[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 6820-24-P
