[Title 22 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 1997 Edition]
[From the U.S. Government Printing Office]


          22



          Foreign Relations



[[Page i]]

          PART 300 TO END

          Revised as of April 1, 1997
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF APRIL 1, 1997
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................     vii

  Title 22:

    Chapter III--Peace Corps..................................       3
    Chapter IV--International Joint Commission, United States 
        and Canada............................................      95
    Chapter V--United States Information Agency...............     105
    Chapter VI--United States Arms Control and Disarmament 
        Agency................................................     305
    Chapter VII--Overseas Private Investment Corporation, 
        International Development Cooperation Agency..........     357
    Chapter IX--Foreign Service Grievance Board Regulations...     395
    Chapter X--Inter-American Foundation......................     409
    Chapter XI--International Boundary and Water Commission, 
        United States and Mexico, United States Section.......     451
    Chapter XII--United States International Development 
        Cooperation Agency....................................     497
    Chapter XIII--Board for International Broadcasting........     515
    Chapter XIV--Foreign Service Labor Relations Board; 
        Federal Labor Relations Authority; General Counsel of 
        the Federal Labor Relations Authority; and the Foreign 
        Service Impasse Disputes Panel........................     535
    Chapter XV--African Development Foundation................     589
    Chapter XVI--Japan-United States Friendship Commission....     631

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    Chapter XVII--United States Institute of Peace............     639
  Finding Aids:
    Table of CFR Titles and Chapters..........................     649
    Alphabetical List of Agencies Appearing in the CFR........     665
    Redesignation Table.......................................     675
    List of CFR Sections Affected.............................     677

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

   Cite this Code:  CFR                                                         
                                                                                                                
   To cite the regulations in this volume use title, part                       
   and section number. Thus, 22 CFR 301.1 refers to title                      
   22, part 301, section 1.                                                    
                                  ----------------------------------------------------------                    
                                                                                                                


[[Page vii]]

                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, April 1, 1997), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page viii]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

April 1, 1997.



[[Page ix]]



                               THIS TITLE

    Title 22--Foreign Relations is composed of two volumes. The first 
volume, Parts 1 to 299 contains Chapter I--Department of State 
regulations and Chapter II--Agency for International Development, 
International Development Cooperation Agency regulations. The second 
volume, Part 300 to End is composed of Chapter III--Peace Corps; Chapter 
IV--International Joint Commission, United States and Canada; Chapter 
V--United States Information Agency; Chapter VI--United States Arms 
Control and Disarmament Agency; Chapter VII--Overseas Private Investment 
Corporation, International Development Cooperation Agency; Chapter IX--
Foreign Service Grievance Board Regulations; Chapter X--Inter-American 
Foundation; Chapter XI--International Boundary and Water Commission, 
United States and Mexico, United States Section; Chapter XII--United 
States International Development Cooperation Agency; Chapter XIII--Board 
for International Broadcasting; Chapter XIV--Foreign Service Labor 
Relations Board; Federal Labor Relations Authority; General Counsel of 
the Federal Labor Relations Authority; and the Foreign Service Impasse 
Disputes Panel; Chapter XV--African Development Foundation; Chapter 
XVI--Japan-United States Friendship Commission; and Chapter XVII--United 
States Institute of Peace. The contents of these volumes represent all 
current regulations codified under this title of the CFR as of April 1, 
1997.

    Redesignation tables appear in the Finding Aids section of these 
volumes.

    For this volume, Carol Conroy was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

[[Page x]]



 
[[Page 1]]



                       TITLE 22--FOREIGN RELATIONS




                  (This book contains part 300 to End)

  --------------------------------------------------------------------
                                                                   Part 
Chapter iii--Peace Corps....................................         301
Chapter iv--International Joint Commission, United States 
  and Canada................................................         401
Chapter v--United States Information Agency.................         500
Chapter vi--United States Arms Control and Disarmament 
  Agency....................................................         601
Chapter vii--Overseas Private Investment Corporation, 
  International Development Cooperation Agency..............         705
Chapter ix--Foreign Service Grievance Board Regulations.....         901
Chapter x--Inter-American Foundation........................        1001
Chapter xi--International Boundary and Water Commission, 
  United States and Mexico, United States Section...........        1100
Chapter xii--United States International Development 
  Cooperation Agency........................................        1201
Chapter xiii--Board for International Broadcasting..........        1300
Chapter xiv--Foreign Service Labor Relations Board; Federal 
  Labor Relations Authority; General Counsel of the Federal 
  Labor Relations Authority; and the Foreign Service Impasse 
  Disputes Panel............................................        1411
Chapter xv--African Development Foundation..................        1500
Chapter xvi--Japan-United States Friendship Commission......        1600
Chapter xvii--United States Institute of Peace..............        1701

Cross References: U.S. Customs Service, Department of the Treasury: See 
  Customs Duties, 19 CFR chapter I.
International Trade Administration, Department of Commerce: See Commerce 
  and Foreign Trade, 15 CFR chapter III.
Foreign-Trade Zones Board: See Commerce and Foreign Trade, 15 CFR 
  chapter IV.
Immigration and Naturalization Service, Department of Justice: See 
  Aliens and Nationality, 8 CFR chapter I.
Taxation pursuant to treaties: See Internal Revenue, 26 CFR 1.894-1.

[[Page 3]]





                        CHAPTER III--PEACE CORPS




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Part                                                                Page
301             Public access to classified material........           5
302             Organization................................           5
303             Inspection and copying of records: Rules for 
                    compliance with Freedom of Information 
                    Act.....................................           8
304             Claims against Government under Federal Tort 
                    Claims Act..............................          18
305             Eligibility and standards for Peace Corps 
                    volunteer service.......................          21
306             Volunteer discrimination complaint procedure          24
307             Peace Corps standards of conduct............          24
308             Implementation of the Privacy Act of 1974...          38
309             Claims collection...........................          47
310             Governmentwide debarment and suspension 
                    (nonprocurement) and governmentwide 
                    requirements for drug-free workplace 
                    (grants)................................          64
311             New restrictions on lobbying................          82

[[Page 5]]



PART 301--PUBLIC ACCESS TO CLASSIFIED MATERIAL--Table of Contents




Sec.
301.1  Introduction.
301.2  Requests for mandatory declassification review.
301.3  Action on requests for declassification review.

    Authority: E.O. 12356, 43 FR 14874 dated April 2, 1982.

    Source: 49 FR 13692, Apr. 6, 1984, unless otherwise noted.



Sec. 301.1  Introduction.

    The following regulations implement Executive Order 12356 and 
provide guidance for members of the public desiring a review for 
declassification of a document of the Peace Corps.



Sec. 301.2  Requests for mandatory declassification review.

    (a) All information originally classified by the Peace Corps shall 
be subject to review for declassification.
    (b) Requests for review of such information for declassification 
shall be in writing, addressed to the Peace Corps Director of Security, 
Peace Corps, Washington, DC 20526, and reasonably describe the 
information sought with sufficient specificity to enable its location 
with a reasonable amount of effort. Only requests made by a United 
States citizen or a permanent resident alien, a Federal agency or a 
State or local government will be considered.
    (c) Requests relating to information, either derivatively classified 
by the Peace Corps or originally classified by another agency but in the 
possession of the Peace Corps, shall be forwarded, together with a copy 
of the record, to the originating agency. The transmittal may contain in 
Peace Corps recommendation for action.



Sec. 301.3  Action on requests for declassification review.

    (a) The Director of Security shall present each request for 
declassification to the Peace Corps Classification Review Committee, 
which shall consist of the Associate Director for International 
Operations, the Associate Director for Management and the General 
Counsel, or their designees, together with his or her recommendation for 
action.
    (b) Every effort will be made to complete action on each request 
within 60 days of receipt thereof.
    (c) Information shall be declassified or downgraded as soon as 
national security considerations permit. If the Classification Review 
Committee determines that the material for which review is requested no 
longer requires this protection, it shall be declassified and made 
available to the requester unless withholding is otherwise authorized by 
law.
    (d) If the Peace Corps Classification Review Committee determines 
that requested information must remain classified, the requester shall 
be given prompt notice of the decision and, if possible, a brief 
explanation of why the information cannot be declassified.
    (e) The Peace Corps may refuse to confirm or deny the existence or 
non-existence of requested information whenever the fact of its 
existence or non-existence is itself classified under E.O. 12356.
    (f) A requester may appeal a refusal to declassify information to 
the Director of the Peace Corps, or the Director's designee. Appeals 
shall be in writing, addressed to the Director of the Peace Corps, 
Washington, DC 20526, and shall briefly state the reasons why the 
requester believes that the Peace Corps Classification Review Committee 
decision is in error. Appeals must be submitted within 30 days after 
receipt of notice of the Classification Review Committee decision. The 
decision of the Peace Corps Director, or designee, will be based on the 
entire record, and will be rendered in writing within 60 days after 
receipt of an appeal. The decision of the Director or Director's 
designee is the final Peace Corps action on a request.



PART 302--ORGANIZATION--Table of Contents




Sec.
302.1  Introduction.

[[Page 6]]

302.2  Central and field organization, established places at which, the 
          officers from whom, and the methods whereby the public may 
          secure information, make submittals, or request, or obtain 
          decisions; and statements of the general course and methods by 
          which its functions are channeled and determined.
302.3  Rules of procedure, description of forms available, the places at 
          which forms may be obtained, and instructions as to the scope 
          and content of all papers, reports, or examinations.
302.4  Substantive rules of general applicability adopted as authorized 
          by law, and statements of general policy or interpretation of 
          general applicability formulated and adopted by the agency.

    Authority: Sec. 4, Pub. L. 87-239, Stat. 612 (22 U.S.C. 2503, as 
amended); 5 U.S.C. 552; E.O. 12137, 44 FR 29023, 3 CFR, 1979 Comp., p. 
389.

    Source: 52 FR 47715, Dec. 16, 1987, unless otherwise noted.



Sec. 302.1  Introduction.

    The regulations of this part are issued pursuant to section 3 of the 
Administrative Procedure Act, 5 U.S.C. 552, effective July 4, 1967.




Sec. 302.2  Central and field organization, established places at which, the officers from whom, and the methods whereby the public may secure information, make 
          submittals, or request, or obtain decisions; and statements of 
          the general course and methods by which its functions are 
          channeled and determined.

    (a) The following are statements of the central and field 
organization of the Peace Corps:
    (1) Central Organization--(i) Director. As head of the Peace Corps, 
the Director is responsible for all the activities of the agency. He or 
she is assisted by a Deputy Director, a Chief of Staff, and the 
following staff units:
    (A) The Office of the General Counsel which provides legal advice 
and assistance relating to Peace Corps programs and activities;
    (B) The Office of Congressional Relations which serves as primary 
informational contact between Congress and the Peace Corps, advising the 
Director and other senior managers on governmental and legislative 
affairs;
    (C) The Office of Public Affairs which promotes awareness of the 
Peace Corps, monitors agency news coverage and prepares/disseminates 
national news releases and other information about the Peace Corps. The 
Office also coordinates agency activities and maintains files relating 
to graphic, photographic and audiovisual services and works closely with 
the Advertising Council on placement on public service announcements;
    (D) The office of Private Sector Relations/Development Education 
which coordinates private sector support and participation in Peace 
Corps activities;
    (E) The Executive Secretariat which manages correspondence and other 
documents on behalf of the Director.
    (ii) Office of the Associate Director for International Operations 
consists of the Regional Offices for Africa; Inter-America; and North 
Africa, Near East, Asia and Pacific; and the Office of Training and 
Program Support. The immediate office of the Associate Director includes 
the Overseas Staff Training and the United Nations Volunteer Program 
staff.
    (A) The Regional offices are responsible for the negotiation, 
establishment and operation of Peace Corps projects overseas and for the 
training of Peace Corps Volunteers for such projects. They also provide, 
on behalf of the Director, policy guidance and immediate supervision to 
Peace Corps staff and operations overseas.
    (B) The Office of Training and Program Support provides technical 
assistance and policy direction in the development of effective program 
and training strategies/designs, and coordinates a wide variety of 
program and training services.
    (iii) The Office of the Associate Director for Management consists 
of the following offices:
    (A) The Office of Medical Services which provides medical screening 
for applicants and health care services to Volunteers and in-country 
staff.
    (B) The Office of Special Services which provides personal and 
administrative support to Peace Corps trainees and Volunteers, and their 
families.
    (C) The Office of Personnel Policy and Operations which provides 
Agency personnel services.
    (D) The Office of Financial Management which provides accounting, 
contracting and budget operations.

[[Page 7]]

    (E) The Office of Planning and Policy Analysis which provides 
support to the Agency in the areas of policy, planning, assessment and 
management information.
    (F) The Office of Administrative Services which provides 
administrative and logistical support to the Agency.
    (G) The Office of Information Resources Management which manages the 
Agency's information resources and central computer facility.
    (H) The Office of Compliance which carries out Agency audit, 
investigation, internal controls and equal opportunity functions.
    (iv) The Office of the Associate Director for Volunteer Recruitment 
and Selection consists of the following offices:
    (A) The Office of Recruitment which directs the operational and 
managerial aspects of headquarers and domestic field recruitment 
activities in support of the recruitment of qualified Peace Corps 
trainees.
    (B) The Office of Placement which conducts final placement, 
processing and orientation of Peace Corps applicants in preparation for 
final selection and training.
    (2) Domestic Field Organization
    Regional Peace Corps Recruitment Offices: (i) Chicago Regional 
Office, 175 West Jackson Boulevard, Room A-531, Chicago, Illinois 60604. 
(Oversees Area Offices in Atlanta, Chicago, Detroit, Kansas City and 
Minneapolis.)
    (ii) New York Regional Office, 1515 Broadway, Room 3515, New York, 
New York 10036. (Oversees Area Offices in Miami, Puerto Rico, 
Washington, DC, Philadelphia, New York City and Boston.)
    (iii) San Francisco Regional Office, 211 Main Street, Room 533, San 
Francisco, California 94105. (Oversees Area Offices in San Francisco, 
Seattle, Denver, Los Angeles, and Dallas.)
    (3) Foreign Field Organization--(i) Africa Region.

Benin, Cotonou
Botswana, Gaborone
Burundi, Bujumbura
Cameroon, Yaounde
Central African Republic, Bangui
Chad, N'Djamena
Gabon, Libreville
The Gambia, Banjul
Ghana, Accra
Guinea, Conakry
Kenya, Nairobi
Lesotho, Maseru
Liberia, Monrovia
Malawi, Lilongwe
Mali, Bamako
Mauritania, Nouakchott
Niger, Niamey
Rwanda, Kigali
Senegal, Dakar
Sierra Leone, Freetown
Swaziland, Mbabane
Tanzania, Dar es Salaam
Zaire, Kinshasa
Togo, Lome
    (ii) Inter-America Region
Belize, Belize City
Costa Rica, San Jose
Dominican Republic, Santo Domingo
Eastern Caribbean, Bridgetown, Barbados
Ecuador, Quito
Guatemala, Guatemala City
Haiti, Port-au-Prince
Hondurus, Tegucigalpa
Jamaica, Kingston
Paraguay, Asuncion
Turks and Caicos Islands (Santo Domingo, Dominican Republic)

    (iii) North Africa, Near East Asia and Pacific Region

Cook Islands (Apia, Western Samoa)
Fiji, Suva
Federated States of Micronesia, Pohnpei
Kiribati (Honiara, Solomon Islands)
Marshall Islands, Majuro
Morocco, Rabat
Nepal, Kathmandu
Papua New Guinea, Port Moresby
Philippines, Manila
Republic of Palau (Pohnpei, F.S.M)
Seychelles, Victoria
Solomon Islands, Honiara
Sri Lanka, Colombo
Thailand, Bangkok
Tonga, Nuku'alofa
Tunisia, Tunis
Tuvalu (Suva, Fiji)
Western Samoa, Apia
Yemen Arab Republic, Sana's

    (b) Any person desiring information concerning a matter handled by 
the Peace Corps, or any persons desiring to make a submittal or request 
in connection with such a matter, should communicate either orally or in 
writing with the appropriate office. If the office receiving the 
communications does not have jurisdiction to handle the matter, the 
communication, if written, will be forwarded to the proper office, or, 
if oral, the person will be advised how to proceed.

[[Page 8]]



Sec. 302.3  Rules of procedure, description of forms available, the places at which forms may be obtained, and instructions as to the scope and content of all 
          papers, reports, or examinations.

    Forms regarding the following listed matters and instructions 
relating thereto may be obtained upon application to the offices listed 
below.

    Application for Peace Corps, Office of Recruitment, Room P-301.
    Volunteer Service, Peace Corps, 806 Connecticut Avenue NW., 
Washington, DC 20526, or the Peace Corps area recruitment offices listed 
in Sec. 302.2(a)(2).



Sec. 302.4  Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretation of general applicability 
          formulated and adopted by the agency.

    The Peace Corps regulations published under the provisions of the 
Administrative Procedure Act are found in part 301 of title 22 of the 
Code of Federal Regulations and the Federal Register. These regulations 
are supplemented from time to time by amendments appearing initially in 
the Federal Register.



PART 303--INSPECTION AND COPYING OF RECORDS: RULES FOR COMPLIANCE WITH FREEDOM OF INFORMATION ACT--Table of Contents




Sec.
303.1  Purpose.
303.2  Definitions.
303.3  Records generally available.
303.4  Availability of records.
303.5  Records which may be exempt from disclosure.
303.6  Manner of requesting records--appeals.
303.7  Authority to release and certify records.
303.8  Location of records.
303.9  Identification of records.
303.10  Schedule of fees.

    Authority: 5 U.S.C. 552; Pub. L. 87-293 as amended (22 U.S.C. 2501 
et seq.); Pub. L. 97-113, sec. 601; Pub. L. 99-570; E.O. 12137, May 16, 
1979.

    Source: 49 FR 28701, July 16, 1984, unless otherwise noted.



Sec. 303.1  Purpose.

    The purpose of this part is to prescribe rules for the inspection 
and copying of opinions, policy statements, staff manuals, instructions, 
and other records of the Peace Corps pursuant to 5 U.S.C. 552.



Sec. 303.2  Definitions.

    As used in this part, the following definitions shall apply:
    (a) The Agency means Peace Corps.
    (b) Records includes all books, papers, maps, photographs, films, 
tapes, or other documentary material or copies thereof, regardless of 
physical form or characteristics, made in or received by the Peace Corps 
and preserved as evidence of its organization, functions, policies, 
decisions, procedures, operations or other activities but does not 
include books, magazines, or other materials acquired solely for library 
purposes and available in the library of the agency.
    (c) Identifiable means, in the context of a request for a record, 
one which is reasonably described in a manner sufficient to permit the 
location of the material requested.
    (d) Unit means an office of the Agency headed by a senior official 
who shall be responsible for making initial determinations of 
availability of documents or records requested hereunder. The head of 
any such Unit may delegate his or her responsibility hereunder to his or 
her Deputy or some other official during any absence of such official. 
At present, the units of the Agency for the purposes hereof consist of, 
the Office of the Director; the Executive Secretariat; the Office of 
Private Sector Development; the Office of Executive Talent Search; the 
Office of General Counsel and Legislative Liaison; the Office of Public 
Affairs; the Office of the Associate Director for Marketing, 
Recruitment, Placement and Staging; the Office of the Associate Director 
for International Operations; and the Office of the Associate Director 
for Management.



Sec. 303.3  Records generally available.

    The agency will make promptly available to any member of the public 
the following documents:

[[Page 9]]

    (a) All final opinions and orders made in the adjudication of cases.
    (b) Statements of policy and interpretation adopted by the agency 
which have not been published in the Federal Register.
    (c) Administrative staff manuals and instructions to the staff which 
affect a member of the public.
    (d) A current index, which shall be updated at least quarterly, 
covering so much of the foregoing materials as may have been issued, 
adopted or promulgated after July 4, 1967, is maintained by the Agency 
and copies of same or any portion thereof shall be furnished upon 
request at a cost not to exceed the cost of duplication. The Agency 
deems further publication of such index in the Federal Register both 
unnecessary and impractical.
    (e) To the extent necessary to prevent a clearly unwarranted 
invasion of personal privacy, the Agency may delete identifying details 
from materials furnished under this section.
    (f) Brochures, flyers and other similar material shall be furnished 
to the extent that same are available. Copies of any such brochures and 
flyers which are out of print shall be furnished upon request at the 
cost of duplication, provided, however, that in the event no copy 
exists, the Agency shall not be responsible for reprinting the same.
    (g) The Agency will not be required to create or compile selected 
items from its file and records or to provide a requester with 
statistical or other data unless such data has been compiled by the 
Agency and is available in the form of a record in which event such 
record shall be made available as provided in this part.



Sec. 303.4  Availability of records.

    All records of the Peace Corps, in addition to those ordinarily 
maintained and disseminated under Sec. 303.3 hereof, requested under 5 
U.S.C. 552(a)(3) and reasonably described in any request therefore shall 
be made promptly available upon request of any member of the public for 
inspection or copying upon compliance with procedures established in 
this part, except to the extent that a determination is made, in accord 
with the procedures set forth herein, that a record is exempt from 
disclosure, and should be withheld in the public interest. All 
publications and other documents heretofore provided by the Peace Corps 
in the normal course of business will continue to be made available upon 
request to the appropriate unit of the Agency. No charge will be made 
for such documents unless necessary by reason of the fact that such 
document is no longer in print in which case the charge shall not exceed 
the cost of duplication as set forth herein.



Sec. 303.5  Records which may be exempt from disclosure.

    The following categories are examples of records maintained by the 
Peace Corps which, under the provisions of 5 U.S.C. 552(b), may be 
exempted from disclosure:
    (a) Records required to be withheld under criteria established by an 
Executive Order in the interest of national defense or foreign policy 
and which are in fact properly classified pursuant to any such Executive 
Order. Included in this category are records required by Executive Order 
No. 12356, as amended, to be classified in the interest of national 
defense or foreign policy.
    (b) Records related solely to internal personnel rules and 
practices. Included in this category are internal rules and regulations 
relating to personnel management and operations which cannot be 
disclosed to the public without substantial prejudice to the effective 
performance of a significant function of the Agency.
    (c) Records specifically exempted from disclosure by statute.
    (d) Information of a commercial or financial nature including trade 
secrets given in confidence. Included in this category are records 
containing commercial or financial information obtained from any person 
and customarily regarded as privileged and confidential by the person 
from whom they were obtained.
    (1) It is the policy of the Peace Corps not to release information 
which is a trade secret, or commercial or financial information which 
was obtained from a person and is privileged or confidential within the 
meaning of 5 U.S.C. 552(b)(4). It is also the policy of the Peace Corps 
to give submitters of

[[Page 10]]

information which may be exempt from disclosure under 5 U.S.C. 552(b)(4) 
adequate opportunity to provide information at the administrative level 
which may establish such exemption.
    (2) A person submitting information to the Peace Corps, if 
previously notified by the Peace Corps of his/her right to request 
confidential treatment for information, must request that the 
information be considered exempt from disclosure at the time of 
submission. Failure to do so will be deemed an acknowledgment that the 
submitter does not wish to claim exempt status.
    (3) A person submitting information not covered by paragraph (d)(2) 
of this section which is the subject of a Freedom of Information 
Request, and which may be exempt from disclosure, shall be given prompt 
written notification of such request, unless it can be established that 
the information should not be disclosed, or that the information has 
already been lawfully published or made available to the public. Such 
notice must afford submitters at least ten working days in which to 
object to the disclosure of any requested information.
    (4) Each request for exemption from disclosure under 5 U.S.C. 
552(b)(4) as a trade secret or privileged or confidential commercial or 
financial information must:
    (i) Specifically identify the exact material claimed to be 
confidential.
    (ii) State whether or not the information identified has ever been 
released to a person not in a confidential relationship with the 
submitter.
    (iii) State the basis for submitter's belief that the information is 
not commonly known or readily ascertainable by outside persons.
    (iv) State how release of the information would cause harm to the 
submitter's competitive position.
    (5) The agency will not normally decide whether material received 
with a request for exemption from disclosure under 5 U.S.C. 552(b)(4) is 
entitled to be withheld unless a request for disclosure is made. Any 
reasonably segregable portion of a record will be disclosed after 
deletion of any portions determined to be exempt.
    (6) The agency will give careful consideration to all specified 
grounds for exemption prior to making its administrative determination 
and, in all cases in which the determination is to disclose, provide the 
submitter with a statement of the reasons why its disclosure objection 
was not sustained. The Peace Corps will provide the submitter with at 
lest ten days advance notice of the proposed release date of information 
in cases in which an objection to disclosure has been rejected.
    (7) The Peace Corps will notify the submitter promptly of any 
instance in which a requester brings suit seeking to compel disclosure 
of its information. Submitters should not request exemption from 
disclosure unless they are prepared to assist the agency in the defense 
of any judicial proceeeding brought to compel disclosure.
    (e) Interagency or intra-agency memoranda or letters which would not 
ordinarily be available by law to a party in litigation with the Agency. 
Included in this category are memoranda, letters, interagency and intra-
agency communications and internal drafts, opinions and interpretations 
prepared by staff or consultants and records of deliberations of staff, 
ordinarily used in arriving at policy determinations and decisions.
    (f) Personnel, medical and similar files. Included in this category 
are personnel and medical information files of staff, volunteer 
applicants, former and current trainees/volunteers, lists of names and 
home addresses and other files or material containing private or 
personal information, the disclosure of which would amount to a clearly 
unwarranted invasion of the privacy of any person to whom the 
information pertains.
    (g) Investigatory records compiled for law enforcement purposes. 
Included in this category are files compiled for the enforcement of all 
laws, or prepared in connection with government litigation and 
adjudicative proceedings; provided however, that such records shall be 
made available to the extent that their production will not (1) 
interfere with enforcement proceedings; (2) deprive a person of a right 
to a fair trial or an impartial adjudication; (3) constitute an 
unwarranted invasion of personal privacy; (4) disclose the identity of a 
confidential source,

[[Page 11]]

and in the case of a record compiled by a criminal law enforcement 
authority in the course of a criminal investigation, or by an agency 
conducting a lawful national security intelligence investigation, 
confidential information furnished only by the confidential source; (5) 
disclose investigative techniques and procedures; or (6) endanger the 
life or physical safety of law enforcement personnel.
    (h) In the event any document or record requested hereunder shall 
contain material which is exempt from disclosure under this section, any 
reasonably segregable portion of such record shall, notwithstanding such 
fact, and to the extent feasible, be provided to any person requesting 
same, after deletion of the portions which are exempt under this 
section.
    (i) Documents or records determined to be exempt from disclosure 
hereunder may nonetheless be provided upon request in the event it is 
determined that the provision of such document would not violate the 
public interest or the right of any person to whom such information 
might pertain, and that disclosure is not prohibited by law or executive 
order.



Sec. 303.6  Manner of requesting records--appeals.

    (a) Requests under the Freedom of Information Act (5 U.S.C. 552) for 
access to Peace Corps records may be filed in person or by mail with the 
Director of Administrative Services, Peace Corps, 806 Connecticut Avenue 
NW., Washington, DC 20526. All requests and the envelope in which they 
are sent must be plainly marked ``FOIA Request.'' Personal written 
requests will be received from between 10 a.m. and 4 p.m., Monday 
through Friday, except for official holidays. FOIA requests and appeals 
shall be deemed received when actually received by the Director of 
Administrative Services.
    (b) Requested records which are reasonably described shall either be 
made available within ten working days after receipt of any such request 
or a written notice that the request cannot be complied with will be 
provided to the person making such request within such ten day period. 
Any such notice of inability to comply shall specify the reasons for 
refusal and the right of the person making such request to appeal such 
adverse determination. In the event a request for a record or document 
is made to the Director of Administrative Services, and such office does 
not have the requested material, the requester shall be immediately 
notified.
    (c) Upon receipt of a notice of failure to comply, a person making a 
request for information, records, or documents may, within 15 calendar 
days from the receipt of such notice, appeal such adverse determination 
to the Director of the Peace Corps or designee. Such appeal shall be in 
writing and shall specify the date upon which the notice of failure or 
refusal to comply was received by the person making such request. The 
Director or designee shall make a determination with respect to such 
appeal within 20 working days after receipt of such appeal. Notice of 
such determination shall be provided in writing to the person making the 
request. If the original denial of the request for records is upheld in 
whole or in part, such notice shall include notification of the right of 
the person making such request to have judicial review of the denial and 
appeal as provided under the Freedom of Information Act (5 U.S.C. 552).
    (d) The time limits specified above for initial compliance, and 
appeal from a refusal to comply, may be extended by the Agency upon 
written notice to the person making the request. Such notice shall set 
forth the reasons for such extension and the date upon which 
determination is expected. Such extension may be applied at either the 
initial stage or the appellate stage, or both, provided that the 
aggregate of such extensions shall not exceed ten working days. 
Circumstances justifying an extension will include the following:
    (1) Time necessary to search and collect requested records from 
segments of the Agency separate from the office processing the request;
    (2) Time necessary to search, collect and appropriately examine a 
voluminous number of records demanded in a single request; or

[[Page 12]]

    (3) Time necessary for consultation with another agency having a 
substantial interest in the determination of the request, or among two 
or more components of the agency which have an interest in the subject 
matter of the request.
    (e) The time limits provided in this section are mandatory and a 
person requesting records shall be deemed to have exhausted his or her 
administrative remedies with respect to such request in the event the 
Agency fails to comply within the said applicable time limit provisions 
as extended in accord with this section. In unusual circumstances in 
which additional time is necessary to collect and review the records 
requested, the Act provides that a court of appropriate jurisdiction may 
allow the agency additional time for such purpose. Alternatively, the 
Agency and the person making such request may agree as to a reasonable 
time for completion of Agency work upon such request.
    (f) Any notification of denial of any request for records under this 
subsection shall set forth the names and titles or positions of the 
persons primarily responsible for the denial of such request.
    (g) Upon receipt of a request for a record or document the Director 
of the Office of Administrative Services will promptly make an initial 
determination as to whether the request for the record reasonably 
describes such record with sufficient specificity to detemine the unit 
of the Agency to which such request should be referred. Upon making such 
initial determination, he shall immediately refer such request to the 
head of the unit concerned. Upon receipt of the request the head of the 
unit shall promptly determine whether the description of the record 
contained in the request is sufficient to permit its identification and 
production.
    (h) If the Director of Administrative Services or the head of the 
unit concerned determines that the description contained in the request 
is not sufficient to reasonably describe the record requested, the 
requester shall be so advised and shall be permitted to amend the 
request to provide any additional information which would better 
identify the record. The requester shall be provided with appropriate 
assistance from the head of the unit concerned, the Director of 
Administrative Services or any member of their staffs. A request which 
is amended in accord herewith shall be deemed to have been received by 
the Agency on the date of receipt of the amended request.
    (i) If the head of the unit concerned determines that the record 
requested is reasonably described so as to permit its identification, he 
or she shall make it available unless he or she determines, after 
consultation with the General Counsel, that (1) the record is exempt 
from disclosure and (2) it should be withheld in the public interest or 
to protect the rights of persons to whom the information pertains. When 
such a determination is made the requester shall be immediately notified 
in writing as provided herein.
    (j) Peace Corps offices overseas are not responsible for maintenance 
of Freedom of Information Act indexes, documents, or records (other than 
materials normally kept and maintained in such offices). FOIA requests 
received by overseas employees are to be forwarded to the Director, 
Office of Administrative Services, for processing. Such a request shall 
be considered received when actually received by the Director of 
Administrative Services.
    (k) The Peace Corps maintains recruiting offices in many states. 
These offices are not responsible for maintaining Freedom of Information 
Act indexes, reading rooms, or other records or documents. Requests to 
any Recruiting Office or Service Center Office for materials not given 
out in the normal course of business shall be referred to the Director 
of Administrative Services. The request shall be in writing and shall be 
deemed received when actually received by the Director of Administrative 
Services.



Sec. 303.7  Authority to release and certify records.

    (a) Authority is hereby delegated to the Director of Administrative 
Services, Office of Management, to furnish, pursuant to these 
regulations, copies of records to any person entitled thereto, and upon 
request to provide certified

[[Page 13]]

copies thereof for use in judicial proceedings or other official matters 
as provided below.
    (b) The Director of Administrative Services and his or her deputy, 
are hereby designated to act as authentication officers. When both the 
authentication officers are unavailable, any other persons within such 
office designated by the Director of Administrative Services may act in 
his or her place and stead. The authentication officer is hereby 
authorized to sign and initial certificates of authentication for and in 
the name of the Director of the Peace Corps. The form of authentication 
shall be as follows:

                       Certificate of Authenticity

    In testimony whereof, I --------------------, Director of the Peace 
Corps, have hereunder caused my name to be subscribed by the 
authentication officer of said agency at Washington, DC, this ------ day 
of ------------, 19----.

_______________________________________________________________________

Director of the Peace Corps.

By______________________________________________________________________

Authentication Officer, Peace Corps.

    (c) The authentication officer is also hereby authorized to issue 
such statements, certificates, or other documents as may be required in 
connection with judicial proceedings or other official matters to show 
that, after a thorough search of Peace Corps records, a requested record 
has not been found. (See Rule 44(b) Federal Rules of Civil Procedure.)



Sec. 303.8  Location of records.

    The Agency will maintain a central records room at its headquarters 
in Washington, DC. The headquarters of the Peace Corps is presently 
located at 806 Connecticut Avenue, NW., Washington, DC. The present 
location of the central records room shall be the Paperwork and Records 
Management Branch, the location of which may change from time to time. 
The specific location of the records room may be determined by 
requesting such information from the Director, Office of Administrative 
Services.



Sec. 303.9  Identification of records.

    (a) In order for the Agency to locate records and make them 
available it is necessary that it be able to identify the specific 
records sought. Persons wishing to inspect or secure copies of records 
should therefore seek to describe and identify them as fully and as 
accurately as possible. In cases where requests are submitted which are 
not sufficient to permit identification, the officer receiving the 
request will endeavor to assist the person seeking the records in 
filling in necessary details.
    (b) Among the kinds of information which a person seeking records 
should try to provide in order to permit an identification of a record 
are the following:
    (1) The unit or program of the Agency which may be responsible for 
or may have produced the record.
    (2) The specific event or action, if any, and if known, to which the 
record refers.
    (3) The date of the record or the period to which it refers or 
relates, if known.
    (4) The type of record, such as an application, a contract, or a 
report.
    (5) Personnel of the office who may have prepared or have knowledge 
of the record.
    (6) Citation to newspapers or publications which are known to have 
referred to the record.



Sec. 303.10  Schedule of fees.

    (a) General. It is the policy of the Peace Corps to encourage the 
widest possible distribution of information concerning programs under 
its jurisdiction. To the extent practicable, this policy will be applied 
under this part so as to permit requests for inspection or copies of 
records to be met without substantial cost to the person making the 
request. Search and reproduction charges will be made in accordance with 
paragraph (c) of this section. On a case-by-case basis, the Peace Corps 
will conduct a thorough review of all fee waiver requests and will grant 
waivers of reductions in fees only in those cases in which the requester 
establishes that the disclosure of the information will primarily 
benefit the general public. The Agency shall charge fees that recoup the 
full direct costs incurred. The most efficient and least costly methods 
to comply with requests for documents made under the FOIA shall be used.

[[Page 14]]

When documents that would be responsive to a request are maintained for 
distribution by agencies operating statutory-based fee schedule 
programs, the Agency shall inform requesters of the steps necessary to 
obtain records from those sources.
    (b) Definitions. The Agency adopts the following definitions 
contained in OMB's ``Uniform Freedom of Information Act Fee Schedule and 
Guidelines,'' that relate to this section:
    (1) The term direct costs means those expenditures which an agency 
actually incurs in searching for and duplicating (and in the case of 
commercial requesters, reviewing) documents to respond to an FOIA 
request.
    (2) The term search includes all time spent looking for material 
that is responsive to a request, including page-by-page or line-by-line 
identification of material within documents.
    (3) The term duplication refers to the process of making a copy of a 
document necessary to respond to an FOIA request. Such copies can take 
the form of paper copy, microform, audio-visual materials, or machine 
readable documentation (e.g., magnetic tape or disk), among others.
    (4) The term review refers to the process of examining documents 
located in response to a request that is for a commercial use to 
determine whether any portion of any document located is permitted to be 
withheld. It also includes processing any documents for disclosure, 
e.g., doing all that is necessary to excise them and otherwise prepare 
them for release. Review does not include time spent resolving general 
legal or policy issues regarding the application of exemptions.
    (5) The term `commercial use' request refers to a request from or on 
behalf of one who seeks information for a use or purpose that furthers 
the commercial, trade or profit interests of the requester or the person 
on whose behalf the request is made.
    (6) The term educational institution refers to a preschool, a public 
or private elementary or secondary school, an institution of graduate 
higher education, an institution of undergraduate higher education, an 
institution of professional education, and an institution of vocational 
education, which operates a program or programs of scholarly research.
    (7) The term non-commercial scientific institution refers to an 
institution that is not operated on a ``commercial'' basis as that term 
is referenced in paragraph (b)(5) of this section and which is operated 
solely for the purpose of conducting scientific research, the results of 
which are not intended to promote any particular product or industry.
    (8) The term representative of the news media refers to any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public. The term ``news'' means 
information that is about current events or that would be of current 
interest to the public. Examples of news media entities include 
television or radio stations broadcasting to the public at large, and 
publishers of periodicals (but only in those instances when they can 
qualify as disseminators of ``news'') who made their products available 
for purchase or subscription by the general public. These examples are 
not intended to be all-inclusive. Moreover, as traditional methods of 
news delivery evolve (e.g., electronic dissemination of newspapers 
through telecommunications services), such alternative media would be 
included in this category. In the case of freelance journalists, they 
will be regarded as working for a news organization if they can 
demonstrate a solid basis for expecting publication through that 
organization, even though not actually employed by it. A publication 
contract would be the clearest proof, but the Agency will also look to 
the past publication record of a requester in making a determination.
    (c) Fees to be charged--(1) Manual searches for records. Whenever 
feasible, the Agency will charge at the salary rate(s) (i.e. basic pay 
plus 16 percent) of the employee(s) making the search. However, where a 
homogeneous class of personnel is used exclusively (e.g., all 
administrative/clerical, or all professional/executive), the Agency may 
establish an average rate for the range of grades typically involved.
    (2) Computer searches for records. The Agency will charge at the 
actual direct cost of providing the service. This will

[[Page 15]]

include the cost of operating the central processing unit (CPU) for that 
portion of operating time that is directly attributable to searching for 
records responsive to an FOIA request and operator/programmer salary 
apportionable to the search. When the Agency can establish a reasonable 
Agency-wide average rate for CPU operating costs and operator/programmer 
salaries involved in FOIA searches, it may do so and charge accordingly.
    (3) Review of records. Only requesters who are seeking documents for 
commercial use will be charged for time spent reviewing records to 
determine whether they are exempt from mandatory disclosure. Charges 
shall be assessed only for the initial review; i.e., the review 
undertaken the first time the Agency analyzes the applicability of a 
specific exemption to a particular record or portion of a record. The 
Agency will not charge for review at the administrative appeal level of 
an exemption already applied. However, if records or portions of records 
withheld in full under an exemption which is subsequently determined not 
to apply are reviewed again to determine the applicability of other 
exemptions not previously considered, the cost for such a subsequent 
review is properly assessable. Where a single class of reviewers is 
typically involved in the review process, the Agency may establish a 
reasonable Agency-wide average and charge accordingly.
    (4) Duplication of records. The charge for paper copy reproduction 
of documents as of the date of publication is three cents per page. This 
charge represents the average Agency-wide direct cost of making such 
copies, taking into account the salary of the operators as well as the 
cost of the reproduction machinery. The rate shall be adjusted annually. 
Current rates may be requested from the Director, Office of 
Administrative Services. For copies prepared by computer, such as tapes 
or printouts, the Agency will charge the actual cost, including operator 
time, of production of the tape or printout. For other methods of 
reproduction or duplication, the Agency will charge the actual direct 
costs of producing the document or documents.
    (5) Other charges. (i) The Agency shall recover the full cost of 
certifying that records are true copies. The Agency will charge the 
salary rate(s) (i.e. basic pay plus 16 percent) of the employee(s) 
certifying the records. (ii) The Agency shall recover the full cost of 
sending records by special methods such as express mail, etc. The Agency 
shall not furnish the records until payment for such service has been 
received by the Agency. The Agency is not required to comply with 
requests for special mailing services.
    (6) Restrictions on assessing fees. (i) With the exception of 
requesters seeking documents for a commercial use, the Agency will 
provide the first 100 pages of duplication and the first two hours of 
search time without charge. The Agency will not charge fees to any 
requester, including commercial use requesters, if the cost of 
collecting the fee would be equal to or greater than the fee itself. 
Except for commercial use requesters, the Agency will not begin to 
assess fees until after the free search and reproduction services have 
been provided.
    (ii) The elements to be considered in determining the ``cost of 
collecting a fee,'' are the administrative costs to the Agency of 
receiving and recording a requester's remittance, and processing the fee 
for deposit in the Treasury Department's special account. The per-
transaction cost to the Treasury to handle such remittance will not be 
considered in the Agency's determination.
    (iii) For purposes of these restrictions on assessment of fees, the 
word ``pages'' refers to paper copies of a standard agency size which 
will normally be ``8\1/2\ x 11'' or ``11 by 14.''
    (iv) The term search time in this context means manual search. To 
apply this term to searches made by computer, the Agency will determine 
the hourly cost of operating the central processing unit and the 
operator's hourly salary plus 16 percent. When the cost of the search 
(including the operator time and the cost of operating the computer to 
process a request) equals the equivalent dollar amount of two hours of 
the salary of the person performing the search, i.e., the operator, the 
Agency will begin assessing charges for computer search.

[[Page 16]]

    (d) Payment of Cost. (1) A request for documents must state that the 
requester will pay any or all reasonably necessary costs, or costs up to 
an amount specified in such request. If the head of the unit or the 
Director of Administrative Services determines that the anticipated cost 
for search and duplication of the records requested will be in excess of 
$25, or in excess of the limit specified in the request, the Director of 
Administrative Services shall advise the requester promptly after 
receipt of the initial request. Such notification shall specify the 
anticipated cost of search and reproduction of the records requested. 
The requester may thereafter amend his or her request to specify fewer 
documents or agree to accept the estimate of anticipated costs, in which 
case the request shall be deemed received by the Agency upon the receipt 
date of the requester's response. A requester may, prior to making a 
request, ask for an estimate of cost from the Director of Administrative 
Services who shall promptly respond to such request.
    (2) Method of Payment. Payment shall be sent or delivered to the 
Collections Officer, Accounting Division. Such payment must be by check 
or money order payable to Peace Corps--FOIA. A receipt for fees shall be 
provided upon request.
    (e) Fees to be Charged--Categories of requesters. There are four 
categories of FOIA requesters: Commercial use requesters; educational 
and non-commercial scientific institutions; representatives of the news 
media; and all other requesters. The Act prescribes specific levels of 
fees for each of these categories:
    (1) Commercial use requesters. The Agency will assess charges which 
recover the full direct costs of searching for, reviewing for release, 
and duplicating the records sought for commercial use. Commercial use 
requesters are not entitled to two hours of free search time nor 100 
free pages of reproduction of documents.
    (2) Educational and non-commercial scientific institution 
requesters. The Agency will provide documents to requesters in this 
category for the cost of reproduction alone, excluding charges for the 
first 100 pages. To be eligible for inclusion in this category, 
requesters must show that the request is being made as authorized by and 
under the auspices of a qualifying institution and that the records are 
not sought for a commercial use, but are sought in furtherance of 
scholarly (if the request is from an educational institution) or 
scientific (if the request is from a non-commercial scientific 
institution) research.
    (3) Requesters who are representatives of the news media. The Agency 
will provide documents to requesters in this category for the cost of 
reproduction alone excluding charges for the first 100 pages. To be 
eligible for inclusion in this category, a requester must meet the 
definition described in paragraph (b)(8) of this section, and his or her 
request must not be made for a commercial use. In reference to this 
class of requester, a request for records supporting the news 
dissemination function of the requester shall not be considered to be a 
request that is for a commercial use.
    (4) All other requesters. Requesters who do not fit into any of the 
categories above will be charged fees which recover the full direct cost 
of searching for and reproducing records that are responsive to the 
request, except that the first 100 pages of reproduction and the first 
two hours of search time will be furnished without charge. Requests from 
individuals for records about themselves filed in the Agency's systems 
of records will continue to be treated under the fee provisions 
published in the Agency's Privacy Act regulations (22 CFR part 308).
    (f) Waiving or Reducing Fees--(1) General. The Agency will furnish 
documents without charge or at reduced charges if disclosure of the 
information is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities of 
the government and is not primarily in the commercial interest of the 
requester. A requester may, in his or her original request, or 
subsequently, ask for a fee waiver or that documents be furnished at a 
reduced charge. A request for documents shall not be deemed to have been 
received until a determination of the question of fee waiver or 
reduction has been

[[Page 17]]

made, provided however, that such determination shall be made within 
five working days from the receipt of a fee waiver request. A request 
for waiver or reduction of fees shall specify the amount of reduction 
requested and the reasons which cause the requester to feel that the 
criteria for waiver or reduction of fees have been met.
    (2) Procedures. (i) Upon receipt of a fee waiver or fee reduction 
request the Director of Administrative Services will promptly determine 
whether such request should be granted in whole or in part. The request 
shall be reviewed in accordance with the following Statutory Freedom of 
Information Act fee waiver criteria:
    (A) Whether disclosure of the information ``is in the public 
interest because it is likely to contribute significantly to public 
understanding of the operations or activities of the Government''; and
    (B) That disclosure of the information ``is not primarily in the 
commercial interest of the requester.''
    (ii) There are six general factors which are considered in 
determining whether the statutory criteria for fee waiver have been met:
    (A) The subject of the request: Whether the subject of the requested 
records concerns ``the operations or activities of the government'';
    (B) The informative value of the information to be disclosed: 
Whether the disclosure is ``likely to contribute'' to an understanding 
of government operations or activities;
    (C) The contribution to an understanding of the subject by the 
general public likely to result from disclosure: Whether disclosure of 
the requested information will contribute to ``public understanding''; 
and
    (D) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute ``significantly'' to 
public understanding of government operations or activities;
    (E) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so
    (F) The primary interest in disclosure: Whether the magnitude of the 
identified commercial interest of the requester is sufficiently large, 
in comparison with the public interest in disclosure, that disclosure is 
``primarily in the commercial interest of the requester.''
    (iii) The decision to refuse to waive or reduce fees as requested 
under paragraph (f)(1) of this section may be appealed to the Director 
of the Peace Corps or such official as he or she may designate. Appeals 
should contain as much information and documentation as possible to 
support the request for a waiver or reduction of fees. The requester 
will be notified within ten working days from the date of which the 
Agency received the appeal.
    (g) Administrative Actions to Improve Assessment and Collection of 
Fees. The Agency shall ensure that procedures for assessing and 
collecting fees are applied consistently and uniformly.
    (1) Charging interest. The Agency will begin assessing interest 
charges on an unpaid bill starting on the 31st day following the day on 
which the billing was sent. The fact that the fee has been received by 
the Agency, even if not processed, will suffice to stay the accrual of 
interest. Interest will be at the rate prescribed in section 3717 of 
title 31, United States Code, will accrue from the date of the billing.
    (2) Charges for unsuccessful search. The Agency will assess charges 
for time spent searching, even if the Agency fails to locate the records 
or if records located are determined to be exempt from disclosure.
    (3) Aggregating requests. A requester may not file multiple requests 
at the same time, each seeking portions of a document or documents, 
solely in order to avoid payment of fees. When the Agency reasonably 
believes that a requester or, on rare occasions, a group of requesters 
acting in concert, is attempting to break a request down into a series 
of requests for the purpose of evading the assessment of fees, the 
Agency may aggregate any such requests and charge accordingly. The 
Agencies will not aggregate multiple requests on unrelated subjects from 
one requester.
    (4) Advance payments. (i) Advance payment, i.e., payment before work 
is

[[Page 18]]

commenced or continued on a request are not required unless:
    (A) The Agency estimates or determines that allowable charges that a 
requester may be required to pay are likely to exceed $250. Then, the 
Agency shall notify the requester of the likely cost and obtain 
satisfactory assurance of full payment where the requester has a history 
of prompt payment of FOIA fees, or require an advance payment of an 
amount up to the full estimated charges in the case of requesters with 
no history of payment; or
    (B) Where a requester has previously failed to pay a fee charged in 
a timely fashion (i.e. within 30 days of the date of the billing), the 
Agency may require the requester to pay the full amount owed plus any 
applicable interest as provided above, or to demonstrate that he has, in 
fact, paid the fee, and to make an advance payment of the full amount of 
the estimated fee before the Agency begins to process a new request or a 
pending request from that requester.
    (ii) When the Agency acts under paragraph (g)(4)(i) of this section, 
the administrative time limits prescribed in subsection (a)(6) of the 
FOIA (i.e., 10 working days from receipt of initial requests and 20 
working days from receipt of appeals from initial denial, plus 
permissible extensions of these time limits) will begin only after the 
Agency has received fee payments described above.
    (5) Effect of the Debt Collection Act of 1982 (Pub. L. 97-365). The 
Agency will follow those debt collection procedures published in 22 CFR 
part 309 where appropriate, to encourage repayment.

