[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28355-28356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13236]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2544
RIN 3045-AA13
Solicitation and Acceptance of Donated Property and Services.
AGENCY: Corporation for National and Community Service.
ACTION: Final rule.
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SUMMARY: The Corporation for National Service (the Corporation) is
issuing uniform rules and regulations regarding the solicitation and
acceptance or rejection of property and services. Pursuant to the
National and Community Service Act of 1990, as amended, the Corporation
has the authority to solicit and accept donations. The Corporation is
adopting these rules and regulations to eliminate the possibility of
confusion for individuals who wish to donate property or services to
the Corporation. In addition, the Corporation wants to insure that no
situations arise involving a real or apparent conflict of interest with
respect to a donation or an individual or group who offers a donation.
EFFECTIVE DATE: May 31, 1995.
FOR FURTHER INFORMATION CONTACT: Stewart Davis, Office of the General
Counsel, The Corporation for National Service, 1201 New York Ave. NW.,
Washington DC, 20525. (202) 606-5000 x. 265.
SUPPLEMENTARY INFORMATION: The Corporation published in the Federal
Register on April 7, 1995 (60 FR 17761) a notice of proposed rule
making on the Solicitation and Acceptance of Donated Property and
Services. The proposed rule established uniform rules and regulations
regarding the solicitation and acceptance or rejection of property and
services. The Corporation did not receive any comments in response to
the April 7, 1995, notice. Accordingly, the Corporation is submitting
the regulations as a Final Rule.
Miscellaneous Requirements
The Corporation has determined that this is not a ``significant
regulatory action'' within the meaning of Executive Order 12866 and
accordingly this rule has not been reviewed by the Office of Management
and Budget. This rule will not have a substantial impact on a
significant number of small entities, thus a regulatory flexibility
analysis has not been prepared pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq. Because this rule does not involve collection
of information or impose record keeping requirements, the Paperwork
Reduction Act of 1980 does not apply. The Corporation has determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment pursuant to
Executive Order 12612. In addition, the Corporation has determined that
implementation of this action will not have any significant impact on
the quality of the human environment pursuant to the National
Environmental Policy Act.
List of Subjects in 45 CFR Part 2544
Administrative practice and procedure, Gifts to government,
Government property.
Dated: May 24, 1995.
Terry Russell,
General Counsel, Corporation for National Service.
Accordingly, as set forth in the preamble, the Corporation amends
title 45, chapter XXV of the Code of Federal Regulations by adding part
2544 to read as follows:
PART 2544--SOLICITATION AND ACCEPTANCE OF DONATIONS
Sec.
2544.100 What is the purpose of this part?
2544.105 What is the legal authority for soliciting and accepting
donations to the Corporation?
2544.110 What definitions apply to terms used in this part?
2544.115 Who may offer a donation?
2544.120 What personal services from a volunteer may be solicited
and accepted?
2544.125 Who has the authority to solicit and accept or reject a
donation?
2544.130 How will the Corporation determine whether to solicit or
accept a donation?
2544.135 How should an offer of a donation be made?
2544.140 How will the Corporation accept or reject an offer?
2544.145 What will be done with property that is not accepted?
2544.150 How will accepted donations be recorded and used?
Authority: 42 U.S.C. 12501 et seq.
Sec. 2544.100 What is the purpose of this part?
This part establishes rules to ensure that the solicitation,
acceptance, holding, administration, and use of property and services
donated to the Corporation:
(a) Will not reflect unfavorably upon the ability of the
Corporation or its officers and employees, to carry out their official
duties and responsibilities in a fair and objective manner; and
(b) Will not compromise the integrity of the Corporation's programs
or its officers and employees involved in such programs.
Sec. 2544.105 What is the legal authority for soliciting and accepting
donations to the Corporation?
Section 196(a) of the National and Community Service Act of 1990,
as amended (42 U.S.C. 12651g(a)).
Sec. 2544.110 What definitions apply to terms used in this part?
(a) Donation means a transfer of money, property, or services to or
for the use of the Corporation by gift, devise, bequest, or other
means.
(b) Solicitation means a request for a donation.
(c) Volunteer means an individual who donates his/her personal
service to the Corporation to assist the Corporation in carrying out
its duties under the national service laws, but who is not a
participant in a program funded or sponsored by the Corporation under
the National and Community Service Act of 1990, as amended. Such
individual is not subject to provisions of law related to Federal
employment, including those relating to hours of work, rates of
compensation, leave, unemployment compensation and Federal employee
benefits, except that--
(1) Volunteers will be considered Federal employees for the purpose
of the tort claims provisions of 28 U.S.C. chapter 171; [[Page 28356]]
(2) Volunteers will be considered Federal employees for the
purposes of 5 U.S.C. chapter 81, subchapter I, relating to compensation
to Federal employees for work injuries; and
(3) Volunteers will be considered special Government employees for
the purpose of ethics and public integrity under the provisions of 18
U.S.C. chapter 11, part I, and 5 CFR chapter XVI, subchapter B.
