[Federal Register: February 19, 1998 (Volume 63, Number 33)] [Rules and Regulations] [Page 8351-8352] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19fe98-12] ======================================================================= ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 41 CFR Part 101-44 [FPMR Temp. Reg. H-30] RIN 3090-AG63 Donation of Federal Surplus Personal Property to Nonprofit Providers of Assistance to Impoverished Families and Individuals AGENCY: Office of Governmentwide Policy, GSA. ACTION: Temporary regulation. ----------------------------------------------------------------------- SUMMARY: This regulation establishes policies and procedures for donating Federal surplus personal property to providers of assistance to impoverished families and individuals. It is issued to comply with section 1 of Public Law 105-50, which adds nonprofit providers to the list of organizations authorized to acquire property for educational or public health purposes. DATES: Effective date: February 19, 1998. Expiration date: February 21, 2000. FOR FURTHER INFORMATION CONTACT: Ms. Martha Caswell, Director, Personal Property Management Policy Division (202-501-3846). SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) has determined that this is not a significant rule for the purposes of Executive Order 12866. Regulatory Flexibility Act This rule is not required to be published in the Federal Register for notice and comment. Therefore, the Regulatory Flexibility Act does not apply. [[Page 8352]] Paperwork Reduction Act 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. List of Subjects in 41 CFR Part 101-44 Government property management, Reporting requirements, Surplus government property. Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)). In 41 CFR Chapter 101, the following temporary regulation is added to the appendix at the end of Subchapter H to read as follows: General Services Administration Washington, DC 20405 Federal Property Management Regulations, Temporary Regulation H-30 To: Heads of Federal agencies Subject: Donation of Federal surplus personal property to nonprofit providers of assistance to impoverished families and individuals 1. Purpose. This regulation expands eligibility for the Federal surplus personal property donation program to include nonprofit organizations that provide food, clothing, housing, or other assistance to families or individuals with incomes below the poverty line. 2. Effective date. This regulation is effective upon publication in the Federal Register. 3. Expiration date. This regulation expires 2 years from the effective date. Prior to the expiration date, this regulation will be codified in a new regulation named the Federal Property and Administrative Services Regulation (FPASR). The FPASR will replace the Federal Property Management Regulations and appear in 41 CFR Chapter 102. 4. Applicability. The provisions of this regulation apply to all State agencies as defined in FPMR 101-44.001-14. Such agencies must follow this regulation and other guidelines in FPMR 101-44.207 when determining an applicant's eligibility as a nonprofit provider. 5. Background. Section 1 of Public Law 105-50, signed by the President on October 6, 1997, amended section 203(j)(3)(B) of the Federal Property and Administrative Services Act of 1949, as amended, to add nonprofit organizations that provide assistance to the impoverished to the list of organizations eligible to acquire surplus personal property for educational or public health purposes. Legislative history indicates the intent of this section was to provide surplus property eligibility to charitable organizations such as food banks, Habitat for Humanity, and the Salvation Army. See 143 Cong. Rec. H1941 (daily ed. April 29, 1997) (statement of Rep. Horn). These groups provide goods and services that contribute to the educational growth or general health and well-being of individuals and families below the poverty line. FPMR 101-44.207 is amended to make such providers eligible for Federal surplus personal property donations. 6. Explanation of changes. Section 101-44.207 is amended by adding paragraph (a)(18.2) and revising paragraph (c) to read as follows: Sec. 101-44.207 Eligibility. * * * * * (a) * * * (18.2) Provider of assistance to impoverished families and individuals means a public or private, nonprofit tax-exempt organization whose primary function is to provide money, goods, or services to families or individuals whose annual incomes are below the poverty line (as defined in section 673 of the Community Services Block Grant Act) (42 U.S.C. 9902). Providers include food banks, self-help housing groups, and organizations providing services such as the following: Health care; medical transportation; scholarships and tuition assistance; tutoring and literacy instruction; job training and placement; employment counseling; child care assistance; meals or other nutritional support; clothing distribution; home construction or repairs; utility or rental assistance; and legal counsel. * * * * * (c) Eligibility of nonprofit tax-exempt activities. Surplus personal property may be donated through the State agency to nonprofit tax-exempt activities, as defined in this section, within the State, such as: (1) Medical institutions; (2) Hospitals; (3) Clinics; (4) Health centers; (5) Providers of assistance to homeless individuals; (6) Providers of assistance to impoverished families and individuals; (7) Schools; (8) Colleges; (9) Universities; (10) Schools for the mentally retarded; (11) Schools for the physically handicapped; (12) Child care centers; (13) Radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations; (14) Museums attended by the public; (15) Libraries, serving free all residents of a community, district, State or region; or (16) Organizations or institutions that receive funds appropriated for programs for older individuals under the Older Americans Act of 1965, as amended, under title IV and title XX of the Social Security Act, or under titles VIII and X of the Economic Opportunity Act of 1964 and the Community Services Block Grant Act. Programs for older individuals include services that are necessary for the general welfare of older individuals, such as social services, transportation services, nutrition services, legal services, and multipurpose senior centers. 7. Effect on other directives. This regulation modifies the regulations appearing in paragraphs (a) and (c) of FPMR 101-44.207. Dated: February 5, 1998. Thurman M. Davis, Sr., Acting Administrator of General Services. [FR Doc. 98-4149 Filed 2-18-98; 8:45 am] BILLING CODE 6820-24-P