[53 FR 8178, Mar. 14, 1988]



PART 304--CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT--Table of Contents




                           General Provisions

Sec.
304.1  Scope; definitions.

                               Procedures

304.2  Administrative claim; when presented; appropriate Peace Corps 
          Office.
304.3  Administrative claim; who may file.
304.4  Administrative claim; evidence and information to be submitted.
304.5  Investigations.
304.6  Claims investigation.
304.7  Authority to adjust, determine, compromise, and settle claims.
304.8  Limitations on authority.
304.9  Referral to Department of Justice.
304.10  Review of claim.
304.11  Final denial of claim.
304.12  Action on approved claim.

    Authority: 28 U.S.C. 2672; 28 CFR 14.11; secs. 4 and 5(h), 75 Stat. 
612, 22 U.S.C. 2503; E.O. 11041, as amended, 27 FR 7859, 3 CFR 1959-1963 
Comp., page 623; sec. 2(6), State Department Delegation of Authority No. 
85-11A, as amended.

    Source: 34 FR 5840, Mar. 28, 1969, unless otherwise noted.

                           General Provisions



Sec. 304.1   Scope; definitions.

    (a) This subpart applies to claims asserted under the Federal Tort 
Claims Act, as amended, accruing on or after January 18, 1967, for money 
damages against the United States for injury to or loss of property or 
personal injury or death caused by the negligent or wrongful act or 
omission of an officer or employee of the Peace Corps, a person serving 
the Peace Corps under invitational travel orders, or a Peace Corps 
Volunteer or trainee while acting within the scope of his office or 
employment.
    (b) This subpart is not applicable to claims arising in a foreign 
country; it is applicable to claims arising in Puerto Rico and the 
Virgin Islands.
    (c) This subpart is issued subject to and consistent with applicable 
regulations on administrative claims under the Federal Tort Claims Act 
issued by the Attorney General (31 FR 16616; 28 CFR part 14).
    (d) For the purposes of this subpart, the term ``General Counsel'' 
means the General Counsel of the Peace Corps or his designee.

                               Procedures



Sec. 304.2   Administrative claim; when presented; appropriate Peace Corps Office.

    (a) For purposes of this subpart, a claim shall be deemed to have 
been presented when the Peace Corps receives, at a place designated in 
paragraph (b) of this section, an executed

[[Page 19]]

``Claim for Damages or Injury,'' Standard Form 95, or other written 
notification of an incident, accompanied by a claim for money damages in 
a sum certain for injury to or loss of property, for personal injury, or 
for death alleged to have occurred by reason of the incident. A claim 
which should have been presented to the Peace Crops, but which was 
mistakenly addressed to or filed with another Federal agency, is deemed 
to have been presented to the Peace Corps as of the date that the claim 
is received by the Peace Corps. If a claim is mistakenly addressed to or 
filed with the Peace Corps, the Peace Corps shall forthwith transfer it 
to the appropriate Federal agency, if ascertainable, or return it to the 
claimant.
    (b) A claimant shall mail or deliver his claim to the General 
Counsel, Peace Corps, 806 Connecticut Avenue NW., Washington, DC. 20525.



Sec. 304.3   Administrative claim; who may file.

    (a) A claim for injury to or loss of property may be presented by 
the owner of the property, his duly authorized agent, or his legal 
representative.
    (b) A claim for personal injury may be presented by the injured 
person, his duly authorized agent, or his legal representative.
    (c) A claim based on death may be presented by the executor or 
administrator of the decedent's estate, or by any other person legally 
entitled to assert such a claim in accordance with applicable State law.
    (d) A claim for loss wholly compensated by an insurer with the 
rights of a subrogee may be presented by the insurer. Claim for loss 
partially compensated by an insurer with the rights of a subrogee may be 
presented by the insurer or the insured individually, as their 
respective interests appear, or jointly. Whenever an insurer presents a 
claim asserting the rights of a subrogee, he shall present with his 
claim appropriate evidence that he has the rights of a subrogee.
    (e) A claim presented by an agent or legal representative shall be 
presented in the name of the claimant, be signed by the agent or legal 
representative, show the title or legal capacity of the person signing, 
and be accompanied by evidence of his authority to present a claim on 
behalf of the claimant.



Sec. 304.4   Administrative claim; evidence and information to be submitted.

    (a) Personal injury. In support of a claim for personal injury, 
including pain and suffering, the claimant may be required to submit the 
following evidence or information:
    (1) A written report by his attending physician or dentist setting 
forth the nature and extent of the injury, nature and extent of 
treatment, any degree of temporary or permanent disability, the 
prognosis, period of hospitalization, and any diminished earning 
capacity. In addition, the claimant may be required to submit to a 
physical or mental examination by a physician employed or designated by 
the Peace Corps or another Federal agency. A copy of the report of the 
examining physician shall be made available to the claimant upon the 
claimant's written request provided that he has, upon request, furnished 
the report referred to in the first sentence of this paragraph and has 
made or agrees to make available to the Peace Corps any other 
physician's report previously or thereafter made of the physical or 
mental condition which is the subject matter of his claim.
    (2) Itemized bills for medical, dental, and hospital expenses 
incurred, or itemized receipts of payment for such expenses.
    (3) If the prognosis reveals the necessity for future treatment, a 
statement of expected expenses for such treatment.
    (4) If a claim is made for loss of time from employment, a written 
statement from his employer showing actual time lost from employment, 
whether he is a full-or part-time employee, and wages or salary actually 
lost;
    (5) If a claim is made for loss of income and the claimant is self-
employed, documentary evidence showing the amount of earnings actually 
lost.
    (6) Any other evidence or information which may have a bearing on 
either the responsibility of the United States for the personal injury 
or the damages claimed.
    (b) Death. In support of a claim based on death, the claimant may be 
required

[[Page 20]]

to submit the following evidence or information:
    (1) An authenticated death certificate or other competent evidence 
showing cause of death, date of death, and age of the decedent.
    (2) Decedent's employment or occupation at the time of death, 
including his monthly or yearly salary or earnings (if any), and the 
duration of his last employment or occupation.
    (3) Full names, addresses, birth dates, kinship, and marital status 
of decedent's survivors, including identification of those survivors who 
were dependent for support upon decedent at the time of his death.
    (4) Degree of support afforded by decedent to each survivor 
dependent upon him for support at the time of his death.
    (5) Decedent's general physical and mental condition before death.
    (6) Itemized bills for medical and burial expenses incurred by 
reason of the incident causing death, or itemized receipts of payment 
for such expenses.
    (7) If damages for pain and suffering prior to death are claimed, a 
physician's detailed statement specifying the injuries suffered, 
duration of pain and suffering, any drugs administered for pain, and 
decedent's physical condition in the interval between injury and death.
    (8) Any other evidence or information which may have a bearing on 
either the responsibility of the United States for the death or the 
damages claimed.
    (c) Property damage. In support of a claim for injury to or loss of 
property, real or personal, the claimant may be required to submit the 
following evidence or information.
    (1) Proof of ownership.
    (2) A detailed statement of the amount claimed with respect to each 
item of property.
    (3) Two or more itemized written estimates of the cost of such 
repairs and any itemized receipt of payment for necessary repairs.
    (4) A statement listing date of purchase, purchase price, and 
salvage value where repair is not economical.
    (5) Any other evidence or information which may have a bearing on 
either the responsibility of the United States for the injury to or loss 
of property or the damages claimed.



Sec. 304.5   Investigations.

    The Peace Corps may investigate, or the General Counsel may request 
any other Federal agency to investigate, a claim filed under this 
subpart.



Sec. 304.6   Claims investigation.

    (a) When a claim has been filed with the Peace Corps, the General 
Counsel will send a copy of the claim to the head of the office 
concerned and ask him to designate one employee of that office who shall 
act as, and who shall be referred to herein as, the Claims Investigating 
Officer for that particular claim. The Claims Investigating Officer 
shall, with the advice of the General Counsel, where necessary:
    (1) Investigate as completely as is practicable the nature and 
circumstances of the occurrence causing the loss or damage of the 
claimant's property.
    (2) Ascertain the extent of loss or damage to the claimant's 
property.
    (3) Assemble the necessary forms with required data contained 
therein.
    (4) Prepare a brief statement setting forth the facts relative to 
the claim (in the case of motor vehicle accidents, facts should be 
recorded on Standard Form 91-A), a statement whether the claim satisfies 
the requirements of this subpart, and a recommendation as to the amount 
to be paid in settlement of the claim.
    (5) The head of the office concerned will be responsible for 
assuring that all necessary forms, statements, and all supporting papers 
have been procured for the file and will transmit the entire file to the 
General Counsel.



Sec. 304.7   Authority to adjust, determine, compromise, and settle claims.

    The authority to consider, ascertain adjust, determine, compromise, 
and settle claims under section 2672 of title 28, United States Code, 
and this subpart, subject to Sec. 304.8, has been retained by the 
Director of the Peace Corps.



Sec. 304.8   Limitations on authority.

    (a) An award, compromise, or settlement of a claim under section 
2672 of

[[Page 21]]

title 28, United States Code, and this subpart in excess of $25,000 may 
be effected only with the prior written approval of the Attorney General 
or his designee. For the purpose of this paragraph, a principal claim 
and any derivative or subrogated claim shall be treated as a single 
claim.
    (b) An administrative claim may be adjusted, determined, 
compromised, or settled only after consultation with the Department of 
Justice when, in the opinion of the General Counsel:
    (1) A new precedent or a new point of law is involved; or
    (2) A question of policy is or may be involved; or
    (3) The United States is or may be entitled to indemnity or 
contribution from a third party, and the Peace Corps is unable to adjust 
the third party claim; or
    (4) The compromise of a particular claim, as a practical matter, 
will or may control the disposition of a related claim in which the 
amount to be paid may exceed $25,000.
    (c) An administrative claim may be adjusted, determined, 
compromised, or settled only after consultation with the Department of 
Justice when the Peace Corps is informed or is otherwise aware that the 
United States or an officer, employee, agent, or cost-type contractor of 
the United States is involved in litigation based on a claim arising out 
of the same incident or transaction.



Sec. 304.9   Referral to Department of Justice.

    When Department of Justice approval or consultation is required 
under Sec. 304.8, the referral or request shall be transmitted to the 
Department of Justice by the General Counsel pursuant to 28 CFR 14.7 
(1968).



Sec. 304.10   Review of claim.

    (a) Upon receipt of the claim file from the head of the office 
concerned, the General Counsel will ascertain that all supporting papers 
are contained in the file.
    (b) After legal review and recommendation by the General Counsel, 
the Director of the Peace Corps will make a written determination on the 
claim.



Sec. 304.11   Final denial of claim.

    The General Counsel will send notification of the final denial of an 
administrative claim to the claimant, his attorney, or legal 
representative by certified or registered mail. The notification of 
final denial may include a statement of the reasons for the denial and 
shall include a statement that, if the claimant is dissatisfied with the 
Peace Corps action, he may file suit in an appropriate U.S. District 
Court not later than 6 months after the date of mailing of the 
notification.



Sec. 304.12   Action on approved claim.

    (a) Payment of a claim approved under this subpart is contingent on 
claimant's execution of (1) a ``Claim for Damage or Injury,'' Standard 
From 95; and (2) a ``Voucher for Payment,'' Standard Form 1145, as 
appropriate. When a claimant is represented by an attorney, the voucher 
for payment shall designate the claimant and his attorney as copayees, 
and the check shall be delivered to the attorney, whose address shall 
appear on the voucher.
    (b) Acceptance by the claimant, his agent, or legal representative 
of an award, compromise, or settlement made under section 2672 or 2677 
of title 28, United States Code, is final and conclusive on the 
claimant, his agent or legal representative, and any other person on 
whose behalf or for whose benefit the claim has been presented, and 
constitutes a complete release of any claim against the United States 
and against any officer or employee of the Government whose act or 
omission gave rise to the claim, by reason of the same subject matter.



PART 305--ELIGIBILITY AND STANDARDS FOR PEACE CORPS VOLUNTEER SERVICE--Table of Contents




Sec.
305.1  Purpose and general guideline.
305.2  Eligibility.
305.3  Background investigations.
305.4  Selection standards.
305.5  Procedures.

    Authority: Sec. 4(b), 5(a) and 22, 75 Stat. 612, 22 U.S.C. 2504; 
E.O. 12137, May 16, 1979, sec. 601, International Security and 
Development Cooperation Act of 1981; 95 Stat. 1519 at

[[Page 22]]

1540, sec. 417(c)(1), Domestic Volunteer Service Act (42 U.S.C. 
5057(c)(1)).

    Source: 49 FR 38939, Oct. 2, 1984, unless otherwise noted.



Sec. 305.1  Purpose and general guideline.

    This subpart states the requirements for eligibility for Peace Corps 
Volunteer service and the factors considered in the assessment and 
selection of eligible applicants for training and service. In selecting 
individuals for Peace Corps Volunteer service under this subpart, as 
required by section 5(a) of the Peace Corps Act, as amended, ``no 
political test shall be required to be taken into consideration, nor 
shall there be any discrimination against any person on account of race, 
sex, creed, or color.'' Further, in accordance with section 417(c)(1) of 
the Domestic Volunteer Service Act, as amended (42 U.S.C. 5057 (c)(1)) 
the nondiscrimination policies and authorities set forth in section 717 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), title V of the 
Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) and the Age 
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), are also applicable 
to the selection, placement, service and termination of Peace Corps 
Volunteers.



Sec. 305.2  Eligibility.

    In addition to those skills, personal attributes and aptitudes 
required for available Volunteer assignments, the following are the 
basic requirements that an applicant must satisfy in order to receive an 
invitation to train for Peace Corps Volunteer service.
    (a) Citizenship. The applicant must be a citizen of the United 
States or have made arrangements satisfactory to the Office of 
Marketing, Recruitment, Placement and Staging (MRPS) and the Office of 
General Counsel (D/GC) to be naturalized prior to taking the oath 
prescribed for enrollment as a Peace Corps Volunteer. (See section 5[a] 
of the Peace Corps Act, as amended).
    (b) Age. The applicant must be at least 18 years old.
    (c) Medical status. The applicant must, with reasonable 
accommodation, have the physical and mental capacity required of a 
Volunteer to perform the essential functions of the Peace Corps 
Volunteer assignment for which he or she is otherwise eligible, and be 
able to complete an agreed upon tour of service, ordinarily two years, 
without unreasonable disruption due to health problems. In determining 
what is a reasonable accommodation, the Peace Corps may take into 
account the adequacy of local medical facilities. In determining whether 
an accommodation would impose an undue hardship on the operation of the 
Peace Corps, factors to be considered include: (1) The overall size of 
the Peace Corps program with respect to the number of employees and/or 
Volunteers, size of budget, and size and composition of staff at post of 
assignment, (2) the nature and cost of the accommodation, and (3) the 
capacity of the host country agency to which the applicant would be 
assigned to provide any special accommodation necessary for the 
applicant to carry out the assignment.
    (d) Legal status. The applicant must not be on parole or probation 
to any court or have any court established or acknowledged financial or 
other legal obligation which, in the opinion of D/GC and MRPS, cannot be 
satisfied or postponed during the period of Peace Corps service.
    (e) Intelligence background. In accordance with longstanding Peace 
Corps policy, prior employment by any agency of the United States 
Government, civilian or military, or division of such an agency, whose 
exclusive or principle function is the performance of intelligence 
activities; or engaging in intelligence activities or related work may 
disqualify a person from eligibility for Peace Corps service. See 
section 611 of the Peace Corps Manual.
    (f) Marital status. (1) Ordinarily, if an applicant is married or 
intends to marry prior to Peace Corps service, both husband and wife 
must apply and qualify for assignment at the same location. Exceptions 
to this rule will be considered by the Office of Volunteer Placement 
(MRPS/P) under the following conditions:
    (2)(i) Unaccompanied married applicant. In order to qualify for 
consideration for Peace Corps service, a married applicant whose spouse 
does not wish to accompany him/her overseas must provide the Office of 
Placement (MRPS/P) with a notarized letter from

[[Page 23]]

the spouse acknowledging that he or she is aware of the applicant 
spouse's intention to serve as a Peace Corps Volunteer for two years or 
more and that any financial and legal obligations of the applicant to 
his or her spouse can be met during the period of Peace Corps service. 
In determining eligibility in such cases, MRPS/P will also consider 
whether the service of one spouse without the accompaniment of the other 
can reasonably be anticipated to disrupt the applicant spouse's service 
overseas.
    (ii) In addition to satisfying the above requirements, a married 
applicant who is legally, or in fact, separated from his or her spouse, 
must provide MRPS/P with copies of any agreements or other documentation 
setting forth any legal and financial responsibilities which the parties 
have to one another during any period of separation.
    (3) Divorced applicants. Applicants who have been divorced must 
provide MRPS/P with copies of all legal documents related to the 
divorce.
    (g) Dependents. Peace Corps has authority to provide benefits and 
allowances for the dependent children of Peace Corps Volunteers who are 
under the age of 18. However, applicants with dependent children under 
the age of 18 will not be considered eligible for Peace Corps service 
unless MRPS/P determines that the skills of the applicants are essential 
to meet the requirements of a Volunteer project, and that qualified 
applicants without minor dependents are not available to fill the 
assignment.
    (1) Procedures for placing volunteers with children. The placement 
of any couple with dependent children must have the concurrence of the 
appropriate Country and Regional Director.
    (2) If the applicant has any dependents who will not accompany him 
or her overseas, the applicant must satisfy MRPS/P and the General 
Counsel that adequate arrangements have been made for the care and 
support of the dependent during any period of training and Peace Corps 
service; that such service will not adversely affect the relationship 
between the applicant and dependent in such a way as to disrupt his or 
her service; and that he or she is not using Peace Corps service to 
escape responsibility for the welfare of any dependents under the age of 
18.
    (3) Married couples with more than two children or with children who 
are below two years of age are not eligible for Peace Corps service 
except in extraordinary circumstances as approved by the Director of the 
Peace Corps or designee.
    (h) Military service. Applicants with military or national guard 
obligation must provide MRPS/P with a written statement from their 
commanding officer that their presence will not be required by their 
military unit for the duration of their Peace Corps service, except in 
case of national emergency.
    (i) Failure to disclose requested information. Failure to disclose, 
and/or the misrepresentation of material information requested by the 
Peace Corps regarding any of the above described standards of 
eligibility may be grounds for disqualification or separation from Peace 
Corps Volunteer service. (See section 284 of the Peace Corps Manual.)



Sec. 305.3  Background investigations.

    Section 22 of the Peace Corps Act states that to ensure enrollment 
of a Volunteer is consistent with the national interest, no applicant is 
eligible for Peace Corps Volunteer service without a background 
investigation. The Peace Corps requires that all applicants accepted for 
training have as a minimum a National Agency Check. Information revealed 
by the investigation may be grounds for disqualification from Peace 
Corps service.



Sec. 305.4  Selection standards.

    To qualify for selection for overseas service as a Peace Corps 
Volunteer, applicants must demonstrate that they possess the following 
personal attributes:
    (a) Motivation. A sincere desire to carry out the goals of Peace 
Corps service, and a commitment to serve a full term as a Volunteer.
    (b) Productive competence. The intelligence and educational 
background to meet the needs of the individual's assignment.
    (c) Emotional maturity/adaptability. The maturity, flexibility, and 
self-sufficiency to adapt successfully to life in

[[Page 24]]

another culture, and to interact and communicate with other people 
regardless of cultural, social, and economic differences.
    (d) Skills. By the end of training, in addition to the attributes 
mentioned above, a Trainee must demonstrate competence in the following 
areas:
    (1) Language. The ability to communicate in the language of the 
country of service with the fluency required to meet the needs of the 
overseas assignment.
    (2) Technical competence. Proficiency in the technical skills needed 
to carry out the assignment.
    (3) Knowledge. Adequate knowledge of the culture and history of the 
country of assignment to ensure a successful adjustment to, and 
acceptance by, the host country society. The Trainee must also have an 
awareness of the history and government of the United States which 
qualifies the individual to represent the United States abroad.
    (e) Failure to meet standards. Failure to meet any of the selection 
standards by the completion of training may be grounds for deselection 
and disqualification from Peace Corps service.



Sec. 305.5  Procedures.

    Procedures for filing, investigating, and determining allegations of 
discrimination on the basis of race, color, national origin, religion, 
age, sex, handicap or political affiliation in the application of any 
provision of this part are contained in MS 293 (45 CFR part 1225).



PART 306--VOLUNTEER DISCRIMINATION COMPLAINT PROCEDURE--Table of Contents




    Cross Reference: ACTION regulations concerning the volunteer 
discrimination complaint procedure, appearing in 45 CFR part 1225, are 
applicable to Peace Corps volunteers. Part 1225 appears at 46 FR 1609, 
Jan. 6, 1981.



PART 307--PEACE CORPS STANDARDS OF CONDUCT--Table of Contents




                           Subpart A--General

Sec.
307.735-101  Introduction.
307.735-102  Definitions.

      Subpart B--General Conduct and Responsibilities of Employees

307.735-201  Proscribed actions--Executive Order 11222.
307.735-202  General conduct prejudicial to the Government.
307.735-203  Criminal statutory prohibitions--conflict of interest.

       Subpart C--Outside Employment, Activities, and Associations

307.735-301  In general.
307.735-302  Association with potential contractor prior to employment.
307.735-303  Association with Peace Corps contractor or potential 
          contractor while an employee.
307.735-304  Employment after leaving Peace Corps.
307.735-305  Employment with Peace Corps contractor.
307.735-306  Association with non-Peace Corps contractor while a Peace 
          Corps employee.
307.735-307  Gifts, entertainment, and favors.
307.735-308  Economic and financial activities of employees abroad.
307.735-309  Information.
307.735-310  Speeches and participation in conferences.
307.735-311  Partisan political activity.
307.735-312  Use of Government property.
307.735-313  Indebtedness.
307.735-314  Gambling, betting, and lotteries.
307.735-315  Discrimination.
307.735-316  Related statutes and regulations.

    Subpart D--Procedures for Submission by Employees and Review of 
            Statements of Employment and Financial Interests

307.735-401  Submission of statements.
307.735-402  Review of statements.

    Authority: E.O. 11222 of May 8, 1965, 30 FR 6469, 3 CFR 1964-1965, 
Supp. 306; 5 CFR part 735.

    Source: 52 FR 30151, Aug. 13 1987, unless otherwise noted.



                           Subpart A--General



Sec. 307.735-101   Introduction.

    (a) Section 735.101 of title 5 of the Code of Federal Regulations 
requires each agency head to issue his or her agency regulations 
regarding the ethical conduct and other responsibilities of all of its 
employees. All employees are responsible for complying with these 
regulations. One of the main purposes of the regulations in this part is 
to encourage individuals faced with

[[Page 25]]

questions involving subjective judgment to seek counsel and guidance. 
The Designated Agency Ethics Official (DAEO) and Deputy and Alternate 
DAEO in the Office of General Counsel are designated to be the 
counselors for Peace Corps with respect to these matters. They will 
provide authoritative advice and guidance to any Peace Corps employee, 
former employee, or potential employee who seeks it.
    (b) The Peace Corps Committee on Conflict of Interest will review 
and monitor the Agency's policies and procedures on conflict of 
interest. The committee shall consist of the General Counsel, the 
Associate Director for Management, the Director for Compliance, the 
Director of Contracts, the Associate Director for International 
Operations, and the Director's designee, who shall be a nonvoting 
member. Committee membership is not delegable. The Designated and Deputy 
Agency Ethics Officials shall act as advisors to the Committee and shall 
record the Committee's decisions. The Committee, by majority vote, shall 
have the authority to:
    (1) Adopt the procedures necessary to insure the implementation of 
and compliance with the conflict of interest regulations found at 
Secs. 307.735-301 through 307.735-305.
    (2) Issue interpretive opinions or clarifying statements on actual 
or hypothetical situations involving the provisions of Secs. 307.735-301 
through 307.735-305.
    (3) Accept and review reports filed under Sec. 307.735-302(b).
    (4) Grant specific relief from the provisions of Secs. 307.735-303 
through 307.735-305 by a majority vote of the committee, if after due 
consideration the committee finds that:
    (i) No actual conflict of interest exists, and
    (ii) The purpose of the rule would not be served by its strict 
application, and
    (iii) A substantial inequity would otherwise occur. In each such 
case the committee shall issue a written decision setting forth its 
findings as required above. The committee may make any exception subject 
to such conditions and restrictions as it deems appropriate.
    (c) Any violation of the regulations in this part may be cause for 
remedial or disciplinary action. Remedial action may include changes in 
assigned duties, disqualification for a particular assignment, 
divestment of a conflicting interest, and other action as appropriate. 
Violation of those provisions of the regulations in this part which 
reflect legal prohibitions may also entail penalties provided by law.
    (d) This part applies to all employees of Peace Corps. ``Employee'' 
as used in this part includes regular employees, Presidential 
appointees, ``special Government employees,'' experts and consultants 
whether employed on a full-time, part-time, or intermittent basis, and 
Foreign Service National employees (FSNs).



Sec. 307.735-102   Definitions.

    (a) Special Government employee as used herein means a person 
appointed or employed to perform temporary duties for Peace Corps with 
or without compensation, on a full-time, part-time, or intermittent 
basis, for not to exceed 130 days during any period of 365 days.
    (b) Regular Government employee as used herein means any officer or 
employee other than a Special Government employee.
    (c) Organization as used herein includes profit and non-profit 
corporations, associations, partnerships, trusts, sole proprietorships, 
foundations, individuals and foreign, State and local government units.
    (d) Potential Contractor means any organization or individual that 
has submitted a proposal, application, or otherwise indicated in writing 
its intent to apply for or seek a specific contract or other agreement.
    (e) Associated with means:
    (1) That the person is a director of the organization or is a member 
of a board or committee which exercises a recommending or supervisory 
function in connection with a Peace Corps project;
    (2) That the person serves as an employee, officer, owner, trustee, 
partner, consultant, or paid advisor (general membership in an 
organization is not included within the definition of ``associated 
with''; however, because general

[[Page 26]]

membership in an organization doing business with the Peace Corps can 
result in problems of the appearance of conflicts of interest, each such 
general membership should be evaluated by the DAEO);
    (3) That the person, his or her spouse, minor child, or other member 
of his or her immediate household, owns, individually or collectively, 
any voting shares of an organization;
    (4) That the person, his or her spouse, minor child, or other member 
of his or her immediate household, owns, individually or collectively, 
either beneficially or as trustee, a financial interest in an 
organization through stock, stock options, bonds, or other securities, 
or obligations; or
    (5) That a person has a continuing financial interest in an 
organization, such as a bona fide pension plan, valued at $10,000 or 
more, through an arrangement resulting from prior employment or business 
or professional association; or
    (6) That the person's spouse or other member of his or her immediate 
household has a personal or nonpersonal services contract or is employed 
by a Peace Corps contractor and assigned to a Peace Corps contract.

In accordance with the provisions of 18 U.S.C. 208(b) (1) and (2), the 
DAEO may determine that a financial interest under (e)(3) or (4) of this 
section is not so substantial as to affect the integrity of the 
employee's services, or make a blanket determination by a general rule 
published in the Federal Register that certain classes of holdings are 
too remote or inconsequential to affect the integrity of the employee's 
services.
    The term associated with does not include an indirect interest, such 
as ownership of shares in a diversified mutual fund, bank or insurance 
company, which in turn owns an interest in an organization which has, or 
is seeking or is under consideration for a contract or other agreement. 
Such an ``indirect'' interest is hereby determined pursuant to 18 U.S.C. 
208(b)(2) to be too remote to affect the integrity of the employee's 
services.



      Subpart B--General Conduct and Responsibilities of Employees



Sec. 307.735-201   Proscribed actions--Executive Order 11222.

    As provided by the President in Executive Order No. 11222, whether 
specifically prohibited by law or in the regulations in this part, no 
U.S. regular or special Government employees shall take any action which 
might result in, or create the appearance of:
    (a) Using public office or employment for private gain, whether for 
themselves or for another person, particularly one with whom they have 
family, business, or financial ties.
    (b) Giving preferential treatment to any person.
    (c) Impeding Government efficiency or economy.
    (d) Losing complete independence or impartiality.
    (e) Making a Government decision outside official channels.
    (f) Affecting adversely the confidence of the public in the 
integrity of the Government.
    (g) Using Government office or employment to coerce a person to 
provide financial benefit to themselves or to other persons, 
particularly anyone with whom they have family, business or financial 
ties.



Sec. 307.735-202  General conduct prejudicial to the Government.

    An employee may not engage in criminal, infamous, dishonest, 
immoral, or notoriously disgraceful conduct prejudicial to the 
Government (5 CFR 735.209).



Sec. 307.735-203  Criminal statutory prohibitions: Conflict of interest.

    (a) Regular Government employees. Regular employees of the 
Government are subject to the following major criminal prohibitions:
    (1) They may not, except in the discharge of their official duties, 
represent anyone else before a court or Government agency in a matter in 
which the United States is a party or has an interest. This prohibition 
applies to both paid and unpaid representation of another (18 U.S.C. 203 
and 205).

[[Page 27]]

    (2) They may not participate in their governmental capacity in any 
matter in which they, their spouse, minor child, outside business 
associate, or persons with whom they are negotiating for employment have 
a financial interest (18 U.S.C. 208). This restriction shall not apply 
if an employee advises the official responsible for appointment to his 
or her position of the nature and circumstances of the matter, fully 
discloses the financial interest, and receives in advance from the 
appointing official a written determination that the interest is not so 
substantial as to affect the integrity of the Peace Corps.
    (3) They may not, after Government employment has ended, represent 
anyone other than the United States in connection with a particular 
matter in which the United States is a party or has an interest and in 
which they participated personally and substantially for the Government 
(18 U.S.C. 207).
    (4) They may not for 2 years after their Government employment has 
ended, represent anyone other than the United States in connection with 
a matter in which the United States is a party or has an interest and 
which was within the boundaries of their official responsibility during 
their last year of Government service. This temporary restraint gives 
way to the permanent restraint described in paragraph (a)(3) of this 
section if the matter is one in which the employee participated 
personally and substantially (18 U.S.C. 207).
    (5) They may not receive any salary, or supplementation of their 
Government salary, from a private source as compensation for services to 
the Government (18 U.S.C. 209).
    (b) Special Government employees. Special Government employees are 
subject to the following major criminal prohibitions:
    (1) They may not, except in the discharge of official duties, 
represent anyone else before a court or Government agency in a matter in 
which the United States is a party or has an interest and in which they 
have at any time participated personally and substantially for the 
Government (18 U.S.C. 203 and 205).
    (2) They may not, except in the discharge of official duties, 
represent anyone else in a matter pending before the agency they serve 
unless they have served there no more than 60 days during the past 365. 
They are bound by this restraint despite the fact that the matter is not 
one in which they have ever participated personally and substantially 
(18 U.S.C. 205). (See Sec. 307.735-303(b) for additional nonstatutory 
Agency restrictions on a special employee representing any other person 
or organization in a matter pending before the Agency.) The restrictions 
described in paragraphs (b) (1) and (2) of this section apply to both 
paid and unpaid representation of another.
    (3) They may not participate in their governmental capacity in any 
matter in which they, their spouse, minor child, outside business 
associate, or persons with whom they are negotiating for employment have 
a financial interest (18 U.S.C. 208).
    (4) They may not, after their Government employment has ended, 
represent anyone other than the United States in connection with a 
particular matter in which the United States is a party or has an 
interest and in which they participated personally and substantially for 
the Government (18 U.S.C. 207).
    (5) They may not, for 2 years after their Government employment has 
ended, represent anyone other than the United States in connection with 
a matter in which the United States is a party or has an interest and 
which was within the boundaries of their official responsibility during 
their last year of Government service. This temporary restraint gives 
way to the permanent restriction described in paragraph (b)(4) of this 
section if the matter is one in which they participated personally and 
substantially (18 U.S.C. 207).
    (c) Senior Employees. Employees in positions for which the basic 
rate of pay is specified in subchapter II of chapter 53 of title 5, 
United States Code (Executive Schedule Pay Rates), or a comparable or 
greater rate of pay under other authority; and employees in positions 
which involve significant decision-making or supervisory responsibility 
for which the basic rate of pay is equal to or greater than the basic 
rate of pay for GS-17 (FE-2), are Senior Employees.

[[Page 28]]

    (1) Senior Employees are subject to the criminal conflict-of-
interest statutes at 18 U.S.C. 203, 205, 207 (a), (b), and (c), 208 and 
209. Within 2 years after his or her employment has ceased, no Senior 
Employee may knowingly represent or aid, counsel, advise, consult, or 
assist in representing any other person (except the United States) by 
personal presence at any formal or informal appearance before:
    (i) Any department, agency, or court, or any officer or employee 
thereof,
    (ii) In connection with any judicial or other proceeding, 
application, request for a ruling or other determination, contract, 
claim, controversy, investigation, charge, accusation, or other 
particular matter involving a specific party or parties in which the 
United States or the District of Columbia is a party or has a direct and 
substantial interest, and
    (iii) In which he or she participated personally and substantially 
as an officer or employee.
    (2) Any Senior Employee, other than a special Government employee 
who serves for less than 60 days in a calendar year, who, within one 
year after his or her employment has ceased, knowingly acts as an agent 
or attorney for, or otherwise represents, anyone other than the United 
States in any formal or informal appearance before, or, with the intent 
to influence, makes any oral or written communication on behalf of 
anyone other than the United States, to
    (i) The Peace Corps, or any of its officers or employees,
    (ii) In connection with any judicial, rulemaking, or other 
proceeding, application, request for a ruling or other determination, 
contract, claim, controversy, investigation, charge, accusation, or 
other particular matter, and
    (iii) Which is pending before the Peace Corps or in which the Peace 
Corps has a direct and substantial interest shall be fined not more than 
$10,000, or imprisoned for not more than 2 years, or both.



       Subpart C--Outside Employment, Activities, and Associations



Sec. 307.735-301  In general.

    (a) There is no general prohibition against Peace Corps employees 
holding outside employment, including teaching, lecturing, or writing, 
but no employee may engage in outside employment or associations if they 
might result in a conflict or an appearance of conflict between the 
private interests of the employee and his or her official 
responsibility. As provided in 5 CFR 735.203(a), incompatible activities 
include, but are not limited to, acceptance of a fee or anything of 
monetary value when acceptance may result in an actual or apparent 
conflict of interest, and outside employment which tends to impair the 
employee's mental or physical capacity to perform Government duties and 
responsibilities in an acceptable manner. Any employee planning to 
engage in outside employment shall so notify his or her supervisor and 
the DAEO of the name of the proposed employer and the nature of the 
proposed duties. The DAEO will acknowledge receipt of this information 
to the employee and supervisor. If the DAEO believes that the 
information raises a question of conflict of interest, the DAEO shall 
submit the information for review and resolution to the Committee on 
Conflict of Interest in accordance with Sec. 307.735-101.
    (b) An employee shall not receive any salary or anything of monetary 
value from a private source as compensation for his or her services to 
the Government (18 U.S.C. 209).
    (c) An employee shall not have a direct or indirect financial 
interest that conflicts substantially or appears to conflict 
substantially with his or her Government duties and responsibilities. 
Nor may an employee engage in, directly or indirectly, a financial 
transaction as a result of or primarily relying on information obtained 
through his or her Government employment.

[[Page 29]]



Sec. 307.735-302  Association with potential contractor prior to employment.

    (a) No employee, or any person subject to his or her supervision, 
may participate in the decision to award a contract to an organization 
with which that employee has been associated in the past 2 years. When 
an employee becomes aware that such an organization is under 
consideration for or has applied for a contract with the Agency, the 
employee shall notify his or her immediate supervisor in writing. The 
supervisor shall take whatever steps are necessary to exclude the 
employee from all aspects of the decision processes regarding the 
contract or agreement.
    (b) When the Director, Deputy Director, or an Associate Director 
becomes aware that an organization with which he or she has been 
associated in the past 2 years is under consideration for or has applied 
for a contract with the Agency, he or she shall refrain from 
participating in the decision process and immediately notify the 
Director of the Office of Compliance, who shall select an independent 
third party, not in any way connected or associated with the concerned 
official. The third party shall participate in and review the decision 
process to the extent he or she deems necessary to insure objectivity 
and the absence of favoritism. Said third party shall preferably be a 
person experienced in the area of government contracts. The third party 
shall file a report in writing with the Committee on Conflict of 
Interest stating his or her conclusions, observations, or objections, if 
any, to the decision process concerning the contract or agreement, which 
document shall be attached to and become a part of the official file.



Sec. 307.735-303  Association with Peace Corps contractor or potential contractor while an employee.

    (a) No regular employee may be associated with any Peace Corps 
contractor or potential contractor. Any organization that is associated 
with a regular employee shall be suspended from consideration as a 
contractor.
    (b) No regular or special employee, except in his or her official 
capacity as a Peace Corps employee, shall either participate in any way 
on behalf of any organization in the preparation or development of a 
contract proposal involving Peace Corps or represent any other 
organization in a matter pending before Peace Corps. In the event that a 
regular or special employee participates while an employee of Peace 
Corps in any aspect of the development of a contract or agreement 
proposal on behalf of an organization, or represents another 
organization in a matter pending before Peace Corps, that organization 
shall be suspended from consideration for the contract or other 
agreement. If the employee's prohibited participation is discovered 
after award of the contract, appropriate disciplinary action shall be 
taken, including, but not limited to, the placement of a letter 
describing the violation in the employee's official personnel file.
    (c) No regular or special employee who, prior to his or her 
employment at Peace Corps, participated in the development of a contract 
or other agreement proposal on behalf of another organization, shall 
participate as a Peace Corps employee in any aspect of the decision 
process regarding that contract or other agreement, or, if the contract 
or other agreement is awarded, in any oversight or management capacity 
in relation to that contract or other agreement. In addition, any such 
contract or other agreement shall only be awarded through a competitive 
process. In the event a regular or special employee who participated in 
the development of the contract or other agreement proposal prior to 
being employed at Peace Corps does participate as a Peace Corps employee 
in the decision process for such contract or other agreement, the 
organization shall be suspended from consideration.
    (d) If a special employee participates as an employee of Peace Corps 
in any aspect of the development of a proposal, whether or not such 
participation is minimal or substantial, any organization with which he 
or she is associated shall be suspended from consideration for the 
contract or other agreement.
    (e) If an organization with which a special employee is associated 
submits a proposal for a contract or other agreement, and the special 
employee

[[Page 30]]

did not participate either as an employee of Peace Corps or an associate 
of the organization in any aspect of the proposal or the application 
therefor, the matter shall be referred to the Committee on Conflict of 
Interest for determination. The Committee shall consider the following 
factors and any others it deems relevant:
    (1) The nature, length, and origin of the special employee's 
relationship with the Agency, the nature and scope of the employee's 
duties and responsibilities, the division or office to which the 
employee is assigned, and whether the employee's duties are in any way 
related to the proposed contract or other agreement.
    (2) The nature, length, and type of the employee's relationship with 
the organization, whether the employee's position involves policy making 
or supervision of other employees and the relationship of the position 
with the organization to the work to be performed under the proposed 
contract or other agreement.
    (3) Whether awarding the contract or other agreement to the 
organization would result in the appearance of or the potential for a 
conflict of interest.
    (4) The process to be used in awarding the contract or other 
agreement.
    (f) If a special employee wishes to become or remain associated with 
a Peace Corps contractor while he or she is an employee of Peace Corps, 
subject to the restrictions (b) through (e) of Sec. 307.735-303, the 
matter shall be referred to the Committee on Conflict of Interest for 
determination. The Committee shall consider the following factors and 
any others it deems relevant:
    (1) The nature, length, and origin of the special employee's 
relationship with the Agency, the nature and scope of the employee's 
duties and responsibilities, the division or office to which the 
employee is assigned, and whether the employee's duties are in any way 
related to the contract or other agreement.
    (2) The nature, length, and type of the employee's relationship with 
the organization, whether the employee's position involves policymaking 
or supervision of other employees and the relationship of the position 
with the organization to the work to be performed under the proposed 
contract or other agreement.
    (3) Whether such a relationship would result in the appearance of or 
the potential for a conflict of interest.
    (g) Any suspension involving proposed contracts under this rule 
shall be in accordance with procedures set forth in the applicable 
Federal Acquisition Regulation, FAR 9.4.



Sec. 307.735-304  Employment after leaving Peace Corps.

    (a) Employees may negotiate for prospective employment with non-
Federal Government organizations only when they have no duties as Peace 
Corps employees which could affect that organization's interest, or 
after they have disqualified themselves, on the written permission of 
their supervisor, from such duties.
    (b) For 1 year after leaving Peace Corps, no regular or special 
employee may serve pursuant to a personal or nonpersonal services 
contract or other agreement or accept employment with a Peace Corps 
contractor for a position in which he or she would be working in any 
activity supported in whole or in part by Peace Corps funds received 
under a Peace Corps program which was within the boundaries of the 
employee's official responsibility or in which he or she participated 
personally while employed at Peace Corps. This 1-year ban shall not 
apply to those overseas employees whose positions are converted to 
personal services contracts at the convenience of the Peace Corps as 
determined jointly by the Associate Directors for International 
Operations and Management.
    (c) If, within 1 year after leaving Peace Corps, an individual 
accepts employment in violation of this rule, Peace Corps will disallow 
the costs allocated under the contract or other agreement for that 
position. In addition, a letter describing the violation will be placed 
in the personnel files of the former employee and the requiring office 
current or former staff member(s) responsible for issuing an individual 
personal or non-personal services contract.

[[Page 31]]



Sec. 307.735-305  Employment with Peace Corps contractor.

    An employee of a Peace Corps contractor who is compensated directly 
or indirectly from Peace Corps funds will be ineligible to be 
compensated under any personal or nonpersonal services contract with 
this Agency which will result in the employee being paid twice for the 
same time or product.



Sec. 307.735-306  Association with non-Peace Corps contractor while a Peace Corps employee.

