[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2000 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
41
Chapter 101
Revised as of July 1, 2000
Public Contracts and Property Management
Containing a Codification of documents of general
applicability and future effect
As of July 1, 2000
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
As a Special Edition of the Federal Register
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
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Table of Contents
Page
Explanation................................................. v
Title 41:
Subtitle C--Federal Property Management Regulations
System:
Chapter 101--Federal Property Management Regulations 5
Finding Aids:
Table of CFR Titles and Chapters........................ 649
Alphabetical List of Agencies Appearing in the CFR...... 667
Redesignation Table..................................... 677
List of CFR Sections Affected........................... 679
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 41 CFR 101-1.100
refers to title 41, part
101-1, section 100.
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EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, July 1, 2000, consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
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instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB
control numbers as amendments to existing regulations in the CFR. These
OMB numbers are placed as close as possible to the applicable
recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers, Weekly Compilation of Presidential
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free). E-mail, [email protected].
[[Page vii]]
The Office of the Federal Register also offers a free service on the
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site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2000.
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THIS TITLE
Title 41--Public Contracts and Property Management consists of
Subtitle A--Federal Procurement Regulations System [Note]; Subtitle B--
Other Provisions Relating to Public Contracts; Subtitle C--Federal
Property Management Regulations System; Subtitle D is reserved for other
provisions relating to property management, Subtitle E--Federal
Information Resources Management Regulations System and Subtitle F--
Federal Travel Regulation System.
As of July 1, 1985, the text of subtitle A is no longer published in
the Code of Federal Regulations. For an explanation of the status of
subtitle A, see 41 CFR chapters 1--100 (page 3).
Other government-wide procurement regulations relating to public
contracts appear in chapters 50 through 100, subtitle B.
The Federal property management regulations in chapter 101 of
subtitle C are government-wide property management regulations issued by
the General Services Administration. In the remaining chapters of
subtitle C are the implementing and supplementing property management
regulations issued by individual Government agencies. Those regulations
which implement chapter 101 are numerically keyed to it.
The Federal Travel Regulation System in chapters 300-304 of subtitle
F is issued by the General Services Administration.
Title 41 is composed of four volumes. The chapters in these volumes
are arranged as follows: Chapters 1--100, chapter 101, chapters 102--
200, and chapter 201 to End. These volumes represent all current
regulations codified under this title of the CFR as of July 1, 2000.
Redesignation tables appear in the finding aids section of the
volumes containing chapter 101 and chapters 102 to 200.
For this volume, Melanie L. Marcec was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
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[[Page 1]]
TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
(This book contains chapter 101)
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Part
SUBTITLE C--Federal Property Management Regulations System:
chapter 101--Federal Property Management Regulations........ 101-1
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Subtitle C--Federal Property Management Regulations System
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CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
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SUBCHAPTER A--GENERAL
Part Page
101-1 Introduction................................ 7
101-2 Payments to GSA for supplies and services
furnished Government agencies........... 9
101-3 Annual real property inventories............ 15
101-4 [Reserved]
101-5 Centralized services in Federal buildings
and complexes........................... 19
101-6 Miscellaneous regulations................... 28
101-8 Nondiscrimination in Federal financial
assistance programs..................... 66
101-9 Federal mail management..................... 82
SUBCHAPTER B--MANAGEMENT AND USE OF INFORMATION AND RECORDS
101-11 Creation, maintenance, and use of records... 89
SUBCHAPTER C--DEFENSE MATERIALS
101-14--101-15 [Reserved]
SUBCHAPTER D--PUBLIC BUILDINGS AND SPACE
101-16 [Reserved]
101-17 Assignment and utilization of space......... 93
101-18 Acquisition of real property................ 118
101-19 Construction and alteration of public
buildings............................... 131
101-20 Management of buildings and grounds......... 234
101-21 Federal Buildings Fund...................... 255
Appendix to Subchapter D--Temporary
Regulations............................. 262
SUBCHAPTER E--SUPPLY AND101-22--101-24 [Reserved]
101-25 General..................................... 265
101-26 Procurement sources and program............. 279
101-27 Inventory management........................ 311
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101-28 Storage and distribution.................... 321
101-29 Federal product descriptions................ 326
101-30 Federal catalog system...................... 332
101-31 Inspection and quality control.............. 347
101-32 [Reserved]
101-33 Public utilities............................ 347
101-34 [Reserved]
Appendix to Subchapter E--Temporary Regulations [Reserved]
SUBCHAPTER F--MANAGEMENT AND USE OF TELECOMMUNICATIONS RESOURCES
101-35 Telecommunications management policy........ 351
SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES
101-37 Government aviation administration and
coordination............................ 358
101-38 Motor vehicle management.................... 380
101-39 Interagency fleet management systems........ 380
101-40 Transportation and traffic management....... 394
101-41 Transportation documentation and audit...... 429
Appendix to Subchapter G--Temporary Regulations [Reserved]
SUBCHAPTER H--UTILIZATION AND DISPOSAL
101-42 Utilization and disposal of hazardous
materials and certain categories of
property................................ 430
101-43 Utilization of personal property............ 454
101-44 Donation of personal property............... 454
101-45 Sale, abandonment, or destruction of
personal property....................... 500
101-46 Replacement of personal property pursuant to
the exchange/sale authority............. 541
101-47 Utilization and disposal of real property... 545
101-48 Utilization, donation, or disposal of
abandoned and forfeited personal
property................................ 620
101-49 Utilization, donation, and disposal of
foreign gifts and decorations........... 630
Appendix to Subchapter H--Temporary
Regulations............................. 638
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SUBCHAPTER A--GENERAL
PART 101-1--INTRODUCTION--Table of Contents
Subpart 101-1.1--Regulation System
Sec.
101-1.100 Scope of subpart.
101-1.101 Federal Property Management Regulations System.
101-1.102 Federal Property Management Regulations.
101-1.103 FPMR temporary regulations.
101-1.104 Publication and distribution of FPMR.
101-1.104-1 Publication.
101-1.104-2 Distribution.
101-1.105 Authority for FPMR System.
101-1.106 Applicability of FPMR.
101-1.107 Agency consultation regarding FPMR.
101-1.108 Agency implementation and supplementation of FPMR.
101-1.109 Numbering in FPMR System.
101-1.110 Deviation.
101-1.111 Retention of FPMR amendments.
101-1.112 Change lines.
Subparts 101-1.2--101-1.48 [Reserved]
Subpart 101-1.49--Illustrations of Forms
101-1.4900 Scope of subpart.
101-1.4901 Standard forms. [Reserved]
101-1.4902 GSA forms.
101-1.4902-2053 GSA Form 2053, Agency Consolidated Requirements for GSA
Regulations and Other External Issuances.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 29 FR 13255, Sept. 24, 1964, unless otherwise noted.
Subpart 101-1.1--Regulation System
Sec. 101-1.100 Scope of subpart.
This subpart sets forth introductory material concerning the Federal
Property Management Regulations System: its content, types, publication,
authority, applicability, numbering, deviation procedure, as well as
agency consultation, implementation, and supplementation.
Sec. 101-1.101 Federal Property Management Regulations System.
The Federal Property Management Regulations System described in this
subpart is established and shall be used by General Services
Administration (GSA) officials and, as provided in this subpart, by
other executive agency officials, in prescribing regulations, policies,
procedures, and delegations of authority pertaining to the management of
property, and other programs and activities of the type administered by
GSA, except procurement and contract matters contained in the Federal
Acquisition Regulations (FAR).
[54 FR 37652, Sept. 12, 1989]
Sec. 101-1.102 Federal Property Management Regulations.
The Federal Property Management Regulations (FPMR) are regulations,
as described by Sec. 101-1.101, prescribed by the Administrator of
General Services to govern and guide Federal agencies.
Sec. 101-1.103 FPMR temporary regulations.
(a) FPMR temporary regulations are authorized for publication when
time or exceptional circumstances will not permit promulgation of an
amendment to the Code of Federal Regulations and if the regulation will
be effective for a period of 12 months or less except as provided in
Sec. 101-1.103(b), below. These temporary regulations will be codified
before the designated expiration date or their effective date will be
extended if it is determined that conversion to permanent form cannot be
accomplished within the specified time frame.
(b) FPMR temporary regulations may have an effective period of up to
2 years when codification is not anticipated or is not considered
practical.
[54 FR 37652, Sept. 12, 1989]
Sec. 101-1.104 Publication and distribution of FPMR.
Sec. 101-1.104-1 Publication.
FPMR will be published in the Federal Register, in looseleaf form,
and in accumulated form in the Code of Federal Regulations. Temporary-
type FPMR will be published in the Notices
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section of the Federal Register\1\ and in looseleaf form.
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\1\ Editorial Note: FPMR temporary regulations are published in the
Rules and Regulations section of the Federal Register and, if in effect
on the revision date of the Code of Federal Regulations volume, in the
appendixes to the subchapters in 41 CFR chapter 101.
[36 FR 4983, Mar. 16, 1971]
Sec. 101-1.104-2 Distribution.
(a) Each agency shall designate an official to serve as liaison with
GSA on matters pertaining to the distribution of FPMR and other
publications in the FPMR series. Agencies shall report all changes in
designation of agency liaison officers to the General Services
Administration (CAR), Washington, DC 20405.
(b) FPMR and other publications in the FPMR series will be
distributed to agencies in bulk quantities for internal agency
distribution in accordance with requirements information furnished by
liaison officers. FPMR and other publications in the FPMR series will
not be stocked by, and cannot be obtained from, GSA regional offices.
(c) Agencies shall submit their consolidated requirements for FPMR
and other publications in the FPMR series, including requirements of
field activities, and changes in such requirements on GSA Form 2053,
Agency Consolidated Requirements for GSA Regulations and Other External
Issuances (illustrated at Sec. 101-1.4902-2053). The mailing address is
shown on the form.
[36 FR 4983, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]
Sec. 101-1.105 Authority for FPMR System.
The FPMR system is prescribed by the Administrator of General
Services under authority of the Federal Property and Administrative
Services Act of 1949, 63 Stat. 377, as amended, and other laws and
authorities specifically cited in the text.
Sec. 101-1.106 Applicability of FPMR.
The FPMR apply to all Federal agencies to the extent specified in
the Federal Property and Administrative Services Act of 1949 or other
applicable law.
Sec. 101-1.107 Agency consultation regarding FPMR.
FPMR are developed and prescribed in consultation with affected
Federal agencies.
Sec. 101-1.108 Agency implementation and supplementation of FPMR.
Chapters 102 through 150 of this title are available for agency
implementation and supplementation of FPMR contained in chapter 101 of
this title. Supplementation pertains to agency regulations in the
subject matter of FPMR but not yet issued in chapter 101.
[54 FR 37652, Sept. 12, 1989]
Sec. 101-1.109 Numbering in FPMR System.
(a) In the numbering system, all FPMR material is preceded by the
digits 101-. This means that it is chapter 101 in title 41 of the Code
of Federal Regulations. It has no other significance. The digit(s)
before the decimal point indicates the part; the digits after the
decimal point indicate, without separation, the subpart and section. For
example:
[GRAPHIC] [TIFF OMITTED] TC05NO91.088
(b) At the bottom of each page appears the number and date (month
and year) of the FPMR amendment which transmitted it.
(c) Agency implementing regulations should conform to the FPMR
section numbers, except for the substitution of the chapter designation
of the agency. Agency supplementing regulations should be numbered
``50'' or higher for section, subpart, or part as may be involved.
[54 FR 37652, Sept. 12, 1989]
Sec. 101-1.110 Deviation.
(a) In the interest of establishing and maintaining uniformity to
the greatest extent feasible, deviations; i.e., the use of any policy or
procedure in any manner that is inconsistent with a policy or procedure
prescribed in the Federal Property Management Regulations, are
prohibited unless such deviations have been requested from the approved
by
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the Administrator of General Services or his authorized designee.
Deviations may be authorized by the Administrator of General Services or
his authorized designee when so doing will be in the best interest of
the Government. Request for deviations shall clearly state the nature of
the deviation and the reasons for such special action.
(b) Requests for deviations from the FPMR shall be sent to the
General Services Administration for consideration in accordance with the
following:
(1) For onetime (individual) deviations, requests shall be sent to
the address provided in the applicable regulation. Lacking such
direction, requests shall be sent to the Administrator of General
Services, Washington, DC 20405.
(2) For class deviations, requests shall be sent to only the
Administrator of General Services.
[54 FR 37652, Sept. 12, 1989]
Sec. 101-1.111 Retention of FPMR amendments.
Retention of FPMR amendments and removed pages will provide a
history of FPMR issuances and facilitate determining which regulations
were in effect at particular times.
[39 FR 40952, Nov. 22, 1974]
Sec. 101-1.112 Change lines.
(a) Single-column format: Vertical lines in the right margin of a
page indicate material changed, deleted, or added by the FPMR amendment
cited at the bottom of that page. Where insertion of new material
results in shifting of unchanged material on following pages, no
vertical lines will appear on such pages but the FPMR amendment
transmitting such new pages will be cited at the bottom of each page.
(b) Double-column format: Arrows printed in the margin of a page
indicated material changed, deleted, or added by the FPMR amendment
cited at the bottom of that page.
[54 FR 37652, Sept. 12, 1989]
Subparts 101-1.2--101-1.48 [Reserved]
Subpart 101-1.49--Illustrations of Forms
Sec. 101-1.4900 Scope of subpart.
This subpart illustrates forms prescribed or available for use in
connection with subject matter covered in other subparts of this part
101-1.
[36 FR 4983, Mar. 16, 1971]
Sec. 101-1.4901 Standard forms. [Reserved]
Sec. 101-1.4902 GSA forms.
(a) The GSA forms are illustrated in this section to show their
text, format, and arrangement and to provide a ready source of
reference. The subsection numbers in this section correspond with the
GSA numbers.
(b) GSA forms illustrated in Sec. 101-1.4902 may be obtained by
addressing requests to the General Services Administration, National
Forms and Publications Center-7 CAR-W, Warehouse 4, Dock No. 1, 501 West
Felix Street, Forth Worth, TX 76115.
[36 FR 4984, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]
Sec. 101-1.4902-2053 GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances.
Note: The form listed in Sec. 101-1.4902-2053 is filed as part of
the original document. Copies of the form may be obtained from the
General Services Administration (3BRD), Washington, DC 20407.
[36 FR 4984, Mar. 16, 1971]
PART 101-2--PAYMENTS TO GSA FOR SUPPLIES AND SERVICES FURNISHED GOVERNMENT AGENCIES--Table of Contents
Subpart 101-2.1--Billings, Payments, and Adjustments
Sec.
101-2.100 Scope of subpart.
101-2.101 Background.
101-2.102 Billing procedures.
101-2.103 SIBAC payment procedures.
101-2.104 SIBAC chargeback procedures.
101-2.105 Non-SIBAC payment procedures.
101-2.106 Adjustments.
101-2.107 Statements of account.
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Subpart 101-2.2--Advances
101-2.200 Scope of subpart.
101-2.201 Types of advances.
101-2.201-1 Advance of funds; insufficient capital.
101-2.201-2 Advance for specific services.
101-2.201-3 Advance of funds; mutual agreement.
Subpart 101-2.49--Forms and Reports
101-2.4900 Scope of subpart.
101-2.4901 Standard forms.
101-2.4901-1080 Standard Form 1080, Voucher for Transfer between
Appropriations and/or Funds.
101-2.4901-1081 Standard Form 1081, Voucher and Schedule of Withdrawals
and Credits.
101-2.4902 GSA forms.
101-2.4902-740 GSA Form 740, Invoice for Job Order Work.
101-2.4902-743 GSA Form 743, Invoice for Rent.
101-2.4902-789 GSA Form 789, Statement, Voucher, and Schedule of
Withdrawals and Credits.
101-2.4903 Treasury forms.
101-2.4903-7306 TFS Form 7306, Paid Billing Statement for SIBAC
Transactions.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 34 FR 8160, May 24, 1969, unless otherwise noted.
Subpart 101-2.1--Billings, Payments, and Adjustments
Sec. 101-2.100 Scope of subpart.
This subpart deals with the procedures and forms used by GSA in
billing for supplies and services furnished Government agencies, and the
procedures for payment and adjustment of these billings.
Sec. 101-2.101 Background.
(a) GSA provides supplies, equipment, services, space,
communications, motor vehicles, printing, and other miscellaneous items
for Government agencies on a reimbursable basis. These supplies and
services are financed from revolving, management, or working funds, and
reimbursement from agencies is obtained through periodic billings and
collections intended to permit GSA to operate these programs with a
minimum amount of appropriated capital.
(b) The General Accounting Office Policy and Procedures Manual for
Guidance of Federal Agencies, title 7, chapter 2, section 8.5, provides
that billings from GSA shall be paid in accordance with regulations
issued by GSA.
(c) In providing for goods or services for Government agencies, GSA
must, under certain regulations, provide for payment of the procurement
to the vendors for the agencies. The payments are made by GSA without
confirmation of actual receipt of the goods or services by the agencies.
These procedures are essential to comply with the payment terms and
conditions of the purchase order or contract and to earn cash discounts.
The payments are made by GSA from revolving funds which are reimbursed
from the agencies' appropriations and funds in accordance with Sec. 101-
2.103 or Sec. 101-2.105. The agency that ordered and received the goods
or services is responsible for the voucher audit (matching of the
purchase documents, evidence of receipt, and billing documents). If the
receiving agency has not received the goods or services in accordance
with purchase order or contract, it is the agency's responsibility to
report the losses or discrepancies to GSA in accordance with Sec. 101-
2.106 so that GSA may obtain credit from the vendor for overpayments.
Credit to the ordering agency will be made by GSA in these cases based
upon the report from the agency, and a claim will be placed by GSA
against the carrier or vendor for recovery.
[34 FR 8160, May 24, 1969, as amended at 42 FR 55811, Oct. 19, 1977; 43
FR 21882, May 22, 1978]
Sec. 101-2.102 Billing procedures.
(a) Bills are rendered biweekly, monthly, or quarterly after the
fact or in advance on approved billing forms, which are GSA Form 789,
Statement, Voucher, and Schedule of Withdrawals and Credits, and
Treasury TFS Form 7306, Paid Billing Statement for SIBAC Transactions
(illustrated at Secs. 101-2.4902-789 and 101-2.4903-7306). Certification
of such bills by GSA is not required. Except for those bills which are
rendered in advance: bills for shipment from stock are rendered on the
basis of drop from inventory, provided that notification of warehouse
refusal or other advice of nonavailability has not been received from
the depot prior to the
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billing date; bills for services are rendered after there is evidence of
actual delivery of services; and bills for stock and nonstock direct
delivery shipments are rendered based upon payment to the vendor. Non-
OPAC (On-Line Payment and Collection) bills, issued on GSA Form 789,
comprised of the accumulation of small dollar invoices which do not
reach the predetermined threshold amount, may be issued at the end of
the quarter in which the threshold is reached. Exceptions are: Recurring
and open-end Reimbursable Work Authorizations (RWA's) which will bill at
the end of each fiscal year for any unpaid charges whether the threshold
is reached or not; and non-recurring RWA's which will bill upon
completion of the RWA if the threshold is not reached prior to that
time.
(b) GSA will not normally attach signed receipts to the bills for
supporting documentation. Rather, documents or billing cards will
generally be furnished which will contain the necessary information to
permit the agency to identify its requisition, purchase order, travel
order, or other obligating documents.
(c) GSA may, at its discretion, process requisitions of $1 or less
without billing. Therefore, any agency having such items unbilled 60
days after receipt of the material may assume that they will not be
billed and may cancel the obligation accordingly. In addition to billing
agencies under the GSA Form 789 procedures as indicated in paragraphs
(a) and (b), of this section, GSA also utilizes the Simplified
Intragovernmental Billing and Collection (SIBAC) System.
(d) The SIBAC system is prescribed by GSA as indicated within this
subpart and by the Treasury Fiscal Requirements Manual for Guidance of
Departments and Agencies, chapter 5000 of part VI. The basic concept
underlying the SIBAC system is the elimination of governmental
receivable and payables; reduction of paperwork; and improved cash flow.
Two essential elements of the system are: It provides for immediate
payment to the billing agency, and it provides a method by which
recipient agencies may charge back erroneous charges billed.
Under this system immediate payment is accomplished by authorizing GSA
as the billing agency to credit its own 8 digit pay station symbol and
to charge the customer agency's 8-digit pay station symbol for services
purchased or supplies shipped. This system also provides for chargebacks
which are accomplished on the customer agency's SF 224, Statement of
Transactions, by reporting the amount of erroneous charge to a clearing
account of the billing agency after proper notification and
documentation have been sent to the billing (SIBAC) agency. The system
is applicable only when both the billing and customer agencies report
their monthly transactions to the Department of the Treasury on SF 224,
Statement of Transactions. GSA programs under the SIBAC system are as
follows:
(1) Billings to civil executive agencies for supplies from FSS
supply distribution facilities for stock and nonstock direct deliveries
are billed semimonthly at the GSA accounting centers. For motor pool
services civil agencies are billed monthly at the centers. Billings to
the Department of Defense (DOD) through the SIBAC system for supplies
are contained in the DOD handbook, Military Standard Billing Systems
(MILSBILLS) 4000.25-7-M. The basicdifference between the SIBAC System
operated for civil executive agencies and DOD is the the GSA/DOD system
operates with a direct charge by the billings agency to the
appropriation or fund account of the customer agency's 8-digit station
symbol.
(2) The standard level user charges (SLUC) for space assignments are
billed quarterly in advance, and actual adjustments are made quarterly
in arrears.
[34 FR 8160, May 24, 1969, as amended at 42 FR 55811, Oct. 19, 1977; 46
FR 50951, Oct. 16, 1981; 57 FR 56993, Dec. 2, 1992]
Sec. 101-2.103 SIBAC payment procedures.
Under this system GSA is authorized to charge the 8-digit agency pay
station symbol of the customer agencies for services purchased or
supplies shipped.
(a) Treasury TFS Form 7306 (illustrated at Sec. 101-2.4903-7306)
will be used
[[Page 12]]
as the paid billing document in connection with this procedure. GSA as
the SIBAC billing agency will attach supporting documentation only when
the transaction cannot be adequately described on TFS Form 7306.
(b) The paid billing statement shall be accounted for by the billed
agency as an accomplished or paid document and reported on its current
SF 224, Statement of Transactions (similar to reporting the charge side
of SF 1081, Voucher and Schedule of Withdrawals and Credits). GSA as the
SIBAC billing agency will report the credit received from these charges
on its SF 224. Both sides of the transaction will be accomplished as of
the payment date of the paid billing statement. Immediate payment is
accomplished by authorizing GSA to credit its own 8-digit agency pay
station symbol and to charge the billed agency's 8-digit pay station
symbol for services purchased or supplies shipped.