(d) Inherently governmental function means any activity that is so
intimately related to the public interest as to mandate performance by
an officer or employee of the Federal Government, including an activity
that requires either the exercise of discretion in applying the
authority of the Government or the use of value judgment in making a
decision for the Government.
Sec. 2544.115 Who may offer a donation?
Anyone, including an individual, group of individuals,
organization, corporation, or association may offer a donation to the
Corporation.
Sec. 2544.120 What personal services from a volunteer may be solicited
and accepted?
A donation in the form of personal services from a volunteer may be
solicited and accepted to assist the Corporation in carrying out its
duties. However, volunteers may not perform an inherently governmental
function.
Sec. 2544.125 Who has the authority to solicit and accept or reject a
donation?
The Chief Executive Officer (CEO) of the Corporation has the
authority to solicit, accept, or reject a donation offered to the
Corporation and to make the determinations described in Sec. 2544.130
(c) and (d). The CEO may delegate this authority in writing to other
officials of the Corporation.
Sec. 2544.130 How will the Corporation determine whether to solicit or
accept a donation?
(a) The Corporation will solicit and accept a donation only for the
purpose of furthering the mission and goals of the Corporation.
(b) In order to be accepted, the donation must be economically
advantageous to the Corporation, considering foreseeable expenditures
for matters such as storage, transportation, maintenance, and
distribution.
(c) An official or employee of the Corporation will not solicit or
accept a donation if the solicitation or acceptance would present a
real or apparent conflict of interest. An apparent conflict of interest
is presented if the solicitation or acceptance would raise a question
in the mind of a reasonable person, with knowledge of the relevant
facts, about the integrity of the Corporation's programs or operations.
(d) The Corporation will determine whether a conflict of interest
exists by considering any business relationship, financial interest,
litigation, or other factors that may indicate such a conflict.
Donations of property or voluntary services may not be solicited or
accepted from a source which:
(1) Is a party to a grant or contract with the Corporation or is
seeking to do business with the Corporation;
(2) Has pecuniary interests that may be substantially affected by
performance or nonperformance of the Corporation; or
(3) Is an organization a majority of whose members are described in
paragraphs (d)(1) and (2) of this section.
(e) Any solicitation or offer of a donation that raises a question
or concern of a potential, real, or apparent conflict of interest will
be forwarded to the Corporation's Designated Ethics Official for an
opinion.
Sec. 2544.135 How should an offer of a donation be made?
(a) In general, an offer of donation should be made by providing a
letter of tender that offers a donation. The letter should be directed
to an official authorized to accept donations, describe the property or
service offered, and specify any purpose for, or condition on, the use
of the donation.
(b) If an offer is made orally, the Corporation will send a letter
of acknowledgment to the offeror. If the donor is anonymous, the
Corporation will prepare a memorandum to the file acknowledging receipt
of a tendered donation and describing the donation including any
special terms or conditions.
(c) Only those employees or officials with expressed notice of
authority may accept donations on behalf of the Corporation. If an
offer is directed to an unauthorized employee or official of the
Corporation, that person must immediately forward the offer to an
appropriate official for disposition.
Sec. 2544.140 How will the Corporation accept or reject an offer?
(a) In general, the Corporation will respond to an offer of a
donation in writing and include in the response:
(1) An acknowledgment of receipt of the offer;
(2) A brief description of the offer and any purpose or condition
that the offeror specified for the use of the donation;
(3) A statement either accepting or rejecting the donation; and
(4) A statement informing the donor that any acceptance of services
or property can not be used in any manner, directly or indirectly, that
endorses the donor's products or services or appears to benefit the
financial interests or business goals of the donor.
(b) If a purpose or condition for the use of the donation specified
by the offeror can not be accommodated, the Corporation may request the
offeror to modify the terms of the donation.
Sec. 2544.145 What will be done with property that is not accepted?
In general, property offered to the Corporation but not accepted
will be returned to the offeror. If the offeror is unknown or the
donation would spoil if returned, the property will either be disposed
of in accordance with Federal Property Management regulations (41 CFR
chapter 101) or given to local charities determined by the Corporation.
Sec. 2544.150 How will accepted donations be recorded and used?
(a) All accepted donations of money and other property will be
reported to the Chief Financial Officer (CFO) of the Corporation for
recording and appropriate disposition.
(b) All donations of personal services of a volunteer will be
reported to the CFO and to the Personnel Division of the Corporation
for processing and documentation.
(c) Donations not designated for a particular purpose will be used
for an authorized purpose described in Sec. 2544.125.
(d) Property will be used as nearly as possible in accordance with
the terms of the donation. If no terms are specified, or the property
can no longer be used for its original purpose, the property will be
converted to another authorized use or sold in accordance with Federal
regulations. The proceeds of the sale will be used for an authorized
purpose described in Sec. 2544.125.
[FR Doc. 95-13236 Filed 5-30-95; 8:45 am]
BILLING CODE 6050-28-P