    (a) Teaching, lecturing, and writing--(1) Use of information. An 
employee shall not, either for or without compensation, engage in 
teaching, lecturing, or writing that is dependent on information 
obtained as a result of his or her Government employment, except when 
that information has been or on request will be made available to the 
general public or when the agency head gives advance written 
authorization for the use of nonpublic information on the basis that the 
proposed use is in the public interest.
    (2) Compensation. No employee may accept compensation or anything of 
value for any lecture, discussion, writing, or appearance, the subject 
matter of which is devoted substantially to the Peace Corps programs or 
which draws substantially on official data or ideas which have not 
become part of the body of public information.
    (3) Clearance of publications. No employee may submit for 
publication any writing, other than recruiting information, the contents 
of which are devoted to the Peace Corps programs or to any other matter 
which might be of official concern to the U.S. Government without in 
advance clearing the writing with the Director of Public Affairs. Before 
clearing any such writing, the Director of Public Affairs will consult 
with the appropriate Peace Corps office.
    (b) State and local government employment. Regular employees may not 
hold office or engage in outside employment under a State or local 
government except with prior approval of the General Counsel, Peace 
Corps.
    (c) All employees not required by Sec. 307.735-401 to report their 
outside employment and financial interests shall inform their 
supervisors of all outside paid and unpaid employment they hold or 
accept.
    (d) Employees in positions classified at the FP-1 or above levels 
who intend to engage in outside employment shall notify the DAEO in 
writing of the nature of their duties and the name and address of the 
organization for which or the individual for whom they will work. The 
notification will be made annually by June 30, with additions or 
deletions submitted as they occur.



Sec. 307.735-307  Gifts, entertainment, and favors.

    (a) From donors dealing with Peace Corps. (1) No regular or special 
employees may solicit or accept, directly or indirectly, for themselves, 
for any member of their family, or for any person with whom they have 
business or financial ties, any gift, gratuity, favor, entertainment, or 
loan or any other thing of value, from any individual or organization 
which:
    (i) Has, or is seeking to obtain, contractual or other business or 
financial relations with Peace Corps;
    (ii) Has interests that may be substantially affected by the 
performance or nonperformance of the employee's official responsibility;
    (iii) It is any way attempting to affect the employee's exercise of 
his or her official responsibility; or
    (iv) Conducts operations or activities that are regulated by Peace 
Corps.
    (2) Paragraph (a)(1) of this section does not prohibit, even if the 
donor has dealings with Peace Corps:
    (i) Acceptance of things of value from parents, children, or spouse 
if those relationships rather than the business of the donor is the 
motivating factor for the gift;
    (ii) Acceptance of food and refreshments of nominal value on 
infrequent occasions in the ordinary course of breakfast, luncheon, or 
dinner meetings or other meetings;
    (iii) Solicitation and acceptance of loans from banks or other 
financial institutions to finance proper and usual activities of 
employees, such as home mortgage loans, solicited and accepted on 
customary terms;
    (iv) Acceptance on behalf of minor dependents of fellowships, 
scholarships,

[[Page 32]]

or educational loans awarded on the basis of merit and/or need;
    (v) Acceptance of awards for meritorious public contribution or 
achievement given by a charitable, religious, professional, social, 
fraternal, nonprofit educational and recreational, public service, or 
civic organization.
    (3) Regular or special employees need not return unsolicited 
advertising or promotional material, such as pens, pencils, note pads, 
calendars, and other things of nominal intrinsic value.
    (b) From other Peace Corps employees. No employees in superior 
official positions may accept any gifts presented as contributions from 
employees in lower grades. No employees shall solicit contributions from 
other employees for a gift to an employee in a superior official 
position, nor shall any employees make a donation as a gift to an 
employee in a superior official position. However, this paragraph does 
not prohibit a voluntary gift of nominal value or donation in a nominal 
amount made on a special occasion such as marriage, illness, or 
retirement.
    (c) From foreign governments. No regular employee may solicit or, 
without the consent of the Congress, receive any present, decoration, 
emolument, pecuniary favor, office, title, or any other gift from any 
foreign government. See 5 U.S.C. 7342; Executive Order 11320; and 22 CFR 
part 3.
    (d) Gifts to Peace Corps. Gifts to the United States or to Peace 
Corps may be accepted in accordance with section 10(a)(4) of the Peace 
Corps Act and Peace Corps Manual section 721.
    (e) Reimbursement for expenses. Neither this section nor 
Sec. 307.735-310(a) precludes an employee from receipt of bona fide 
reimbursement, unless prohibited by law, for expenses of travel and such 
other necessary subsistence as is compatible with this part and for 
which no Government payment or reimbursement is made. An employee may 
personally accept reimbursement from organizations that qualify for tax-
deductible contributions under section 501(c)(3) of the Internal Revenue 
Code. However, this paragraph does not allow an employee to be 
reimbursed, or payment to be made on his or her behalf, for excessive 
personal living expenses, gifts, entertainment, or other personal 
benefits. Nor does it allow an employee to receive non-Government 
reimbursement of travel expenses for travel on official business under 
Peace Corps orders; but rather, such reimbursement, if any, should be 
made to Peace Corps and amounts received should be credited to its 
appropriation. If an employee receives accommodations, goods, or 
services in kind from a non-Government source, this item or items will 
be treated as a donation to Peace Corps and an appropriate reduction 
will be made in per diem or other travel expenses payable.



Sec. 307.735-308  Economic and financial activities of employees abroad.

    (a) Prohibitions in any foreign country. A U.S. citizen employee 
abroad is specifically prohibited from engaging in the activities listed 
below in any foreign country:
    (1) Speculation in currency exchange;
    (2) Transactions at exchange rates differing from local legally 
available rates, unless such transactions are duly authorized in advance 
by the agency;
    (3) Sales to unauthorized persons whether at cost or for a profit of 
currency acquired at preferential rates through diplomatic or other 
restricted arrangements;
    (4) Transactions which entail the use, without official sanction, of 
the diplomatic pouch;
    (5) Transfers of funds on behalf of blocked nationals, or otherwise 
in violation of U.S. foreign funds and assets control;
    (6) Independent and unsanctioned private transactions which involve 
an employee as an individual in violation of applicable control 
regulations of foreign governments;
    (7) Acting as an intermediary in the transfer of private funds for 
persons in one country to persons in another country, including the 
United States;
    (8) Permitting use of one's official title in any private business 
transactions or in advertisements for business purposes.
    (b) Prohibitions in country of assignment. (1) A U.S. citizen 
employee shall not transact or be interested in any business or engage 
for profit in any profession or undertake other gainful

[[Page 33]]

employment in any country or countries to which he or she is assigned or 
detailed in his or her own name or through the agency of any other 
person.
    (2) A U.S. citizen employee shall not invest in real estate or 
mortgages on properties located in his or her country of assignment. The 
purchase of a house and land for personal occupancy is not considered a 
violation of this subparagraph.
    (3) A U.S. citizen employee shall not invest money in bonds, shares, 
or stocks of commercial concerns headquartered in his or her country of 
assignment or conducting a substantial portion of business in such 
country. Such investments, if made prior to knowledge of assignment or 
detail to such country or countries, may be retained during such 
assignment or detail.
    (4) A U.S. citizen employee shall not sell or dispose of personal 
property, including automobiles, at prices producing profits which 
result primarily from import privileges derived from his or her official 
status as an employee for the U.S. Government.



Sec. 307.735-309  Information.

    (a) Release of information to the press. (1) Regular or special 
employees shall not withhold information from the press or public unless 
that information is classified or administratively controlled (limited 
official use). All responses to requests for information from the press 
should be referred to the Director of Public Affairs who will be 
responsible for all releases. Regular and special employees should be 
certain that information given to the press and public is accurate and 
complete.
    (2) Any questions as to the classification or administrative control 
of information should be referred to the DAEO.
    (3) No regular or special employee may record by electronic or other 
divice any telephone or other conversation, or listen in on any 
telephone conversation without the consent of all parties thereto.
    (b) Disclosure and misuse of inside information. No employee may, 
directly or indirectly, disclose or use for his or her own benefit, or 
for the private benefit of another, inside information as described in 
paragraph (c) of this section. The use of such information by an 
employee is restricted to the proper performance of his or her official 
duties. The disclosure of such information is restricted to official 
Peace Corps channels unless disclosure is authorized by the Director, 
the Deputy Director, the General Counsel, or an Associate Director of 
Peace Corps. In particular, no employee may:
    (1) Engage in, directly or indirectly, a financial transaction as a 
result of or primarily relying on such information; or
    (2) Publish any book or article, or deliver any speech or lecture, 
based on or using such information.
    (c) Definition. The term inside information as used in this section 
means, generally, information obtained under Government authority which 
has not been made available to the general public and which could affect 
the rights or interests of the Government or of a non Government 
organization or person. Such information includes information about 
Peace Corps operations or administration, and personnel which could 
influence someone's dealing with Peace Corps.
    (d) This section is not intended to discourage the disclosure 
through proper channels of information which has been or should be made 
public, or which is by law to be made available to the public. Also, 
employees are encouraged to teach, lecture, and write, provided they do 
so in accordance with the provisions of this section and Secs. 307.735-
301 and 307.735.306.



Sec. 307.735-310  Speeches and participation in conferences.

    (a) Fees and expenses. (1) Although an employee may not accept a fee 
for his or her own use or benefit for making a speech, delivering a 
lecture, or participating in a discussion if the subject is Peace Corps 
or Peace Corps programs or if such services are part of the employee's 
official Peace Corps duties, the employee may suggest that the amount 
otherwise payable as a fee or honorarium be contributed to Peace Corps 
under the authority of section 10(a)(4) of the Peace Corps Act.

[[Page 34]]

    (2) When a meeting, discussion, etc., to which paragraph (a)(1) of 
this section refers takes place at a substantial distance from the 
employee's home, he or she may accept reimbursement for the actual cost 
of transportation and necessary subsistence, or expenses, but in no case 
shall he or she receive any amount for personal benefit. Such 
reimbursements shall be reported by the employee to his or her immediate 
supervisors.
    (3) An employee may accept fees for speeches, etc. dealing with 
subjects other than Peace Corps or Peace Corps programs when no official 
funds have been used in connection with his or her appearance and such 
activities do not interfere with the efficient performance of his or her 
duties.
    (4) In order to avoid even the appearance of a conflict of interest, 
whether or not a fee is offered should not be determinative of whether 
an employee makes a speech or participates in a discussion if the 
subject is Peace Corps or its programs, or if such services are part of 
the employee's official duties.
    (b) Racial segregation. No employee may participate for Peace Corps 
in conferences or speak for Peace Corps before audiences where any 
racial group has been segregated or excluded from the meeting, from any 
of the facilities or conferences, or from membership in the organization 
sponsoring the conference or meeting.
    (1) When a request for Peace Corps speakers or participation is 
received under circumstances where segregation may be practiced, the 
Director of Public Affairs shall make specific inquiry as to the 
practices of the organization before the request is filled.
    (2) If the inviting organization shows a willingness to modify its 
practices, Peace Corps will cooperate in such efforts.
    (3) Exceptions to this paragraph may be made only by the Director, 
Peace Corps and in his or her discretion.



Sec. 307.735-311  Partisan political activity.

    (a) Prohibited activities. No employee may:
    (1) Use his or her official authority or influence for the purpose 
of interfering with an election or affecting the result thereof; or
    (2) Take any active part in partisan political management or in 
political campaigns, except as may be provided by or pursuant to 
statute, 5 U.S.C. 7324.
    (b) Intermittent employees. Persons employed on an irregular or 
occasional basis are subject to paragraph (a) of this section only while 
in active duty status and for the 24 hours of any day of actual 
employment.
    (c) Excepted activities. Paragraph (a) of this section does not 
apply to:
    (1) Nonpartisan campaigns and elections in which none of the 
candidates is to be nominated by or elected as representing a national 
or State political party, such as most school board elections; or
    (2) Political activities connected with questions of public interest 
which are not specifically identified with national or State political 
parties, such as constitutional amendments, referenda, and the like (5 
U.S.C. 7326).
    (d) Excepted communities. Paragraph (a) of this section does not 
apply to employees who are residents of certain communities. These 
communities, which have been designated by the Office of Personnel 
Policy and Operations (5 CFR 733.301), consist of a number of 
communities in suburban Washington, DC, and a few communities elsewhere 
in which a majority of the voters are Government employees. Employees 
who are residents of the designated communities may be candidates for, 
or campaign for others who are candidates for, local office if they or 
the candidates for whom they are campaigning are running as independent 
candidates. An employee may hold local office only in accordance with 
Secs. 307.735-301 through 307.735-306 relating to outside employment and 
associations.
    (e) Special Government employees are subject to the statute for the 
24 hours of each day or which they do any work for the Government.
    (f) While regular employees may explain and support governmental 
programs that have been enacted into law, in exercising their official 
responsibilities they should not publicly support or oppose pending 
legislation, except in testimony required by the Congress.

[[Page 35]]



Sec. 307.735-312  Use of Government property.

    A regular or special employee shall not directly or indirectly use, 
or allow the use of, Government property of any kind, including property 
leased to the Government for other than officially approved activities. 
All employees have a positive duty to protect and conserve Government 
property, including equipment, supplies, and other property entrusted or 
issued to them. By law, penalty envelopes may be used only for official 
U.S. Government mail.



Sec. 307.735-313  Indebtedness.

    Peace Corps considers the indebtedness of its employees to be a 
matter of their own concern and will not function as a collection 
agency. Nevertheless, a regular or special employee shall pay each just 
financial obligation in a proper and timely manner, especially one 
imposed by law such as Federal, State, or local taxes. For the purpose 
of this section, a ``just financial obligation'' means one acknowledged 
by the employee or reduced to judgment by a court, or one imposed by law 
such as Federal, State or local taxes, and ``in a proper and timely 
manner'' means in a manner which the agency determines does not, under 
the circumstances, reflect adversely on the Government as his or her 
employer. In the event of a dispute between an employee and an alleged 
creditor, this section does not require Peace Corps to determine the 
validity or amount of the disputed debt.



Sec. 307.735-314  Gambling, betting, and lotteries.

    A regular or special employee shall not participate, while on 
Government owned or leased property or while on duty for the Government 
in any gambling activity, including the operation of a gambling device, 
in conducting a lottery or pool, in a game for money or property, or in 
selling or purchasing a numbers slip or ticket.



Sec. 307.735-315  Discrimination.

    No regular or special employee may make inquiry concerning the race, 
political affiliation, or religious beliefs of any employee or applicant 
in connection with any personnel action and may not practice, threaten, 
or promise any action against or in favor of an employee or applicant 
for employment because of race, color, religion, sex, age, or national 
origin and in the competitive service on the basis of politics, marital 
status, or physical handicap.



Sec. 307.735-316  Related statutes and regulations.

    Each employee should be aware of the following related statutes and 
regulations:
    (a) House Concurrent Resolution 175, 85th Congress, 2nd Session, 72A 
Stat. B12, the ``Code of Ethics for Government Service.''
    (b) The prohibition against lobbying with appropriated funds (18 
U.S.C. 1913).
    (c) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 
18 U.S.C. 1918).
    (d) The prohibition against accepting honoraria of more than $2,000 
per speech, appearance, or article (2 U.S.C. 441i).
    (e) The prohibitions against: (1) The disclosure of classified 
information (18 U.S.C. 798, 50 U.S.C. 783), and (2) the disclosure of 
confidential information (18 U.S.C. 1905).
    (f) The provisions relating to the habitual use of intoxicants to 
excess (5 U.S.C. 7352).
    (g) The prohibition against the misuse of a Government vehicle (31 
U.S.C. 638a(c)).
    (h) The prohibition against the misuse of the franking privilege (18 
U.S.C. 1719).
    (i) The prohibition against the use of deceit in an examination or 
personnel action in connection with Government employment (18 U.S.C. 
1917).
    (j) The prohibitions against fraud or false statements in a 
Government matter and filing false claims (18 U.S.C. 1001 and 287).
    (k) The prohibition against mutilating or destroying a public record 
(18 U.S.C. 2071).
    (l) The prohibition against counterfeiting and forging 
transportation requests (18 U.S.C. 508).
    (m) The prohibitions against: (1) Embezzlement of Government money 
or property (18 U.S.C. 641); (2) failing to account for public money (18 
U.S.C.

[[Page 36]]

643); and (3) embezzlement of the money or property of another person in 
the possession of an employee by reason of his or her employment (18 
U.S.C. 654).
    (n) The prohibition against unauthorized use of documents relating 
to claims from or by the Government (18 U.S.C. 285).
    (o) The prohibitions against political activities in subchapter III 
of chapter 73 of title 5, United States Code, and 18 U.S.C. 602, 603, 
and 607.
    (p) The prohibition against gifts to employees' superiors and the 
acceptance thereof (5 U.S.C. 7351).
    (q) Chapter 11 of title 18, United States Code, relating to bribery, 
graft, and conflicts of interest, which is specifically applicable to 
special Government employees as well as to regular employees.
    (r) The prohibition against accepting gifts from foreign governments 
(5 U.S.C. 7342).
    (s) The prohibition against an employee acting as the agent of a 
foreign principal registered under the Foreign Agents Registration Act 
(18 U.S.C. 219).
    (t) The prohibition against appointing or advocating the appointment 
of a relative to a position within the Agency (5 U.S.C. 3110).
    (u) The prohibition against postemployment conflicts of interest (18 
U.S.C. 207).



    Subpart D--Procedures for Submission by Employees and Review of 
            Statements of Employment and Financial Interests



Sec. 307.735-401  Submission of statements.

    (a) Officials and employees occupying positions classified at the 
FE-3 level and above are required by title II of the Ethics in 
Government Act of 1978, as amended, title II of Pub. L. 95-521, to file 
annual Executive Personnel Financial Disclosure Reports. They need not 
also file the statement of employment and financial interests required 
by the following provisions.
    (b)(1) Regulations of the Office of Personnel Policy and Operations 
(5 CFR part 735) require Peace Corps to adopt regulations providing for 
the submission of statements of employment and financial interests from 
certain regular employees and all special employees.
    (2) All special employees and those regular employees occupying 
positions described in paragraph (c) of this section shall complete 
statements of employment and financial interests and submit them to the 
DAEO not later than 5 days prior to entrance on duty. The Director of 
Personnel Policy and Operations shall be responsible for supplying all 
new employees with the necessary forms prior to their initial 
employment, extensions, or reappointments.
    (3) The initial statement of employment and financial interests 
shall include information on organizations with which the employee was 
associated during the 2 years prior to his or her employment by Peace 
Corps, as well as information about current associations. Special 
employees shall also indicate to the best of their knowledge which 
organizations listed currently on their forms have contracts with or are 
applying for contracts with the Peace Corps. If any information required 
to be included on the statement, including holdings placed in trust, is 
not known to an employee but is known to another person, he or she is 
required to request that other person to submit information on his or 
her behalf.
    (4) Current employees shall file a statement on or before June 30 
each year. The Director of Personnel Policy and Operations shall be 
responsible for insuring that statements are distributed to all affected 
employees. Notwithstanding the filing of the annual report required by 
this paragraph each employee shall at all times avoid acquiring a 
financial interest that could result, or taking an action that would 
result, in a conflict of interest and a violation of the conflict-of-
interest provisions of section 208 of title 18, United States Code, or 
the conflict-of-interest provisions of this part.
    (5) In the case of temporary summer employees hired at FP-7 or 
equivalent and below to perform duties other than those of an expert or 
consultant, the reporting requirement will be waived. It may also be 
waived by the Director of Personnel Policy and Operations

[[Page 37]]

with respect to other appointments, except as experts or consultants, 
upon a finding that the duties of the position held by the special 
Government employee are of a nature and at such a level of 
responsibility that the reporting of employment and financial interests 
is not necessary to protect the integrity of the Government.
    (6) Regular or special employees are not required to submit in a 
statement of employment and financial interests any information about 
their connection with or interest in a professional society or a 
charitable, religious, social, fraternal, recreational, public service, 
civic, or political organization not conducted as a business enterprise. 
For this purpose, any organizations doing work involving or potentially 
involving contracts with the Government are considered business 
enterprises and are required to be included in a regular or special 
employee's statement of employment and financial interests.
    (7) The statements of employment and financial interests required 
are in addition, and not in substitution for or in derogation of, any 
similar requirement imposed by law, order, or regulation. The submission 
of a statement by an employee does not permit him or her or any other 
person to participate in a matter in which his or her or other persons' 
participation is prohibited by law, order, or regulations.
    (8) A regular employee who believes that his or her position has 
been improperly included under Peace Corps regulations as one requiring 
the submission of a statement of employment and financial interests 
shall be given an opportunity for review through Peace Corps' grievance 
procedures to determine whether the position has been improperly 
included.
    (c) Statements shall be submitted by employees who are engaged in 
any aspect of Government contracting or procurement activities 
including, but not limited to, the planning, design, award, monitoring, 
and evaluation of Peace Corps procurement of goods and services; and by 
all special employees (expert and consultants).



Sec. 307.735-402  Review of statements.

    (a) The DAEO shall review all statements and forward the names of 
all listed organizations to the Director of Contracts. In addition, if 
the information provided in the statement indicates on its face a real, 
apparent, or potential conflict of interest under Secs. 307.735-301 
through 307.735-305 of these standards, the DAEO will review the 
situation with the particular employee. If the DAEO and the employee are 
unable to resolve the conflict to the DAEO's satisfaction, or if the 
employee wishes to request an exception to any of the above enumerated 
rules, the case will be referred to the Committee on Conflict of 
Interest. The Committee is authorized to recommend appropriate remedial 
action to the Director, who is authorized to take such action as may 
include, but is not limited to, changing assigned duties, requiring the 
employee or special employee to divest himself of a conflicting 
interest, taking disciplinary action, or disqualifying or accepting the 
self-disqualification of the employee or special employee for a 
particular assignment.
    (b) The Contracts Division shall maintain a list of all the 
organizations with which employees are or have been associated, as well 
as a list of all current contractors with the Agency. The list of 
organizations shall include the names of all employees associated with 
the identified organizations. When names of organizations with which new 
employees are or have been associated are submitted to the Contracts 
Office, they shall be checked against the list of current contractors. 
Similarly, before any new contracts are awarded, the names of the 
potential contractors will be checked against the master list of 
organizations with which employees are or have been associated. Any 
real, apparent, or potential conflicts which come to light as a result 
of these cross checks will be referred to the DAEO for review. The DAEO 
will proceed as in paragraph (a) of this section, referring the matter 
to the Committee on Conflict of Interest if necessary.
    (c) Whenever an organization submits a proposal or application or 
otherwise indicates in writing its intent to apply for or seek a 
specific contract, the Peace Corps Contracts Division shall

[[Page 38]]

immediately forward a copy of the relevant sections of the Agency 
standards of conduct to that organization.
    (d) Whenever a regular or special employee begins or terminates his 
or her employment with Peace Corps, the Office of Personnel Policy and 
Operations shall provide that employee with a copy of the rules found in 
Sec. 307.735-304 restricting a person's employment after leaving Peace 
Corps. Personnel shall also notify the DAEO when an employee terminates. 
One year after the date of termination the DAEO will instruct the 
Contracts Office to remove from the master list any organizations with 
which the terminated employee was associated unless other current 
employees are associated with those organizations. Six years after the 
date of termination the DAEO will destroy the statement of employment 
and financial interests.



PART 308--IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents




Sec.
308.1  Purpose.
308.2  Policy.
308.3  Definitions.
308.4  Disclosure of records.
308.5  New uses of information.
308.6  Reports regarding changes in systems.
308.7  Use of social security account number in records system 
          [Reserved].
308.8  Rules of conduct.
308.9  Records systems--management and control.
308.10  Security of records systems--manual and automated.
308.11  Accounting for disclosure of records.
308.12  Contents of records systems.
308.13  Access to records.
308.14  Specific exemptions.
308.15  Identification of requesters.
308.16  Amendment of records and appeals with respect thereto.
308.17  Denial of access and appeals with respect thereto.
308.18  Fees.

    Authority: 5 U.S.C. 552a.

    Source: 50 FR 1844, Jan. 14, 1985, unless otherwise noted.



Sec. 308.1  Purpose.

    The purpose of this part is to set forth the basic policies of the 
Peace Corps governing the maintenance of systems of records containing 
personal information as defined in the Privacy Act of 1974 (5 U.S.C. 
552a). Records included in this part are those described in the 
aforesaid Act and maintained by the Peace Corps and/or any component 
thereof.



Sec. 308.2  Policy.

    It is the policy of the Peace Corps to protect, preserve and defend 
the right of privacy of any individual as to whom the agency maintains 
personal information in any records system and to provide appropriate 
and complete access to such records including adequate opportunity to 
correct any errors in said records. It is further the policy of the 
agency to maintain its records in such a fashion that the information 
contained therein is and remains material and relevant to the purposes 
for which it is collected in order to maintain its records with fairness 
to the individuals who are the subject of such records.



Sec. 308.3  Definitions.

    (a) Record means any document, collection, or grouping of 
information about an individual maintained by the agency, including but 
not limited to information regarding education, financial transactions, 
medical history, criminal or employment history, or any other personal 
information which contains the name or personal identification number, 
symbol, photograph, or other identifying particular assigned to such 
individual, such as a finger or voiceprint.
    (b) System of Records means a group of any records under the control 
of the agency from which information is retrieved by use of the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual.
    (c) Routine Use means, with respect to the disclosure of a record, 
the use of such record for a purpose which is compatible with the 
purpose for which it was collected.
    (d) The term agency means the Peace Corps or any component thereof.
    (e) The term individual means any citizen of the United States or an 
alien lawfully admitted to permanent residence.

[[Page 39]]

    (f) The term maintain includes the maintenance, collection, use or 
dissemination of any record.
    (g) The term Act means the Privacy Act of 1974 (5 U.S.C. 552a) as 
amended from time to time.



Sec. 308.4  Disclosure of records.

    The agency will not disclose any personal information from systems 
of records it maintains to any individual other than the individual to 
whom the record pertains, or to another agency, without the express 
written consent of the individual to whom the record pertains, or his or 
her agent or attorney, except in the following instances:
    (a) To officers or employees of the Peace Corps having a need for 
such record in the official performance of their duties.
    (b) When required under the provisions of the Freedom of Information 
Act (5 U.S.C. 552).
    (c) For routine uses as published in the Federal Register.
    (d) To the Bureau of the Census for uses pursuant to title 13.
    (e) To an individual or agency having a proper need for such record 
for statistical research provided that such record is transmitted in a 
form which is not individually identifiable and that an appropriate 
written statement is obtained from the person to whom the record is 
transmitted stating the purpose for the request and a certification 
under oath that the records will be used only for statistical purposes.
    (f) To the National Archives of the United States as a record of 
historical value under rules and regulations of the Archives or to the 
Administrator of General Services or his designee to determine if it has 
such value.
    (g) To an agency or instrumentality of any governmental jurisdiction 
within the control of the United States for civil or criminal law 
enforcement activities, if the activity is authorized by law, and the 
head of any such agency or instrumentality has made a written request 
for such records specifying the particular portion desired and the law 
enforcement activity for which the record is sought. Such a record may 
also be disclosed by the agency to the law enforcement agency on its own 
initiative in situations in which criminal conduct is suspected: 
Provided, That such disclosure has been established as a routine use or 
in situations in which the misconduct is directly related to the purpose 
for which the record is maintained.
    (h) In emergency situations upon a showing of compelling 
circumstances affecting the health or safety of any individual provided 
that after such disclosure, notification of such disclosure must be 
promptly sent to the last known address of the individual to whom the 
record pertains.
    (i) To either House of Congress or to a subcommittee or committee 
(joint or of either house) to the extent the subject matter falls within 
their jurisdiction.
    (j) To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of the duties of the 
General Accounting Office.
    (k) Pursuant to an order by the presiding judge of a court of 
competent jurisdiction. If any record is disclosed under such compulsory 
legal process and subsequently made public by the court which issued it, 
the agency must make a reasonable effort to notify the individual to 
whom the record pertains of such disclosure.
    (l) To consumer reporting agencies as defined in 31 U.S.C. 
3701(a)(3) in accordance with 31 U.S.C. 3711, and under contracts for 
collection services as authorized in 31 U.S.C. 3718.



Sec. 308.5  New uses of information.

    The agency shall publish in the Federal Register a notice of its 
intention to establish a new or revised routine use of any system of 
records maintained by it with an opportunity for public comments on such 
use. Such notice shall contain the following:
    (a) The name of the system of records for which the new or revised 
routine use is to be established.
    (b) The authority for maintaining the system of records.
    (c) The categories of records maintained in the system.
    (d) The purpose for which the record is to be maintained.
    (e) The proposed routine use(s).
    (f) The purpose of the routine use(s).

[[Page 40]]

    (g) The categories of recipients of such use.

In the event of any request for an addition to the routine uses of the 
systems which the agency maintains, such request may be sent to the 
following officer: Director, Office of Administrative Services, Peace 
Corps, 806 Connecticut Avenue, NW., Washington, DC 20526.



Sec. 308.6  Reports regarding changes in systems.

    The agency shall provide to Congress and the Office of Management 
and Budget advance notice of any proposal to establish or alter any 
system of records as defined herein. This report will be submitted in 
accord with guidelines provided by the Office of Management and Budget.
Sec. 308.7  Use of social security account number in records systems. 
[Reserved]



Sec. 308.8  Rules of conduct.

    (a) The head of the agency shall assure that all persons involved in 
the design, development, operation or maintenance of any systems of 
records as defined herein are informed of all requirements necessary to 
protect the privacy of individuals who are the subject of such records. 
All employees shall be informed of all implications of the Act in this 
area including the criminal penalties provided under the Act, and the 
fact the agency may be subject to civil suit for failure to comply with 
the provisions of the Privacy Act and these regulations.
    (b) The head of the agency shall also ensure that all personnel 
having access to records receive adequate training in the protection of 
the security of personal records and that adequate and proper storage is 
provided for all such records with sufficient security to assure the 
privacy of such records.



Sec. 308.9  Records systems--management and control.

    (a) The Director, Office of Administrative Services, shall have 
overall control and supervision of the security of all records keeping 
systems and shall be responsible for monitoring the security standards 
set forth in these regulations.
    (b) A designated official (System Manager) shall be named who shall 
have management responsibility for each record system maintained by the 
agency and who shall be responsible for providing protection and 
accountability for such records at all times and for insuring that such 
records are secured in appropriate containers wherever not in use or in 
the direct control of authorized personnel.



Sec. 308.10  Security of records systems--manual and automated.

    The head of the agency has the responsibility of maintaining 
adequate technical, physical, and security safeguards to prevent 
unauthorized disclosure or destruction of manual and automatic record 
systems. These security safeguards shall apply to all systems in which 
identifiable personal data are processed or maintained including all 
reports and outputs from such systems which contain identifiable 
personal information. Such safeguards must be sufficient to prevent 
negligent, accidental, or unintentional disclosure, modification or 
destruction of any personal records or data and must furthermore 
minimize the extent technicians or knowledgeable persons could 
improperly obtain access to modify or destroy such records or data and 
shall further insure against such casual entry by unskilled persons 
without official reasons for access to such records or data.
    (a) Manual systems. (1) Records contained in records systems as 
defined herein may be used, held or stored only where facilities are 
adequate to prevent unauthorized access by persons within or without the 
agency.
    (2) All records systems when not under the personal control of the 
employees authorized to use same must be stored in an appropriate metal 
filing cabinet. Where appropriate, such cabinet shall have a three 
position dial-type combination lock, and/or be equipped with a steel 
lock bar secured by a GSA approved changeable combination padlock or in 
some such other securely locked cabinet as may be approved by GSA for 
the storage of such records. Certain systems are not of such 
confidential nature that their disclosure would harm an individual who

[[Page 41]]

is the subject of such record. Records in this category shall be 
maintained in steel cabinets without the necessity of combination locks.
    (3) Access to and use of systems of records shall be permitted only 
to persons whose official duties require such access within the agency, 
for routine use as defined in Sec. 308.4 and in the Peace Corps' 
published systems of records notices, or for such other uses as may be 
provided herein.
    (4) Other than for access within the agency to persons needing such 
records in the performance of their official duties or routine uses as 
defined herein and in the Peace Corps' systems of records notices or 
such other uses as provided herein, access to records within systems of 
records shall be permitted only to the individual to whom the record 
pertains or upon his or her written request to a designated personal 
representative.
    (5) Access to areas where records systems are stored will be limited 
to those persons whose official duties require work in such areas and 
proper accounting of removal of any records from storage areas shall be 
maintained at all times in the form directed by the Director, 
Administrative Services.
    (6) The agency shall assure that all persons whose official duties 
require access to and use of records contained in records systems are 
adequately trained to protect the security and privacy of such records.
    (7) The disposal and destruction of records within records systems 
shall be in accord with rules promulgated by the General Services 
Administration.
    (b) Automated systems. (1) Identifiable personal information may be 
processed, stored or maintained by automatic data systems only where 
facilities or conditions are adequate to prevent unauthorized access to 
such systems in any form. Whenever such data contained in punch cards, 
magnetic tapes or discs are not under the personal control of an 
authorized person such information must be stored in a metal filing 
cabinet having a built-in three position combination lock, a metal 
filing cabinet equipped with a steel lock, a metal filing cabinet 
equipped with a steel lock bar secured with a General Services 
Administration (GSA) approved combination padlock, or in adequate 
containers or in a secured room or in such other facility having greater 
safeguards than those provided for herein.
    (2) Access to and use of identifiable personal data associated with 
automated data systems shall be limited to those persons whose official 
duties require such access. Proper control of personal data in any form 
associated with automated data systems shall be maintained at all times 
including maintenance of accountability records showing disposition of 
input and output documents.
    (3) All persons whose official duties require access to processing 
and maintenance of identifiable personal data and automated systems 
shall be adequately trained in the security and privacy of personal 
data.
    (4) The disposal and disposition of identifiable personal data and 
automated systems shall be carried on by shredding, burning or in the 
case of tapes of discs, degaussing, in accord with any regulations now 
or hereafter proposed by the GSA or other appropriate authority.



Sec. 308.11  Accounting for disclosure of records.

    Each office maintaining a system of records shall keep a written 
account of routine disclosures (see paragraphs (a) through (e) of this 
section) for all records within such system in the form prescribed by 
the Director, Office of Administrative Services. Disclosure made to 
employees of the agency in the normal course of their official duties or 
pursuant to the provisions of the Freedom of Information Act need not be 
accounted for. Such written account shall contain the following:
    (a) The date, nature, and purpose of each disclosure of a record to 
any person or to another agency.
    (b) The name and address of the person or agency to whom the 
disclosure was made.
    (c) Sufficient information to permit the construction of a listing 
of all disclosures at appropriate periodic intervals.
    (d) The justification or basis upon which any release was made 
including any written documentation required

[[Page 42]]

when records are released for statistical or law enforcement purposes 
under the provisions of subsection (b) of the Act.
    (e) For the purpose of this part, the system of accounting for 
disclosure is not a system of records under the definitions hereof and 
no accounting need be maintained for the disclosure of accounting of 
disclosures.



Sec. 308.12  Contents of records systems.

    (a) The agency shall maintain in any records contained in any 
records system hereunder only such information about an individual as is 
accurate, relevant, and necessary to accomplish the purpose for which 
the agency acquired the information as authorized by statute or 
executive order.
    (b) In situations in which the information may result in adverse 
determinations about such individual's rights, benefits and privileges 
under any Federal program, all information placed in records systems 
shall, to the greatest extent practicable, be collected from the 
individual to whom the record pertains.
    (c) Each form or other document which an individual is expected to 
complete in order to provide information for any records system shall 
have appended thereto, or in the body of the document:
    (1) An indication of the authority authorizing the solicitation of 
the information and whether the provision of the information is 
mandatory or voluntary.
    (2) The purpose or purposes for which the information is intended to 
be used.
    (3) Routine uses which may be made of the information and published 
pursuant to Sec. 308.7 of this regulation.
    (4) The effect on the individual, if any, of not providing all or 
part of the required or requested information.
    (d) Records maintained in any system of records used by the agency 
to make any determinatioin about any individual shall be maintained with 
such accuracy, relevancy, timeliness, and completeness as is reasonably 
necessary to assure fairness to the individual in the making of any 
determination about such individual: Provided, however, That the agency 
shall not be required to update or keep current retired records.
    (e) Before disseminating any record about an individual to any 
person other than an agency as defined in 5 U.S.C. 552(e) or pursuant to 
the provsions of the Freedom of Information Act (5 U.S.C. 552), the 
agency shall make reasonable efforts to assure that such records are 
accurate, complete, timely and relevant for agency purposes.
    (f) Under no circumstances shall the agency maintain any record 
about an individual with respect to or describing how such individual 
exercises rights guaranteed by the first amendment of the Constitution 
of the United States unless expressly authorized by statute or by the 
individual about whom the record is maintained or unless pertinent to 
and within the scope of an authorized law enforcement activity.
    (g) In the event any record is disclosed as a result of the order of 
a presiding judge of a court of competent jurisdiction, the agency shall 
make reasonable efforts to notify the individual whose record was so 
disclosed after the process becomes a matter of public record.



Sec. 308.13  Access to records.

    (a) The Director, Administrative Services, shall keep a current list 
of systems of records maintained by the agency and published in 
accordance with the provisions of these regulations.
    (b) Individuals requesting access to any record the agency maintains 
about him or her in a system of records shall be provided access to such 
records. Such requests shall be submitted in writing by mail, or in 
person during regular business hours, to the System Managers identified 
in the specific system notices. Systems maintained at overseas and 
dometic field offices may be addressed to the Country Director or 
Regional Service Center Manager. If assistance is needed, the Director, 
Office of Administrative Services, will provide agency addresses.
    (c) Requests for records from more than one system of records shall 
be directed to the Director, Office of Administrative Services, Peace 
Crops, 806

[[Page 43]]

Connecticut Avenue, NW., Washington, DC 20526.
    (d) Requests for access to or copies of records should contain, at a 
minimum, identifying information needed to locate any given record and a 
brief description of the item or items of information required. If the 
individual wishes access to specific documents the request should 
identify or describe as nearly as possible such documents.
    (e) A record may be disclosed to a representative of the person to 
whom a record relates who is authorized in writing to have access to the 
record by the person to whom it relates.
    (f) A request made in person will be promptly complied with if the 
records sought are in the immediate custody of the Peace Corps. Mailed 
or personal request for documents in storage which must be complied from 
more than one location, or which are otherwise not immediately 
available, will be acknowledge within ten working days, and the records 
requested will be provided as promptly thereafter as possible.
    (g) Medical or psychological records shall be disclosed to an 
individual unless in the judgment of the agency, access to such records 
might have an adverse effect upon such individual. When such 
determination has been made, the agency may require that the information 
be disclosed only to a physician chosen by the requesting individual. 
Such physician shall have full authority to disclose all or any portion 
of such record to the requesting individual in the exercise of his or 
her professional judgment.



Sec. 308.14  Specific exemptions.

    Records or portions of records in certain record systems specified 
in paragraphs (a) through (c) of this section shall be exempt from 
disclosure: Provided, however, That no such exemption shall apply to the 
provisions of Sec. 308.12(a) (maintaining records with accuracy, 
completeness, etc. as reasonably necessary for agency purposes); 
Sec. 308.12(b) (collecting information directly from the individual to 
whom it pertains); Sec. 308.12(c) (informing individuals asked to supply 
information of the purposes for which it is collected and whether it is 
mandatory); Sec. 308.12(g) (notifying the subjects of records disclosed 
under compulsory court process); Sec. 308.16(d)(3) (informing prior 
recipient of corrected or disputed records); Sec. 308.16(g) (civil 
remedies). With the above exceptions the following material shall be 
exempt from disclosure to the extent indicated:
    (a) Material in any system of records considered classified and 
exempt from disclosure under provisions of section 552(b)(1) of the 
Freedom of Information Act. Agency systems of records now containing 
such material are: Legal Files--Staff, Volunteers and Applicants; 
Security Records Peace Corps Staff/Volunteers and ACTION staff.
    (1) Authority: 5 U.S.C. 552a (k)(1)
    (2) Reasons: To protect information classified in the interest of 
national defense or foreign policy.
    (b) Investigatory material compiled for the purposes of law 
enforcement: Provided, however, That if any individual is denied any 
right, privilege, or benefit that he or she would otherwise be entitled 
to by Federal law, or for which he or she would otherwise be eligible, 
as a result of the maintenance of such material, such material shall be 
provided to such individual except to the extent necessary to protect 
the identity of a source who furnished information to the government 
under an express promise that his or her identity would be held in 
confidence, or prior to the effective date of the Privacy Act of 1974, 
under an implied promise of such confidentiality of the identity of such 
source. Agency systems of records containing such investigatory material 
are: Discrimination Complaint Files; Employee Occupational Injury and 
Illness Reports; Legal Files--Staff, Volunteers and Applicants; Security 
Records--Peace Corps Staff/Volunteers and ACTION Staff.
    (1) Authority: 5 U.S.C. 552a(k)(2)
    (2) Reasons: To protect the identity of sources to whom proper 
promises of confidentiality have been made during investigations. 
Without these promises, sources will often be unwilling to provide 
information essential in adjudicating access in a fair and impartial 
manner.
    (c) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility or qualification

[[Page 44]]

for service as an employee or volunteer or for the obtaining of a 
Federal contract or for access to classified information: Provided, 
however, That such material shall be disclosed to the extent possible 
without revealing the identity of a source who furnished information to 
the government under an express promise of the confidentiality of his or 
her identity or, prior to the effective date of the Privacy Act of 1974, 
under an implied promise of such confidentiality of identity. Agency 
systems of records containing such material are: Contractors and 
Consultant Files; Discrimination Complaint Files; Legal Files--Staff, 
Volunteers and Applicants; Personal Service Contract Records--Peace 
Corps Staff/Volunteers and ACTION Staff; Staff Applicant and Personnel 
Records; Talent Bank; Volunteer Applicant and Service Record Systems.
    (1) Authority: 5 U.S.C. 552a(k)(5)
    (2) Reasons: To ensure the frankness of information used to 
determine whether Peace Corps Volunteers applicants and Peace Corps 
Staff applicants are qualified for service with the agency.
    (d) Records in the Office of Inspector General Investigative Files 
and Records system of records are exempt from certain provisions to the 
extent provided hereinafter.
    (1) To the extent that the system of records pertains to the 
enforcement of criminal laws, the Office of Inspector General 
Investigative Files and Records system of records is exempt from all 
sections of the Privacy Act (5 U.S.C. 552a) except the following 
sections: (b) relating to conditions of disclosure; (c)(1) and (2) 
relating to keeping and maintaining a disclosure accounting; (e)(4)(A) 
through (F) relating to publishing a system notice setting the name, 
location, categories of individuals and records, routine uses, and 
policies regarding storage, retrievability, access controls, retention 
and disposal of the records; (e)(6), (7), (9), (10), and (11) relating 
to dissemination and maintenance of records and (i) relating to criminal 
penalties. This system of records is also exempt from the provisions of 
Sec. 308.11 through Sec. 308.17 to the extent that the provisions of 
these sections conflict with this paragraph.
    (i) Authority: 5 U.S.C. 552a(j)(2).
    (ii) Reasons:
    (A) To prevent interference with law enforcement proceedings.
    (B) To avoid unwarranted invasion of personal privacy, by disclosure 
of information about third parties, including other subjects of 
investigations, investigators, and witnesses.
    (C) To protect the identity of Federal employees who furnish a 
complaint or information to OIG, consistent with section 7(b) of the 
Inspector General Act of 1978, as amended, 5 U.S.C. App. 3.
    (D) To protect the confidentiality of non-Federal employee sources 
of information.
    (E) To assure access to sources of confidential information, 
including those contained in Federal, State, and local criminal law 
enforcement information systems.
    (F) To prevent disclosure of law enforcement techniques and 
procedures.
    (G) To avoid endangering the life or physical safety of confidential 
sources.
    (2) To the extent that there may exist within this system of records 
investigative files compiled for law enforcement purposes, other than 
material within the scope of subsection (j)(2) of the Privacy Act, the 
OIG Investigative Files and Records system of records is exempt from the 
following sections of the Privacy Act: (c)(3) relating to access to the 
disclosure accounting; (d) relating to access to records; (e)(1) 
relating to the type of information maintained in the records; (e)(4) 
(G), (H), and (I) relating to publishing the system notice information 
as to agency procedures for access and amendment, and information as to 
the categories of sources or records; and (f) relating to developing 
agency rules for gaining access and making corrections. Provided, 
however, That if any individual is denied any right, privilege, or 
benefit that they would otherwise be entitled by Federal law, or for 
which they would otherwise be eligible, as a result of the maintenance 
of such material, such material shall be provided to such individual 
except to the extent that the disclosure of such material would reveal 
the identity of a source

[[Page 45]]

who furnished information to the Government under an express promise 
that the identity of the source would be held in confidence, or, prior 
to January 1, 1975, under an implied promise that the identity of the 
source would be held in confidence. This system of records is also 
exempt from the provisions of Sec. 308.11 through Sec. 308.17 to the 
extent that the provisions of these sections conflict with this 
paragraph.
    (i) Authority: 5 U.S.C. 552a(k)(2)
    (ii) Reasons:
    (A) To prevent interference with law enforcement proceedings.
    (B) To protect investigatory material compiled for law enforcement 
purposes.
    (C) To avoid unwarranted invasion of personal privacy, by disclosure 
of information about third parties, including other subjects of 
investigation, law enforcement personnel, and sources of information.
    (D) To fulfill commitments made to protect the confidentiality of 
sources.
    (E) To protect the identity of Federal employees who furnish a 
complaint or information to the OIG, consistent with Section 7(b) of the 
Inspector General Act of 1978, as amended, 5 U.S.C. App. 3.
    (F) To assure access to sources of confidential information, 
including those contained in Federal, State, and local criminal law 
enforcement systems.
    (G) [Reserved]
    (H) To prevent disclosure of law enforcement techniques and 
procedures.
    (I) To avoid endangering the life or physical safety of confidential 
sources and law enforcement personnel.

[50 FR 1844, Jan. 14, 1985, as amended at 58 FR 39657, July 26, 1993]



Sec. 308.15  Identification of requesters.