[42 FR 55812, Oct. 19, 1977, as amended at 43 FR 21882, May 22, 1978]
Sec. 101-2.104 SIBAC chargeback procedures.
Agencies participating in the SIBAC system with GSA may utilize the
chargeback procedure to obtain billing adjustments in accordance with
the Treasury Fiscal Requirements Manual for Guidance of Departments and
Agencies, part VI, chapter 5000; instructions contained in GSA Handbook,
Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or
Billings (FPMR 101-26.8) or as outlined in Sec. 101-2.106. For DOD the
appropriate advice codes contained in the DOD Handbook, MILSBILLS,
4000.25-7-M, shall be used to request adjustments.
(a) Agency finance and accounting activities in receipt of erroneous
billings shall request authorization for chargebacks, by telephone, from
the GSA SIBAC representatives identified on the TFS Form 7306.
(b) Adjustments in billings involving discrepancies or deficiencies
in shipments or material, vendor or carrier liability, or merchandise to
be returned to GSA are not subject to the chargeback procedure. These
will be reported to the GSA regional office which made or directed
shipment of the material for investigation and resolution.
(1) Chargebacks for supplies from the Federal Supply Service will
not be authorized for any bills more than 1 year old from the date of
the billing nor for items valued at $25 or less per line item on a bill
as indicated in Sec. 101-2.106(c).
(2) Agencies other than DOD shall submit documentation to the GSA
billing office in support of the chargeback taken. The documentation
shall consist of an SF 238, SIBAC Adjustment Voucher for Chargebacks,
SIBAC detail line item billing card(s) covering items being charged back
(when available), and a copy of the detail billing register (GSA Form
952) with items that were charged back clearly annotated. Such
documentation shall cite the authorization number provided by the GSA
SIBAC representatives and for FSS supply billings, the appropriate
Billing Adjustment Advice Code(s) contained in the GSA Handbook,
Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or
Billings (FPMR 101-26.8).
(3) Erroneous chargebacks will be rejected and/or rebilled.
[42 FR 55812, Oct. 19, 1977, as amended at 43 FR 21883, May 22, 1978]
Sec. 101-2.105 Non-SIBAC payment procedures.
(a) All GSA invoices or billings, including those representing
partial shipment, shall be paid promptly by check or transfer document.
This requirement is mandatory to (1) Assist GSA in managing its
revolving fund operations with a minimum of appropriated capital; (2)
reduce the cost of collection in GSA; and (3) reduce the cost of payment
for other agencies. To expedite reimbursement and reduce the cost of
billings and payments, agencies are requested to ensure that GSA bills
are directed to the office authorized to make payment. This will avoid
the costly and time-consuming handling of the bills at consignee and
interminated offices.
(b) Since the reimbursement requested are between Government
agencies, bills shall be paid as rendered without preaudit or receipt
[[Page 13]]
verification, subject only to the availability of funds and adjustments
for obvious significant errors in dollar amounts. The agencies are
responsible for establishing an adequate followup system to ensure that
goods and materials paid for are received.
(c) Agencies may use GSA Form 789 (Illustrated at Sec. 101-2.4902-
789) in processing payments to GSA in all cases where disbursing offices
can place the credit to the appropriate account without the transmittal
of a check to the GSA billing office. The Department of the Treasury
disburses payments for certain agency accounting stations; these
stations shall send the original and two copies of the GSA Form 789 to
the Treasury regional offices for processing in accordance with the
instructions contained in Treasury Department Circular No. 495, Second
Revision, Procedures Memorandum No. 1, as amended. Agencies making
payments by check shall arrange for one copy of the GSA Form 789 to be
transmitted with the check when it is forwarded to GSA.
[42 FR 55812, Oct. 19, 1977]
Sec. 101-2.106 Adjustments.
(a) Exceptions noted either at the time of payment or in postaudit
(subject to the provisions of automatic adjustment procedures in
paragraph (d) of this section, below) shall be brought to the attention
of GSA either by notation on the billing statement or by separate
communication. Approved adjustments will be reflected appropriately in
subsequent billings.
(b) Agencies shall notify GSA immediately of discrepancies or
deficiencies in shipments or nonreceipt of shipments so that appropriate
action may be taken. The discrepancies or deficiencies shall be
submitted to the GSA office which made or directed shipment in
accordance with GSA Handbook, Discrepancies or Deficiencies in GSA or
DOD Shipments, Material, or Billings (FPMR 101-26.8).
(c) Adjustments of billings or payments for supplies or services are
not required and should not be requested or made whenever the difference
involved resulting from over or under deliveries or over or under
charges is $25 or less on any line item on a bill or for any bills more
than 1 year old from the date of billing. This shall not be construed to
eliminate billings and payments for requisitioned items of $25 or less.
In connection with GSA Federal Supply Service activities, subpart 101-
26.8 is applicable to adjustments for discrepancies or deficiencies in
shipments of materials. To minimize followup, research, and collection
costs on intragovernmental transactions, agencies are urged to follow
the most liberal policy possible in determining whether to request
adjustment. To further expedite settlement of accounts between GSA and
the billed agencies, such settlement may be made by mutual agreement,
regardless of amount, without reference to the General Accounting
Office.
(d) Adjustments of billings or payments for supplies or services of
$25 or less explained in paragraph (c) of this section do not apply to
reimbursable commercial toll charges in the Federal Telecommunications
(FT) Fund. However, each agency head shall be responsible for
establishing controls over the use of telephones adequate for ensuring
that long distance telephone calls are made only when they are the most
economical and practicable means of communications available for
transaction of Government business. Such controls should also ensure
that commercial telephone facilities are used only when Government-owned
or -leased facilities are not available or when commercial telephone
facilities are more economical than Government-owned or -leased
facilities (7 GAO 25-3). Agencies are responsible for establishing an
adequate followup system to determine if any toll charges were
unofficial or uncertifiable. In the event the billing contains charges
of this nature, the department or agency shall:
(1) Investigate and recover from the individual the amount of such
charges;
(2) Take appropriate disciplinary action against individuals making
unauthorized unofficial calls; and
(3) Refer to GSA all uncertifiable calls remaining in doubt after
the above procedures have been carried out with a written statement that
investigation does not substantiate either payments pursuant to 31
U.S.C. 680a or
[[Page 14]]
further collection efforts by the department, establishment, or agency.
Upon receipt of the above statement for uncertifiable calls, GSA will
refer these charges to the telephone company for adjustment and provide
credit to the agency.
(e) Credit adjustments for authorized return sales will be issued by
GSA upon receipt of the returned material. The credit will be included
on the next bill issued.
[42 FR 55812, Oct. 19, 1977, as amended at 43 FR 21883, May 22, 1978]
Sec. 101-2.107 Statements of account.
A statement of account is mailed quarterly to each agency billed
office for unpaid items outstanding on each major revolving fund of GSA.
Agencies shall make appropriate notations on the statement regarding the
status of each item classified as delinquent and return the statement to
GSA.
[42 FR 55813, Oct. 19, 1977]
Subpart 101-2.2--Advances
Sec. 101-2.200 Scope of subpart.
This subpart prescribes the procedures for providing advances of
funds by agencies obtaining supplies and services from GSA to the
revolving, management, or working funds operated by GSA.
Sec. 101-2.201 Types of advances.
Sec. 101-2.201-1 Advance of funds; insufficient capital.
(a) Whenever GSA determines that the capital in a particular fund is
insufficient to finance the general program needs for supplies and
services to be requisitioned by agencies supported by a particular fund,
the affected agencies will be advised of the amount requested to be
deposited to the credit of the fund. Advances will be returned to the
agencies by GSA when the need for them no longer exists.
(b) When the amount to be advanced has been determined by mutual
agreement, GSA will bill the requisitioning agency by means of Standard
Form 1080, Voucher for Transfer Between Appropriations and/or Funds
(illustrated at Sec. 101-2.4901-1080), accompanied where appropriate by
Standard Form 1081, Voucher and Schedule of Withdrawal and Credits
(illustrated at Sec. 101-2.4901-1081), in accordance with the General
Accounting Office Policy and Procedures Manual for Guidance of Federal
Agencies, title 7, chapter 2, section 8. Upon receipt in the agency, a
cash transfer or payment by check, as appropriate, shall be accomplished
in the normal manner.
Sec. 101-2.201-2 Advance for specific services.
Advance billings are rendered for the following transactions:
(a) Quarterly advance bills are rendered for reimbursable space
occupancy and related costs on GSA Form 743, Invoice for Rent
(illustrated at Sec. 101-2.4902-743), at fixed rates per square foot
based on estimated costs. Itemization of the elements of costs is not
shown in the advance bill, nor is the bill adjusted to actual costs.
(b) Bills rendered on GSA Form 740, Invoice for Job Order Work
(illustrated at Sec. 101-2.4902-740), are normally based on actual costs
after completion of the job, without itemization of the elements of
costs. However, in the case of specific jobs of significant dollar size,
advance bills may be rendered to avoid impairment of GSA working
capital. In such instances, a final settlement will be made at
completion of the job to adjust the billing to actual costs.
Sec. 101-2.201-3 Advance of funds; mutual agreement.
Whenever circumstances are such that the financing of prospective
agency transactions through a fund by means of an advance is
advantageous, even though the capital of the fund is adequate, the
agency concerned and GSA may mutually agree to such financing of the
transactions. This type advance may be necessary to provide financing
for specific large dollar value transactions which otherwise may result
in a temporary depletion of available cash. In these circumstances, the
procedures for effecting payment shall be set forth in a letter of
agreement.
(a) The advances may be self-liquidating or for the duration of the
circumstances requiring the advance. Self-liquidating advance agreements
[[Page 15]]
will generally provide that GSA will apply the amount of billings
therefor directly against such advance, and that GSA will periodically
render an accounting for the status of the advance to the agency
concerned. Upon completion of the transaction, a settlement will be made
between the two agencies to close out the transaction.
(b) If the advance is not self-liquidating, the agreement will
generally only provide for final settlement between the two agencies and
return of all of the unliquidated portion of the advance.
Subpart 101-2.49--Forms and Reports
Sec. 101-2.4900 Scope of subpart.
This subpart contains illustrations of forms prescribed or available
for use in connection with subject matter covered in other subparts of
part 101-2.
Sec. 101-2.4901 Standard forms.
(a) Standard forms are illustrated in this Sec. 101-2.4901 to show
their text, format, and arrangement, and to provide a ready source of
reference. The subsection numbers in this section correspond with the
Standard form numbers.
(b) Supplies of Standard forms may be obtained from the nearest GSA
supply depot.
Sec. 101-2.4901-1080 Standard Form 1080, Voucher for Transfer between Appropriations and/or Funds.
Sec. 101-2.4901-1081 Standard Form 1081, Voucher and Schedule of Withdrawals and Credits.
Sec. 101-2.4902 GSA forms.
(a) GSA forms are illustrated in this section to show their text,
format, and arrangement and to provide a ready source of reference. The
subsection numbers in this Sec. 101-2.4902 correspond with the GSA form
numbers.
(b) GSA forms illustrated in this section may be obtained initially
from the General Services Administration (3FNDD), Union and Franklin
Streets Annex, Building 11, Alexandria, Va. 22314. Agency regional or
field offices should submit future requirements to their Washington
headquarters office, which will forward consolidated annual requirements
to the General Services Administration (BRO), Washington, DC 20405.
[42 FR 55813, Oct. 20, 1977]
Sec. 101-2.4902-740 GSA Form 740, Invoice for Job Order Work.
Sec. 101-2.4902-743 GSA Form 743, Invoice for Rent.
Sec. 101-2.4902-789 GSA Form 789, Statement, Voucher, and Schedule of Withdrawals and Credits.
Note: The forms illustrated in Sec. 101-2.4902-789 are filed with
the original document and do not appear in the Federal Register or the
Code of Federal Regulations.
[42 FR 55813, Oct. 20, 1977]
Sec. 101-2.4903 Treasury forms.
Treasury forms are illustrated in this section to show their text,
format, and arrangement and to provide a ready source of reference. The
subsection numbers in this Sec. 101-2.4903 correspond with the Treasury
form numbers.
[42 FR 55813, Oct. 20, 1977]
Sec. 101-2.4903-7306 TFS Form 7306, Paid Billing Statement for SIBAC Transactions.
Note: The forms illustrated at Sec. 101-2.4903-7306 are filed with
the original document and do not appear in the Federal Register or the
Code of Federal Regulations.
[42 FR 55813, Oct. 20, 1977]
PART 101-3--ANNUAL REAL PROPERTY INVENTORIES--Table of Contents
Sec.
101-3.000 Scope of part.
Subpart 101-3.1--General Provisions
101-3.100 Scope of subpart.
101-3.101 Background.
101-3.102 Program objectives.
101-3.103 Coverage.
101-3.104 Source of data.
101-3.105 Agency Liaison.
Subpart 101-3.2--Annual Reports--Real Property Owned by and Leased to
the United States
101-3.200 Scope of subpart.
101-3.201 Reporting agency.
[[Page 16]]
101-3.202 Coverage.
101-3.203 Exclusions.
101-3.204 Reports to be submitted.
101-3.205 Optional reporting method.
101-3.206 Preparation and due dates.
101-3.207 Supplementary information.
Subparts 101-3.3--101-3.48 [Reserved]
Subpart 101-3.49--Forms and Reports
101-3.4900 Scope of subpart.
101-3.4901 GSA forms.
101-3.4901-1166 GSA Form 1166: Annual Report of Real Property Owned by
or Leased to the United States.
101-3.4901-1166(I) Instructions for the preparation of GSA Form 1166:
Annual Report of Real Property Owned or Leased to the United
States.
101-3.4901-1166(I-A) Major cities.
101-3.4901-1209 GSA Form 1209: Summary of Number of Installations Owned
by or Leased to the United States.
101-3.4901-1209(I) Instructions for the preparation of GSA Form 1209:
Summary of Number of Installations Owned by or Leased to the
United States.
Authority: Sec. 205(c), 63 Stat. 390 40 U.S.C. 486(c).
Source: 29 FR 15596, Nov. 20, 1964, unless otherwise noted.
Sec. 101-3.000 Scope of part.
This part prescribes that procedures and forms for use by executive
agencies in preparing annual reports necessary for the maintenance and
publication of inventories of real property owned by and leased to the
United States as of the last day of September of each fiscal year.
[54 FR 38673, Sept. 20, 1989]
Subpart 101-3.1--General Provisions
Sec. 101-3.100 Scope of subpart.
This subpart deals with the background, objectives, and coverage of
reports in connection with the real property owned by and leased to the
United States.
Sec. 101-3.101 Background.
(a) The inventory of Federal real property was initiated and is
being continued at the request of the Senate Committee on
Appropriations.
(b) The House Committee on Government Operations requests data
annually on all federally owned real property for inclusion in its real
and personal property inventory reports.
(c) Executive Order 12411 and related regulations require annual
review of agency goals and plans in the area of space reduction and
property disposals.
[29 FR 15596, Nov. 20, 1964, as amended at 54 FR 38673, Sept. 20, 1989]
Sec. 101-3.102 Program objectives.
The principal objectives of the Governmentwide real property
inventory program are:
(a) To provide a centralized source of information on Federal real
property holdings;
(b) To track space utilization of reporting agencies;
(c) To identify underutilized property;
(d) To achieve the most effective control and economical
Governmentwide utilization of available property;
(e) To facilitate disposal of surplus property;
(f) To evaluate the compliance of reporting agencies with the
provisions of Executive Order 12411 and implementing regulations;
(g) To provide a basis for the intelligent evaluation and appraisal
of budgetary requirements; and
(h) To establish a ready reference for answering inquiries from the
Congress, the press, trade associations, educational institutions,
Federal, State and local government agencies, and the general public.
[54 FR 38673, Sept. 20, 1989]
Sec. 101-3.103 Coverage.
The inventory reports prescribed in this part 101-3 shall cover
land, buildings, and other structures and facilities throughout the
world, which are owned by or leased to the United States, including
wholly-owned Federal Government corporations.
Sec. 101-3.104 Source of data.
Data reported shall be based on agency real property and accounting
records.
Sec. 101-3.105 Agency Liaison.
Each reporting agency shall designate an official to serve as agency
[[Page 17]]
representative for the real property inventories. The same
representative should be designated for the federally owned and leased
real property inventories, although separate representatives are
permitted. The General Services Administration, Office of Governmentwide
Policy, Washington, DC 20405, shall be advised in writing of the names
of all such representatives and subsequent changes.
[54 FR 38674, Sept. 20, 1989]
Subpart 101-3.2--Annual Reports--Real Property Owned by and Leased to
the United States
Source: 54 FR 38674, Sept. 20, 1989, unless otherwise noted.
Sec. 101-3.200 Scope of subpart.
This subpart prescribes the procedures and forms to be used by
executive agencies in connection with annual reports on real property
owned by and leased to the United States.
Sec. 101-3.201 Reporting agency.
Reports on real property owned by and leased to the United States
shall be submitted by the agency responsible for the maintenance of real
property records and accounts as prescribed by General Accounting Office
principles and standards and illustrated in 2 GAO 1270 and 2 GAO 7030
for owned property. For purposes of this inventory, the above rule shall
apply regardless of the manner of acquisition or which agency is
currently using the property. For example:
(a) For general purpose buildings, such as office buildings or
warehouses, which are occupied by a Federal agency or agencies upon
determination by GSA, and for which GSA is responsible for elevator and
guard service, and for cleaning and maintenance, GSA is the reporting
agency.
(b) For special purpose buildings, such as Coast Guard stations,
military reservations, hospitals, and prisons, those agencies having
control of building management and operation including authority to
assign or reassign space in such buildings, will be considered as the
reporting agencies.
(c) For leased property, the agency currently administering the
lease and making payments to the lessor, regardless of which agency
executed the original lease or which agency is currently using the
property.
Sec. 101-3.202 Coverage.
The annual reports of real property owned by or leased to the United
States shall cover land, buildings, and other structures and facilities
owned by the United States throughout the world and all real property
leased from private individuals, organizations, and municipal, county,
state, and foreign governments, as evidenced by a written agreement
involving a monetary consideration and a landlord-tenant relationship.
It shall also include right of use and occupancy obtained under eminent
domain proceedings or equivalent procedures. These reports shall include
the following:
(a) Unreserved public domain lands.
(b) Public domain lands reserved for national forests, national
parks, military installations, or other purposes.
(c) Real property acquired by purchase, construction, donation, and
other methods.
(d) Real property in which the Government has a long-term interest
considered by the reporting agency as being equivalent to ownership.
(e) Buildings or other structures and facilities owned by or leased
to the Government whether or not located on Government-owned land.
(f) Excess and surplus real property. (The reporting agency, as
defined in Sec. 101-3.201, shall continue to retain accountability and
report excess and surplus real property pending its transfer to a
Federal agency or disposal.)
(g) Buildings being acquired under the terms of the Public Buildings
Purchase Contract Program or Lease Purchase Agreements (39 U.S.C. 2103,
40 U.S.C. 356). Buildings shall be reported upon completion of
construction. Separate annual reports shall also be submitted for real
properties held in trust by the Federal Government.
(h) Each lease executed for land only, with an annual rental of $500
or more.
(i) Each lease executed for a building location(s), other structures
and facilities, or combination thereof (whether
[[Page 18]]
or not land is included), with a total annual rental of $2,000 or more.
(j) Real property leased rent free or for a nominal rental rate may
be included when the property is considered significant by the reporting
agency. 35 Comp. Gen. 713 is suggested as a guide to help resolve
questions pertaining to the definition of nominal payment.
Sec. 101-3.203 Exclusions.
Annual inventory reports on real property owned by or leased to the
United States shall not include the following:
(a) Properties acquired through foreclosure, confiscation, or
seizure to be liquidated in settlement of a claim or debt to the Federal
Government.
(b) Rights-of-way or easements granted to the Government.
(c) Lands administered by the United States under trusteeship by
authority of the United Nations.
(d) Machinery and processing equipment which are not part of the
realty.
(e) Real property occupied under permit or other arrangements with
other Federal agencies or wholly owned Federal Government corporations.
(f) Leasehold improvements (Government-owned buildings or structures
located on leased land shall be reported as owned); and
(g) Real Property leased rent free or for nominal rent when property
is not considered significant by the reporting agency.
Sec. 101-3.204 Reports to be submitted.
(a) Each agency shall prepare in accordance with instructions in
Sec. 101-3.4901-1166(I) and submit to GSA a separate report on GSA Form
1166, Annual Report of Real Property Owned by or Leased to the United
States (see Sec. 101-3.4901-1166) for:
(1) Each newly acquired or previously omitted installation.
(2) Each installation received by transfer from another Federal
agency which is not merged with an existing installation.
(3) Each installation with increases or decreases in cost of $5,000
or more affecting any line item or the total for the installation.
(4) Each installation declared excess or surplus in whole or in
part.
(5) Each disposal of a complete installation.
(6) Each installation for which a revision of an entry on a previous
report is necessary to reflect a change in the name of an installation,
date or method of acquisition of property, acreage, number and/or floor
area of buildings, or predominant usage category of land, buildings, or
other structures and facilities.
(7) Each new lease becoming effective during the reporting period.
(8) Each renewed lease citing the new expiration date.
(9) Change in annual rental rate.
(b) It is only necessary to report changes since the last reporting
period and only identification data and affected line items need be
reported. However, agencies reporting for the first time under these
revised regulations must report their entire owned and leased
inventories.
(c) Each agency shall prepare in accordance with instructions in
Sec. 101-3.4901-1209(I) and submit to GSA a separate report on GSA Form
1209, Summary of Number of Installations Owned by or Leased to the
United States (see Sec. 101-3.4901-1209) for each bureau or other major
organizational unit, for owned and leased real property. Reports on GSA
Form 1209 shall be submitted whether or not changes have occurred since
the previous report.
Sec. 101-3.205 Optional reporting method.
Agencies with automated accounting systems may make arrangements
with GSA, Office of Governmentwide Policy, to furnish detailed reports
via magnetic tape input in lieu of GSA Form 1166. Each agency utilizing
this method must obtain the automated reporting requirements from GSA,
Office of Governmentwide Policy, before submitting any magnetic tape.
Sec. 101-3.206 Preparation and due dates.
The annual inventory reports prescribed in Sec. 101-3.204 shall be
prepared as of the last day of September of each fiscal year. An
original and one copy of each report shall be submitted to the General
Services Administration, Office of Governmentwide Policy, Washington, DC
20405, no later than 45 days after the report date.
[[Page 19]]
Sec. 101-3.207 Supplementary information.
This reporting system has been cleared in accordance with FIRMR 201-
45.6 and assigned interagency report control number 0315-GSA-AN. This
interagency report control number replaces 1119-GSA-AN, 1120-GSA-AN,
1540-GSA-AN and 1541-GSA-AN.
