plementation of the Federal Property Management Regulations (referred to herein as FPMR). It establishes the method of numbering, and provides the procedure for obtaining authority to deviate from regulations prescribed herein. § 103-1.101 HEW Property Management Regulations System.

(a) This subpart establishes the Department of Health, Education, and Welfare Property Management Regulations System, Chapter 103 of the Federal Property Management Regulations System. It states its relationship to the Federal Property Management Regulations (41 CFR Ch. 101), and provides instructions governing the property management operations of the Department of Health, Education, and Welfare (referred to herein as HEW). To effectively provide selective material to specialized groups from the wide range of subject matter covered by the FPMR, the HEWPMR System is divided into segments and published as HEW Manuals, e.g., Materiel Management, Telecommunications, Real Property Management, Facilities Planning and Construction.

(b) The effective date of FPMR throughout HEW will be the date indicated in the respective FPMR unless otherwise provided in the HEWPMR. HEWPMR will be effective on the date of the transmittal notice by which distributed unless otherwise indicated in the respective transmittal notice.

(c) The HEW Property Management Regulations shall include regulations deemed necessary for business concerns, and others, to be informed of basic and significant HEW property management policies and procedures which implement, supplement, or deviate from the FPMR.

§ 103-1.103 Temporary-type HEWPMR.

HEWPMR include a temporary-type, issued as Circulars, for use under circumstances similar to those specified in FPMR 101-1.103 (a) and (b). Conversion to permanent type HEWPMR shall be made as soon as possible, in most instances within 180 days.

§ 103-1.104 Publication of HEWPMR.

(a) The HEWPMR appear in the Code of Federal Regulations as Chapter 103 of Title 41, Public Contracts and Property Management, and are published in cumulative form.

(b) Policies and procedures which directly affect the public will be published in the FEDERAL REGISTER. However, related material, not affecting the public, may also be published in the FEDERAL REGISTER, when its inclusion will provide a logical comprehensive statement of HEW property management policies and procedures.

(c) HEWPMR will be issued in looseleaf form for use by employees of HEW. The material published in the FEDERAL REGISTER will be identified by a solid vertical line to the left of the text. The length of the line will coincide with the length of the text.

(d) All material for issuance at the Department level is published by the Office of General Services, OS-OASA. Original approved and signed manuscripts are filed with that Office.

§ 103-1.105 Authority for HEWPMR.

HEWPMR are to establish uniform policies and procedures in the Department within the area of property management. They are prescribed by the Assistant Secretary for Administration, under authority of 5 U.S.C. 301 and section 205(c), Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(c)), delegated by the Secretary.

§ 103-1.106 Applicability of HEWPMR. FPMR and HEWPMR apply to all HEW activities unless otherwise specified, or unless a deviation is approved as provided in § 103-1.110.

§ 103-1.109 Numbering of HEWPMR.

(a) HEW has been assigned Chapter 103 for use in publishing its implementing and supplementing regulations. These regulations shall be numbered as provided in FPMR 101-1.109(b). Implementary material is that which expands upon related Federal Property Management Regulation material. Supplementary material is that for which there is no counterpart in the FPMR. Illustration § 103-1.9901 identifies the numbering of supplementing parts assigned to each subchapter. Where material in the FPMR requires no implementation, there is no corresponding number in the HEWPMR. Thus, there are gaps in the HEWPMR sequence of numbers where the FPMR, as written, are applicable to HEW property management functions.

(b) Material issued by operating agencies and staff offices of HEW to comple

The organizations listed above shall, under the prefixes assigned, publish detailed operating instructions as deemed necessary. However, under no circumstances shall any organization's implementation or supplementation of the FPMR or HEWPMR conflict, supersede, or duplicate policies or procedures prescribed by these regulatory issuances. Material so issued shall follow the numbering system, format, and arrangement of the FPMR and HEWPMR, and will be applicable only within the organization issuing the publication. Such material shall not be published routinely in the FEDERAL REGISTER. Requests for approval to publish material in the FEDERAL REGISTER shall be submitted to the Office of General Services, OS-OASA, when publication is deemed appropriate.

[35 F.R. 13645, Aug. 27, 1970, as amended at 35 F.R. 19250, Dec. 19, 1970]

§ 103-1.110 Deviation.

(a) FPMR. Requests for deviations from the provisions of FPMR shall be forwarded, through administrative channels, to the Office of General Services, OS-OASA, for consideration. Approved requests shall be forwarded to the General Services Administration for appropriate action. Requests for deviations shall set forth clearly the nature of the required deviations and the circumstances warranting them.

(a) Certain HEW property management policies and procedures which come within the scope of this Chapter 103 nevertheless may be excluded therefrom when justified. These exclusions may include the following categories:

(1) Policies or procedures which are instituted on an experimental basis, or which are expected to be effective for a period of less than 6 months.

(2) Policies and procedures pertaining to other functions of HEW as well as to property management functions, where there is need to make the issuance available simultaneously to all HEW employees concerned.

(3) Speed of issuance is essential, numerous changes are required in Chapter 103, and all necessary changes cannot be made promptly.

(4) Issuance having extensive and detailed information such as manual guides.

(b) Property management procedures and instructions issued under paragraph (a) (2) and (3) of this section will be published in Chapter 103 at the earliest practicable date.

§ 103-1.152 Citation.

The HEWPMR will be cited in the same manner as the FPMR are cited. Thus this section, in referring to divisions of the FPMR system should be cited as "Section 103-1.152 of Chapter 103." When the official Code of Federal Regulations citation is used, this section should be cited as "41 CFR 103-1.152." Any citation of the FPMR and the HEWPMR may be identified informally, for purpose of brevity, as "FPMR" or "HEWPMR" respectively, followed by the section number, such as "FPMR 101-1.101" or "HEWPMR 103-1.152." Subpart 103-1.50-Authorities and Responsibilities

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.

"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 (capitalize, 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.

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 Service, 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.

(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: