Federal Property Management Regulations; Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property, 15792-15797 [05-6101]

Download as PDF 15792 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules Dated: March 18, 2005. James Newsom, Acting Regional Administrator, Region III. [FR Doc. 05–6198 Filed 3–28–05; 8:45 am] without change to http:// www.acqnet.gov/far/ProposedRules/ proposed.htm, including any personal information provided. Dated: September 10, 2004. Becky Rhodes, Acting Associate Administrator, Office of Governmentwide Policy. BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, GS Building, Washington, DC, 20405, at (202) 208–7312 for information pertaining to status or publication schedules. For clarification of content, contact Robert A. Holcombe, Director, Personal Property Management Policy Division (MTP), at (202) 501–3828, or Internet e-mail at robert.holcombe@gsa.gov. Please cite FPMR case 2004–101–1. [Editorial note: This document was received at the Office of the Federal Register on March 23, 2005.] SUPPLEMENTARY INFORMATION: PART 101–48—UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND FORFEITED PERSONAL PROPERTY GENERAL SERVICES ADMINISTRATION 41 CFR Parts 101–48 and 102–41 [FPMR 2004–101–1] [FMR 2004–102–2] RIN 3090–AH11 Federal Property Management Regulations; Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Proposed rule. AGENCY: SUMMARY: The General Services Administration (GSA) is proposing to amend the Federal Property Management Regulations (FPMR) by revising coverage on utilization, donation, or disposal of abandoned and forfeited personal property and moving it into the Federal Management Regulation (FMR). A cross-reference is added to the FPMR to direct readers to the coverage in the FMR. The FMR coverage is written in plain language to provide agencies with updated regulatory material that is easy to read and understand. DATES: Interested parties should submit comments in writing on or before April 28, 2005, to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FPMR case 2004–101–1 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Agency Web Site: http:// www.acqnet.gov/far/ProposedRules/ proposed.htm. Click on the FPMR case number to submit comments. • E-mail: fpmrcase.2004–101– 1@gsa.gov. Include FPMR case 2004– 101–1 in the subject line of the message. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FPMR case 2004–101–1 in all correspondence related to this case. All comments received will be posted VerDate jul<14>2003 16:56 Mar 28, 2005 Jkt 205001 A. Background This proposed rule updates, streamlines, and clarifies FPMR part 101–48 and moves the part into the Federal Management Regulation (FMR). The proposed rule is written in a plain language question and answer format. This style uses an active voice, shorter sentences, and pronouns. A question and its answer combine to establish a rule. The employee and the agency must follow the language contained in both the question and its answer. B. Executive Order 12866 GSA has determined that this proposed rule is not a significant rule for the purposes of Executive Order 12866 of September 30, 1993. C. Regulatory Flexibility Act This proposed rule is not required to be published in the Federal Register for notice and comment; therefore the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., does not apply. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because this proposed rule does not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq. E. Small Business Regulatory Enforcement Fairness Act This proposed rule is exempt from Congressional review prescribed under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects in 41 CFR Parts 101–48 and 102–41 PO 00000 Government property management. Frm 00010 Fmt 4702 Sfmt 4702 For the reasons set forth in the preamble, GSA proposes to amend 41 CFR chapters 101 and 102 as follows: CHAPTER 101—FEDERAL PROPERTY MANAGEMENT REGULATIONS 1. Part 101–48 is revised to read as follows: Authority: 40 U.S.C. 121(c). § 101–48.000 Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102–1 through 102– 220). For information on the disposition of seized, forfeited, voluntarily abandoned, and unclaimed personal property, see FMR part 102–41 (41 CFR part 102–41). CHAPTER 102—FEDERAL MANAGEMENT REGULATION 2. Part 102–41 is added to subchapter B of chapter 102 to read as follows: PART 102–41—DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED, AND UNCLAIMED PERSONAL PROPERTY Sec. Subpart A—General Provisions 102–41.5 What does this part cover? 102–41.10 To whom do ‘‘we’’, ‘‘you’’, and their variants refer? 102–41.15 How do we request a deviation from these requirements and who can approve it? Definitions 102–41.20 part? What definitions apply to this Responsibility 102–41.25 Who retains custody and is responsible for the reporting, care, and handling of property covered by this part? 102–41.30 What is GSA’s role in the disposition of property covered by this part? 102–41.35 Do we report to GSA all seized personal property subject to judicial forfeiture as well as forfeited, voluntarily abandoned, or unclaimed personal property not retained for official use? E:\FR\FM\29MRP1.SGM 29MRP1 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules Subpart B—Seized or Forfeited Personal Property 102–41.40 How is personal property forfeited? 102–41.45 May we place seized personal property into official use before the forfeiture process is completed? 102–41.50 May we retain forfeited personal property for official use? 102–41.55 Where do we send the reports for seized or forfeited personal property? 102–41.60 Are there special requirements in reporting seized or forfeited personal property to GSA? 102–41.65 What happens to forfeited personal property that is transferred or retained for official use? 102–41.70 Are transfers of forfeited personal property reimbursable? 102–41.75 May we retain the proceeds from the sale of forfeited personal property? Subpart C—Voluntarily Abandoned Personal Property 102–41.80 When is personal property voluntarily abandoned? 102–41.85 May we retain voluntarily abandoned personal property for official use? 102–41.90 What happens to voluntarily abandoned personal property retained for official use? 102–41.95 Where do we send the reports for voluntarily abandoned personal property? 102–41.100 What information do we provide when reporting voluntarily abandoned personal property to GSA? 102–41.105 What happens to voluntarily abandoned personal property when reported to GSA? 102–41.110 Are transfers of voluntarily abandoned personal property reimbursable? 102–41.115 May we retain the proceeds from the sale of voluntarily abandoned personal property? Subpart D—Unclaimed Personal Property 102–41.120 How long must we hold unclaimed personal property before disposition? 102–41.125 May we retain unclaimed personal property for official use? 102–41.130 What must we do when we retain unclaimed personal property for official use? 102–41.135 How much reimbursement do we pay the former owner when he or she files a claim for unclaimed personal property that we no longer have? 102–41.140 When do we report to GSA unclaimed personal property not retained for official use? 102–41.145 Where do we send the reports for unclaimed personal property? 102–41.150 What special information do we provide on reports of unclaimed personal property? 102–41.155 Is unclaimed personal property available for transfer to another Federal agency? 102–41.160 May we retain the reimbursement from transfers of unclaimed personal property? 102–41.165 May we require reimbursement for the costs incurred in the transfer of unclaimed personal property? VerDate jul<14>2003 16:56 Mar 28, 2005 Jkt 205001 102–41.170 Is unclaimed personal property available for donation? 102–41.175 May we sell unclaimed personal property? 102–41.180 May we retain the proceeds from the sale of unclaimed personal property? Subpart E—Personal Property Requiring Special Handling 102–41.185 Are there certain types of forfeited, voluntarily abandoned, or unclaimed property that must be handled differently than other property addressed in this part? Firearms 102–41.190 May we retain forfeited, voluntarily abandoned, or unclaimed firearms for official use? 102–41.195 How do we dispose of forfeited, voluntarily abandoned, or unclaimed firearms not retained for official use? 102–41.200 Are there special disposal provisions for firearms that are seized and forfeited for a violation of the National Firearms Act? Forfeited Distilled Spirits, Wine, and Beer 102–41.205 Do we report all forfeited distilled spirits, wine, and beer to GSA for disposal? Drug Paraphernalia 102–41.210 What are some examples of drug paraphernalia? 102–41.215 Do we report to GSA all forfeited, voluntarily abandoned, or unclaimed drug paraphernalia not required for official use? 102–41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863 available for transfer to other Federal agencies or donation through a State agency for surplus property (SASP)? 102–41.225 Are there special provisions to reporting and transferring drug paraphernalia forfeited under 21 U.S.C. 863? 102–41.230 May SASPs pick up or store donated drug paraphernalia in their distribution centers? 102–41.235 May we sell forfeited drug paraphernalia? Authority: 40 U.S.C. 121(c). Subpart A—General Provisions § 102–41.5 What does this part cover? (a) This part covers the disposal of seized, forfeited, voluntarily abandoned, and unclaimed personal property under the custody of any Federal agency located in the United States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau. Disposition of such personal property located elsewhere must be in accordance with holding agency regulations. Additional guidance on disposition of seized, forfeited, voluntarily abandoned, and unclaimed personal property that requires special handling (e.g., firearms, hazardous PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 15793 materials) is contained in part 101–42 of this title. Additional guidance on the disposition of firearms (as scrap only), distilled spirits, wine, beer, and drug paraphernalia is provided in subpart E of this part. (b) These regulations do not include disposal of seized, forfeited, voluntarily abandoned, and unclaimed personal property covered under authorities outside of the following statutes: (1) 40 U.S.C. 552, Abandoned or Unclaimed Property on Government Premises; (2) 40 U.S.C. 1306, Disposition of Abandoned or Forfeited Property; (3) 26 U.S.C. 5688, Forfeited Distilled Spirits, Wines, and Beer; (4) 26 U.S.C. 5872, Forfeited Firearms; and (5) 21 U.S.C. 863, Drug Paraphernalia. § 102–41.10 To whom do ‘‘we’’, ‘‘you’’, and their variants refer? Use of pronouns ‘‘we’’, ‘‘you’’, and their variants throughout this part refer to the agency having custody of the personal property. § 102–41.15 How do we request a deviation from these requirements and who can approve it? See §§ 102–2.60 through 102–2.110 of this chapter to request a deviation from the requirements of this part. Definitions § 102–41.20 part? What definitions apply to this The following definitions apply to this part: Beer means an alcoholic beverage made from malted cereal grain, flavored with hops, and brewed by slow fermentation. Distilled spirits, as defined in the Federal Alcohol Administration Act (27 U.S.C. 211), means ethyl alcohol; hydrated oxide of ethyl; or spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. Drug paraphernalia means any equipment, product, or material primarily intended or designed for use in manufacturing, compounding, converting, concealing, processing, preparing, or introducing into the human body a controlled substance in violation of the Controlled Substances Act (see 21 U.S.C. 863). It includes items primarily for use in injecting, ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body. E:\FR\FM\29MRP1.SGM 29MRP1 15794 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules Eleemosynary institution means any nonprofit health or medical institution that is organized and operated for charitable purposes. Firearms means any weapon, silencer, or destructive device designed to, or readily convertible to, expel a projectile by the action of an explosive, as defined in the Internal Revenue Code (26 U.S.C. 5845). Excludes antique firearms as defined in 26 U.S.C. 5845(g). Forfeited property means personal property that the Government has acquired ownership of through a summary process or court order pursuant to any law of the United States. Seized property means personal property that has been confiscated by a Federal agency, and whose care and handling will be the responsibility of the agency until final ownership is determined by the judicial process. Unclaimed property means personal property unknowingly abandoned and found on premises owned or leased by the Government, i.e., ‘‘lost and found’’ property. Voluntarily abandoned property means personal property abandoned to any Federal agency in a way that immediately vests title to the property in the Government. There must be evidence that the property was intentionally and voluntarily abandoned. Wine means the fermented juice of a plant product, as defined in 27 U.S.C. 211. Responsibility § 102–41.25 Who retains custody and is responsible for the reporting, care, and handling of property covered by this part? You, the holding agency, normally retain physical custody of the property and are responsible for its care and handling pending final disposition. With the exception of property listed in § 102–41.35, you must report promptly to the General Services Administration forfeited, voluntarily abandoned, or unclaimed personal property not being retained for official use and seized property on which proceedings for forfeiture by court decree are being started or have begun. In general, the procedures for reporting such property parallel those for reporting excess personal property under part 102–36 of this subchapter B. § 102–41.30 What is GSA’s role in the disposition of property covered by this part? (a) Seized property subject to court proceedings for forfeiture. (1) If the seizing agency files a request for the property for its official use, the GSA VerDate jul<14>2003 16:56 Mar 28, 2005 Jkt 205001 regional office will apply to the court for an order to turn the property over to the agency should forfeiture be decreed. If no such request has been filed, GSA will determine whether retention of the property for Federal official use is in the Government’s best interest, and, if so, will apply to the court to order delivery of the property to— (i) Any other Federal agency that requests it; or (ii) The seizing agency to be retained for a reasonable time in case the property may later become necessary to any agency for official use. (2) In the event that the property is not ordered by competent authority to be forfeited to the United States, it may be returned to the claimant. (b) Forfeited, voluntarily abandoned, or unclaimed property. When forfeited, voluntarily abandoned, or unclaimed property is reported to GSA for disposal, GSA will direct its disposition by: (1) Transfer to another Federal agency; (2) Donation to an eligible recipient, if the property is not needed by a Federal agency and there are no requirements for reimbursement to satisfy the claims of owners, lien holders, or other lawful claimants; (3) Sale; or (4) Destruction. (g) Seized, forfeited, voluntarily abandoned, and unclaimed personal property subject to U.S. Customs and Border Protection laws and regulations; (h) Property seized in payment of or as security for debts arising under the internal revenue laws; (i) Lost, abandoned, or unclaimed personal property the Coast Guard or the military services are authorized to dispose of under 10 U.S.C. 2575; (j) Property of deceased veterans left on a Government facility subject to 38 U.S.C. 8501; (k) Controlled substances reportable to the Drug Enforcement Administration, Department of Justice, Washington, DC 20537; (l) Forfeited, condemned, or voluntarily abandoned tobacco, snuff, cigars, or cigarettes which, if offered for sale, will not bring a price equal to the internal revenue tax due and payable thereon; and which is subject to destruction or delivery without payment of any tax to any hospital maintained by the Federal Government for the use of present or former members of the military; and (m) Property determined appropriate for abandonment/destruction (see § 102–36.305 of this subchapter B). § 102–41.35 Do we report to GSA all seized personal property subject to judicial forfeiture as well as forfeited, voluntarily abandoned, or unclaimed personal property not retained for official use? § 102–41.40 forfeited? Yes, send GSA reports of excess (see § 102–36.125 of this subchapter B) for all seized personal property subject to judicial forfeiture as well as forfeited, voluntarily abandoned, or unclaimed personal property not required for official use, except the following, whose disposition is covered under other statutes and authorities: (a) Forfeited firearms or munitions of war seized by the Department of Commerce and transferred to the Department of Defense (DOD) pursuant to 22 U.S.C. 401; (b) Forfeited firearms directly transferable to DOD by law; (c) Seeds, plants, or misbranded packages seized by the Department of Agriculture; (d) Game animals and equipment (other than vessels, including cargo) seized by the Department of the Interior; (e) Files of papers and undeliverable mail in the custody of the United States Postal Service; (f) Articles in the custody of the Department of Commerce Patent and Trademark Office that are in violation of laws governing trademarks or patents; PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Subpart B—Seized or Forfeited Personal Property How is personal property Personal property that has been seized by a Federal agency may be forfeited through court decree (judicial forfeiture) or administratively forfeited if the agency has specific authority without going through the courts. § 102–41.45 May we place seized personal property into official use before the forfeiture process is completed? No, property under seizure and pending forfeiture cannot be placed into official use until a final determination is made to vest title in the Government. § 102–41.50 May we retain forfeited personal property for official use? Yes, you may retain for official use personal property forfeited to your agency, except for property you are required by law to sell. Retention of large sedans and limousines for official use is only authorized under the provisions of part 102–34 of this subchapter B. Except for the items noted in § 102–41.35, report to GSA all forfeited personal property not being retained for official use. § 102–41.55 Where do we send the reports for seized or forfeited personal property? (a) Except for the items noted in paragraph (b) of this section, report E:\FR\FM\29MRP1.SGM 29MRP1 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules seized or forfeited personal property not retained for official use to the General Services Administration, Property Management Branch (3FPD), Washington, DC 20407. (b) Report aircraft, firearms, and vessels to the regional GSA Property Management Branch office specified in § 102–36.125 of this subchapter B. § 102–41.75 May we retain the proceeds from the sale of forfeited personal property? § 102–41.105 What happens to voluntarily abandoned personal property when reported to GSA? No, you must deposit the sales proceeds in the U.S. Treasury as miscellaneous receipts, unless otherwise directed by court decree or specifically authorized by statute. Voluntarily abandoned personal property reported to GSA will be made available for transfer, donation, or sale in accordance with parts 102–36, 102– 37, and 102–38 of this subchapter B, respectively. You must follow the additional provisions of §§ 102–41.190 through 102–41.235 and part 101–42 of this title when disposing of firearms and other property requiring special handling. Subpart C—Voluntarily Abandoned Personal Property § 102–41.60 Are there special requirements in reporting seized or forfeited personal property to GSA? 15795 § 102–41.80 When is personal property voluntarily abandoned? Yes, in addition to the information required in § 102–36.235 of this subchapter B for reporting excess, you must indicate— (a) Whether the property— (1) Was forfeited in a judicial proceeding or administratively (without going through a court); (2) Is subject to pending court proceedings for forfeiture, and, if so, the name of the defendant, the place and judicial district of the court from which the decree will be issued, and whether you wish to retain the property for official use; (b) The report or case number under which the property is listed; and (c) The existence or probability of a lien, or other accrued or accruing charges, and the amount involved. Yes, you may retain for official use any voluntarily abandoned personal property, except for large sedans and limousines where retention for official use is only authorized under the provisions of part 102–34 of this subchapter B. § 102–41.65 What happens to forfeited personal property that is transferred or retained for official use? § 102–41.90 What happens to voluntarily abandoned personal property retained for official use? Subpart D—Unclaimed Personal Property Except for drug paraphernalia (see §§ 102–41.210 through 102–41.235), forfeited personal property retained for official use or transferred to another Federal agency under this subpart loses its identity as forfeited property. When no longer required for official use, you must report it to GSA as excess for disposal in accordance with part 102–36 of this subchapter B. You must follow the additional provisions of subpart E of this part and part 101–42 of this title when disposing of firearms, distilled spirits, wine, beer, and drug paraphernalia. Voluntarily abandoned personal property retained for official use or transferred to another Federal agency under this subpart loses its identity as voluntarily abandoned property. When no longer required for official use, you must report it to GSA as excess in accordance with part 102–36 of this subchapter B. § 102–41.120 How long must we hold unclaimed personal property before disposition? § 102–41.70 Are transfers of forfeited personal property reimbursable? Recipient agencies do not pay for the property. However, you may charge the recipient agency all costs you incurred in storing, packing, loading, preparing for shipment, and transporting the property. If there are commercial charges incident to forfeiture prior to the transfer, the recipient agency must pay these charges when billed by the commercial organization. Any payment due to lien holders or other lawful claimants under a judicial forfeiture must be made in accordance with provisions of the court decree. VerDate jul<14>2003 16:56 Mar 28, 2005 Jkt 205001 Personal property is voluntarily abandoned when the owner of the property intentionally and voluntarily gives up title to such property and title vests in the Government. The receiving agency ordinarily documents receipt of the property to evidence its voluntary relinquishment. § 102–41.85 May we retain voluntarily abandoned personal property for official use? § 102–41.95 Where do we send the reports for voluntarily abandoned personal property? Except for aircraft, firearms, and vessels, report voluntarily abandoned personal property to the regional GSA Property Management Branch office for the region in which the property is located. Report aircraft, firearms, and vessels to the regional GSA Property Management Branch office specified in § 102–36.125 of this subchapter B. § 102–41.100 What information do we provide when reporting voluntarily abandoned personal property to GSA? When reporting voluntarily abandoned personal property to GSA, you must provide a description and location of the property, and annotate that the property was voluntarily abandoned. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 § 102–41.110 Are transfers of voluntarily abandoned personal property reimbursable? No, all transfers of voluntarily abandoned personal property will be without reimbursement. However, you may charge the recipient agency all costs you incurred in storing, packing, loading, preparing for shipment, and transporting the property. § 102–41.115 May we retain the proceeds from the sale of voluntarily abandoned personal property? No, you must deposit the sales proceeds in the U.S. Treasury as miscellaneous receipts unless your agency has specific statutory authority to do otherwise. You must hold unclaimed personal property for 30 calendar days from the date it was found. Unless the previous owner files a claim, title to the property vests in the Government after 30 days, and you may retain or dispose of the property in accordance with this part. § 102–41.125 May we retain unclaimed personal property for official use? Yes, if you have held unclaimed personal property for 30 calendar days and the former owner has not filed a claim, title vests in the Government and you may retain the unclaimed property for official use. You may retain large sedans and limousines for official use only if such retention is authorized under part 102–34 of this subchapter B. § 102–41.130 What must we do when we retain unclaimed personal property for official use? (a) You must maintain records of unclaimed personal property retained for official use for 3 years after title vests in the Government to permit identification of the property should the former owner file a claim for the property. You must also deposit funds E:\FR\FM\29MRP1.SGM 29MRP1 15796 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules received from disposal of such property in a special account to cover any valid claim filed within this 3–year period. (b) When you no longer need the unclaimed property which you have placed in official use, report it as excess in the same manner as other excess property under part 102–36 of this subchapter B. § 102–41.135 How much reimbursement do we pay the former owner when he or she files a claim for unclaimed personal property that we no longer have? Reimbursement of the property to the former owner must not exceed any proceeds from the disposal of such property, less the costs of the Government’s care and handling of the property. § 102–41.140 When do we report to GSA unclaimed personal property not retained for official use? After you have held the property for 30 calendar days and no one has filed a claim for it, the title to the property vests in the Government. If you decide not to retain the property for official use, report it as excess to GSA in accordance with part 102–36 of this subchapter B. § 102–41.145 Where do we send the reports for unclaimed personal property? Except for the items noted in § 102– 36.125 of this subchapter B, report unclaimed personal property to the regional GSA Property Management Branch office for the region in which the property is located. § 102–41.150 What special information do we provide on reports of unclaimed personal property? On reports of unclaimed personal property, you must provide the report or case number assigned by your agency, property description and location, and indicate the property as unclaimed and the estimated fair market value. § 102–41.155 Is unclaimed personal property available for transfer to another Federal agency? Yes, unclaimed personal property is available for transfer to another Federal agency, but only after 30 calendar days from the date of finding such property and no claim has been filed by the former owner, and with fair market value reimbursement from the recipient agency. The transferred property then loses its identity as unclaimed property and becomes property of the Government, and when no longer needed it must be reported excess in accordance with part 102–36 of this subchapter B. VerDate jul<14>2003 16:56 Mar 28, 2005 Jkt 205001 § 102–41.160 May we retain the reimbursement from transfers of unclaimed personal property? No, you must deposit the reimbursement from transfers of unclaimed personal property in a special account for a period of 3 years pending a claim from the former owner. After 3 years, you must deposit these funds into miscellaneous receipts of the U.S. Treasury. § 102–41.165 May we require reimbursement for the costs incurred in the transfer of unclaimed personal property? Yes, you may require reimbursement from the recipient agency of any direct costs you incur in the transfer of the unclaimed property (e.g., storage, packing, preparation for shipping, loading, and transportation). § 102–41.170 Is unclaimed personal property available for donation? No, unclaimed personal property is not available for donation because