[Federal Register: July 24, 2000 (Volume 65, Number 142)]
[Rules and Regulations]               
[Page 45539-45543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy00-15]                         

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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-49 and 102-42

[FPMR Amendment H-206]
RIN 3090-AH09

 
Utilization, Donation, and Disposal of Foreign Gifts and 
Decorations

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is revising the 
Federal Property Management Regulations (FPMR) by moving coverage on 
the utilization, donation, and disposal of foreign gifts and 
decorations into the Federal Management Regulation (FMR). A cross-
reference is added to the FPMR to direct readers to the coverage in the 
FMR. The FMR is written in plain language to provide agencies with 
updated regulatory material that is easy to read and understand.

EFFECTIVE DATE: July 24, 2000.

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

SUPPLEMENTARY INFORMATION:

A. Background

    The purpose of this final rule is to update, streamline, and 
clarify part 101-49 and move the part into the Federal Management 
Regulation (FMR). The rule is written in a plain language question and 
answer format. In this 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.

B. Executive Order 12866

    GSA has determined that this final rule is not a significant rule 
for the purposes of Executive Order 12866 of September 30, 1993.

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for notice and comment, therefore the Regulatory Flexibility 
Act, 5 U.S.C. 601, et seq. does not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final 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 the Office of Management 
and Budget (OMB) under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is exempt from Congressional review prescribed 
under 5 U.S.C. 801 since it relates solely to agency management and 
personnel.

List of Subjects in 41 CFR Parts 101-49 and 102-42

    Conflict of interests, Decorations, medals, awards, Foreign 
relations, Government property, Government property management.

    For the reasons set forth in the preamble, GSA amends 41 CFR 
chapters 101 and 102 as follows:

CHAPTER 101--[AMENDED]

    1. Part 101-49 is revised to read as follows:

PART 101-49--UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS 
AND DECORATIONS

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 
515, 91 Stat. 862 (5 U.S.C. 7342).


Sec. 101-49.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on utilization, donation, and disposal of foreign 
gifts and decorations previously contained in this part, see FMR part 
42 (41 CFR part 102-42).

CHAPTER 102--[AMENDED]

    2. Part 102-42 is added to subchapter B of chapter 102 to read as 
follows:

PART 102-42--UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS 
AND DECORATIONS

Subpart A--General Provisions

Sec.
102-42.5   What does this part cover?

Definitions

102-42.10   What definitions apply to this part?

Care, Handling and Disposition

102-42.15   Under what circumstances may an employee retain a 
foreign gift or decoration?
102-42.20   What is the typical disposition process for gifts and 
decorations that employees are not authorized to retain?
102-42.25   Who retains custody of gifts and decorations pending 
disposal?
102-42.30   Who is responsible for the security, care and handling, 
and delivery of gifts and decorations to GSA, and all costs 
associated with such functions?
102-42.35   Can the employing agency be reimbursed for transfers of 
gifts and decorations?

Appraisals

102-42.40   When is a commercial appraisal necessary?
102-42.45   Who obtains a commercial appraisal?
102-42.50   Is there a special format for a commercial appraisal?
102-42.55   What does the employing agency do with the appraisal?

Special Disposals

102-42.60   Who is responsible for gifts and decorations received by 
Senators and Senate employees?
102-42.65   What happens if the Commission on Art and Antiquities 
does not dispose of a gift or decoration?
102-42.70   Who handles gifts and decorations received by the 
President or a member of the President's family?
102-42.75   How are gifts containing hazardous materials handled?
Subpart B--Utilization of Foreign Gifts and Decorations
102-42.80   To whom do ``we'', ``you'', and their variants refer?
102-42.85   What gifts or decorations must we report to GSA?
102-42.90   What is the requirement for reporting gifts or 
decorations that were retained for official use but are no longer 
needed?
102-42.95   How do we report gifts and decorations as excess 
personal property?
102-42.100   How can we obtain an excess gift or decoration from 
another agency?
102-42.105   What special information must be included on the 
transfer request (SF 122)?
102-42.110   How must we justify a transfer request?
102-42.115   What must we do when the transferred gifts and 
decorations are no longer required for official use?
Subpart C--Donation of Foreign Gifts and Decorations
102-42.120   When may gifts or decorations be donated to State 
agencies?
102-42.125   How is donation of gifts or decorations accomplished?
102-42.130   Are there special requirements for the donation of 
gifts and decorations?
Subpart D--Sale or Destruction of Foreign Gifts and Decorations
102-42.135   Whose approval must be obtained before a foreign gift 
or decoration is offered for public sale?
102-42.140   How is a sale of a foreign gift or decoration to an 
employee conducted?
102-42.145   When is public sale of a foreign gift or decoration 
authorized?
102-42.150   What happens to proceeds from sales?
102-42.155   Can foreign gifts or decorations be destroyed?