    The agency shall require reasonable identification of all 
individuals who request access to records to assure that records are not 
disclosed to persons not entitled to such access.
    (a) In the event an individual requests disclosure in person, such 
individual shall be required to show an identification card such as a 
driver's license, etc., containing a photo and a sample signature of 
such individual. Such individual may also be required to sign a 
statement under oath as to his or her identity acknowledging that he or 
she is aware of the penalties for improper disclosure under the 
provisions of the Privacy Act of 1974.
    (b) In the event that disclosure is requested by mail, the agency 
may request such information as may be necessary to reasonably assure 
that the individual making such request is properly identified. In 
certain cases, the agency may require that a mail request be notarized 
with an indication that the notary received an acknowledgment of 
identity from the individual making such request.
    (c) In the event an individual is unable to provide suitable 
documentation or identification, the agency may require a signed 
notarized statement asserting the identify of the individual and 
stipulating that the individual understands that knowingly or willfully 
seeking or obtaining access to records about another person under false 
pretenses is punishable by a fine of up to $5,000.
    (d) In the event a requester wishes to be accompanied by another 
person while reviewing his or her records, the agency may require a 
written statement authorizing discussion of his or her records in the 
presence of the accompanying representative or other persons.



Sec. 308.16  Amendment of records and appeals with respect thereto.

    (a) In the event an individual desires to request an amendment of 
his or her record, he or she may do so by submitting such written 
request to the Director, Administrative Services, Peace Corps, 806 
Connecticut Avenue, NW., Washington, DC 20526. The Director, 
Administrative Services, shall provide assistance in preparing any 
amendment upon request and a written acknowledgment of receipt of such 
request within 10 working days after the receipt thereof from the 
individual who requested the amendment. Such acknowledgment may, if 
necessary, request any additional information needed to make a 
determination with respect to such request. If the agency decides to 
comply with the request within the 10 day period, no written 
acknowledgment is necessary: Provided, however, That a certification of 
the

[[Page 46]]

change shall be provided to such individual within such period.
    (b) Promptly after acknowledgment of the receipt of a request for an 
amendment the agency shall take one of the following actions:
    (1) Make any corrections of any portion of the record which the 
individual believes is not accurate, relevant, timely or complete.
    (2) Inform the individual of its refusal to amend the record in 
accord with the request together with the reason for such refusal and 
the procedures established for requesting review of such refusal by the 
head of the agency or his or her designee. Such notice shall include the 
name and business address of the reviewing official.
    (3) Refer the request to the agency that has control of and 
maintains the record in those instances where the record requested 
remains the property of the controlling agency and not of the Peace 
Corps.
    (c) In reviewing a request to amend the record the agency shall 
assess the accuracy, relevance, timeliness and completeness of the 
record with due and appropriate regard for fairness to the individual 
about whom the record is maintained. In making such determination, the 
agency shall consult criteria for determining record quality published 
in pertinent chapters of the Federal Personnel Manual and to the extent 
possible shall accord therewith.
    (d) In the event the agency agrees with the individual's request to 
amend such record it shall:
    (1) Advise the individual in writing,
    (2) Correct the record accordingly, and
    (3) Advise all previous recipients of a record which was corrected 
of the correction and its substance.
    (e) In the event the agency, after an initial review of the request 
to amend a record, disagrees with all or a portion of it, the agency 
shall:
    (1) Advise the individual of its refusal and the reasons therefore,
    (2) Inform the individual that he or she may request further review 
in accord with the provisions of these regulations, and
    (3) Specify The name and address of the person to whom the request 
should be directed.
    (f) In the event an individual requester disagrees with the initial 
agency determination, he or she may appeal such determination to the 
Director of the Peace Corps or his or her designee. Such request for 
review must be made within 30 days after receipt by the requester of the 
initial refusal to amend.
    (g) If after review the Director or designee refuses to amend the 
record as requested he or she shall advise the individual requester of 
such refusal and the reasons for same; of his or her right to file a 
concise statement in the record of the reasons for disagreeing with the 
decision of the agency; of the procedures for filing a statement of 
disagreement and of the fact that such statement so filed will be made 
available to anyone to whom the record is subsequently disclosed 
together with a brief statement of the agency summarizing its reasons 
for refusal, if the agency decides to place such brief statement in the 
record. The agency shall have the authority to limit the length of any 
statement to be filed, such limit to depend upon the record involved. 
The agency shall also inform such individual that prior recipients of 
the disputed record will be provided a copy of both statements of the 
dispute to the extent that the accounting of disclosures has been 
maintained and of the individual's right to seek judicial review of the 
agency's refusal to amend the record.
    (h) If after review the official determines that the record should 
be amended in accordance with the individual's request, the agency shall 
proceed as provided above in the event a request is granted upon initial 
demand.
    (i) Final agency determination of an individual's request for a 
review shall be concluded with 30 working days from the date of receipt 
of the review request: Provided, however, That the Director or designee 
may determine that fair and equitable review cannot be made within that 
time. If such circumstances occur, the individual shall be notified in 
writing of the additional time required and of the approximate date on 
which determination of the review is expected to be completed.

[[Page 47]]



Sec. 308.17  Denial of access and appeals with respect thereto.

    In the event that the agency finds it necessary to deny any 
individual access to a record about such individual pursuant to 
provisions of the Privacy Act or of these regulations, a response to the 
original request shall be made in writing within ten working days after 
the date of such initial request. The denial shall specify the reasons 
for such refusal or denial and advise the individual of the reasons 
therefore, and of his or her right to an appeal within the agency and/or 
judicial review under the provisions of the Act.
    (a) In the event an individual desires to appeal any denial of 
access, he or she may do so in writing by addressing such appeal to the 
attention of the Director, Peace Corps, or designee identified in such 
denial. Such appeal should be addressed to Director, Peace Corps, c/o 
Office of Administrative Services, Room P-314, 806 Connecticut Avenue, 
NW., Washington, DC 20526.
    (b) The Director, or designee, shall review a request from a denial 
of access and shall make a determination with respect to such appeal 
within 30 days after receipt thereof. Notice of such determination shall 
be provided to the individual making the request in writing. If such 
appeal is denied in whole or in part, such notice shall include 
notification of the right of the person making such request to have 
judicial review of the denial as provided in the Act.



Sec. 308.18  Fees.

    No fees shall be charged for search time or for any other time 
expended by the agency to produce a record. Copies of records may be 
charged for at the rate of 10 cents per page provided that one copy of 
any record shall be provided free of charge.



PART 309--CLAIMS COLLECTION--Table of Contents




                      Subpart A--General Provisions

Sec.
309.1  General purpose.
309.2  Scope.
309.3  Definitions.
309.4  Interest, penalties, and administrative costs.
309.5  Designation.

                        Subpart B--Salary Offset

309.6  Purpose.
309.7  Scope.
309.8  Applicability of regulations.
309.9  Waiver requests and claims to the General Accounting Office.
309.10  Notice requirements before offset.
309.11  Review.
309.12  Certification.
309.13  Voluntary repayment agreements as an alternative to salary 
          offset.
309.14  Special review.
309.15  Notice of salary offset.
309.16  Procedures for salary offset.
309.17  Coordinating salary offset with other agencies.
309.18  Interest, penalties and administrative costs.
309.19  Refunds.
309.20  Request for the services of a hearing official from the creditor 
          agency.
309.21  Non-waiver of rights by payments.

                      Subpart C--Tax Refund Offset

309.22  Applicability and scope.
309.23  Past-due legally enforceable debt.
309.24  Definitions.
309.25  Peace Corps participation in the IRS tax refund offset program.
309.26  Procedures.
309.27  Referral of debts for offset.
309.28  Notice requirements before offset.

                    Subpart D--Administrative Offset

309.29  Applicability and scope.
309.30  Definitions.
309.31  General.
309.32  Demand for payment--notice.
309.33  Debtor's failure to respond.
309.34  Agency review.
309.35  Hearing.
309.36  Written agreement for repayment.
309.37  Administrative offset procedures.
309.38  Civil and Foreign Service Retirement Fund.
309.39  Jeopardy procedure.

     Subpart E--Use of Consumer Reporting Agencies and Referrals to 
                           Collection Agencies

309.40  Use of consumer reporting agencies.
309.41  Referrals to collection agencies.

 Subpart F--Compromise, Suspension or Termination and Referral of Claims

309.42  Compromise.
309.43  Suspending or terminating collection.
309.44  Referral of claims.

    Authority: 31 U.S.C. 3701-3719; 5 U.S.C. 5514; 22 U.S.C. 2503(b); 31 
U.S.C. 3720A; 4 CFR parts 101-105; 5 CFR part 550; 26 CFR 301.6402-6T.


[[Page 48]]


    Source: 58 FR 2978, Jan. 7, 1993, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 309.1  General purpose.

    This part prescribes the procedures to be used by the Peace Corps of 
the United States (Peace Corps) in the collection of claims owed to 
Peace Corps and to the United States.



Sec. 309.2  Scope.

    (a) Applicability of Federal Claims Collection Standards (FCCS). 
Except as set forth in this part or otherwise provided by law, Peace 
Corps will conduct administrative actions to collect claims (including 
offset, compromise, suspension, termination, disclosure and referral) in 
accordance with the Federal Claims Collection Standards of the General 
Accounting Office and the Department of Justice, 4 CFR parts 101 through 
105.
    (b) This part is not applicable to:
    (1) Claims against any foreign country or any political subdivision 
thereof, or any public international organization.
    (2) Claims where the Peace Corps Director (or designee) determines 
that the achievement of the purposes of the Peace Corps Act, as amended, 
22 U.S.C. 2501 et seq., or any other provision of law administered by 
the Peace Corps require a different course of action.



Sec. 309.3  Definitions.

    As used in this part (except where the context clearly indicates, or 
where the term is otherwise defined elsewhere in this part) the 
following definitions shall apply:
    (a) Agency means:
    (1) An Executive Agency as defined by section 105 of title 5, United 
States Code, including the U.S. Postal Service and the U.S. Postal Rate 
Commission;
    (2) A military department as defined by section 102 of title 5, 
United States Code.
    (3) An agency or court of the judicial branch including a court as 
defined in section 610 of title 28, United States Code, the District 
Court for the Northern Mariana Islands and the Judicial Panel on 
Multidistrict Litigation;
    (4) An agency of the legislative branch, including the U.S. Senate 
and the U.S. House of Representatives; and
    (5) Other independent establishments that are entities of the 
Federal Government.
    (b) Certification means a written debt claim form received from a 
creditor agency which requests the paying agency to offset the salary of 
an employee.
    (c) Consumer reporting agency means a reporting agency as defined in 
31 U.S.C. 3701(a)(3).
    (d) Creditor agency means the agency to which the debt is owed.
    (e) The term debt and claim refers to an amount of money or property 
which has been determined by an appropriate agency official to be owed 
to the United States from any person, organization or entity, except 
another Federal agency. A debtor's liability arising from a particular 
contract or transaction shall be considered a single claim for purposes 
of monetary ceilings of the FCCS.
    (f) Delinquent debt means any debt which has not been paid by the 
date specified by the Government in writing or in an applicable 
contractual agreement for payment or which has not been satisfied in 
accordance with a repayment agreement.
    (g) Disposable pay means that part of current basic pay, special 
pay, incentive pay, retired pay, retainer pay, or, in the case of an 
employee not entitled to basic pay, other authorized pay remaining after 
the deduction of any amount required by law to be withheld. These 
deductions are described in 5 CFR 581.105(b) through (f). These 
deductions include, but are not limited to: Social Security 
withholdings; Federal, State and local tax withholdings; retirement 
contributions; and life insurance premiums.
    (h) Employee means a current or former employee of the Peace Corps 
or other agency, including a member of the Armed Forces or Reserve of 
the Armed Forces of the United States.
    (i) FCCS means the Federal Claims Collection Standards jointly 
published by the Department of Justice and the General Accounting Office 
at 4 CFR parts 101 through 105.

[[Page 49]]

    (j) Hearing official means an individual responsible for conducting 
any hearing with respect to the existence or amount of a debt claimed, 
and rendering a decision on the basis of such hearing. Except in the 
case of an administrative law judge, a hearing official may not be under 
the supervision or control of the Peace Corps when the Peace Corps is 
the creditor agency.
    (k) Paying agency means the agency which employs the individual and 
authorizes the payment of his or her current pay. In some cases, the 
Peace Corps may be both the creditor and the paying agency.
    (l) Notice of intent to offset or notice of intent means a written 
notice from a creditor agency to an employee which alleges that the 
employee owes a debt to the creditor agency and apprising the employee 
of certain administrative rights.
    (m) Notice of salary offset means a written notice from the paying 
agency to an employee after a certification has been issued by a 
creditor agency, informing the employee that salary offset will begin at 
the next officially established pay interval.
    (n) Payroll office means the payroll office in the paying agency 
which is primarily responsible for the payroll records and the 
coordination of pay matters with the appropriate personnel office with 
respect to an employee.
    (o) Salary offset means an administrative offset to collect a debt 
under 5 U.S.C. 5514 by deduction at one or more officially established 
pay intervals from the current pay account of an employee, without the 
employee's consent.
    (p) Salary Offset Coordination Officer means an official designated 
by the Director who is responsible for coordinating debt collection 
activities for the Peace Corps.
    (q) Waiver means the cancellation, remission, forgiveness, or 
nonrecovery of a debt or debt related charge as permitted or required by 
law.



Sec. 309.4  Interest, penalties, and administrative costs.

    (a) Except as otherwise provided by statute, contract or excluded in 
accordance with FCCS, Peace Corps will assess:
    (1) Interest on unpaid claims in accordance with existing Treasury 
rules and regulations, unless the agency determines that a higher rate 
is necessary to protect the interests of the United States.
    (2) Penalty charges at a rate of 6 percent a year on any portion of 
a claim that is delinquent for more than 90 days.
    (3) Administrative charges to cover the costs of processing and 
handling the debt beyond the payment due date.
    (b) Late payment charges shall be computed from the date of mailing 
or hand delivery of the notice of the claim and interest requirements.
    (c) When a debt is paid in partial or installment payments, amounts 
received shall be applied first to outstanding penalty and 
administrative cost charges, second to accrued interest, and then to 
outstanding principal.
    (d) Waiver. Peace Corps will consider waiver of interest, penalties 
and/or administrative costs in accordance with the FCCS, 4 CFR 
102.13(g).



Sec. 309.5  Designation.

    The Chief Financial Officer and his or her delegates, or any person 
discharging the functions presently vested in the Chief Financial 
Officer, are designated to perform all the duties for which the Director 
is responsible under the foregoing statutes and Joint Regulations: 
Provided, however, That no compromise of a claim shall be effected or 
collection action terminated except with the concurrence of the General 
Counsel. No such concurrence shall be required with respect to the 
compromise or termination of collection activity on any claim in which 
the unpaid amount of the debt is $300 or less.



                        Subpart B--Salary Offset



Sec. 309.6  Purpose.

    The purpose of the Debt Collection Act of 1982 (Pub. L. 97-365), is 
to provide a comprehensive statutory approach to the collection of debts 
due the United States Government. This subpart implements section 5 
thereof which authorizes the collection of debts owed by Federal 
employees to the Federal Government by means of

[[Page 50]]

salary offsets. No claim may be collected by salary offset if the debt 
has been outstanding for more than 10 years after the agency's right to 
collect the debt first accrued, unless facts material to the 
Government's right to collect were not known and could not reasonably 
have been known by the official or officials who were charged with the 
responsibility for discovery and collection of such debts.



Sec. 309.7  Scope.

    (a) This subpart provides Peace Corps' procedures for the collection 
by salary offset of a Federal employee's pay to satisfy certain past due 
debts owed the United States Government.
    (b) This subpart applies to collections by the Peace Corps from:
    (1) Federal employees who owe debts to the Peace Corps; and
    (2) Employees of the Peace Corps who owe debts to other agencies.
    (c) This subpart does not apply to debts or claims arising under the 
Internal Revenue Code of 1954, as amended (26 U.S.C. 1 et seq.); the 
Social Security Act (42 U.S.C. 301 et seq.); the tariff laws of the 
United States; or to any case where collection of a debt by salary 
offset is explicitly provided for or prohibited by another statute 
(e.g., travel advances in 5 U.S.C. 5705 and employee training expenses 
in 5 U.S.C. 4108).
    (d) This subpart does not apply to any adjustment to pay arising out 
of an employee's election of coverage or a change in coverage under a 
Federal benefits program requiring periodic deductions from pay, if the 
amount to be recovered was accumulated over four pay periods or less.
    (e) Nothing in this subpart precludes the compromise, suspension, or 
termination of collection actions where appropriate under the standards 
implementing the Federal Claims Collection Act (31 U.S.C. 3711 et seq.; 
4 CFR parts 101 through 105).



Sec. 309.8  Applicability of regulations.

    The provisions of this subpart are to be followed in instances 
where:
    (a) The Peace Corps is owed a debt by an individual currently 
employed by another agency;
    (b) The Peace Corps is owed a debt by an individual who is a current 
employee of the Peace Corps; or
    (c) The Peace Corps currently employs an individual who owes a debt 
to another Federal agency. Upon receipt of proper certification from the 
creditor agency, the Peace Corps will offset the debtor-employee's 
salary in accordance with these regulations.



Sec. 309.9  Waiver requests and claims to the General Accounting Office.

    The provisions of this subpart do not preclude an employee from 
requesting waiver of an overpayment under 5 U.S.C. 5584 or 8346(b), 10 
U.S.C. 2774, 32 U.S.C. 716, or in any way questioning the amount or 
validity of a debt by submitting a subsequent claim to the General 
Accounting Office in accordance with the procedures prescribed by the 
General Accounting Office. This subpart also does not preclude an 
employee from requesting a waiver pursuant to other statutory provisions 
pertaining to the particular debts being collected.



Sec. 309.10  Notice requirements before offset.

    (a) Deductions under the authority of 5 U.S.C. 5514 shall not be 
made unless the creditor agency first provides the employee with written 
notice that he/she owes a debt to the Federal Government at least 30 
calendar days before salary offset is to be initiated. When Peace Corps 
is the creditor agency this notice of intent to offset an employee's 
salary shall be hand-delivered or sent by certified mail to the most 
current address that is available. The written notice will state:
    (1) That Peace Corps has reviewed the records relating to the claim 
and has determined that a debt is owed, its origin and nature, and the 
amount of the debt;
    (2) The intention of Peace Corps to collect the debt by means of 
deduction from the employee's current disposable pay account until the 
debt and all accumulated interest is paid in full;
    (3) The amount, frequency, approximate beginning date, and duration 
of the intended deductions;

[[Page 51]]

    (4) An explanation of the Peace Corps' policy concerning interest, 
penalties and administrative costs, including a statement that such 
assessments must be made unless excused in accordance with 
Sec. 309.4(d);
    (5) The employee's right to inspect and copy all records of the 
Peace Corps pertaining to the debt claimed or to receive copies of such 
records if personal inspection is impractical;
    (6) The right to a hearing conducted by a hearing official (an 
administrative law judge, or alternatively, a hearing official not under 
the supervision or control of the Peace Corps) with respect to the 
existence and amount of the debt claimed, or the repayment schedule 
(i.e., the percentage of disposable pay to be deducted each pay period), 
so long as a petition is filed by the employee as prescribed in 
Sec. 309.11;
    (7) If not previously provided, the opportunity (under terms 
agreeable to the Peace Corps) to establish a schedule for the voluntary 
repayment of the debt or to enter into a written agreement to establish 
a schedule for repayment of the debt in lieu of offset. The agreement 
must be in writing, signed by both the employee and the creditor agency 
(4 CFR 102.2(e));
    (8) The name, address and telephone number of an officer or employee 
of the Peace Corps who may be contacted concerning procedures for 
requesting a hearing;
    (9) The method and time period for requesting a hearing;
    (10) That the timely filing of a petition for hearing within 15 
calendar days after delivery of the notice of intent to offset will stay 
the commencement of collection proceedings;
    (11) The name and address of the office to which the petition should 
be sent;
    (12) That the Peace Corps will initiate certification procedures to 
implement a salary offset, as appropriate, (which may not exceed 15 
percent of the employee's disposable pay) not less than 30 calendar days 
from the date of delivery of the notice of debt, unless the employee 
files a timely petition for a hearing;
    (13) That a final decision on the hearing (if one is requested) will 
be issued at the earliest practical date, but not later than 60 calendar 
days after the filing of the petition requesting the hearing, unless the 
employee requests and the hearing official grants a delay in the 
proceedings;
    (14) That any knowingly false or frivolous statements, 
representations or evidence may subject the employee to:
    (i) Disciplinary procedures appropriate under chapter 75 of 5 
U.S.C., 5 CFR 752, or any other applicable statutes or regulations;
    (ii) Penalties under the False Claims Act, Secs. 3729-3731 of title 
31, United States Code, or any other applicable statutory authority; and
    (iii) Criminal penalties under 18 U.S.C. sections 286, 287, 1001, 
and 1002 or any other applicable authority;
    (15) Any other rights and remedies available to the employee under 
statutes or regulations governing the program for which the collection 
is being made;
    (16) That unless there are applicable contractual or statutory 
provisions to the contrary, amounts paid on or deducted for the debt 
which are later waived or found not owed to the United States will be 
promptly refunded to the employee; and
    (17) That proceedings with respect to such debt are governed by 
section 5 of the Debt Collection Act of 1982 (5 U.S.C. 5514).
    (b) The Peace Corps is not required to comply with paragraph (a) of 
this section for any adjustment to pay arising out of an employee's 
election of coverage or a change in coverage under a Federal benefits 
program requiring periodic deductions from pay if the amount to be 
recovered was accumulated over four pay periods or less.



Sec. 309.11  Review.

    (a) Request for review. Except as provided in paragraph (b) of this 
section, an employee who desires a review concerning the existence or 
amount of the debt or the proposed offset schedule must send a request 
to the office designated in the notice of intent. See Sec. 309.10(a)(8). 
The request for review must be received by the designated office not 
later than 15 calendar days after the date of delivery of the notice as 
provided in Sec. 309.10(a). The request must be signed by the employee 
and

[[Page 52]]

should identify and explain with reasonable specificity and brevity the 
facts, evidence and witnesses which the employee believes support his or 
her position. If the employee objects to the percentage of disposable 
pay to be deducted from each check, the request should state the 
objection and the reasons for it. The employee must also specify whether 
an oral hearing or a review of the documentary evidence is requested. If 
an oral hearing is desired, the request should explain why the matter 
cannot be resolved by review of the documentary evidence alone.
    (b) Failure to timely submit.
    (1) If the employee files a petition for a review after the 
expiration of the 15 calendar day period provided for in paragraph (a) 
of this section, the designated office may accept the request if the 
employee can show that the delay was the result of circumstances beyond 
his or her control, or because of a failure to receive the notice of the 
filing deadline (unless the employee has actual knowledge of the filing 
deadline).
    (2) An employee waives the right to a review, and will have his or 
her disposable pay offset in accordance with Peace Corps' offset 
schedule, if the employee fails to file a request for a hearing unless 
such failure is excused as provided in paragraph (b)(1) of this section.
    (3) If the employee fails to appear at an oral hearing of which he 
or she was notified, unless the hearing official determines failure to 
appear was due to circumstances beyond the employee's control, his or 
her appeal will be decided on the basis of the documents then available 
to the hearing official.
    (c) Representation at the hearing. The creditor agency may be 
represented by a representative of its choice. The employee may 
represent himself or herself or may be represented by an individual of 
his or her choice and at his or her expense.
    (d) Review of Peace Corps records related to the debt.
    (1) An employee who intends to inspect or copy creditor agency 
records related to the debt in accordance with Sec. 309.10(a)(5), must 
send a letter to the official designated in the notice of intent to 
offset stating his or her intention. The letter must be sent within 15 
calendar days after receipt of the notice.
    (2) In response to a timely request submitted by the debtor, the 
designated official will notify the employee of the location and time 
when the employee may inspect and copy records related to the debt.
    (3) If personal inspection is impractical, copies of such records 
shall be sent to the employee.
    (e) Hearing official. Unless the Peace Corps appoints an 
administrative law judge to conduct the hearing, the Peace Corps must 
obtain a hearing official who is not under the supervision or control of 
the Peace Corps.
    (f) Obtaining the services of a hearing official when the Peace 
Corps is the creditor agency.
    (1) When the debtor is not a Peace Corps employee, and in the event 
that the Peace Corps cannot provide a prompt and appropriate hearing 
before an administrative law judge or before a hearing official 
furnished pursuant to another lawful arrangement, the Peace Corps may 
contact an agent of the paying agency designated in appendix A to part 
581 of title 5, Code of Federal Regulations or as otherwise designated 
by the agency, and request a hearing official.
    (2) When the debtor is a Peace Corps employee, the Peace Corps may 
contact any agent of another agency designated in appendix A to part 581 
of title 5, Code of Federal Regulations or otherwise designated by that 
agency, to request a hearing official.
    (g) Procedure. (1) If the employee requests a review, the hearing 
official or administrative law judge shall notify the employee of the 
form of the review to be provided. If an oral hearing is authorized, the 
notice shall set forth the date, time and location of the hearing. If 
the review will be on documentary evidence, the employee shall be 
notified that he or she should submit arguments in writing to the 
hearing official or administrative law judge by a specified date, after 
which the record will be closed. This date shall give the employee 
reasonable time (not less than 14 calendar days) to submit 
documentation.

[[Page 53]]

    (2) Oral hearing. An employee who requests an oral hearing shall be 
provided an oral hearing if the hearing official or administrative law 
judge determines that the matter cannot be resolved by review of 
documentary evidence alone (e.g. when an issue of credibility or 
veracity is involved). The hearing is not an adversarial adjudication, 
and need not take the form of an evidentiary hearing. Oral hearings may 
take the form of, but are not limited to:
    (i) Informal conferences with the hearing official or administrative 
law judge, in which the employee and agency representative will be given 
full opportunity to present evidence, witnesses and argument;
    (ii) Informal meetings with an interview of the employee; or
    (iii) Formal written submissions, with an opportunity for oral 
presentation.
    (3) Paper review. If the hearing official or administrative law 
judge determines that an oral hearing is not necessary, he or she will 
make the determination based upon a review of the available written 
record.
    (4) Record. The hearing official must maintain a summary record of 
any hearing provided by this subpart. See 4 CFR 102.3. Witnesses who 
testify in oral hearings will do so under oath or affirmation.
    (h) Date of decision. The hearing official or administrative law 
judge shall issue a written opinion stating his or her decision, based 
upon documentary evidence and information developed at the hearing, as 
soon as practicable after the hearing, but not later than 60 calendar 
days after the date on which the petition was received by the creditor 
agency, unless the employee requests a delay in the proceedings. In such 
case the 60 day decision period shall be extended by the number of days 
by which the hearing was postponed.
    (i) Content of decision. The written decision shall include:
    (1) A statement of the facts presented to support the origin, 
nature, and amount of the debt;
    (2) The hearing official's findings, analysis and conclusions; and
    (3) The terms of any repayment schedules, if applicable.
    (j) Failure to appear. In the absence of good cause shown (e.g., 
excused illness), an employee who fails to appear at a hearing shall be 
deemed, for the purpose of this subpart, to admit the existence and 
amount of the debt as described in the notice of intent. If the 
representative of the creditor agency fails to appear, the hearing 
official shall schedule a new hearing date upon the request of the 
agency representative upon showing of good cause. Both parties shall be 
given the time and place of the new hearing.



Sec. 309.12  Certification.

    (a) The Peace Corps salary offset coordination officer shall provide 
a certification to the paying agency in all cases where:
    (1) The hearing official determines that a debt exists;
    (2) The employee admits the existence and amount of the debt by 
failing to request a review; or
    (3) The employee admits the existence of the debt by failing to 
appear at a hearing.
    (b) The certification must be in writing and must state:
    (1) That the employee owes the debt;
    (2) The amount and basis of the debt;
    (3) The date the Government's right to collect the debt first 
accrued;
    (4) That the Peace Corps' regulations have been approved by OPM 
pursuant to 5 CFR part 550, subpart K;
    (5) The amount and date of any lump sum payment;
    (6) If the collection is to be made in installments, the number of 
installments to be collected, the amount of each installment, and the 
date of the first installment, if a date other than the next officially 
established pay period is required; and
    (7) The date the action was taken and that it was taken pursuant to 
5 U.S.C. 5514.



Sec. 309.13  Voluntary repayment agreements as alternative to salary offset.

    (a) In response to a notice of intent, an employee may propose a 
written

[[Page 54]]

agreement to repay the debt as an alternative to salary offset. Any 
employee who wishes to repay a debt without salary offset shall submit 
in writing a proposed agreement to repay the debt. The proposal shall 
admit the existence of the debt and set forth a proposed repayment 
schedule. Any proposal under this paragraph must be received by the 
official designated in that notice within 15 calendar days after receipt 
of the notice of intent.
    (b) When the Peace Corps is the creditor agency, in response to a 
timely proposal by the debtor the agency will notify the employee 
whether the employee's proposed written agreement for repayment is 
acceptable. It is within the agency's discretion to accept a repayment 
agreement instead of proceeding by offset.
    (c) If the Peace Corps decides that the proposed repayment agreement 
is unacceptable, the employee will have 15 calendar days from the date 
he or she received notice of the decision to file a petition for a 
review.
    (d) If the Peace Corps decides that the proposed repayment agreement 
is acceptable, the alternative arrangement must be in writing and signed 
by both the employee and a designated agency official.



Sec. 309.14  Special review.

    (a) An employee subject to salary offset or a voluntary repayment 
agreement, may at any time request a special review by the creditor 
agency of the amount of the salary offset or voluntary payment, based on 
materially changed circumstances such as, but not limited to, 
catastrophic illness, divorce, death, or disability.
    (b) In determining whether an offset would prevent the employee from 
meeting essential subsistence expenses (costs for food, housing, 
clothing, transportation and medical care), the employee shall submit a 
detailed statement and supporting documents for the employee, his or her 
spouse and dependents indicating:
    (1) Income from all sources;
    (2) Assets;
    (3) Liabilities;
    (4) Number of dependents;
    (5) Expenses for food, housing, clothing and transportation;
    (6) Medical expenses; and
    (7) Exceptional expenses, if any.
    (c) If the employee requests a special review under this section, 
the employee shall file an alternative proposed offset or payment 
schedule and a statement, with supporting documents, showing why the 
current salary offset or payments result in significant financial 
hardship to the employee.
    (d) The Peace Corps shall evaluate the statement and supporting 
documents, and determine whether the original offset or repayment 
schedule imposes significant financial hardship on the employee. The 
Peace Corps shall notify the employee in writing of such determination, 
including, if appropriate, a revised offset or payment schedule.
    (e) If the special review results in a revised offset or repayment 
schedule, the Peace Corps salary offset coordination officer shall 
provide a new certification to the paying agency.



Sec. 309.15  Notice of salary offset.

    (a) Upon receipt of proper certification of the creditor agency, the 
Peace Corps payroll office will send the employee a written notice of 
salary offset. Such notice shall, at a minimum:
    (1) Contain a copy of the certification received from the creditor 
agency; and
    (2) Advise the employee that salary offset will be initiated at the 
next officially established pay interval.
    (b) The payroll office shall provide a copy of the notice to the 
creditor agency and advise such agency of the dollar amount to be offset 
and the pay period when the offset will begin.



Sec. 309.16  Procedures for salary offset.

    (a) The Director (or designee) shall coordinate salary deductions 
under this subpart.
    (b) The payroll office shall determine the amount of the employee's 
disposable pay and will implement the salary offset.
    (c) Deductions shall begin within 3 official pay periods following 
receipt by the payroll office of certification.
    (d) Types of collection. (1) Lump-sum payment. If the amount of the 
debt is equal to or less than 15 percent of disposable pay, such debt 
generally will be collected in one lump-sum payment.

[[Page 55]]

    (2) Installment deductions. Installment deductions will be made over 
a period not greater than the anticipated period of employment. The size 
and frequency of installment deductions will bear a reasonable relation 
to the size of the debt and the employee's ability to pay. However, the 
amount deducted from any period may not exceed 15 percent of the 
disposable pay from which the deduction is made unless the employee has 
agreed in writing to the deduction of a greater amount.
    (3) Lump-sum deductions from final check. A lump-sum deduction 
exceeding the 15 percent of disposable pay limitation may be made from 
any final salary payment pursuant to 31 U.S.C. 3716 in order to 
liquidate the debt, whether the employee is being separated voluntarily 
or involuntarily.
    (4) Lump-sum deductions from other sources. Whenever an employee 
subject to salary offset is separated from the Peace Corps, and the 
balance of the debt cannot be liquidated by offset of the final salary 
check, the Peace Corps, pursuant to 31 U.S.C. 3716, may offset any later 
payments of any kind against the balance of the debt.
    (e) Multiple debts. In instances where two or more creditor agencies 
are seeking salary offsets, or where two or more debts are owed to a 
single creditor agency, the payroll office may, at its discretion, 
determine whether one or more debts should be offset simultaneously 
within the 15 percent limitation.
    (f) Precedence of debts owed to the Peace Corps. For Peace Corps 
employees, debts owed to the agency generally take precedence over debts 
owed to other agencies. In the event that a debt to the Peace Corps is 
certified while an employee is subject to a salary offset to repay 
another agency, the payroll office may decide whether to have that debt 
repaid in full before collecting its claim or whether changes should be 
made in the salary deduction being sent to the other agency. If debts 
owed the Peace Corps can be collected in one pay period, the payroll 
office may suspend the salary offset to the other agency for that pay 
period in order to liquidate the Peace Corps' debt. When an employee 
owes two or more debts, the best interests of the Government shall be 
the primary consideration in the determination by the payroll office of 
the order of the debt collection.



Sec. 309.17  Coordinating salary offset with other agencies.

    (a) Responsibility of the Peace Corps as the creditor agency.
    (1) The Director or Director's designee shall coordinate debt 
collections and shall, as appropriate:
    (i) Arrange for a hearing upon proper petition by a federal 
employee; and
    (ii) Prescribe such practices and procedures as may be necessary to 
carry out the intent of this subpart.
    (2) Designate a salary offset coordination officer who will be 
responsible for:
    (i) Ensuring that each notice of intent to offset is consistent with 
the requirements of Sec. 309.10;
    (ii) Ensuring that each certification of debt sent to a paying 
agency is consistent with the requirements of Sec. 309.12;
    (iii) Obtaining hearing officials from other agencies pursuant to 
Sec. 309.11(f); and
    (iv) Ensuring that hearings are properly scheduled.
    (3) Request recovery from current paying agency. Upon completion of 
the procedures established in these regulations and pursuant to 5 U.S.C. 
5514, the Peace Corps must:
    (i) Certify, in writing, that the employee owes the debt, the amount 
and basis of the debt, the date on which payments are due, the date the 
Government's right to collect the debt first accrued, and that the Peace 
Corps' regulations implementing 5 U.S.C. 5514 have been approved by the 
Office of Personnel Management;
    (ii) Advise the paying agency of the actions taken under 5 U.S.C. 
5514(a) and give the dates the actions were taken (unless the employee 
has consented to the salary offset in writing or signed a statement 
acknowledging receipt of the required procedures and the written consent 
or statement is forwarded to the paying agency);
    (iii) Except as otherwise provided in paragraph (a)(3) of this 
section, submit a debt claim containing the information specified in 
paragraphs (a)(3) (i)

[[Page 56]]

and (ii) of this section and an installment agreement (or other 
instruction on the payment schedule), if applicable, to the employee's 
paying agency;
    (iv) If the employee is in the process of separating, the Peace 
Corps must submit its debt claim to the employee's paying agency for 
collection as provided in Sec. 309.16. The paying agency must certify 
the total amount of its collection and notify the creditor agency and 
the employee as provided in paragraph (b)(4) of this section. If the 
paying agency is aware that the employee is entitled to payments from 
the Civil Service Retirement and Disability Fund, or other similar 
payments, it must provide written notification to the agency responsible 
for making such payments that the debtor owes a debt (including the 
amount) and that the provisions of this section have been fully complied 
with. However, the Peace Corps must submit a properly certified claim to 
the agency responsible for making such payments before the collection 
can be made.
    (v) If the employee is already separated and all payments due from 
his or her former paying agency have been paid, the Peace Corps may 
request, unless otherwise prohibited, that money due and payable to the 
employee from the Civil Service Retirement and Disability Fund (5 CFR 
831.1801 et seq.) or other similar funds, be administratively offset to 
collect the debt (See 31 U.S.C. 3716 and 41 CFR 102.4).
    (4) When an employee transfers to another paying agency, the Peace 
Corps need not repeat the due process procedures described in 5 U.S.C. 
5514 and this subpart to continue the collection. The Peace Corps must 
review the debt upon receiving the former paying agency's notice of the 
employee's transfer to make sure the collection is continued by the new 
paying agency.
    (b) Responsibility of the Peace Corps as the paying agency.
    (1) Complete claim. When the Peace Corps receives a certified claim 
from a creditor agency, deductions should be scheduled to begin at the 
next officially established pay interval. The employee must receive 
written notice that the Peace Corps has received a certified debt claim 
from the creditor agency (including the amount) and written notice of 
the date salary offset will begin and the amount of such deductions.
    (2) Incomplete claim. When the Peace Corps receives an incomplete 
certification of debt from a creditor agency, the Peace Corps must 
return the debt claim with notice that procedures under 5 U.S.C. 5514 
and this subpart must be followed and a properly certified debt claim 
received before action will be taken to collect from the employee's 
current pay account.
    (3) Review. The Peace Corps is not authorized to review the merits 
of the creditor agency's determination with respect to the amount or 
validity of the debt certified by the creditor agency.
    (4) Employees who transfer from one paying agency to another. If, 
after the creditor agency has submitted the debt claim to the Peace 
Corps, the employee transfers to another agency before the debt is 
collected in full, the Peace Corps must certify the total amount 
collected on the debt. One copy of the certification must be furnished 
to the employee and one copy to the creditor agency along with notice of 
the employee's transfer.



Sec. 309.18  Interest, penalties and administrative costs.

    The Peace Corps shall assess interest, penalties and administrative 
costs on debts owed pursuant to 31 U.S.C. 3717 and 4 CFR 102.13.



Sec. 309.19  Refunds.

    (a) In instances where the Peace Corps is the creditor agency, it 
shall promptly refund any amounts deducted under the authority of 5 
U.S.C. 5514 when:
    (1) The debt is waived or otherwise found not to be owed to the 
United States; or
    (2) An administrative or judicial order directs the Peace Corps to 
make a refund.
    (b) Unless required or permitted by law or contract, refunds under 
this subpart shall not bear interest.

[[Page 57]]



Sec. 309.20  Request for the services of a hearing official from the creditor agency.

    (a) The Peace Corps will provide a hearing official upon request of 
the creditor agency when the debtor is employed by the Peace Corps and 
the creditor agency cannot provide a prompt and appropriate hearing 
before an administrative law judge or before a hearing official 
furnished pursuant to another lawful arrangement.
    (b) The Peace Corps will provide a hearing official upon request of 
a creditor agency when the debtor works for the creditor agency and that 
agency cannot arrange for a hearing official.
    (c) The salary offset coordination officer will appoint qualified 
personnel to serve as hearing officials.
    (d) Services rendered under this section will be provided on a fully 
reimbursable basis pursuant to the Economy Act of 1932, as amended, 31 
U.S.C. 1535.



Sec. 309.21  Non-waiver of rights by payments.

    An employee's involuntary payment of all or any portion of a debt 
being collected under this subpart shall not be construed as a waiver of 
any rights which the employee may have under 5 U.S.C. 5514 or any other 
provision of a written contract or law unless there are statutory or 
contractual provisions to the contrary.



                      Subpart C--Tax Refund Offset



Sec. 309.22  Applicability and scope.

    This subpart implements 31 U.S.C. 3720A which authorizes the 
Internal Revenue Service (IRS) to reduce a tax refund by the amount of a 
past-due legally enforceable debt owed to the United States.



Sec. 309.23  Past-due legally enforceable debt.

    For purposes of this subpart, a past-due legally enforceable debt 
referable to the IRS is a debt which is owed to the United States and:
    (a) Except in the case of a judgment debt, has been delinquent for 
at least 3 months and will not have been delinquent more than 10 years 
at the time offset is made;
    (b) Cannot be currently collected pursuant to the salary offset 
provisions of 5 U.S.C. 5514;
    (c) Is ineligible for administrative offset under 31 U.S.C. 3716(a) 
by reason of 31 U.S.C. 3716(c)(2) or cannot be collected by 
administrative offset under 31 U.S.C. 3716(a) by the Peace Corps against 
amounts payable to the debtor by the Peace Corps;
    (d) With respect to which the Peace Corps has given the taxpayer at 
least 60 days to present evidence that all or part of the debt is not 
past-due or legally enforceable, has considered evidence presented by 
such taxpayer, and determined that an amount of such debt is past-due 
and legally enforceable;
    (e) Has been disclosed by the Peace Corps to a consumer reporting 
agency as authorized by 31 U.S.C. 3711(f), unless the consumer reporting 
agency would be prohibited from reporting information concerning the 
debt by reason of 15 U.S.C. 1681c, or unless the amount of the debt does 
not exceed $100;
    (f) Is at least $25; and
    (g) With respect to which the Peace Corps has notified or has made a 
reasonable attempt to notify the taxpayer that:
    (1) The debt is past due, and
    (2) Unless repaid within 60 days thereafter, the debt will be 
referred to the IRS for offset against any overpayment of tax. For the 
purposes of paragraph (g) of this section, in order to make a reasonable 
attempt to notify the debtor, Peace Corps must use such address for the 
debtor as may be obtainable from IRS pursuant to section 6103(m)(2), 
(m)(4), or (m)(5) of the Internal Revenue Code.



Sec. 309.24  Definitions.

    For purpose of this subpart: Commissioner means the Commissioner of 
the Internal Revenue Service.
    Memorandum of Understanding (MOU or agreement) means the agreement 
between the IRS and the Peace Corps which prescribes the specific 
conditions the Peace Corps must meet before the IRS will accept 
referrals for tax refund offsets.

[[Page 58]]



Sec. 309.25  Peace Corps' participation in IRS tax refund offset program.

    (a) The Peace Corps will provide information to the IRS within the 
time frame prescribed by the Commissioner of the IRS to enable the 
Commissioner to make a final determination as to the Peace Corps' 
participation in the tax refund offset program. Such information will 
include a description of:
    (1) The size and age of the Peace Corps' inventory of delinquent 
debts;
    (2) The prior collection efforts that the inventory reflects; and
    (3) The quality controls the Peace Corps maintains to assure that 
any debt that may be submitted for tax refund offset will be valid and 
enforceable.
    (b) In accordance with the timetable specified by the Commissioner, 
the Peace Corps will submit test magnetic media to the IRS, in such form 
and containing such data as the IRS shall specify.
    (c) The Peace Corps will provide the IRS with a telephone number 
which the IRS may furnish to individuals whose refunds have been offset 
to obtain information concerning the offset.



Sec. 309.26  Procedures.

    (a) The Chief Financial Officer (or designee) shall be the point of 
contact with the IRS for administrative matters regarding the offset 
program.
    (b) The Peace Corps shall ensure that:
    (1) Only those past-due legally enforceable debts described in 
Sec. 309.23 are forwarded to the IRS for offset; and
    (2) The procedures prescribed in the MOU between the Peace Corps and 
the IRS are followed in developing past-due debt information and 
submitting the debts to the IRS.
    (c) The Peace Corps shall submit a notification of a taxpayer's 
liability for past-due legally enforceable debt to the IRS on magnetic 
media as prescribed by the IRS. Such notification shall contain:
    (1) The name and taxpayer identifying number (as defined in section 
6109 of the Internal Revenue Code) of the individual who is responsible 
for the debt;
    (2) The dollar amount of such past-due and legally enforceable debt;
    (3) The date on which the original debt became past due;
    (4) A statement accompanying each magnetic tape certifying that, 
with respect to each debt reported on the tape, all of the requirements 
of eligibility of the debt for referral for the refund offset have been 
satisfied. See Sec. 309.23.
    (d) The Peace Corps shall promptly notify the IRS to correct data 
submitted when the Peace Corps:
    (1) Determines that an error has been made with respect to a debt 
that has been referred;
    (2) Receives or credits a payment on such debt; or
    (3) Receives notification that the individual owing the debt has 
filed for bankruptcy under title 11 of the United States Code or has 
been adjudicated bankrupt and the debt has been discharged.
    (e) When advising debtors of an intent to refer a debt to the IRS 
for offset, the Peace Corps shall also advise the debtors of all 
remedial actions available to defer or prevent the offset from taking 
place.



Sec. 309.27  Referral of debts for offset.

    (a) The Peace Corps shall refer to the IRS for collection by tax 
refund offset, from refunds otherwise payable, only such past-due 
legally enforceable debts owed to the Peace Corps:
    (1) That are eligible for offset under the terms of 31 U.S.C. 3720A, 
section 6402(d) of the Internal Revenue Code, 26 CFR 301.6402-6T and the 
MOU; and
    (2) That information will be provided for each such debt as is 
required by the terms of the MOU.
    (b) Such referrals shall be made by submitting to the IRS a magnetic 
tape pursuant to Sec. 309.26(c), together with a written certification 
that the conditions or requirements specified in 26 CFR 301.6402-6T and 
the MOU have been satisfied with respect to each debt included in the 
referral on such tape. The certification shall be in the form specified 
in the MOU.



Sec. 309.28  Notice requirements before offset.