reimbursement at fair market value is required. § 102–41.175 May we sell unclaimed personal property? Yes, you may sell unclaimed personal property after title vests in the Government (as provided for in § 102– 41.120) and when there is no Federal interest. You may sell unclaimed personal property subject to the same terms and conditions as applicable to surplus personal property and in accordance with part 102–38 of this subchapter B. Firearms § 102–41.190 May we retain forfeited, voluntarily abandoned, or unclaimed firearms for official use? Generally, no, you may retain forfeited, voluntarily abandoned, or unclaimed firearms only when you are statutorily authorized to use firearms for official purposes. § 102–41.195 How do we dispose of forfeited, voluntarily abandoned, or unclaimed firearms not retained for official use? Report forfeited, voluntarily abandoned, or unclaimed firearms not retained for official use to the General Services Administration, Property Management Branch (7FP–8), Denver, CO 80225–0506 for disposal in accordance with § 101–42.1102–10 of this title. § 102–41.200 Are there special disposal provisions for firearms that are seized and forfeited for a violation of the National Firearms Act? Yes, firearms seized and forfeited for a violation of the National Firearms Act (26 U.S.C. 5801–5872) are subject to the disposal provisions of 26 U.S.C. 5872(b). When there is no contrary judgment or action under such forfeiture, GSA will direct the disposition of the firearms. GSA may— (a) Authorize retention for official use by the Treasury Department; (b) Transfer to an executive agency for use by it; or (c) Order the firearms destroyed. § 102–41.180 May we retain the proceeds from the sale of unclaimed personal property? Forfeited Distilled Spirits, Wine, and Beer No, you must deposit proceeds from the sale of unclaimed personal property in a special account to be maintained for a period of 3 years pending a possible claim by the former owner. After the 3– year period, you must deposit the funds in the U.S. Treasury as miscellaneous receipts or in such other agency accounts when specifically provided by statute. § 102–41.205 Do we report all forfeited distilled spirits, wine, and beer to GSA for disposal? Subpart E—Personal Property Requiring Special Handling § 102–41.185 Are there certain types of forfeited, voluntarily abandoned, or unclaimed property that must be handled differently than other property addressed in this part? Yes, you must comply with the additional provisions in this subpart when disposing of the types of property listed here. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 (a) Yes, except do not report distilled spirits, wine, and beer not fit for human consumption or for medicinal, scientific, or mechanical purposes. When reporting, indicate quantities and kinds, proof rating, and condition for shipping. GSA (3FPD) may transfer such property to another Federal agency for official purposes, or donate it to eligible eleemosynary institutions for medicinal purposes only. (b) Forfeited distilled spirits, wine, and beer that are not retained for official use by the seizing agency or transferred or donated to eligible recipients by GSA must be destroyed. You must document the destruction with a record of the time and location, property description, and quantities destroyed. E:\FR\FM\29MRP1.SGM 29MRP1 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules Drug Paraphernalia § 102–41.210 What are some examples of drug paraphernalia? § 102–41.225 Are there special provisions to reporting and transferring drug paraphernalia forfeited under 21 U.S.C. 863? Some examples of drug paraphernalia are: (a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (b) Water pipes; (c) Carburetion tubes and devices; (d) Smoking and carburetion masks; (e) Roach clips (objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand); (f) Miniature spoons with level capacities of one-tenth cubic centimeter or less; (g) Chamber pipes; (h) Carburetor pipes; (i) Electric pipes; (j) Air-driven pipes; (k) Chillums; (l) Bongs; (m) Ice pipes or chillers; (n) Wired cigarette papers; or (o) Cocaine freebase kits. Yes, you must ensure that such drug paraphernalia does not lose its identity as forfeited property. Reports of excess and transfer documents for such drug paraphernalia must include the annotation that the property was seized and forfeited under 21 U.S.C. 863. § 102–41.215 Do we report to GSA all forfeited, voluntarily abandoned, or unclaimed drug paraphernalia not required for official use? [Docket No. OST–2005–20434] No, only report drug paraphernalia that has been seized and forfeited for a violation of 21 U.S.C. 863. Unless statutorily authorized to do otherwise, destroy all other forfeited, voluntarily abandoned, or unclaimed drug paraphernalia. You must ensure the destruction is performed in the presence of two witnesses (employees of your agency), and retain in your records a signed certification of destruction. § 102–41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863 available for transfer to other Federal agencies or donation through a State agency for surplus property (SASP)? Yes, but GSA will only transfer or donate forfeited drug paraphernalia for law enforcement or educational purposes and only for use by Federal, State, or local authorities. Federal or SASP requests for such items must be processed through the General Services Administration, Property Management Branch (3FPD), Washington, DC 20407. The recipient must certify on the transfer document that the drug paraphernalia will be used for law enforcement or educational purposes only. VerDate jul<14>2003 16:56 Mar 28, 2005 Jkt 205001 § 102–41.230 May SASPs pick up or store donated drug paraphernalia in their distribution centers? No, you must release donated drug paraphernalia directly to the donee as designated on the transfer document. § 102–41.235 May we sell forfeited drug paraphernalia? No, you must destroy any forfeited drug paraphernalia not needed for transfer or donation and document the destruction as specified in § 102–41.215. [FR Doc. 05–6101 Filed 3–28–05; 8:45 am] BILLING CODE 6820–14–S DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Subtitle A Negotiated Rulemaking Advisory Commiteee on Minimum Standards for Driver’s Licenses and Personal Identification Cards AGENCY: Office of the Secretary (OST), DOT. Notice of meetings of advisory committee. ACTION: SUMMARY: This document sets forth the schedule for the meetings of the Negotiated Rulemaking Advisory Committee on Minimum Standards for Driver’s Licenses and Personal Identification Cards. Pursuant to section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, the Office of the Secretary, DOT, is establishing a committee to develop, through negotiated rulemaking procedures, recommendations for minimum standards to tighten the security for driver’s licenses and personal identification cards issued by States, in order for these documents to be accepted for use by Federal agencies for any official purpose, including identification, a given time after the final rule goes into effect. The committee will consist of persons who represent the interests affected by the proposed rule, i.e., State offices that PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 15797 issue driver’s licenses or personal identification cards, elected State officials, the Departments of Transportation and Homeland Security, and other interested parties. DATES: Meetings of the committee will take place on the dates listed below under SUPPLEMENTARY INFORMATION. All meetings are open to the public. ADDRESSES: The committee’s meetings will take place at the locations listed below under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Office of the General Counsel, at (202) 366–9310 (bob.ashby@dot.gov), or Steve Wood, Assistant Chief Counsel for Vehicle Safety Standards and Harmonization, Office of the Chief Counsel, National Highway Traffic Safety Administration, (202) 366–2992 (steve.wood@nhtsa.dot,gov). Their mailing addresses are at the Department of Transportation, 400 7th Street, SW, Washington DC, 20590, rooms 10424 and 5219, respectively. SUPPLEMENTARY INFORMATION: On December 17, 2004, the President signed into law the Intelligence Reform and Terrorism Prevention Act of 2004. (Public Law 108–458). Title VII of that Act is known as the 9/11 Commission Implementation Act of 2004 (the 9/11 Act). Subtitle B of the 9/11 Act addresses terrorist travel and effective screening. Among other things, Subtitle B, section 7212, mandates the issuance of minimum standards for State-issued driver’s licenses and personal identification cards (Section 7212) that will be accepted by Federal agencies for official purposes. Section 7212 directs the Department of Transportation to issue rules with the assistance of a negotiated rulemaking advisory committee, composed of representatives of the Departments of Transportation and Homeland Security, State agencies that issue driver’s licenses, State elected officials, and other interested parties. To carry out this requirement, the Department recently published a notice of intent to form this advisory committee, consistent with the standards of the Federal Advisory Committee Act (FACA) and Negotiated Rulemaking Act (NRA). See 70 FR 8756, February 23, 2005. The comment period for this notice extends through March 25, 2005. During the comment period, the Department will file a charter for the committee with the General Services Administration, and the convener will begin contacting potential participants. E:\FR\FM\29MRP1.SGM 29MRP1