Subparts 101-3.3--101-3.48 [Reserved]
Subpart 101-3.49--Forms and Reports
Note: GSA forms filed with the Office of the Federal Register as
part of the original document. Copies may be obtained from Central
Office, GSA.
Sec. 101-3.4900 Scope of subpart.
This subpart contains illustrations of forms and instructions for
their completion, to be used by executive agencies in connection with
the submission of annual reports of real property owned by and leased to
the United States.
Sec. 101-3.4901 GSA forms.
The GSA forms referenced in this part may be obtained initially from
the GSA National Forms and Publications Center, Box 17550, 819 Taylor
Street, Fort Worth, TX 76102-0550. Agency field or regional offices
should submit future requirements to their Washington, DC, headquarters
office which will forward consolidated annual requirements to the
General Services Administration, ATTN: 7BR, Fort Worth, TX 76102. The
section numbers in this subpart correspond to the GSA form numbers and
related instruction for their preparation. Thus in Sec. 101-3.4901-
1166(I) appears instructions for the preparation of GSA Form 1166.
[54 FR 38675, Sept. 20, 1989]
Sec. 101-3.4901-1166 GSA Form 1166: Annual Report of Real Property Owned by or Leased to the United States.
Sec. 101-3.4901-1166(I) Instructions for the preparation of GSA Form 1166: Annual Report of Real Property Owned or Leased to the United States.
Sec. 101-3.4901-1166(I-A) Major cities.
Sec. 101-3.4901-1209 GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.
Sec. 101-3.4901-1209(I) Instructions for the preparation of GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.
PART 101-4 [RESERVED]
PART 101-5--CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES--Table of Contents
Sec.
101-5.000 Scope of part.
Subpart 101-5.1--General
101-5.100 Scope of subpart.
101-5.101 Applicability.
101-5.102 Definitions.
101-5.103 Policy.
101-5.104 Economic feasibility of centralized services.
101-5.104-1 General.
101-5.104-2 Basis for determining economic feasibility.
101-5.104-3 Data requirements for feasibility studies.
101-5.104-4 Scheduling feasibility studies.
101-5.104-5 Designating agency representatives.
101-5.104-6 Conduct of feasibility studies.
101-5.104-7 Administrator's determination.
101-5.105 Operation of the centralized facility.
101-5.106 Agency committees.
Subpart 101-5.2--Centralized Field Reproduction Services
101-5.200 Scope of subpart.
[[Page 20]]
101-5.201 Applicability.
101-5.202 Types of centralized field reproduction services.
101-5.203 Economic feasibility of centralized field reproduction
services.
101-5.203-1 Scheduling of feasibility studies.
101-5.203-2 Notification of feasibility studies.
101-5.203-3 Initiation of feasibility studies.
101-5.203-4 Duplicating Services--Individual Agency Survey.
101-5.203-5 Uniform space allowances.
101-5.203-6 Pooling of equipment and personnel.
101-5.203-7 Determination of feasibility.
101-5.204 Operation of centralized field reproduction facilities.
101-5.204-1 Continuity of service.
101-5.204-2 Announcement of centralized services.
101-5.204-3 Appraisal of operations.
101-5.205 Designation of other agencies to operate plants.
101-5.205-1 General.
101-5.205-2 Prerequisites to designation of other agencies.
101-5.205-3 Actions prior to operation of facilities.
101-5.205-4 Plant inspections and customer evaluations.
Subpart 101-5.3--Federal Employee Health Services
101-5.300 Scope of subpart.
101-5.301 Applicability.
101-5.302 Objective.
101-5.303 Guiding principles.
101-5.304 Type of occupational health services.
101-5.305 Agency participation.
101-5.306 Economic feasibility.
101-5.307 Public Health Service.
Subparts 101-5.4--101-5.48 [Reserved]
Subpart 101-5.49--Forms, Reports, and Instructions
101-5.4900 Scope of subpart.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Sec. 101-5.000 Scope of part.
This part prescribes the methods by which the General Services
Administration provides for establishment of centralized services in
Federal buildings or complexes occupied by a number of executive
agencies.
[56 FR 33873, July 24, 1991]
Subpart 101-5.1--General
Source: 30 FR 4199, Mar. 31, 1965, unless otherwise noted.
Sec. 101-5.100 Scope of subpart.
This subpart states general policies, guidelines, and procedures for
establishing centralized services in multioccupant Federal buildings.
[42 FR 35853, July 12, 1977]
Sec. 101-5.101 Applicability.
The regulations in this part apply to all executive agencies which
occupy space in or are prospective occupants of multi-occupant Federal
buildings located in the United States. In appropriate circumstances,
the centralized services provided pursuant to this part are extended to
agencies occupying other Federal buildings in the same geographical
area. For purposes of this part, reference to Federal buildings may be
deemed to include, when appropriate, leased buildings or specific leased
space in a commercial building under the control of GSA.
[56 FR 33873, July 24, 1991]
Sec. 101-5.102 Definitions.
(a) Centralized services means those central supporting and
administrative services and facilities provided to occupying agencies in
Federal buildings or nearby locations in lieu of each agency providing
the same services or facilities for its own use. This includes those
common administrative services provided by a Cooperative Administrative
Support Unit (CASU). It does not include such common building features
as cafeterias, blind stands, loading platforms, auditoriums,
incinerators, or similar facilities. Excluded are interagency fleet
management centers established pursuant to Public Law 766, 83d Congress,
and covered by part 101-39 of this chapter.
(b) Occupying agency means any Federal agency assigned space in a
building or complex for which GSA has oversight of, or responsibility
for the functions of operation and maintenance in addition to space
assignment.
(c) Cooperative Administrative Support Unit (CASU) means an
organized mechanism for providing administrative
[[Page 21]]
services for agencies in multi-tenant federally occupied buildings.
[56 FR 33873, July 24, 1991]
Sec. 101-5.103 Policy.
To the extent practicable, GSA will provide or arrange for the
provision of centralized services whenever such services insure
increased efficiency and economy to the Government without hampering
program activities or essential internal administration of the agencies
to be served.
Sec. 101-5.104 Economic feasibility of centralized services.
Sec. 101-5.104-1 General.
GSA is currently providing various centralized services to Federal
agencies in such fields as office and storage space, supplies and
materials, communications, records management, transportation services,
and printing and reprographics. Other centralized CASU's may be
providing supporting services or activities such as health units, use of
training devices and facilities, pistol ranges, and central facilities
for receipt and dispatch of mail. Consolidation and sharing is
frequently feasible with resulting economies in personnel, equipment,
and space. Opportunities to effect economies through planned
consolidation of such services occur particularly during the design
stage of the construction of new Federal buildings, or the renovations
to existing buildings. Opportunities may also occur as a result of needs
assessments jointly conducted by local agencies.
[56 FR 33873, July 24, 1991]
Sec. 101-5.104-2 Basis for determining economic feasibility.
(a) Whenever possible, determination of the economic feasibility of
a proposed centralized service shall be based upon standard data on the
relationship of the size of the Federal building, the number of
occupants, location, and other factors pertinent to the type of
centralized service being considered.
(b) In the absence of standard data on which a determination of
economic feasibility can be based, or where such data must be
supplemented by additional factual information, a formal feasibility
study may be made by GSA or a CASU workgroup, in coordination with local
agencies to be involved, prior to a final determination to proceed with
the furnishing of a centralized service. Generally, a formal feasibility
study will be made only if provision of the proposed centralized service
would involve the pooling of staff, equipment, and space which occupying
agencies otherwise would be required to use in providing the service for
themselves. Examples of centralized services which may require formal
studies include printing and duplicating plants and similar facilities.
(c) On the basis of experience under the centralized services
program, GSA will develop criteria as to cost comparisons, production
needs, building population, number of agencies involved, and other
appropriate factors for consideration in determining the practicability
of establishing various types of centralized services.
[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]
Sec. 101-5.104-3 Data requirements for feasibility studies.
(a) The data requirements for feasibility studies may vary from
program to program, but shall be standard within any single program.
Such data shall disclose the costs resulting from provisions of the
service on a centralized basis as compared to the same service provided
separately by each occupying agency, including the costs of personnel
assigned to provide the service, comparative space needs, equipment use,
and any other pertinent factors.
(b) Wherever feasible and appropriate, data will be secured directly
from the prospective occupying agencies, subject to necessary
verification procedures. Suitable standard formats and necessary
instructions for submission of data will be prescribed in applicable
subchapters of chapter 101.
(c) Agencies required to submit data for a feasibility study will be
furnished with copies of the prescribed reporting forms and such
assistance as may be needed to assure their accurate and timely
completion.
[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]
[[Page 22]]
Sec. 101-5.104-4 Scheduling feasibility studies.
The schedule of feasibility studies will be coordinated by GSA with
its construction, space management, and buildings management programs.
Before initiating the study, the Administrator of General Services, or
his authorized designee, will give at least 30 days' notice to the head
of each agency that would be served by the proposed centralized
facility. Such notice will contain an indication of the cost elements
involved and the general procedures to be followed in the study.
Sec. 101-5.104-5 Designating agency representatives.
The head of each agency receiving a GSA notice regarding a scheduled
feasibility study will be requested to designate one or more officials
at the location where the study will be made who may consult with
authorized GSA representatives. Such information and assistance as is
required or pertinent for an adequate review of the feasibility of the
proposed centralized service shall be made available to GSA through the
designated agency representatives.
Sec. 101-5.104-6 Conduct of feasibility studies.
An initial meeting of the representatives of prospective occupying
agencies will be held to discuss the objectives and detailed procedures
to be followed in the conduct of each feasibility study. Arrangements
will be made at this meeting for securing all necessary data in
accordance with Sec. 101-5.104-3.
Sec. 101-5.104-7 Administrator's determination.
(a) The Administrator of General Services will determine, on the
basis of the feasibility study, whether provision of a centralized
service meets the criteria for increased economy, efficiency, and
service, with due regard to the program and internal administrative
requirements of the agencies to be served. The Director of the Office of
Management and Budget and the head of each agency affected will be
advised of the Administrator's determination and of the reasons
therefor. Each determination to provide a centralized service shall
include a formal report containing an explanation of the advantages to
be gained, a comparison of estimated annual costs between the proposed
centralized operation and separate agency operations, and a statement of
the date the centralized facility will be fully operational.
(b) While a formal appeals procedure is not prescribed, any agency
desiring to explain its inability to participate in the use of a
centralized service may do so through a letter to the Director of the
Office of Management and Budget, with a copy to the Administrator of
General Services.
[42 FR 35853, July 12, 1977]
Sec. 101-5.105 Operation of the centralized facility.
(a) GSA will continually appraise the operation of centralized
facilities to insure their continued justification in terms of economy
and efficiency. Centralized services provided pursuant to the regulation
may be discontinued or curtailed if no actual savings or operating
improvements are realized after a minimum operating period of one year.
Occupying agencies will be consulted regarding the timing of curtailment
or discontinuance of any centralized services and the heads of such
agencies notified at least 120 days in advance of each action.
(b) Where mutual agreement is reached, an agency other than GSA may
be designated by the Administrator of General Services to administer the
centralized service.
(c) Arrangements with regard to financing will conform to the
special requirements of each type of centralized service and to existing
law. Normally, reimbursement will be made for the use of established
services except where the cost is nominal or where reimbursement may not
be practicable.
[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]
Sec. 101-5.106 Agency committees.
(a) Establishment. An occupying agency committee will be established
by GSA if one does not exist, to assist the occupying agency, or such
other agency as may be responsible, in the cooperative use of the
centralized services,
[[Page 23]]
as defined in 101-5.102(a), provided in a Federal building. Generally,
such a committee will be established when the problems of administration
and coordination necessitate a formal method of consultation and
discussion among occupying agencies.
(b) Membership. Each occupying agency of a Federal building is
entitled to membership on an agency committee. The chairperson of each
such committee shall be a GSA employee designated by the appropriate GSA
Regional Administrator, except when another agency had been designated
to administer the centralized service. In this instance, the chairperson
shall be an employee of such other agency as designated by competent
authority within that agency.
(c) Activities. Agency committees shall be advisory in nature and
shall be concerned with the effectiveness of centralized services in the
building. Recommendations of an agency committee will be forwarded by
the chairman to the appropriate GSA officials for consideration and
decision.
(d) Reports. A resume of the minutes of each meeting of an agency
committee shall be furnished to each member of the committee and to the
appropriate GSA Regional Administrator.
[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]
Subpart 101-5.2--Centralized Field Reproduction Services
Sec. 101-5.200 Scope of subpart.
This subpart states general guidelines and procedures for the
establishment and operation of centralized field printing, duplicating,
and photocopying services on a reimbursable basis. These services may be
provided in multi-occupant leased and/or government-owned buildings.
[56 FR 33874, July 24, 1991]
Sec. 101-5.201 Applicability.
This subpart is applicable to all executive agencies which occupy
space in or are prospective occupants of a multioccupant Federal
building or complex located in the United States.
[41 FR 46296, Oct. 20, 1976]
Sec. 101-5.202 Types of centralized field reproduction services.
With due regard to the rules and regulations of the Joint Committee
on Printing, the types of centralized field duplicating services made
available by GSA to occupying agencies in a Federal building or complex
will be as follows:
(a) Services will include offset reproduction, electronic
publishing, photocopying, distribution, bindery services, and other
closely related services as requested or required.
(b) Qualified specialists will be available for advice and guidance
on publications management.
[30 FR 4358, Apr. 3, 1965, as amended at 41 FR 46296, Oct. 20, 1976; 56
FR 33874, July 24, 1991]
Sec. 101-5.203 Economic feasibility of centralized field reproduction services.
Sec. 101-5.203-1 Scheduling of feasibility studies.
(a) Based on the available data on the proposed size, location,
number of agencies scheduled for occupancy, and other factors pertinent
to a proposed new or acquired Federal building, GSA may determine
whether to provide for a centralized field reproduction facility in the
space directive covering the new building. A feasibility study
thereafter will be scheduled and coordinated with the Federal building
program of the Public Buildings Service, GSA, and the occupying agencies
to occur during the period following development of the prospectus and
before development of final working drawings for the space directive.
The final decision to provide centralized field reproduction services in
a new or acquired Federal building will be subject to subsequent
determination by the GSA Administrator based upon results of the formal
feasibility study. Agencies wishing not to participate may do so by
requesting an exception from the appropriate GSA Regional Administrator.
(b) Feasibility studies may be initiated by GSA and coordinated with
occupying agencies in existing Federal buildings. Such studies will be
conducted in accordance with the rules prescribed in 101-5.203.
[56 FR 33874, July 24, 1991]
[[Page 24]]
Sec. 101-5.203-2 Notification of feasibility studies.
The Administrator of General Services, or his authorized designee,
will give at least 30 days notice to the head of each executive agency
that would be served by a proposed centralized field reproduction
facility in accordance with 101-5.104-4, and will request the
designation of agency representatives, as provided in 101-5.104-5.
[56 FR 33874, July 24, 1991]
Sec. 101-5.203-3 Initiation of feasibility studies.
Each feasibility study will be initiated with a general meeting of
designated agency representatives, as provided in Sec. 101-5.104-6.
Sec. 101-5.203-4 Duplicating Services--Individual Agency Survey.
Each agency covered by a feasibility study will be requested,
through its designated local representative, to complete and furnish to
the appropriate GSA regional office GSA Form 3300, Duplicating
Services--Individual Agency Survey. When necessary, representatives of
the GSA regional printing and distribution activity will be available to
assist in completion of the GSA Form 3300. Copies of GSA Form 3300 will
be furnished to the agencies by GSA regional offices at the time the
request for completion is made.
[41 FR 46296, Oct. 20, 1976]
Sec. 101-5.203-5 Uniform space allowances.
The space requirements for printing, duplicating, photocopying, and
related equipment under individual agency use as compared with use in a
centralized facility will be based upon uniform space allowances applied
equally under both conditions.
[56 FR 33874, July 24, 1991]
Sec. 101-5.203-6 Pooling of equipment and personnel.
(a) In establishing centralized reproduction facilities in Federal
buildings or complexes, GSA's regional office will make arrangements
with participating agencies for the transfer of duplicating and related
equipment for the centralized plant. Equipment for which there is no
foreseeable need in the centralized plant will not be transferred to the
plant but will be disposed of or transferred by the owning agency out of
the centralized plant. Copy processing machines, as provided in
paragraph (b) of this section, as well as reproduction, addressing, and
automatic-copy processing equipment used in bona fide systems
applications may be retained by mutual agreement with user agencies.
(b) All copy-processing machines having a maximum speed of 25 copies
a minute or less are exempted from transfer to the centralized plant,
subject to the following conditions:
(1) No automatic document feeders, sorting mechanisms, or similar
devices that encourage the use of the copier as a duplicating machine
will be permitted, except in certified bona fide systems applications
approved in advance by GSA.
(2) All purchase orders for new copying equipment or for
continuation of existing equipment shall be submitted to the centralized
facility manager for approval prior to release to the vendor.
(3) Exempted copiers, other than in bona fide systems applications
provided in this Sec. 101-5.203-6, are to be used for making not more
than 20 copies of any one original. Requirements for more than 20 copies
shall be submitted to the centralized facility for reproduction.
(4) The centralized facility manager shall periodically inspect
agency copiers to ensure compliance with the terms of the exemption
provisions. Following such inspections, action shall be taken first at
the local level, then, if necessary, at the headquarters level, to
promptly remove any unauthorized equipment, attachments, and devices not
in consonance with these provisions.
(c) Personnel devoting over 50 percent of time to the duplicating
activities of the affected agency will be identified for transfer to the
operating agency upon establishment of a centralized plant, in
accordance with the Office of Personnel Management regulations relating
to the transfer of functions. Agencies will transfer personnel ceiling
to the operating agency for employees so transferred. In the event of
[[Page 25]]
later disestablishment of the centralized facility or substantial
reduction in operations thereof, personnel ceiling will be returned to
the agencies from which originally received.
(d) Exceptions to pooling of equipment to meet the individual agency
programmatic need, special physical security needs, confidentiality
requirements, and/or certain quality standards will be made available to
occupant agencies when use of such equipment is justified. Each agency
must provide justification for approval of the GSA regional printing and
distribution activity before acquiring space and/or electrical service
from the building's manager. Otherwise, as agreed by the user agencies,
GSA will not make available space for duplicating equipment, or provide
other support services for such equipment in Federal buildings where use
of that equipment would duplicate the services provided by the
centralized services plant.
[41 FR 46296, Oct. 20, 1976, as amended at 56 FR 33875, July 24, 1991]
Sec. 101-5.203-7 Determination of feasibility.
The Administrator of General Services will determine the economic
feasibility of each proposed centralized field reproduction facility in
accordance with 101-5.104-7. The Director of the Office of Management
and Budget and the head of each affected agency will be advised of the
Administrator's determination to establish a centralized facility.
[56 FR 33875, July 24, 1991]
Sec. 101-5.204 Operation of centralized field reproduction facilities.
Sec. 101-5.204-1 Continuity of service.
Each new centralized field reproduction facility will be established
in sufficient time to assure occupants moving into the building that
there will be no interruption of duplicating services in support of
their program activities.
[56 FR 33875, July 24, 1991]
Sec. 101-5.204-2 Announcement of centralized services.
The appropriate GSA regional office will announce the availability
of a centralized field reproduction facility approximately 90 days in
advance of its activation, including:
(a) The date service will be available;
(b) The services which will be furnished, including technical
assistance on reproduction problems;
(c) A current price schedule;
(d) Procedures for obtaining service; and
(e) Billing procedures.
[56 FR 33875, July 24, 1991]
Sec. 101-5.204-3 Appraisal of operations.
(a) The appropriate GSA regional office will appraise continually
the operation of each centralized field reproduction facility. Proposals
to expand, modify, or discontinue a centralized activity shall be made
to the Director, Reproduction Services Division, in the Central Office,
and must be supported by all pertinent information.
(b) The Administrator of General Services will give a minimum of 120
days notice to the heads of agencies concerned before any action to
curtail or discontinue centralized services is taken.
[56 FR 33875, July 24, 1991]
Sec. 101-5.205 Designation of other agencies to operate plants.
Sec. 101-5.205-1 General.
The Administrator of General Services, in accordance with 101-
5.105(b), may designate an agency other than GSA to operate a
centralized field reproduction facility. Such designation will be made
only by mutual agreement with the agency head concerned.
[56 FR 33875, July 24, 1991]
Sec. 101-5.205-2 Prerequisites to designation of other agencies.
The following conditions are to be met by an agency designated by
GSA to operate a centralized field reproduction facility:
(a) Generally, prices changed to Government agencies using the
centralized field facility should be no higher than those specified on
the currently effective nationwide uniform General Services
Administration Reproduction Services Price Schedule. In special
circumstances, deviations from the Price
[[Page 26]]
Schedule may be developed jointly by GSA and the designated agency.
(b) The designated agency shall accept responsibility for
implementing the determination of the Administrator of General Services
to establish a centralized reproduction facility, issued in accordance
with 101-5.104-7 and 101-5.203-7, including the provisions for transfer
of excess equipment and other procedures and conditions specified in
that determination. Necessary deviations from the determination may be
developed jointly by GSA and the designated agency.
[56 FR 33875, July 24, 1991]
Sec. 101-5.205-3 Actions prior to operation of facilities.
The following actions are to be taken by an agency designated by GSA
to operate a centralized field reproduction facility prior to operations
of such a facility:
(a) The designated agency shall assist the appropriate GSA regional
office in the determination of firm space needs, including any special
requirements. Space needs will be furnished by the GSA regional
Administrative Services Division, Printing and Distribution Branch,
before forwarding it to the Public Buildings Service, GSA, for
preparation of final working drawings in the Federal building where the
plant is to be located.
(b) Arrangements shall be made by the designated agency, in
cooperation with GSA, for the pooling of equipment and the necessary
absorption of those employees of affected agencies engaged in
duplicating work, as prescribed in Sec. 101-5.203-6.
(c) After coordination with the designated operating agency to
obtain its current price schedule, procedures for obtaining service, and
billing procedures, GSA will announce the availability of the
centralized field reproduction facility in the manner prescribed in 101-
5.204-2.
[30 FR 17166, Dec. 31, 1965, as amended at 33 FR 3228, Feb. 21, 1968; 41
FR 46296, Oct. 20, 1976; 56 FR 33875, July 24, 1991]
Sec. 101-5.205-4 Plant inspections and customer evaluations.
Periodic facility inspections and customer evaluations will be
performed jointly by GSA and the designated agency in order to appraise
the continuing effectiveness of the centralized facility.
[56 FR 33876, July 24, 1991]
Subpart 101-5.3--Federal Employee Health Services
Authority: Chapter 865, 60 Stat. 903; 5 U.S.C. 7901.
