[Federal Register: April 20, 2004 (Volume 69, Number 76)]
[Rules and Regulations]
[Page 21059-21061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap04-11]
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF
COLUMBIA
28 CFR Part 804
[CSOSA-0008-F ]
RIN 3225-AA06
Acceptance of Gifts
AGENCY: Court Services and Offender Supervision Agency for the District
of Columbia.
ACTION: Final rule.
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SUMMARY: The Court Services and Offender Supervision Agency for the
District of Columbia (CSOSA) is adopting regulations on the acceptance
or use of gifts by itself and by the District of Columbia Pretrial
Services Agency (PSA), an independent entity within CSOSA. In
accordance with specific statutory authority, CSOSA and PSA may accept
and use gifts in the form of in-kind contributions of space and
hospitality for the purpose of supporting offender and defendant
programs and of equipment and vocational training services to educate
and train offenders and defendants. These regulations delegate
authority to the Director of PSA with respect to gifts supporting
defendant programs and vocational training services, establish
procedures for the public to follow when offering a gift, establish
criteria for accepting and using gifts, and establish procedures for
audit and public inspection of records pertaining to the acceptance and
use of gifts. These regulations are intended to enhance CSOSA's and
PSA's ability to provide appropriate treatment and support services
that can assist defendants and offenders in reintegrating into the
community.
DATES: Effective Date: May 20, 2004.
ADDRESSES: Office of the General Counsel, CSOSA, Room 1253, 633 Indiana
Avenue, NW., Washington, DC 20004.
[[Page 21060]]
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Records Manager
(telephone: (202) 220-5359; e-mail: roy.nanovic@csosa.gov).
SUPPLEMENTARY INFORMATION: CSOSA is adopting regulations (28 CFR part
804) on the acceptance or use of gifts by itself and by PSA, an
independent entity within CSOSA.
Generally speaking, federal agencies are prohibited from accepting
or soliciting gifts, donations, contributions, and similar items from
the public. CSOSA's Director, however, has been granted specific
authority by Congress to accept and use gifts in the form of in-kind
contributions of space and hospitality to support offender and
defendant programs and to enable the Agency to provide vocational
training services to educate and train offenders and defendants
(District of Columbia Appropriations Act of 2002, Public Law 107-96,
115 Stat. 923, 931).
These implementing regulations delegate authority to the Director
of PSA with respect to gifts supporting defendant programs and
vocational training services. The regulations also establish procedures
for the public to follow when offering a gift, criteria for accepting
and using gifts, and procedures for audit and public inspection of
records pertaining to the acceptance and use of gifts. In establishing
such procedures, CSOSA seeks to ensure that Agency employees may
process requests for donations and remain in compliance with the
general federal prohibition on solicitation of gifts.
Matters of Regulatory Procedure
Administrative Procedure Act
A proposed rule on this subject was published in the Federal
Register on April 22, 2003 (68 FR 19771). The Agency received no
comment on this proposed rule. Accordingly, the Agency is adopting the
proposed rule as final without change.
Any interested person, however, who wishes to submit further
comments on the rule may do so by writing or e-mailing the agency at
the addresses given above in the ADDRESSES and FOR FURTHER INFORMATION
CONTACT captions. These comments will be considered but will not
necessarily receive a response in the Federal Register.
Executive Order 12866
This rule has been determined to be significant under Executive
Order 12866 and has been reviewed by the Office of Management and
Budget.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 13132, the
Director of CSOSA has determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Regulatory Flexibility Act
The Director of CSOSA, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule and by
approving it certifies that this rule will not have a significant
economic impact upon a substantial number of small entities. This rule
pertains to agency management, and its economic impact is limited to
the agency's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, the Director of CSOSA has
determined that no actions are necessary under the provisions of the
Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Plain Language Instructions
We want to make CSOSA's documents easy to read and understand. If
you have suggestions on how to improve the clarity of these
regulations, write, e-mail, or call Roy Nanovic at the address or
telephone number given above in the ADDRESSES and FOR FURTHER
INFORMATION CONTACT captions.
List of Subjects in 28 CFR Part 804
Authority delegations (Government agencies), Government property,
Probation and parole.
Paul A. Quander, Jr.,
Director.
