778, Civil Justice Reform. This rule meets the 
applicable standards of section 2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 362

    Disaster assistance, Earthquakes, Government property.

    Accordingly, 44 CFR part 362 is added to read as follows:

PART 362--CRITERIA FOR ACCEPTANCE OF GIFTS, BEQUESTS, OR SERVICES

Sec.
362.1  Purpose.
362.2  Definitions.
362.3  Criteria for determining acceptance.

    Authority: 42 U.S.C. 7701, 7705c.


Sec. 362.1  Purpose.

    This part establishes criteria for determining whether the Director 
may accept gifts, bequests, or donations of services, money or property 
for the National Earthquake Hazards Reduction Program (NEHRP), under 
section 9 of the National Earthquake Hazards Reduction Program 
Reauthorization Act, 42 U.S.C. 7705c.


Sec. 362.2  Definitions.

    As used in this part--
    Gifts of property means a gratuitous, voluntary transfer or 
conveyance of ownership in property by one person to another without 
any consideration, including transfer by donation, devise or bequest.
    Gifts of services means a gratuitous, voluntary offer of labor or 
professional work by one person to another without any compensation for 
that labor or professional work.
    Program Agencies means the Federal Emergency Management Agency, the 
United States Geological Survey, the National Science Foundation, and 
the National Institute of Standards and Technology.
    Property means real or personal property, tangible or intangible, 
including money, certificates of stocks, bonds, or other evidence of 
value.
    Services means labor or professional work performed for the benefit 
of another or at another's command.
    Solicit means to endeavor to obtain by asking or pleading.


Sec. 362.3  Criteria for determining acceptance.

    The following criteria shall be applied whenever a gift of property 
or gift of services is offered to the Director for the benefit of the 
National Earthquake Hazards Reduction Program.
    (a) The gift of property or gift of services must clearly and 
directly further the objectives of the National Earthquake Hazards 
Reduction Program, as defined in 42 U.S.C. 7702.
    (b) All gifts of property must be offered unconditionally, with 
sole discretion of use, administration and disposition of such property 
to be determined by the Director or his designee.
    (c) The Director may accept and use gifts of services of voluntary 
and uncompensated personnel, and may provide transportation and 
subsistence as authorized by 5 U.S.C. 5703 for persons serving without 
compensation.
    (d) Employees of FEMA or the Program agencies may not solicit gifts 
of property, or gifts of services.
    (e) Acceptance of gifts of property, or gifts of services must 
first be approved by the Office of the General Counsel, FEMA, for 
conformance with all applicable laws and regulations.
    (f) In all cases where it is determined that the acceptance of a 
gift may create a conflict of interest, or the appearance of a conflict 
of interest, the gift will be declined.

    Dated: July 1, 1994.
James Lee Witt,
Director.
[FR Doc. 94-16733 Filed 7-12-94; 8:45 am]
BILLING CODE 6718-21-P