    (a) The Peace Corps must notify, or make a reasonable attempt to 
notify, the individual that:
    (1) The debt is past due; and

[[Page 59]]

    (2) Unless repaid within 60 days thereafter, the debt will be 
referred to the IRS for offset against any refund of overpayment of tax.
    (b) The Peace Corps shall provide a mailing address for forwarding 
any correspondence and a contact name and telephone number for any 
questions.
    (c) The Peace Corps shall give the individual debtor at least 60 
days from the date of the notification to present evidence that all or 
part of the debt is not past due or legally enforceable. The Peace Corps 
shall consider the evidence presented by the individual and shall make a 
determination whether any part of such debt is past due and legally 
enforceable. For purposes of this subpart, evidence that collection of 
the debt is affected by a bankruptcy proceeding involving the individual 
shall bar referral of the debt to the IRS.
    (d) Notification given to a debtor pursuant to paragraphs (a), (b), 
and (c) of this section shall advise the debtor of how he or she may 
present evidence to the Peace Corps that all or part of the debt is not 
past due or legally enforceable. Such evidence may not be referred to, 
or considered by, individuals who are not officials, employees, or 
agents of the United States in making the determination required under 
paragraph (c) of this section. Unless such evidence is directly 
considered by an official or employee of the Peace Corps, and the 
determination required under paragraph (c) of this section has been made 
by an official or employee of the Peace Corps, any unresolved dispute 
with the debtor as to whether all or part of the debt is past due or 
legally enforceable must be referred to the Peace Corps for ultimate 
administrative disposition, and the Peace Corps must directly notify the 
debtor of its determination.



                    Subpart D--Administrative Offset



Sec. 309.29  Applicability and scope.

    The provisions of this subpart apply to the collection of debts owed 
to the United States arising from transactions with the Peace Corps. 
Administrative offset is authorized under section 5 of the Federal 
Claims Collection Act of 1966, as amended by the Debt Collection Act of 
1982 (31 U.S.C. 3716). These regulations are consistent with the Federal 
Claims Collection Standards on administrative offset issued jointly by 
the Department of Justice and the General Accounting Office as set forth 
in 4 CFR part 102.



Sec. 309.30  Definitions.

    (a) Administrative offset, as defined in 31 U.S.C. 3701(a)(1), means 
withholding money payable by the United States Government to, or held by 
the Government for, a person to satisfy a debt the person owes the 
Government.
    (b) Person includes a natural person or persons, profit or nonprofit 
corporation, partnership, association, trust, estate, consortium, or 
other entity which is capable of owing a debt to the United States 
Government except that agencies of the United States, or of any State or 
local government shall be excluded.



Sec. 309.31  General.

    (a) The Director of the Peace Corps (or designee) will determine the 
feasibility of collection by administrative offset on a case-by-case 
basis for each claim established. The Director (or designee) will 
consider the following issues in making a determination to collect a 
claim by administrative offset:
    (1) Can administrative offset be accomplished?
    (2) Is administrative offset practical and legal?
    (3) Does administrative offset best serve and protect the interest 
of the U.S. Government?
    (4) Is administrative offset appropriate given the debtor's 
financial condition?
    (b) The Director (or designee) may initiate administrative offset 
with regard to debts owed by a person to another agency of the United 
States Government, upon receipt of a request from the head of another 
agency or his or her designee, and a certification that the debt exists 
and that the person has been afforded the necessary due process rights.
    (c) The Director (or designee) may request another agency that holds 
funds payable to a Peace Corps debtor to offset the debt against the 
funds held and will provide certification that:
    (1) The debt exists; and

[[Page 60]]

    (2) The person has been afforded the necessary due process rights.
    (d) No collection by administrative offset shall be made on any debt 
that has been outstanding for more than 10 years unless facts material 
to the Government's right to collect the debt were not known, and 
reasonably could not have been known, by the official or officials 
responsible for discovering the debt.
    (e) Administrative offset under this subpart may not be initiated 
against:
    (1) A debt in which administrative offset of the type of debt 
involved is explicitly provided for or prohibited by another statute;
    (2) Debts owed by other agencies of the United States or by any 
State or local Government; or
    (3) Debts arising under the Internal Revenue Code of 1954; the 
Social Security Act; or the tariff laws of the United States.
    (f) The procedures for administrative offset in this subpart do not 
apply to the offset of Federal salaries under 5 U.S.C. 5514.



Sec. 309.32  Demand for payment--notice.

    (a) Whenever possible, the Peace Corps will seek written consent 
from the debtor to initiate immediate collection before starting the 
formal notification process.
    (b) In cases where written agreement to collect cannot be obtained 
from the debtor, a formal notification process shall be followed, 4 CFR 
102.2. Prior to collecting a claim by administrative offset, the Peace 
Corps shall send to the debtor, by certified or registered mail with 
return receipt, written demands for payment in terms which inform the 
debtor of the consequences of failure to cooperate. A total of 3 
progressively stronger written demands at not more than 30 day intervals 
will normally be made unless a response to the first or second demand 
indicates that a further demand would be futile or the debtor's response 
does not require rebuttal, or other pertinent information indicates that 
additional written demands would be unnecessary. In determining the 
timing of the demand letters, the Peace Corps should give due regard to 
the need to act promptly so that, as a general rule, if necessary to 
refer the debt to the Department of Justice for litigation, such 
referral can be made within 1 year of the final determination of the 
fact and the amount of the debt. When appropriate to protect the 
Government's interests (for example, to prevent the statute of 
limitations from expiring), written demand may be preceded by other 
appropriate actions, including immediate referral for litigation.
    (c) Before offset is made, a written notice will be sent to the 
debtor. This notice will include:
    (1) The nature and amount of the debt;
    (2) The date when payment is due (not less than 30 days from the 
date of mailing or hand delivery of the notice);
    (3) The agency's intention to collect the debt by administrative 
offset, including asking the assistance of other Federal agencies to 
help in the offset whenever possible, if the debtor has not made payment 
by the payment due date or has not made an arrangement for payment by 
the payment due date;
    (4) Any provision for interest, late payment penalties and 
administrative charges, if payment is not received by the due date;
    (5) The possible reporting of the claim to consumer reporting 
agencies and the possibility that Peace Corps will forward the claim to 
a collection agency;
    (6) The right of the debtor to inspect and copy Peace Corps' records 
related to the claim;
    (7) The right of the debtor to request a review of the determination 
of indebtedness and, in the circumstances described below, to request an 
oral hearing from the Peace Corps;
    (8) The right of the debtor to enter into a written agreement with 
the agency to repay the debt in some other way; and
    (9) In appropriate cases, the right of the debtor to request a 
waiver.
    (d) Claims for payment of travel advances and employee training 
expenses require notification prior to administrative offset as 
described in this section. Because no oral hearing is required, notice 
of the right to a hearing need not be included in the notification.

[[Page 61]]



Sec. 309.33  Debtor's failure to respond.

    If the debtor fails to respond to the notice described in 
Sec. 309.32 (c) by the proposed effective date specified in the notice, 
the Peace Corps may take further action under this part or the FCCS 
under 4 CFR parts 101 through 105. Peace Corps may collect by 
administrative offset if the debtor:
    (a) Has not made payment by the payment due date;
    (b) Has not requested a review of the claim within the agency as set 
out in Sec. 309.34; or
    (c) Has not made an arrangement for payment by the payment due date.



Sec. 309.34  Agency review.

    (a) A debtor may dispute the existence of the debt, the amount of 
the debt, or the terms of repayment. A request to review a disputed debt 
must be submitted to the Peace Corps official who provided notification 
within 30 calendar days of the receipt of the written notice described 
in Sec. 309.32(c).
    (b) The Peace Corps will provide a copy of the record to the debtor 
and advise him/her to furnish available evidence to support his or her 
position. Upon receipt of the evidence, the Peace Corps will review the 
written record of indebtedness and inform the debtor of its findings.
    (c) Pending the resolution of a dispute by the debtor, transactions 
in any of the debtor's accounts maintained by the Peace Corps may be 
temporarily suspended. Depending on the type of transaction the 
suspension could preclude its payment, removal, or transfer, as well as 
prevent the payment of interest or discount due thereon. Should the 
dispute be resolved in the debtor's favor, the suspension will be 
immediately lifted.
    (d) During the review period, interest, penalties, and 
administrative costs authorized under the Federal Claims Collection Act 
of 1966, as amended, will continue to accrue.



Sec. 309.35  Hearing.

    (a) A debtor will be provided a reasonable opportunity for an oral 
hearing when:
    (1)(i) By statute, consideration must be given to a request to waive 
the indebtedness;
    (ii) The debtor requests waiver of the indebtedness; and
    (iii) The waiver determination rests on an issue of creditability or 
veracity; or
    (2) The debtor requests reconsideration and the Peace Corps 
determines that the question of indebtedness cannot be resolved by 
reviewing the documentary evidence.
    (b) In cases where an oral hearing is provided to the debtor, the 
Peace Corps will conduct the hearing, and provide the debtor with a 
written decision.



Sec. 309.36  Written agreement for repayment.

    If the debtor requests a repayment agreement in place of offset, the 
Peace Corps has discretion and should use sound judgment to determine 
whether to accept a repayment agreement in place of offset. If the debt 
is delinquent and the debtor has not disputed its existence or amount, 
the Peace Corps will not accept a repayment agreement in place of offset 
unless the debtor is able to establish that offset would cause undue 
financial hardship or be unjust. No repayment arrangement will be 
considered unless the debtor submits a financial statement, executed 
under penalty of perjury, reflecting the debtor's assets, liabilities, 
income, and expenses. The financial statement must be submitted within 
10 business days of the Peace Corps' request for the statement. At the 
Peace Corps' option, a confess-judgment note or bond of indemnity with 
surety may be required for installment agreements. Notwithstanding the 
provisions of this section, any reduction or compromise of a claim will 
be governed by 4 CFR part 103 and 31 CFR 5.3.



Sec. 309.37  Administrative offset procedures.

    (a) If the debtor does not exercise the right to request a review 
within the time specified in Sec. 309.34, or if as a result of the 
review, it is determined that the debt is due and no written agreement 
is executed, then administrative offset shall be ordered in accordance 
with this subpart without further notice.

[[Page 62]]

    (b) Travel advance. The Peace Corps will deduct outstanding advances 
provided to Peace Corps travelers from other amounts owed the traveler 
by the agency whenever possible and practicable. Monies owed by an 
employee for outstanding travel advances which cannot be deducted from 
other travel amounts due that employee, will be collected through salary 
offset as described in subpart B of this part.
    (c) Volunteer allowances. The Peace Corps may deduct through 
administrative offset amounts owed the U.S. Government by Volunteers and 
Trainees from the readjustment allowance account.
    (1) Overseas posts will obtain written consent from Volunteers or 
Trainees who are indebted to the agency upon close of service or 
termination, to deduct amounts owed from their readjustment allowances. 
Posts will immediately submit the written consent to Volunteer and Staff 
Payroll Services Division (VSPS).
    (2) In cases where written consent from indebted Volunteers or 
Trainees cannot be obtained, overseas posts will immediately report the 
documented debts to VSPS. VSPS may then initiate offset against the 
readjustment allowance. Prior to offset action, VSPS will notify the 
debtor Volunteer or Trainee of their rights as required in Sec. 309.32.
    (d) Requests for offset to other Federal agencies. The Director or 
his or her designee may request that a debt owed to the Peace Corps be 
administratively offset against funds due and payable to a debtor by 
another Federal agency. In requesting administrative offset, the Peace 
Corps, as creditor, will certify in writing to the Federal agency 
holding funds of the debtor;
    (1) That the debtor owes the debt;
    (2) The amount and basis of the debt; and
    (3) That the Peace Corps has complied with the requirements of 31 
U.S.C. 3716, its own administrative offset regulations and the 
applicable provisions of 4 CFR part 102 with respect to providing the 
debtor with due process.
    (e) Requests for offset from other Federal agencies. Any Federal 
agency may request that funds due and payable to its debtor by the Peace 
Corps be administratively offset in order to collect a debt owed to such 
Federal agency by the debtor. The Peace Corps shall initiate the 
requested offset only upon:
    (1) Receipt of written certification from the creditor agency:
    (i) That the debtor owes the debt;
    (ii) The amount and basis of the debt;
    (iii) That the agency has prescribed regulations for the exercise of 
administrative offset; and
    (iv) That the agency has complied with its own administrative offset 
regulations and with the applicable provisions of 4 CFR part 102, 
including providing any required hearing or review.
    (2) A determination by the Peace Corps that collection by offset 
against funds payable by the Peace Corps would be in the best interest 
of the United States as determined by the facts and circumstances of the 
particular case, and that such offset would not otherwise be contrary to 
law.



Sec. 309.38  Civil and Foreign Service Retirement Fund.

    (a) Unless otherwise prohibited by law, Peace Corps may request that 
monies that are due and payable to a debtor from the Civil Service 
Retirement and Disability Fund, the Foreign Service Retirement Fund or 
any other Federal retirement fund be administratively offset in 
reasonable amounts in order to collect in one full payment or a minimal 
number of payments, debts owed the United States by the debtor. Such 
requests shall be made to the appropriate officials of the respective 
fund servicing agency in accordance with such regulations as may be 
prescribed by the Director of that agency. The requests for 
administrative offset will certify in writing the following:
    (1) The debtor owes the United States a debt and the amount of the 
debt;
    (2) The Peace Corps has complied with applicable regulations and 
procedures;
    (3) The Peace Corps has followed the requirements of the FCCS as 
described in this subpart.
    (b) Once Peace Corps decides to request offset under paragraph (a) 
of this section, it will make the request as soon as practical after 
completion of the applicable procedures in order that

[[Page 63]]

the fund servicing agency may identify and flag the debtor's account in 
anticipation of the time when the debtor requests or becomes eligible to 
receive payments from the fund. This will satisfy any requirements that 
offset will be initiated prior to expiration of the statute of 
limitations.
    (c) If Peace Corps collects part or all of the debt by other means 
before deductions are made or completed pursuant to paragraph (a) of 
this section, Peace Corps shall act promptly to modify or terminate its 
request for offset.
    (d) This section does not require or authorize the fund servicing 
agency to review the merits of Peace Corps' determination relative to 
the debt.



Sec. 309.39  Jeopardy procedure.

    The Peace Corps may effect an administrative offset against a 
payment to be made to the debtor prior to the completion of the 
procedures required by Sec. 309.32(c) of this subpart if failure to take 
the offset would substantially jeopardize the Peace Corps' ability to 
collect the debt, and the time available before the payment is to be 
made does not reasonably permit the completion of those procedures. Such 
prior offset shall be promptly followed by the completion of those 
procedures. Amounts recovered by offset but later found not to be owed 
to the Peace Corps shall be promptly refunded.



     Subpart E--Use of Consumer Reporting Agencies and Referrals to 
                           Collection Agencies



Sec. 309.40  Use of consumer reporting agencies.

    (a) The Peace Corps may report delinquent debts to consumer 
reporting agencies (see 31 U.S.C. 3701(a)(3)). Sixty days prior to 
release of information to a consumer reporting agency, the debtor shall 
be notified, in writing, of the intent to disclose the existence of the 
debt to a consumer reporting agency. Such notice of intent may be 
separate correspondence or included in correspondence demanding direct 
payment. The notice shall be in conformance with 31 U.S.C. 3711(f) and 
the Federal Claims Collection Standards.
    (b) The information that may be disclosed to the consumer reporting 
agency is limited to:
    (1) The debtor's name, address, social security number or taxpayer 
identification number, and any other information necessary to establish 
the identity of the individual;
    (2) The amount, status, and history of the claim; and
    (3) The Peace Corps program or activity under which the claim arose.



Sec. 309.41  Referrals to collection agencies.

    (a) Peace Corps has authority to contract for collection services to 
recover delinquent debts in accordance with 31 U.S.C. 3718(c) and the 
FCCS (4 CFR 102.6).
    (b) Peace Corps will use private collection agencies where it 
determines that their use is in the best interest of the Government. 
Where Peace Corps determines that there is a need to contract for 
collection services, the contract will provide that:
    (1) The authority to resolve disputes, compromise claims, suspend or 
terminate collection action, and refer the matter to the Department of 
Justice for litigation or to take any other action under this Part will 
be retained by the Peace Corps;
    (2) Contractors are subject to the Privacy Act of 1974, as amended, 
to the extent specified in 5 U.S.C. 552a(m) and to applicable Federal 
and State laws and regulations pertaining to debt collection practices, 
such as the Fair Debt Collection Practices Act, 15 U.S.C. 1692;
    (3) The contractor is required to strictly account for all amounts 
collected;
    (4) The contractor must agree that uncollectible accounts shall be 
returned with appropriate documentation to enable Peace Corps to 
determine whether to pursue collection through litigation or to 
terminate collection;
    (5) The contractor must agree to provide any data in its files 
relating to paragraphs (a) (1), (2) and (3) of section 105.2 of the 
Federal Claims Collection Standards upon returning the account to Peace 
Corps for subsequent referral to the Department of Justice for 
litigation.

[[Page 64]]

    (c) Peace Corps will not use a collection agency to collect a debt 
owed by a current employed or retired Federal employee, if collection by 
salary or annuity offset is available.



 Subpart F--Compromise, Suspension or Termination and Referral of Claims



Sec. 309.42  Compromise.

    Peace Corps may attempt to effect compromise in accordance with the 
standards set forth in part 103 of the FCCS (4 CFR part 103).



Sec. 309.43  Suspending or terminating collection.

    Suspension or termination of collection action shall be made in 
accordance with the standards set forth in Part 104 of the FCCS (4 CFR 
104)



Sec. 309.44  Referral of claims.

    Claims on which an aggressive collection action has been taken and 
which cannot be collected, compromised or on which collection action 
cannot be suspended or terminated under parts 103 and 104 of the FCCS (4 
CFR parts 103 and 104), shall be referred to the General Accounting 
Office or the Department of Justice, as appropriate, in accordance with 
the procedures set forth in part 105 of the FCCS (4 CFR part 105).



PART 310--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents




                           Subpart A--General

Sec.
310.100  Purpose.
310.105  Definitions.
310.110  Coverage.
310.115  Policy.

                       Subpart B--Effect of Action

310.200  Debarment or suspension.
310.205  Ineligible persons.
310.210  Voluntary exclusion.
310.215  Exception provision.
310.220  Continuation of covered transactions.
310.225  Failure to adhere to restrictions.

                          Subpart C--Debarment

310.300  General.
310.305  Causes for debarment.
310.310  Procedures.
310.311  Investigation and referral.
310.312  Notice of proposed debarment.
310.313  Opportunity to contest proposed debarment.
310.314  Debarring official's decision.
310.315  Settlement and voluntary exclusion.
310.320  Period of debarment.
310.325  Scope of debarment.

                          Subpart D--Suspension

310.400  General.
310.405  Causes for suspension.
310.410  Procedures.
310.411  Notice of suspension.
310.412  Opportunity to contest suspension.
310.413  Suspending official's decision.
310.415  Period of suspension.
310.420  Scope of suspension.

       Subpart E--Responsibilities of GSA, Agency and Participants

310.500  GSA responsibilities.
310.505  Peace Corps responsibilities.
310.510  Participants' responsibilities.

          Subpart F--Drug-Free Workplace Requirements (Grants)

310.600  Purpose.
310.605  Definitions.
310.610  Coverage.
310.615  Grounds for suspension of payments, suspension or termination 
          of grants, or suspension or debarment.
310.620  Effect of violation.
310.625  Exception provision.
310.630  Certification requirements and procedures.
310.635  Reporting of and employee sanctions for convictions of criminal 
          drug offenses.

Appendix A to Part 310--Certification Regarding Debarment, Suspension, 
          and Other Responsibility Matters--Primary Covered Transactions

Appendix B to Part 310--Certification Regarding Debarment, Suspension, 
          Ineligibility and Voluntary Exclusion--Lower Tier Covered 
          Transactions

Appendix C to Part 310--Certification Regarding Drug-Free Workplace 
          Requirements

    Authority: E.O. 12549; Sec. 5151-5160 of the Drug-Free Workplace Act 
of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.); 
22 U.S.C. 2503.


[[Page 65]]


    Source: 54 FR 4722, 4734, Jan. 30, 1989, unless otherwise noted.
    Cross References:1. For additional information, see related 
documents published at 52 FR 20360, May 29, 1987; 53 FR 19160, May 26, 
1988; 53 FR 34474, Sept. 6, 1988; and 60 FR 33036, June 26, 1995.
    2. See also Office of Management and Budget notice published at 55 
FR 21679, May 25, 1990.



                           Subpart A--General



Sec. 310.100  Purpose.

    (a) Executive Order (E.O.) 12549 provides that, to the extent 
permitted by law, Executive departments and agencies shall participate 
in a governmentwide system for nonprocurement debarment and suspension. 
A person who is debarred or suspended shall be excluded from Federal 
financial and nonfinancial assistance and benefits under Federal 
programs and activities. Debarment or suspension of a participant in a 
program by one agency shall have governmentwide effect.
    (b) These regulations implement section 3 of E.O. 12549 and the 
guidelines promulgated by the Office of Management and Budget under 
section 6 of the E.O. by:
    (1) Prescribing the programs and activities that are covered by the 
governmentwide system;
    (2) Prescribing the governmentwide criteria and governmentwide 
minimum due process procedures that each agency shall use;
    (3) Providing for the listing of debarred and suspended 
participants, participants declared ineligible (see definition of 
``ineligible'' in Sec. 310.105), and participants who have voluntarily 
excluded themselves from participation in covered transactions;
    (4) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion; and
    (5) Offering such other guidance as necessary for the effective 
implementation and administration of the governmentwide system.
    (c) These regulations also implement Executive Order 12689 (3 CFR, 
1989 Comp., p. 235) and 31 U.S.C. 6101 note (Public Law 103-355, sec. 
2455, 108 Stat. 3327) by--
    (1) Providing for the inclusion in the List of Parties Excluded from 
Federal Procurement and Nonprocurement Programs all persons proposed for 
debarment, debarred or suspended under the Federal Acquisition 
Regulation, 48 CFR Part 9, subpart 9.4; persons against which 
governmentwide exclusions have been entered under this part; and persons 
determined to be ineligible; and
    (2) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion.
    (d) Although these regulations cover the listing of ineligible 
participants and the effect of such listing, they do not prescribe 
policies and procedures governing declarations of ineligibility.

[60 FR 33040, 33045, June 26, 1995]



Sec. 310.105  Definitions.

    The following definitions apply to this part:
    Adequate evidence. Information sufficient to support the reasonable 
belief that a particular act or omission has occurred.
    Affiliate. Persons are affiliates of each other if, directly or 
indirectly, either one controls or has the power to control the other, 
or, a third person controls or has the power to control both. Indicia of 
control include, but are not limited to: interlocking management or 
ownership, identity of interests among family members, shared facilities 
and equipment, common use of employees, or a business entity organized 
following the suspension or debarment of a person which has the same or 
similar management, ownership, or principal employees as the suspended, 
debarred, ineligible, or voluntarily excluded person.
    Agency.  Any executive department, military department or defense 
agency or other agency of the executive branch, excluding the 
independent regulatory agencies.
    Civil judgment. The disposition of a civil action by any court of 
competent jurisdiction, whether entered by verdict, decision, 
settlement, stipulation, or otherwise creating a civil liability for the 
wrongful acts complained of; or a final determination of liability under 
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-12).

[[Page 66]]

    Conviction. A judgment or conviction of a criminal offense by any 
court of competent jurisdiction, whether entered upon a verdict or a 
plea, including a plea of nolo contendere.
    Debarment. An action taken by a debarring official in accordance 
with these regulations to exclude a person from participating in covered 
transactions. A person so excluded is ``debarred.''
    Debarring official. An official authorized to impose debarment. The 
debarring official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Indictment. Indictment for a criminal offense. An information or 
other filing by competent authority charging a criminal offense shall be 
given the same effect as an indictment.
    Ineligible. Excluded from participation in Federal nonprocurement 
programs pursuant to a determination of ineligibility under statutory, 
executive order, or regulatory authority, other than Executive Order 
12549 and its agency implementing regulations; for example, excluded 
pursuant to the Davis-Bacon Act and its implementing regulations, the 
equal employment opportunity acts and executive orders, or the 
environmental protection acts and executive orders. A person is 
ineligible where the determination of ineligibility affects such 
person's eligibility to participate in more than one covered 
transaction.
    Legal proceedings. Any criminal proceeding or any civil judicial 
proceeding to which the Federal Government or a State or local 
government or quasi-governmental authority is a party. The term includes 
appeals from such proceedings.
    List of Parties Excluded from Federal Procurement and Nonprocurement 
Programs. A list compiled, maintained and distributed by the General 
Services Administration (GSA) containing the names and other information 
about persons who have been debarred, suspended, or voluntarily excluded 
under Executive Orders 12549 and 12689 and these regulations or 48 CFR 
part 9, subpart 9.4, persons who have been proposed for debarment under 
48 CFR part 9, subpart 9.4, and those persons who have been determined 
to be ineligible.
    Notice. A written communication served in person or sent by 
certified mail, return receipt requested, or its equivalent, to the last 
known address of a party, its identified counsel, its agent for service 
of process, or any partner, officer, director, owner, or joint venturer 
of the party. Notice, if undeliverable, shall be considered to have been 
received by the addressee five days after being properly sent to the 
last address known by the agency.
    Participant. Any person who submits a proposal for, enters into, or 
reasonably may be expected to enter into a covered transaction. This 
term also includes any person who acts on behalf of or is authorized to 
commit a participant in a covered transaction as an agent or 
representative of another participant.
    Person. Any individual, corporation, partnership, association, unit 
of government or legal entity, however organized, except: foreign 
governments or foreign governmental entities, public international 
organizations, foreign government owned (in whole or in part) or 
controlled entities, and entities consisting wholly or partially of 
foreign governments or foreign governmental entities.
    Preponderance of the evidence. Proof by information that, compared 
with that opposing it, leads to the conclusion that the fact at issue is 
more probably true than not.
    Principal. Officer, director, owner, partner, key employee, or other 
person within a participant with primary management or supervisory 
responsibilities; or a person who has a critical influence on or 
substantive control over a covered transaction, whether or not employed 
by the participant. Persons who have a critical influence on or 
substantive control over a covered transaction are:
    (1) Principal investigators.
    Proposal. A solicited or unsolicited bid, application, request, 
invitation to consider or similar communication by or on behalf of a 
person seeking to participate or to receive a benefit, directly or 
indirectly, in or under a covered transaction.

[[Page 67]]

    Respondent. A person against whom a debarment or suspension action 
has been initiated.
    State. Any of the States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, any territory or possession 
of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of local 
government. A State instrumentality will be considered part of the State 
government if it has a written determination from a State government 
that such State considers that instrumentality to be an agency of the 
State government.
    Suspending official. An official authorized to impose suspension. 
The suspending official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Suspension. An action taken by a suspending official in accordance 
with these regulations that immediately excludes a person from 
participating in covered transactions for a temporary period, pending 
completion of an investigation and such legal, debarment, or Program 
Fraud Civil Remedies Act proceedings as may ensue. A person so excluded 
is ``suspended.''
    Voluntary exclusion or voluntarily excluded. A status of 
nonparticipation or limited participation in covered transactions 
assumed by a person pursuant to the terms of a settlement.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 60 FR 33041, 33045, June 
26, 1995]



Sec. 310.110  Coverage.

    (a) These regulations apply to all persons who have participated, 
are currently participating or may reasonably be expected to participate 
in transactions under Federal nonprocurement programs. For purposes of 
these regulations such transactions will be referred to as ``covered 
transactions.''
    (1) Covered transaction. For purposes of these regulations, a 
covered transaction is a primary covered transaction or a lower tier 
covered transaction. Covered transactions at any tier need not involve 
the transfer of Federal funds.
    (i) Primary covered transaction. Except as noted in paragraph (a)(2) 
of this section, a primary covered transaction is any nonprocurement 
transaction between an agency and a person, regardless of type, 
including: Grants, cooperative agreements, scholarships, fellowships, 
contracts of assistance, loans, loan guarantees, subsidies, insurance, 
payments for specified use, donation agreements and any other 
nonprocurement transactions between a Federal agency and a person. 
Primary covered transactions also include those transactions specially 
designated by the U.S. Department of Housing and Urban Development in 
such agency's regulations governing debarment and suspension.
    (ii) Lower tier covered transaction. A lower tier covered 
transaction is:
    (A) Any transaction between a participant and a person other than a 
procurement contract for goods or services, regardless of type, under a 
primary covered transaction.
    (B) Any procurement contract for goods or services between a 
participant and a person, regardless of type, expected to equal or 
exceed the Federal procurement small purchase threshold fixed at 10 
U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a primary 
covered transaction.
    (C) Any procurement contract for goods or services between a 
participant and a person under a covered transaction, regardless of 
amount, under which that person will have a critical influence on or 
substantive control over that covered transaction. Such persons are:
    (1) Principal investigators.
    (2) Providers of federally-required audit services.
    (2) Exceptions. The following transactions are not covered:
    (i) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (ii) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, entities 
consisting wholly or partially

[[Page 68]]

of foreign governments or foreign governmental entities;
    (iii) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (iv) Federal employment;
    (v) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (vi) Incidental benefits derived from ordinary governmental 
operations; and
    (vii) Other transactions where the application of these regulations 
would be prohibited by law.
    (b) Relationship to other sections. This section describes the types 
of transactions to which a debarment or suspension under the regulations 
will apply. Subpart B, ``Effect of Action,'' Sec. 310.200, ``Debarment 
or suspension,'' sets forth the consequences of a debarment or 
suspension. Those consequences would obtain only with respect to 
participants and principals in the covered transactions and activities 
described in Sec. 310.110(a). Sections 310.325, ``Scope of debarment,'' 
and 310.420, ``Scope of suspension,'' govern the extent to which a 
specific participant or organizational elements of a participant would 
be automatically included within a debarment or suspension action, and 
the conditions under which affiliates or persons associated with a 
participant may also be brought within the scope of the action.
    (c) Relationship to Federal procurement activities. In accordance 
with E.O. 12689 and section 2455 of Public Law 103-355, any debarment, 
suspension, proposed debarment or other governmentwide exclusion 
initiated under the Federal Acquisition Regulation (FAR) on or after 
August 25, 1995 shall be recognized by and effective for Executive 
Branch agencies and participants as an exclusion under this regulation. 
Similarly, any debarment, suspension or other governmentwide exclusion 
initiated under this regulation on or after August 25, 1995 shall be 
recognized by and effective for those agencies as a debarment or 
suspension under the FAR.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 60 FR 33041, 33045, June 
26, 1995]



Sec. 310.115  Policy.

    (a) In order to protect the public interest, it is the policy of the 
Federal Government to conduct business only with responsible persons. 
Debarment and suspension are discretionary actions that, taken in 
accordance with Executive Order 12549 and these regulations, are 
appropriate means to implement this policy.
    (b) Debarment and suspension are serious actions which shall be used 
only in the public interest and for the Federal Government's protection 
and not for purposes of punishment. Agencies may impose debarment or 
suspension for the causes and in accordance with the procedures set 
forth in these regulations.
    (c) When more than one agency has an interest in the proposed 
debarment or suspension of a person, consideration shall be given to 
designating one agency as the lead agency for making the decision. 
Agencies are encouraged to establish methods and procedures for 
coordinating their debarment or suspension actions.



                       Subpart B--Effect of Action



Sec. 310.200  Debarment or suspension.

    (a) Primary covered transactions. Except to the extent prohibited by 
law, persons who are debarred or suspended shall be excluded from 
primary covered transactions as either participants or principals 
throughout the Executive Branch of the Federal Government for the period 
of their debarment, suspension, or the period they are proposed for 
debarment under 48 CFR part 9, subpart 9.4. Accordingly, no agency shall 
enter into primary covered transactions with such excluded persons 
during such period, except as permitted pursuant to Sec. 310.215.
    (b) Lower tier covered transactions. Except to the extent prohibited 
by law, persons who have been proposed for debarment under 48 CFR part 
9, subpart 9.4, debarred or suspended shall be excluded from 
participating as either participants or principals in all lower tier 
covered transactions (see Sec. 310.110(a)(1)(ii)) for the period of 
their exclusion.

[[Page 69]]

    (c) Exceptions. Debarment or suspension does not affect a person's 
eligibility for--
    (1) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (2) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, and 
entities consisting wholly or partially of foreign governments or 
foreign governmental entities;
    (3) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (4) Federal employment;
    (5) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (6) Incidental benefits derived from ordinary governmental 
operations; and
    (7) Other transactions where the application of these regulations 
would be prohibited by law.

[60 FR 33041, 33045, June 26, 1995]



Sec. 310.205  Ineligible persons.

    Persons who are ineligible, as defined in Sec. 310.105(i), are 
excluded in accordance with the applicable statutory, executive order, 
or regulatory authority.



Sec. 310.210  Voluntary exclusion.

    Persons who accept voluntary exclusions under Sec. 310.315 are 
excluded in accordance with the terms of their settlements. Peace Corps 
shall, and participants may, contact the original action agency to 
ascertain the extent of the exclusion.



Sec. 310.215  Exception provision.

    Peace Corps may grant an exception permitting a debarred, suspended, 
or voluntarily excluded person, or a person proposed for debarment under 
48 CFR part 9, subpart 9.4, to participate in a particular covered 
transaction upon a written determination by the agency head or an 
authorized designee stating the reason(s) for deviating from the 
Presidential policy established by Executive Order 12549 and 
Sec. 310.200. However, in accordance with the President's stated 
intention in the Executive Order, exceptions shall be granted only 
infrequently. Exceptions shall be reported in accordance with 
Sec. 310.505(a).

[60 FR 33041, 33045, June 26, 1995]



Sec. 310.220  Continuation of covered transactions.

    (a) Notwithstanding the debarment, suspension, proposed debarment 
under 48 CFR part 9, subpart 9.4, determination of ineligibility, or 
voluntary exclusion of any person by an agency, agencies and 
participants may continue covered transactions in existence at the time 
the person was debarred, suspended, proposed for debarment under 48 CFR 
part 9, subpart 9.4, declared ineligible, or voluntarily excluded. A 
decision as to the type of termination action, if any, to be taken 
should be made only after thorough review to ensure the propriety of the 
proposed action.
    (b) Agencies and participants shall not renew or extend covered 
transactions (other than no-cost time extensions) with any person who is 
debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 
9.4, ineligible or voluntary excluded, except as provided in 
Sec. 310.215.

[60 FR 33041, 33045, June 26, 1995]



Sec. 310.225  Failure to adhere to restrictions.

    (a) Except as permitted under Sec. 310.215 or Sec. 310.220, a 
participant shall not knowingly do business under a covered transaction 
with a person who is--
    (1) Debarred or suspended;
    (2) Proposed for debarment under 48 CFR part 9, subpart 9.4; or
    (3) Ineligible for or voluntarily excluded from the covered 
transaction.
    (b) Violation of the restriction under paragraph (a) of this section 
may result in disallowance of costs, annulment or termination of award, 
issuance of a stop work order, debarment or suspension, or other 
remedies as appropriate.

[[Page 70]]

    (c) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, proposed for debarment under 48 
CFR part 9, subpart 9.4, ineligible, or voluntarily excluded from the 
covered transaction (See appendix B of these regulations), unless it 
knows that the certification is erroneous. An agency has the burden of 
proof that a participant did knowingly do business with a person that 
filed an erroneous certification.

[60 FR 33041, 33045, June 26, 1995]



                          Subpart C--Debarment



Sec. 310.300  General.

    The debarring official may debar a person for any of the causes in 
Sec. 310.305, using procedures established in Secs. 310.310 through 
Sec. 310.314. The existence of a cause for debarment, however, does not 
necessarily require that the person be debarred; the seriousness of the 
person's acts or omissions and any mitigating factors shall be 
considered in making any debarment decision.



Sec. 310.305  Causes for debarment.

    Debarment may be imposed in accordance with the provisions of 
Secs. 310.300 through Sec. 310.314 for:
    (a) Conviction of or civil judgment for:
    (1) Commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public or private 
agreement or transaction;
    (2) Violation of Federal or State antitrust statutes, including 
those proscribing price fixing between competitors, allocation of 
customers between competitors, and bid rigging;
    (3) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, 
receiving stolen property, making false claims, or obstruction of 
justice; or
    (4) Commission of any other offense indicating a lack of business 
integrity or business honesty that seriously and directly affects the 
present responsibility of a person.
    (b) Violation of the terms of a public agreement or transaction so 
serious as to affect the integrity of an agency program, such as:
    (1) A willful failure to perform in accordance with the terms of one 
or more public agreements or transactions;
    (2) A history of failure to perform or of unsatisfactory performance 
of one or more public agreements or transactions; or
    (3) A willful violation of a statutory or regulatory provision or 
requirement applicable to a public agreement or transaction.
    (c) Any of the following causes:
    (1) A nonprocurement debarment by any Federal agency taken before 
March 1, 1989, the effective date of these regulations or a procurement 
debarment by any Federal agency taken pursuant to 48 CFR subpart 9.4;
    (2) Knowingly doing business with a debarred, suspended, ineligible, 
or voluntarily excluded person, in connection with a covered 
transaction, except as permitted in Sec. 310.215 or Sec. 310.220;
    (3) Failure to pay a single substantial debt, or a number of 
outstanding debts (including disallowed costs and overpayments, but not 
including sums owed the Federal Government under the Internal Revenue 
Code) owed to any Federal agency or instrumentality, provided the debt 
is uncontested by the debtor or, if contested, provided that the 
debtor's legal and administrative remedies have been exhausted;
    (4) Violation of a material provision of a voluntary exclusion 
agreement entered into under Sec. 310.315 or of any settlement of a 
debarment or suspension action; or
    (5) Violation of any requirement of subpart F of this part, relating 
to providing a drug-free workplace, as set forth in Sec. 310.615 of this 
part.
    (d) Any other cause of so serious or compelling a nature that it 
affects the present responsibility of a person.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 54 FR 4950, 4955, Jan. 
31, 1989]



Sec. 310.310  Procedures.

    Peace Corps shall process debarment actions as informally as 
practicable, consistent with the principles of fundamental fairness, 
using the procedures in Secs. 310.311 through 310.314.

[[Page 71]]



Sec. 310.311  Investigation and referral.

    Information concerning the existence of a cause for debarment from 
any source shall be promptly reported, investigated, and referred, when 
appropriate, to the debarring official for consideration. After 
consideration, the debarring official may issue a notice of proposed 
debarment.



Sec. 310.312  Notice of proposed debarment.

    A debarment proceeding shall be initiated by notice to the 
respondent advising:
    (a) That debarment is being considered;
    (b) Of the reasons for the proposed debarment in terms sufficient to 
put the respondent on notice of the conduct or transaction(s) upon which 
it is based;
    (c) Of the cause(s) relied upon under Sec. 310.305 for proposing 
debarment;
    (d) Of the provisions of Secs. 310.311 through 310.314, and any 
other Peace Corps procedures, if applicable, governing debarment 
decisionmaking; and
    (e) Of the potential effect of a debarment.



Sec. 310.313  Opportunity to contest proposed debarment.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of proposed debarment, the respondent may submit, in person, in 
writing, or through a representative, information and argument in 
opposition to the proposed debarment.
    (b) Additional proceedings as to disputed material facts. (1) In 
actions not based upon a conviction or civil judgment, if the debarring 
official finds that the respondent's submission in opposition raises a 
genuine dispute over facts material to the proposed debarment, 
respondent(s) shall be afforded an opportunity to appear with a 
representative, submit documentary evidence, present witnesses, and 
confront any witness the agency presents.
    (2) A transcribed record of any additional proceedings shall be made 
available at cost to the respondent, upon request, unless the respondent 
and the agency, by mutual agreement, waive the requirement for a 
transcript.



Sec. 310.314  Debarring official's decision.

    (a) No additional proceedings necessary. In actions based upon a 
conviction or civil judgment, or in which there is no genuine dispute 
over material facts, the debarring official shall make a decision on the 
basis of all the information in the administrative record, including any 
submission made by the respondent. The decision shall be made within 45 
days after receipt of any information and argument submitted by the 
respondent, unless the debarring official extends this period for good 
cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The debarring 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The debarring official may refer disputed material facts to 
another official for findings of fact. The debarring official may reject 
any such findings, in whole or in part, only after specifically 
determining them to be arbitrary and capricious or clearly erroneous.
    (3) The debarring official's decision shall be made after the 
conclusion of the proceedings with respect to disputed facts.
    (c) (1) Standard of proof. In any debarment action, the cause for 
debarment must be established by a preponderance of the evidence. Where 
the proposed debarment is based upon a conviction or civil judgment, the 
standard shall be deemed to have been met.
    (2) Burden of proof. The burden of proof is on the agency proposing 
debarment.
    (d) Notice of debarring official's decision. (1) If the debarring 
official decides to impose debarment, the respondent shall be given 
prompt notice:
    (i) Referring to the notice of proposed debarment;
    (ii) Specifying the reasons for debarment;
    (iii) Stating the period of debarment, including effective dates; 
and
    (iv) Advising that the debarment is effective for covered 
transactions throughout the executive branch of the

[[Page 72]]

Federal Government unless an agency head or an authorized designee makes 
the determination referred to in Sec. 310.215.
    (2) If the debarring official decides not to impose debarment, the 
respondent shall be given prompt notice of that decision. A decision not 
to impose debarment shall be without prejudice to a subsequent 
imposition of debarment by any other agency.



Sec. 310.315  Settlement and voluntary exclusion.

    (a) When in the best interest of the Government, Peace Corps may, at 
any time, settle a debarment or suspension action.
    (b) If a participant and the agency agree to a voluntary exclusion 
of the participant, such voluntary exclusion shall be entered on the 
Nonprocurement List (see subpart E).



Sec. 310.320  Period of debarment.

    (a) Debarment shall be for a period commensurate with the 
seriousness of the cause(s). If a suspension precedes a debarment, the 
suspension period shall be considered in determining the debarment 
period.
    (1) Debarment for causes other than those related to a violation of 
the requirements of subpart F of this part generally should not exceed 
three years. Where circumstances warrant, a longer period of debarment 
may be imposed.
    (2) In the case of a debarment for a violation of the requirements 
of subpart F of this part (see 310.305(c)(5)), the period of debarment 
shall not exceed five years.
    (b) The debarring official may extend an existing debarment for an 
additional period, if that official determines that an extension is 
necessary to protect the public interest.
    However, a debarment may not be extended solely on the basis of the 
facts and circumstances upon which the initial debarment action was 
based. If debarment for an additional period is determined to be 
necessary, the procedures of Secs. 310.311 through 310.314 shall be 
followed to extend the debarment.
    (c) The respondent may request the debarring official to reverse the 
debarment decision or to reduce the period or scope of debarment. Such a 
request shall be in writing and supported by documentation. The 
debarring official may grant such a request for reasons including, but 
not limited to:
    (1) Newly discovered material evidence;
    (2) Reversal of the conviction or civil judgment upon which the 
debarment was based;
    (3) Bona fide change in ownership or management;
    (4) Elimination or other causes for which the debarment was imposed; 
or
    (5) Other reasons the debarring official deems appropriate.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 54 FR 4950, 4955, Jan. 
31, 1989]



Sec. 310.325  Scope of debarment.

    (a) Scope in general. (1) Debarment of a person under these 
regulations constitutes debarment of all its divisions and other 
organizational elements from all covered transactions, unless the 
debarment decision is limited by its terms to one or more specifically 
identified individuals, divisions or other organizational elements or to 
specific types of transactions.
    (2) The debarment action may include any affiliate of the 
participant that is specifically named and given notice of the proposed 
debarment and an opportunity to respond (see Secs. 310.311 through 
310.314).
    (b) Imputing conduct. For purposes of determining the scope of 
debarment, conduct may be imputed as follows:
    (1) Conduct imputed to participant. The fraudulent, criminal or 
other seriously improper conduct of any officer, director, shareholder, 
partner, employee, or other individual associated with a participant may 
be imputed to the participant when the conduct occurred in connection 
with the individual's performance of duties for or on behalf of the 
participant, or with the participant's knowledge, approval, or 
acquiescence. The participant's acceptance of the benefits derived from 
the conduct shall be evidence of such knowledge, approval, or 
acquiescence.
    (2) Conduct imputed to individuals associated with participant. The 
fraudulent, criminal, or other seriously improper

[[Page 73]]

conduct of a participant may be imputed to any officer, director, 
shareholder, partner, employee, or other individual associated with the 
participant who participated in, knew of, or had reason to know of the 
participant's conduct.
    (3) Conduct of one participant imputed to other participants in a 
joint venture. The fraudulent, criminal, or other seriously improper 
conduct of one participant in a joint venture, grant pursuant to a joint 
application, or similar arrangement or with the knowledge, approval, or 
acquiescence of these participants. Acceptance of the benefits derived 
from the conduct shall be evidence of such knowledge, approval, or 
acquiescence.



                          Subpart D--Suspension



Sec. 310.400  General.

    (a) The suspending official may suspend a person from any of the 
causes in Sec. 310.405 using procedures established in Secs. 310.410 
through 310.413.
    (b) Suspension is a serious action to be imposed only when:
    (1) There exists adequate evidence of one or more of the causes set 
out in Sec. 310.405, and
    (2) Immediate action is necessary to protect the public interest.
    (c) In assessing the adequacy of the evidence, the agency should 
consider how much information is available, how credible it is given the 
circumstances, whether or not important allegations are corroborated, 
and what inferences can reasonably be drawn as a result. This assessment 
should include an examination of basic documents such as grants, 
cooperative agreements, loan authorizations, and contracts.



Sec. 310.405  Causes for suspension.

    (a) Suspension may be imposed in accordance  with  the  provisions  
of  Secs. 310.400 through 310.413 upon adequate evidence:
    (1) To suspect the commission of an offense listed in 
Sec. 310.305(a); or
    (2) That a cause for debarment under Sec. 310.305 may exist.
    (b) Indictment shall constitute adequte evidence for purposes of 
suspension actions.



Sec. 310.410  Procedures.

    (a) Investigation and referral. Information concerning the existence 
of a cause for suspension from any source shall be promptly reported, 
investigated, and referred, when appropriate, to the suspending official 
for consideration. After consideration, the suspending official may 
issue a notice of suspension.
    (b) Decisionmaking process. Peace Corps shall process suspension 
actions as informally as practicable, consistent with principles of 
fundamental fairness, using the procedures in Sec. 310.411 through 
Sec. 310.413.