0
Accordingly, we amend chapter VIII, Title 28 of the Code of Federal
Regulations by adding a new part 804 as set forth below.
PART 804--ACCEPTANCE OF GIFTS
Sec.
804.1 Purpose.
804.2 Delegation of authority.
804.3 Restrictions.
804.4 Submission and approval.
804.5 Audit and public inspection.
Authority: 5 U.S.C. 301; Public Law 107-96, 115 Stat. 923, 931.
Sec. 804.1 Purpose.
By statute, the Director of the Court Services and Offender
Supervision Agency (CSOSA or Agency) is authorized to accept and use
gifts in the form of in-kind contributions of space and hospitality to
support offender and defendant programs, and of equipment and
vocational training services to educate and train offenders and
defendants. The purpose of this part is to:
(a) Inform the public of the procedures to follow when offering a
gift;
(b) Establish criteria for accepting and using gifts;
(c) Establish procedures for audit and public inspection of records
pertaining to the acceptance and use of gifts; and
(d) Delegate gift acceptance authority to the Director of the
Pretrial Services Agency (PSA or Agency).
Sec. 804.2 Delegation of authority.
The Director of CSOSA hereby delegates to the Director of PSA the
authority to accept and use gifts in the form of in-kind contributions
of space and hospitality to support defendant programs, and of
equipment and vocational training services to educate and train
defendants in accordance with the requirements of this part. This
delegation of authority may not be further delegated.
Sec. 804.3 Restrictions.
(a) The Agency is not authorized to accept gifts of money, stock,
bonds, personal or real property, or devises or bequests of such items,
except as provided in this part.
(b) Agency employees may not solicit any type of gift to the
Agency.
[[Page 21061]]
Sec. 804.4 Submission and approval.
(a) Offender programs and equipment and vocational training
services. (1) Any person or organization wishing to donate as a gift
in-kind contributions of space or hospitality to support offender
programs, or equipment or vocational training services to educate and
train offenders may submit the following information in writing to the
Agency's Ethics Officer in the Office of the General Counsel:
(i) The name of the person or organization offering the gift;
(ii) A description of the gift;
(iii) The estimated value of the gift;
(iv) Any restrictions on the gift placed by the donor; and
(v) A signed statement that the gift is unsolicited.
(2) The Director, after consultation with the Agency's Ethics
Officer, shall determine whether to accept or reject the gift.
(3) CSOSA staff shall advise the person offering the gift of the
Agency's determination, including, if applicable, the reason for
rejection. Reasons for rejecting a gift include findings that:
(i) There is a conflict of interest in accepting the gift;
(ii) Acceptance of the gift is otherwise unlawful or would create
the appearance of impropriety;
(iii) Acceptance of the gift would obligate the Agency to an
unbudgeted expenditure of funds; or
(iv) Operation of the program, equipment, or vocational training
services would not be practicable.
(b) Defendant programs and equipment and vocational training
services. (1) Any person or organization wishing to donate as a gift
in-kind contributions of space or hospitality to support defendant
programs, or equipment or vocational training services to educate and
train defendants may submit the following information in writing to the
Agency's Ethics Officer in the Office of the General Counsel:
(i) The name of the person or organization offering the gift;
(ii) A description of the gift;
(iii) The estimated value of the gift;
(iv) Any restrictions on the gift placed by the donor; and
(v) A signed statement that the gift is unsolicited.
(2) The General Counsel shall forward the request to PSA's Director
with a recommendation whether to accept or reject the gift.
(3) PSA staff shall advise the person offering the gift of the
Agency's determination, including the reason for rejection. Reasons for
rejecting a gift include findings that:
(i) There is a conflict of interest in accepting the gift;
(ii) Acceptance of the gift is otherwise unlawful or would create
the appearance of impropriety;
(iii) Acceptance of the gift would obligate the Agency to an
unbudgeted expenditure of funds; or
(iv) Operation of the program, equipment, or vocational training
services would not be practicable.
Sec. 804.5 Audit and public inspection.
(a) Records regarding the acceptance and use of gifts shall be made
available for Federal Government audit.
(b) Public inspection of records regarding the acceptance and use
of gifts shall be afforded through Freedom of Information Act requests
(see 28 CFR part 802).
[FR Doc. 04-8915 Filed 4-19-04; 8:45 am]
BILLING CODE 3129-01-P