[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Proposed Rules]
[Pages 42310-42311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21132]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-44

RIN 3090-AG77


Donations to Service Educational Activities

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend the regulation issued by GSA 
for donations made to educational activities of special interest to the 
armed services. The changes are necessary to comply with subsection 
203(j)(2) of the Federal Property and Administrative Services Act of 
1949, as amended. Subsection 203(j)(2) requires all donations of 
surplus property under the control of the Department of Defense (DOD) 
to service educational activities (SEAs) to be made through State 
Agencies for Surplus Property (SASPs). Currently, SEAs acquire property 
directly from DOD disposal facilities.

DATES: Submit comments on or before September 8, 1998.

ADDRESSES: Mail comments to the Personal Property Management Policy 
Division (MTP), Office of Governmentwide Policy, General Services 
Administration, 1800 F Street, NW, Washington, DC 20405.

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

SUPPLEMENTARY INFORMATION: Under this rule, the SASPs will assume 
responsibilities that were previously performed by the DOD including: 
(1) distributing the donated property to the

[[Page 42311]]

SEAs; (2) conducting utilization surveys and reviews during the period 
of restriction to ensure that donated property is being used by the SEA 
donees for the purposes for which it was donated; and (3) monitoring 
compliance by the SEA donees with the conditions specified in Sec. 101-
44.208 (except for Sec. Sec. 101-44.208(a)(3) and (4)).
    Additionally, it is important to note that the SEAs are not subject 
to any additional terms, conditions, reservations, or restrictions 
imposed by the SASPs. This exemption is provided by subsection 
203(j)(4)(E) of the Federal Property and Administrative Services Act of 
1949, as amended (40 U.S.C. 484(j)(4)(E)). Therefore, new proposed FPMR 
subsections 101-44.400(c)(5) and 101-44.401(b) specifically state that 
regulatory provisions at FPMR 101-44.208(a)(3) and (4) governing the 
imposition by SASPs of additional terms, conditions, reservations, or 
restrictions do not apply to donations of surplus DOD personal property 
to eligible SEAs.
    This proposed rule is not a major rule for the purposes of 
Executive Order 12866. This rule is not required to be published in the 
Federal Register for notice and comment. Therefore, the Regulatory 
Flexibility Act does not apply.
    The Paperwork Reduction Act does not apply because the proposed 
revisions do 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.
    The rule is written in a new, simpler to read and understand, 
question and answer format. In the new format, a question and its 
answer combine to establish a rule. This means the employee and the 
agency must follow the language contained in both the question and its 
answer.

List of Subjects in 41 CFR Part 101-44

    Government property management, Reporting requirements, Surplus 
Government property.

    For the reasons stated in the preamble, GSA proposes to amend 41 
CFR Part 101-44 as follows:

PART 101-44--DONATION OF PERSONAL PROPERTY

    1. The authority citation for 41 CFR Part 101-44 continues to read 
as follows:

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

Subpart 101-44.4--Donations to Service Educational Activities

    2. Subpart 101-44.4 is revised to read as follows:

Sec.
Sec. 101-44.400  What are the responsibilities of DOD, GSA, and 
State agencies in the Service Educational Activity (SEA) donation 
program?
Sec. 101-44.401  How is property for SEAs allocated and distributed?
Sec. 101-44.402  May SEAs acquire non-DOD property?
Sec. 101-44.403  What if a provision in this subpart conflicts with 
another provision in Part 101-44?


Sec. 101-44.400  What are the responsibilities of DOD, GSA, and State 
agencies in the Service Educational Activity (SEA) donation program?

    (a) Department of Defense. The Secretary of Defense is responsible 
for:
    (1) Determining the types of surplus personal property under DOD 
control that are usable and necessary for SEAs.
    (2) Setting eligibility requirements for SEAs and making 
eligibility determinations.
    (3) Providing surplus personal property under the control of DOD 
for transfer by GSA to State agencies for distribution to SEAs.
    (b) General Services Administration. The Administrator of General 
Services is responsible for transferring surplus personal property 
designated by DOD to State agencies for donation to eligible SEAs.
    (c) State agencies. State agency directors are responsible for:
    (1) Verifying that an activity seeking to obtain surplus DOD 
personal property is an SEA designated as eligible by DOD to receive 
surplus personal property.
    (2) Locating, screening, and acquiring from GSA surplus DOD 
personal property usable and necessary for SEA purposes.
    (3) Distributing surplus DOD property fairly and equitably among 
SEAs and other eligible donees in accordance with established criteria.
    (4) Keeping a complete and accurate record of all DOD property 
distributed to SEAs and furnishing GSA this information as required in 
Sec. 101-44.4701(e).
    (5) Monitoring compliance by SEA donees with the conditions 
specified in Sec. 101-44.208 (except Sec. Sec. 101-44.208(a)(3) and 
(4), which do not apply to donations of surplus DOD personal property 
to SEAs).


Sec. 101-44.401  How is property for SEAs allocated and distributed?

    (a) Allocations. GSA will make allocations in accordance with 
subpart 101-44.2, unless DOD requests that property be allocated 
through a State agency for donation to a specific SEA. Those requests 
will be honored unless a request is received from an applicant with a 
higher priority.
    (b) Distributions. State agencies must observe all the provisions 
of Sec. 101-44.208, except Sec. Sec. 101-44.208(a)(3) and (4), when 
distributing surplus DOD personal property to eligible SEAs.


Sec. 101-44.402  May SEAs acquire non-DOD property?

    Generally no. Surplus property generated by Federal civil agencies 
is not eligible for donation to SEAs, unless the SEAs also qualify 
under Sec. 101-44.207 to receive donations of surplus personal 
property.


Sec. 101-44.403  What if a provision in this subpart conflicts with 
another provision in Part 101-44?

    The provisions of this subpart shall prevail.

    Dated: August 3, 1998.
G. Martin Wagner,
Associate Administrator for Governmentwide Policy.
[FR Doc. 98-21132 Filed 8-6-98; 8:45 am]
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