1. Please use the following two slides as a template for your presentation at NES. Overview of Federal Laws and Regulations Bob Holcombe, CPPM, CF Director, Personal Property Policy Division Office of Government-wide Policy; GSA

2. 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

3. Federal Asset Management Environment The Federal Government owns personal property assets valued over $1.4 Trillion. (FY 2011 Financial Statements) Policies and Best Practices – GSA OGP. Operations – GSA FAS.

4. Personal Property 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.

5. 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:

6. 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…;

7. 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.

8. 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.

9. 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.

10. CONGRESS IMPLEMENTS (40 U.S.C.) (Recodified under Public Law 107-217) Sec. 524. Duties of executive agencies (a) REQUIRED- Each executive agency shall-- (1) maintain adequate inventory controls and accountability systems for property under its control; (2) continuously survey property under its control to identify excess property; (3) promptly report excess property to the Administrator of General Services;

11. 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.

12. 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;

13. 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.

14. Personal Property Disposal Considerations 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. Foreign gifts – Policies address appropriate acceptance and retention of gifts from foreign governments.

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

16. FMR Bulletins Topic Where it can be found Disposal of Electronic Equipment Bulletin B-34 Annual Reports Bulletin B-27 Accountability/Stewardship Bulletin B-26 Property Obtained w/ Charge Card Bulletin B-25 Use of Voluntary Consensus Bulletin B-18 Standards Use of Photographs in Disposal Bulletin B-14 Use of Exchange/Sale Bulletin B-13

17. Electronic Stewardship 10,000 Computers a WEEK!

18. Problem: Threat to Humans and Environment

19. Problem: Data Security http://www.pbs.org/frontlineworld/stories/ghana804/video/video_index.html

21. Implementation of National Strategy FMR Bulletin issued February 29, 2012. –Electronic version at www.gsa.gov/ewaste. FMR Regulation 102-36 drafted and GSA is obtaining comments. –We expect to have the regulation published by the end of the FY. –Major points are new policies and new reporting requirements.

22. FMR Bulletin B-34 Introduces the term “Federal Electronic Asset” (FEA); defines covered categories. Encourages reuse within Federal government. Facilitates donations to state and local entities. Allows for sale of FUNCTIONAL electronics. Prohibits bulk sales of non-functional FEA

23. FMR Bulletin B-34 (continued) Requires ultimate disposal to certified recyclers/ refurbishers. Prohibits landfilling and incineration. Encourages downstream recipients to dispose of FEA in a responsible manner. Changes the reporting requirements, deadlines, and dissemination of data.

24. Changes to Reporting Data collected via automated reporting tool for annual reports (non-federal recipients). Pushing the envelope to have reports submitted by October 15 of each year. Reports are much more granular to determine disposition. Data to be published on data.gov for transparency.

25. Questions? Bob Holcombe robert.holcombe@gsa.gov (202) 501-3828 www.gsa.gov/personalpropertypolicy