Agencies

[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Proposed Rules]
[Pages 15792-15797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6101]


=======================================================================
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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-48 and 102-41

[FPMR 2004-101-1]
[FMR 2004-102-2]
RIN 3090-AH11


Federal Property Management Regulations; Disposition of Seized, 
Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property

AGENCY:  Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION:  Proposed rule.

-----------------------------------------------------------------------

SUMMARY:  The General Services Administration (GSA) is proposing to 
amend the Federal Property Management Regulations (FPMR) by revising 
coverage on utilization, donation, or disposal of abandoned and 
forfeited personal property and moving it into the Federal Management 
Regulation (FMR). A cross-reference is added to the FPMR to direct 
readers to the coverage in the FMR. The FMR coverage is written in 
plain language to provide agencies with updated regulatory material 
that is easy to read and understand.

DATES:  Interested parties should submit comments in writing on or 
before April 28, 2005, to be considered in the formulation of a final 
rule.

ADDRESSES:  Submit comments identified by FPMR case 2004-101-1 by any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FPMR case number to submit comments.
     E-mail: fpmrcase.2004-101-1@gsa.gov. Include FPMR case 
2004-101-1 in the subject line of the message.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FPMR case 2004-
101-1 in all correspondence related to this case. All comments received 
will be posted without change to http://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT:  The Regulatory Secretariat, Room 
4035, GS Building, Washington, DC, 20405, at (202) 208-7312 for 
information pertaining to status or publication schedules. For 
clarification of content, contact Robert A. Holcombe, Director, 
Personal Property Management Policy Division (MTP), at (202) 501-3828, 
or Internet e-mail at robert.holcombe@gsa.gov. Please cite FPMR case 
2004-101-1.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule updates, streamlines, and clarifies FPMR part 
101-48 and moves the part into the Federal Management Regulation (FMR). 
The proposed rule is written in a plain language question and answer 
format. This style uses an active voice, shorter sentences, and 
pronouns. A question and its answer combine to establish a rule. The 
employee and the agency must follow the language contained in both the 
question and its answer.

B. Executive Order 12866

    GSA has determined that this proposed rule is not a significant 
rule for the purposes of Executive Order 12866 of September 30, 1993.

C. Regulatory Flexibility Act

    This proposed rule is not required to be published in the Federal 
Register for notice and comment; therefore the Regulatory Flexibility 
Act, 5 U.S.C. 601, et seq., does not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this proposed 
rule does not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public which require the approval of the 
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This proposed rule is exempt from Congressional review prescribed 
under 5 U.S.C. 801 since it relates solely to agency management and 
personnel.

List of Subjects in 41 CFR Parts 101-48 and 102-41

    Government property management.

    Dated: September 10, 2004.
Becky Rhodes,
Acting Associate Administrator, Office of Governmentwide Policy.

    [Editorial note: This document was received at the Office of the 
Federal Register on March 23, 2005.]
    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR chapters 101 and 102 as follows:

CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

    1. Part 101-48 is revised to read as follows:

PART 101-48--UTILIZATION, DONATION, OR DISPOSAL OF ABANDONED AND 
FORFEITED PERSONAL PROPERTY

    Authority:  40 U.S.C. 121(c).


Sec.  101-48.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on the disposition of seized, forfeited, 
voluntarily abandoned, and unclaimed personal property, see FMR part 
102-41 (41 CFR part 102-41).

CHAPTER 102--FEDERAL MANAGEMENT REGULATION

    2. Part 102-41 is added to subchapter B of chapter 102 to read as 
follows:

PART 102-41--DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY 
ABANDONED, AND UNCLAIMED PERSONAL PROPERTY

Sec.
Subpart A--General Provisions
102-41.5 What does this part cover?
102-41.10 To whom do ``we'', ``you'', and their variants refer?
102-41.15 How do we request a deviation from these requirements and 
who can approve it?

Definitions

102-41.20 What definitions apply to this part?

Responsibility

102-41.25 Who retains custody and is responsible for the reporting, 
care, and handling of property covered by this part?
102-41.30 What is GSA's role in the disposition of property covered 
by this part?
102-41.35 Do we report to GSA all seized personal property subject 
to judicial forfeiture as well as forfeited, voluntarily abandoned, 
or unclaimed personal property not retained for official use?

[[Page 15793]]

Subpart B--Seized or Forfeited Personal Property
102-41.40 How is personal property forfeited?
102-41.45 May we place seized personal property into official use 
before the forfeiture process is completed?
102-41.50 May we retain forfeited personal property for official 
use?
102-41.55 Where do we send the reports for seized or forfeited 
personal property?
102-41.60 Are there special requirements in reporting seized or 
forfeited personal property to GSA?
102-41.65 What happens to forfeited personal property that is 
transferred or retained for official use?
102-41.70 Are transfers of forfeited personal property reimbursable?
102-41.75 May we retain the proceeds from the sale of forfeited 
personal property?
Subpart C--Voluntarily Abandoned Personal Property
102-41.80 When is personal property voluntarily abandoned?
102-41.85 May we retain voluntarily abandoned personal property for 
official use?
102-41.90 What happens to voluntarily abandoned personal property 
retained for official use?
102-41.95 Where do we send the reports for voluntarily abandoned 
personal property?
102-41.100 What information do we provide when reporting voluntarily 
abandoned personal property to GSA?
102-41.105 What happens to voluntarily abandoned personal property 
when reported to GSA?
102-41.110 Are transfers of voluntarily abandoned personal property 
reimbursable?
102-41.115 May we retain the proceeds from the sale of voluntarily 
abandoned personal property?
Subpart D--Unclaimed Personal Property
102-41.120 How long must we hold unclaimed personal property before 
disposition?
102-41.125 May we retain unclaimed personal property for official 
use?
102-41.130 What must we do when we retain unclaimed personal 
property for official use?
102-41.135 How much reimbursement do we pay the former owner when he 
or she files a claim for unclaimed personal property that we no 
longer have?
102-41.140 When do we report to GSA unclaimed personal property not 
retained for official use?
102-41.145 Where do we send the reports for unclaimed personal 
property?
102-41.150 What special information do we provide on reports of 
unclaimed personal property?
102-41.155 Is unclaimed personal property available for transfer to 
another Federal agency?
102-41.160 May we retain the reimbursement from transfers of 
unclaimed personal property?
102-41.165 May we require reimbursement for the costs incurred in 
the transfer of unclaimed personal property?
102-41.170 Is unclaimed personal property available for donation?
102-41.175 May we sell unclaimed personal property?
102-41.180 May we retain the proceeds from the sale of unclaimed 
personal property?
Subpart E--Personal Property Requiring Special Handling
102-41.185 Are there certain types of forfeited, voluntarily 
abandoned, or unclaimed property that must be handled differently 
than other property addressed in this part?

Firearms

102-41.190 May we retain forfeited, voluntarily abandoned, or 
unclaimed firearms for official use?
102-41.195 How do we dispose of forfeited, voluntarily abandoned, or 
unclaimed firearms not retained for official use?
102-41.200 Are there special disposal provisions for firearms that 
are seized and forfeited for a violation of the National Firearms 
Act?

Forfeited Distilled Spirits, Wine, and Beer

102-41.205 Do we report all forfeited distilled spirits, wine, and 
beer to GSA for disposal?

Drug Paraphernalia

102-41.210 What are some examples of drug paraphernalia?
102-41.215 Do we report to GSA all forfeited, voluntarily abandoned, 
or unclaimed drug paraphernalia not required for official use?
102-41.220 Is drug paraphernalia forfeited under 21 U.S.C. 863 
available for transfer to other Federal agencies or donation through 
a State agency for surplus property (SASP)?
102-41.225 Are there special provisions to reporting and 
transferring drug paraphernalia forfeited under 21 U.S.C. 863?
102-41.230 May SASPs pick up or store donated drug paraphernalia in 
their distribution centers?
102-41.235 May we sell forfeited drug paraphernalia?

