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ment the HEWPMR shall be identified (b) HEWPMR. In the interest of by prefixes to the number 103, part, sub establishing and maintaining uniformpart, section, and subsection. The follow ity to the maximum extent feasible, deing are the assigned prefixes:
viations from the HEWPMR shall be Organization
kept to a minimum. Requests for such
deviations shall be forwarded, through HEW
(None) Office of the Secre
administrative channels, to the Office of tary OS
General Services, OS-OASA, for considOffice of Field Coordi
eration and appropriate action. nation
OFC Facilities Engineering
§ 103–1.151 Exclusion. and Construction
(a) Certain HEW property manageAgency FEO
ment policies and procedures which Individual Regional Office RO(+Roman No.)
come within the scope of this Chapter Environmental Health
103 nevertheless may be excluded thereService
from when justified. These exclusions Food and Drug Admin
may include the following categories: istration FDA
(1) Policies or procedures which are Office of Education -- OE
instituted on an experimental basis, or Health Services and
which are expected to be effective for a Mental Health Administration
period of less than 6 months.
HSM National Institutes of
(2) Policies and procedures pertainHealth
ing to other functions of HEW as well Social and Rehabilita
as to property management functions, tion Service...
where there is need to make the issuance Social Security Admin
available simultaneously to all HEW emistration
ployees concerned. The organizations listed above shall, (3) Speed of issuance is essential, under the prefixes assigned, publish de numerous changes are required in tailed operating instructions as deemed Chapter 103, and all necessary changes necessary. However, under no circum cannot be made promptly. stances shall any organization's imple (4) Issuance having extensive and dementation or supplementation of the tailed information such as manual FPMR or HEWPMR conflict, supersede, guides. or duplicate policies or procedures pre (b) Property management procedures scribed by these regulatory issuances. and instructions issued under paragraph Material so issued shall follow the num (a) (2) and (3) of this section will be bering system, format, and arrangement published in Chapter 103 at the earliest of the FPMR and HEWPMR, and will be practicable date. applicable only within the organization issuing the publication. Such material
§ 103-1.152 Citation. shall not be published routinely in the
The HEWPMR will be cited in the FEDERAL REGISTER. Requests for approval same manner as the FPMR are cited. to publish material in the FEDERAL REGIS Thus this section, in referring to TER shall be submitted to the Office of divisions of the FPMR system should be General Services, OS-OASA, when publi
cited as "Section 103-1.152 of Chapter cation is deemed appropriate.
103." When the official Code of Federal [35 F.R. 13645, Aug. 27, 1970, as amended at
Regulations citation is used, this section 35 F.R. 19250, Dec. 19, 1970]
should be cited as “41 CFR 103-1.152." § 103–1.110 Deviation.
Any citation of the FPMR and the
HEWPMR may be identified informally, (a) FPMR. Requests for deviations
for purpose of brevity, as "FPMR" or from the provisions of FPMR shall be
"HEWPMR” respectively, followed by forwarded, through administrative channels, to the Office of General Services,
the section number, such as “FPMR OS-OASA, for consideration. Approved
101–1.101" or "HEWPMR 103–1.152." requests shall be forwarded to the Gen Subpart 103–1.50—Authorities and eral Services Administration for appro
Responsibilities priate action. Requests for deviations shall set forth clearly the nature of the
$ 103–1.5001 Applicability, required deviations and the circum Whenever the provisions of this substances warranting them.
part are directed to the day-by-day re
sponsibilities and operation of the operating agencies, and/or the Regional Offices, they shall also apply to similar operations of the Office of the Secretary, unless specifically exempted. § 103-1.5002 Definitions.
As used in this subpart and elsewhere in the HEWPMR, the following terms shall have the meaning as set forth in this § 103–1.5002. § 103–1.5002–1 Acquire (acquisition),
“Acquire (acquisition)” means to obtain ownership of property in any manner, including purchase, transfer, donation, manufacture, construction, condemnation, or production at Government-owned or operated plants or facilities. Property will be considered to be acquired at the time title to the property passes to the Department irrespective of point of origin. Usually title will pass upon delivery or acceptance of the property. § 103–1.5002–2 Board of survey.
“Board of survey" means a committee usually consisting of three to five officers and/or employees of the Department or the Government appointed to make inquiry into the circumstances of a shortage, loss, damage, destruction or condition of property, and to report their findings. § 103–1.5002–3 Capitalization (capital
ize, to). “Capitalization (capitalize, to) means the assignment of dollar values to property for the purpose of reflecting such values on property accountability records and general ledger asset accounts. $ 103–1.5002–4 Capitalized property.
"Capitalized property” means property which has been entered on the records of the Department as an investment or asset. § 103–1.5002–5 Department.
"Department” means the Department of Health, Education, and Welfare, including all of its activities wherever located. § 103–1.5002–6 Equipment.