[[Page 45540]]


    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 
515, 91 Stat. 862 (5 U.S.C. 7342).

Subpart A--General Provisions


Sec. 102-42.5  What does this part cover?

    This part covers the acceptance, utilization, donation, and 
disposal of gifts and decorations from foreign governments under 5 
U.S.C. 7342. If you receive gifts other than from a foreign government 
you should refer to Sec. 102-36.405.

Definitions


Sec. 102-42.10  What definitions apply to this part?

    The following definitions apply to this part:
    Decoration means an order, device, medal, badge, insignia, emblem, 
or award offered by or received from a foreign government.
    Employee means:
    (1) An employee as defined by 5 U.S.C. 2105 and an officer or 
employee of the United States Postal Service or of the Postal Rate 
Commission;
    (2) An expert or consultant who is under contract under 5 U.S.C. 
3109 with the United States or any agency, department, or establishment 
thereof, including, in the case of an organization performing services 
under that section, any individual involved in the performance of such 
services;
    (3) An individual employed by or occupying an office or position in 
the government of a territory or possession of the United States or the 
government of the District of Columbia;
    (4) A member of a uniformed service as specified in 10 U.S.C 101;
    (5) The President and the Vice President;
    (6) A Member of Congress as defined by 5 U.S.C. 2106 (except the 
Vice President) and any Delegate to the Congress; and
    (7) The spouse of an individual described in paragraphs (1) through 
(6) of this definition of employee (unless this individual and his or 
her spouse are separated) or a dependent (within the meaning of section 
152 of the Internal Revenue Code of 1986 (26 U.S.C. 152)) of this 
individual, other than a spouse or dependent who is an employee under 
paragraphs (1) through (6) of this definition of employee.
    Employing agency means:
    (1) The department, agency, office, or other entity in which an 
employee is employed, for other legislative branch employees and for 
all executive branch employees;
    (2) The Committee on Standards of Official Conduct of the House of 
Representatives, for Members and employees of the House of 
Representatives, except that those responsibilities specified in 5 
U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) must be carried out by the 
Clerk of the House;
    (3) The Select Committee on Ethics of the Senate, for Senators and 
employees of the Senate, except that those responsibilities (other than 
responsibilities involving approval of the employing agency) specified 
in 5 U.S.C. 7342(c)(2), (d), and (g)(2)(B) must be carried out by the 
Secretary of the Senate; and
    (4) The Administrative Offices of the United States Courts, for 
judges and judicial branch employees.
    Foreign government means:
    (1) Any unit of foreign government, including any national, State, 
local, and municipal government and their foreign equivalents;
    (2) Any international or multinational organization whose 
membership is composed of any unit of a foreign government; and
    (3) Any agent or representative of any such foreign government unit 
or organization while acting as such.
    Gift means a monetary or non-monetary present (other than a 
decoration) offered by or received from a foreign government. A 
monetary gift includes anything that may commonly be used in a 
financial transaction, such as cash or currency, checks, money orders, 
bonds, shares of stock, and other securities and negotiable financial 
instruments.
    Minimal value means a retail value in the United States at the time 
of acceptance of $260 or less, except that:
    (1) GSA will adjust the definition of minimal value in regulations 
prescribed by the Administrator of General Services every three years, 
in consultation with the Secretary of State, to reflect changes in the 
consumer price index for the immediately preceding 3-year period; and
    (2) Regulations of an employing agency may define minimal value for 
its employees to be less, but not more than, the value provided under 
this definition.