Sec. 310.411  Notice of suspension.

    When a respondent is suspended, notice shall immediately be given:
    (a) That suspension has been imposed;
    (b) That the suspension is based on an indictment, conviction, or 
other adequate evidence that the respondent has committed irregularities 
seriously reflecting on the propriety of further Federal Government 
dealings with the respondent;
    (c) Describing any such irregularities in terms sufficient to put 
the respondent on notice without disclosing the Federal Government's 
evidence;
    (d) Of the cause(s) relied upon under Sec. 310.405 for imposing 
suspension;
    (e) That the suspension is for a temporary period pending the 
completion of an investigation or ensuing legal, debarment, or Program 
Fraud Civil Remedies Act proceedings;
    (f) Of the provisions of Sec. 310.411 through Sec. 310.413 and any 
other [Peace Corps] procedures, if applicable, governing suspension 
decisionmaking; and
    (g) Of the effect of the suspension.



Sec. 310.412  Opportunity to contest suspension.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of suspension, the respondent may submit, in person, in writing, 
or through a representative, information and argument in opposition to 
the suspension.
    (b) Additional proceedings as to disputed material facts. (1) If the 
suspending official finds that the respondent's submission in opposition 
raises a genuine dispute over facts material to the

[[Page 74]]

suspension, respondent(s) shall be afforded an opportunity to appear 
with a representative, submit documentary evidence, present witnesses, 
and confront any witness the agency presents, unless:
    (i) The action is based on an indictment, conviction or civil 
judgment, or
    (ii) A determination is made, on the basis of Department of Justice 
advice, that the substantial interests of the Federal Government in 
pending or contemplated legal proceedings based on the same facts as the 
suspension would be prejudiced.
    (2) A transcribed record of any additional proceedings shall be 
prepared and made available at cost to the respondent, upon request, 
unless the respondent and the agency, by mutual agreement, waive the 
requirement for a transcript.



Sec. 310.413  Suspending official's decision.

    The suspending official may modify or terminate the suspension (for 
example, see Sec. 310.320(c) for reasons for reducing the period or 
scope of debarment) or may leave it in force. However, a decision to 
modify or terminate the suspension shall be without prejudice to the 
subsequent imposition of suspension by any other agency or debarment by 
any agency. The decision shall be rendered in accordance with the 
following provisions:
    (a) No additional proceedings necessary. In actions: based on an 
indictment, conviction, or civil judgment; in which there is no genuine 
dispute over material facts; or in which additional proceedings to 
determine disputed material facts have been denied on the basis of 
Department of Justice advice, the suspending official shall make a 
decision on the basis of all the information in the administrative 
record, including any submission made by the respondent. The decision 
shall be made within 45 days after receipt of any information and 
argument submitted by the respondent, unless the suspending official 
extends this period for good cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The suspending 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The suspending official may refer matters involving disputed 
material facts to another official for findings of fact. The suspending 
official may reject any such findings, in whole or in part, only after 
specificially determining them to be arbitrary or capricious or clearly 
erroneous.
    (c) Notice of suspending official's decision. Prompt written notice 
of the suspending official's decision shall be sent to the respondent.



Sec. 310.415  Period of suspension.

    (a) Suspension shall be for a temporary period pending the 
completion of an investigation or ensuring legal, debarment, or Program 
Fraud Civil Remedies Act proceedings, unless terminated sooner by the 
suspending official or as provided in paragraph (b) of this section.
    (b) If legal or administrative proceedings are not initiated within 
12 months after the date of the suspension notice, the suspension shall 
be terminated unless an Assistant Attorney General or United States 
Attorney requests its extension in writing, in which case it may be 
extended for an additional six months. In no event may a suspension 
extend beyond 18 months, unless such proceedings have been initiated 
within that period.
    (c) The suspending official shall notify the Department of Justice 
of an impending termination of a suspension, at least 30 days before the 
12-month period expires, to give that Department an opportunity to 
request an extension.



Sec. 310.420  Scope of suspension.

    The scope of a suspension is the same as the scope of a debarment 
(see Sec. 310.325), except that the procedures of Secs. 310.410 through 
310.413 shall be used in imposing a suspension.

[[Page 75]]



       Subpart E--Responsibilities of GSA, Agency and Participants



Sec. 310.500  GSA responsibilities.

    (a) In accordance with the OMB guidelines, GSA shall compile, 
maintain, and distribute a list of all persons who have been debarred, 
suspended, or voluntarily excluded by agencies under Executive Order 
12549 and these regulations, and those who have been determined to be 
ineligible.
    (b) At a minimum, this list shall indicate:
    (1) The names and addresses of all debarred, suspended, ineligible, 
and voluntarily excluded persons, in alphabetical order, with cross-
references when more than one name is involved in a single action;
    (2) The type of action;
    (3) The cause for the action;
    (4) The scope of the action;
    (5) Any termination date for each listing; and
    (6) The agency and name and telephone number of the agency point of 
contact for the action.



Sec. 310.505  Peace Corps responsibilities.

    (a) The agency shall provide GSA with current information concerning 
debarments, suspensions, determinations of ineligibility, and voluntary 
exclusions it has taken. Until February 18, 1989, the agency shall also 
provide GSA and OMB with information concerning all transactions in 
which Peace Corps has granted exceptions under Sec. 310.215 permitting 
participation by debarred, suspended, or voluntarily excluded persons.
    (b) Unless an alternative schedule is agreed to by GSA, the agency 
shall advise GSA of the information set forth in Sec. 310.500(b) and of 
the exceptions granted under Sec. 310.215 within five working days after 
taking such actions.
    (c) The agency shall direct inquiries concerning listed persons to 
the agency that took the action.
    (d) Agency officials shall check the Nonprocurement List before 
entering covered transactions to determine whether a participant in a 
primary transaction is debarred, suspended, ineligible, or voluntarily 
excluded (Tel. ).
    (e) Agency officials shall check the Nonprocurement List before 
approving principals or lower tier participants where agency approval of 
the principal or lower tier participant is required under the terms of 
the transaction, to determine whether such principals or participants 
are debarred, suspended, ineligible, or voluntarily excluded.



Sec. 310.510  Participants' responsibilities.

    (a) Certification by participants in primary covered transactions. 
Each participant shall submit the certification in appendix A to this 
part for it and its principals at the time the participant submits its 
proposal in connection with a primary covered transaction, except that 
States need only complete such certification as to their principals. 
Participants may decide the method and frequency by which they determine 
the eligibility of their principals. In addition, each participant may, 
but is not required to, check the Nonprocurement List for its principals 
(Tel. ). Adverse information on the certification will not necessarily 
result in denial of participation. However, the certification, and any 
additional information pertaining to the certification submitted by the 
participant, shall be considered in the administration of covered 
transactions.
    (b) Certification by participants in lower tier covered 
transactions. (1) Each participant shall require participants in lower 
tier covered transactions to include the certification in appendix B to 
this part for it and its principals in any proposal submitted in 
connection with such lower tier covered transactions.
    (2) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, ineligible, or voluntarily 
excluded from the covered transaction by any Federal agency, unless it 
knows that the certification is erroneous. Participants may decide the 
method and frequency by which they determine the eligibility of their 
principals. In addition, a participant may, but is not required to, 
check the Nonprocurement List for its principals and for participants 
(Tel. ).

[[Page 76]]

    (c) Changed circumstances regarding certification. A participant 
shall provide immediate written notice to Peace Corps if at any time the 
participant learns that its certification was erroneous when submitted 
or has become erroneous by reason of changed circumstances. Participants 
in lower tier covered transactions shall provide the same updated notice 
to the participant to which it submitted its proposal.



          Subpart F--Drug-Free Workplace Requirements (Grants)

    Source: 55 FR 21688, 21694, May 25, 1990, unless otherwise noted.



Sec. 310.600  Purpose.

    (a) The purpose of this subpart is to carry out the Drug-Free 
Workplace Act of 1988 by requiring that--
    (1) A grantee, other than an individual, shall certify to the agency 
that it will provide a drug-free workplace;
    (2) A grantee who is an individual shall certify to the agency that, 
as a condition of the grant, he or she will not engage in the unlawful 
manufacture, distribution, dispensing, possession or use of a controlled 
substance in conducting any activity with the grant.
    (b) Requirements implementing the Drug-Free Workplace Act of 1988 
for contractors with the agency are found at 48 CFR subparts 9.4, 23.5, 
and 52.2.



Sec. 310.605  Definitions.

    (a) Except as amended in this section, the definitions of 
Sec. 310.105 apply to this subpart.
    (b) For purposes of this subpart--
    (1) Controlled substance means a controlled substance in schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812), and as 
further defined by regulation at 21 CFR 1308.11 through 1308.15;
    (2) Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    (3) Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    (4) Drug-free workplace means a site for the performance of work 
done in connection with a specific grant at which employees of the 
grantee are prohibited from engaging in the unlawful manufacture, 
distribution, dispensing, possession, or use of a controlled substance;
    (5) Employee means the employee of a grantee directly engaged in the 
performance of work under the grant, including:
    (i) All direct charge employees;
    (ii) All indirect charge employees, unless their impact or 
involvement is insignificant to the performance of the grant; and,
    (iii) Temporary personnel and consultants who are directly engaged 
in the performance of work under the grant and who are on the grantee's 
payroll.

This definition does not include workers not on the payroll of the 
grantee (e.g., volunteers, even if used to meet a matching requirement; 
consultants or independent contractors not on the payroll; or employees 
of subrecipients or subcontractors in covered workplaces);
    (6) Federal agency or agency means any United States executive 
department, military department, government corporation, government 
controlled corporation, any other establishment in the executive branch 
(including the Executive Office of the President), or any independent 
regulatory agency;
    (7) Grant means an award of financial assistance, including a 
cooperative agreement, in the form of money, or property in lieu of 
money, by a Federal agency directly to a grantee. The term grant 
includes block grant and entitlement grant programs, whether or not 
exempted from coverage under the grants management government-wide 
common rule on uniform administrative requirements for grants and 
cooperative agreements. The term does not include technical assistance 
that provides services instead of money, or other assistance in the form 
of loans, loan guarantees, interest subsidies, insurance, or direct 
appropriations; or any veterans' benefits to individuals,

[[Page 77]]

i.e., any benefit to veterans, their families, or survivors by virtue of 
the service of a veteran in the Armed Forces of the United States;
    (8) Grantee means a person who applies for or receives a grant 
directly from a Federal agency (except another Federal agency);
    (9) Individual means a natural person;
    (10) State means any of the States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of local 
government. A State instrumentality will be considered part of the State 
government if it has a written determination from a State government 
that such State considers the instrumentality to be an agency of the 
State government.



Sec. 310.610  Coverage.

    (a) This subpart applies to any grantee of the agency.
    (b) This subpart applies to any grant, except where application of 
this subpart would be inconsistent with the international obligations of 
the United States or the laws or regulations of a foreign government. A 
determination of such inconsistency may be made only by the agency head 
or his/her designee.
    (c) The provisions of subparts A, B, C, D and E of this part apply 
to matters covered by this subpart, except where specifically modified 
by this subpart. In the event of any conflict between provisions of this 
subpart and other provisions of this part, the provisions of this 
subpart are deemed to control with respect to the implementation of 
drug-free workplace requirements concerning grants.



Sec. 310.615  Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment.

    A grantee shall be deemed in violation of the requirements of this 
subpart if the agency head or his or her official designee determines, 
in writing, that--
    (a) The grantee has made a false certification under Sec. 310.630;
    (b) With respect to a grantee other than an individual--
    (1) The grantee has violated the certification by failing to carry 
out the requirements of paragraphs (A)(a)-(g) and/or (B) of the 
certification (Alternate I to appendix C) or
    (2) Such a number of employees of the grantee have been convicted of 
violations of criminal drug statutes for violations occurring in the 
workplace as to indicate that the grantee has failed to make a good 
faith effort to provide a drug-free workplace.
    (c) With respect to a grantee who is an individual--
    (1) The grantee has violated the certification by failing to carry 
out its requirements (Alternate II to appendix C); or
    (2) The grantee is convicted of a criminal drug offense resulting 
from a violation occurring during the conduct of any grant activity.



Sec. 310.620  Effect of violation.

    (a) In the event of a violation of this subpart as provided in 
Sec. 310.615, and in accordance with applicable law, the grantee shall 
be subject to one or more of the following actions:
    (1) Suspension of payments under the grant;
    (2) Suspension or termination of the grant; and
    (3) Suspension or debarment of the grantee under the provisions of 
this part.
    (b) Upon issuance of any final decision under this part requiring 
debarment of a grantee, the debarred grantee shall be ineligible for 
award of any grant from any Federal agency for a period specified in the 
decision, not to exceed five years (see Sec. 310.320(a)(2) of this 
part).



Sec. 310.625  Exception provision.

    The agency head may waive with respect to a particular grant, in 
writing, a suspension of payments under a grant, suspension or 
termination of a grant, or suspension or debarment of a grantee if the 
agency head determines that such a waiver would be in the public 
interest. This exception authority cannot be delegated to any other 
official.

[[Page 78]]



Sec. 310.630  Certification requirements and procedures.

    (a)(1) As a prior condition of being awarded a grant, each grantee 
shall make the appropriate certification to the Federal agency providing 
the grant, as provided in appendix C to this part.
    (2) Grantees are not required to make a certification in order to 
continue receiving funds under a grant awarded before March 18, 1989, or 
under a no-cost time extension of such a grant. However, the grantee 
shall make a one-time drug-free workplace certification for a non-
automatic continuation of such a grant made on or after March 18, 1989.
    (b) Except as provided in this section, all grantees shall make the 
required certification for each grant. For mandatory formula grants and 
entitlements that have no application process, grantees shall submit a 
one-time certification in order to continue receiving awards.
    (c) A grantee that is a State may elect to make one certification in 
each Federal fiscal year. States that previously submitted an annual 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. Except as provided in paragraph (d) of this 
section, this certification shall cover all grants to all State agencies 
from any Federal agency. The State shall retain the original of this 
statewide certification in its Governor's office and, prior to grant 
award, shall ensure that a copy is submitted individually with respect 
to each grant, unless the Federal agency has designated a central 
location for submission.
    (d)(1) The Governor of a State may exclude certain State agencies 
from the statewide certification and authorize these agencies to submit 
their own certifications to Federal agencies. The statewide 
certification shall name any State agencies so excluded.
    (2) A State agency to which the statewide certification does not 
apply, or a State agency in a State that does not have a statewide 
certification, may elect to make one certification in each Federal 
fiscal year. State agencies that previously submitted a State agency 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. The State agency shall retain the original of 
this State agency-wide certification in its central office and, prior to 
grant award, shall ensure that a copy is submitted individually with 
respect to each grant, unless the Federal agency designates a central 
location for submission.
    (3) When the work of a grant is done by more than one State agency, 
the certification of the State agency directly receiving the grant shall 
be deemed to certify compliance for all workplaces, including those 
located in other State agencies.
    (e)(1) For a grant of less than 30 days performance duration, 
grantees shall have this policy statement and program in place as soon 
as possible, but in any case by a date prior to the date on which 
performance is expected to be completed.
    (2) For a grant of 30 days or more performance duration, grantees 
shall have this policy statement and program in place within 30 days 
after award.
    (3) Where extraordinary circumstances warrant for a specific grant, 
the grant officer may determine a different date on which the policy 
statement and program shall be in place.



Sec. 310.635  Reporting of and employee sanctions for convictions of criminal drug offenses.

    (a) When a grantee other than an individual is notified that an 
employee has been convicted for a violation of a criminal drug statute 
occurring in the workplace, it shall take the following actions:
    (1) Within 10 calendar days of receiving notice of the conviction, 
the grantee shall provide written notice, including the convicted 
employee's position title, to every grant officer, or other designee on 
whose grant activity the convicted employee was working, unless a 
Federal agency has designated a central point for the receipt of such 
notifications. Notification shall include the identification number(s) 
for each of the Federal agency's affected grants.
    (2) Within 30 calendar days of receiving notice of the conviction, 
the grantee shall do the following with respect to the employee who was 
convicted.

[[Page 79]]

    (i) Take appropriate personnel action against the employee, up to 
and including termination, consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (ii) Require the employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency.
    (b) A grantee who is an individual who is convicted for a violation 
of a criminal drug statute occurring during the conduct of any grant 
activity shall report the conviction, in writing, within 10 calendar 
days, to his or her Federal agency grant officer, or other designee, 
unless the Federal agency has designated a central point for the receipt 
of such notices. Notification shall include the identification number(s) 
for each of the Federal agency's affected grants.

(Approved by the Office of Management and Budget under control number 
0991-0002)

 Appendix A to Part 310--Certification Regarding Debarment, Suspension, 
     and Other Responsibility Matters--Primary Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective primary 
participant is providing the certification set out below.
    2. The inability of a person to provide the certification required 
below will not necessarily result in denial of participation in this 
covered transaction. The prospective participant shall submit an 
explanation of why it cannot provide the certification set out below. 
The certification or explanation will be considered in connection with 
the department or agency's determination whether to enter into this 
transaction. However, failure of the prospective primary participant to 
furnish a certification or an explanation shall disqualify such person 
from participation in this transaction.
    3. The certification in this clause is a material representation of 
fact upon which reliance was placed when the department or agency 
determined to enter into this transaction. If it is later determined 
that the prospective primary participant knowingly rendered an erroneous 
certification, in addition to other remedies available to the Federal 
Government, the department or agency may terminate this transaction for 
cause or default.
    4. The prospective primary participant shall provide immediate 
written notice to the department or agency to which this proposal is 
submitted if at any time the prospective primary participant learns that 
its certification was erroneous when submitted or has become erroneous 
by reason of changed circumstances.
    5. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meanings set out in the Definitions and Coverage 
sections of the rules implementing Executive Order 12549. You may 
contact the department or agency to which this proposal is being 
submitted for assistance in obtaining a copy of those regulations.
    6. The prospective primary participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment under 48 CFR part 9, subpart 
9.4, debarred, suspended, declared ineligible, or voluntarily excluded 
from participation in this covered transaction, unless authorized by the 
department or agency entering into this transaction.
    7. The prospective primary participant further agrees by submitting 
this proposal that it will include the clause titled ``Certification 
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction,'' provided by the department or agency 
entering into this covered transaction, without modification, in all 
lower tier covered transactions and in all solicitations for lower tier 
covered transactions.
    8. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from the covered transaction, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    9. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.
    10. Except for transactions authorized under paragraph 6 of these 
instructions, if a

[[Page 80]]

participant in a covered transaction knowingly enters into a lower tier 
covered transaction with a person who is proposed for debarment under 48 
CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily 
excluded from participation in this transaction, in addition to other 
remedies available to the Federal Government, the department or agency 
may terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility 
                  Matters--Primary Covered Transactions

    (1) The prospective primary participant certifies to the best of its 
knowledge and belief, that it and its principals:
    (a) Are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded by any Federal department 
or agency;
    (b) Have not within a three-year period preceding this proposal been 
convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State or local) 
transaction or contract under a public transaction; violation of Federal 
or State antitrust statutes or commission of embezzlement, theft, 
forgery, bribery, falsification or destruction of records, making false 
statements, or receiving stolen property;
    (c) Are not presently indicted for or otherwise criminally or 
civilly charged by a governmental entity (Federal, State or local) with 
commission of any of the offenses enumerated in paragraph (1)(b) of this 
certification; and
    (d) Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State or local) 
terminated for cause or default.
    (2) Where the prospective primary participant is unable to certify 
to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33045, June 26, 1995]

 Appendix B to Part 310--Certification Regarding Debarment, Suspension, 
 Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective lower 
tier participant is providing the certification set out below.
    2. The certification in this clause is a material representation of 
fact upon which reliance was placed when this transaction was entered 
into. If it is later determined that the prospective lower tier 
participant knowingly rendered an erroneous certification, in addition 
to other remedies available to the Federal Government the department or 
agency with which this transaction originated may pursue available 
remedies, including suspension and/or debarment.
    3. The prospective lower tier participant shall provide immediate 
written notice to the person to which this proposal is submitted if at 
any time the prospective lower tier participant learns that its 
certification was erroneous when submitted or had become erroneous by 
reason of changed circumstances.
    4. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meaning set out in the Definitions and Coverage 
sections of rules implementing Executive Order 12549. You may contact 
the person to which this proposal is submitted for assistance in 
obtaining a copy of those regulations.
    5. The prospective lower tier participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment under 48 CFR part 9, subpart 
9.4, debarred, suspended, declared ineligible, or voluntarily excluded 
from participation in this covered transaction, unless authorized by the 
department or agency with which this transaction originated.
    6. The prospective lower tier participant further agrees by 
submitting this proposal that it will include this clause titled 
``Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion-Lower Tier Covered Transaction,'' without 
modification, in all lower tier covered transactions and in all 
solicitations for lower tier covered transactions.
    7. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from covered transactions, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    8. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.

[[Page 81]]

    9. Except for transactions authorized under paragraph 5 of these 
instructions, if a participant in a covered transaction knowingly enters 
into a lower tier covered transaction with a person who is proposed for 
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, 
ineligible, or voluntarily excluded from participation in this 
transaction, in addition to other remedies available to the Federal 
Government, the department or agency with which this transaction 
originated may pursue available remedies, including suspension and/or 
debarment.

    Certification Regarding Debarment, Suspension, Ineligibility an 
          Voluntary Exclusion--Lower Tier Covered Transactions

    (1) The prospective lower tier participant certifies, by submission 
of this proposal, that neither it nor its principals is presently 
debarred, suspended, proposed for debarment, declared ineligible, or 
voluntarily excluded from participation in this transaction by any 
Federal department or agency.
    (2) Where the prospective lower tier participant is unable to 
certify to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33045, June 26, 1995]

  Appendix C to Part 310--Certification Regarding Drug-Free Workplace 
                              Requirements

                     Instructions for Certification

    1. By signing and/or submitting this application or grant agreement, 
the grantee is providing the certification set out below.
    2. The certification set out below is a material representation of 
fact upon which reliance is placed when the agency awards the grant. If 
it is later determined that the grantee knowingly rendered a false 
certification, or otherwise violates the requirements of the Drug-Free 
Workplace Act, the agency, in addition to any other remedies available 
to the Federal Government, may take action authorized under the Drug-
Free Workplace Act.
    3. For grantees other than individuals, Alternate I applies.
    4. For grantees who are individuals, Alternate II applies.
    5. Workplaces under grants, for grantees other than individuals, 
need not be identified on the certification. If known, they may be 
identified in the grant application. If the grantee does not identify 
the workplaces at the time of application, or upon award, if there is no 
application, the grantee must keep the identity of the workplace(s) on 
file in its office and make the information available for Federal 
inspection. Failure to identify all known workplaces constitutes a 
violation of the grantee's drug-free workplace requirements.
    6. Workplace identifications must include the actual address of 
buildings (or parts of buildings) or other sites where work under the 
grant takes place. Categorical descriptions may be used (e.g., all 
vehicles of a mass transit authority or State highway department while 
in operation, State employees in each local unemployment office, 
performers in concert halls or radio studios).
    7. If the workplace identified to the agency changes during the 
performance of the grant, the grantee shall inform the agency of the 
change(s), if it previously identified the workplaces in question (see 
paragraph five).
    8. Definitions of terms in the Nonprocurement Suspension and 
Debarment common rule and Drug-Free Workplace common rule apply to this 
certification. Grantees' attention is called, in particular, to the 
following definitions from these rules:
    Controlled substance means a controlled substance in Schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812) and as 
further defined by regulation (21 CFR 1308.11 through 1308.15);
    Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    Employee means the employee of a grantee directly engaged in the 
performance of work under a grant, including: (i) All direct charge 
employees; (ii) All indirect charge employees unless their impact or 
involvement is insignificant to the performance of the grant; and, (iii) 
Temporary personnel and consultants who are directly engaged in the 
performance of work under the grant and who are on the grantee's 
payroll. This definition does not include workers not on the payroll of 
the grantee (e.g., volunteers, even if used to meet a matching 
requirement; consultants or independent contractors not on the grantee's 
payroll; or employees of subrecipients or subcontractors in covered 
workplaces).

        Certification Regarding Drug-Free Workplace Requirements

             Alternate I. (Grantees Other Than Individuals)

    A. The grantee certifies that it will or will continue to provide a 
drug-free workplace by:
    (a) Publishing a statement notifying employees that the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance is prohibited in the

[[Page 82]]

grantee's workplace and specifying the actions that will be taken 
against employees for violation of such prohibition;
    (b) Establishing an ongoing drug-free awareness program to inform 
employees about--
    (1) The dangers of drug abuse in the workplace;
    (2) The grantee's policy of maintaining a drug-free workplace;
    (3) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (4) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (c) Making it a requirement that each employee to be engaged in the 
performance of the grant be given a copy of the statement required by 
paragraph (a);
    (d) Notifying the employee in the statement required by paragraph 
(a) that, as a condition of employment under the grant, the employee 
will--
    (1) Abide by the terms of the statement; and
    (2) Notify the employer in writing of his or her conviction for a 
violation of a criminal drug statute occurring in the workplace no later 
than five calendar days after such conviction;
    (e) Notifying the agency in writing, within ten calendar days after 
receiving notice under paragraph (d)(2) from an employee or otherwise 
receiving actual notice of such conviction. Employers of convicted 
employees must provide notice, including position title, to every grant 
officer or other designee on whose grant activity the convicted employee 
was working, unless the Federal agency has designated a central point 
for the receipt of such notices. Notice shall include the identification 
number(s) of each affected grant;
    (f) Taking one of the following actions, within 30 calendar days of 
receiving notice under paragraph (d)(2), with respect to any employee 
who is so convicted--
    (1) Taking appropriate personnel action against such an employee, up 
to and including termination, consistent with the requirements of the 
Rehabilitation Act of 1973, as amended; or
    (2) Requiring such employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency;
    (g) Making a good faith effort to continue to maintain a drug-free 
workplace through implementation of paragraphs (a), (b), (c), (d), (e) 
and (f).
    B. The grantee may insert in the space provided below the site(s) 
for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

Check {time}  if there are workplaces on file that are not identified 
here.

              Alternate II. (Grantees Who Are Individuals)

    (a) The grantee certifies that, as a condition of the grant, he or 
she will not engage in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance in conducting 
any activity with the grant;
    (b) If convicted of a criminal drug offense resulting from a 
violation occurring during the conduct of any grant activity, he or she 
will report the conviction, in writing, within 10 calendar days of the 
conviction, to every grant officer or other designee, unless the Federal 
agency designates a central point for the receipt of such notices. When 
notice is made to such a central point, it shall include the 
identification number(s) of each affected grant.

[55 FR 21688, 21694, May 25, 1990]



PART 311--NEW RESTRICTIONS ON LOBBYING--Table of Contents




                           Subpart A--General

Sec.
311.100  Conditions on use of funds.
311.105  Definitions.
311.110  Certification and disclosure.

                 Subpart B--Activities by Own Employees

311.200  Agency and legislative liaison.
311.205  Professional and technical services.
311.210  Reporting.

            Subpart C--Activities by Other than Own Employees

311.300  Professional and technical services.

                  Subpart D--Penalties and Enforcement

311.400  Penalties.
311.405  Penalty procedures.
311.410  Enforcement.

                          Subpart E--Exemptions

311.500  Secretary of Defense.

                        Subpart F--Agency Reports

311.600  Semi-annual compilation.
311.605  Inspector General report.

Appendix A to Part 311--Certification Regarding Lobbying

[[Page 83]]

Appendix B to Part 311--Disclosure Form to Report Lobbying

    Authority: Section 319, Public Law 101-121 (31 U.S.C. 1352); 22 
U.S.C. 2503.

    Cross Reference: See also Office of Management and Budget notice 
published at 54 FR 52306, December 20, 1989.

    Source: 55 FR 6737, 6749, Feb. 26, 1990, unless otherwise noted.



                           Subpart A--General



Sec. 311.100  Conditions on use of funds.

    (a) No appropriated funds may be expended by the recipient of a 
Federal contract, grant, loan, or cooperative ageement to pay any person 
for influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with any of the following 
covered Federal actions: the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal 
contract, grant, loan, or cooperative agreement.
    (b) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or cooperative agreement shall file with that 
agency a certification, set forth in appendix A, that the person has not 
made, and will not make, any payment prohibited by paragraph (a) of this 
section.
    (c) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or a cooperative agreement shall file with that 
agency a disclosure form, set forth in appendix B, if such person has 
made or has agreed to make any payment using nonappropriated funds (to 
include profits from any covered Federal action), which would be 
prohibited under paragraph (a) of this section if paid for with 
appropriated funds.
    (d) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with that agency a statement, set forth in Appendix A, whether that 
person has made or has agreed to make any payment to influence or 
attempt to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with that loan insurance or guarantee.
    (e) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with that agency a disclosure form, set forth in appendix B, if that 
person has made or has agreed to make any payment to influence or 
attempt to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with that loan insurance or guarantee.



Sec. 311.105  Definitions.

    For purposes of this part:
    (a) Agency, as defined in 5 U.S.C. 552(f), includes Federal 
executive departments and agencies as well as independent regulatory 
commissions and Government corporations, as defined in 31 U.S.C. 
9101(1).
    (b) Covered Federal action means any of the following Federal 
actions:
    (1) The awarding of any Federal contract;
    (2) The making of any Federal grant;
    (3) The making of any Federal loan;
    (4) The entering into of any cooperative agreement; and,
    (5) The extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.

Covered Federal action does not include receiving from an agency a 
commitment providing for the United States to insure or guarantee a 
loan. Loan guarantees and loan insurance are addressed independently 
within this part.
    (c) Federal contract means an acquisition contract awarded by an 
agency, including those subject to the Federal Acquisition Regulation 
(FAR), and any other acquisition contract for real or personal property 
or services not subject to the FAR.
    (d) Federal cooperative agreement means a cooperative agreement 
entered into by an agency.
    (e) Federal grant means an award of financial assistance in the form 
of

[[Page 84]]

money, or property in lieu of money, by the Federal Government or a 
direct appropriation made by law to any person. The term does not 
include technical assistance which provides services instead of money, 
or other assistance in the form of revenue sharing, loans, loan 
guarantees, loan insurance, interest subsidies, insurance, or direct 
United States cash assistance to an individual.
    (f) Federal loan means a loan made by an agency. The term does not 
include loan guarantee or loan insurance.
    (g) Indian tribe and tribal organization have the meaning provided 
in section 4 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions 
of Indian tribes in that Act.
    (h) Influencing or attempting to influence means making, with the 
intent to influence, any communication to or appearance before an 
officer or employee or any agency, a Member of Congress, an officer or 
employee of Congress, or an employee of a Member of Congress in 
connection with any covered Federal action.
    (i) Loan guarantee and loan insurance means an agency's guarantee or 
insurance of a loan made by a person.
    (j) Local government means a unit of government in a State and, if 
chartered, established, or otherwise recognized by a State for the 
performance of a governmental duty, including a local public authority, 
a special district, an intrastate district, a council of governments, a 
sponsor group representative organization, and any other instrumentality 
of a local government.
    (k) Officer or employee of an agency includes the following 
individuals who are employed by an agency:
    (1) An individual who is appointed to a position in the Government 
under title 5, U.S. Code, including a position under a temporary 
appointment;
    (2) A member of the uniformed services as defined in section 101(3), 
title 37, U.S. Code;
    (3) A special Government employee as defined in section 202, title 
18, U.S. Code; and,
    (4) An individual who is a member of a Federal advisory committee, 
as defined by the Federal Advisory Committee Act, title 5, U.S. Code 
appendix 2.
    (l) Person means an individual, corporation, company, association, 
authority, firm, partnership, society, State, and local government, 
regardless of whether such entity is operated for profit or not for 
profit. This term excludes an Indian tribe, tribal organization, or any 
other Indian organization with respect to expenditures specifically 
permitted by other Federal law.
    (m) Reasonable compensation means, with respect to a regularly 
employed officer or employee of any person, compensation that is 
consistent with the normal compensation for such officer or employee for 
work that is not furnished to, not funded by, or not furnished in 
cooperation with the Federal Government.
    (n) Reasonable payment means, with respect to perfessional and other 
technical services, a payment in an amount that is consistent with the 
amount normally paid for such services in the private sector.
    (o) Recipient includes all contractors, subcontractors at any tier, 
and subgrantees at any tier of the recipient of funds received in 
connection with a Federal contract, grant, loan, or cooperative 
agreement. The term excludes an Indian tribe, tribal organization, or 
any other Indian organization with respect to expenditures specifically 
permitted by other Federal law.
    (p) Regularly employed means, with respect to an officer or employee 
of a person requesting or receiving a Federal contract, grant, loan, or 
cooperative agreement or a commitment providing for the United States to 
insure or guarantee a loan, an officer or employee who is employed by 
such person for at least 130 working days within one year immediately 
preceding the date of the submission that initiates agency consideration 
of such person for receipt of such contract, grant, loan, cooperative 
agreement, loan insurance commitment, or loan guarantee commitment. An 
officer or employee who is employed by such person for less than 130 
working days within one year immediately preceding the date of the

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submission that initiates agency consideration of such person shall be 
considered to be regularly employed as soon as he or she is employed by 
such person for 130 working days.
    (q) State means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, a territory or possession of 
the United States, an agency or instrumentality of a State, and a multi-
State, regional, or interstate entity having governmental duties and 
powers.



Sec. 311.110  Certification and disclosure.

    (a) Each person shall file a certification, and a disclosure form, 
if required, with each submission that initiates agency consideration of 
such person for:
    (1) Award of a Federal contract, grant, or cooperative agreement 
exceeding $100,000; or
    (2) An award of a Federal loan or a commitment providing for the 
United States to insure or guarantee a loan exceeding $150,000.
    (b) Each person shall file a certification, and a disclosure form, 
if required, upon receipt by such person of:
    (1) A Federal contract, grant, or cooperative agreement exceeding 
$100,000; or
    (2) A Federal loan or a commitment providing for the United States 
to insure or guarantee a loan exceeding $150,000,

unless such person previously filed a certification, and a disclosure 
form, if required, under paragraph (a) of this section.
    (c) Each person shall file a disclosure form at the end of each 
calendar quarter in which there occurs any event that requires 
disclosure or that materially affects the accuracy of the information 
contained in any disclosure form previously filed by such person under 
paragraphs (a) or (b) of this section. An event that materially affects 
the accuracy of the information reported includes:
    (1) A cumulative increase of $25,000 or more in the amount paid or 
expected to be paid for influencing or attempting to influence a covered 
Federal action; or
    (2) A change in the person(s) or individual(s) influencing or 
attempting to influence a covered Federal action; or,
    (3) A change in the officer(s), employee(s), or Member(s) contacted 
to influence or attempt to influence a covered Federal action.
    (d) Any person who requests or receives from a person referred to in 
paragraphs (a) or (b) of this section:
    (1) A subcontract exceeding $100,000 at any tier under a Federal 
contract;
    (2) A subgrant, contract, or subcontract exceeding $100,000 at any 
tier under a Federal grant;
    (3) A contract or subcontract exceeding $100,000 at any tier under a 
Federal loan exceeding $150,000; or,
    (4) A contract or subcontract exceeding $100,000 at any tier under a 
Federal cooperative agreement,

shall file a certification, and a disclosure form, if required, to the 
next tier above.
    (e) All disclosure forms, but not certifications, shall be forwarded 
from tier to tier until received by the person referred to in paragraphs 
(a) or (b) of this section. That person shall forward all disclosure 
forms to the agency.
    (f) Any certification or disclosure form filed under paragraph (e) 
of this section shall be treated as a material representation of fact 
upon which all receiving tiers shall rely. All liability arising from an 
erroneous representation shall be borne solely by the tier filing that 
representation and shall not be shared by any tier to which the 
erroneous representation is forwarded. Submitting an erroneous 
certification or disclosure constitutes a failure to file the required 
certification or disclosure, respectively. If a person fails to file a 
required certification or disclosure, the United States may pursue all 
available remedies, including those authorized by section 1352, title 
31, U.S. Code.
    (g) For awards and commitments in process prior to December 23, 
1989, but not made before that date, certifications shall be required at 
award or commitment, covering activities occurring between December 23, 
1989, and the date of award or commitment. However, for awards and 
commitments in process prior to the December 23, 1989 effective date of 
these provisions,

[[Page 86]]

but not made before December 23, 1989, disclosure forms shall not be 
required at time of award or commitment but shall be filed within 30 
days.
    (h) No reporting is required for an activity paid for with 
appropriated funds if that activity is allowable under either subpart B 
or C.



                 Subpart B--Activities by Own Employees



Sec. 311.200  Agency and legislative liaison.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 311.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement if 
the payment is for agency and legislative liaison activities not 
directly related to a covered Federal action.
    (b) For purposes of paragraph (a) of this section, providing any 
information specifically requested by an agency or Congress is allowable 
at any time.
    (c) For purposes of paragraph (a) of this section, the following 
agency and legislative liaison activities are allowable at any time only 
where they are not related to a specific solicitation for any covered 
Federal action:
    (1) Discussing with an agency (including individual demonstrations) 
the qualities and characteristics of the person's products or services, 
conditions or terms of sale, and service capabilities; and,
    (2) Technical discussions and other activities regarding the 
application or adaptation of the person's products or services for an 
agency's use.
    (d) For purposes of paragraph (a) of this section, the following 
agencies and legislative liaison activities are allowable only where 
they are prior to formal solicitation of any covered Federal action:
    (1) Providing any information not specifically requested but 
necessary for an agency to make an informed decision about initiation of 
a covered Federal action;
    (2) Technical discussions regarding the preparation of an 
unsolicited proposal prior to its official submission; and,
    (3) Capability presentations by persons seeking awards from an 
agency pursuant to the provisions of the Small Business Act, as amended 
by Public Law 95-507 and other subsequent amendments.
    (e) Only those activities expressly authorized by this section are 
allowable under this section.



Sec. 311.205  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 311.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement or 
an extension, continuation, renewal, amendment, or modification of a 
Federal contract, grant, loan, or cooperative agreement if payment is 
for professional or technical services rendered directly in the 
preparation, submission, or negotiation of any bid, proposal, or 
application for that Federal contract, grant, loan, or cooperative 
agreement or for meeting requirements imposed by or pursuant to law as a 
condition for receiving that Federal contract, grant, loan, or 
cooperative agreement.
    (b) For purposes of paragraph (a) of this section, ``professional 
and technical services'' shall be limited to advice and analysis 
directly applying any professional or technical discipline. For example, 
drafting of a legal document accompanying a bid or proposal by a lawyer 
is allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not allowable under this section unless they provide 
advice and analysis directly applying their professional or technical 
expertise and unless the advice or analysis is rendered directly and 
solely in the preparation, submission or negotiation of a covered 
Federal action. Thus, for example, communications with the intent to 
influence

[[Page 87]]

made by a lawyer that do not provide legal advice or analysis directly 
and solely related to the legal aspects of his or her client's proposal, 
but generally advocate one proposal over another are not allowable under 
this section because the lawyer is not providing professional legal 
services. Similarly, communications with the intent to influence made by 
an engineer providing an engineering analysis prior to the preparation 
or submission of a bid or proposal are not allowable under this section 
since the engineer is providing technical services but not directly in 
the preparation, submission or negotiation of a covered Federal action.
    (c) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.
    (d) Only those services expressly authorized by this section are 
allowable under this section.



Sec. 311.210  Reporting.

    No reporting is required with respect to payments of reasonable 
compensation made to regularly employed officers or employees of a 
person.



            Subpart C--Activities by Other Than Own Employees



Sec. 311.300  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 311.100 (a), does not apply in the case of any reasonable payment 
to a person, other than an officer or employee of a person requesting or 
receiving a covered Federal action, if the payment is for professional 
or technical services rendered directly in the preparation, submission, 
or negotiation of any bid, proposal, or application for that Federal 
contract, grant, loan, or cooperative agreement or for meeting 
requirements imposed by or pursuant to law as a condition for receiving 
that Federal contract, grant, loan, or cooperative agreement.
    (b) The reporting requirements in Sec. 311.110 (a) and (b) regarding 
filing a disclosure form by each person, if required, shall not apply 
with respect to professional or technical services rendered directly in 
the preparation, submission, or negotiation of any commitment providing 
for the United States to insure or guarantee a loan.
    (c) For purposes of paragraph (a) of this section, professional and 
technical services shall be limited to advice and analysis directly 
applying any professional or technical discipline. For example, drafting 
or a legal document accompanying a bid or proposal by a lawyer is 
allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not allowable under this section unless they provide 
advice and analysis directly applying their professional or technical 
expertise and unless the advice or analysis is rendered directly and 
solely in the preparation, submission or negotiation of a covered 
Federal action. Thus, for example, communications with the intent to 
influence made by a lawyer that do not provide legal advice or analysis 
directly and solely related to the legal aspects of his or her client's 
proposal, but generally advocate one proposal over another are not 
allowable under this section because the lawyer is not providing 
professional legal services. Similarly, communications with the intent 
to influence made by an engineer providing an engineering analysis prior 
to the preparation or submission of a bid or proposal are not allowable 
under this section since the engineer is providing technical services 
but not directly in the preparation, submission or negotiation of a 
covered Federal action.
    (d) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.

[[Page 88]]

    (e) Persons other than officers or employees of a person requesting 
or receiving a covered Federal action include consultants and trade 
associations.
    (f) Only those services expressly authorized by this section are 
allowable under this section.



                  Subpart D--Penalties and Enforcement



Sec. 311.400  Penalties.

    (a) Any person who makes an expenditure prohibited herein shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such expenditure.
    (b) Any person who fails to file or amend the disclosure form (see 
appendix B) to be filed or amended if required herein, shall be subject 
to a civil penalty of not less than $10,000 and not more than $100,000 
for each such failure.
    (c) A filing or amended filing on or after the date on which an 
administrative action for the imposition of a civil penalty is commenced 
does not prevent the imposition of such civil penalty for a failure 
occurring before that date. An administrative action is commenced with 
respect to a failure when an investigating official determines in 
writing to commence an investigation of an allegation of such failure.
    (d) In determining whether to impose a civil penalty, and the amount 
of any such penalty, by reason of a violation by any person, the agency 
shall consider the nature, circumstances, extent, and gravity of the 
violation, the effect on the ability of such person to continue in 
business, any prior violations by such person, the degree of culpability 
of such person, the ability of the person to pay the penalty, and such 
other matters as may be appropriate.
    (e) First offenders under paragraphs (a) or (b) of this section 
shall be subject to a civil penalty of $10,000, absent aggravating 
circumstances. Second and subsequent offenses by persons shall be 
subject to an appropriate civil penalty between $10,000 and $100,000, as 
determined by the agency head or his or her designee.
    (f) An imposition of a civil penalty under this section does not 
prevent the United States from seeking any other remedy that may apply 
to the same conduct that is the basis for the imposition of such civil 
penalty.



Sec. 311.405  Penalty procedures.

    Agencies shall impose and collect civil penalties pursuant to the 
provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. 
sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 
3812, insofar as these provisions are not inconsistent with the 
requirements herein.



Sec. 311.410  Enforcement.

    The head of each agency shall take such actions as are necessary to 
ensure that the provisions herein are vigorously implemented and 
enforced in that agency.



                          Subpart E--Exemptions



Sec. 311.500  Secretary of Defense.

    (a) The Secretary of Defense may exempt, on a case-by-case basis, a 
covered Federal action from the prohibition whenever the Secretary 
determines, in writing, that such an exemption is in the national 
interest. The Secretary shall transmit a copy of each such written 
exemption to Congress immediately after making such a determination.
    (b) The Department of Defense may issue supplemental regulations to 
implement paragraph (a) of this section.



                        Subpart F--Agency Reports



Sec. 311.600  Semi-annual compilation.

    (a) The head of each agency shall collect and compile the disclosure 
reports (see appendix B) and, on May 31 and November 30 of each year, 
submit to the Secretary of the Senate and the Clerk of the House of 
Representatives a report containing a compilation of the information 
contained in the disclosure reports received during the six-month period 
ending on March 31 or September 30, respectively, of that year.
    (b) The report, including the compilation, shall be available for 
public inspection 30 days after receipt of the report by the Secretary 
and the Clerk.

[[Page 89]]

    (c) Information that involves intelligence matters shall be reported 
only to the Select Committee on Intelligence of the Senate, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Committees on Appropriations of the Senate and 
the House of Representatives in accordance with procedures agreed to by 
such committees. Such information shall not be available for public 
inspection.
    (d) Information that is classified under Executive Order 12356 or 
any successor order shall be reported only to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives or the Committees on Armed Services of the 
Senate and the House of Representatives (whichever such committees have 
jurisdiction of matters involving such information) and to the 
Committees on Appropriations of the Senate and the House of 
Representatives in accordance with procedures agreed to by such 
committees. Such information shall not be available for public 
inspection.
    (e) The first semi-annual compilation shall be submitted on May 31, 
1990, and shall contain a compilation of the disclosure reports received 
from December 23, 1989 to March 31, 1990.
    (f) Major agencies, designated by the Office of Management and 
Budget (OMB), are required to provide machine-readable compilations to 
the Secretary of the Senate and the Clerk of the House of 
Representatives no later than with the compilations due on May 31, 1991. 
OMB shall provide detailed specifications in a memorandum to these 
agencies.
    (g) Non-major agencies are requested to provide machine-readable 
compilations to the Secretary of the Senate and the Clerk of the House 
of Representatives.
    (h) Agencies shall keep the originals of all disclosure reports in 
the official files of the agency.



Sec. 311.605  Inspector General report.

