§ 101-48.201-5 Donation of lots not required to be reported. Forfeited distilled spirits, wine, and malt beverages not required to be reported under § 101-48.101-5 may be donated to eleemosynary institutions known to be eligible therefor if the beverages are determined by the seizing agency to be suitable for human consumption. The holding agency shall promptly report these donations by letter to the General Services Administration (3FBP-W), Washington, DC 20407. This report shall state the quantity and type donated, the name and address of the donee institution, and date of the donation. [56 FR 40262, Aug. 14, 1991] § 101-48.201-6 Packing and shipping costs. The receiving institution shall pay all costs of packing, shipping, and transportation. § 101-48.202 Donation of forfeited drug paraphernalia. (a) Forfeited drug paraphernalia for which there is no Federal utilization may be made available through State agencies, at the discretion of GSA, to State and local governments for law enforcement or educational purposes only. Donations will be made in accordance with part 101-44, except as otherwise provided in this subpart 101-48.2. (b) All transfers of drug paraphernalia to the State agencies for donation to State and local governments shall be accomplished by use of SF 123, Transfer Order Surplus Personal Property (see § 101-44.4901-123). The SF 123 shall be accompanied by a letter of justification, signed and dated by the authorized representative of the proposed donee, setting forth a detailed plan of utilization for the property and certifying that the donee will comply with all Federal State, and local laws, regulations, ordinances, and requirements governing use of the property. The SF 123, with the letter of justification, shall be submitted for approval to the General Services Administration, Property Management Division (FBP), Washington, DC 20406. (c) A State agency shall not pick up or store drug paraphernalia in its dis tribution centers. This property shall be released from the holding agency directly to the designated donee. [56 FR 40262, Aug. 14, 1991] Subpart of 101-48.3-Disposal Abandoned § 101-48.300 Scope of subpart. This subpart 101-48.3 prescribes the policies and methods governing the disposal of abandoned or other unclaimed, voluntarily abandoned, or forfeited personal property which may come into the custody or control of any Federal agency in the United States, the 'Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, or the Virgin Islands. Property in this category located elsewhere shall be disposed of under the regulations of the agency having custody thereof. § 101-48.301 General. Any property in the custody of a Federal agency which is not desired for retention by that agency nor utilized within any Federal agency in accordance with subpart 101-48.1 nor donated in accordance with subpart 101-48.2 shall be disposed of in accordance with the provisions of this subpart 101-48.3 § 101-48.302 Distilled spirits, wine, and malt beverages. (a) Distilled spirits, wine, and malt beverages (as defined in §101-48.001) which are not required to be reported under $101-48.101-5(c)(4) shall be destroyed as prescribed in § 101-48.302(b); distilled spirits, wine, and malt beverages which are not required to be reported under $101-48.101-5(c)(5) which have not been donated as prescribed in subpart 101-48.2 shall be destroyed in like manner. and (b) When reportable abandoned or forfeited distilled spirits, wine, and malt beverages are not retained by the holding agency, transferred to another agency, or donated to an eligible eleemosynary institution by GSA, the GSA National Capital Region will issue clearance to the agency which submitted the report as prescribed by § 101-48.101-5 for destruction of the distilled spirits, wine, and malt beverages. A record of the destruction showing time, place, and nomenclature and quantities destroyed shall be filed with papers and documents relating to the abandonment or forfeiture. [42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40262, Aug. 14, 1991] § 101-48.303 Firearms. Abandoned or forfeited firearms or voluntarily abandoned firearms shall not be sold as firearms. They may be disposed of by sale as scrap in the manner prescribed in § 101-45.309-4. § 101-48.304 Drug paraphernalia. (a) When forfeited drug paraphernalia is neither utilized within any Federal agency in accordance with subpart 10148.1 nor donated in accordance with subpart 101-48.2, GSA will issue clearance to the reporting agency to destroy the items. The destruction shall be performed by an employee of the holding agency in the presence of two additional employees of the agency as witnesses to the destruction. A statement of certification describing the fact, manner, date, type, and quantity destroyed shall be certified to by the agency employee charged with the responsibility for that destruction. The two agency employees who witnessed the destruction shall sign the following statement which shall appear on the certification below the signature of the certifying employee: "I have witnessed the destruction of the (list the drug paraphernalia) described in the foregoing certification in the manner and on the date stated herein:" § 101-48.305 Property other than distilled spirits, wine, malt beverages, firearms, and drug paraphernalia. (a) Property forfeited other than by court decree or voluntarily abandoned, except distilled spirts, wine, malt beverages, firearms, and drug paraphernalia, which is not returned to a claimant, retained by the agency of custody, or transferred in accordance with subpart 101-48.1 may be released to the holding agency by the GSA National Capital Region for public sale. except as otherwise provided by law. (b) Abandoned or other unclaimed property which is not retained by the holding agency, not transferred to another agency, or not required to be reported by the provisions of § 101-48.102, may be reported for sale to the appropriate selling activity at any time after title vests in the United States as provided in § 101-48.102-1. (c) Voluntarily abandoned, abandoned, or other unclaimed property and, in the absence of specific direction by a court, forfeited property, normally shall be sold by competitive bid as prescribed in § 101-45.304-1, subject to the same terms and conditions as would be applicable to the sale of surplus personal property. Voluntarily abandoned, abandoned, or other unclaimed property and forfeited property may be sold also by negotiation at the discretion of the selling agency but only under the circumstances set forth in § 101-45.304-2. Such property shall be identified by the holding agency as abandoned or other unclaimed, voluntarily abandoned, or