[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Rules and Regulations]
[Pages 56089-56090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28261]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-44
[FPMR Amdt. H-200]
RIN 3090-AG77
Donations To Service Educational Activities
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: This document amends the regulation issued by GSA for
donations made to educational activities of special interest to the
armed services. The amendment is 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.
EFFECTIVE DATE: This rule is effective December 21, 1998.
FOR FURTHER INFORMATION CONTACT: Martha Caswell, Director, Personal
Property Management Policy Division (202-501-3846).
SUPPLEMENTARY INFORMATION: This rule finalizes the proposed amendments
to 41 CFR 101-44.4 that were published for comment at 63 FR 42310 on
August 7, 1998. Since no comments were received, the proposed revisions
are being issued as a final rule without change.
Under this rule, the SASPs will assume responsibilities that were
previously performed by the DOD including: (1) Distributing the donated
property to the 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 Secs. 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 Secs. 101-
44.400(c)(5) and 101-44.401(b) specifically state that regulatory
provisions at Secs. 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 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 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.
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 amends 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)).
2. Subpart 101-44.4 is revised to read as follows:
[[Page 56090]]
Subpart 101-44.4--Donations to Service Educational Activities
Sec.
101-44.400 What are the responsibilities of DOD, GSA, and State
agencies in the Service Educational Activity (SEA) donation program?
101-44.401 How is property for SEAs allocated and distributed?
101-44.402 May SEAs acquire non-DOD property?
101-44.403 What if a provision in this subpart conflicts with
another provision in this part 101-44?
Subpart 101-44.4--Donations to Service Educational Activities
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 Secs. 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 of this part, 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 Secs. 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 this part 101-44?
The provisions of this subpart shall prevail.
Dated: October 9, 1998.
David J. Barram,
Administrator of General Services.
[FR Doc. 98-28261 Filed 10-20-98; 8:45 am]
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