Source: 30 FR 12883, Oct. 9, 1965, unless otherwise noted.
Sec. 101-5.300 Scope of subpart.
This subpart 101-5.3 states the objective, guiding principles,
criteria, and general procedures in connection with the establishment
and operation of Federal employee health services in buildings managed
by GSA.
Sec. 101-5.301 Applicability.
This subpart 101-5.3 is applicable to all Federal agencies which
occupy space in or are prospective occupying agencies of a building or
group of adjoining buildings managed by GSA.
Sec. 101-5.302 Objective.
It is the objective of GSA to provide or arrange for appropriate
health service programs in all Government-owned and leased buildings, or
groups of adjoining buildings, which it manages where the building
population warrants, where other Federal medical facilities are not
available, and, where the number of the occupying agencies indicating a
willingness to participate in such a program on a reimbursable basis
makes it financially feasible.
Sec. 101-5.303 Guiding principles.
The following principles will control the scope of the health
services to be provided in keeping with the objective:
(a) Employees who work in groups of 300 or more, counting employees
of all departments or agencies who are scheduled to be on duty at one
time in the same building or group of buildings in the same locality
will constitute the minimum number of employees required to warrant the
establishment of a health service of a scope specified in Sec. 101-
5.304.
[[Page 27]]
(b) As an exception to paragraph (a) of this section, health
services of the scope specified in Sec. 101-5.304 may be provided for
employees who work in groups of less than 300 where the employing
department or agency determines that working conditions involving
unusual health risks warrant such provision.
(c) Treatment and medical care in performance-of-duty cases will be
provided to employees as set forth in the Federal Employees'
Compensation Act (5 U.S.C. 751 et seq.).
(d) Reimbursable costs for providing health services will be based
on an operating budget which is a summary of all costs required to
operate the health service. The reimbursement cost is prorated to
participating agencies by means of a per capital formula computed by
dividing the operating budget of the health service by the total number
of employees sponsored for service. The size of the Federal population
served, the compensation of the employees of the health unit, and other
factors of medical economics prevalent in the area are factors which
affect the local reimbursement cost. Further, in appropriate cases where
more than one health unit is servicing employees housed in the same
general locality, costs may be equalized by combining the operating
budgets of all such units and dividing the total of the operating
budgets by the number of employees sponsored. Special industrial
conditions or othe abnormal health or accident risk environments may
increase the per capita cost.
[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]
Sec. 101-5.304 Type of occupational health services.
The type of occupational health services made available to occupying
agencies will be as follows:
(a) Emergency diagnosis and first treatment of injury or illness
that become necessary during working hours and that are within the
competence of the professional staff and facilities of the health
service unit, whether or not such injury was sustained by the employee
while in the performance of duty or whether or not such illness was
caused by his employment. In cases where the necessary first treatment
is outside the competence of the health service staff and facilites,
conveyance of the employee to a nearby physician or suitable community
medical facility may be provided at Government expense at the request
of, or on behalf of, the employee.
(b) Preemployment examinations of persons selected for appointment.
(c) Such inservice examinations of employees as the participating
agency determines to be necessary, such as voluntary employee health
maintenance examinations which agencies may request for selected
employees. Such examinations may be offered on a limited formula plan to
all participating agencies when the resources of the health service
staff and facilities will permit. Alternatively, when agencies are
required to limit the cost of an occupational health services program,
the provision of inservice examinations may be provided to selected
employees of individual agencies and reimbursed on an individual basis.
(d) Administration, in the discretion of the responsible health
service unit physician, of treatments and medications
(1) Furnished by the employee and prescribed in writing by his
personal physician as reasonably necessary to maintain the employee at
work, and
(2) Prescribed by a physician providing medical care in performance-
of-duty injury or illness cases under the Federal Employees'
Compensation Act.
(e) Preventive services within the competence of the professional
staff
(1) To appraise and report work environment health hazards as an aid
in preventing and controlling health risks;
(2) To provide health education to encourage employees to maintain
personal health; and
(3) To provide specific disease screening examinations and
immunizations.
(f) In addition, employees may be referred, upon their request, to
private physicians, dentists, and other community health resources.
[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]
[[Page 28]]
Sec. 101-5.305 Agency participation.
At the time the space requirements for a building or a group of
adjoining buildings are developed by GSA, the prospective occupying
agencies will be canvassed by GSA to determine if they wish to
participate in the occupational health services program. Each agency
desiring to participate in the program will be requested to furnish GSA
with a written commitment, signed by an authorized official, that it is
prepared to reimburse GSA, or such other agency as is designated
pursuant to Sec. 101-5.105(b), on a yearly per capita basis for each of
its employees housed in the building or buildings covered by the
program.
Sec. 101-5.306 Economic feasibility.
(a) The studies by GSA which lead to the development of space
requirements and the determinations made as the result thereof will
constitute the feasibility studies and the Administrator's determination
contemplated by Sec. 101-5.104.
(b) Each determination to provide health services will be governed
by the principles stated in Sec. 101-5.303 and will be in consonance
with the general standards and guidelines furnished Federal agencies by
the Public Health Service of the Department of Health, Education, and
Welfare.
Sec. 101-5.307 Public Health Service.
(a) The only authorized contact point for assistance of and
consultation with the Public Health Service is the Federal Employee
Health Programs, Division of Hospitals, Public Health Service,
Washington, DC 20201. Other Federal agencies may be designated by the
GSA Regional Administrator, pursuant to Sec. 101-5.105(b) to operate
occupational health services. Designated agencies should contact the
Public Health Service directly on all matters dealing with the
establishment and operation of these services.
(b) Public Health Service should be consulted by the designated
agency on such matters as types, amounts, and approximate cost of
necessary equipment; the scope of the services to be provided if it is
affected by the amount of space and number of building occupants; types
and amounts of supplies, materials, medicines, etc., which should be
stocked; and the approximate cost of personnel staffing in cases where
this method of operation is chosen, etc. PHS should also be asked to
develop and monitor standards under which each health unit would be
operated.
Subparts 101-5.4--101-5.48 [Reserved]
Subpart 101-5.49--Forms, Reports, and Instructions
Sec. 101-5.4900 Scope of subpart.
This subpart contains forms, reports, and related instructions used
in connection with the regulations on centralized services in Federal
buildings prescribed in this part 101-5.
[30 FR 4359, Apr. 3, 1965]
PART 101-6--MISCELLANEOUS REGULATIONS--Table of Contents
Sec.
101-6.000 Scope of part.
Subpart 101-6.1 [Reserved]
Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal
Financial Assistance
101-6.201 Scope of subpart.
101-6.202 Purpose.
101-6.203 Application of subpart.
101-6.204 Discrimination prohibited.
101-6.204-1 General.
101-6.204-2 Specific discriminatory actions prohibited.
101-6.204-3 Special programs.
101-6.205 Assurances required.
101-6.205-1 General.
101-6.205-2 Continuing State programs.
101-6.205-3 Elementary and secondary schools.
101-6.205-4 Applicability of assurances.
101-6.206 Illustrative applications.
101-6.207--101-6.208 [Reserved]
101-6.209 Compliance information.
101-6.209-1 Cooperation and assistance.
101-6.209-2 Compliance reports.
101-6.209-3 Access to sources of information.
101-6.209-4 Information to beneficiaries and participants.
101-6.210 Conduct of investigations.
101-6.210-1 Periodic compliance reviews.
101-6.210-2 Complaints.
101-6.210-3 Investigations.
101-6.210-4 Resolution of matters.
[[Page 29]]
101-6.210-5 Intimidatory or retaliatory acts prohibited.
101-6.211 Procedure for effecting compliance.
101-6.211-1 General.
101-6.211-2 Noncompliance with Sec. 101-6.205.
101-6.211-3 Termination of or refusal to grant or to continue Federal
financial assistance.
101-6.211-4 Other means authorized by law.
101-6.212 Hearings.
101-6.212-1 Opportunity for hearing.
101-6.212-2 Time and place of hearing.
101-6.212-3 Right to counsel.
101-6.212-4 Procedures, evidence, and record.
101-6.212-5 Consolidated or joint hearings.
101-6.213 Decisions and notices.
101-6.213-1 Decision by person other than the responsible GSA official.
101-6.213-2 Decisions on record or review by the responsible GSA
official.
101-6.213-3 Decisions on record where a hearing is waived.
101-6.213-4 Rulings required.
101-6.213-5 Approval by Administrator.
101-6.213-6 Content of orders.
101-6.213-7 Post termination proceedings.
101-6.214 Judicial review.
101-6.215 Effect on other regulations; forms and instructions.
101-6.215-1 Effect on other regulations.
101-6.215-2 Forms and instructions.
101-6.215-3 Supervision and coordination.
101-6.216 Definitions.
101-6.217 Laws authorizing Federal financial assistance for programs to
which this subpart applies.
Subpart 101-6.3--Ridesharing
101-6.300 Federal facility ridesharing--general policy.
101-6.301 Definitions.
101-6.302 Employee transportation coordinators.
101-6.303 Reporting procedures.
101-6.304 Exemptions.
101-6.305 Assistance to agencies.
Subpart 101-6.4--Official Use of Government Passenger Carriers Between
Residence and Place of Employment
101-6.400 Scope and applicability.
101-6.401 Definitions.
101-6.402 Policy.
101-6.403 Agency responsibilities.
101-6.404 Reports.
101-6.405 Additional guidance.
Subpart 101-6.5--Code of Ethics for Government Service
101-6.500 Scope of subpart.
Subpart 101-6.6--Fire Protection (Firesafety) Engineering
101-6.600 Scope of subpart.
101-6.601 Background.
101-6.602 Application.
101-6.603 Definitions.
101-6.604 Requirements.
101-6.605 Responsibility.
Subparts 101-6.7--101-6.9 [Reserved]
Subpart 101-6.10--Federal Advisory Committee Management
101-6.1001 Scope.
101-6.1002 Policy.
101-6.1003 Definitions.
101-6.1004 Examples of advisory meetings or groups not covered by the
Act or this subpart.
101-6.1005 Authorities for establishment of advisory committees.
101-6.1006 [Reserved]
101-6.1007 Agency procedures for establishing advisory committees.
101-6.1008 The role of GSA.
101-6.1009 Responsibilities of an agency head.
101-6.1010 [Reserved]
101-6.1011 Responsibilities of the chairperson of an independent
Presidential advisory committee.
101-6.1012 [Reserved]
101-6.1013 Charter filing requirements.
101-6.1014 [Reserved]
101-6.1015 Advisory committee information which must be published in
the Federal Register.
101-6.1016 [Reserved]
101-6.1017 Responsibilities of the agency Committee Management Officer.
101-6.1018 [Reserved]
101-6.1019 Duties of the Designated Federal Officer.
101-6.1020 [Reserved]
101-6.1021 Public participation in advisory committee meetings.
101-6.1022 [Reserved]
101-6.1023 Procedures for closing an advisory committee meeting.
101-6.1024 [Reserved]
101-6.1025 Requirement for maintaining minutes of advisory committee
meetings.
101-6.1026 [Reserved]
101-6.1027 Termination of advisory committees.
101-6.1028 [Reserved]
101-6.1029 Renewal and rechartering of advisory committees.
101-6.1030 [Reserved]
101-6.1031 Amendments to advisory committee charters.
101-6.1032 [Reserved]
[[Page 30]]
101-6.1033 Compensation and expense reimbursement of advisory committee
members, staffs and consultants.
101-6.1034 [Reserved]
101-6.1035 Reports required for advisory committees.
Subparts 101-6.11--101-6.20 [Reserved]
Subpart 101-6.21--Intergovernmental Review of General Services
Administration Programs and Activities
101-6.2100 Scope of subpart.
101-6.2101 What is the purpose of these regulations?
101-6.2102 What definitions apply to these regulations?
101-6.2103 What programs and activities of GSA are subject to these
regulations?
101-6.2104 What are the Administrator's general responsibililties under
the Order?
101-6.2105 What is the Administrator's obligation with respect to
Federal interagency coordination?
101-6.2106 What procedures apply to the selection of programs and
activities under these regulations?
101-6.2107 How does the Administrator communicate with State and local
officials concerning GSA's programs and activities?
101-6.2108 How does the Administrator provide States an opportunity to
comment on proposed Federal financial assistance and direct
Federal development?
101-6.2109 How does the Administrator receive and respond to comments?
101-6.2110 How does the Administrator make efforts to accommodate
intergovernmental concerns?
101-6.2111 What are the Administrator's obligations in interstate
situations?
101-6.2112 How may a State simplify, consolidate, or substitute
federally required State plans?
101-6.2113 May the Administrator waive any provision of these
regulations?
Subparts 101-6.22--101-6.48 [Reserved]
Subpart 101-6.49--Illustrations
101-6.4900 Scope of subpart.
101-6.4901 [Reserved]
101-6.4902 Format of certification required for budget submissions of
estimates of obligations in excess of $100,000 for
acquisitions of real and related personal property.
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); 31 U.S.C.
1344(e)(1).
Sec. 101-6.000 Scope of part.
This part sets forth miscellaneous regulations regarding Federal
Property Management Regulations matters which do not come within the
scope of any other subchapter of chapter 101.
(5 U.S.C. 5724, and E.O. 11012, 27 FR 2983; 3 CFR, 1959-1963 Comp., p.
591)
[29 FR 15972, Dec. 1, 1964]
Subpart 101-6.1 [Reserved]
Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal
Financial Assistance
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
Source: 29 FR 16287, Dec. 4, 1964, unless otherwise noted.
Sec. 101-6.201 Scope of subpart.
This subpart provides the regulations of the General Services
Administration (GSA) under title VI of the Civil Rights Act of 1964 (52
U.S.C. 2000d--2000d-4) concerning nondiscrimination in federally
assisted programs in connection with which Federal financial assistance
is extended under laws administered in whole or in part by GSA.
[38 FR 17973, July 5, 1973]
Sec. 101-6.202 Purpose.
The purpose of this subpart is to effectuate the provisions of title
VI of the Civil Rights Act of 1964 (hereinafter referred to as the
``Act'') to the end that no person in the United States shall, on the
ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity receiving Federal
financial assistance from GSA.
Sec. 101-6.203 Application of subpart.
(a) Subject to paragraph (b) of this section, this subpart applies
to any program for which Federal financial assistance is authorized
under a law administered in whole or in part by GSA, including the laws
listed in Sec. 101-6.217. It applies to money paid, property
transferred, or other Federal financial assistance extended to any such
program after the effective date of this subpart pursuant to an
application approved prior to such effective
[[Page 31]]
date. This subpart does not apply to (1) Any Federal financial
assistance by way of insurance or guaranty contracts, (2) money paid,
property transferred, or other assistance extended to any such program
before the effective date of this subpart, except to the extent
otherwise provided by contract, (3) any assistance to any individual who
is the ultimate beneficiary under any such program, or (4) any
employment practice, under any such program, of any employer, employment
agency, or labor organization, except to the extent described in
Sec. 101-6.204-2(d). The fact that a statute which authorizes GSA to
extend Federal financial assistance to a program or activity is not
listed in Sec. 101-6.217 shall not mean, if title VI of the Act is
otherwise applicable, that such program is not covered. Other programs
involving statutes now in force or hereinafter enacted may be added to
this list by notice published in the Federal Register.
(b) The regulations issued by the following Departments pursuant to
title VI of the Act shall be applicable to the programs involving
Federal financial assistance of the kind indicated, and those
Departments shall respectively be responsible for determining and
enforcing compliance therewith:
(1) Department of Health, Education, and Welfare--donation or
transfer of surplus property for purposes of education or public health
(Sec. 101-6.217 (a)(2) and (b)).
(2) Department of Defense--donation of surplus personal property for
purposes of civil defense (Sec. 101-6.217(a)(2)).
(3) Department of Transportation--donation of property for public
airport purposes (Sec. 101-6.217(c)). GSA will, however, be responsible
for obtaining such assurances as may be required in applications and in
instruments effecting the transfer of property.
(4) Department of the Interior--disposal of surplus real property,
including improvements, for use as a public park, public recreational
area, or historic monument (Sec. 101-6.217(d) (1) and (2)). GSA will,
however, be responsible for obtaining such assurances as may be required
in applications and in instruments effecting the transfer of property
for use as a historic monument.
(5) Department of Housing and Urban Development--disposal of surplus
real property for use in the provision of rental or cooperative housing
to be occupied by families or individuals of low or moderate income
(Sec. 101-6.217(q)).
(c) Each Department named in paragraph (b) of this section shall
keep GSA advised of all compliance and enforcement actions, including
sanctions imposed or removed, taken by it with respect to the programs
specified in paragraph (b) of this section to which the regulations of
such Department apply.
[38 FR 17973, July 5, 1973]
Sec. 101-6.204 Discrimination prohibited.
Sec. 101-6.204-1 General.
No person in the United States shall, on the ground of race, color,
or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program to which this subpart applies.
Sec. 101-6.204-2 Specific discriminatory actions prohibited.
(a)(1) In connection with any program to which this subpart applies,
a recipient may not, directly or through contractual or other
arrangements, on the ground of race, color, or national origin:
(i) Deny an individual any service, financial aid, or other benefit
provided under the program;
(ii) Provide any service, financial aid, or other benefit to an
individual which is different, or is provided in a different manner,
from that provided to others under the program;
(iii) Subject an individual to segregation or separate treatment in
any matter related to his receipt of any service, financial aid, or
other benefit under the program;
(iv) Restrict an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any service,
financial aid, or other benefit under the program;
(v) Treat an individual differently from others in determining
whether he satisfies any admission, enrollment, quota, eligibility,
membership or other
[[Page 32]]
requirement or condition which individuals must meet in order to be
provided any service, financial aid, or other benefit provided under the
program;
(vi) Deny an individual an opportunity to participate in the program
through the provision of services or otherwise, or afford him an
opportunity to do so which is different from that afforded others under
the program (including the opportunity to participate in the program as
an employee but only to the extent set forth in paragraph (d) of this
Sec. 101-6.204-2).
(2) A recipient, in determining the types of services, financial
aid, or other benefits, or facilities which will be provided under any
such program, or the class of individuals to whom, or the situations in
which, such services, financial aid, other benefits, or facilities will
be provided under any such program, or the class of individuals to be
afforded an opportunity to participate in any such program, may not,
directly or through contractual or other arrangements, utilize criteria
or methods of administration which have the effect of subjecting
individuals to discrimination because of their race, color, or national
origin, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program as respect individuals
of a particular race, color, or national origin.
(3) In determining the site or location of facilities, an applicant
or recipient may not make selections with the purpose or effect of
excluding individuals from, denying them the benefits of, or subjecting
them to discrimination under any program to which this subpart applies,
on the ground of race, color, or national origin or with the purpose or
effect of defeating or substantially impairing the accomplishment of the
objectives of the Act or this subpart.
(4) This subpart does not prohibit the consideration of race, color,
or national origin if the purpose and effect are to remove or overcome
the consequences of practices or impediments which have restricted the
availability of, or participation in, the program or activity receiving
Federal financial assistance, on the ground of race, color, or national
origin. Where previous discriminatory practice or usage tends, on the
ground of race, color, or national origin, to exclude individuals from
participation in, to deny them the benefits of, or to subject them to
discrimination under any program or activity to which this subpart
applies, the applicant or recipient has an obligation to take reasonable
action to remove or overcome the consequences of the prior
discriminatory practice or usage, and to accomplish the purposes of the
Act.
(b) As used in this Sec. 101-6.204-2 the services, financial aid, or
other benefits provided under a program receiving Federal financial
assistance shall be deemed to include any service, financial aid, or
other benefit provided in or through a facility provided with the aid of
Federal financial assistance.
(c) The enumeration of specific forms of prohibited discrimination
in this Sec. 101-6.204-2 does not limit the generality of the
porhibition in Sec. 101-6.204-1.
(d)(1) Where a primary objective of the Federal financial assistance
to a program to which this subpart applies is to provide employment, a
recipient may not, directly or through contractual or other
arrangements, subject an individual to discrimination on the ground of
race, color, or national origin in its employment practices under such
program (including, but not limited to, recruitment or recruitment
advertising; employment; layoff or termination; upgrading, demotion, or
transfer; rates of pay or other forms of compensation; selection for
training, including apprenticeship; and use of facilities). The
requirements applicable to construction employment under any such
program shall be those specified in or pursuant to part III of Executive
Order 11246 or the corresponding provisions of any Executive order which
supersedes it.
(2) Where a primary objective of the Federal financial assistance is
not to provide employment, but discrimination on the ground of race,
color, or national origin in the employment practices of the recipient
or other persons subject to this subpart tends, on the ground of race,
color, or national origin, to exclude individuals from participation in,
to deny them the benefits
[[Page 33]]
of, or to subject them to discrimination under any program to which this
subpart applies, the provisions of paragraph (d)(1) of this section
shall apply to the employment practices of the recipient or other
persons subject to this subpart, to the extent necessary to insure
equality of opportunity to, and nondiscriminatory treatment of,
beneficiaries.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]
Sec. 101-6.204-3 Special programs.
An individual shall not be deemed subjected to discrimination by
reason of his exclusion from the benefits of a program limited by
Federal law to individuals of a particular race, color, or national
origin different from his.
Sec. 101-6.205 Assurances required.
Sec. 101-6.205-1 General.
(a) Every application for Federal financial assistance to carry out
a program to which this subpart 101-6.2 applies, except a program to
which Sec. 101-6.205-2 applies, and every application for Federal
financial assistance to provide a facility shall, as a condition to its
approval and the extension of any Federal financial assistance pursuant
to the application, contain or be accompanied by an assurance that the
program will be conducted or the facility operated in compliance with
all requirements imposed by or pursuant to this subpart 101-6.2. In the
case of an application for Federal financial assistance to provide real
property or structures thereon, the assurance shall obligate the
recipient, or, in the case of a subsequent transfer, the transferee, for
the period during which the real property or structures are used for a
purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits.
In the case of personal property, the assurance shall obligate the
recipient for the period during which he retains ownership or possession
of the property. In all other cases the assurance shall obligate the
recipient for the period during which Federal financial assistance is
extended pursuant to the application. The responsible GSA official shall
specify the form of the foregoing assurances for each program and the
extent to which like assurances will be required of subgrantees,
contractors and subcontractors, transferees, successors in interest, and
other participants in the program. Any such assurance shall include
provisions which give the United States a right to seek its judicial
enforcement.