Care, Handling and Disposition


Sec. 102-42.15  Under what circumstances may an employee retain a 
foreign gift or decoration?

    Employees, with the approval of their employing agencies, may 
accept and retain:
    (a) Gifts of minimal value received as souvenirs or marks of 
courtesy. When a gift of more than minimal value is accepted, the gift 
becomes the property of the U.S. Government, not the employee, and must 
be reported.
    (b) Decorations that have been offered or awarded for outstanding 
or unusually meritorious performance. If the employing agency 
disapproves retention of the decoration by the employee, the decoration 
becomes the property of the U.S. Government.


Sec. 102-42.20  What is the typical disposition process for gifts and 
decorations that employees are not authorized to retain?

    (a) Non-monetary gifts or decorations. When an employee receives a 
non-monetary gift above the minimal value or a decoration that he/she 
is not authorized to retain:
    (1) The employee must report the gift or decoration to his/her 
employing agency within 60 days after accepting it.
    (2) The employing agency determines if it will keep the gift or 
decoration for official use.
    (3) If it does not return the gift or decoration to the donor or 
keep it for official use, the employing agency reports it as excess 
personal property to GSA for Federal utilization screening under 
Sec. 102-42.95.
    (4) If GSA does not transfer the gift or decoration during
    Federal utilization screening, the employee may purchase the gift 
or decoration (see Sec. 102-42.140).
    (5) If the employee declines to purchase the gift or decoration, 
and there is no Federal requirement for either, GSA may offer it for 
donation through State Agencies for Surplus Property (SASP) under part 
101-44 of this title.
    (6) If no SASP requests the gift or decoration for donation, GSA 
may offer it for public sale, with the approval of the Secretary of 
State, or will authorize the destruction of the gift or decoration 
under part 101-45 of this title.
    (b) Monetary gifts. When an employee receives a monetary gift above 
the minimal value:
    (1) The employee must report the gift to his/her employing agency 
within 60 days after accepting it.
    (2) The employing agency must:
    (i) Report a monetary gift with possible historic or numismatic 
(i.e., collectible) value to GSA; or
    (ii) Deposit a monetary gift that has no historic or numismatic 
value with the Department of the Treasury.


Sec. 102-42.25  Who retains custody of gifts and decorations pending 
disposal?

    (a) The employing agency retains custody of gifts and decorations 
that employees have expressed an interest in purchasing.
    (b) GSA will accept physical custody of gifts above the minimal 
value, which

[[Page 45541]]

employees decline to purchase, or decorations that are not retained for 
official use or returned to donors.

    Note to Sec. 102-42.25(b): GSA will not accept physical custody 
of foreign gifts of firearms. Firearms reported by the agency as 
excess must be disposed of in accordance with part 101-42 of this 
title.

Sec. 102-42.30  Who is responsible for the security, care and handling, 
and delivery of gifts and decorations to GSA, and all costs associated 
with such functions?

    The employing agency is responsible for the security, care and 
handling, and delivery of gifts and decorations to GSA, and all costs 
associated with such functions.


Sec. 102-42.35  Can the employing agency be reimbursed for transfers of 
gifts and decorations?

    No, all transfers of gifts and decorations to Federal agencies or 
donation through SASPs will be without reimbursement. However, the 
employing agency may require the receiving agency to pay all or part of 
the direct costs incurred by the employing agency in packing, 
preparation for shipment, loading, and transportation.

Appraisals


Sec. 102-42.40  When is a commercial appraisal necessary?

    (a) A commercial appraisal is necessary when an employee indicates 
an interest in purchasing a gift or decoration and must be obtained 
before the gift or decoration is reported to GSA for screening.
    (b) GSA may also require the employing agency to obtain a 
commercial appraisal of a gift or decoration that the agency no longer 
needs before accepting the agency's report of the item as excess 
personal property.


Sec. 102-42.45  Who obtains a commercial appraisal?

    The employing agency obtains a commercial appraisal.


Sec. 102-42.50  Is there a special format for a commercial appraisal?

    There is no special format for a commercial appraisal, but it must 
be:
    (a) On official company letterhead;
    (b) Prepared in the United States;
    (c) Dated; and
    (d) Expressed in U.S. dollars.