"Equipment” means an article of personal property which is complete in it
self, is of durable nature with an expected service life of 1 year or more, and does not ordinarily lose its identity or become a component part of another article when put into use. The term when used unqualifiedly includes furniture, machines, furnishings, etc., or any durable item required to equip an individual or activity to do a job. § 103–1.5002–7 Head of the agency.
"Head of the agency” shall mean the Secretary of Health, Education, and Welfare. Heads of the operating agencies shall not place themselves in the head of the agency context and interpretation. § 103–1.5002–8 Maintenance.
“Maintenance” refers to the routine recurring work required to keep property in substantially original condition. It may include replacement of minor constituent parts, materials or equipment. § 103–1.5002-9 Materials.
"Materials” refers to all items necessary for the equipping, maintenance, operation, and support of governmental activities, without distinction as to use for administrative or operational purpose. § 103–1.5002–10 Operating agency.
“Operating agency” shall mean the Environmental Health Service, Food and Drug Administration, Office of Education, Health Services and Mental Health Administration, National Institutes of Health, Social and Rehabilitation Seryice, and Social Security Administration. § 103–1.5002–11 Property.
“Property” means any interest in property except the public domain; lands reserved or dedicated for national forest or national park purposes; minerals in lands or portions of lands withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and lands withdrawn or reserved from the public domain except lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator of General Services, determines are not suitable for return to the public domain for disposition under the general public land laws because such lands are substantially changed in character by improvements or otherwise; and records of the Federal Government. To provide the necessary management and accounting control, property is identified by categories set forth below.
(a) Real property: For definition of real property see § 101-47.103-12 of this title.
(b) Personal property: All property other than real or building service equipment. Items in this category are further classified as expendable and nonexpendable property.
(1) "Expendable" means those categories or specific items of property which have been classified for property control and/or cost accounting purposes as expendable and the cost or appraised value thereof is to be charged as an expense when received or issued depending upon the cost accounting system applied by the activity. The value of quantities of expendable items held in stores or redistribution activity pending issue is recorded as an asset.
(2) “Nonexpendable” means those categories or specific items of property which for property management and/or accounting purposes are to be carried as capital assets of a program or activity until disposed of by transfer, sale, or other means.
(c) Installed personal property is that property which requires utility connections (other than electric cord which may be plugged into receptacles) and is related to a functional area, or property which when removed from the space or building does not render the space or building unusable or uninhabitable.
(d) Accountable personal property means all personal property which is subject to accountability by appropriate authority. Such property includes that capitalized in the fiscal records of the Department and usually all personal property for which quantitative record control is required to be maintained, i.e., inventories of expendable supplies.
(e) Personal custody property. Articles which are sensitive to appropriation for private use, or are used in situations beyond normal supervisory notice, and good management practice dictates that such property should be accounted for by the person to whom use and trust of the items are assigned.
§ 103–1.5002–12 Property management.
“Property management,” when used as a general term, is the broad function of the management, coordination, and regulation of activities concerned with the functions of planning property needs, the acquisition of property, the receipt, storage, and distribution of property; the proper utilization and care of property; of property accounting control and the disposition of property; as well as other secondary or integral functions that affect the property of the Department. § 103–1.5002-13 Property management
officer. “Property management officer" is the employee who has been designated by proper authority to be immediately responsible for the exercise of such property management functions as are authorized to be performed at the office and installations for which he is assigned responsibility, without regard to the job title by which his position is officially known. § 103–1.5002-14 Secretary.
"Secretary” means the Secretary of Health, Education, and Welfare. § 103–1.5003 General.
(a) General and special legislation, regulations, executive orders, and the dictates of good management practices place on the Secretary, the heads of operating agencies, subordinate line officials, and the heads of offices and installations, a responsibility for establishing and maintaining an effective and efficient property management program.
(b) Department officials assigned responsibility for the management of property (see § 103–1.5006) are responsible for the conduct of an effective program that will prevent loss, waste, unauthorized or improper use, and unwarranted accumulations of property. Such a program will provide the following:
(1) Effective planning and scheduling of requirements to assure that supplies, equipment, and space are available to adequately serve operations while at the same time maintaining operating costs and inventory levels at a minimum.
(2) Assurance through leadership and direction that:
(1) Maximum utilization of property is obtained and that property is used for official purposes only;
(ii) Adequate inventory controls and accountability records are maintained;
(iii) Property is properly cared for including preservation, preventive maintenance, handling and storage;
(iv) Property is made available for reassignment to other Government activities when such property is no longer required for present or approved projects or programs;
(v) Newly acquired property is adequately inspected to assure receipt of proper quantities in acceptable condition, and compliance with specifications and standards;
(vi) Property management reports are submitted as required; and
(vii) Periodic management reviews are conducted for the purpose of determining (a) compliance with prescribed policies and regulations, and (b) the need for guidance and/or training. The reviews shall be conducted by qualified personnel preferably assigned to positions not directly accountable or responsible for the property in the area being reviewed. The Procurement and Materiel Checklist, Form HEW-552, available through normal distribution channels, shall be used as appropriate in conducting such reviews. [35 F.R. 13645, Aug. 27, 1970, as amended at 35 F.R. 19250, Dec. 19, 1970) § 103–1.5004 Primary responsibility.