    Authority:  40 U.S.C. 121(c).

Subpart A--General Provisions


Sec.  102-41.5  What does this part cover?

    (a) This part covers the disposal of seized, forfeited, voluntarily 
abandoned, and unclaimed personal property under the custody of any 
Federal agency located in the United States, the U.S. Virgin Islands, 
American Samoa, Guam, the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, the Federated States of Micronesia, the Marshall 
Islands, and Palau. Disposition of such personal property located 
elsewhere must be in accordance with holding agency regulations. 
Additional guidance on disposition of seized, forfeited, voluntarily 
abandoned, and unclaimed personal property that requires special 
handling (e.g., firearms, hazardous materials) is contained in part 
101-42 of this title. Additional guidance on the disposition of 
firearms (as scrap only), distilled spirits, wine, beer, and drug 
paraphernalia is provided in subpart E of this part.
    (b) These regulations do not include disposal of seized, forfeited, 
voluntarily abandoned, and unclaimed personal property covered under 
authorities outside of the following statutes:
    (1) 40 U.S.C. 552, Abandoned or Unclaimed Property on Government 
Premises;
    (2) 40 U.S.C. 1306, Disposition of Abandoned or Forfeited Property;
    (3) 26 U.S.C. 5688, Forfeited Distilled Spirits, Wines, and Beer;
    (4) 26 U.S.C. 5872, Forfeited Firearms; and
    (5) 21 U.S.C. 863, Drug Paraphernalia.


Sec.  102-41.10  To whom do ``we'', ``you'', and their variants refer?

    Use of pronouns ``we'', ``you'', and their variants throughout this 
part refer to the agency having custody of the personal property.


Sec.  102-41.15  How do we request a deviation from these requirements 
and who can approve it?

    See Sec. Sec.  102-2.60 through 102-2.110 of this chapter to 
request a deviation from the requirements of this part.

Definitions


Sec.  102-41.20  What definitions apply to this part?

    The following definitions apply to this part:
    Beer means an alcoholic beverage made from malted cereal grain, 
flavored with hops, and brewed by slow fermentation.
    Distilled spirits, as defined in the Federal Alcohol Administration 
Act (27 U.S.C. 211), means ethyl alcohol; hydrated oxide of ethyl; or 
spirits of wine, whiskey, rum, brandy, gin, and other distilled 
spirits, including all dilutions and mixtures thereof, for non-
industrial use.
    Drug paraphernalia means any equipment, product, or material 
primarily intended or designed for use in manufacturing, compounding, 
converting, concealing, processing, preparing, or introducing into the 
human body a controlled substance in violation of the Controlled 
Substances Act (see 21 U.S.C. 863). It includes items primarily for use 
in injecting, ingesting, inhaling, or otherwise introducing marijuana, 
cocaine, hashish, hashish oil, PCP, or amphetamines into the human 
body.

[[Page 15794]]

    Eleemosynary institution means any nonprofit health or medical 
institution that is organized and operated for charitable purposes.
    Firearms means any weapon, silencer, or destructive device designed 
to, or readily convertible to, expel a projectile by the action of an 
explosive, as defined in the Internal Revenue Code (26 U.S.C. 5845). 
Excludes antique firearms as defined in 26 U.S.C. 5845(g).
    Forfeited property means personal property that the Government has 
acquired ownership of through a summary process or court order pursuant 
to any law of the United States.
    Seized property means personal property that has been confiscated 
by a Federal agency, and whose care and handling will be the 
responsibility of the agency until final ownership is determined by the 
judicial process.
    Unclaimed property means personal property unknowingly abandoned 
and found on premises owned or leased by the Government, i.e., ``lost 
and found'' property.
    Voluntarily abandoned property means personal property abandoned to 
any Federal agency in a way that immediately vests title to the 
property in the Government. There must be evidence that the property 
was intentionally and voluntarily abandoned.
    Wine means the fermented juice of a plant product, as defined in 27 
U.S.C. 211.

Responsibility


Sec.  102-41.25  Who retains custody and is responsible for the 
reporting, care, and handling of property covered by this part?

    You, the holding agency, normally retain physical custody of the 
property and are responsible for its care and handling pending final 
disposition. With the exception of property listed in Sec.  102-41.35, 
you must report promptly to the General Services Administration 
forfeited, voluntarily abandoned, or unclaimed personal property not 
being retained for official use and seized property on which 
proceedings for forfeiture by court decree are being started or have 
begun. In general, the procedures for reporting such property parallel 
those for reporting excess personal property under part 102-36 of this 
subchapter B.


Sec.  102-41.30  What is GSA's role in the disposition of property 
covered by this part?

    (a) Seized property subject to court proceedings for forfeiture. 
(1) If the seizing agency files a request for the property for its 
official use, the GSA regional office will apply to the court for an 
order to turn the property over to the agency should forfeiture be 
decreed. If no such request has been filed, GSA will determine whether 
retention of the property for Federal official use is in the 
Government's best interest, and, if so, will apply to the court to 
order delivery of the property to--
    (i) Any other Federal agency that requests it; or
    (ii) The seizing agency to be retained for a reasonable time in 
case the property may later become necessary to any agency for official 
use.
    (2) In the event that the property is not ordered by competent 
authority to be forfeited to the United States, it may be returned to 
the claimant.
    (b) Forfeited, voluntarily abandoned, or unclaimed property. When 
forfeited, voluntarily abandoned, or unclaimed property is reported to 
GSA for disposal, GSA will direct its disposition by:
    (1) Transfer to another Federal agency;
    (2) Donation to an eligible recipient, if the property is not 
needed by a Federal agency and there are no requirements for 
reimbursement to satisfy the claims of owners, lien holders, or other 
lawful claimants;
    (3) Sale; or
    (4) Destruction.


Sec.  102-41.35  Do we report to GSA all seized personal property 
subject to judicial forfeiture as well as forfeited, voluntarily 
abandoned, or unclaimed personal property not retained for official 
use?

    Yes, send GSA reports of excess (see Sec.  102-36.125 of this 
subchapter B) for all seized personal property subject to judicial 
forfeiture as well as forfeited, voluntarily abandoned, or unclaimed 
personal property not required for official use, except the following, 
whose disposition is covered under other statutes and authorities:
    (a) Forfeited firearms or munitions of war seized by the Department 
of Commerce and transferred to the Department of Defense (DOD) pursuant 
to 22 U.S.C. 401;
    (b) Forfeited firearms directly transferable to DOD by law;
    (c) Seeds, plants, or misbranded packages seized by the Department 
of Agriculture;
    (d) Game animals and equipment (other than vessels, including 
cargo) seized by the Department of the Interior;
    (e) Files of papers and undeliverable mail in the custody of the 
United States Postal Service;
    (f) Articles in the custody of the Department of Commerce Patent 
and Trademark Office that are in violation of laws governing trademarks 
or patents;
    (g) Seized, forfeited, voluntarily abandoned, and unclaimed 
personal property subject to U.S. Customs and Border Protection laws 
and regulations;
    (h) Property seized in payment of or as security for debts arising 
under the internal revenue laws;
    (i) Lost, abandoned, or unclaimed personal property the Coast Guard 
or the military services are authorized to dispose of under 10 U.S.C. 
2575;
    (j) Property of deceased veterans left on a Government facility 
subject to 38 U.S.C. 8501;
    (k) Controlled substances reportable to the Drug Enforcement 
Administration, Department of Justice, Washington, DC 20537;
    (l) Forfeited, condemned, or voluntarily abandoned tobacco, snuff, 
cigars, or cigarettes which, if offered for sale, will not bring a 
price equal to the internal revenue tax due and payable thereon; and 
which is subject to destruction or delivery without payment of any tax 
to any hospital maintained by the Federal Government for the use of 
present or former members of the military; and
    (m) Property determined appropriate for abandonment/destruction 
(see Sec.  102-36.305 of this subchapter B).