Sec. 102-42.55  What does the employing agency do with the appraisal?

    The employing agency must attach the commercial appraisal to a 
Standard Form (SF) 120, Report of Excess Personal Property.

Special Disposals


Sec. 102-42.60  Who is responsible for gifts and decorations received 
by Senators and Senate employees?

    Gifts and decorations received by Senators and Senate employees are 
deposited with the Secretary of the Senate for disposal by the 
Commission on Art and Antiquities of the United States Senate under 5 
U.S.C. 7342(e)(2). GSA is responsible for disposing of gifts or 
decorations received by Members and employees of the House of 
Representatives.


Sec. 102-42.65  What happens if the Commission on Art and Antiquities 
does not dispose of a gift or decoration?

    If the Commission on Art and Antiquities does not dispose of a gift 
or decoration, then it must be reported to GSA for disposal. If GSA 
does not dispose of a gift or decoration within one year of the 
Commission's reporting, the Commission may:
    (a) Request that GSA return the gift or decoration and dispose of 
it itself; or
    (b) Continue to allow GSA to dispose of the gift or decoration in 
accordance with this part.


Sec. 102-42.70  Who handles gifts and decorations received by the 
President or a member of the President's family?

    The National Archives and Records Administration normally handles 
gifts and decorations received by the President or a member of the 
President's family.


Sec. 102-42.75  How are gifts containing hazardous materials handled?

    Gifts containing hazardous materials are handled in accordance with 
the requirements and provisions of this part and part 101-42 of this 
title.

Subpart B--Utilization of Foreign Gifts and Decorations


Sec. 102-42.80  To whom do ``we'', ``you'', and their variants refer?

    Use of pronouns ``we'', ``you'', and their variants throughout this 
subpart refers to the employing agency.


Sec. 102-42.85  What gifts or decorations must we report to GSA?

    You must report to GSA gifts of more than minimal value, except for 
monetary gifts that have no historic or numismatic value (see Sec. 102-
42.20), or decorations the employee is not authorized to retain that 
are:
    (a) Not being retained for official use or have not been returned 
to the donor; or
    (b) Received by a Senator or a Senate employee and not disposed of 
by the Commission on Art and Antiquities of the United States Senate.


Sec. 102-42.90  What is the requirement for reporting gifts or 
decorations that were retained for official use but are no longer 
needed?

    Non-monetary gifts or decorations that were retained for official 
use must be reported to GSA as excess property within 30 days after 
termination of the official use.


Sec. 102-42.95  How do we report gifts and decorations as excess 
personal property?

    You must complete a Standard Form (SF) 120, Report of Excess 
Personal Property, and send it to the General Services Administration, 
Property Management Division (FBP), Washington, DC 20406. Conspicuously 
mark the SF 120, ``FOREIGN GIFTS AND/OR DECORATIONS'', and include the 
following information:

------------------------------------------------------------------------
               Entry                             Description
------------------------------------------------------------------------
(a) Identity of Employee..........  Give the name and position of the
                                     employee.
------------------------------------------------------------------------
(b) Description of Item...........  Give a full description of the gift
                                     or decoration, including the title
                                     of the decoration.
------------------------------------------------------------------------
(c) Identity of Foreign Government  Give the identity of the foreign
                                     government (if known) and the name
                                     and position of the individual who
                                     presented the gift or decoration.
------------------------------------------------------------------------
(d) Date of Acceptance............  Give the date the gift or decoration
                                     was accepted by the employee.
------------------------------------------------------------------------

[[Page 45542]]


