(b) Regulations of an employing agency may define "minimal value" for its employees to be less than the value provided under this section.

§ 101-49.001-6 Employing agency.

"Employing agency" means: (a) The Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in 5 U.S.C. 7342 (c)(2)(A), (e), and (g)(2)(B) shall be carried out by the Clerk of the House;

(b) The Select Committee on Ethics of the Senate, for Senators and employees of the Senate;

(c) The Administrative Office of the United States Courts, for judges and judicial branch employees; and

(d) The department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees.

Subpart 101-49.1-General Provisions

§ 101-49.101 Custody of gifts and decorations.

(a) GSA generally will not take physical possession of gifts or decorations governed by this part. Such gifts and decorations shall remain in the custody and be the responsibility of the employing agency.

(b) GSA will direct the disposition of gifts and decorations when reported to GSA by the employing agency by:

(1) Transfer to Federal agencies; (2) Donation for public display or reference purposes;

(3) Sale with the approval of the Secretary of State; or

(4) Destruction.

§ 101-49.102 Care and handling.

Each employing agency shall be responsible for and bear the cost of performing care and handling of gifts and decorations pending disposition and removal from their physical custody.

§ 101-49.103 Information on availability for Federal utilization or donation. GSA will provide information on the availability of gifts and decorations when reported to GSA to Federal agencies and appropriate State agencies for surplus property that request such information.

§ 101-49.104 Cooperation of employing agencies.

Employing agencies shall cooperate fully in the inspection of gifts and decorations in their custody and in providing assistance in pickup and shipment upon receipt of GSA-approved documentation.

§ 101-49.105 Appraisals.

Employing agencies will be required to appraise specific gifts and decorations when requested by GSA.

Subpart 101-49.2—Utilization of Foreign Gifts and Decorations

§ 101-49.200 Scope of subpart.

This Subpart 101-49.2 prescribes policies and procedures governing the utilization and transfer within the Federal Government of foreign gifts and decorations.

§ 101-49.201 Reporting.

§ 101-49.201-1 Gifts and decorations required to be reported.

(a) Except as provided in § 101.49.201-2, tangible gifts and decorations which are not retained for official use or returned to the donor shall be reported to GSA within 30 calendar days after deposit of the gift or decoration with the employing agency. Tangible gifts and decorations which have been retained for official use and have not been returned to the donor shall be reported to GSA within 30 calendar days after termination of the official use. Gifts and decorations shall be reported on Standard Form 120, Report of Excess Personal Property (see § 101-43.4901-120), to the General Services Administration (3FW), Washington, D.C. 20407. The Standard Form 120 shall be conspicuously marked "Foreign Gifts and/or Decora

tions" and include the following information:

(1) The name and position of the employee recipient;

(2) A full description of the gift or decoration;

(3) The identity, if known, of the foreign government and the name and position of the individual who presented the gift or decoration;

(4) The estimated value in the United States of the gift or decoration at the time of acceptance, or the appraised value, if known;

(5) The current location of the gift or decoration;

(6) The name, address, and telephone number of the responsible accountable official in the employing agency; and

(7) An indication whether the employee recipient is interested in participating in the sale of the gift or decoration if it is sold by GSA.

(b) Gifts and decorations received by the President or a member of the President's family will be reported to the General Services Administration (NL), Washington, D.C. 20408, using Standard Form 120, completed as described in paragraph (a) of this section.

(c) The Central Intelligence Agency may delete the information required in paragraphs (a) (1) and (3) of this section if the Director of Central Intelligence certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources.

§ 101-49.201-2 Gifts and decorations not to be reported.

(a) The following gifts and decorations shall not be reported to GSA:

(1) Tangible gifts valued at $100 or less. (See § 101-49.205.)

(2) Decorations which are retained by the employee recipient with the approval of the employing agency.

(3) Gifts and decorations retained by the employing agency for official use, except upon termination of the official use.

(4) Gifts and decorations returned to the donor.

(5) Intangible gifts, such as checks, money orders, bonds, shares of stock, and other securities and negotiable instruments. (See § 101-49.206.)

(6) Cash, currency, and monies, except those with possible historic or numismatic values. (See § 101-49.206.)

(b) Gifts and decorations covered by paragraphs (a) (2), (3), and (4) of this section, will be handled in accordance with employing agency regulations.

§ 101-49.202 Transfers to other Federal agencies.

(a) Gifts and decorations will be made available for transfer for a period of 60 calendar days following receipt by GSA of the Standard Form 120 to activities specified in § 10143.315-1. Transfers will be made as deemed appropriate by GSA, generally on a first-come-first-served basis.

(b) Transfers will be accomplished by submitting for approval a Standard Form 122, Transfer Order Excess Personal Property (see § 101-43.4901-122), or any other transfer order form approved by GSA, to the General Services Administration (3FW), Washington, D.C. 20407. The Standard Form 122 or other transfer order form shall be conspicuously marked "Foreign Gifts and/or Decorations" and include all information furnished by the employing agency as specified in § 10149.201-1(a).

§ 101-49.205 Disposal of tangible gifts valued at $100 or less.

Tangible gifts valued at $100 or less shall be returned to the employee recipient or disposed of by the employing agency in accordance with § 10149.406.

§ 101-49.206 Deposit of intangible gifts and monies with the Department of the Treasury.

Intangible gifts and cash, currency, and monies not required to be reported to GSA shall be deposited with the Department of the Treasury by the employing agency in accordance with applicable laws and regulations.