Subpart B--Seized or Forfeited Personal Property


Sec.  102-41.40  How is personal property forfeited?

    Personal property that has been seized by a Federal agency may be 
forfeited through court decree (judicial forfeiture) or 
administratively forfeited if the agency has specific authority without 
going through the courts.


Sec.  102-41.45  May we place seized personal property into official 
use before the forfeiture process is completed?

    No, property under seizure and pending forfeiture cannot be placed 
into official use until a final determination is made to vest title in 
the Government.


Sec.  102-41.50  May we retain forfeited personal property for official 
use?

    Yes, you may retain for official use personal property forfeited to 
your agency, except for property you are required by law to sell. 
Retention of large sedans and limousines for official use is only 
authorized under the provisions of part 102-34 of this subchapter B. 
Except for the items noted in Sec.  102-41.35, report to GSA all 
forfeited personal property not being retained for official use.


Sec.  102-41.55  Where do we send the reports for seized or forfeited 
personal property?

    (a) Except for the items noted in paragraph (b) of this section, 
report

[[Page 15795]]

seized or forfeited personal property not retained for official use to 
the General Services Administration, Property Management Branch (3FPD), 
Washington, DC 20407.
    (b) Report aircraft, firearms, and vessels to the regional GSA 
Property Management Branch office specified in Sec.  102-36.125 of this 
subchapter B.


Sec.  102-41.60  Are there special requirements in reporting seized or 
forfeited personal property to GSA?

    Yes, in addition to the information required in Sec.  102-36.235 of 
this subchapter B for reporting excess, you must indicate--
    (a) Whether the property--
    (1) Was forfeited in a judicial proceeding or administratively 
(without going through a court);
    (2) Is subject to pending court proceedings for forfeiture, and, if 
so, the name of the defendant, the place and judicial district of the 
court from which the decree will be issued, and whether you wish to 
retain the property for official use;
    (b) The report or case number under which the property is listed; 
and
    (c) The existence or probability of a lien, or other accrued or 
accruing charges, and the amount involved.


Sec.  102-41.65  What happens to forfeited personal property that is 
transferred or retained for official use?

    Except for drug paraphernalia (see Sec. Sec.  102-41.210 through 
102-41.235), forfeited personal property retained for official use or 
transferred to another Federal agency under this subpart loses its 
identity as forfeited property. When no longer required for official 
use, you must report it to GSA as excess for disposal in accordance 
with part 102-36 of this subchapter B. You must follow the additional 
provisions of subpart E of this part and part 101-42 of this title when 
disposing of firearms, distilled spirits, wine, beer, and drug 
paraphernalia.


Sec.  102-41.70  Are transfers of forfeited personal property 
reimbursable?

    Recipient agencies do not pay for the property. However, you may 
charge the recipient agency all costs you incurred in storing, packing, 
loading, preparing for shipment, and transporting the property. If 
there are commercial charges incident to forfeiture prior to the 
transfer, the recipient agency must pay these charges when billed by 
the commercial organization. Any payment due to lien holders or other 
lawful claimants under a judicial forfeiture must be made in accordance 
with provisions of the court decree.


Sec.  102-41.75  May we retain the proceeds from the sale of forfeited 
personal property?

    No, you must deposit the sales proceeds in the U.S. Treasury as 
miscellaneous receipts, unless otherwise directed by court decree or 
specifically authorized by statute.

Subpart C--Voluntarily Abandoned Personal Property


Sec.  102-41.80  When is personal property voluntarily abandoned?

    Personal property is voluntarily abandoned when the owner of the 
property intentionally and voluntarily gives up title to such property 
and title vests in the Government. The receiving agency ordinarily 
documents receipt of the property to evidence its voluntary 
relinquishment.


Sec.  102-41.85  May we retain voluntarily abandoned personal property 
for official use?

    Yes, you may retain for official use any voluntarily abandoned 
personal property, except for large sedans and limousines where 
retention for official use is only authorized under the provisions of 
part 102-34 of this subchapter B.


Sec.  102-41.90  What happens to voluntarily abandoned personal 
property retained for official use?

    Voluntarily abandoned personal property retained for official use 
or transferred to another Federal agency under this subpart loses its 
identity as voluntarily abandoned property. When no longer required for 
official use, you must report it to GSA as excess in accordance with 
part 102-36 of this subchapter B.


Sec.  102-41.95  Where do we send the reports for voluntarily abandoned 
personal property?

    Except for aircraft, firearms, and vessels, report voluntarily 
abandoned personal property to the regional GSA Property Management 
Branch office for the region in which the property is located. Report 
aircraft, firearms, and vessels to the regional GSA Property Management 
Branch office specified in Sec.  102-36.125 of this subchapter B.


Sec.  102-41.100  What information do we provide when reporting 
voluntarily abandoned personal property to GSA?

    When reporting voluntarily abandoned personal property to GSA, you 
must provide a description and location of the property, and annotate 
that the property was voluntarily abandoned.


Sec.  102-41.105  What happens to voluntarily abandoned personal 
property when reported to GSA?

    Voluntarily abandoned personal property reported to GSA will be 
made available for transfer, donation, or sale in accordance with parts 
102-36, 102-37, and 102-38 of this subchapter B, respectively. You must 
follow the additional provisions of Sec. Sec.  102-41.190 through 102-
41.235 and part 101-42 of this title when disposing of firearms and 
other property requiring special handling.


Sec.  102-41.110  Are transfers of voluntarily abandoned personal 
property reimbursable?

    No, all transfers of voluntarily abandoned personal property will 
be without reimbursement. However, you may charge the recipient agency 
all costs you incurred in storing, packing, loading, preparing for 
shipment, and transporting the property.


Sec.  102-41.115  May we retain the proceeds from the sale of 
voluntarily abandoned personal property?

    No, you must deposit the sales proceeds in the U.S. Treasury as 
miscellaneous receipts unless your agency has specific statutory 
authority to do otherwise.

Subpart D--Unclaimed Personal Property


Sec.  102-41.120  How long must we hold unclaimed personal property 
before disposition?

    You must hold unclaimed personal property for 30 calendar days from 
the date it was found. Unless the previous owner files a claim, title 
to the property vests in the Government after 30 days, and you may 
retain or dispose of the property in accordance with this part.


Sec.  102-41.125  May we retain unclaimed personal property for 
official use?

    Yes, if you have held unclaimed personal property for 30 calendar 
days and the former owner has not filed a claim, title vests in the 
Government and you may retain the unclaimed property for official use. 
You may retain large sedans and limousines for official use only if 
such retention is authorized under part 102-34 of this subchapter B.


Sec.  102-41.130  What must we do when we retain unclaimed personal 
property for official use?

    (a) You must maintain records of unclaimed personal property 
retained for official use for 3 years after title vests in the 
Government to permit identification of the property should the former 
owner file a claim for the property. You must also deposit funds

[[Page 15796]]

received from disposal of such property in a special account to cover 
any valid claim filed within this 3-year period.
    (b) When you no longer need the unclaimed property which you have 
placed in official use, report it as excess in the same manner as other 
excess property under part 102-36 of this subchapter B.


Sec.  102-41.135  How much reimbursement do we pay the former owner 
when he or she files a claim for unclaimed personal property that we no 
longer have?

    Reimbursement of the property to the former owner must not exceed 
any proceeds from the disposal of such property, less the costs of the 
Government's care and handling of the property.


Sec.  102-41.140  When do we report to GSA unclaimed personal property 
not retained for official use?