(e) Appraised Value...............  Give the appraised value in United
                                     States dollars of the gift or
                                     decoration, including the cost of
                                     the appraisal. (The employing
                                     agency must obtain a commercial
                                     appraisal before the gift is
                                     offered for sale to the employee.)
------------------------------------------------------------------------
(f) Current Location of Item......  Give the current location of the
                                     gift or decoration.
------------------------------------------------------------------------
(g) Employing Agency Contact        Give the name, address, and
 Person.                             telephone number of the accountable
                                     official in the employing agency.
------------------------------------------------------------------------
(h) Purchase Interest or Donation   Indicate whether the employee wants
 Recommendation.                     to buy the gift, or whether the
                                     employee wants the gift or
                                     decoration donated to an eligible
                                     donee through GSA's surplus
                                     donation program. Document this
                                     interest in a letter outlining any
                                     special significance of the gift or
                                     decoration to the proposed donee.
                                     Also provide the mailing address
                                     and telephone number of both the
                                     employee and the proposed donee.
------------------------------------------------------------------------
(i) Administration................  Give the Administration in which the
                                     gift or decoration was received
                                     (for example, Clinton
                                     Administration).
------------------------------------------------------------------------
(j) Multiple Items................  Identify each gift or decoration as
                                     a separate line item. Report
                                     multiple gift items that make up a
                                     set (for example, a tea set, a
                                     necklace and matching earrings) as
                                     a single line item.
------------------------------------------------------------------------

Sec. 102-42.100  How can we obtain an excess gift or decoration from 
another agency?

    To obtain an excess gift or decoration from another agency, you 
would complete a Standard Form (SF) 122, Transfer Order Excess Personal 
Property, or any other transfer order form approved by GSA, for the 
desired item(s) and submit the form to the General Services 
Administration, Property Management Division (FBP), Washington, DC 
20406.


Sec. 102-42.105  What special information must be included on the SF 
122?

    Conspicuously mark the SF 122, ``FOREIGN GIFTS AND/OR 
DECORATIONS'', and include all information furnished by the employing 
agency as specified in Sec. 102-42.95. Also, include on the form the 
following statement: ``At such time as these items are no longer 
required, they will be reported to the General Services Administration, 
Property Management Division (FBP), Washington, DC 20406, and will be 
identified as foreign gift items and cross-referenced to this transfer 
order number.''


Sec. 102-42.110  How must we justify a transfer request?

    You may only request excess gifts and decorations for public 
display or other bona fide agency use and not for the personal benefit 
of any individual. GSA may require that transfer orders be supported by 
justifications for the intended display or official use of requested 
gifts and decorations. Jewelry and watches that are transferred for 
official display must be displayed with adequate provisions for 
security.


Sec. 102-42.115  What must we do when the transferred gifts and 
decorations are no longer required for official use?

    When transferred gifts and decorations are no longer required for 
official use, report these gifts and decorations to the GSA as excess 
property on a SF 120, including the original transfer order number or a 
copy of the original transfer order.

Subpart C--Donation of Foreign Gifts and Decorations


Sec. 102-42.120  When may gifts or decorations be donated to State 
agencies?

    If there is no Federal requirement for the gifts or decorations, 
and if gifts were not sold to the employee, GSA may make the gifts or 
decorations available for donation to State agencies under this subpart 
and part 101-44 of this title.


Sec. 102-42.125  How is donation of gifts or decorations accomplished?

    The State Agencies for Surplus Property (SASP) must initiate the 
process on behalf of a prospective donee (e.g., units of State or local 
governments and eligible non-profit organizations) by:
    (a) Completing a Standard Form (SF) 123, Transfer Order Surplus 
Personal Property, and submitting it to General Services 
Administration, Property Management Division (FBP), Washington, DC 
20406. Conspicuously mark the SF 123 with the words, ``FOREIGN GIFTS 
AND/OR DECORATIONS.''
    (b) Attaching an original and two copies of a letter of intent to 
each SF 123 submitted to GSA. An authorized representative of the 
proposed donee must sign and date the letter, setting forth a detailed 
plan for use of the property. The letter of intent must provide the 
following information:
    (1) Identifying the donee applicant, including its legal name and 
complete address, its status as a public agency or as an eligible 
nonprofit tax-exempt activity, and the name, title, and telephone 
number of its authorized representative;
    (2) A description of the gift or decoration requested, including 
the gift's commercially appraised value or estimated fair market value 
if no commercial appraisal was performed; and
    (3) Details on the planned use of the gift or decoration, including 
where and how it will be used and how it will be safeguarded.


Sec. 102-42.130  Are there special requirements for the donation of 
gifts and decorations?