    (a) The Inspector General, or other official as specified in 
paragraph (b) of this section, of each agency shall prepare and submit 
to Congress each year, commencing with submission of the President's 
Budget in 1991, an evaluation of the compliance of that agency with, and 
the effectiveness of, the requirements herein. The evaluation may 
include any recommended changes that may be necessary to strengthen or 
improve the requirements.
    (b) In the case of an agency that does not have an Inspector 
General, the agency official comparable to an Inspector General shall 
prepare and submit the annual report, or, if there is no such comparable 
official, the head of the agency shall prepare and submit the annual 
report.
    (c) The annual report shall be submitted at the same time the agency 
submits its annual budget justifications to Congress.
    (d) The annual report shall include the following: All alleged 
violations relating to the agency's covered Federal actions during the 
year covered by the report, the actions taken by the head of the agency 
in the year covered by the report with respect to those alleged 
violations and alleged violations in previous years, and the amounts of 
civil penalties imposed by the agency in the year covered by the report.

        Appendix A to Part 311--Certification Regarding Lobbying

 Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge and 
belief, that:
    (1) No Federal appropriated funds have been paid or will be paid, by 
or on behalf of the undersigned, to any person for influencing or 
attempting to influence an officer or employee of an agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal 
contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Congress, an 
officer or employee of Congress, or an employee of a Member of Congress 
in connection with this Federal contract, grant, loan, or cooperative 
agreement, the undersigned shall complete

[[Page 90]]

and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards at 
all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all subrecipients 
shall certify and disclose accordingly.
    This certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required certification shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

            Statement for Loan Guarantees and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with this commitment 
providing for the United States to insure or guarantee a loan, the 
undersigned shall complete and submit Standard Form-LLL, ``Disclosure 
Form to Report Lobbying,'' in accordance with its instructions.
    Submission of this statement is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required statement shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

[[Page 91]]

       Appendix B to Part 311--Disclosure Form to Report Lobbying

[GRAPHIC] [TIFF OMITTED] TC13OC91.000


[[Page 92]]

[GRAPHIC] [TIFF OMITTED] TC13OC91.001



[[Page 93]]

[GRAPHIC] [TIFF OMITTED] TC13OC91.002



[[Page 95]]



CHAPTER IV--INTERNATIONAL JOINT COMMISSION, UNITED STATES AND CANADA




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Part                                                                Page
401             Rules of procedure..........................          96

[[Page 96]]



PART 401--RULES OF PROCEDURE--Table of Contents




                           Subpart A--General

Sec.
401.1  Definitions.
401.2  Chairmen.
401.3  Permanent offices.
401.4  Duties of secretaries.
401.5  Meetings.
401.6  Service of documents.
401.7  Conduct of hearings.
401.8  Decision by the whole Commission.
401.9  Suspension or amendment of rules.
401.10  General rule.
401.11  Availability of records.

                         Subpart B--Applications

401.12  Presentation to Commission.
401.13  Copies required.
401.14  Authorization by Government.
401.15  Notice of publication.
401.16  Statement in response
401.17  Statement in reply.
401.18  Supplemental or amended applications and statements.
401.19  Reducing or extending time and dispensing with statements.
401.20  Interested persons and counsel.
401.21  Consultation.
401.22  Attendance of witnesses and production of documents.
401.23  Hearings.
401.24  Expenses of proceedings.
401.25  Government brief regarding navigable waters.

                          Subpart C--References

401.26  Presentation to Commission.
401.27  Notice and publication.
401.28  Advisory boards.
401.29  Hearings.
401.30  Proceedings under Article X.

    Authority: Art. XII, 36 Stat. 2453.

    Source: 30 FR 3379, Mar. 13, 1965, unless otherwise noted.



                           Subpart A--General



Sec. 401.1   Definitions.

    (a) In the construction of the regulations in this part, unless the 
context otherwise requires, words importing the singular number shall 
include the plural and words importing the plural number shall include 
the singular; and,
    (b) Applicant means the Government or person on whose behalf on 
application is presented to the Commission in accordance with 
Sec. 401.12;
    (c) Government means the Government of Canada or the Government of 
the United States of America;
    (d) Person includes Province, State, department or agency of a 
Province or State, municipality, individual, partnership, corporation 
and association, but does not include the Government of Canada or the 
Government of the United States of America;
    (e) Oath includes affirmation;
    (f) Reference means the document by which a question or matter of 
difference is referred to the Commission pursuant to Article IX of the 
Treaty;
    (g) The Treaty means the Treaty between the United States of America 
and His Majesty the King, dated the 11th day of January 1909;
    (h) Canadian section consists of the commissioners appointed by Her 
Majesty on the recommendation of the Governor in Council of Canada;
    (i) United States section consists of the Commissioners appointed by 
the President of the United States.



Sec. 401.2   Chairmen.

    (a) The commissioners of the United States section of the Commission 
shall appoint one of their number as chairman, to be known as the 
Chairman of the United States Section of the International Joint 
Commission, and he shall act as chairman at all meetings of the 
Commission held in the United States and in respect to all matters 
required to be done in the United States by the chairman of the 
Commission.
    (b) The commissioners of the Canadian section of the Commission 
shall appoint one of their number as chairman, to be known as the 
Chairman of the Canadian Section of the International Joint Commission, 
and he shall act as chairman at all meetings of the Commission held in 
Canada and in respect to all matters required to be done in Canada by 
the chairman of the Commission.
    (c) In case it shall be impracticable for the chairman of either 
section to act in any matter, the commissioner of such section who is 
senior in order of appointment shall act in his stead.



Sec. 401.3   Permanent offices.

    The permanent offices of the Commission shall be at Washington, in 
the

[[Page 97]]

District of Columbia, and at Ottawa, in the Province of Ontario, and, 
subject to the directions of the respective chairmen acting for their 
respective sections, the secretaries of the United States and Canadian 
sections of the Commission shall have full charge and control of said 
offices, respectively.



Sec. 401.4   Duties of secretaries.

    (a) The secretaries shall act as joint secretaries at all meetings 
and hearings of the Commission. The secretary of the section of the 
Commission of the country in which a meeting or hearing is held shall 
prepare a record thereof and each secretary shall preserve an authentic 
copy of the same in the permanent offices of the Commission.
    (b) Each secretary shall receive and file all applications, 
references and other papers properly presented to the Commission in any 
proceeding instituted before it and shall number in numerical order all 
such applications and references; the number given to an application or 
reference shall be the primary file number for all papers relating to 
such application or reference.
    (c) Each secretary shall forward to the other for filing in the 
office of the other copies of all official letters, documents, records 
or other papers received by him or filed in his office, pertaining to 
any proceeding before the Commission, to the end that there shall be on 
file in each office either the original or a copy of all official 
letters and other papers, relating to the said proceeding.
    (d) Each secretary shall also forward to the other for filing in the 
office of the other copies of any letters, documents or other papers 
received by him or filed in his office which are deemed by him to be of 
interest to the Commission.



Sec. 401.5   Meetings.

    (a) Subject at all times to special call or direction by the two 
Governments, meetings of the Commission shall be held at such times and 
places in the United States and Canada as the Commission or the Chairman 
may determine and in any event shall be held each year at Washington in 
April and at Ottawa in October, beginning ordinarily on the first 
Tuesday of the said months.
    (b) If the Commission determines that a meeting shall be open to the 
public, it shall give such advance notice to this effect as it considers 
appropriate in the circumstances.



Sec. 401.6   Service of documents.

    (a) Where the secretary is required by the regulations in this part 
to give notice to any person, this shall be done by delivering or 
mailing such notice to the person at the address for service that the 
said person has furnished to the Commission, or if no such address has 
been furnished, at the dwelling house or usual place of abode or usual 
place of business of such person.
    (b) Where the secretary is required by the regulations in this part 
to give notice to a Government, this shall be done by delivering or 
mailing such notice to the Secretary of State for External Affairs of 
Canada or to the Secretary of State of the United States of America, as 
the case may be.
    (c) Service of any document pursuant to Sec. 401.22 shall be by 
delivering a copy thereof to the person named therein, or by leaving the 
same at the dwelling house or usual place of abode or usual place of 
business of such person. The person serving the notice or request shall 
furnish an affidavit to the secretary stating the time and place of such 
service.



Sec. 401.7   Conduct of hearings.

    Hearings may be conducted, testimony received and arguments thereon 
heard by the whole Commission or by one or more Commissioners from each 
section of the Commission, designated for that purpose by the respective 
sections or the Chairman thereof.



Sec. 401.8   Decision by the whole Commission.

    The whole Commission shall consider and determine any matter or 
question which the Treaty or any other treaty or international 
agreement, either in terms or by implication, requires or makes it the 
duty of the Commission to determine. For the purposes of this section 
and Sec. 401.7, ``the whole Commission'' means all of the commissioners 
appointed pursuant to Article VII of the Treaty whose terms of office 
have not expired and who are not prevented

[[Page 98]]

by serious illness or other circumstances beyond their control from 
carrying out their functions as commissioners. In no event shall a 
decision be made without the concurrence of at least four commissioners.



Sec. 401.9   Suspension or amendment of rules.

    The commission may suspend, repeal, or amend all or any of the rules 
of procedure at any time, with the concurrence of at least four 
commissioners. Both Governments shall be informed forthwith of any such 
action.



Sec. 401.10   General rule.

    The Commission may, at any time, adopt any procedure which it deems 
expedient and necessary to carry out the true intent and meaning of the 
Treaty.



Sec. 401.11   Availability of records.

    (a) The following items in the official records of the Commission 
shall be available for public information at the permanent offices of 
the Commission.

Applications.
References.
Public Notices.
Press Releases.
Statements in Response.
Statements in Reply.
Records of hearings, including exhibits filed.
Brief and formal Statements submitted at hearings or at other times.

    (b) Decisions rendered and orders issued by the Commission and 
formal opinions of any of the Commissioners with relation thereto, shall 
be available similarly for public information after duplicate originals 
of the decisions or orders have been transmitted to and filed with the 
Governments pursuant to Article XI of the Treaty.
    (c) Copies of reports submitted to one or both of the Governments 
pursuant to the Treaty shall be available similarly for public 
information only with the consent of the Government or Governments to 
whom the reports are addressed.
    (d) Reports, letters, memoranda and other communications addressed 
to the Commissions, by boards or committees created by or at the request 
of the Commission, are privileged and shall become available for public 
information only in accordance with a decision of the Commission to that 
effect.
    (e) Except as provided in the preceding paragraphs of this section, 
records of deliberations, and documents, letters, memoranda and 
communications of every nature and kind in the official records of the 
Commission, whether addressed to or by the Commission, commissioners, 
secretaries, advisers or any of them, are privileged and shall become 
available for public information only in accordance with a decision of 
the Commission to that effect.
    (f) A copy of any document, report, record or other paper which 
under this section is available for public information may be furnished 
to any person upon payment of any cost involved in its reproduction.



                         Subpart B--Applications



Sec. 401.12   Presentation to Commission.

    (a) Where one or the other of the Governments on its own initiative 
seeks the approval of the commission for the use, obstruction or 
diversion of waters with respect to which under Articles III or IV of 
the Treaty the approval of the Commission is required, it shall present 
to the Commission an application setting forth as fully as may be 
necessary for the information of the Commission the facts upon which the 
application is based and the nature of the order of approval desired.
    (b) Where a person seeks the approval of the Commission for the use, 
obstruction or diversion of waters with respect to which under Articles 
III or IV of the Treaty the approval of the Commission is required, he 
shall prepare an application to the Commission and forward it to the 
Government within whose jurisdiction such use, obstruction or diversion 
is to be made, with the request that the said application be transmitted 
to the Commission. If such Government transmits the application to the 
Commission with a request that it take appropriate action thereon, the 
same shall be filed by the Commission in the same manner as an 
application presented in accordance with paragraph (a) of this section. 
Transmittal of the application to the Commission shall not be construed 
as authorization by the Government of the use, obstruction

[[Page 99]]

or diversion proposed by the applicant. All applications by persons 
shall conform, as to their contents, to the requirements of paragraph 
(a) of this section.
    (c) Where the Commission has issued an Order approving a particular 
use, obstruction or diversion, in which it has specifically retained 
jurisdiction over the subject matter of an application and has reserved 
the right to make further orders relating thereto, any Government or 
person entitled to request the issuance of such further order may 
present to the Commission a request, setting forth the facts upon which 
it is based and the nature of the further order desired. On receipt of 
the request, the Commission shall proceed in accordance with the terms 
of the Order in which the Commission specifically retained jurisdiction. 
In each case the secretaries shall notify both Governments and invite 
their comments before the request is complied with.



Sec. 401.13   Copies required.

    (a) Subject to paragraph (c) of this section, two duplicate 
originals and fifty copies of the application and of any supplemental 
application, statement in response, supplemental statement in response, 
statement in reply and supplemental statement in reply shall be 
delivered to either secretary. On receipt of such documents, the 
secretary shall forthwith send one duplicate original and twenty-five 
copies to the other secretary.
    (b) Subject to paragraph (c) of this section, two copies of such 
drawings, profiles, plans or survey, maps and specifications as may be 
necessary to illustrate clearly the matter of the application shall be 
delivered to either secretary and he shall send one copy forthwith to 
the other secretary.
    (c) Notwithstanding paragraphs (a) and (b) of this section, such 
additional copies of the documents mentioned therein as may be requested 
by the Commission shall be provided forthwith.



Sec. 401.14   Authorization by Government.

    (a) Where the use, obstruction or diversion of waters for which the 
Commission's approval is sought has been authorized by or on behalf of a 
Government or by or on behalf of a State or Province or other competent 
authority, two copies of such authorization and of any plans approved 
incidental thereto shall accompany the application when it is presented 
to the Commission in accordance with Sec. 401.12.
    (b) Where such a use, obstruction or diversion of waters is 
authorized by or on behalf of a Government or by or on behalf of a State 
or Province or other competent authority after an application has been 
presented to the Commission in accordance with Sec. 401.12, the 
applicant shall deliver forthwith to the Commission two copies of such 
authorization and of any plans approved incidental thereto.



Sec. 401.15   Notice of publication.

    (a) As soon as practicable after an application is presented or 
transmitted in accordance with Sec. 401.12, the secretary of the section 
of the Commission appointed by the other Government shall send a copy of 
the application to such Government.
    (b) Except as otherwise provided pursuant to Sec. 401.19, the 
secretaries, as soon as practicable after the application is received, 
shall cause a notice to be published in the Canada Gazette and the 
Federal Register and once each week for three successive weeks in two 
newspapers, published one in each country and circulated in or near the 
localities which, in the opinion of the Commission, are most likely to 
be affected by the proposed use, obstruction or diversion. Subject to 
paragraph (c) of this section, the notice shall state that the 
application has been received, the nature and locality of the proposed 
use, obstruction or diversion, the time within which any person 
interested may present a statement in response to the Commission and 
that the Commission will hold a hearing or hearings at which all persons 
interested are entitled to be heard with respect thereto.
    (c) If the Commission so directs, the notice referred to in 
paragraph (b) of this section, appropriately modified, may be combined 
with the notice of hearing referred to in Sec. 401.24 and published 
accordingly.

[[Page 100]]



Sec. 401.16   Statement in response.

    (a) Except as otherwise provided pursuant to Sec. 410.19, a 
Government and any interested person, other than the applicant, may 
present a statement in response to the Commission within thirty days 
after the filing of an application. A statement in response shall set 
forth facts and arguments bearing on the subject matter of the 
application and tending to oppose or support the application, in whole 
or in part. If it is desired that conditional approval be granted, the 
statement in response should set forth the particular condition or 
conditions desired. An address for service of documents should be 
included in the statement in response.
    (b) When a statement in response has been filed, the secretaries 
shall send a copy forthwith to the applicant and to each Government 
except the Government which presented the said statement in response. If 
so directed by the Commission, the secretaries shall inform those who 
have presented statements in response, of the nature of the total 
response.



Sec. 401.17   Statement in reply.

    (a) Except as otherwise provided pursuant to Sec. 410.19, the 
applicant and, if he is a person, the Government which transmitted the 
application on his behalf, one or both may present a statement or 
statements in reply to the Commission within thirty days after the time 
provided for presenting statements in response. A statement in reply 
shall set forth facts and arguments bearing upon the allegations and 
arguments contained in the statements in response.
    (b) When a statement in reply has been filed, the secretary shall 
send a copy forthwith to each Government except the Government which 
presented the said statement in reply, and to all persons who presented 
statements in response.



Sec. 401.18   Supplemental or amended applications and statements.

    (a) If it appears to the Commission that either an application, a 
statement in response or a statement in reply is not sufficiently 
definite and complete, the Commission may require a more definite and 
complete application, statement in response or statement in reply, as 
the case may be, to be presented.
    (b) Where substantial justice requires it, the Commission with the 
concurrence of at least four Commissioners may allow the amendment of 
any application, statement in response, statement in reply and any 
document or exhibit which has been presented to the Commission.



Sec. 401.19   Reducing or extending time and dispensing with statements.

    In any case where the Commission considers that such action would be 
in the public interest and not prejudicial to the right of interested 
persons to be heard in accordance with Article XII of the Treaty, the 
Commission may reduce or extend the time for the presentation of any 
paper or the doing of any act required by these rules or may dispense 
with the presentation of statements in response and statements in reply.



Sec. 401.20   Interested persons and counsel.

    Governments and persons interested in the subject matter of an 
application, whether in favour of or opposed to is, are entitled to be 
heard in person or by counsel at any hearing thereof held by the 
Commission.



Sec. 401.21   Consultation.

    The Commission may meet or consult with the applicant, the 
Governments and other persons or their counsel at any time regarding the 
plan of hearing, the mode of conducting the inquiry, the admitting or 
proof of certain facts or for any other purpose.



Sec. 401.22   Attendance of witnesses and production of documents.

    (a) Requests for the attendance and examination of witnesses and for 
the production and inspection of books, papers and documents may be 
issued over the signature of the secretary of the section of the 
Commission of the country in which the witnesses reside or the books, 
papers or documents may be, when so authorized by the Chairman of that 
section.
    (b) All applications for subpoena or other process to compel the 
attendance

[[Page 101]]

of witnesses or the production of books, papers and documents before the 
Commission shall be made to the proper courts of either country, as the 
case may be, upon the order of the Commission.



Sec. 401.23   Hearings.

    (a) The time and place of the hearing or hearings of an application 
shall be fixed by the Chairmen of the two sections.
    (b) The secretaries shall forthwith give written notice of the time 
and place of the hearing or hearings to the applicant, the Governments 
and all persons who have presented statements in response to the 
Commission. Except as otherwise provided by the Commission, the 
secretaries shall also cause such notice to be published in the Canada 
Gazette and the Federal Register and once each week for three successive 
weeks in two newspapers, published one in each country and circulated in 
or near the localities which, in the opinion of the Commission, are most 
likely to be affected by the proposed use, obstruction or diversion of 
water.
    (c) All hearings shall be open to the public.
    (d) The applicant, the Governments and persons interested are 
entitled to present oral and documentary evidence and argument that is 
relevant and material to any issue that is before the Commission in 
connection with the application.
    (e) The presiding chairman may require that evidence to be under 
oath.
    (f) Witnesses may be examined and cross-examined by the 
Commissioners and by counsel for the applicant, the Governments and the 
Commission. With the consent of the presiding chairman, cousel for a 
person other than the applicant may also examine or cross-examine 
witnesses.
    (g) The Commission may require further evidence to be given and may 
require printed briefs to be submitted at or subsequent to the hearing.
    (h) The Commissioners shall be free to determine the probative value 
of the evidence submitted to it.
    (i) A verbatim transcript of the proceedings at the hearing shall be 
prepared.
    (j) The hearing of the application, when once begun, shall proceed 
at the times and places determined by the Chairmen of the two sections 
to ensure the greatest practicable continuity and dispatch of 
proceedings.



Sec. 401.24   Expenses of proceedings.

    (a) The expenses of those participating in any proceeding under this 
subpart B shall be borne by the participants.
    (b) The Commission, after due notice to the participant or 
participants concerned, may require that any unusual cost or expense to 
the Commission shall be paid by the person on whose behalf or at whose 
request such unusual cost or expense has been or will be incurred.



Sec. 401.25   Government brief regarding navigable waters.

    When in the opinion of the Commission it is desirable that a 
decision should be rendered which affects navigable waters in a manner 
or to an extent different from that contemplated by the application and 
plans presented to the Commission, the Commission will, before making a 
final decision, submit to the Government presenting or transmitting the 
application a draft of the decision, and such Government may transmit to 
the Commission a brief or memorandum thereon which will receive due 
consideration by the Commission before its decision is made final.



                          Subpart C--References



Sec. 401.26   Presentation to Commission.

    (a) Where a question or matter of difference arising between the two 
Governments involving the rights, obligations, or interests of either in 
relation to the other or to the inhabitants of the other along the 
common frontier between the United States of America and Canada is to be 
referred to the Commission under Article IX of the Treaty, the method of 
brining such question or matter to the attention of the Commission and 
invoking its action ordinarily will be as set forth in this section.

[[Page 102]]

    (b) Where both Governments have agreed to refer such a question or 
matter to the Commission, each Government will present to the 
Commission, at the permanent office in its country, a reference in 
similar or identical terms setting forth as fully as may be necessary 
for the information of the Commission the question or matter which it is 
to examine into the report upon and any restrictions or exceptions which 
may be imposed upon the Commission with respect thereto.
    (c) Where one of the Governments, on its own initiative, has decided 
to refer such a question or matter to the Commission, it will present a 
reference to the Commission at the permanent office in its country. All 
such references should conform, as to their contents, to the 
requirements of paragraph (b) of this section.
    (d) Such drawings, plans of survey and maps as may be necessary to 
illustrate clearly the question or matter referred should accompany the 
reference when it is presented to the Commission.



Sec. 401.27   Notice and publication.

    (a) The secretary to whom a reference is presented shall receive and 
file the same and shall send a copy forthwith to the other secretary for 
filing in the office of the latter. If the reference is presented by one 
Government only, the other secretary shall send a copy forthwith to his 
Government.
    (b) Subject to any restrictions or exceptions which may be imposed 
upon the Commission by the terms of the reference, and unless otherwise 
provided by the Commission, the secretaries, as soon as practicable 
after the reference is received, shall cause a notice to be published in 
the Canada Gazette, the Federal Register and in two newspapers, 
published one in each country and circulated in or near the localities 
which, in the opinion of the Commission, are most likely to be 
interested in the subject matter of the reference. The notice shall 
describe the subject matter of reference in general terms invite 
interested persons to inform the Commission of the nature of their 
interest and state that the Commission will provide convenient 
opportunity for interested persons to be heard with respect thereto.



Sec. 401.28   Advisory boards.

    (a) The Commission may appoint a board or boards, composed of 
qualified persons, to conduct on its behalf investigations and studies 
that may be necessary or desirable and to report to the Commission 
regarding any questions or matters involved in the subject matter of the 
reference.
    (b) Such board ordinarily will have an equal number of members from 
each country.
    (c) The Commission ordinarily will make copies of the main or final 
report of such board or a digest thereof available for examination by 
the Governments and interested persons prior to holding the final 
hearing or hearings referred to in Sec. 401.29.



Sec. 401.29   Hearings.

    (a) A hearing or hearings may be held whenever in the opinion of the 
Commission such action would be helpful to the Commission in complying 
with the terms of a reference. Subject to any restrictions or exceptions 
which may be imposed by the terms of the reference, a final hearing or 
hearings shall be held before the Commission reports to Government in 
accordance with the terms of the reference.
    (b) The time, place and purpose of the hearing or hearings on a 
reference shall be fixed by the chairmen of the two sections.
    (c) The secretaries shall forthwith give written notice of the time, 
place and purpose of the hearing or hearings to each Government and to 
persons who have advised the Commission of their interest. Unless 
otherwise directed by the Commission, the secretaries shall also cause 
such notice to be published in the Canada Gazette, the Federal Register 
and once each week for three successive weeks in two newspapers, 
published one in each country and circulated in or near the localities 
which, in the opinion of the Commission, are most likely to be 
interested in the subject matter of the reference.
    (d) All hearings shall be open to the public, unless otherwise 
determined by the Commission.

[[Page 103]]

    (e) At a hearing, the Governments and persons interested are 
entitled to present, in person or by counsel, oral and documentary 
evidence and argument that is relevant and material to any matter that 
is within the published purpose of the hearing.
    (f) The presiding chairman may require that evidence by under oath.
    (g) Witnesses may be examined and cross-examined by the 
Commissioners and by counsel for the Governments and the Commission. 
With the consent of presiding chairman, counsel for any interested 
person may also examine or cross-examine witnesses.
    (h) The Commission may require further evidence to be given and may 
require printed briefs to be submitted at or subsequent to the hearing.
    (i) A verbatim transcript of the proceedings at the hearing shall be 
prepared.



Sec. 401.30   Proceedings under Article X.

    When a question or matter of difference arising between the two 
Governments involving the rights, obligations or interests of either in 
relation to the other or to their respective inhabitants has been or is 
to be referred to the Commission for decision under Article X of the 
Treaty, the Commission, after consultation with the said Governments, 
will adopt such rules of procedure as may be appropriate to the question 
or matter referred or to be referred.

[[Page 105]]



               CHAPTER V--UNITED STATES INFORMATION AGENCY




  --------------------------------------------------------------------
Part                                                                Page
500             Employee responsibilities and conduct.......         107
501             Appointment of Foreign Service officers.....         107
502             World-wide free flow of audio-visual 
                    materials...............................         114
503             Availability of records.....................         118
504             Organization................................         128
505             Privacy Act policies and procedures.........         133
506             Part-time career employment program.........         144
510             Service of process..........................         145
511             Federal tort claims procedure...............         145
512             Collection of debts under the Debt 
                    Collection Act of 1982..................         148
513             Governmentwide debarment and suspension 
                    (nonprocurement) and governmentwide 
                    requirements for drug-free workplace 
                    (grants)................................         158
514             Exchange-Visitor Program....................         177
515             Payments to and on behalf of participants in 
                    the International Educational and 
                    Cultural Exchange Program...............         223
516             Participation by Federal employees in 
                    cultural exchange programs of foreign 
                    countries...............................         227
517             Foreign students............................         229
518             Uniform administrative requirements for 
                    grants and agreements with institutions 
                    of higher education, hospitals, and 
                    other non-profit organizations..........         230
519             New restrictions on lobbying................         257
521             Implementation of the Program Fraud Civil 
                    Remedies Act............................         268
525             Administrative enforcement procedures of 
                    post-employment restrictions............         283
526             Availability of the records of the National 
                    Endowment for Democracy.................         285
527             Organization of the National Endowment for 
                    Democracy...............................         293

[[Page 106]]

530             Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the United 
                    States Information Agency...............         297

[[Page 107]]





PART 500--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents




    Cross-Reference: The regulations governing the responsibilities and 
conduct of employees of the United States Information Agency are 
codified as part 10 of this title, prescribed jointly by the Department 
of State, the Agency for International Development, and the 
International Communciation Agency, 31 FR 6309, Apr. 26, 1966.



PART 501--APPOINTMENT OF FOREIGN SERVICE OFFICERS--Table of Contents




Sec.
501.1  Policy.
501.2  Eligibility for appointment as Foreign Service Officer.
501.3  Noncompetitive interchange between Civil Service and Foreign 
          Service.
501.4  Junior Level Career Candidate Program (Class 6, 5, or 4).
501.5  Mid-Level FSO Candidate Program (Class 3, 2, or 1).
501.6  Appointment of Overseas Specialists.
501.7  Appointment as Chief of Mission.
501.8  Reappointment of Foreign Service Officers and Career Overseas 
          Specialists.
501.9  Interchange of FSOs between USIA and other Foreign Affairs 
          Agencies.

    Authority: Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.).

    Source: 50 FR 27423, July 3, 1985, unless otherwise noted.



Sec. 501.1  Policy.

    It is the policy of the United States Information Agency that 
Foreign Service Officers occupy positions in which there is a need and 
reasonable opportunity for interchangeability of personnel between the 
Agency and posts abroad, and which are concerned with (a) the conduct, 
observation, or analysis of information and cultural activities, or (b) 
the executive management of, or administrative responsibility for, the 
overseas operations of the Agency's program.



Sec. 501.2  Eligibility for appointment as Foreign Service Officer.

    Cross-reference: The regulations governing eligibility for 
appointment as a Foreign Service Officer are codified in part 11 of this 
title.



Sec. 501.3  Noncompetitive interchange between Civil Service and Foreign Service.

    (a) An agreement between the Office of Personnel Management and the 
Agency under the provisions of Executive Order 11219 (3 CFR 1964-65 
Comp. p. 303) provides for the noncompetitive appointment of present or 
former Foreign Service employees as career or career conditional Civil 
Service employees.
    (b) Under this agreement former career personnel of the Agency's 
Foreign Service (FSCR, FSRU, FSIO, FSS, FSO, or FP) and such present 
personnel desiring to transfer, are eligible, under certain conditions, 
for noncompetitive career or career-conditional appointment in any 
Federal agency that desires to appoint them. The President has 
authorized the Office of Personnel Management by executive order to 
waive the requirements for competitive examination and appointment for 
such Agency career Foreign Service personnel.
    (c) A present or former Civil Service employee may be appointed on a 
competitive basis in any Foreign Service class for which the employee 
has qualified under the provisions of section 3947 of title 22, United 
States Code.



Sec. 501.4  Junior Level Career Candidate Program (Class 6, 5, or 4).

    Cross-reference: The regulations governing the junior level Career 
Candidate program are codified in part 11 of this title.



Sec. 501.5  Mid-level FSO Candidate Program (Class 3, 2, or 1).

    (a) General. The mid-level FSO Candidate program, under the 
provisions of section 306 of the Foreign Service Act of 1980, 
supplements the junior-level Career Candidate program to meet total 
requirements for Foreign Service Officers at the mid-level in the 
Foreign Service. Foreign Service limited appointments of FSO Candidates 
are made to Class 3, 2, or 1 for a period not to exceed five years. 
Occasionally, appointments may be offered at the Class 4 level. The FSO 
Commissioning Board

[[Page 108]]

will determine whether FSO Candidates have performed at a satisfactory 
level and demonstrated the required level of growth potential and 
competence, and will make a recommendation on commissioning as Foreign 
Service Officers. FSO Candidates who are not recommended for 
commissioning prior to the expiration of their limited appointment will 
be separated from the mid-level program.
    (b) Sources of applicants. (1) The United States Information Agency 
draws a significant number of FSO Candidates from Agency employees who 
apply, and are found qualified by the Board of Examiners for the Foreign 
Service (BEX).
    (2) The Agency also draws Candidates from outside applicants who 
possess skills and abilities in short supply in the Foreign Service and 
who have capabilities, insights, techniques, experiences, and 
differences of outlook which would serve to enrich the Foreign Service 
and enable them to perform effectively in assignments both abroad and in 
the United States. Minority applicants are recruited for mid-level entry 
under the COMRAT program. Appointment from sources outside the Agency is 
limited and based on intake levels established in accordance with total 
USIA FSO workforce and functional requirements. Such appointments are 
based on successful completion of the examination process, and existing 
assignment vacancies.
    (c) Eligibility requirement. (1) USIA Employees. On the date of 
application, employees must have at least three years of Federal 
Government service in a position of responsibility in the Agency. A 
position of responsibility is defined as service as an Overseas 
Specialist at Class 4 or above or as a Domestic Specialist at GS-11 or 
above within the Agency. The duties and responsibilities of the position 
occupied by the applicant must have been similar or closely related to 
those of a Foreign Service Officer in terms of knowledge, skills, 
abilities, and overseas experience. Agency Domestic and Overseas 
Specialists must be no more than 58 years of age on the date of 
redesignation or appointment as an FSO Candidate.
    (2) Applicants Under Special Recruitment Programs. Minority and 
women applicants must be no more than 58 years of age, must have 
approximately nine years of education or experience relevant to work 
performed in USIA, must be knowledgeable in the social, political and 
cultural history of the U.S. and be able to analyze and interpret this 
in elation to U.S. Government policy and American life.
    (3) Outside Applicants. On the date of appointment, applicants must 
be no more than 58 years of age, with nine years of relevant work 
experience and/or education, or proficiency in a language for which the 
Agency has a need, or substantial management expertise. Relevant work 
experience is defined as public relations work, supervisory or 
managerial positions in communications media, program director for a 
museum or university-level teacher of political science, history, 
English or other relevant disciplines. Appointments from these sources 
for the limited vacancies available are made on a competitive basis to 
fill specific Service needs after ensuring that the vacancies cannot be 
filled by Foreign Service Officers already in the Foreign Service 
Officer Corps.
    (d) Application Procedures. (1) Applicants must complete Standard 
Form 171, Application for Federal Employment; Form DSP-34, Supplement to 
Application for Federal Employment; a 1,000 word autobiography; a 
statement affirming willingness and capacity to serve at any post 
worldwide; and transcripts of all graduate and undergraduate course work 
and forward them to the Special Recruitment Branch, Office of Personnel 
(M/PDSE).
    (2) The filing of an application for the Foreign Service does not in 
itself entitle an applicant to examination. The decision to proceed with 
an oral examination is made by a Qualifications Evaluation Panel after 
determining the applicant's eligibility for appointment and reviewing 
the applicant's qualifications including his/her performance, and 
administrative files (or equivalents), claimed language proficiency and 
other background or factors which may be related to the work performed 
by FSOs. An oral examination is given only in those cases where the 
applicant is found to possess superior qualifications, proven ability, 
and high potential for success in the Foreign Service.

[[Page 109]]

    (e) Examination process. (1) Written Examination. A written 
examination will not normally be required of applicants for FSO 
Candidate appointments. However, if the volume of applications for a 
given class or classes is such as to make it infeasible to examine 
applicants orally within a reasonable time, such applicants may be 
required to take an appropriate written examination prescribed by the 
Board of Examiners. Those who meet or exceed the passing level set by 
the Board of Examiners on the written examination will be eligible for 
selection for the oral examination.
    (2) Oral examination. (i) Applicants approved by the Qualifications 
Evaluation Panel for examination will be given an oral examination by a 
panel of Deputy Examiners approved by the Board of Examiners. The oral 
examination is designed to enable the Board of Examiners to determine 
whether applicants are functionally qualified for work in the Foreign 
Service at the mid-level, whether they would be suitable representatives 
abroad of the United States, whether they have the potential to advance 
in the Foreign Service, and whether they have the background and 
experience to make a contribution to the Foreign Service. The oral 
examination is individually scheduled throughout the year and is 
normally given in Washington, D.C. At the discretion of the Board of 
Examiners, it may be given in other American cities, or at Foreign 
Service posts, selected by the Board.
    (ii) The panel will orally examine each applicant through 
questioning and discussion. There will also be a writing exercise and an 
in-basket test. Applicants taking the oral examination will be graded 
according to the standards established by the Board of Examiners. The 
application of anyone whose score is at or above the passing level set 
by the Board will be continued. The application of anyone whose score is 
below the passing level will be terminated. The applicant may, however, 
reapply in 12 months by submitting a new application.
    (3) Foreign language requirement. All applicants who pass the oral 
examination will be required to take a subsequent test to measure their 
fluency in foreign languages, or their aptitude for learning them (MLAT) 
for which a score of 50 points (on a scale of zero to eighty) is 
necessary to qualify for further processing. No applicant will be 
recommended for career appointment who has not demonstrated such a 
proficiency or aptitude. An applicant may be selected, appointed and 
assigned without first having demonstrated required proficiency in a 
foreign language, but the appointment will be subject to the condition 
that the employee may not receive more than one promotion and may not be 
commissioned as an FSO until proficiency in one foreign language is 
achieved.
    (4) Medical examination. Those applicants recommended by the Board 
of Examiners for an FSO candidacy, and their dependents who will reside 
with them overseas, are required to pass a physical examination at the 
Department of State Medical Division.
    (5) Security and suitability considerations. A background 
investigation or appropriate security clearance update will be conducted 
on each applicant, and no application may be continued until a security 
clearance has been granted.
    (6) Class of appointment. The Board of Examiners fixes the entry 
level for appointment as an FSO candidate.
    (7) Certification for appointment. After completion of all aspects 
of the examination, the Board of Examiners certifies to the Agency 
successful candidates for appointment as FSO Candidates. Determinations 
of duly constituted panels of examiners and deputy examiners are final, 
unless modified by specific action of the Board of Examiners for the 
Foreign Service.
    (8) FSO Candidate registers. (i) After approval by the Board of 
Examiners, and certification as to suitability and security clearance by 
the Agency's Director of Security, successful applicants will have their 
names placed on a register for the class for which they have been found 
qualified. Appointments to available openings will be made from the 
applicants entered on the register for the class of the position to be 
filled. Inclusion on the register does not guarantee eventual assignment 
and appointment as an FSO

[[Page 110]]

Candidate. Applicants who have qualified but have not been appointed 
because of lack of openings will be dropped from the register 18 months 
after the date of placement on it (or the completion of an inside 
applicant's current overseas tour, whichever is longer). Such applicants 
may reapply for the program, but will be required to repeat the entire 
application process, including BEX testing.
    (ii) Any applicant on the register who refuses an assignment offer 
will be removed from the Register and will not be eligible to reapply 
for the program for seven years.
    (iii) The Board of Examiners may extend the eligibility period when 
such extension is in its judgment justified in the interest of the 
Foreign Service.
    (f) Appointment as an FSO Candidate. (1) An FSO Candidate will be 
given a four-year Foreign Service limited appointment. Agency Career 
Overseas Specialists will be redesignated as FSO Candidates for a period 
of four years. The appointment or redesignation may be extended for one 
year, but must be terminated at the end of the fifth year. The purpose 
of the FSO Candidacy is to permit on-the-job evaluation of an 
individual's suitability and capacity for effective service as a Foreign 
Service Officer.
    (2) FSO Candidates will be assigned to Generalist positions 
overseas, and will compete for promotion with other Generalist officers 
under the Annual Generalist Selection Boards. FSO Candidates at the 
Class 1 level may not compete for promotion into the Senior Foreign 
Service prior to commissioning as an FSO.
    (3) The FSO Candidacy may be terminated during the four-year period 
for unsatisfactory performance (22 U.S.C. 4011) or for such other cause 
as will promote the efficiency of the Service (22 U.S.C. 4010).
    (g) Commissioning as a Foreign Service Officer. (1) Upon completion 
of three years' service (most of which will have been overseas), the FSO 
Candidate will be eligible for commissioning as a Foreign Service 
Officer. The FSO Commissioning Board will review all FSO Candidates 
appointed on or after March 1, 1980 and will recommend on tenure.
    (2) The criterion used for deciding whether to recommend 
commissioning of FSO Candidates is the Candidate's demonstrated 
potential to perform effectively as a Foreign Service Officer in a 
normal range of generalist assignments up through the Class 1 level. No 
quota or numerical limit is placed on the number of affirmative 
decisions.
    (3) If recommended for commissioning, and having satisfied the 
language proficiency requirements, the name of the FSO Candidate will be 
forwarded to the President and the Senate and, upon approval, the FSO 
Candidate will be commissioned as an FSO.
    (4) If the FSO Commissioning Board does not recommend commissioning 
of the FSO Candidate during its review, it may recommend extension of 
the FSO Candidacy to allow for a future review. Under no circumstances 
will an FSO Candidacy be extended to a total of more than five years.
    (5) Candidates not recommended for commissioning or who have not 
satisfied the language proficiency requirement will be separated from 
the Service at the expiration of their appointment. However, FSO 
Candidates who were appointed from within the Agency with career status 
as a Domestic or Overseas Specialist may exercise reappointment rights 
to their previous category in lieu of separation.



Sec. 501.6  Appointment of Overseas Specialists.

    (a) General. Members of the Agency's Foreign Service appointed as 
Overseas Specialists serve on rotational U.S.-overseas assignments in 
the following types of positions: General Administration; Publication 
Writers and Editors; Exhibit Managers; Printing Specialists; English 
Teaching Specialists; Correspondents; Engineers for the Voice of 
America; Regional Librarian Consultants; and Secretaries. Appointees 
serve a trial period of service as Specialist Candidates under Foreign 
Service limited appointments (or redesignation) for a period not to 
exceed five years. Appointments are made to F.S. classes 8 through 1. 
Specialist Candidates are given career appointments as Overseas 
Specialists based on the recommendations of Specialist Selection Boards. 
Specialist candidates not recommended

[[Page 111]]

for tenuring will be separated from the Foreign Service, or reinstated 
in the Civil Service.
    (b) Sources of applicants. Qualified USIA domestic employees 
comprise a significant recruitment source for Overseas Specialist 
appointments. Such employees will be given priority consideration over 
outside applicants when applying for Overseas Specialist positions, when 
qualifications are otherwise equal.
    (c) Eligibility requirements. All applicant must be citizens of the 
United States, and must be at least 21 years of age and no more than 58 
years of age at the time of appointment. The 21-year age requirement may 
be waived by the Director, Office of Personnel (M/P or VOA/P) when she 
or he determines that the applicant's services are urgently needed. USIA 
employee applicants must also have at least three years of Federal 
government experience and occupy a position at the GS-11 level (or 
equivalent) or above (GS-10 for Electronic Technicians in the Voice of 
America). All applicants must be available for worldwide assignment to 
positions in their occupational category.
    (d) Application procedures. (1) Applications for all specialties 
except secretarial should include a current SF-171, Application for 
Federal Employment; a DSP-34, Supplement to Application for Federal 
Employment; university transcripts; a 1,000 word autobiographical 
statement which should include mention of the qualifications the 
applicant would bring to the job and reason for desiring to work for the 
Agency; and a statement affirming willingness and capacity to serve at 
any post worldwide.
    (2) Special requirements for Foreign Service Secretaries. 
Secretarial applicants must submit a current SF-171, Application for 
Federal Employment, and a 250 word essay on a commonly understood 
subject to demonstrate grammatical competence. The following specific 
requirements must be met by applicants: Ability to type accurately at 60 
words per minute; four years of secretarial or administrative experience 
(business school or college training may be substituted for up to two 
years of required work experience); and attainment of an acceptable 
score in verbal ability and spelling tests. Applicants will subsequently 
be given a written examination to measure administrative aptitude.
    (e) Examination process--(1) Application review. All applications 
are to be sent to the Special Recruitment Staff, Office of Personnel (M/
PDSE), or to the Foreign Personnel Advisor (VOA/PF) for Voice of America 
positions.
    (2) Qualifications Evaluation Panel. A Qualifications Evaluation 
Panel will evaluate the applicant's qualifications including his/her 
performance and administrative files (or equivalent), claimed language 
proficiency and other background or factors which may be related to the 
work performed by an Overseas Specialist Officer in the relevant 
specialty.
    (3) Oral examination. (i) Applicants who are passed on by the 
Qualifications Evaluation Panel to the Board of Examiners will be given 
an oral examination to evaluate the applicant's total qualifications for 
service as an Overseas Specialist in the desired functional specialty.
    (ii) The Board panel examining all candidates except those of the 
Voice of America will consist of one USIA Overseas Specialist and two 
BEX Deputy Examiners. For VOA candidates, the panel will consist of the 
Foreign Personnel Advisor, a BEX Deputy Examiner assigned to the Voice 
of America, and a Deputy Examiner assigned to the Board of Examiners.
    (iii) The panel will examine each applicant through questioning and 
discussion. Hypothetical problem-solving exercises, a writing exercise 
and an in-basket test may also be required. The panel will also 
recommend the F.S. entry level for appointment. If the panel's 
recommendation is unfavorable, the application process will be 
discontinued. An unsuccessful applicant may apply again in 12 months.
    (4) The same medical and security requirements applicable to FSO 
Candidates pertain to Specialist Candidates.
    (5) Overseas Specialist Candidate register. If an applicant is 
successful in the examination, and medical and security clearances have 
been successfuly completed, his/her name will be added to the 
appropriate Overseas Specialist

[[Page 112]]

register for a period of 18 months, or completion of an inside 
candidate's current tour of duty overseas, whichever is longer, at the 
Foreign Service class determined in the examination process and based on 
previous experience. Inclusion on the register does not guarantee 
eventual assignment and appointment as an Overseas Specialist Candidate.
    (f) Appointment as a Specialist Candidate. (1) When the Office of 
Personnel identifies an overseas vacancy which cannot be filled from the 
existing ranks of Overseas Specialists, applicants on the Overseas 
Specialist register will be considered for the assignment. An applicant 
will not be appointed unless an overseas position has been identified 
and a need for the individual in the Foreign Service has been certified 
by the Director, Office of Personnel (M/P or VOA/P). Any applicant 
selected from the register who refuses an assignment offer will be 
dropped from the register and precluded from reapplying for a period of 
seven years.
    (2) Applicants will be given a Foreign Service limited appointment 
(or redesignation) for a period of four years at the Foreign Service 
Class determined in the examination process. The purpose of this 
untenured appointment is to allow the Agency to evaluate and assess the 
Specialist Candidate's abilities and future potential prior to offering 
career appointment as an Overseas Specialist. The limited appointment 
may be extended for one additional year, but must be terminated at the 
end of the fifth year if the Candidate does not obtain career tenure.
    (3) The Candidate will receive the orientation and training 
necessary to serve overseas and will be assigned overseas in a position 
in his or her specialty. USIA Civil Service employees selected as 
Overseas Specialist Candidates will be appointed only if the Agency 
element to which they are currently assigned is willing to affirm in 
writing that a position at the appropriate level will be made available 
for the employee should the candidacy end unsuccessfully. USIA Civil 
Service applicants will be appointed as Overseas Specialist Candidates 
on or about the date of their departure for post of assignment or upon 
assumption of an assignment (which has been identified and will follow a 
period of orientation in Washington). The Agency may also assign a 
Candidate to a U.S.-based position for an initial assignment of up to 24 
months when the Candidate will spend the majority of his/her time 
traveling overseas and will, except for the U.S. basing, be fully 
functioning as an Overseas Specialist. Specialist Candidates will 
compete for promotion by the Annual Overseas Specialist Selection Board 
with other officers in the same specialty and at the same class level. 
Specialist Candidates at the Class 1 level are ineligible for promotion 
into the Senior Foreign Service.
    (4) The Specialist candidacy may be terminated a any time for 
unsatisfactory performance (22 U.S.C. 4011) or for such cause as will 
promote the efficiency of the Service (22 U.S.C. 4010).
    (g) Career appointment as an Overseas Specialist. In accordance with 
section 3946 of title 22 United States Code, the decision to offer a 
Specialist Candidate a career appointment will be based on the 
recommendation made by the Annual Overseas Specialist Selection Board 
which reviews all employees in the Candidate's occupational category and 
class level.
    (1) Eligibility. Specialist Candidates who have performed at least 
two years of overseas service will be eligible for review for career 
status at the time of the Candidate's third Board review. Candidates 
serving an initial tour in the U.S. but spending the majority of time 
working overseas will be credited with up to one year's overseas 
service, but no more than half of the time based in the U.S. If a 
Specialist Candidate is not recommended for career status during the 
initial review, the Candidate may be reviewed again when the next Annual 
Overseas Specialist Selection Board convenes if the initial Board so 
recommends.
    (2) Selection Board Review. The Selection Board(s) will review the 
official performance file of the eligible Specialist Candidates and in 
accordance with established precepts, will determine whether the 
Candidates should be recommended for career appointment as Overseas 
Specialists. Recommendations by the Board will be based on the

[[Page 113]]

Candidate's demonstrated aptitude and fitness for a career in the 
Foreign Service in their occupational specialties. No quota or numerical 
limit is placed on the number of positive career status decisions that 
can be made by Selection Boards. The Specialist candidacy will be 
terminated if the Candidate fails to be recommended for career status 
after a second Board review for tenuring. Candidates may be terminated 
earlier than the expiration of their limited appointment if so 
recommended by the Board and approved by the Director, Office of 
Personnel (M/P or VOA/P). Specialist Candidates recommended for career 
status by the Selection Board will be given Foreign Service career 
appointments (or redesignation) as Overseas Specialist, to take effect 
within one month of the Board's recommendation.



