DATE: July 24, 2000
FROM: Barry McVay, CPCM
SUBJECT: Federal Management Regulation (FMR); Utilization, Donation, and Disposal of Foreign Gifts and Decorations
SOURCE: Federal Register, July 24, 2000, Vol. 65, No. 142, page 45539
AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)
ACTION: Final Rule
SYNOPSIS: GSA is updating, streamlining, and clarifying Federal Property Management Regulations (FPMR) Part 101-49, Utilization, Donation, and Disposal of Foreign Gifts and Decorations, and then moving it into the new Federal Management Regulation (FMR) as Part 102-42, Utilization, Donation, and Disposal of Foreign Gifts and Decorations. There are no policy changes involved in this final rule.
EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR. The text of both the FPMR and the FMR are available at http://policyworks.gov/org/main/mv/fmr/index.htm.
GSA is in the process of updating, reorganizing, streamlining, simplifying, and clarifying the contents of the FPMR, then transferring the contents to the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the CFR. When the transfer is complete, the FMR will contain a refined set of policies and regulatory requirements on managing property and administrative services. Non-regulatory materials (such as guidance, procedures, information and standards) will be available in separate documents, such as customer service guides, handbooks, brochures, Internet websites, and FMR bulletins.
The FMR is written in the "plain language" regulatory style. This style is directed at the reader and uses a question and answer format, active voice, shorter sentences, and pronouns such as "we", "you", and "I".
The conversion from the FPMR to the FMR will take some time, so it will occur incrementally as the regulations are rewritten. Because of this, both the FPMR and the FMR will exist concurrently, and readers will need to refer to both documents to obtain all the related material -- the same content will not appear in both regulations.
EFFECTIVE DATE: July 24, 2000.
FOR FURTHER INFORMATION CONTACT: Martha Caswell, Director, Personal Property Management Policy Division (MTP), 202-501-3846.
SUPPLEMENTAL INFORMATION: The following are the major changes made by this final rule to the FPMR and the FMR:
|Subpart A -- General Provisions|
|102-42.5||What does this part cover?|
|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?|
|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?|
|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?|
FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.
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