Subpart 101-49.3-Donation of Foreign Gifts and Decorations

§ 101-49.300 Scope of subpart.

This Subpart 101-49.3 prescribes policies and procedures governing the donation of foreign gifts and decorations to public agencies and nonprofit educational and public health institutions and organizations for public display purposes and, in the case of books or manuscripts, for public display or reference purposes.

§ 101-49.301 Donation of gifts and decorations.

(a) Gifts and decorations for which there is no Federal requirement as determined by GSA will be made available at the discretion of GSA to appropriate public agencies and nonprofit educational and public health institutions and organizations for a period of 21 calendar days following the period of Federal utilization as provided in § 101-49.202(a).

(b) Donations of gifts and decorations will be made for public display purposes and, in the case of books or manuscripts, for public display or reference purposes. Donations will be made in accordance with Subpart 10144.2, except as otherwise provided in this Subpart 101-49.3.

§ 101-49.302 Requests by public agencies and nonprofit educational and public health institutions and organizations. Donations of gifts and decorations to public agencies and nonprofit educational and public health institutions and organizations will be accomplished by submitting for approval a Standard Form 123, Transfer Order Surplus Personal Property (see § 101-44.4901123), to the General Services Administration (3FW), Washington, D.C. 20407, through the State Agency. The Standard Form 123 shall be prepared and distributed in accordance with the instructions in § 101-44.4901-123-1 and shall be conspicuously marked "Foreign Gifts and/or Decorations."

§ 101-49.303 Allocation.

Allocation of gifts and decorations will be made by GSA on a fair and equitable basis for the maximum public benefit. Eligible donees may be required to support requests for gifts or decorations with written justification. The following will be considered by GSA in effecting allocation and transfer of gifts and decorations among the States:

(a) Requests submitted through a State agency for a specific gift or decoration when the donee requesting the item has an association or relationship to the employee recipient. Such a request may be further supported by a letter from the employee recipient;

(b) Significance of the gift or decoration to the requesting donee;

(c) Requests submitted through a State agency by public museums;

(d) Quantity and value of the gift or decoration;

(e) Prior receipt of similar items; and (f) Other criteria as deemed appropriate by GSA.

§ 101-49.304 Conditions of donation.

The State agency shall require the donee to agree, in writing, to the following special handling conditions and use limitations imposed by GSA on the donation of gifts or decorations:

(a) The donee, at its expense, shall be responsible for making arrangements for and removing the gift or decoration and for packing, handling, and reasonable insurance and trans

portation costs associated with the removal.

(b) The gift or decoration shall be used for public display purposes and, in the case of books or manuscripts, for public display or reference purposes at such times and in such manner as other similar items are displayed or used in the donee's exhibition or reference rooms. The gift or decoration shall not be used for the personal benefit of any individual.

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(c) The donee shall place the gift or decoration into use for public display or reference purposes within months following receipt and use the gift or decoration in accordance with this section for a period of restriction of 36 months after being placed in use. (d) The donee shall comply with all additional restrictions covering the handling and use of any gift or decoration imposed by GSA.

(e) To determine whether the donee is complying with the conditions of the donation, the donee shall allow the right of access to the premises at reasonable times for inspection of the gift or decoration by duly authorized representatives of GSA or the State

agency.

(f) The use of the gift or decoration shall be conducted in compliance with all the requirements imposed by GSA regulations (Subpart 101-6.2 and § 101.44-118) issued under the provisions of title VI of the Federal Property and Administrative Services Act of 1949, as amended, and section 504 of the Rehabilitation Act of 1973, as amended.

(g) During the period of restriction, the donee shall make no attempt to pledge, assign, lease, sell, dispose of, or transfer title to the gift or decoration, directly or indirectly, or do or allow anything to be done which would cause the gift or decoration to be seized, taken into execution, attached, stolen, damaged, or destroyed.

(h) In the event the donee no longer desires to use the gift or decoration for public display or reference purposes as provided in this section during the period of restriction prescribed in paragraph (c) of this section, the donee shall notify the General Services Administration (3FW),

Washington, D.C. 20407, through the State agency and, upon demand by GSA, title and right to possession of the gift or decoration shall revert to the U.S. Government. In such event, the donee shall comply with transfer or disposition instructions furnished by GSA through the State agency, with costs of transportation, handling, and reasonable insurance during transportation to be paid by the donee or the Government as directed by GSA.

(i) Upon the donee's failure to comply with any of the above conditions, GSA may demand return of the gift or decoration, and upon such demand, title and right to possession of the gift or decoration shall revert to the U.S. Government. In such event, the donee shall return the gift or decoration in accordance with instructions furnished by GSA, with costs of transportation, handling, and reasonable insurance during transportation to be paid by the donee or the Government as directed by GSA.

§ 101-49.305 Costs incident to donation.

Costs incurred incident to donation of gifts and decorations shall be handled in accordance with § 101-44.104.

§ 101-49.306 Withdrawal of donable gifts and decorations for Federal utilization. Gifts and decorations set aside or approved for donation may be withdrawn for Federal utilization in accordance with § 101-44.101.

§ 101-49.307 Donation of gifts and decorations withdrawn from sale.

Gifts and decorations which are being offered for sale may be withdrawn and approved for donation in accordance with § 101-44.107.

Subpart 101-49.4-Sale or Destruction of Foreign Gifts and Decorations

§ 101-49.400 Scope of subpart.

This Subpart 101-49.4 prescribes policies and procedures governing the disposal by sale or destruction of foreign gifts and decorations which GSA has determined are not needed for Federal utilization or donation.