forfeited property. and shall be reported for sale to the appropriate GSA regional office or to such other agency as otherwise is responsible for selling its surplus personal property unless specifically required by law to be sold by the holding agency. [56 FR 40262, Aug. 14, 1991] § 101-48.306 Disposition of proceeds from sale. § 101-48.306-1 Abandoned or other unclaimed property. (a) Proceeds from sale of abandoned or other unclaimed property shall be this $101-8.4902 to show the text, format, and arrangement of the form and to provide a ready source of reference. (b) Copies of the GSA Form 18 may be obtained from the General Services Administration (WDP), Washington, DC 20407. deposited in a special fund by the finding agency for a period of 3 years. A former owner may be reimbursed for abandoned or other unclaimed property which had been disposed of in accordance with the provisions of this subpart 101-48.3 upon filing a proper claim with the finding agency within 3 years from the date of vesting of title in the United States. Such reimbursement shall not exceed the proceeds realized from the disposal of such property less disposal costs and costs of the care and handling of such property as determined by the head of the agency concerned. (b) Records of abandoned or other unclaimed property shall be maintained in such a manner as to permit identification of the property with the original owner, if known, when such property is offered for sale. Records of proceeds received from the sale of abandoned or other unclaimed property shall be maintained as part of the permanent file and record of sale until the 3-year period for filing claims has elapsed. [56 FR 40262, Aug. 14, 1991] 101-49.200 Scope of subpart. 101-49.201 Reporting. 101-49.201-1 Gifts and decorations required to be reported. 101-49.201-2 Gifts and decorations not to be reported. 101-49.202 Transfers to other Federal agencies. 101-49.203 Costs incident to transfer. 101-49.204 Gifts and decorations no longer required by the transferee agency. any individual involved in the performance of the services; (c) An individual employed by or occupying an office or position in the government of a territory or possession of the United States or the government of the District of Columbia; (d) A member of a uniformed service; (e) The President and the Vice President; (f) A Member of Congress as defined by 5 U.S.C. 2106 (except the Vice President) and any Delegate to the Congress; and (g) The spouse of an individual described in paragraphs (a) through (f) of this section (unless this individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of this individual, other than a spouse or dependent who is an employee under paragraphs (a) through (f) of this section. § 101-49.001-2 Foreign government. Foreign government means: (a) Any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; (b) Any international or multinational organization whose membership is composed of any unit of a foreign government described in paragraph (a) of this section; and (c) Any agent or representative of any unit or organization while acting as such. § 101-49.001-3 Gift. Gift means a tangible or intangible present (other than a decoration) tendered by or received from a foreign government. § 101-49.001-4 Decoration. Decoration means an order, device. medal, badge, insignia, emblem, or award tendered by or received from a foreign government. § 101-49.001-5 Minimal value. Minimal value means a retail value in the United States at the time of acceptance of $260 or less, except that: (a) On January 1, 1981, and at 3-year intervals thereafter, "minimal value" will be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period; and (b) Regulations of an employing agency may define "minimal value" for its employees to be less than the value provided under this section. [44 FR 53750, Sept. 17, 1979, as amended at 55 FR 3953, Feb. 6, 1990; 58 FR 46089, Sept. 1, 1993; 61 FR 60034, Nov. 26, 1996; 64 FR 13701, Mar. 22, 1999] § 101-49.001-6 Employing agency. Employing agency means: (a) The Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in 5 U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) shall be carried out by the Clerk of the House; (b) The Select Committee on Ethics of the Senate, for Senators and employees of the Senate, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in 5 U.S.C. 7342(c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate; (c) The Administrative Office of the United States Courts, for judges and judicial branch employees; and (d) The department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. Subpart 101-49.1-General Provisions § 101-49.101 Custody of gifts and decorations. (a) GSA normally will not take custody of gifts and decorations for which recipients have expressed an interest in purchasing. All such gifts and decorations shall remain in the physical custody and be the responsibility of the employing agency until recipients either purchase or decline to purchase. GSA will accept physical custody of gifts and decorations which recipients decline to purchase and which are not retained for official use or returned to the donors. (b) GSA will direct the disposition of gifts and decorations when reported to GSA by the employing agency by: (1) Transfer to Federal agencies; (2) Donation for public display or other approved purposes; (3) Sale with the approval of the Secretary of State; or (4) Destruction. [44 FR 53750, Sept. 17, 1979, as amended at 50 FR 82, Jan. 2, 1985; 53 FR 12767, Apr. 19, 1988] § 101-49.102 Care and handling. (a) Each employing agency shall be responsible for the security of gifts and decorations in its custody. (b) Each employing agency shall be responsible for and bear the cost of care and handling of gifts and decorations in its custody and for delivery of the gifts and decorations to the physical custody of GSA. [48 FR 12089, Mar. 23, 1983, as amended at 53 FR 12767, Apr. 19, 1988] § 101-49.103 Information on availability for Federal utilization or donation. GSA will provide information on the availability of gifts and decorations, when reported to GSA, to Federal agencies and appropriate State agencies for surplus property. § 101-49.104 [Reserved] § 101-49.105 Appraisals. When a recipient indicates an interest in purchasing a gift, the employing agency shall obtain a commercial appraisal before reporting the gift to GSA. The gift is to be reported to GSA on Standard Form (SF), Report of Excess Personal Property, for utilization screening prior to sale to the recipient. The commercial appraisal may be either attached to the SF 120, or completed and furnished separately to GSA after utilization screening is completed. [53 FR 12767, Apr. 19, 1988] |