(b) In the case of real property, structures or improvements
thereon, or interests therein, which is acquired with Federal financial
assistance, or in the case where Federal financial assistance is
provided in the form of a transfer of real property or interest therein
from the Federal Government, the instrument effecting or recording the
transfer shall contain a covenant running with the land assuring
nondiscrimination for the period during which the real property is used
for a purpose for which the Federal financial assistance is extended or
for another purpose involving the provision of similar services or
benefits. Where no transfer of property is involved, but property is
improved under a program of Federal financial assistance, the recipient
shall agree to include such a covenant in any subsequent transfer of
such property. Where the property is obtained from the Federal
Government, such covenant may also include a condition coupled with a
right to be reserved by GSA to revert title to the property in the event
of a breach of the covenant where, in the discretion of the responsible
GSA official, such a condition and right of reverter is appropriate to
the program under which the real property is obtained and to the nature
of the grant and the grantee. In such event, if a transferee of real
property proposes to mortgage or otherwise encumber the real property as
security for financing construction of new, or improvement of existing,
facilities on such property for the purposes for which the property was
transferred, the Administrator may agree, upon request of the transferee
and if necessary to accomplish such financing, and upon such conditions
as he deems appropriate, to forebear the exercise of such right to
revert title for so long as the lien of such mortgage or other
encumberance remains effective.
[[Page 34]]
(c) The assurance required in the case of a transfer of personal
property shall be inserted in the instrument effecting the transfer of
the property.
(d) In the case of programs not involving a transfer of property,
the assurance required shall be inserted in the agreement executed
between the United States and the recipient covering the extension of
Federal financial assistance.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]
Sec. 101-6.205-2 Continuing State programs.
Every application by a State or a State agency to carry out a
program involving continuing Federal financial assistance to which this
subpart applies shall as a condition to its approval and the extension
of any Federal financial assistance pursuant to the application (a)
contain or be accompanied by a statement that the program is (or, in the
case of a new program, will be) conducted in compliance with all
requirements imposed by or pursuant to this subpart, and (b) provide or
be accompanied by provision for such methods of administration for the
program as are found by the responsible GSA official to give reasonable
assurance that the applicant and all recipients of Federal financial
assistance under such program will comply with all requirements imposed
by or pursuant to this subpart.
[38 FR 17974, July 5, 1973]
Sec. 101-6.205-3 Elementary and secondary schools.
The requirements of Secs. 101-6.205-1 and 101-6.205-2 with respect
to any elementary or secondary school or school system shall be deemed
to be satisfied if such school or school system (a) Is subject to a
final order of a court of the United States for the desegregation of
such school or school system, and provides an assurance that it will
comply with such order, including any future modification of such order,
or (b) submits a plan for the desegregation of such school or school
system which the responsible official of the Department of Health,
Education, and Welfare determines is adequate to accomplish the purposes
of the Act and this subpart within the earliest practicable time, and
provides reasonable assurance that it will carry out such plan. In any
case of continuing Federal financial assistance such responsible
official may reserve the right to redetermine, after such period as may
be specified by him, the adequacy of the plan to accomplish the purposes
of the Act and this subpart. In any case in which a final order of a
court of the United States for the desegregation of such school or
school system is entered after submission of such a plan, such plan
shall be revised to conform to such final order, including any future
modification of such order.
[38 FR 17974, July 5, 1973]
Sec. 101-6.205-4 Applicability of assurances.
(a) In the case of any application for Federal financial assistance
to an institution of higher education, the assurance required by this
Sec. 101-6.205 shall extend to admission practices and to all other
practices relating to the treatment of students.
(b) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of individuals as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such individuals, shall be applicable to
the entire institution unless the applicant establishes, to the
satisfaction of the responsible GSA official, that the institution's
practices in designated parts or programs of the institution will in no
way affect its practices in the program of the institution for which
Federal financial assistance is sought, or the beneficiaries of or
participants in such program. If in any such case the assistance sought
is for the construction of a facility or part of a facility, the
assurance shall in any event extend to the entire facility and to
facilities operated in connection therewith.
(c) Where an installation or facility (for example, a public
airport, or park or recreation area) is comprised of real property for
which application is made
[[Page 35]]
under a program, and, in addition, other real property of the applicant,
the assurance required under this Sec. 101-6.205 shall be applicable to
the entire installation or facility.
Sec. 101-6.206 Illustrative applications.
The following examples will illustrate the application of the
foregoing provisions of this subpart to certain programs for which
Federal financial assistance is extended by GSA (in all cases the
discrimination prohibited is discrimination on the ground of race,
color, or national origin, prohibited by title VI of the Act and this
subpart):
(a) In the programs involving the transfer of surplus property for
airport, park or recreation, historic monument, wildlife conservation,
or street widening purposes (Sec. 101-6.217(c), (d), (e), and (h)), the
public generally is entitled to the use of the facility and to receive
the services provided by the facility and to facilities operated in
connection therewith, without segregation or any other discriminatory
practices.
(b) In the program involving the loan of machine tools to nonprofit
institutions or training schools (Sec. 101-6.217(o)), discrimination by
the recipient in the admission of students or trainees or in the
treatment of its students or trainees in any aspect of the educational
process is prohibited. In the case of an institution of higher
education, the prohibition applies to the entire institution except as
provided in paragraph (b) of Sec. 101-6.205-4. In the case of elementary
or secondary schools, the prohibition applies to all elementary and
secondary schools of the recipient school district, consistent with
Sec. 101-6.205-3. In this and other illustrations the prohibition of
discrimination in the treatment of students or trainees includes the
prohibition of discrimination among the students or trainees in the
availability or use of any academic, dormitory, eating, recreational, or
other facilities of the recipient.
(c) In the programs involving the donation of personal property to
public bodies or the American National Red Cross (Sec. 101-6.217 (f) and
(j)), discrimination in the selection or treatment of individuals to
receive or receiving the benefits or services of the program is
prohibited.
(d) In the program involving the donation of personal property to
eleemosynary institutions (Sec. 101-6.217(1)), the assurance will apply
to applicants for admission, patients, interns, residents, student
nurses, and other trainees, and to the privilege of physicians,
dentists, and other professionally qualified persons to practice in the
institution, and will apply to the entire institution and to facilities
operated in connection therewith, subject to the provisions of Sec. 101-
6.205-4(b).
(e) In the programs involving the allotment of space by GSA to
Federal Credit Unions, without charge for rent or services, and the
provision of free space and utilities for vending stands operated by
blind persons (Sec. 101-6.217 (i) and (k)), discrimination by
segregation or otherwise in providing benefits or services is
prohibited.
(f) In the program involving grants to State and local agencies and
to nonprofit organizations and institutions for the collecting,
describing, preserving, and compiling and publishing of documentary
sources significant to the history of the United States (Sec. 101-
6.217(n)), discrimination by the recipient in the selection of students
or other participants in the program, and, with respect to educational
institutions, in the admission or treatment of students, is prohibited.
(g) In the program involving the transfer of surplus real property
for use in the provision of rental or cooperative housing to families or
individuals of low or moderate income (Sec. 101-6.217(q)),
discrimination in the selection and assignment of tenants is prohibited.
(h) A recipient may not take action that is calculated to bring
about indirectly what this subpart forbids it to accomplish directly.
(i) In some situations even though past discriminatory practices
have been abandoned, the consequences of such practices continue to
impede the full availability of a benefit. If the efforts required of
the applicant or recipient under Sec. 101-6.209-4 to provide information
as to the availability of the program or activity and the rights of
beneficiaries under this subpart have failed to overcome these
consequences,
[[Page 36]]
it will become necessary for such applicant or recipient to take
additional steps to make the benefits fully available to racial and
nationality groups previously subjected to discrimination. This action
might take the form, for example, of special arrangements for obtaining
referrals or making selections which will ensure that groups previously
subjected to discrimination are adequately served.
(j) Even though an applicant or recipient has never used
discriminatory policies, the services and benefits of the program or
activity it administers may not in fact be equally available to some
racial or nationality groups. In such circumstances, an applicant or
recipient may properly give special consideration to race, color, or
national origin to make the benefits of its program more widely
available to such groups not then being adequately served. For example,
where a university is not adequately serving members of a particular
racial or nationality group, it may establish special recruitment
policies to make its program better known and more readily available to
such group, and take other steps to provide that group with more
adequate service.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]
Secs. 101-6.207--101-6.208 [Reserved]
Sec. 101-6.209 Compliance information.
Sec. 101-6.209-1 Cooperation and assistance.
Each responsible GSA official shall to the fullest extent
practicable seek the cooperation of recipients in obtaining compliance
with this subpart 101-6.2 and shall provide assistance and guidance to
recipients to help them comply voluntarily with this subpart.
Sec. 101-6.209-2 Compliance reports.
Each recipient shall keep such records and submit to the responsible
GSA official or his designee timely, complete and accurate compliance
reports at such times, and in such form and containing such information,
as the responsible GSA official or his designee may determine to be
necessary to enable him to ascertain whether the recipient has complied
or is complying with this subpart 101-6.2. In the case of any program
under which a primary recipient extends Federal financial assistance to
any other recipient, such other recipient shall also submit such
compliance reports to the primary recipient as may be necessary to
enable the primary recipient to carry out its obligations under this
subpart.
Sec. 101-6.209-3 Access to sources of information.
Each recipient shall permit access by the responsible GSA official
or his designee during normal business hours to such of its books,
records, accounts, and other sources of information, and its facilities
as may be pertinent to ascertain compliance with this subpart. Where any
information required of a recipient is in the exclusive possession of
any other agency, institution or person and this agency, institution or
person shall fail or refuse to furnish this information, the recipient
shall so certify in its report and shall set forth what efforts it has
made to obtain the information.
Sec. 101-6.209-4 Information to beneficiaries and participants.
Each recipient shall make available to participants, beneficiaries,
and other interested persons such information regarding the provisions
of this subpart 101-6.2 and its applicability to the program under which
the recipient receives Federal financial assistance, and make such
information available to them in such manner, as the responsible GSA
official finds necessary to apprise such persons of the protections
against discrimination assured them by the Act and this subpart 101-6.2.
Sec. 101-6.210 Conduct of investigations.
Sec. 101-6.210-1 Periodic compliance reviews.
The responsible GSA official or his designee shall from time to time
review the practices of recipients to determine whether they are
complying with this regulation.
Sec. 101-6.210-2 Complaints.
Any person who believes himself or any specific class of individuals
to be
[[Page 37]]
subjected to discrimination prohibited by this subpart 101-6.2 may by
himself or by a representative file with the responsible GSA official or
his designee a written complaint. A complaint must be filed not later
than 90 days from the date of the alleged discrimination, unless the
time for filing is extended by the responsible GSA official or his
designee.
Sec. 101-6.210-3 Investigations.
The responsible GSA official or his designee will make a prompt
investigation whenever a compliance review, report, complaint, or any
other information indicates a possible failure to comply with this
subpart 101-6.2. The investigation should include, where appropriate, a
review of the pertinent practices and policies of the recipient, the
circumstances under which the possible noncompliance with this subpart
occurred, and other factors relevant to a determination as to whether
the recipient has failed to comply with this subpart.
Sec. 101-6.210-4 Resolution of matters.
(a) If an investigation pursuant to Sec. 101-6.210-3 indicates a
failure to comply with this subpart 101-6.2, the responsible GSA
official or his designee will so inform the recipient and the matter
will be resolved by informal means whenever possible. If it has been
determined that the matter cannot be resolved by informal means, action
will be taken as provided for in Sec. 101-6.211.
(b) If an investigation does not warrant action pursuant to
paragraph (a) of this section the responsible GSA official or his
designee will so inform the recipient and the complainant, if any, in
writing.
Sec. 101-6.210-5 Intimidatory or retaliatory acts prohibited.
No recipient or other person shall intimidate, threaten, coerce, or
discriminate against any individual for the purpose of interfering with
any right or privilege secured by section 601 of the Act or this subpart
101-6.2, or because he has made a complaint, testified, assisted or
participated in any manner in an investigation, proceeding, or hearing
under this subpart. The identity of complainants shall be kept
confidential except to the extent necessary to carry out the purposes of
this subpart, including the conduct of any investigation, hearing, or
judicial proceeding arising thereunder.
Sec. 101-6.211 Procedure for effecting compliance.
Sec. 101-6.211-1 General.
If there appears to be a failure or threatened failure to comply
with this subpart 101-6.2, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this subpart may be effected by the suspension or termination of or
refusal to grant or to continue Federal financial assistance or by any
other means authorized by law. Such other means may include, but are not
limited to, (a) a reference to the Department of Justice with a
recommendation that appropriate proceedings be brought to enforce any
rights of the United States under any law of the United States
(including other titles of the Act), or any assurance or other
contractual undertaking, and (b) any applicable proceeding under State
or local law.
Sec. 101-6.211-2 Noncompliance with Sec. 101-6.205.
If an applicant fails or refuses to furnish an assurance required
under Sec. 101-6.205 or otherwise fails or refuses to comply with a
requirement imposed by or pursuant to that section Federal financial
assistance may be refused in accordance with the procedures of Sec. 101-
6.211-3. The GSA shall not be requried to provide assistance in such a
case during the pendency of the administrative proceedings under
Sec. 101-6.211-3 except that GSA shall continue assistance during the
pendency of such proceedings where such assistance is due and payable
pursuant to an application therefor approved prior to the effective date
of this subpart 101-6.2.
Sec. 101-6.211-3 Termination of or refusal to grant or to continue Federal financial assistance.
No order suspending, terminating or refusing to grant or continue
Federal
[[Page 38]]
financial assistance shall become effective until (a) the responsible
GSA official has advised the applicant or recipient of his failure to
comply and has determined that compliance cannot be secured by voluntary
means, (b) there has been an express finding on the record, after
opportunity for hearing, of a failure by the applicant or recipient to
comply with a requirement imposed by or pursuant to this subpart 101-
6.2, (c) the action has been approved by the Administrator pursuant to
Sec. 101-6.213-5, and (d) the expiration of 30 days after the
Administrator has filed with the committee of the House and the
committee of the Senate having legislative jurisdiction over the program
involved, a full written report of the circumstances and the grounds for
such action. Any action to suspend or terminate or to refuse to grant or
to continue Federal financial assistance shall be limited to the
particular political entity, or part thereof, or other applicant or
recipient as to whom such a finding has been made and shall be limited
in its effect to the particular program, or part thereof, in which such
noncompliance has been so found.
Sec. 101-6.211-4 Other means authorized by law.
No action to effect compliance by an other means authorized by law
shall be taken until (a) the responsible GSA official has determined
that compliance cannot be secured by voluntary means, (b) the recipient
or other person has been notified of his failure to comply and of the
action to be taken to effect compliance, and (c) the expiration of at
least 10 days from the mailing of such notice to the recipient or other
person. During this period of at least 10 days, additional efforts shall
be made to persuade the recipient or other person to comply with this
subpart and to take such corrective action as may be appropriate.
[38 FR 17974, July 5, 1973]
Sec. 101-6.212 Hearings.
Sec. 101-6.212-1 Opportunity for hearing.
Whenever an opportunity for a hearing is required by Sec. 101-6.211-
3, reasonable notice shall be given by registered or certified mail,
return receipt requested, to the affected applicant or recipient. This
notice shall advise the applicant or recipient of the action proposed to
be taken, the specific provision under which the proposed action against
it is to be taken, and the matters of fact or law asserted as the basis
for this action, and either:
(a) Fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the responsible
GSA official that the matter be scheduled for hearing, or (b) advise the
applicant or recipient that the matter in question has been set down for
hearing at a stated place and time. The time and place so fixed shall be
reasonable and shall be subject to change for cause. The complainant, if
any, shall be advised of the time and place of the hearing. An applicant
or recipient may waive a hearing and submit written information and
argument for the record. The failure of an applicant or recipient to
request a hearing under this section or to appear at a hearing for which
a date has been set shall be deemed to be a waiver of the right to a
hearing under section 602 of the Act and Sec. 101-6.211-3, and consent
to the making of a decision on the basis of such information as is
available.
(b) [Reserved]
Sec. 101-6.212-2 Time and place of hearing.
Hearings shall be held, at a time fixed by the responsible GSA
official, at the offices of GSA in Washington, DC, unless such official
determines that the convenience of the applicant or recipient or of GSA
requires that another place be selected. Hearings shall be held before
the responsible GSA official or, at his discretion, before a hearing
examiner designated in accordance with 5 U.S.C. 3105 or 3344 (section 11
of the Administrative Procedure Act).
[38 FR 17974, July 5, 1973]
Sec. 101-6.212-3 Right to counsel.
In all proceedings under this Sec. 101-6.212 the applicant or
recipient and GSA shall have the right to be represented by counsel.
[[Page 39]]
Sec. 101-6.212-4 Procedures, evidence, and record.
(a) The hearing, decision, and any administrative review thereof
shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of
the Administrative Procedure Act) and in accordance with such rules of
procedure as are proper (and not inconsistent with this section)
relating to the conduct of the hearing, giving of notices subsequent to
those provided for in Sec. 101-6.212-1, taking of testimony, exhibits,
arguments and briefs, requests for findings, and other related matters.
Both GSA and the applicant or recipient shall be entitled to introduce
all relevant evidence on the issues as stated in the notice for hearing
or as deterined by the officer conducting the hearing at the outset of
or during the hearing.
(b) Technical rules of evidence shall not apply to hearings
conducted pursuant to this subpart 101-6.2, but rules or principles
designed to assure production of the most credible evidence available
and to subject testimony to test by cross-examination shall be applied
where reasonably necessary by the officer conducting the hearing. The
hearing officer may exclude irrelevant, immaterial, or unduly
repetitious evidence. All documents and other evidence offered or taken
for the record shall be open to examination by the parties and
opportunity shall be given to refute facts and arguments advanced on
either side of the issues. A transcript shall be made of the oral
evidence except to the extent the substance thereof is stipulated for
the record. All decisions shall be based upon the hearing record and
written findings shall be made.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]
Sec. 101-6.212-5 Consolidated or joint hearings.
In cases in which the same or related facts are asserted to
constitute noncompliance with this subpart 101-6.2 with respect to two
or more programs to which this subpart applies, or noncompliance with
this subpart and the regulations of one or more other Federal
departments or agencies issued under title VI of the Act, the
Administrator may, by agreement with such other departments, or
agencies, where applicable, provide for the conduct of consolidated or
joint hearings, and for the application to such hearings of rules of
procedure not inconsistent with this regulation. Final decisions in such
cases, insofar as this subpart is concerned, shall be made in accordance
with Sec. 101-6.213.
Sec. 101-6.213 Decisions and notices.
Sec. 101-6.213-1 Decision by person other than the responsible GSA official.
If the hearing is held by a hearing examiner such hearing examiner
shall either make an initial decision, if so authorized, or certify the
entire record including his recommended findings and proposed decision
to the responsible GSA official for a final decision, and a copy of such
initial decision or certification shall be mailed to the applicant or
recipient. Where the initial decision is made by the hearing examiner
the applicant or recipient may within 30 days of the mailing of such
notice of initial decision file with the responsible GSA official his
exceptions to the initial decision, with his reasons therefor. In the
absence of exceptions, the responsible GSA official may on his own
motion within 45 days after the initial decision serve on the applicant
or recipient a notice that he will review the decision. Upon the filing
of such exceptions or of such notice of review the responsible GSA
official shall review the initial decision and issue his own decision
thereon including the reasons therefor. In the absence of either
exceptions or a notice of review the initial decision shall constitute
the final decision of the responsible GSA official.
Sec. 101-6.213-2 Decisions on record or review by the responsible GSA official.
Whenever a record is certified to the responsible GSA official for
decision or he reviews the decision of a hearing examiner pursuant to
Sec. 101-6.213-1, or whenever the responsible GSA official conducts the
hearing, the applicant or recipient shall be given reasonable
opportunity to file with him briefs or other written statements of its
contentions, and a copy of the final decision of the responsible GSA
official shall be
[[Page 40]]
given in writing to the applicant or recipient, and to the complainant,
if any.
Sec. 101-6.213-3 Decisions on record where a hearing is waived.
Whenever a hearing is waived pursuant to Sec. 101-6.212 a decision
shall be made by the responsible GSA official on the record and a copy
of such decision shall be given in writing to the applicant or
recipient, and to the complainant, if any.
Sec. 101-6.213-4 Rulings required.
Each decision of a hearing officer or responsible GSA official shall
set forth his ruling on each finding, conclusion, or exception
presented, and shall identify the requirement or requirements imposed by
or pursuant to this subpart 101-6.2 with which it is found that the
applicant or recipient has failed to comply.
Sec. 101-6.213-5 Approval by Administrator.
Any final decision of a responsible GSA official (other than the
Administrator) which provides for the suspension or termination of, or
the refusal to grant or continue Federal financial assistance, or the
imposition of any other sanction available under this subpart 101-6.2 or
the Act, shall promptly be transmitted to the Administrator, who may
approve such decision, may vacate it, or remit or mitigate any sanction
imposed.
Sec. 101-6.213-6 Content of orders.
The final decision may provide for suspension or termination of, or
refusal to grant or continue Federal financial assistance, in whole or
in part, under the program involved, and may contain such terms,
conditions, and other provisions as are consistent with and will
effectuate the purposes of the Act and this subpart 101-6.2, including
provisions designed to assure that no Federal financial assistance will
thereafter be extended under such program to the applicant or recipient
determined by such decision to be in default in its perfomrance of an
assurance given by it pursuant to this subpart, or to have otherwise
failed to comply with this subpart, unless and until it corrects its
noncompliance and satisfies the responsible GSA official that it will
fully comply with this subpart.
Sec. 101-6.213-7 Post termination proceedings.
(a) An applicant or recipient adversely affected by an order issued
under Sec. 101-6.213-6 shall be restored to full eligibility to receive
Federal financial assistance if it satisfies the terms and conditions of
that order for such eligibility or if it brings itself into compliance
with this subpart and provides reasonable assurance that it will fully
comply with this subpart. An elementary or secondary school or school
system which is unable to file an assurance of compliance with Sec. 101-
6.24 shall be restored to full eligibility to receive financial
assistance if it files a court order or a plan for desegregation meeting
the requirements of Sec. 101-6.205-3 and provides reasonable assurance
that it will comply with this court order or plan.
(b) Any applicant or recipient adversely affected by an order
entered pursuant to Sec. 101-6.213-6 may at any time request the
responsible GSA official to restore fully its eligibility to receive
Federal financial assistance. Any such request shall be supported by
information showing that the applicant or recipient has met the
requirements of paragraph (a) of this section. If the responsible GSA
official determines that those requirements have been satisfied, he
shall restore such eligibility.
(c) If the responsible GSA official denies any such request, the
applicant or recipient may submit a request, in writing, for a hearing,
specifying why it believes such official to have been in error. It shall
thereupon be given an expeditious hearing, with a decision on the
record, in accordance with rules of procedure issued by the responsible
GSA official. The applicant or recipient will be restored to such
eligibilty if it proves at such a hearing that it satisfied the
requirements of paragraph (a) of this section. While proceedings under
this section are pending, the sanctions imposed by the order issued
under Sec. 101-6.213-6 shall remain in effect.