    Yes, GSA imposes special handling and use limitations on the 
donation of gifts and decorations. The SASP distribution document must 
contain or incorporate by reference the following:
    (a) The donee must display or use the gift or decoration in 
accordance with its GSA-approved letter of intent.
    (b) There must be a period of restriction which will expire after 
the gift or decoration has been used for the purpose stated in the 
letter of intent for a period of 10 years, except that GSA may restrict 
the use of the gift or decoration for such other period when the 
inherent character of the property justifies such action.
    (c) The donee must allow the right of access to the donee's 
premises at

[[Page 45543]]

reasonable times for inspection of the gift or decoration by duly 
authorized representatives of the SASP or the U.S. Government.
    (d) During the period of restriction, the donee must not:
    (1) Sell, trade, lease, lend, bail, encumber, cannibalize or 
dismantle for parts, or otherwise dispose of the property;
    (2) Remove it permanently for use outside the State;
    (3) Transfer title to the gift or decoration directly or 
indirectly; or
    (4) Do or allow anything to be done that would contribute to the 
gift or decoration being seized, attached, lost, stolen, damaged, or 
destroyed.
    (e) If the gift or decoration is no longer suitable, usable, or 
needed by the donee for the stated purpose of donation during the 
period of restriction, the donee must promptly notify the General 
Services Administration, Property Management Division (FBP), 
Washington, DC 20406, through the SASP, and upon demand by GSA, title 
and right to possession of the gift or decoration reverts to the U.S. 
Government. In this event, the donee must comply with transfer or 
disposition instructions furnished by GSA through the SASP, and pay the 
costs of transportation, handling, and reasonable insurance during 
transportation.
    (f) The donee must comply with all additional conditions covering 
the handling and use of any gift or decoration imposed by GSA.
    (g) If the donee fails to comply with the conditions or limitations 
during the period of restriction, the SASP may demand return of the 
gift or decoration and, upon such demand, title and right to possession 
of the gift or decoration reverts to the U.S. Government. In this 
event, the donee must return the gift or decoration in accordance with 
instructions furnished by the SASP, with costs of transportation, 
handling, and reasonable insurance during transportation to be paid by 
the donee or as directed by the SASP.
    (h) If the gift or decoration is lost, stolen, or cannot legally be 
recovered or returned for any other reason, the donee must pay to the 
U.S. Government the fair market value of the gift or decoration at the 
time of its loss, theft, or at the time that it became unrecoverable as 
determined by GSA. If the gift or decoration is damaged or destroyed, 
the SASP may require the donee to:
    (1) Return the item and pay the difference between its former fair 
market value and its current fair market value; or
    (2) Pay the fair market value, as determined by GSA, of the item 
had it not been damaged or destroyed.

Subpart D--Sale or Destruction of Foreign Gifts and Decorations


Sec. 102-42.135  Whose approval must be obtained before a foreign gift 
or decoration is offered for public sale?

    The Secretary of State or the Secretary's designee must approve any 
sale of foreign gifts or decorations (except sale of foreign gifts to 
the employee, that is approved in this part).


Sec. 102-42.140  How is a sale of a foreign gift or decoration to an 
employee conducted?

    Foreign gifts and decorations must be offered first through 
negotiated sales to the employee who has indicated an interest in 
purchasing the item. The sale price must be the commercially appraised 
value of the gift plus the cost of the appraisal. Sales must be 
conducted and documented in accordance with part 101-45 of this title.


Sec. 102-42.145  When is public sale of a foreign gift or decoration 
authorized?

    A public sale is authorized if a foreign gift or decoration:
    (a) Survives Federal utilization screening;
    (b) Is not purchased by the employee;
    (c) Survives donation screening; and
    (d) Is approved by the Secretary of State or designee.


Sec. 102-42.150  What happens to proceeds from sales?

    The proceeds from the sale of foreign gifts or decorations must be 
deposited in the Treasury as miscellaneous receipts, unless otherwise 
authorized.


Sec. 102-42.155  Can foreign gifts or decorations be destroyed?

    Yes, foreign gifts or decorations that are not sold under this part 
may be destroyed and disposed of as scrap or for their material content 
under part 101-45 of this title.

    Dated: July 13, 2000.
David J. Barram,
Administrator of General Services.
[FR Doc. 00-18328 Filed 7-21-00; 8:45 am]
BILLING CODE 6820-24-D