Review of Federal Property Policies

Bob Holcombe

Hot Topics

• Disposal of electronics (“eWaste”)• Foreign Gift Minimal Value• Data and Reporting• New Legislation; including Donations

to Veterans• On-going: Regulations and Guidance• Development of Voluntary Consensus

Standards (eg ISO and ASTM)

Overview

• The Federal Government owns personal property valued at approximately $1.4 Trillion.

• The GSA has authority to issue policy for the acquisition of assets, and the disposal of assets. The agencies are responsible for the management of their assets that are “in use”, except for aircraft and fleet assets, where GSA has expanded policy authorities.

GSA’s Role in Federal Asset Management Policy

Guidance, Standards, and Best Practices

Agency Policy

GSA Regulations and Policy

Federal Law (40 USC)

U.S. Constitution

Federal Asset Management Environment

• The Federal Government owns personal property assets valued over $1.5 Trillion. (FY 2013 Financial Report of the U.S.)

• Policies and Best Practices – GSA OGP.

• Operations – GSA FAS.

Federal Asset Management Environment

• Personal Property covers all property, except land and buildings (real property), Federal records, and large naval vessels

• Policies encourage use within the acquiring agency, other federal agencies and public bodies before being sold.

• Some agencies have unique laws.

The ”Normal” Asset Life Cycle

In-Use

Sale

Donation SalesExcess

Reassigned within

the Agency

Disposal at any stage: Non-federal transfers; Abandoned/Destroyed; and Lost

Exchange/Sale

Stage of Asset Life Cycle:

Donated

Transferred to other

agencies

Acquisition

Selected Disposal Methods:

Constitutional Origins

• Article 4, Section 3

• The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States…;

Constitutional Origins

• Article 1, Section 9

• No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Congress Implements (40 U.S.C.) (Recodified under Public Law 107-217)

Sec. 121. Administrative…c) REGULATIONS BY ADMINISTRATOR-

(1) GENERAL AUTHORITY- The Administrator may prescribe regulations to carry out this subtitle.

Congress Implements (40 U.S.C.) (Recodified under Public Law 107-217)

Sec. 121. Administrative…c) (2) REQUIRED REGULATIONS AND ORDERS- The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrator's functions under this subtitle and the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the regulations.

Congress Implements (40 U.S.C.) (Recodified under Public Law 107-217)

Sec. 524. Duties of executive agencies (continued)

(a) REQUIRED- Each executive agency shall-- . . . (4) perform the care and handling of excess property; and (5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator.

Congress Implements (40 U.S.C.) (Recodified under Public Law 107-217)

Sec. 524. Duties of executive agencies… (b) REQUIRED AS FAR AS PRACTICABLE- Each executive agency, as far as practicable, shall-- (1) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase;

Congress Implements (40 U.S.C.) (Recodified under Public Law 107-217)

Sec. 524. Duties of executive agencies… (b) REQUIRED AS FAR AS PRACTICABLE- Each executive agency, as far as practicable, shall— (continued)

… (2) transfer excess property under its control to other federal agencies and to organizations specified in section 321(c)(2) of this title; and (3) obtain excess property from other federal agencies.

Examples of Collaborative Policy

• Firearms – Policy in coordination with Department of Justice and other agencies.

• Hazardous materials and waste – Policy in collaboration with the Environmental Protection Agency and the White House.

• Demilitarized assets – Property no longer needed for military purposes must be rendered safe. DoD policy is key.

• Foreign gifts – Policies address appropriate acceptance and retention of gifts from foreign governments; developed in conjunction with State.

Federal Regulations

Topic Where it can be foundGeneral FMR 102-35Utilization FMR 102-36Donation FMR 102-37Sale FMR 102-38 Exchange/sale FMR 102-39Hazardous FPMR 101-42 (FMR 102-40 Pending)Abandoned/forfeited FMR 102-41Foreign Gifts FMR 102-42 Supply/Procurement Subchapter E (FPMR)

GSA Bulletins (guidance)

Topic Where it can be found

Print Management Bulletin B-37Disposal of Electronic Equipment Bulletin B-34Annual Reports Bulletin B-27Accountability/Stewardship Bulletin B-26Property Obtained w/ Charge Card Bulletin B-25Use of Voluntary Consensus Bulletin B-18 StandardsUse of Exchange/Sale Bulletin B-13

Other PoliciesNational Strategy for Electronics Stewardship

Other PoliciesOMB Memo M-13-02 – Strategic Sourcing

Other PoliciesOMB Memo M-13-02 – Strategic Sourcing

III. Additional Responsibilities of the General Services Administration

In addition to its responsibilities under sections I and II, above, the Administrator of General Services shall also: * * * • as needed, promulgate requirements, regulations, and best practices for acquiring, using, and, where applicable, disposing of the commodities managed through strategic sourcing initiatives.

Other PoliciesFMR Bulletin B-37 – Print Management

Questions?

Bob Holcomberobert.holcombe@gsa.gov(202) 501-3828www.gsa.gov/

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