[38 FR 17975, July 5, 1973]
[[Page 41]]
Sec. 101-6.214 Judicial review.
Action taken pursuant to section 602 of the Act is subject to
judicial review as provided in section 603 of the Act.
Sec. 101-6.215 Effect on other regulations; forms and instructions.
Sec. 101-6.215-1 Effect on other regulations.
All regulations, orders, or like directions heretofore issued by any
officer of GSA which imposed requirements designed to prohibit any
discrimination against individuals on the ground of race, color, or
national origin under any program to which this subpart 101-6.2 applies,
and which authorize the suspension or termination of or refusal to grant
or to continue Federal financial assistance to any applicant for or
recipient of such assistance under such program for failure to comply
with such requirements, are hereby superseded to the extent that such
discrimination is prohibited by this subpart, except that nothing in
this subpart shall be deemed to relieve any person of any obligation
assumed or imposed under any such superseded regulation, order,
instruction, or like direction prior to the effective date of this
subpart. Nothing in this subpart, however, shall be deemed to supersede
any of the following (including future amendments thereof):
(a) Executive Orders 10925, 11114, and 11246, and regulations issued
thereunder.
(b) Any other orders, regulations, or instructions, insofar as such
orders, regulations, or instructions prohibit discrimination on the
ground of race, color, or national origin in any program or situation to
which this subpart is inapplicable, or prohibit discrimination on any
other ground.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]
Sec. 101-6.215-2 Forms and instructions.
Each responsible GSA official shall issue and promptly make
available to interested persons forms and detailed instructions and
procedures for effectuating this subpart 101-6.2 as applied to programs
to which this subpart applies and for which he is responsible.
Sec. 101-6.215-3 Supervision and coordination.
The Administrator may from time to time assign to officials of other
departments or agencies of the Government, with the consent of such
departments or agencies, responsibilities in connection with the
effectuation of the purposes of title VI of the Act and this subpart
(other than responsibility for final decision as provided in Sec. 101-
6.213), including the achievement of effective coordination and maximum
uniformity within GSA and within the executive branch of the Government
in the application of title VI and this subpart to similar programs and
in similar situations. Any action taken, determination made, or
requirement imposed by an official of another Department or Agency
acting pursuant to an assignment of responsibility under this section
shall have the same effect as though such action had been taken by the
responsible GSA official.
[38 FR 17975, July 5, 1973]
Sec. 101-6.216 Definitions.
As used in this subpart:
(a) The term General Services Administration or GSA includes each of
its operating services and other organizational units.
(b) The term Administrator means the Administrator of General
Services.
(c) The term responsible GSA official with respect to any program
receiving Federal financial assistance means the Administrator or other
official of GSA who by law or by delegation has the principal
responsibility within GSA for the administration of the law extending
such assistance.
(d) The term United States means the States of the United States,
the District of Columbia, Puerto Rico, the Virgin Islands, American
Samoa, Guam, Wake Island, the Canal Zone, and the territories and
possessions of the United States, and the terms State means any one of
the foregoing.
(e) The term Federal financial assistance includes (1) grants and
loans of Federal funds, (2) the grant or donation of Federal property
and interests in property, (3) the detail of Federal personnel, (4) the
sale and lease of, and the
[[Page 42]]
permission to use (on other than a casual or transient basis), Federal
property or any interest in such property without consideration or at a
nominal consideration, or at a consideration which is reduced for the
purposes of assisting the recipient, or in recognition of the public
interest to be served by such sale or lease to the recipient, and (5)
any Federal agreement, arrangement, or other contract which has as one
of its purposes the provision of assistance.
(f) The term program includes any program, project, or activity for
the provision of services, financial aid, or other benefits to
individuals (including education or training, health, welfare,
rehabilitation, housing, or other services, whether provided through
employees of the recipient of Federal financial assistance or provided
by others through contracts or other arrangements with the recipient,
and including work opportunities and cash or loan or other assistance to
individuals), or for the provision of facilities for furnishing
services, financial aid or other benefits to individuals. The services,
financial aid, or other benefits provided under a program receiving.
Federal financial assistance shall be deemed to include any services,
financial aid, or other benefits provided with the aid of Federal
financial assistance or with the aid of any non-Federal funds, property,
or other resources required to be expended or made available for the
program to meet matching requirements or other conditions which must be
met in order to receive the Federal financial assistance, and to include
any services, financial aid, or other benefits provided in or through a
facility provided with the aid of Federal financial assistance or such
non-Federal resources.
(g) The term facility includes all or any portion of structures,
equipment, or other real or personal property or interests therein, and
the provision of facilities includes the construction, expansion,
renovation, remodeling, alteration or acquisition of facilities.
(h) The term recipient means any State, political subdivision of any
State, or instrumentality of any State or political subdivision, any
public or private agency, institution, or organization, or any other
entity, or any individual, in any State, to whom Federal financial
assistance is extended, directly or through another recipient, for any
program, including any successor, assign, or transferee thereof, but
such term does not include any ultimate beneficiary under any such
program.
(i) The term primary recipient means any recipient which is
authorized or required to extend Federal financial assistance to another
recipient for the purpose of carrying out a program.
(j) The term applicant means one who submits an application,
request, or plan required to be approved by a responsible GSA official,
or by a primary recipient, as a condition to eligibility for Federal
financial assistance, and the term application means such an
application, request, or plan.
Sec. 101-6.217 Laws authorizing Federal financial assistance for programs to which this subpart applies.
(a)(1) Donation of surplus personal property to educational
activities which are of special interest to the armed services (section
203(j)(2) of the Federal Property and Administrative Services Act of
1949, 40 U.S.C. 484(j)(2)).
(2) Donation of surplus personal property for use in any State for
purposes of education, public health, or civil defense, or for research
for any such purposes (section 203(j) (3) and (4) of the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. 484(j) (3)
and (4)), and the making available to State agencies for surplus
property, or the transfer of title to such agencies, of surplus personal
property approved for donation for purposes of education, public health,
or civil defense, or for research for any such purposes (section 203(n)
of the Federal Property and Administrative Services Act of 1949, 40
U.S.C. 484(n)).
(b) Disposal of surplus real and related personal property for
purposes of education or public health, including research (section
203(k)(1) of the Federal Property and Administrative Services Act of
1949, 40 U.S.C. 484(k)(1)).
(c) Donation of property for public airport purposes (section 13(g)
of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g); section 23
of the Airport
[[Page 43]]
and Airway Development Act of 1970, Pub. L. 91-258).
(d)(1) Disposal of surplus real property, including improvements,
for use as a historic monument (section 13(h) of the Surplus Property
Act of 1944, 50 U.S.C. App. 1622(h)).
(2) Disposal of surplus real and related personal property for
public park or public recreational purposes (section 203(k)(2) of the
Federal Property and Administrative Services Act of 1949, 40 U.S.C.
484(k)(2).
(e) Disposal of real property to States for wildlife conservation
purposes (Act of May 19, 1948, 16 U.S.C. 667b-d).
(f) Donation of personal property to public bodies (section 202(h)
of the Federal Property and Administrative Services Act of 1949, 40
U.S.C. 483(h)).
(g) Grants of easements by the General Services Administration
pursuant to the Act of October 23, 1962, (40 U.S.C. 319-319(c), and
grants by the General Services Administration of revocable licenses or
permits to use or occupy Federal real property, if the consideration to
the Government for such easement, licenses, or permits is less than
estimated fair market value.
(h) Conveyance of real property or interests therein by the General
Services Administration to States or political subdivisions for street
widening purposes pursuant to the Act of July 7, 1960 (40 U.S.C. 345c),
if the consideration to the Government is less than estimated fair
market value.
(i) Allotment of space by the General Services Administration in
Federal buildings to Federal Credit Unions, without charge for rent or
services (section 25 of the Federal Credit Union Act, 12 U.S.C. 1770).
(j) Donation of surplus property to the American National Red Cross
(section 203(l) of the Federal Property and Administrative Services Act
of 1949, 40 U.S.C. 484(l)).
(k) Provision by the General Services Administration of free space
and utilities for vending stands operated by blind persons (section 1 of
the Randolph-Sheppard Act, 20 U.S.C. 107).
(l) Donation of forfeited distilled spirits, wine, and malt
beverages to eleemosynary institutions (26 U.S.C. 5688).
(m) Donation of surplus Federal records (Federal Records Disposal
Act of 1943, 44 U.S.C. 366-380).
(n) Grants to State and local agencies and to nonprofit
organizations and institutions for the collecting, describing,
preserving and compiling, and publishing of documentary sources
significant to the history of the United States (section 503 of the
Federal Property and Administrative Services Act of 1949, as amended by
Pub. L. 88-383).
(o) Loan of machine tools and industrial manufacturing equipment in
the national industrial reserve to nonprofit educational institutions or
training schools (section 7 of the National Industrial Reserve Act of
1948, 50 U.S.C. 456).
(p) District of Columbia grant-in-aid hospital program (60 Stat.
896, as amended).
(q) Disposal of surplus real property for use in the provision of
rental or cooperative housing to be occupied by families or individuals
of low or moderate income (section 414 of the Housing and Urban
Development Act of 1969, Pub. L. 91-152).
(r) Payments in lieu of taxes on certain real property transferred
from the Reconstruction Finance Corporation (Title VII of the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. 521-524).
(s) Conveyance of certain lands and property to the State of Hawaii
without reimbursement (Pub. L. 88-233, 77 Stat. 472).
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]
Subpart 101-6.3--Ridesharing
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), Executive
Order 12191 dated February 1, 1980.
Source: 49 FR 20289, May 14, 1984, unless otherwise noted.
Sec. 101-6.300 Federal facility ridesharing--general policy.
This section sets forth policy and procedures governing promotion by
executive agencies of ridesharing at federally owned or operated
facilities and provides for the establishment and administration of a
nationwide system of
[[Page 44]]
Federal facility employee transportation coordinators (ETC's). The
authority for this subpart is Executive Order 12191, dated February 1,
1980, which established the Federal Facility Ridesharing Program and
delegated the primary responsibility for program development,
implementation, and administration to the Administrator of General
Services in consultation with the Secretary of Transportation.
(a) Executive agencies shall actively promote the use of ridesharing
at all Federal facilities. This promotion shall include cooperation with
State and local ridesharing agencies where such agencies exist. In the
process of promoting ridesharing, the Government shall not favor or
endorse one commercial firm or nonprofit organization to the exclusion
of other commercial firms or nonprofit organizations.
(b) Each executive agency shall issue instructions as may be
necessary to implement Federal facility ridesharing programs and to
obtain annual ridesharing program reports at those facilities where the
agency is responsible for providing the ETC. The information provided by
each ETC should include methods used to promote ridesharing at his/her
facility and any achievements or significant barriers encountered. Each
executive agency shall maintain a current record of the names, titles,
addresses, and telephone numbers of its facility ETC's, nationwide.
(c) Agencies are required to submit a Federal Facility Ridesharing
Report to GSA by June 1 of each year (see Sec. 101-6.303). The report
shall contain a summary of the information provided by the facility
ETC's and any other pertinent information applicable to the agency's
ridesharing program.
(d) Wherever possible, agencies shall use and promote existing
ridematching services. Where ridematching services do not exist, they
shall be established, preferably in conjunction with nearby facilities.
Ridematching systems may be manual i.e., bulletin board or locator
board, or computerized. All systems must comply with the provisions of
the Privacy Act of 1974.
(e) Wherever possible, agencies shall implement parking incentives
which promote ridesharing and the efficient use of federally controlled
parking areas. Agencies are also encouraged to work with private parking
management concerns in or near Federal facilities to encourage the use
of carpools and vanpools.
(f) Whenever feasible, agencies should consider providing for
flexibility in employee working hours to facilitate ridesharing
arrangements.
[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988]
Sec. 101-6.301 Definitions.
(a) Ridesharing. Sharing of the commute to and from work by two or
more people, on a continuing basis, regardless of their relationship to
each other, in any mode of transportation, including but not limited to:
carpools, vanpools, buspools and mass transit.
(b) Ridematching. Any manual or automated system that gathers
commuter information from interested individuals and processes this
information to identify potential ridesharing arrangements among these
individuals.
(c) Facility. Either a single building or a group of buildings or
work locations at a common site.
(d) Third party operator. A ridesharing agency or other
organization, whether public or private, that leases vans or buses to
employers or individual employees.
(e) Federal facility employee transportation coordinator. An
individual appointed by the agency who provides commuter ridesharing
services to all employees at the facility and who serves as a point of
contact for local and State ridesharing agencies, where they exist.
(f) Agencywide employee transportation coordinator. An individual
appointed by the agency, who is responsible for planning, organizing,
and directing an agencywide ridesharing program, and serves as a point
of contact for the agency's Federal facility ETC's and also as the
ridesharing liaison between the agency and GSA.
Sec. 101-6.302 Employee transportation coordinators.
(a) Federal facility employee transportation coordinator. Agencies
shall designate an ETC at each Federal facility with 100 or more full-
time employees
[[Page 45]]
on one shift. Agencies are encouraged to appoint coordinators at
facilities with less than 100 full-time employees where such a
coordinator can provide significant benefits to the ridesharing program.
At a facility occupied by more than one Federal agency, the executive
agency having the largest number of employees shall have the lead
responsibility for program coordination and implementation for all the
Federal agencies at the facility and shall provide the ETC for the
facility. Should a smaller agency volunteer to provide the facility ETC,
the lead agency may transfer this responsibility to the smaller agency.
The Federal facility ETC shall:
(1) Promote ridesharing at the facility by:
(i) Publicizing the name, location, and telephone number of the
employee transportation coordinator by using bulletin boards, memoranda,
newsletters, etc.;
(ii) Assisting employees in joining or forming carpools or vanpools;
(iii) Aiding employee participation in ridematching programs (Where
ridematching programs do not exist, action should be taken to establish
them);
(iv) Working closely with the parking management offices to promote
ridesharing through preferential parking incentives;
(v) Establishing ridesharing orientation for new and transferring
employees at the facility;
(vi) Utilizing ridesharing resources provided by State and local
ridesharing agencies and participating in special ridesharing events;
(vii) Publicizing the availability of public transportation;
(viii) Communicating employee transportation needs to local public
transportation authorities and other organizations (such as private bus
companies) furnishing multipassenger modes of transportation; and
(ix) Establishing ridesharing goals and objectives for the facility.
(2) Prepare a facility report for annual submission to the
agencywide coordinator.
(b) Agencywide employee transportation coordinator. Agencies shall
appoint an individual to serve as an agencywide ETC. The agencywide ETC
shall:
(1) Serve as a point of contact for the agency's facility ETC's;
(2) Serve as a liaison between other agencywide ETC's, State, and
local ridesharing agencies and the GSA Central Office;
(3) Assist in the development and implementation of an agencywide
ridesharing program; and
(4) Submit promptly any change in the name, address, title, or
telephone number of the agencywide ETC to GSA.
Sec. 101-6.303 Reporting procedures.
(a) The head of each agency shall submit to GSA by June 1 of each
year a report which shall include:
(1) The name, address, title, and telephone number of the agencywide
ETC;
(2) A narrative on actions taken and barriers encountered in
promoting ridesharing within the agency;
(3) Information on any notable facility achievements; and
(4) A copy of instructions issued to the agency's facility ETC's for
implementing the Federal Facility Ridesharing Program.
(b) Reports shall be submitted to: Federal Facility Ridesharing
Program, General Services Administration (PQ) Washington, DC 20405. The
telephone number for the program is FTS 566-0059 (202-566-0059).
(c) Interagency report control number 0258-GSA-AN has been assigned
to this report.
[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988]
Sec. 101-6.304 Exemptions.
Facilities with less than 100 full-time employees or less than 100
full-time employees on the largest shift are not required to submit an
annual report. Agencies shall not subdivide buildings, groups of
buildings, or worksites for the purpose of meeting the exemption
standards.
Sec. 101-6.305 Assistance to agencies.
(a) Due to the large number of Federal, State, local and private
sector groups involved in the promotion of ridesharing programs, there
are various resources available to Federal
[[Page 46]]
agencies interested in technical assistance and promotional materials
for use in their ridesharing programs. To aid agencies in identifying
these resources, GSA has designated ridesharing coordinators at each of
its regional offices. A list of these coordinators and information
concerning the national program can be obtained by contacting the office
listed in Sec. 101-6.303(b).
(b) Ridesharing management assistance is often available from local
ridesharing agencies found in most cities throughout the country. These
agencies may be sponsored by State or local governments, public
transportation authorities, universities, Chambers of Commerce, Councils
of Governments, etc. In addition to providing commuter matching
services, these agencies have experience in local ridesharing promotion
activities, vanpool and buspool programs, and are familiar with
management of commuter disruptions such as transit strikes, bridge
closings, as well as air pollution alerts. ETC's are encouraged to use
the services of the local ridesharing agencies to the greatest extent
possible.
Subpart 101-6.4--Official Use of Government Passenger Carriers Between
Residence and Place of Employment
Source: 53 FR 26776, July 15, 1988, unless otherwise noted.
Sec. 101-6.400 Scope and applicability.
(a) All Federal agencies and entities, as defined in Sec. 101-
6.401(a), in the executive, judicial, and legislative branches of the
Government are subject to this regulation, with the exception of the
Senate, House of Representatives, Architect of the Capitol, and
government of the District of Columbia.
(b) This subpart applies to the use of home-to-work transportation
for employees on normal duty (non-travel) status performing assigned
duties at their place of employment. This subpart does not apply to the
use of a Government passenger carrier when the passenger carrier is used
in conjunction with official travel to perform temporary duty (TDY)
assignments away from a designated or regular place of employment.
(c) This subpart does not apply to those employees essential for the
safe and efficient performance of intelligence, counterintelligence,
protective services, or criminal law enforcement duties, when those
employees have been so designated in writing by the head of a Federal
agency. Each Federal agency which uses Government passenger carriers to
perform such duties or services should issue guidance concerning the use
of home-to-work transportation by its employees.
Sec. 101-6.401 Definitions.
For purposes of this regulation, the following definitions apply:
(a) Federal agency means:
(1) A department (as such term is defined in section 18 of the Act
of August 2, 1946 (41 U.S.C. 5a));
(2) An executive department (as such term is defined in 5 U.S.C.
101);
(3) A military department (as such term is defined in 5 U.S.C. 102);
(4) A Government corporation (as such term is defined in 5 U.S.C.
1031));
(5) A Government controlled corporation (as such term is defined in
5 U.S.C. 103(2));
(6) A mixed-ownership Government corporation (as such term is
defined in 31 U.S.C. 9101(2));
(7) Any establishment in the executive branch of the Government
(including the Executive Office of the President);
(8) Any independent regulatory agency (including an independent
regulatory agency specified in 44 U.S.C. 3502(10));
(9) The Smithsonian Institution;
(10) Any nonappropriated fund instrumentality of the United States;
and
(11) The United States Postal Service.
(b) Head of agency means the highest official of a Federal agency.
(c) Passenger carrier means a motor vehicle, aircraft, boat, ship,
or other similar means of transportation that is owned or leased
(including non-TDY rentals) by the United States Government, or has come
into the possession of the Government by other means, including
forfeiture or donation.
[[Page 47]]
(d) Employee means a Federal officer or employee of a Federal agency
and includes an officer or enlisted member of the Armed Forces.
(e) Residence means the primary place where an employee resides and
from which the employee commutes to his/her place of employment. The
term residence is not synonymous with domicile as that term is used for
taxation or other purposes, nor does this regulation affect the
provisions set forth in the Federal Travel Regulations for employees on
temporary duty (TDY) away from their designated or regular place of
employment.
(f) Place of employment means any place within the accepted
commuting area as determined by the agency for the locality involved,
where an employee performs his/her business, trade, or occupation, even
if the employee is there only for a short period of time. The term
includes, but is not limited to, an official duty station, home base,
headquarters, or any place where an employee is assigned to work,
including locations where meetings, conferences, or other official
functions take place.
(g) Field work means official work performed by an employee whose
job requires the employee's presence at various locations that are at a
distance from the employee's place of employment (itinerant-type travel
involving multiple stops within the accepted local commuting area, or
use outside that area) or at a remote location that is accessible only
by Government-provided transportation. The designation of a work site as
a field office does not, of itself, permit the use of a Government
passenger carrier for home-to-work transportation. (See Sec. 101-6.405.)
(h) Clear and present danger means those highly unusual
circumstances which present a threat to the physical safety of the
employee's person or property under circumstances where:
(1) The danger is--
(i) Real, not imaginative, and
(ii) Immediate or imminent, not merely potential; and
(2) A showing is made that the use of a Government passenger carrier
would provide protection not otherwise available.
(i) Emergency means those circumstances which exist whenever there
is an immediate, unforeseeable, temporary need to provide home-to-work
transportation for those employees who are necessary to the
uninterrupted performance of the agency's mission. An emergency may
occur where there is a major disruption of available means of
transportation to or from a work site, an essential Government service
must be provided, and there is no other way to transport those
employees.
(j) Compelling operational considerations means those circumstances
where the provision of home-to-work transportation to an employee is
essential to the conduct of official business or would substantially
increase a Federal agency's efficiency and economy. Home-to-work
transportation may be justifiable if other available alternatives would
involve substantial additional costs to the Government or expenditures
of employee time. These circumstances need not be limited to emergency
or life and death situations.
Sec. 101-6.402 Policy.
(a) Each Federal agency shall ensure that Government passenger
carriers operated by its employees are used for official purposes only;
i.e., to further the mission of the agency.
(b) Each Federal agency shall limit the use of Government passenger
carriers between an employee's residence and his/her place of employment
to:
(1) Those persons, including the President, the Vice-President, and
other principal Federal officials and their designees, as provided in 31
U.S.C. 1344 (b)(1) through (b)(7); or
(2) Those persons engaged in field work as defined in Sec. 101-
6.401(g).
(c) Other than those uses provided for in Sec. 101-6.402(b), a
Federal agency shall only authorize the use of a Government passenger
carrier for home-to-work transportation when there is:
(1) A clear and present danger;
(2) An emergency; or
(3) A compelling operational consideration.
(d) The comfort and convenience of an employee shall not be
considered sufficient justification for an agency to
[[Page 48]]
authorize home-to-work transportation under Sec. 101-6.402 (b) or (c).
(e) Each Federal agency shall consider the location of the
employee's residence prior to authorizing home-to-work transportation.
Such transportation shall be authorized only within the usual commuting
area for the locale of the employee's place of employment.
(f) An employee authorized home-to-work transporation may elect to
share space in a Government passenger carrier with other individuals on
a space available basis, provided that the passenger carrier does not
travel additional distances as a result, and provided such sharing is
consistent with his/her agency's policy. When an agency establishes its
space sharing policy, it should consider the effects of its potential
liability for and to those individuals. If an employee is authorized
transportation between his/her residence and an official duty site, this
privilege does not extend to his/her spouse, other relatives, or friends
unless--
(1) It is consistent with the agency's policy,
(2) They are with the employee when he/she is picked up, and
(3) They are transported to the same place or event.
(g) The head of each Federal agency shall authorize the use of home-
to-work transportation only to the extent that such transportation will
substantially increase the efficiency and economy of the Government.
Sec. 101-6.403 Agency responsibilities.
(a) Each Federal agency shall maintain logs or other records
necessary to establish that any home-to-work transportation was used for
official purposes. The agency may determine the organizational level at
which the logs should be maintained and kept. The logs or other records
should be easily accessible for audit and should contain the following
information:
(1) Name and title of employee (or other identification, if
confidential) using the passenger carrier;
(2) Name and title of person authorizing use;
(3) Passenger carrier identification;
(4) Date;
(5) Location;
(6) Duration; and
(7) Circumstances requiring home-to-work transportation.
(b) The head of each Federal agency shall determine which employees
are eligible to use home-to-work transportation in accordance with the
definition of field work in Sec. 101-6.401(g) and the guidance contained
in Sec. 101-6.405. Determinations must be in writing and must be
accomplished as soon as practicable, but not later than 90 days from the
effective date of the issuance of the regulations as a final rule.
Determinations should be updated as necessary and must be recertified at
least every 2 years thereafter. The authority to make determinations may
not be delegated.
(c) When circumstances described in Sec. 101-6.402(c) apply, the
head of a Federal agency shall make a written determination, containing
the following information: Name (or other identification, if
confidential) and title of the employee; the reason for authorizing
home-to-work transportation; and the anticipated duration of the
authorization. The authority to make a determination may not be
delegated. The determination should be completed before the employee is
provided with home-to-work transportation. In some cases, an agency may
wish to have certain employees ready to respond immediately when those
circumstances arise without warning. To meet those events, the head of
an agency may approve a contingency determination. Such a determination
should include the names of authorized individuals or positions, the
situation(s) upon which the provision of home-to-work transporation is
contingent, and administrative controls. When it is used to provide an
employee with home-to-work transportation, the contingency determination
must be supplemented with the following information on the specific
situation if it is not already part of the contingency determination:
Name (or other identification, if confidential) and title of the
employee; the reason that justified using the contingency determination;
and the starting date and ending date (or anticipated ending date) of
the authorization.
[[Page 49]]
(1) Each determination and contingency determination must be
submitted to Congress in accordance with procedures set forth in
Sec. 101-6.404. When a contingency determination is exercised,
supplemental information on the specific situation, as outlined in
paragraph (c) of this section, must also be provided to Congress. Such
documentation must be easily available within the agency for audit.
Additional guidance concerning determinations is contained in Sec. 101-
6.405.
(2) The initial duration of a determination shall not exceed 15
calendar days. Should the circumstances justifying home-to-work
transportation continue, the head of a Federal agency may approve a
subsequent determination of not more than 90 additional calendar days.
If at the end of the subsequent determination, the underlying
circumstances continue to exist, the head of the Federal agency may
authorize an additional extension of 90 calendar days. This process may
continue as long as required by the circumstances.
Sec. 101-6.404 Reports.
Each initial determination and contingency determination, as well as
supplemental information on each situation where a contingency
determination is exercised, prepared under Sec. 101-6.403(c) shall be
submitted to Congress promptly, but not later than 60 calendar days
after approval. An agency may consolidate any subsequent determinations
into a single report and submit them quarterly. Determinations and
reports shall be sent to:
Chairman, Committee on Governmental Affairs, United States Senate, suite
SD-340, Dirksen Senate Office Building, Washington, DC 20510.
Chairman, Committee of Governmental Operations, United States House of
Representatives, suite, 2157, Rayburn House Office Building, Washington,
DC 20515.
Sec. 101-6.405 Additional guidance.
(a) House of Representatives Report No. 99-451 99th Cong., 1st Sess.
(1985) clearly indicates the intent of Congress to eliminate abuse of
home-to-work transportation. The report notes, on p. 7, that:
The provision for ``field work'' is meant to cover an employee of [a
Federal] agency whose job requires the employee's presence at various
locations that are at a distance from [the employee's] place of
employment * * *. Examples of such employees include, but are not
limited to, mine inspectors, meat inspectors, and certain other law
enforcement officers, whose jobs require travel to several locations
during the course of a workday. However, the field work exception may
not be used (1) when the [employee's] workday begins at his or her
official [G]overnment duty station, or (2) when the [employee] normally
commutes to a fixed location, however far removed from his or her
official duty station (for example, auditors or investigators assigned
to a defense contractor plant). Although their daily work station is not
located in a [G]overnment office, these [employees] are not performing
``field work'' * * *. Like all [G]overnment employees, [employees]
working in a ``field office'' are responsible for their own commuting
costs.
The report also states in the same section that the legislation is
intended to allow home-to-work transportation for medical officers on
outpatient service. The guidelines contained in the report, as well as
the Congressional Record (daily ed. October 10, 1986, pp. S 15865-
15868), should provide an adequate basis for an agency to determine
which of its employees may be authorized home-to-work transportation.
(b) Additional examples of employees who may perform field work
include, but are not limited to, quality assurance inspectors,
construction inspectors, customs inspectors, dairy inspectors, revenue
officers, compliance investigators, and personnel background
investigators. The assignment of an employee to such a position does
not, of itself, entitle an employee to receive daily home-to-work
transportation. When authorized, such transportation should be provided
only on days when the employee actually performs field work, and then
only to the extent that such transportation will substantially increase
the efficiency and economy of the Government.
(c) Instances may occur when an employee, by the nature of his/her
job, is designated as being authorized home-to-work transportation under
the field work provision. However, circumstances may require that field
work only be performed on an intermittent basis. In those instances, the
[[Page 50]]
agency shall establish procedures to ensure that a Government passenger
carrier is used only when field work is actually being performed.
(d) In making field work determinations under Sec. 101-6.403(b), an
agency head may elect to designate positions rather than individual
names, especially in positions where rapid turnover occurs. The
determination should contain sufficient information, such as the job
title, number, and operational level where the work is to be performed
(i.e., five recruiter personnel or positions at the Detroit Army
Recruiting Battalion) to satisfy an audit, if necessary.
(e) Situations may arise where it is more cost-effective for the
Government to provide an employee a vehicle for home-to-work
transportation rather than have the employee travel a long distance to
pick up a vehicle and then drive back toward or beyond his/her residence
to perform his/her job. In those situations agencies should consider
basing the vehicle at a Government facility located near the employee's
job site. If such a solution is not feasible, an agency must then decide
if the use of the vehicle should be approved under the compelling
operational considerations definition. Home-to-work transportation in
such cases may be approved only if other available alternatives would
involve substantial cost to the Government or expenditure of substantial
employee time.
Subpart 101-6.5--Code of Ethics for Government Service
Sec. 101-6.500 Scope of subpart.
(a) In accordance with Public Law 96-303, the requirements of this
section shall apply to all executive agencies (as defined by section 105
of title 5, United States Code), the United States Postal Service, and
the Postal Rate Commission. The heads of these agencies shall be
responsible for ensuring that the requirements of this section are
observed and complied with within their respective agencies.
(b) Each agency, as defined in ``(a)'' above, shall display in
appropriate areas of buildings in which at least 20 individuals are
regularly employed by an agency as civilian employees, copies of the
Code of Ethics for Government Service (Code).
(c) For Government-owned or wholly leased buildings subject to the
requirements of this section, at least one copy of the Code shall be
conspicuously displayed, normally in the lobby of the main entrance to
the building. For other buildings subject to the requirements of this
section which are owned, leased, or otherwise provided to the Federal
Government for the purpose of performing official business, at least one
copy of the Code shall be conspicuously displayed within the space
occupied by the Government. In all cases, additional copies of the Code
may be displayed in other appropriate building locations, such as
auditoriums, bulletin boards, cafeterias, locker rooms, reception areas,
and other high-traffic areas.
(d) Agencies of the Federal Government shall not pay any costs for
the printing, framing, or other preparation of the Code. Agencies may
properly pay incidental expenses, such as the cost of hardware, other
materials, and labor incurred to display the Code. Display shall be
consistent with the decor and architecture of the building space.
Installation shall cause no permanent damage to stonework or other
surfaces which are difficult to maintain or repair.
(e) Agencies may obtain copies of the Code by submitting a
requisition for National Stock Number (NSN) 7690-01-099-8167 in Fedstrip
format to the GSA regional office responsible for providing support to
the requisitioning agency. Agencies will be charged a nominal fee to
cover shipping and handling.
[58 FR 21945, Apr. 28, 1994]
Subpart 101-6.6--Fire Protection (Firesafety) Engineering
Source: 59 FR 54531, Nov. 1, 1994, unless otherwise noted.
Sec. 101-6.600 Scope of subpart.
This subpart provides the regulations of the General Services
Administration
[[Page 51]]
(GSA) under Title I of the Fire Administration Authorization Act of 1992
concerning definition and determination of equivalent level of safety.
The primary objective of this regulation is to provide a quantifiable
means of determining compliance with the requirements of the Act. It is
not a substitute for compliance with building and fire code requirements
typically used in construction and occupancy of buildings.
Sec. 101-6.601 Background.
(a) The Fire Administration Authorization Act of 1992 (Pub. Law 102-
522) was signed into law by the President on October 26, 1992. Section
106 Fire Safety Systems in Federally Assisted Buildings, of Title I--
United States Fire Administration, is commonly referred to as the
Federal Fire Safety Act of 1992. This section amends the Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.) to require sprinklers
or an equivalent of safety, in certain types of Federal employee office
buildings, Federal employee housing units, and federally assisted
housing units.
(b) The definition of an automatic sprinkler system is unique to the
Act. In addition to describing the physical characteristics of an
automatic sprinkler system, the definition sets a performance objective
for the system. Automatic sprinkler systems installed in compliance with
the Act must protect human lives. Sprinklers would provide the level of
life safety prescribed in the Act by controlling the spread of fire and
its effects beyond the room of origin. A functioning sprinkler system
should activate prior to the onset of flashover.
(c) This subpart establishes a general measure of building
firesafety performance. To achieve the level of life safety specified in
the Act, the structure under consideration must be designed,
constructed, and maintained to minimize the impact of fire. As one
option, building environmental conditions are specified in this subpart
to ensure the life safety of building occupants outside the room of fire
origin. They should be applicable independent of whether or not the
evaluation is being conducted for the entire building or for just the
hazardous areas. In the latter case, the room of origin would be the
hazardous area while any room, space, or area could be a room of origin
in the entire building scenarious.
(d) The equivalent level of safety regulation in this subpart does
not address property protection, business interruption potential, or
firefighter safety during fire fighting operations. In situations where
firefighters would be expected to rescue building occupants, the safety
of both firefighters and occupants must be considered in the equivalent
level of safety analysis. Thorough prefire planning will allow
firefighters to choose whether or not to enter a burning building solely
to fight a fire.
Sec. 101-6.602 Application.
The requirements of the Act and this subpart apply to all Federal
agencies and all federallly owned and leased buildings in the United
States, except those under the control of the Resolution Trust
Corporation.
Sec. 101-6.603 Definitions.
(a) Qualified fire protection engineer is defined as an individual,
with a thorough knowledge and understanding of the principles of physics
and chemistry governing fire growth, spread, and suppression, meeting
one of the following criteria:
(1) An engineer having an undergraduate or graduate degree from a
college or university offering a course of study in fire protection or
firesafety engineering, plus a minimum of four (4) years work experience
in fire protection engineering,
(2) A professional engineer (P.E. or similar designation) registered
in Fire Protection Engineering, or
(3) A professional engineer (P.E. or similar designation) registered
in a related engineering discipline and holding Member grade status in
the International Society of Fire Protection Engineers.
(b) Flashover means fire conditions in a confined area where the
upper gas layer temperature reaches 600 deg.C (1100 deg.F) and the
heat flux at floor level exceeds 20 kW/m\2\ (1.8 Btu/ft\2\/sec).
(c) Reasonable worst case fire scenario means a combination of an
ignition
[[Page 52]]
source, fuel items, and a building location likely to produce a fire
which would have a significant adverse impact on the building and its
occupants. The development of reasonable worst case scenarios must
include consideration of types and forms of fuels present (e.g.,
furniture, trash, paper, chemicals), potential fire ignition locations
(e.g., bedroom, office, closet, corridor), occupant capabilities (e.g.,
awake, intoxicated, mentally or physically impaired), numbers of
occupants, detection and suppression system adequacy and reliability,
and fire department capabilities. A quantitative analysis of the
probability of occurrence of each scenario and combination of events
will be necessary.
(d) Room of origin means an area of a building where a fire can be
expected to start. Typically, the size of the area will be determined by
the walls, floor, and ceiling surrounding the space. However, this could
lead to unacceptably large areas in the case of open plan office space
or similar arrangements. Therefore, the maximum allowable fire area
should be limited to 200 m\2\ (2000 ft\2\) including intervening spaces.
In the case of residential units, an entire apartment occupied by one
tenant could be considered as the room of origin to the extent it did
not exceed the 200 m\2\ (2000 ft\2\) limitation.
Sec. 101-6.604 Requirements.
(a) The equivalent level of life safety evaluation is to be
performed by a qualified fire protection engineer. The analysis should
include a narrative discussion of the features of the building
structure, function, operational support systems and occupant activities
which impact fire protection and life safety. Each analysis should
describe potential reasonable worst case fire scenarios and their impact
on the building occupants and structure. Specific issues which must be
addressed include rate of fire growth, type and location of fuel items,
space layout, building construction, openings and ventilation,
suppression capability, detection time, occupant notification, occupant
reaction time, occupant mobility, and means of egress.
(b) To be acceptable, the analysis must indicate that the existing
and/or proposed safety systems in the building provide a period of time
equal to or greater than the amount of time available for escape in a
similar building complying with the Act. In conducting these analyses,
the capability, adequacy, and reliability of all building systems
impacting fire growth, occupant knowledge of the fire, and time required
to reach a safety area will have to be examined. In particular, the
impact of sprinklers on the development of hazardous conditions in the
area of interest will have to be assessed. Three options are provided
for establishing that an equivalent level of safety exists.
(1) In the first option, the margin of safety provided by various
alternatives is compared to that obtained for a code complying building
with complete sprinkler protection. The margin of safety is the
difference between the available safe egress time and the required safe
egress time. Available safe egressd time is the time available for
evacuation of occupants to an area of safety prior to the onset of
untenable conditions in occupied areas or the egress pathways. The
required safe egress time is the time required by occupants to move from
their positions at the start of the fire to areas of safety. Available
safe egress times would be developed based on analysis of a number of
assumed reasonable worst case fire scenarios including assessment of a
code complying fully sprinklered building. Additional analysis would be
used to determine the expected required safe egress times for the
various scenarios. If the margin of safety plus an appropriate safety
factor is greater for an alternative than for the fully sprinklered
building, then the alternative should provide an equivalent level of
safety.
(2) A second alternative is applicable for typical office and
residential scenarios. In these situations, complete sprinkler
protection can be expected to prevent flashover in the room of fire
origin, limit fire size to no more than 1 megawatt (950 Btu/sec), and
prevent flames from leaving the room of origin. The times required for
each of these conditions to occur in the area of interest must be
determined. The shortest of these three times would become the
[[Page 53]]
time available for escape. The difference between the minimum time
available for escape and the time required for evacuation of building
occupants would be the target margin of safety. Various alternative
protection strategies would have to be evaluated to determine their
impact on the times at which hazardous conditions developed in the
spaces of interest and the times required for egress. If a combination
of fire protection systems provides a margin of safety equal to or
greater than the target margin of safety, then the combination could be
judged to provide an equivalent level of safety.
(3) As a third option, other technical analysis procedures, as
approved by the responsible agency head, can be used to show
equivalency.
(c) Analytical and empirical tools, including fire models and
grading schedules such as the Fire Safety Evaluation System (Alternative
Approaches to Life Safety, NEPA 101M) should be used to support the life
safety equivalency evaluation. If fire modeling is used as part of an
analysis, an assessment of the predictive capabilities of the fire
models must be included. This assessment should be conducted in
accordance with the American Society for Testing and Materials Standard
Guide for Evaluating the Predictive Capability of Fire Models (ASTM E
1355).
Sec. 101-6.605 Responsibility.
The head of the agency responsible for physical improvements in the
facility or providing Federal assistance or a designated representative
will determine the acceptability of each equivalent level of safety
analysis. The determination of acceptability must include a review of
the fire protection engineer's qualifications, the appropriateness of
the fire scenarios for the facility, and the reasonableness of the
assumed maximum probable loss. Agencies should maintain a record of each
accepted equivalent level of safety analysis and provide copies to fire
departments or other local authorities for use in developing prefire
plans.
Subparts 101-6.7--101-6.9 [Reserved]
Subpart 101-6.10--Federal Advisory Committee Management
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); sec. 7, 5
U.S.C. app.; and E.O. 12024, 3 CFR 1977 Comp., p. 158.
Source: 52 FR 45929, Dec. 2, 1987, unless otherwise noted.
Sec. 101-6.1001 Scope.
(a) This subpart defines the policies, establishes minimum
requirements, and provides guidance to agency management for the
establishment, operation, administration, and duration of advisory
committees subject to the Federal Advisory Committee Act, as amended.
Reporting requirements which keep the Congress and the public informed
of the number, purpose, membership activities, and cost of these
advisory committees are also included.
(b) The Act and this subpart do not apply to advisory meetings or
groups listed in Sec. 101-6.1004.
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]
Sec. 101-6.1002 Policy.
The policy to be followed by Federal departments, agencies, and
commissions, consistent with the Federal Advisory Committee Act, as
amended, is as follows:
(a) An advisory committee shall be established only when it is
essential to the conduct of agency business. Decision criteria include
whether committee deliberations will result in the creation or
elimination of, or change in regulations, guidelines, or rules affecting
agency business; whether the information to be obtained is already
available through another advisory committee or source within the
Federal Government; whether the committee will make recommendations
resulting in significant improvements in service or reductions in cost;
or whether the committee's recommendations will provide an important
additional perspective or viewpoint impacting agency operations;
(b) An advisory committee shall be terminated whenever the stated
objectives of the committee have been accomplished; the subject matter
or work of the committee has become obsolete
[[Page 54]]
by the passing of time or the assumption of the committee's main
functions by another entity within the Federal Government; or the agency
determines that the cost of operation is excessive in relation to the
benefits accruing to the Federal Government;
(c) An advisory committee shall be fairly balanced in its membership
in terms of the points of view represented and the functions to be
performed; and
(d) An advisory committee shall be open to the public in its
meetings except in those circumstances where a closed meeting shall be
determined proper and consistent with the provisions in the Government
in the Sunshine Act, 5 U.S.C. 552(b).
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]
Sec. 101-6.1003 Definitions.
Act means the Federal Advisory Committee Act, as amended, 5 U.S.C.,
App.
Administrator means the Administrator of General Services.
Advisory committee subject to the Act means any committee, board,
commission, council, conference, panel, task force, or other similar
group, or any subcommittee or other subgroup thereof, which is
established by statute, or established or utilized by the President or
any agency official for the purpose of obtaining advice or
recommendations on issues or policies which are within the scope of his
or her responsibilities.
Agency has the same meaning as in section 551(1) of title 5 of the
United States Code.
Committee Management Secretariat (Secretariat), established pursuant
to the Act is responsible for all matters relating to advisory
committees, and carries out the Administrator's responsibilities under
the Act and Executive Order 12024.
Committee member means an individual who serves by appointment on an
advisory committee and has the full right and obligation to participate
in the activities of the committee, including voting on committee
recommendations.
Presidential advisory committee means any advisory committee which
advises the President. It may be established by the President or by the
Congress, or used by the President in the interest of obtaining advice
or recommendations for the President. ``Independent Presidential
advisory committee'' means any Presidential advisory committee not
assigned by the President, or the President's delegate, or by the
Congress in law, to an agency for administrative and other support and
for which the Administrator of General Services may provide
administrative and other support on a reimbursable basis.
Staff member means any individual who serves in a support capacity
to an advisory committee.
Utilized (or used), as referenced in the definition of Advisory
committee in this section, means a committee or other group composed in
whole or in part of other than full-time officers or employees of the
Federal Government with an established existence outside the agency
seeking its advice which the President or agency official(s) adopts,
such as through institutional arrangements, as a preferred source from
which to obtain advice or recommendations on a specific issue or policy
within the scope of his or her responsibilities in the same manner as
that individual would obtain advice or recommendations from an
established advisory committee.
Sec. 101-6.1004 Examples of advisory meetings or groups not covered by the Act or this subpart.
The following are examples of advisory meetings or groups not
covered by the Act or this subpart;
(a) Any committee composed wholly of full-time officers or employees
of the Federal Government;
(b) Any advisory committee specifically exempted by an Act of
Congress;
(c) Any advisory committee established or utilized by the Central
Intelligence Agency;
(d) Any advisory committee established or utilized by the Federal
Reserve System;
(e) The Advisory Committee on Intergovernmental Relations;
(f) Any local civic group whose primary function is that of
rendering a public service with respect to a Federal program, or any
State or local committee, council, board, commission, or similar group
established to advise or
[[Page 55]]
make recommendations to State or local officials or agencies;
(g) Any committee which is established to perform primarily
operational as opposed to advisory functions. Operational functions are
those specifically provided by law, such as making or implementing
Government decisions or policy. An operational committee may be covered
by the Act if it becomes primarily advisory in nature. It is the
responsibility of the administering agency to determine whether such a
committee is primarily operational. If so, it would not fall under the
requirements of the Act and this subpart, but would continue to be
regulated under relevant laws, subject to the direction of the President
and the review of the appropriate legislative committees;
(h) Any meeting initiated by the President or one or more Federal
official(s) for the purpose of obtaining advice or recommendations from
one individual;
(i) Any meeting initiated by a Federal official(s) with more than
one individual for the purpose of obtaining the advice of individual
attendees and not for the purpose of utilizing the group to obtain
consensus advice or recommendations. However, agencies should be aware
that such a group would be covered by the Act when an agency accepts the
group's deliberations as a source of consensus advice or
recommendations;
(j) Any meeting initiated by a group with the President or one or
more Federal official(s) for the purpose of expressing the group's view,
provided that the President or Federal official(s) does not use the
group recurrently as a preferred source of advice or recommendations;
(k) Meetings of two or more advisory committee or subcommittee
members convened solely to gather information or conduct research for a
chartered advisory committee, to analyze relevant issues and facts, or
to draft proposed position papers for deliberation by the advisory
committee or a subcommittee of the advisory committee; or
(l) Any meeting with a group initiated by the President or one or
more Federal official(s) for the purpose of exchanging facts or
information.