The Secretary has primary responsibility for providing direction and leadership in the development and establishment of an effective and efficient property management program including:
(a) Internal regulations, policies, and procedures, to meet the requirements of laws, regulations, and the dictates of good management practices; and
(b) The review and evaluation of property management programs, operations, and procedures. & 103-1.5005 Assignment of responsi
bilities and delegations of authority. (a) General. Some property management transactions require specific grants of authority empowering individuals to
take those actions, e.g., procurement authority to acquire property where the expenditure of funds is involved; contracting authority where the sale of property is involved. Other actions are based on grants of authority, instructions, directions, or are authorized by virtue of occupying a position to which responsibility is assigned. To effectively and efficiently conduct the Department's property management function, and in the interest of less costly procedures and practices, it is considered generally desirable that authority and responsibility for property management transactions be exercised at the lowest organizational unit practicable. Delegations may be made by the Office of the Secretary to operating agencies and the Regional Offices. Delegations made to officials of these organizations may be redelegated when authorized.
Delegations and redelegations, Chapter 8–75 of the HEW General Administration Manual states the policy and procedure applicable to delegations of authority and responsibility. Delegations of authority to perform actions pertaining to the management of property and related functions are located elsewhere in this part 103-1. § 103-1.5006 Responsibilities of Depart.
ment officials. (a) General. At all levels of the Department, officials in charge of activities have an inherent responsibility for the management of property under their jurisdiction. Depending upon the scope of the activities involved, these responsibilities will be carried out directly by the officer in charge or through the assistance of a staff officer selected to perform duties of the kind outlined in § 103–1.5007, either on a full-time basis or in addition to other duties.
(b) Specific responsibilities include:
(1) Advising all organizations and persons concerned of the name, location, responsibilities and authorities of individuals designated to perform property management responsibilities;
(2) Directing personnel under his jurisdiction to give full cooperation to such individuals;
(3) Designating personnel to assume the responsibilities of such individuals during their absence; and
(4) Notifying all employees of their responsibilities under § 103–1.5008. § 103–1.5007 Responsibilities of prop
erty management officers. A property management officer designated to carry out property management repsonsibilities is a staff officer or employee responsible to the officer in charge of an activity. He works in concert with other staff members of that activity to coordinate the planning for and utilization of all property, to assure effective and economical service in meeting operating needs (see § 103–1.5003). The property management officer's responsibilities include, but are not limited to, the following:
(a) Providing leadership and guidance in the proper utilization, care and disposal of property, as well as assuring the development of requirements for property on the basis of a determined need within authorized program objectives.
(b) Determining the condition of property relative to its serviceability and repairability resulting from fair wear and tear.
(c) Requiring board-of-survey action in accordance with instructions contained in HEWPMR, and when otherwise deemed advisable.
(d) In addition, where the jurisdiction of his chief encompasses one or more property accountable areas:
(1) Assuring through staff leadership and technical assistance that prescribed property accountability and property custodial records and controls and property transactions are maintained;
(2) Assuring that property accountability records are verified and reconciled by periodic inventories of property; and
(3) When serving as property accountable official, carrying out prescribed responsibilities. § 103–1.5008 Responsibilities of indi
viduals for public property. (a) Any employee of the Department who has use of, supervises the use of, or exercises control over Government property, is responsible for such property. This responsibility may take either or both of the following forms:
(1) Supervisory responsibility. This requires the establishment and continu
ous enforcement of necessary administrative measures to assure proper preservation and utilization of all Government property under jurisdiction of an officer-in-charge, an administrative official, or a supervisor. This responsibility does not denote, however, that personnel in such positions will be held pecuniarily liable for loss, damage, or destruction of property under their supervisory jurisdiction, unless there is evidence of neglect or misconduct indicating dereliction of duty on their part.
(2) Personal responsibility. Responsibility for the care and protection of Government property is an obligation inherent in every position occupied by & Government employee. Every employee is obligated to properly care for, handle, and use Government property, whether such property has been issued to or specifically assigned for his personal use, or is used by him only occasionally. The use of Government property at or away from the office or station requires the same exercise of judgment and prudence for care and protection of the property as a reasonable person would apply to his personal belongings. Leaving expensive equipment such as cameras, portable tape recorders, etc., in full view in a locked car in a location during periods when breaking and entering could be accomplished unobserved is not exercising prudence. Such action, when associated with other factors, could constitute negligence.
(b) Failure on the part of an employee to exercise responsibility for the care and protection of Government property could result in pecuniary liability. An employee may be held pecuniarily liable and be required to make restitution to the Government when such a determination has been made under the Board of Survey procedure, or upon a review of the case by the prescribed authority or his designee when the determination has been appealed by the employee. The employee may be excused from liability by the same authority.
(c) The extract from section 641 of title 18, United States Code, quoted below, available on Form HEW-542, Care and Protection of Government Property, will be posted on bulletin boards and