    After you have held the property for 30 calendar days and no one 
has filed a claim for it, the title to the property vests in the 
Government. If you decide not to retain the property for official use, 
report it as excess to GSA in accordance with part 102-36 of this 
subchapter B.


Sec.  102-41.145  Where do we send the reports for unclaimed personal 
property?

    Except for the items noted in Sec.  102-36.125 of this subchapter 
B, report unclaimed personal property to the regional GSA Property 
Management Branch office for the region in which the property is 
located.


Sec.  102-41.150  What special information do we provide on reports of 
unclaimed personal property?

    On reports of unclaimed personal property, you must provide the 
report or case number assigned by your agency, property description and 
location, and indicate the property as unclaimed and the estimated fair 
market value.


Sec.  102-41.155  Is unclaimed personal property available for transfer 
to another Federal agency?

    Yes, unclaimed personal property is available for transfer to 
another Federal agency, but only after 30 calendar days from the date 
of finding such property and no claim has been filed by the former 
owner, and with fair market value reimbursement from the recipient 
agency. The transferred property then loses its identity as unclaimed 
property and becomes property of the Government, and when no longer 
needed it must be reported excess in accordance with part 102-36 of 
this subchapter B.


Sec.  102-41.160  May we retain the reimbursement from transfers of 
unclaimed personal property?

    No, you must deposit the reimbursement from transfers of unclaimed 
personal property in a special account for a period of 3 years pending 
a claim from the former owner. After 3 years, you must deposit these 
funds into miscellaneous receipts of the U.S. Treasury.


Sec.  102-41.165  May we require reimbursement for the costs incurred 
in the transfer of unclaimed personal property?

    Yes, you may require reimbursement from the recipient agency of any 
direct costs you incur in the transfer of the unclaimed property (e.g., 
storage, packing, preparation for shipping, loading, and 
transportation).


Sec.  102-41.170  Is unclaimed personal property available for 
donation?

    No, unclaimed personal property is not available for donation 
because reimbursement at fair market value is required.


Sec.  102-41.175  May we sell unclaimed personal property?

    Yes, you may sell unclaimed personal property after title vests in 
the Government (as provided for in Sec.  102-41.120) and when there is 
no Federal interest. You may sell unclaimed personal property subject 
to the same terms and conditions as applicable to surplus personal 
property and in accordance with part 102-38 of this subchapter B.


Sec.  102-41.180  May we retain the proceeds from the sale of unclaimed 
personal property?

    No, you must deposit proceeds from the sale of unclaimed personal 
property in a special account to be maintained for a period of 3 years 
pending a possible claim by the former owner. After the 3-year period, 
you must deposit the funds in the U.S. Treasury as miscellaneous 
receipts or in such other agency accounts when specifically provided by 
statute.

Subpart E--Personal Property Requiring Special Handling


Sec.  102-41.185  Are there certain types of forfeited, voluntarily 
abandoned, or unclaimed property that must be handled differently than 
other property addressed in this part?

    Yes, you must comply with the additional provisions in this subpart 
when disposing of the types of property listed here.

Firearms


Sec.  102-41.190  May we retain forfeited, voluntarily abandoned, or 
unclaimed firearms for official use?

    Generally, no, you may retain forfeited, voluntarily abandoned, or 
unclaimed firearms only when you are statutorily authorized to use 
firearms for official purposes.


Sec.  102-41.195  How do we dispose of forfeited, voluntarily 
abandoned, or unclaimed firearms not retained for official use?

    Report forfeited, voluntarily abandoned, or unclaimed firearms not 
retained for official use to the General Services Administration, 
Property Management Branch (7FP-8), Denver, CO 80225-0506 for disposal 
in accordance with Sec.  101-42.1102-10 of this title.


Sec.  102-41.200  Are there special disposal provisions for firearms 
that are seized and forfeited for a violation of the National Firearms 
Act?

    Yes, firearms seized and forfeited for a violation of the National 
Firearms Act (26 U.S.C. 5801-5872) are subject to the disposal 
provisions of 26 U.S.C. 5872(b). When there is no contrary judgment or 
action under such forfeiture, GSA will direct the disposition of the 
firearms. GSA may--
    (a) Authorize retention for official use by the Treasury 
Department;
    (b) Transfer to an executive agency for use by it; or
    (c) Order the firearms destroyed.

Forfeited Distilled Spirits, Wine, and Beer


Sec.  102-41.205  Do we report all forfeited distilled spirits, wine, 
and beer to GSA for disposal?

    (a) Yes, except do not report distilled spirits, wine, and beer not 
fit for human consumption or for medicinal, scientific, or mechanical 
purposes. When reporting, indicate quantities and kinds, proof rating, 
and condition for shipping. GSA (3FPD) may transfer such property to 
another Federal agency for official purposes, or donate it to eligible 
eleemosynary institutions for medicinal purposes only.
    (b) Forfeited distilled spirits, wine, and beer that are not 
retained for official use by the seizing agency or transferred or 
donated to eligible recipients by GSA must be destroyed. You must 
document the destruction with a record of the time and location, 
property description, and quantities destroyed.

[[Page 15797]]

Drug Paraphernalia


Sec.  102-41.210  What are some examples of drug paraphernalia?

    Some examples of drug paraphernalia are:
    (a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes 
with or without screens, permanent screens, hashish heads, or punctured 
metal bowls;
    (b) Water pipes;
    (c) Carburetion tubes and devices;
    (d) Smoking and carburetion masks;
    (e) Roach clips (objects used to hold burning material, such as a 
marijuana cigarette, that has become too small or too short to be held 
in the hand);
    (f) Miniature spoons with level capacities of one-tenth cubic 
centimeter or less;
    (g) Chamber pipes;
    (h) Carburetor pipes;
    (i) Electric pipes;
    (j) Air-driven pipes;
    (k) Chillums;
    (l) Bongs;
    (m) Ice pipes or chillers;
    (n) Wired cigarette papers; or
    (o) Cocaine freebase kits.


Sec.  102-41.215  Do we report to GSA all forfeited, voluntarily 
abandoned, or unclaimed drug paraphernalia not required for official 
use?

    No, only report drug paraphernalia that has been seized and 
forfeited for a violation of 21 U.S.C. 863. Unless statutorily 
authorized to do otherwise, destroy all other forfeited, voluntarily 
abandoned, or unclaimed drug paraphernalia. You must ensure the 
destruction is performed in the presence of two witnesses (employees of 
your agency), and retain in your records a signed certification of 
destruction.


Sec.  102-41.220  Is drug paraphernalia forfeited under 21 U.S.C. 863 
available for transfer to other Federal agencies or donation through a 
State agency for surplus property (SASP)?

    Yes, but GSA will only transfer or donate forfeited drug 
paraphernalia for law enforcement or educational purposes and only for 
use by Federal, State, or local authorities. Federal or SASP requests 
for such items must be processed through the General Services 
Administration, Property Management Branch (3FPD), Washington, DC 
20407. The recipient must certify on the transfer document that the 
drug paraphernalia will be used for law enforcement or educational 
purposes only.


Sec.  102-41.225  Are there special provisions to reporting and 
transferring drug paraphernalia forfeited under 21 U.S.C. 863?

    Yes, you must ensure that such drug paraphernalia does not lose its 
identity as forfeited property. Reports of excess and transfer 
documents for such drug paraphernalia must include the annotation that 
the property was seized and forfeited under 21 U.S.C. 863.


Sec.  102-41.230  May SASPs pick up or store donated drug paraphernalia 
in their distribution centers?

    No, you must release donated drug paraphernalia directly to the 
donee as designated on the transfer document.


Sec.  102-41.235  May we sell forfeited drug paraphernalia?

    No, you must destroy any forfeited drug paraphernalia not needed 
for transfer or donation and document the destruction as specified in 
Sec.  102-41.215.
[FR Doc. 05-6101 Filed 3-28-05; 8:45 am]
BILLING CODE 6820-14-S