Sec. 101-6.1005 Authorities for establishment of advisory committees.
An advisory committee may be established in one of four ways:
(a) By law where the Congress specifically directs the President or
an agency to establish it;
(b) By law where the Congress authorizes but does not direct the
President or an agency to establish it. In this instance, the
responsible agency head shall follow the procedures provided in
Sec. 101-6.1007;
(c) By the President by Executive Order; or
(d) By an agency under general agency authority in title 5 of the
United States Code or under other general agency-authorizing law. In
this instance, an agency head shall follow the procedures provided in
Sec. 101-6.1007.
Sec. 101-6.1006 [Reserved]
Sec. 101-6.1007 Agency procedures for establishing advisory committees.
(a) When an agency head decides that it is necessary to establish a
committee, the agency must consider the functions of similar committees
in the same agency before submitting a consultation to GSA to ensure
that no duplication of effort will occur.
(b) In establishing or utilizing an advisory committee, the head of
an agency or designee shall comply with the Act and this subpart, and
shall:
(1) Prepare a proposed charter for the committee which includes the
information listed in section 9(c) of the Act; and
(2) Submit a letter and the proposed charter to the Secretariat
proposing to establish or use, reestablish, or renew an advisory
committee. The letter shall include the following information:
(i) An explanation of why the committee is essential to the conduct
of agency business and in the public interest;
(ii) An explanation of why the committee's functions cannot be
performed by the agency, another existing advisory committee of the
agency, or other means such as a public hearing; and
(iii) A description of the agency's plan to attain fairly balanced
membership. The plan will ensure that, in the
[[Page 56]]
selection of members for the committee, the agency will consider a
cross-section of those directly affected, interested, and qualified, as
appropriate to the nature and functions of the committee. Committees
requiring technical expertise should include persons with demonstrated
professional or personal qualifications and experience relevant to the
functions and tasks to be performed.
(3) Subcommittees that do not function independently of the full or
parent advisory committee need not follow the requirements of paragraphs
(b)(1) and (b)(2) of this section. However, they are subject to all
other requirements of the Act.
(4) The requirements of paragraphs (b)(1) and (b)(2) of this section
shall apply for any subcommittee of a chartered advisory committee,
whether its members are drawn in whole or in part from the full or
parent advisory committee, which functions independently of the parent
advisory committee such as by making recommendations directly to the
agency rather than for consideration by the chartered advisory
committee.
(c) The Secretariat will review the proposal and notify the agency
of GSA's views within 15 calendar days of receipt, if possible. The
agency head retains final authority for establishing a particular
advisory committee.
(d) The agency shall notify the Secretariat in writing that either:
(1) The advisory committee is being established. The filing of the
advisory committee charter as specified in Sec. 101-6.1013 shall be
considered appropriate written notification in this instance. The date
of filing constitutes the date of establishment or renewal. The agency
head shall then comply with the provisions of Sec. 101-6.1009 for an
established advisory committee; or
(2) The advisory committee is not being established. In this
instance, the agency shall also advise the Secretariat if the agency
head intends to take any further action with respect to the proposed
advisory committee.
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]
Sec. 101-6.1008 The role of GSA.
(a) The functions under section 7 of the Act will be performed for
the Administrator by the Secretariat. The Secretariat assists the
Administrator in prescribing administrative guidelines and management
controls for advisory committees, and assists other agencies in
implementing and interpreting these guidelines. In exercising internal
controls over the management and supervision of the operations and
procedures vested in each agency by section 8(b) of the Act and by
Sec. 101-6.1009 and Sec. 101-6.1017 of this rule, agencies shall conform
to the guidelines prescribed by GSA.
(b) The Secretariat may request comments from agencies on management
guidelines and policy issues of broad interagency interest or
application to the Federal advisory committee program.
(c) In advance of issuing informal guidelines, nonstatutory
reporting requirements, and administrative procedures such as report
formats or automation, the Secretariat shall request formal or informal
comments from agency Committee Management Officers.
(d) The Secretariat shall assure that follow-up reports required by
section 6(b) of the Act are prepared and transmitted to the Congress as
directed by the President; either by his delegate, by the agency
responsible for providing support to a Presidential advisory committee,
or by the responsible agency or organization designated pursuant to
paragraph (c) of Sec. 101-6.1011. In performing this function, GSA may
solicit the assistance of the Office of Management and Budget and other
appropriate organizations, as deemed appropriate.
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]
Sec. 101-6.1009 Responsibilities of an agency head.
The head of each agency that uses one or more advisory committees
shall ensure:
(a) Compliance with the Act and this subpart;
(b) Issuance of administrative guidelines and management controls
which
[[Page 57]]
apply to all advisory committees established or used by the agency;
(c) Designation of a Committee Management Officer who shall carry
out the functions specified in section 8(b) of the Act;
(d) Provision of a written determination stating the reasons for
closing any advisory committee meeting to the public;
(e) A review, at least annually, of the need to continue each
existing advisory committee, consistent with the public interest and the
purpose and functions of each committee;
(f) Rates of pay are justified and levels of agency support are
adequate;
(g) The appointment of a Designated Federal Officer for each
advisory committee and its subcommittees;
(h) The opportunity for reasonable public participation in advisory
committee activities;
(i) That the number of committee members is limited to the fewest
necessary to accomplish committee objectives;
(j) That the interests and affiliations of advisory committee
members are reviewed consistent with regulations published by the Office
of Government Ethics in 5 CFR parts 734, 735, and 737, and additional
requirements, if any, established by the sponsoring agency pursuant to
Executive Order 12674, the conflict-of-interest statutes, and the Ethics
in Government Act of 1978, as amended; and
(k) Unless otherwise specified by the President, the preparation and
transmittal of a follow-up report to the Congress detailing the
disposition of the public recommendations of a Presidential advisory
committee supported by the agency, in accordance with sections 6(b) of
the Act.
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]
Sec. 101-6.1010 [Reserved]
Sec. 101-6.1011 Responsibilities of the chairperson of an independent Presidential advisory committee.
The chairperson of an independent Presidential advisory committee
shall comply with the Act and this subpart and shall:
(a) Consult with the Administrator concerning the role of the
Designated Federal Officer and Committee Management Officer;
(b) Fulfill the responsibilities of an agency head as specified in
paragraphs (d), (h) and (j) of Sec. 101-6.1009; and
(c) Unless otherwise specified by the President, consult with the
Administrator regarding the designation of an agency or organization
responsible for implementing section 6(b) of the Act.
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]
Sec. 101-6.1012 [Reserved]
Sec. 101-6.1013 Charter filing requirements.
No advisory committee may operate, meet, or take any action until
its charter has been filed as follows:
(a) Advisory committee established, used, reestablished, or renewed
by an agency. The agency head shall file--
(1) The charter with the standing committees of the Senate and the
House of Representatives having legislative jurisdiction of the agency;
(2) A copy of the filed charter with the Library of Congress,
Exchange and Gift Division, Federal Documents Section, Federal Advisory
Committee Desk, Washington, DC 20540; and
(3) A copy of the charter indicating the Congressional filing date,
with the Secretariat.
(b) Advisory committee specifically directed by law or authorized by
law. Procedures are the same as in paragraph (a) of this section.
(c) Presidential advisory committee. When either the President or
the Congress establishes an advisory committee that advises the
President, the responsible agency head or, in the case of an independent
Presidential advisory committee, the President's designee shall file--
(1) The charter with the Secretariat;
(2) A copy of the filed charter with the Library of Congress; and
(3) If specifically directed by law, a copy of the charter
indicating its date of filing with the Secretariat, with the standing
committees on the Senate and the House of Representatives having
legislative jurisdiction of the agency or
[[Page 58]]
the independent Presidential advisory committee.
Sec. 101-6.1014 [Reserved]
Sec. 101-6.1015 Advisory committee information which must be published in the Federal Register.
(a) Committee establishment, reestablishment, or renewal. (1) A
notice in the Federal Register is required when an advisory committee,
except a committee specifically directed by law or established by the
President by Executive Order, is established, used, reestablished, or
renewed. Upon receiving notification of the completed review from the
Secretariat in accordance with paragraph (c) of Sec. 101-6.1007, the
agency shall publish a notice in the Federal Register that the committee
is being established, used, reestablished, or renewed. For a new
committee, such notice shall also describe the nature and purpose of the
committee and the agency's plan to attain fairly balanced membership,
and shall include a statement that the committee is necessary and in the
public interest.
(2) Establishment and reestablishment notices shall appear at least
15 calendar days before the committee charter is filed, except that the
Secretariat may approve less than 15 days when requested by the agency
for good cause. The 15-day advance notice requirement does not apply to
committee renewals, notices of which may be published concurrently with
the filing of the charter.
(b) Committee meetings. (1) The agency or an independent
Presidential advisory committee shall publish at least 15 calendar days
prior to an advisory committee meeting a notice in the Federal Register,
which includes:
(i) The exact name of the advisory committee as chartered;
(ii) The time, date, place, and purpose of the meeting;
(iii) A summary of the agenda; and
(iv) A statement whether all or part of the meeting is open to the
public or closed, and if closed, the reasons why, citing the specific
exemptions of the Government in the Sunshine Act (5 U.S.C. 552(b)) as
the basis for closure.
(2) In exceptional circumstances, the agency or an independent
Presidential advisory committee may give less than 15 days notice,
provided that the reasons for doing so are included in the committee
meeting notice published in the Federal Register.
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]
Sec. 101-6.1016 [Reserved]
Sec. 101-6.1017 Responsibilities of the agency Committee Management Officer.
In addition to implementing the provisions of section 8(b) of the
Act, the Committee Management Officer will carry out all
responsibilities delegated by the agency head. The Committee Management
Officer should also ensure that section 10(b), 12(a) and 13 of the Act
are implemented by the agency to provide for appropriate recordkeeping.
Records include, but are not limited to:
(a) A set of approved charters and membership lists for each
advisory committee;
(b) Copies of the agency's portion of the Annual Report of Federal
Advisory Committees required by paragraph (b) of Sec. 101-6.1035;
(c) Agency guidelines on committee management operations and
procedures as maintained and updated; and
(d) Agency determinations to close advisory committee meetings as
required by paragraph (c) of Sec. 101-6.1023.
Sec. 101-6.1018 [Reserved]
Sec. 101-6.1019 Duties of the Designated Federal Officer.
The agency head or, in the case of an independent Presidential
advisory committee, the Administrator shall designate a Federal officer
or employee, who may be either full-time or permanent part-time, to be
the Designated Federal Officer for each advisory committee and its
subcommittees, who:
(a) Must approve or call the meeting of the advisory committee;
(b) Must approve the agenda;
(c) Must attend the meetings;
(d) Shall adjourn the meetings when such adjournment is in the
public interest; and
(e) Chairs the meeting when so directed by the agency head.
[[Page 59]]
(f) The requirement in paragraph (b) of this section does not apply
to a Presidential advisory committee.
Sec. 101-6.1020 [Reserved]
Sec. 101-6.1021 Public participation in advisory committee meetings.
The agency head, or the chairperson of an independent Presidential
advisory committee, shall ensure that--
(a) Each advisory committee meeting is held at a reasonable time and
in a place reasonably accessible to the public;
(b) The meeting room size is sufficient to accommodate advisory
committee members, committee or agency staff, and interested members of
the public;
(c) Any member of the public is permitted to file a written
statement with the advisory committee; and
(d) Any member of the public may speak at the advisory committee
meeting if the agency's guidelines so permit.
Sec. 101-6.1022 [Reserved]
Sec. 101-6.1023 Procedures for closing an advisory committee meeting.
(a) To close all or part of a meeting, an advisory committee shall
submit a request to the agency head or, in the case of an independent
Presidential advisory committee, the Administrator, citing the specific
provisions of the Government in the Sunshine Act (5 U.S.C. 552(b)) which
justify the closure. The request shall provide the agency head or the
Administrator sufficient time to review the matter in order to make a
determination prior to publication of the meeting notice required by
Sec. 101-6.1015(b).
(b) The general counsel of the agency or, in the case of an
independent Presidential advisory committee, the general counsel of the
General Services Administration should review all requests to close
meetings.
(c) If the agency head or, in the case of an independent
Presidential advisory committee, the Administrator agrees that the
request is consistent with the provisions in the Government in the
Sunshine Act and the Federal Advisory Committee Act, he or she shall
issue a determination that all or part of the meeting be closed.
(d) The agency head, or the chairperson of an independent
Presidential advisory committee, shall:
(1) Make a copy of the determination available to the public upon
request; and
(2) State the reasons why all or part of the meeting is closed,
citing the specific exemptions used from the Government in the Sunshine
Act in the meeting notice published in the Federal Register.
Sec. 101-6.1024 [Reserved]
Sec. 101-6.1025 Requirement for maintaining minutes of advisory committee meetings.
(a) The agency head or, in the case of an independent Presidential
advisory committee, the chairperson shall ensure that detailed minutes
of each advisory committee meeting are kept. The minutes must include:
(1) Time, date, and place;
(2) A list of the following persons who were present:
(i) Advisory committee members and staff;
(ii) Agency employees; and
(iii) Members of the public who presented oral or written
statements;
(3) An estimated number of other members of the public present;
(4) An accurate description of each matter discussed and the
resolution, if any, made by the committee of such matter; and
(5) Copies of each report or other document received, issued, or
approved by the committee.
(b) The chairperson of each advisory committee shall certify to the
accuracy of all minutes of advisory committee meetings.
Sec. 101-6.1026 [Reserved]
Sec. 101-6.1027 Termination of advisory committees.
(a) Any advisory committee shall automatically terminate not later
than 2 years after it is established, reestablished, or renewed, unless:
(1) Its duration is otherwise provided for by law;
[[Page 60]]
(2) The President or agency head renews it prior to the end of such
period; or
(3) The President or agency head terminates it before that time by
revoking or abolishing its establishment authority.
(b) If an agency head terminates an advisory committee, the agency
shall notify the Secretariat of the effective date of termination.
Sec. 101-6.1028 [Reserved]
Sec. 101-6.1029 Renewal and rechartering of advisory committees.
(a) Advisory committees specifically directed by law:
(1) Whose duration extends beyond 2 years shall require rechartering
by the filing of a new charter every 2 years after the date of enactment
of the law establishing the committee. If a new charter is not filed,
the committee is not terminated, but may not meet or take any action.
(2) Which would terminate under the provisions of section 14 of the
Act, and for which renewal would require reauthorization by law, may be
reestablished by an agency provided that the agency complies under
general agency authority with the provisions of Sec. 101-6.1007.
(b) Advisory committees established by the President may be renewed
by appropriate action of the President and the filing of a new charter.
(c) Advisory committees authorized by law or established or used by
an agency may be renewed, provided that at least 30 but not more than 60
days before the committee terminates, an agency head who intends to
renew a committee complies with the provisions of Sec. 101-6.1007.
Sec. 101-6.1030 [Reserved]
Sec. 101-6.1031 Amendments to advisory committee charters.
(a) Committees specifically directed by law or authorized by law; or
established by the President. The agency head shall be responsible for
ensuring that any minor technical changes made to current charters are
consistent with the relevant statute or Executive Order. When the
Congress by law, or the President by Executive Order, changes the
authorizing language which has been the basis for establishing an
advisory committee, the agency head, or the chairperson of an
independent Presidential advisory committee, shall:
(1) Amend those sections of the current charter affected by the new
law or Executive Order; and
(2) File the amended charter as specified in Sec. 101-6.1013.
(b) Committees established or used by an agency. The charter of an
advisory committee established under general agency authority may be
amended when an agency head determines that the existing charter no
longer accurately reflects the objectives or functions of the committee.
Changes may be minor, such as revising the name of the advisory
committee, or modifying the estimated number or frequency of meetings.
Changes may also be major such as those dealing with the objectives or
composition of the committee. The agency head retains final authority
for amending the charter of an advisory committee. Amending any existing
advisory committee charter does not constitute renewal of the committee
under Sec. 101-6.1029.
(1) To make a minor amendment to a committee charter, an agency
shall:
(i) Amend the charter language as necessary, and
(ii) File the amended charter as specified in Sec. 101-6.1013.
(2) To make a major amendment to a committee charter, an agency
shall:
(i) Amend the charter language as necessary;
(ii) Submit the proposed amended charter with a letter to the
Secretariat requesting GSA's views on the amended language, along with
an explanation of the purpose of the changes and why they are necessary.
The Secretariat will review the proposed changes and notify the agency
of GSA's views within 15 calendar days of the request, if possible; and
(iii) File the amended charter as specified in Sec. 101-6.1013.
[[Page 61]]
Sec. 101-6.1032 [Reserved]
Sec. 101-6.1033 Compensation and expense reimbursement of advisory committee members, staffs and consultants.
(a) Uniform pay guidelines for members of an advisory committee.
Nothing in this subpart shall require an agency head to provide
compensation, unless otherwise provided by law, to a member of an
advisory committee. However, when compensation is deemed appropriate by
an agency, it shall fix the pay of the members of an advisory committee
to the daily equivalent of a rate of the General Schedule in 5 U.S.C.
5332 unless the members are appointed as consultants and compensated
under 5 U.S.C. 3109. In determining an appropriate rate of pay for the
members, an agency shall give consideration to the significance, scope,
and technical complexity of the matters with which the advisory
committee is concerned and the qualifications required of the members of
the advisory committee. An agency may not fix the pay of the members of
an advisory committee at a rate higher than the daily equivalent of the
maximum rate for a GS-15 under the General Schedule, unless a higher
rate is mandated by statute, or the head of the agency has personally
determined that a higher rate of pay under the General Schedule is
justified and necessary. Such a determination must be reviewed by the
head of the agency annually. Under this subpart, an agency may not fix
the pay of the members of an advisory committee at a rate of pay higher
than the daily equivalent of a rate for a GS-18, as provided in 5 U.S.C.
5332.
(b) Pay for staff members of an advisory committee. An agency may
fix the pay of each advisory committee staff member at a rate of the
General Schedule in which the Staff member's position would
appropriately be placed (5 U.S.C. chapter 51). An agency may not fix the
pay of a staff member at a rate higher than the daily equivalent of the
maximum rate for GS-15, unless the agency head has determined that under
the General Schedule the staff member's position would appropriately be
placed at a grade higher than GS-15. This determination must be reviewed
annually by the agency head.
(1) In establishing rates of compensation, the agency head shall
comply with any applicable statutes, regulations, Executive Orders, and
administrative guidelines.
(2) A staff member who is a Federal employee shall serve with the
knowledge of the Designated Federal Officer and the approval of the
employee's direct supervisor. If a non-Federal employee, the staff
member shall be appointed in accordance with applicable agency
procedures, following consultation with the advisory committee.
(c) Pay for consultants to an advisory committee. An agency shall
fix the pay of a consultant to an advisory committee after giving
consideration to the qualifications required of the consultant and the
significance, scope, and technical complexity of the work. The
compensation may not exceed the maximum rate of pay authorized by 5
U.S.C. 3109, and shall be in accordance with any applicable statutes,
regulations, Executive Orders and administrative guidelines.
(d) Gratuitous services. In the absence of any special limitations
applicable to a specific agency, nothing in this subpart shall prevent
an agency from accepting the gratuitous services of an advisory
committee member, staff member, or consultant who agrees in advance to
serve without compensation.
(e) Travel expenses. Advisory committee members and staff members,
while engaged in the performance of their duties away from their homes
or regular places of business, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for persons employed intermittently in the
Government service.
(f) Services for handicapped members. While performing advisory
committee duties, an advisory committee member who is blind or deaf or
who qualifies as a handicapped individual may be provided services by a
personal assistant for handicapped employees if the member:
(1) Qualifies as a handicapped individual as defined by section 501
of the
[[Page 62]]
Rehabilitation Act of 1973 (29 U.S.C. 794); and
(2) Does not otherwise qualify for assistance under 5 U.S.C. 3102 by
reason of being an employee of an agency.
(g) Exclusions. (1) Nothing in this section shall prevent any person
who (without regard to his or her service with an advisory committee) is
a full-time Federal employee from receiving compensation at a rate which
he or she otherwise would be compensated as a full-time Federal
employee.
(2) Nothing in this section shall prevent any person who immediately
before his or her service with an advisory committee was a full-time
Federal employee from receiving compensation at the rate at which he or
she was compensated as a full-time Federal employee.
(3) Nothing in this section shall affect a rate of pay or a
limitation on a rate of pay that is specifically established by law or a
rate of pay established under the General Schedule classification and
pay system in chapter 51 and chapter 53 of title 5, United States Code.
Sec. 101-6.1034 [Reserved]
Sec. 101-6.1035 Reports required for advisory committees.
(a) Within one year after a Presidential advisory committee has
submitted a public report to the President, a follow-up report will be
prepared and transmitted to the Congress as determined under paragraph
(d) of Sec. 101-6.1008, detailing the disposition of the committee's
recommendations in accordance with section 6(b) of the Act. Reports
shall be consistent with specific instructions issued periodically by
the Secretariat;
(b) The President's annual report to the Congress shall be prepared
by GSA based on reports filed on a fiscal year basis by each agency
consistent with the information specified in section 6(c) of the Act.
Reports from agencies shall be consistent with instructions provided
annually by the Secretariat. Agency reports shall also include
information requested to enable the Secretariat to carry out the annual
comprehensive review of each advisory committee as required by section
7(b) of the Act. These reports have been cleared in accordance with
FIRMR subpart 201-45.6 in 41 CFR chapter 201 and assigned interagency
report control number 0304-GSA-XX.
(c) In accordance with section 10(d) of the Act, advisory committees
holding closed meetings shall issue reports at least annually, setting
forth a summary of activities consistent with the policy of section
552(b) of title 5, United States Code.
(d) Subject to section 552 of title 5, United States Code, eight
copies of each report made by an advisory committee, including any
report on closed meetings as specified in paragraph (c) of this section,
and, where appropriate, background papers prepared by consultants, shall
be filed with the Library of Congress as required by section 13 of the
Act, for public inspection and use at the location specified in
paragraph (a)(2) of Sec. 101-6.1013.
[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]
Subparts 101-6.11--101-6.20 [Reserved]
Subpart 101-6.21--Intergovernmental Review of General Services
Administration Programs and Activities
Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended Apr.
8, 1983 (48 FR 15887); sec. 401 of the Intergovernmental Cooperation Act
of 1968 as amended (31 U.S.C. 6506).
Source: 48 FR 29329, June 24, 1983, unless otherwise noted.
Editorial Note: For additional information, see related documents
published at 47 FR 57369, Dec. 23, 1982, 48 FR 17101, Apr. 21, 1983, and
48 FR 29096, June 24, 1983.