Donations To Service Educational Activities

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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