Federal property management: Utilization and disposal— Donations to service educational activities,

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Federal Register: October 21, 1998 (Volume 63, Number 203)Rules and RegulationsPage 56089-56090From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr21oc98-7

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-44

FPMR Amdt. H-200RIN 3090-AG77

Donations To Service Educational Activities

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final rule.

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. 98-28261Filed10-20-98; 8:45 amBILLING CODE 6820-24-P

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