[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Rules and Regulations]
[Pages 8351-8352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4149]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-44

[FPMR Temp. Reg. H-30]
RIN 3090-AG63


Donation of Federal Surplus Personal Property to Nonprofit 
Providers of Assistance to Impoverished Families and Individuals

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Temporary regulation.

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SUMMARY: This regulation establishes policies and procedures for 
donating Federal surplus personal property to providers of assistance 
to impoverished families and individuals. It is issued to comply with 
section 1 of Public Law 105-50, which adds nonprofit providers to the 
list of organizations authorized to acquire property for educational or 
public health purposes.

DATES: Effective date: February 19, 1998.
    Expiration date: February 21, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Martha Caswell, Director, Personal 
Property Management Policy Division (202-501-3846).

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) 
has determined that this is not a significant rule for the purposes of 
Executive Order 12866.

Regulatory Flexibility Act

    This rule is not required to be published in the Federal Register 
for notice and comment. Therefore, the Regulatory Flexibility Act does 
not apply.

[[Page 8352]]

Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose recordkeeping or information collection requirements, or the 
collection of information from offerors, contractors, or members of the 
public which require the approval of OMB under 44 U.S.C. 3501-3520. 
This rule also is exempt from Congressional review prescribed under 5 
U.S.C. 801 since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Part 101-44

    Government property management, Reporting requirements, Surplus 
government property.

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

    In 41 CFR Chapter 101, the following temporary regulation is added 
to the appendix at the end of Subchapter H to read as follows:

General Services Administration

Washington, DC 20405

Federal Property Management Regulations, Temporary Regulation H-30

To: Heads of Federal agencies
Subject: Donation of Federal surplus personal property to nonprofit 
providers of assistance to impoverished families and individuals
    1. Purpose. This regulation expands eligibility for the Federal 
surplus personal property donation program to include nonprofit 
organizations that provide food, clothing, housing, or other 
assistance to families or individuals with incomes below the poverty 
line.
    2. Effective date. This regulation is effective upon publication 
in the Federal Register.
    3. Expiration date. This regulation expires 2 years from the 
effective date. Prior to the expiration date, this regulation will 
be codified in a new regulation named the Federal Property and 
Administrative Services Regulation (FPASR). The FPASR will replace 
the Federal Property Management Regulations and appear in 41 CFR 
Chapter 102.
    4. Applicability. The provisions of this regulation apply to all 
State agencies as defined in FPMR 101-44.001-14. Such agencies must 
follow this regulation and other guidelines in FPMR 101-44.207 when 
determining an applicant's eligibility as a nonprofit provider.
    5. Background. Section 1 of Public Law 105-50, signed by the 
President on October 6, 1997, amended section 203(j)(3)(B) of the 
Federal Property and Administrative Services Act of 1949, as 
amended, to add nonprofit organizations that provide assistance to 
the impoverished to the list of organizations eligible to acquire 
surplus personal property for educational or public health purposes. 
Legislative history indicates the intent of this section was to 
provide surplus property eligibility to charitable organizations 
such as food banks, Habitat for Humanity, and the Salvation Army. 
See 143 Cong. Rec. H1941 (daily ed. April 29, 1997) (statement of 
Rep. Horn). These groups provide goods and services that contribute 
to the educational growth or general health and well-being of 
individuals and families below the poverty line. FPMR 101-44.207 is 
amended to make such providers eligible for Federal surplus personal 
property donations.
    6. Explanation of changes. Section 101-44.207 is amended by 
adding paragraph (a)(18.2) and revising paragraph (c) to read as 
follows:

Sec. 101-44.207  Eligibility.

* * * * *
    (a) * * *
    (18.2)  Provider of assistance to impoverished families and 
individuals means a public or private, nonprofit tax-exempt 
organization whose primary function is to provide money, goods, or 
services to families or individuals whose annual incomes are below 
the poverty line (as defined in section 673 of the Community 
Services Block Grant Act) (42 U.S.C. 9902). Providers include food 
banks, self-help housing groups, and organizations providing 
services such as the following: Health care; medical transportation; 
scholarships and tuition assistance; tutoring and literacy 
instruction; job training and placement; employment counseling; 
child care assistance; meals or other nutritional support; clothing 
distribution; home construction or repairs; utility or rental 
assistance; and legal counsel.
* * * * *
    (c) Eligibility of nonprofit tax-exempt activities. Surplus 
personal property may be donated through the State agency to 
nonprofit tax-exempt activities, as defined in this section, within 
the State, such as:
    (1) Medical institutions;
    (2) Hospitals;
    (3) Clinics;
    (4) Health centers;
    (5) Providers of assistance to homeless individuals;
    (6) Providers of assistance to impoverished families and 
individuals;
    (7) Schools;
    (8) Colleges;
    (9) Universities;
    (10) Schools for the mentally retarded;
    (11) Schools for the physically handicapped;
    (12) Child care centers;
    (13) Radio and television stations licensed by the Federal 
Communications Commission as educational radio or educational 
television stations;
    (14) Museums attended by the public;
    (15) Libraries, serving free all residents of a community, 
district, State or region; or
    (16) Organizations or institutions that receive funds 
appropriated for programs for older individuals under the Older 
Americans Act of 1965, as amended, under title IV and title XX of 
the Social Security Act, or under titles VIII and X of the Economic 
Opportunity Act of 1964 and the Community Services Block Grant Act. 
Programs for older individuals include services that are necessary 
for the general welfare of older individuals, such as social 
services, transportation services, nutrition services, legal 
services, and multipurpose senior centers.
    7. Effect on other directives. This regulation modifies the 
regulations appearing in paragraphs (a) and (c) of FPMR 101-44.207.

    Dated: February 5, 1998.
Thurman M. Davis, Sr.,
Acting Administrator of General Services.
[FR Doc. 98-4149 Filed 2-18-98; 8:45 am]
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