Sec. 501.7  Appointment as Chief of Mission.

    (a) Appointment by President. Chiefs of mission are appointed by the 
President, by and with the advice and consent of the Senate. They may be 
career members of the Foreign Service or they may be appointed from 
outside the Service.
    (b) Recommendation of Foreign Service career members. On the basis 
of recommendations made by the Director of USIA, the Secretary of State 
from time to time furnishes the President with the names of Foreign 
Service career members qualified for appointment as chiefs of mission. 
The names of these officers, together with pertinent information 
concerning them, are given to the President to assist him in selecting 
qualified candidates for appointment as chiefs of mission.
    (c) Status of Foreign Service career members appointed as Chiefs of 
Mission. Foreign Service career members who are appointed as chiefs of 
mission retain their career status as Foreign Service career members.



Sec. 501.8  Reappointment of Foreign Service Officers and Career Overseas Specialists.

    The President may, by and with the advice and consent of the Senate, 
reappoint to the Service a former Foreign Service Officer who is 
separated from the Service. The Director (USIA) may reappoint to the 
Service a former career Overseas Specialist.
    (a) Requirements for reappointment. (1) On the date of application, 
each applicant must be a citizen of the United States.
    (2) No applicant will be considered who has previously been 
separated from the Foreign Service pursuant to section 608 or 610 of the 
Foreign Service Act of 1980 (or predecessor section 633, 635, or 637 of 
the Foreign Service Act of 1946, as amended); or who resigned or retired 
in lieu of selection out or separation for cause.

    Note: This requirement will not apply where it has been determined 
by the Foreign Service Grievance Board under 3 FAM 660 or by the 
Director, Office of Personnel, that the separation or the resignation or 
retirement in lieu of selection out or separation for cause was 
wrongful; where reappointment is determined by the Director, Office of 
Personnel, as an appropriate means to settle a grievance or complaint of 
a former Foreign Service career member on a mutually satisfactory basis; 
or where reappointment is the indicated redress in a proceeding under 3 
FAM 130 ``Equal Employment Opportunity.''

    (b) Application. Apply by letter addressed to the Director, Office 
of Personnel. Include the standard application forms, SF-171, 
Application for Federal Employment; and DSP-34, Supplement to 
Application for Federal Employment; and a brief resume of work and other 
experience since resignation from the Foreign Service. Whenever the 
Director, Office of Personnel, finds that the reappointment of one or 
more former Foreign Service Career Members may be in the best interest 
of the Service, all application forms, along with the available 
personnel files, will be referred as appropriate to the Board of 
Examiners for the Foreign Service which will conduct an advisory 
evaluation of the qualifications of each applicant.
    (c) Nature of evaluation. (1) The Board of Examiners' advisory 
qualifications evaluation of FSO applicants (i) will be based on a 
review of all pertinent information relating to the applicant's record 
of employment in the Foreign Service and to subsequent experience, as 
well, and (ii) will take into consideration among other factors, the 
rank of the applicant's contemporaries in the

[[Page 114]]

Service in recommending the class in which the applicant will be 
reappointed under section 308 of the Foreign Service Act of 1980.
    (2) In consultation with the Foreign Service Personnel Division (M/
PF or VOA/PF) and officials from the pertinent Agency elements, the 
Overseas Specialist applicant's total qualifications and experience will 
be evaluated based on the application and an interview. On the basis of 
this review and the recommendations of the appropriate officials, the 
personnel office will determine whether the application should be 
continued and, if so, will recommend the appointment class.
    (d) Medical examination and security investigation. Qualified 
applicants and their dependents who will accompany them overseas will be 
given a physical examination. A security investigation will also be 
conducted. The reappointment action is subject to completion of a 
satisfactory security investigation and satisfactory medical examination 
of the applicant and his/her dependents.
    (e) Selection for reappointment. The Director, Office or Personnel 
(M/P or VOA/P), taking into consideration (1) the qualifications and 
experience of each applicant as outlined in the qualifications 
evaluation performed by the Board of Examiners for the Foreign Service 
or the personnel office, (2) future placement and growth potential, and 
(3) the needs of the Service for the applicant's skills determines which 
applicant, or applicants, are qualified for reappointment and the 
appointment class that is considered to be appropriate. An Overseas 
Specialist may not be reappointed until and unless an overseas 
assignment has been identified. The Director, Office of Personnel (M/P 
or VOA/P) is responsible for initiating appointment action. Any 
voluntary applicant who refuses an offer of reappointment will not be 
considered for reappointment again.



Sec. 501.9  Interchange of FSOs between USIA and other Foreign Affairs Agencies.

    Foreign Service Officers (FSOs) desiring transfer from one agency to 
another may apply under the following provisions:
    (a) Applications. Applications for interchange appointments should 
be sent to the Board of Examiners for the Foreign Service, Department of 
State, Washington, DC 20520.
    (b) Certification and approval. (1) When a Foreign Service Officer 
of another Foreign Affairs Agency wishes to transfer to the U.S. 
Information Agency, a certification of need is required from the 
Director, Office of Personnel, USIA, and approval is required by the 
Director of Personnel for the other Agency for the officer's release to 
USIA.
    (2) When a USIA FSO wishes to transfer to another Foreign Affairs 
Agency, a certification of need is required from the Director of 
Personnel of the other Agency, and approval is required by the Director, 
Office of Personnel, USIA, for the officer's release to that Agency.
    (3) A review by the Board of Examiners for the Foreign Service will 
certify the eligibility of candidates for exchange. BEX will notify the 
Office of Personnel, USIA when a Foreign Service Officer of another 
Agency has been approved for transfer and USIA will process the 
necessary employment papers.
    (4) A new FSO appointment for officers transferring between another 
Foreign Affairs Agency and USIA is not required.



PART 502--WORLD-WIDE FREE FLOW OF AUDIO-VISUAL MATERIALS--Table of Contents




Sec.
502.1  Purpose.
502.2  Definitions.  
502.3  Certification and authentication criteria.
502.4  Certification procedures--Exports.
502.5  Authentication procedures--Imports.
502.6  Consultation with subject matter specialists.
502.7  Review and appeals procedures.
502.8  Coordination with U.S. Customs Service.
502.9  General information.

    Authority: 5 U.S.C. 301; 19 U.S.C. 2051, 2052; 22 U.S.C. 1431 et 
seq.; Public Law 101-138; E.O. 11311, 31 FR 13413, 3 CFR 1966-1900 
comp., page 593.

    Source: 59 FR 18965, Apr. 21, 1994, unless otherwise noted.

[[Page 115]]



Sec. 502.1  Purpose.

    The United States Information Agency administers the ``Beirut 
Agreement of 1948'', a multinational treaty formally known as the 
Agreement for Facilitating the International Circulation of Visual and 
Auditory Material of an Educational, Scientific and Cultural Character. 
This Agreement facilitates the free flow of educational, scientific and 
cultural audio-visual materials between nations by providing favorable 
import treatment through the elimination or reduction of import duties, 
licenses, taxes, or restrictions. The United States and other 
participating governments facilitate this favorable import treatment 
through the issuance or authentication of a certificate that the audio-
visual material for which favorable treatment is sought conforms with 
criteria set forth in the Agreement.



Sec. 502.2  Definitions.

    Agency--means the United States Information Agency.
    Applicant--means: (1) The United States holder of the ``basic 
rights'' in the material submitted for export certification; or (2) the 
holder of a foreign certificate seeking import authentication.
    Application form--means the Application for Certificate of 
International Educational Character (Form IAP-17) which is required for 
requesting Agency certification of United States produced audio-visual 
materials under the provisions of the Beirut Agreement.
    Attestation Officer--means the Chief Attestation Officer of the 
United States and any member of his or her staff with authority to issue 
Certificates or Importation Documents.
    Audio-visual materials--means: (1) Films, filmstrips and microfilm 
in exposed and developed negative form, or in positive form, viz., 
masters or prints, teletranscriptions, kinescopes, videotape; (2) 
electronic sound recordings and sound/picture recordings of all types 
and forms or pressings and transfers thereform; (3) slides and 
transparencies; moving and static models, wallcharts, globes, maps and 
posters.
    Authentication--means the process through which an applicant obtains 
a United States Importation Document for Audio-visual Materials (Form 
IA-862).
    Basic rights--means the world-wide non-restrictive ownership rights 
in audio-visual materials from which the assignment of subsidiary rights 
(such as language versions, television, limited distribution, 
reproduction, etc.) are derived.
    Beirut Agreement--means the ``Agreement for Facilitating the 
International Circulation of Visual and Auditory Materials of an 
Educational, Scientific, or Cultural Character.''
    Certificate--means a document attesting that the named material 
complies with the standards set forth in Article I of the Beirut 
Agreement issued by: (1) The appropriate government agency of the State 
wherein the material to which the certificate relates originated, or (2) 
by the United Nations Educational, Scientific or Cultural Organization.
    Certification--means the process of obtaining a certificate 
attesting that audio-visual materials of United States origin being 
exported from the United States comply with the standards set forth in 
Article I of the Beirut Agreement, as interpreted pursuant to Section 
207 of Public Law 101-138.
    Collateral instructional material--means a teacher's manual, study 
guide, or similar instructional material prepared or reviewed by a bona 
fide subject matter specialist. Such material must delineate the 
informational or instructional objectives of the audio-visual material 
and illustrate or explain how to utilize such material to attain the 
stated objectives.
    Committee on attestation--means the committee which advises the 
Attestation Officer on matters of policy and the evaluation of specific 
materials.
    Director--means the Director of the United States Information 
Agency.
    Exports--means educational, scientific, and cultural audio-visual 
material of United States origin, being sent from the United States.
    Importation document--means the United States Importation Document 
for Audio-visual Materials (Form IA-862) issued by the Chief Attestation 
Officer of the United States which attests that materials of foreign 
origin entering the United States comply with the

[[Page 116]]

standards set forth in Article I of the Beirut Agreement (as interpreted 
pursuant to section 207 of Public Law 101-138) and is therefore entitled 
to duty-free entry into the United States pursuant to the provisions of 
United States Customs Bureau Harmonized Tariff System Item No. 
9817.00.4000.
    Imports--means educational, scientific, and cultural audio-visual 
material of foreign origin being brought into the United States.
    Instruct or inform--means to teach, train or impart knowledge 
through the development of a subject or aspect of a subject to aid the 
viewer or listener in a learning process. The instructional or 
informational character of audio-visual material may be evidenced by the 
presence of collateral instructional material.
    Knowledge--means a body of facts and principles acquired by 
instruction, study, research, or experience.
    Review Board--means the panel appointed by the Director to review 
appeals filed by applicants from decisions rendered by an Attestation 
Officer.
    Serial certification--means certification by the Agency of materials 
produced in series form and which, for time-sensitive reasons, cannot be 
reviewed prior to production; but samples are provided on application, 
and the materials are subject to post-certification review.
    Subject matter specialist--means an individual who has acquired 
special skill in or knowledge of a particular subject through 
professional training or practical experience.

[59 FR 18965, Apr. 21, 1994, as amended at 60 FR 29989, June 7, 1995]



Sec. 502.3  Certification and authentication criteria.

    (a) The Agency shall certify or authenticate audio-visual materials 
submitted for review as educational, scientific and cultural in 
character and in compliance with the standards set forth in Article I of 
the Beirut Agreement when: (1) Their primary purpose or effect is to 
instruct or inform through the development of a subject or aspect of a 
subject, or when their content is such as to maintain, increase or 
diffuse knowledge, and augment international understanding and goodwill; 
and
    (2) The materials are representative, authentic, and accurate; and
    (3) The technical quality is such that it does not interfere with 
the use made of the material.
    (b) The Agency will not certify or authenticate any audio-visual 
material submitted for review which:
    (1) Does not primarily instruct or inform through the development of 
a subject or aspect of a subject and its content is not such as to 
maintain, increase or diffuse knowledge.
    (2) Contains widespread and gross misstatements of fact.
    (3) Is not technically sound.
    (4) Has as its primary purpose or effect to amuse or entertain.
    (5) Has as its primary purpose or effect to inform concerning timely 
current events (newsreels, newscasts, or other forms of ``spot'' news).
    (6) Stimulates the use of a special process or product, advertises a 
particular organization or individual, raises funds, or makes 
unsubstantiated claims of exclusivity.
    (c) In its administration of this section, the Agency shall not fail 
to qualify audio-visual material because:
    (1) It advocates a particular position or viewpoint, whether or not 
it presents or acknowledges opposing viewpoints;
    (2) It might lend itself to misinterpretation, or to 
misrepresentation of the United States or other countries, or their 
people or institutions;
    (3) It is not representative, authentic, or accurate or does not 
represent the current state of factual knowledge of a subject or aspect 
of a subject unless the material contains widespread and gross 
misstatements of fact;
    (4) It does not augment international understanding and goodwill, 
unless its primary purpose or effect is not to instruct or inform 
through the development of a subject or an aspect of a subject and its 
content is not such as to maintain, increase, or diffuse knowledge; or
    (5) In the opinion of the agency the material is propaganda.
    (d) The Agency may certify or authenticate materials which have not

[[Page 117]]

been produced at the time of application upon an affirmative 
determination that:
    (1) The materials will be issued serially,
    (2) Representative samples of the serial material have been provided 
at the time of application,
    (3) Future titles and release dates have been provided to the Agency 
at the time of application,
    (4) The applicant has affirmed that:
    (i) Future released materials in the series will conform to the 
substantive criteria for certification delineated at paragraphs (a) 
through (c) of this section;
    (ii) Such materials will be similar to the representative samples 
provided to the Agency on application; and
    (iii) The applicant will provide the Agency with copies of the items 
themselves or descriptive materials for post-certification review.
    (e) If the Agency determines through a post-certification review 
that the materials do not comply with the substantive criteria for 
certification delineated at paragraphs (a) through (c) of this section, 
the applicant will no longer be eligible for serial certifications. 
Ineligibility for serial certifications will not affect an applicant's 
eligibility for certification of materials reviewed prior to production.

[59 FR 18965, Apr. 21, 1994, as amended at 60 FR 29989, June 7, 1995]



Sec. 502.4  Certification procedures--Exports.

    (a) Applicants seeking certification of U.S. produced audio-visual 
materials shall submit to the Agency a completed Application Form for 
each subject or series for which certification is sought. Collateral 
instructional material, if any, and a copy or example of the material 
must accompany the Application Form.
    (b) Upon an affirmative determination by the Agency that the 
submitted materials satisfy the Certification and Authentication 
Criteria set forth in Sec. 502.3 of this part, a Certificate shall be 
issued. A copy of such Certificate must accompany each export shipment 
of the certified material.



Sec. 502.5  Authentication procedures--Imports.

    (a) Applicants seeking Agency authentication of foreign produced 
audio-visual materials shall submit to the Agency a bona fide foreign 
certificate, a copy or example of the material for which authentication 
is sought, and related collateral instructional material, if any.
    (b) Upon an affirmative determination by the Agency that the 
submitted materials satisfy the Certification and Authentication 
Criteria set forth in Sec. 502.3 of this part, an Importation Document 
shall be issued. A copy of such Importation Document must be presented 
to United States Customs at the port of entry.



Sec. 502.6  Consultation with subject matter specialists.

    (a) The Agency may, in its discretion, solicit the opinion of 
subject matter specialists for the purpose of assisting the Agency in 
its determination of whether materials for which export certification or 
import authentication is sought contain widespread and gross 
misstatements of fact.
    (b) As necessary, the Agency may determine eligibility of material 
for certification or authentication based in part on the opinions 
obtained from subject matter specialists and the Committee on 
Attestation.



Sec. 502.7  Review and appeal procedures.

    (a) An applicant may request a formal review of any adverse ruling 
rendered by the Attestation Officer. Such request for review must be 
made in writing and received no more than 30 days from the date of the 
Attestation Officer's decision.
    (b) The request for review must set forth all arguments which the 
applicant wishes to advance in support of his or her position and any 
data upon which such argument is based. A copy of the material for which 
certification or authentication has been denied must accompany the 
request for review. The request for review should be addressed as 
follows: Attestation Program Review Board (GC/A), U.S. Information 
Agency, 301 4th Street, SW., Washington, DC 20547.

[[Page 118]]

    (c) The Review Board shall render the applicant a written decision, 
reversing or affirming the ruling of the Attestation Officer, within 30 
days from receipt of the request for review. Such decision shall 
constitute final administrative action.



Sec. 502.8  Coordination with United States Customs Service.

    (a) Nothing in this part shall preclude examination of imported 
materials pursuant to the Customs laws and regulations of the United 
States as codified at 19 U.S.C. 1305 and 19 CFR 10.121, or the 
application of the laws and regulations governing the importation or 
prohibition against importation of certain materials including seditious 
or salacious materials as set forth at 19 U.S.C. 1305.
    (b) Agency authentications of a foreign certificate for entry under 
HTS Item No. 9817.00.4000 will be reflected by the issuance of an 
Importation Document. A copy of each Importation Document issued by the 
Agency will be simultaneously furnished the United States Customs 
Service.
    (c) Customs User Fee: Articles delivered by mail, which are eligible 
for duty-free entry under the regulations in this part are, 
additionally, not subjected to the standard Customs User Fee normally 
imposed by the United States Customs Service, provided there has been a 
timely filing with the appropriate United States Customs Service office 
of the documentation required by the regulations in this part.



Sec. 502.9  General information.

    General information and application forms may be obtained by writing 
to the Attestation Office as follows: Chief Attestation Officer of the 
United States (GC/A), United States Information Agency, 301 4th Street, 
SW., Washington, DC 20547; or calling (202) 475-0221.



PART 503--AVAILABILITY OF RECORDS--Table of Contents




Sec.
503.1  Introduction and definitions.
503.2  Making a request.
503.3  Availability of Agency records.
503.4  Time limits.
503.5  Records available for public inspection.
503.6  Restriction on some agency records.
503.7  Fees.
503.8  Exemptions.

    Authority: 5 U.S.C. 552 Reform Act of 1986 as amended by Pub. L. 99-
570; Sec. 1801-1804; 22 U.S.C. 2658; 5 U.S.C. 301; 13 U.S.C. 8; E.O. 
10477, as amended; 47 FR 9320, Apr. 2, 1982, E.O. 12356. 5 U.S.C. Sec. 
552 (1988 & Supp. III 1991) as amended by Freedom of Information Reform 
Act of 1986, Pub. L. No. 99-570, title I, Sections 1801-1804, 100 Stat. 
3207, 3207-48-50 (1986) (codified at 5 U.S.C. Sec. 552 (1988)); 22 
U.S.C. Sec. 2658 (1988); 5 U.S.C. Sec. 301 (1988); 13 U.S.C. Sec. 8 
(1988); Executive Order No. 10477, 3 CFR 958 (1949-1953) as amended by 
Executive Order No. 10822, 3 CFR 355 (1959-1963), Executive Order No. 
12292, 3 CFR 134 (1982), reprinted in 22 U.S.C. Sec. 1472 (1988); 
Executive Order No. 12356, 3 CFR 166 (1983), reprinted in 50 U.S.C. Sec. 
401 (1988).

    Editorial Note: Nomenclature changes affecting part 503 appear at 51 
FR 11015, Apr. 1, 1986.



Sec. 503.1  Introduction and definitions.

    (a) Introduction. The FOIA and this part apply to all records of the 
United States Information Agency, including all of its foreign posts. As 
a general policy, USIA follows a balanced approach in administering the 
FOIA. We recognize the right of public access to information in the 
possession of the Agency, but we also protect the integrity of the 
Agency's internal processes. This policy calls for the fullest possible 
disclosure of records consistent with those requirements of 
administrative necessity and confidentiality which are recognized by the 
Freedom of Information Act.
    (b) Definitions--Access Appeal Committee or Committee, means the 
Committee delegated by the Agency Director for making final Agency 
determinations regarding appeals from the initial denial of records 
under the FOIA. This Committee also reviews final appeal denials of 
documents made by the National Endowment for Democracy (NED) for its 
records.
    Agency or USIA means the United States Information Agency. It 
includes all components of USIA in the U.S. and all foreign posts abroad 
(known as the U.S. Information Service or USIS). (See 22 CFR part 504, 
chapter V--Organization.)

[[Page 119]]

    Commercial use, when referring to a request, means that the request 
is from or on behalf of one who seeks information for a use or purpose 
that furthers the commercial, trade, or profit interests of the 
requester or of a person on whose behalf the request is made. Whether a 
request is for a commercial use depends on the purpose of the request 
and the use to which the records will be put. The identity of the 
requester (individual, non-profit corporation, for-profit corporation), 
or the nature of the records, while in some cases indicative of that 
purpose or use, is not necessarily determinative. When a request is from 
a representative of the news media, the request shall be deemed not to 
be for commercial use.
    Department means any executive department, military department, 
government corporation, government controlled corporation, any 
independent regulatory agency, or other establishment in the executive 
branch of the Federal Government. A private organization is not a 
department even if it is performing work under contract with the 
Government or is receiving Federal financial assistance. Grantee and 
contractor records are not subject to the FOIA unless they are in the 
possession and control of USIA.
    Duplication means the process making a copy of a record and sending 
it to the requester, to the extent necessary to respond to the request. 
Such copies include paper copy, microform, audiovisual materials, and 
magnetic tapes, cards and discs.
    Educational institution means a preschool, elementary or secondary 
school, institution of undergraduate or graduate higher education, or 
institution of professional or vocational education.
    FOIA means section 552 of title 5, United States Code, as amended.
    Freedom of Information Officer means the USIA official who has been 
delegated the authority to release or withhold records and assess, 
waive, or reduce fees in response to FOIA requests.
    Non-commercial scientific institution means an institution that is 
not operated substantially for purposes of furthering its own or someone 
else's business, trade, or profit interests, and that is operated for 
purposes of conducting scientific research whose results are not 
intended to promote any particular product or industry.
    Post or USIS means all overseas offices of the USIA.
    Records means any handwritten, typed or printed documents (such as 
memoranda, books, brochures, studies, writings, drafts, letters, 
transcripts, and minutes) and documentary material in other forms (such 
as punchcards; magnetic tapes, cards, or discs; paper tapes; audio or 
video recordings; maps; photographs; slides, microfilm; and motion 
pictures). It does not include objects or articles such as exhibits, 
models, equipment, and duplication machines or audiovisual processing 
materials. Nor does it include books, magazines, pamphlets, or other 
reference material in formally organized and officially designated USIA 
libraries, where such materials are available under the rules of the 
particular library.
    Representative of the news media means a person actively gathering 
news for an entity organized and operated to publish or broadcast news 
to the public.``News'' means information that is about current events or 
that would be of current interest to the public. News media entities 
include television and radio broadcasters, publishers of periodicals (to 
the extent they publish ``news'') who make their products available for 
purchase or subscription by the general public, and entities that may 
disseminate news through other media (e.g., electronic dissemination of 
text). Freelance journalists shall be considered representatives of a 
news media entity if they can show a solid basis for expecting 
publication through such an entity. A publication contract or a 
requester's past publication record may show such a basis.
    Request means asking in writing for records whether or not the 
request refers specifically to the Freedom of Information Act.
    Review means examining the records to determine which portions, if 
any, may be released, and any other processing that is necessary to 
prepare the records for release. It includes only the first examination 
and processing of the requested documents for purposes of

[[Page 120]]

determining whether a specific exemption applies to a particular record 
or portion of a record.
    Search means looking for records or portions of records responsive 
to a request. It includes reading and interpreting a request, and also 
page-by-page and line-by-line examination to identify responsive 
portions of a document. However, it does not include line-by-line 
examination where merely duplicating the entire page would be a less 
expensive and a quicker way to comply with the request.

[59 FR 5706, Feb. 8, 1994]



Sec. 503.2  Making a request.

    (a) How to request records. All requests for documents shall be made 
in writing. Requests should be addressed to the United States 
Information Agency, Freedom of Information Officer, GC/FOI, room M-301 
4th Street SW., Washington, DC 20547. Write the words ``Freedom of 
Information Act Request'' on the envelope and letter.
    (b) Details in your letter. Your request for documents should 
provide as many details as possible that will help us find the records 
you are requesting. If there is insufficient information, we will ask 
you for more. Include your telephone number(s) to help us reach you if 
we have questions. If you are not sure how to write your request or what 
details to include, you may call the FOIA Office. The more specific the 
request for documents, the faster the Agency will be able to respond to 
your requests.
    (c) Requests not handled under FOIA. We will not provide documents 
requested under the FOIA and this part if the records are currently 
available in the National Archives, subject to release through the 
Archives, or commonly sold to the public by it or another agency 
pursuant to statutory authority (for example, records currently 
available from the Government Printing Office or the National Technical 
Information Service). Agency records that are normally freely available 
to the general public, such as USIA World, are not covered by the FOIA. 
Also requests from Federal departments and court orders for documents 
are not FOIA requests, nor are requests from Chairmen of Congressional 
committees or subcommittees.
    (d) Referral of requests outside the agency. If you request records 
that were created by or provided to us by another Federal department, we 
may refer your request to or consult with that department. We may also 
refer requests for classified records to the department that classified 
them. In cases of referral, the other department is responsible for 
processing and responding to your request under that department's 
regulation. When possible, we will notify you when we refer your request 
to another department.
    (e) Responding to your request--(1) Retrieving records. The Agency 
is required to furnish copies of records only when they are in our 
possession and control. If we have stored the records you want in a 
records retention center, we will retrieve and review them for possible 
disclosure. However, the Federal Government destroys many old records, 
so sometimes it is impossible to fill requests. The Agency's record 
retention policies are set forth in the General Records Schedules of the 
National Archives and Records Administration and in USIA's Records 
Disposition Schedule, which establish time periods for keeping records 
before they may be destroyed.
    (2) Furnishing records. The Agency is only required to furnish 
copies of records which we have or can retrieve; we are not compelled to 
create new records. For example, if the requested information is 
maintained in computerized form and we can, with minimal computer 
instructions, produce the information on paper, we will do so--if this 
is the only way to respond to a request. We are not, however, required 
to write a new computer program in order to print documentary material 
in a format you might prefer.

On the other hand, we may decide to conserve government resources and at 
the same time supply the records you need by consolidating information 
from various records rather than copying them all. The Agency is 
required to furnish only one copy of a record. If we are unable to make 
a legible copy of a record to be released, we will not attempt to 
reconstruct it. Rather we will furnish the best copy possible and note 
its poor quality in our reply or on the copy. If material exists in 
different

[[Page 121]]

forms, we will provide the record in the form that best conserves 
government resources. For example, if it requires less time and expense 
to provide a computer record as a paper printout rather than on tape, we 
will provide the printout.

[59 FR 5707, Feb. 8, 1994]



Sec. 503.3  Availability of agency records.

    (a) Release of records. If we have released a record or part of a 
record to others in the past, we will ordinarily release it to you also. 
This principle does not apply if the previous release was an 
unauthorized disclosure. However, we will not release it to you if a 
statute forbids this disclosure and we will not necessarily release it 
to you if an exemption applies in your situation and did not apply or 
applied differently in the previous situations.
    (b) Denial of requests. All denials are in writing and describe in 
general terms the material withheld and state the reasons for the 
denial, including a reference to the specific exemption of the FOIA 
authorizing the withholding or deletion. The denial also explains your 
right to appeal the decision and it will identify the official to whom 
you should send the appeal. Denial letters are signed by the person who 
made the decision to deny all or part of the request, unless otherwise 
noted.
    (c) Unproductive searches. We make a diligent search for records to 
satisfy your request. Nevertheless, we may not be able always to find 
the records you want using the information you provided, or they may not 
exist. If we advise you that we have been unable to find the records 
despite a diligent search, you will nevertheless be provided the 
opportunity to appeal the adequacy of the Agency's search. However, if 
your request is for records that are obviously not connected with this 
Agency or your request has been provided to us in error, a ``no 
records'' response will not be considered an adverse action and you will 
not be provided an opportunity to appeal.
    (d) Appeal of denials. You have the right to appeal a partial of 
full denial of your FOIA request. To do so, you must put your appeal in 
writing and address it to the official identified in the denial letter. 
Your appeal letter must be dated and postmarked within 30 calendar days 
from the date of the Agency's denial letter. Because we have some 
discretionary authority in deciding whether to release or withhold 
records, you may strengthen your appeal by explaining your reasons for 
wanting the records. However, you are not required to give any 
explanation. Your appeal will be reviewed by the Agency's Access Appeal 
Committee which consists of senior Agency officials. When the Committee 
responds to your appeal, that constitutes the Agency's final action on 
the request. If the Access Appeal Committee grants your appeal in part 
or in full, we will send the records to you promptly or set up an 
appointment for you to inspect them. If the decision is to deny your 
appeal in part or in full, the final letter will state the reasons for 
the decision, name the officials responsible for the decision, and 
inform you of the FOIA provisions for judicial review.

[59 FR 5707, Feb. 8, 1994]



Sec. 503.4  Time limits.

    (a) General. The FOIA sets certain time limits for us to decide 
whether to disclose the records you requested, and to decide appeals. If 
we fail to meet the deadlines, you may proceed as if we had denied your 
request or your appeal. Since requests may be misaddressed or misrouted, 
you should call or write to confirm that we have the request and to 
learn its status if you have not heard from us in a reasonable time.
    (b) Time allowed. (1) We will decide whether to release records 
within 10 working days after your request reaches the appropriate area 
office that maintains the records you are requesting. When we decide to 
release records, we will actually provide the records at that time, or 
as soon as possible after that decision, or let you inspect them as soon 
as possible thereafter.
    (2) We will decide an appeal within 20 working days after the appeal 
reaches the appropriate reviewing official.
    (3) The FOI Officer or appeal official may extend the time limits in 
unusual circumstances for initial requests or appeals, up to 10 working 
days. We will notify you in writing of any extensions. ``Unusual 
circumstances'' include situations where we: Search for

[[Page 122]]

and collect records from field facilities, records centers or locations 
other than the office processing the records; search for, collect, or 
examine a great many records in response to a single request; consult 
with another office or department that has substantial interest in the 
determination of the request; and/or conduct negotiations with 
submitters and requesters of information to determine the nature and 
extent of non-disclosable proprietary materials.

[59 FR 5708, Feb. 8, 1994]



Sec. 503.5  Records available for public inspection.

    (a) To the extent that they exist, we will make the following 
records of general interest available for your inspection and copying:
    (1) Orders and final opinions, including concurring and dissenting 
opinions in adjudications. (See Sec. 503.8(e) of this part for 
availability of internal memoranda, including attorney opinions and 
advice.)
    (2) Statements of policy and interpretations that we have adopted 
but have not published in the Federal Register.
    (3) Administrative staff manuals and instructions to staff that 
affect the public. (We will not make available, however, manuals or 
instructions that reveal investigative or audit procedures as described 
in Sec. 503.8 (b) and (g) of this part.)
    (4) In addition to such records as those described in paragraph (a) 
of this section, we will make available to any person a copy of all 
other Agency records, unless we determine that such records should be 
withheld from disclosure under subsection (b) of the Act and Secs. 503.8 
and 503.9 of this part.
    (b) Before releasing these records, however, we may delete the names 
of people, or information that would identify them, if release would 
invade their personal privacy to a clearly unwarranted degree. (See 
Sec. 503.8(f).)
    (c) This Agency does not publish an FOIA index because it is 
impracticable to do so.

[59 FR 5708, Feb. 8, 1994]



Sec. 503.6  Restriction on some agency records.

    Under the U.S. Information and Educational Exchange Act of 1948 (22 
U.S.C. 1461, as amended), the USIA is prohibited from disseminating 
within the United States information about the U.S., its people, and its 
policies when such materials have been prepared by the Agency for 
audiences abroad. This includes films, radio scripts and tapes, video 
tapes, books, and similar materials produced by the Agency. However, 
this law does provide that upon request, such information shall be made 
available at USIA for examination only by representatives of the press, 
magazines, radio systems and stations, research students or scholars and 
available for examination only to Members of Congress.

[59 FR 5708, Feb. 8, 1994]



Sec. 503.7  Fees.

    (a) Fees to be charged--categories of requests. The paragraphs below 
state, for each category of request, the type of fees that we will 
generally charge. However, for each of these categories, the fees may be 
limited, waived, or reduced for the reasons given in paragraph (e) of 
this section. ``Request'' means asking for records, whether or not you 
refer specifically to the Freedom of Information Act. Requests from 
Federal agencies and court orders for documents are not included within 
this definition. ``Review'' means, when used in connection with 
processing records for a commercial use request, examining the records 
to determine what portions, if any, may be withheld, and any other 
processing that is necessary to prepare the records for release. It 
includes only the examining and processing that are done the first time 
we analyze whether a specific exemption applies to a particular record 
or portion of a record. It does not include the process of researching 
or resolving general legal or policy issues regarding exemptions. 
``Search'' means looking for records or portions of records responsive 
to a request. It includes reading and interpreting a request, and also 
page-by-page and line-by-line examination to identify responsive 
portions of a document.

[[Page 123]]

    (1) Commercial use request. If your request is for a commercial use, 
USIA will charge you the costs of search, review and duplication. 
``Commercial use'' means that the request is from or on behalf of one 
who seeks information for a use or purpose that furthers the commercial, 
trade, or profit interests of the requester or of a person on whose 
behalf the request is made. Whether a request is for a commercial use 
depends on the purpose of the request and the use to which the records 
will be put; the identity of the requester (individual, non-profit 
corporation, for-profit corporation), or the nature of the records, 
while in some cases indicative of that purpose or use, is not 
necessarily determinative. When a request is from a representative of 
the news media, a purpose of use supporting the requester's news 
dissemination function is not a commercial use.
    (2) Educational and scientific institutions and news media. If you 
are an educational institution or a non-commercial scientific 
institution, operated primarily for scholarly or scientific research, or 
a representative of the news media, and your request is not for a 
commercial use, USIA will charge you only for the duplication of 
documents. Also, USIA will not charge you the copying costs for the 
first 100 pages of duplication. ``Educational institution'' means a 
preschool, elementary or secondary school, institution of undergraduate 
or graduate higher education, or institution of professional or 
vocational education. ``Non-commercial scientific institution'' means an 
institution that is not operated substantially for purposes of 
furthering its own or someone else's business, trade, or profit 
interests, and that is operated for purposes of conducting scientific 
research whose results are not intended to promote any particular 
product or industry. ``Representative of the news media'' means a person 
actively gathering news for an entity organized and operated to publish 
or broadcast news to the public. ``News'' means information that is 
about current events or that would be of current interest to the public. 
News media entities include television and radio broadcasters, 
publishers of periodicals (to the extent they publish ``news'') who make 
their products available for purchase or subscription by the general 
public, and entities that may disseminate news through other media 
(e.g., electronic dissemination of text). We will treat freelance 
journalists as representatives of a news media entity if they can show a 
solid basis for expecting publication through such an entity. A 
publication contract is such a basis, and the requester's past 
publication record may show such a basis.
    (3) Other requesters. If your request is not the kind described by 
paragraph (a)(1) of this section or paragraph (a)(2) of this section, 
then USIA will charge you only for the search and the duplication. Also, 
we will not charge you for the first two hours of search time or for the 
copying costs of the first 100 pages of duplication.
    (b) Fees to be charged--general provisions. (1) We may charge search 
fees even if the records we find are exempt from disclosure, or even if 
we do not find any records at all.
    (2) We will not charge you any fee at all if the costs of routine 
collection and processing of the fee are likely to equal or exceed the 
amount of the fee. We have estimated that cost to be $5.00.
    (3) If we determine that you are (acting alone or with others) 
breaking down a single request into a series of requests in order to 
avoid or reduce the fees charged, we may aggregate all these requests 
for purposes of calculating the fees charged.
    (4) We will charge interest on unpaid bills beginning on the 31st 
day following the day the bill was sent. The accrual of interest will be 
stayed upon receipt of the fee, rather than upon its processing by USIA. 
Interest will be at the rate prescribed in section 3717 of title 32 
U.S.C.
    (c) Fee schedule--USIA will charge the following fees: (1) Manual 
searching for or reviewing of records: (i) When performed by employees 
at grade GS-1 through GS-8 or FS-9 through FS-6--an hourly rate of 
$10.00 will be charged;
    (ii) When performed by employees at grade GS-9 through GS-13 or FS-5 
through FS-2--an hourly rate of $20.00 will be charged;
    (iii) When performed by employees at grade GS-14 or above or FS-2 or

[[Page 124]]

above--an hourly rate of $36.00 will be charged.
    (iv) When a search involves employees at more than one of these 
levels, we will charge the appropriate rate for each.
    (2) Computer searching and printing. The actual cost of operating 
the computer plus charges for the time spent by the operator, at the 
rates given in paragraph (c)(1) of this section.
    (3) Photocopying standard size pages--$0.15 per page.
    (4) Photocopying odd-size documents (such as punchcards or 
blueprints) or reproducing other records (such as tapes)--the actual 
cost of operating the machine, plus the actual cost of the materials 
used, plus charges for the time spent by the operator, at the rates 
given in paragraph (c)(1) of this section.
    (5) Certifying that records are true copies--this service is not 
required by the FOIA. If we agree to provide it, we will charge $10.00 
per certification.
    (6) Sending records by express mail, certified mail, or other 
special methods. This service is not required by the FOIA. If we agree 
to provide it, we will charge our actual cost.
    (7) Performing any other special service that you request and to 
which we agree--actual cost of operating any machinery, plus actual cost 
of any materials used, plus charges for the time of our employees, at 
the rates given in paragraph (c)(1) of this section.
    (d) Procedures for assessing and collecting fees--(1) Agreement to 
pay. We generally assume that when you request records you are willing 
to pay the fees we charge for services associated with your request. You 
may specify a limit on the amount you are willing to spend. We will 
notify you if it appears that the fees will exceed the limit and ask 
whether you nevertheless want us to proceed with the search.
    (2) Advance payment. If you have failed to pay previous bills in a 
timely manner, or if our initial review of your request indicates that 
we will charge you fees exceeding $250.00, we will require you to pay 
your past due fees and/or the estimated fees, or a deposit, before we 
start searching for the records you want, or before we send them to you. 
In such cases, the administrative time limits as described in section 
503.6(b) above, will begin only after we come to an agreement with you 
over payment of fees, or decide that fee waiver or reduction is 
appropriate.
    (e) Waiver or reduction of fees. We will waive or reduce the fees we 
would otherwise charge if disclosure of the information meets both of 
the following tests (paragraphs (e)(1) and (e)(2) of this section):
    (1) It is in the public interest because it is likely to contribute 
significantly to public understanding of government operations or 
activities, regardless of any other public interest it may further. In 
making this determination, we may consider:
    (i) Whether the requester is in a position to contribute to public 
understanding;
    (ii) Whether the requester has such knowledge or expertise as may be 
necessary to understand the information; and,
    (iii) Whether the requester's intended use of the information would 
be likely to disseminate the information among the public, and
    (2) It is not primarily in the commercial interest of the requester. 
Commercial interests include interests relating to business, trade, and 
profit. Not only profit-making corporations have commercial interests; 
so do nonprofit corporations, individuals, unions, and other 
associations.
    (3) You must make your request for a waiver or reduction at the same 
time you make your request for records. Only the FOL Officer may make 
the decision whether to waive or reduce the fees. If we do not 
completely grant your request for a waiver or reduction, the denial 
letter will designate the appeal official.

[54 FR 26733, June 26, 1989]



Sec. 503.8  Exemptions.

    Section 552(b) of the Freedom of Information Act contains nine 
exemptions to the mandatory disclosure of records. These exemptions and 
their application by the Agency are described below. In some cases, more 
than one exemption may apply to the same document. This section does not 
itself authorize the giving of any

[[Page 125]]

pledge of confidentiality by any officer or employee of the Agency.
    (a) Exemption one--National defense and foreign policy. We are not 
required to release records that are specifically authorized under 
criteria established by an Executive Order to be kept secret in the 
interest of national defense or foreign policy and are in fact properly 
classified pursuant to such Executive Order. Executive Order No. 12356 
(1982) provides for such classification. When the release of certain 
records may adversely affect U.S. relations with foreign countries, we 
usually consult with officials of those area offices and/or with 
officials of the Department of State. We may also have in our possession 
records classified by another agency. If we do, we may consult with that 
agency or may refer your request to that agency for their direct 
response to you, in which case we will notify you that we have made such 
a referral.
    (b) Exemption two--Internal personnel rules and practices. We are 
not required to release records that are related solely to the internal 
personnel rules and practices of an agency. We may withhold routine 
internal agency procedures such as guard schedules and luncheon periods. 
We may also withhold internal records the release of which would help 
some persons circumvent the law or agency regulations.
    (c) Exemption three--Records exempted by other statutes. We are not 
required to release records if another statute specifically allows us to 
withhold them. Another statute may be used only if it absolutely 
prohibits disclosure or if it sets forth criteria identifying particular 
types of material to be withheld.
    (d) Exemption four--Trade secrets and confidential commercial or 
financial information. We will withhold trade secrets and commercial or 
financial information that is obtained from a person and privileged or 
confidential.
    (1) Trade secrets. A trade secret is a secret, commercially valuable 
plan, formula, process, or device that is used for the making, 
preparing, compounding, or processing of trade commodities and that can 
be said to be the end product of either innovation or substantial 
effort. A direct relationship is necessary between the trade secret and 
the productive process.
    (2) Commercial or financial information, obtained from a person, and 
is privileged or confidential. 
    (i) Information is ``commercial or financial'' if it relates to 
businesses, commerce, trade, employment, profits, or finances (including 
personal finances).
    (ii) Information is obtained from someone outside the Federal 
Government or from someone within the Government who has a commercial or 
financial interest in the information. ``Person'' includes an 
individual, partnership, corporation, association, state or foreign 
government, or other organization. Information is not ``obtained from a 
person'' if it is generated by USIA or another Federal agency.
    (iii) Information is ``privileged'' if it would ordinarily be 
protected from disclosure in civil discovery by a recognized evidentiary 
privilege, such as the attorney-client privilege, or the work product 
privilege. Information may be privileged for this purpose under a 
privilege belonging to a person outside the Government, unless the 
providing of the information to the Government rendered the information 
no longer protectible in civil discovery.
    (iv) Information is ``confidential'' if it meets one of the 
following tests:
    (A) Disclosure may impair the Government's ability to obtain 
necessary information in the future;
    (B) Disclosure would substantially harm the competitive position of 
the person who submitted the information;
    (C) Disclosure would impair other Government interests, such as 
program effectiveness and compliance; or
    (D) Disclosure would impair other private interests, such as an 
interest in controlling availability of intrinsically valuable records, 
which are sold in the market by their owner.
    (3) Designation of certain confidential information. A person who 
submits records to the Government may designate part or all of the 
information in such records as exempt from disclosure under Exemption 
four. The person may make this designation either at the time the 
records are submitted to the Government or within a reasonable time 
thereafter. The designation must be in writing. The legend prescribed by 
a request for proposal or request for

[[Page 126]]

quotations pursuant to any agency regulation establishing a substitute 
for the language is sufficient but not necessary for this purpose. Any 
such designation will expire ten years after the records were submitted 
to the Government.
    (4) Predisclosure notification. The procedures in this paragraph 
apply to records that were submitted to the Government where we have 
substantial reason to believe that information in the records could 
reasonably be considered exempt under Exemption four. Certain exceptions 
to these procedures are stated in paragraph (d)(5) of this section.
    (i) When we receive a request for such records and we determine that 
we may be required to disclose them, we will make reasonable efforts to 
notify the submitter about these facts. The notice will inform the 
submitter about the procedures and time limits for submission and 
consideration of objections to disclosure. If we must notify a large 
number of submitters, we may do this by posting or publishing a notice 
in a place where the submitters are reasonably likely to become aware of 
it.
    (ii) The submitter has five (5) working days from receipt of the 
notice to object to disclosure of any part of the records and to state 
all bases for its objections.
    (iii) We will give consideration to all bases that have been timely 
stated by the submitter. If we decide to disclose the records and the 
submitter still does not agree, we will send a written notice to the 
submitter stating briefly why we did not sustain its objections and will 
provide a copy of the records as we intend to release them. The notice 
will state that we will disclose the records five (5) working days after 
the submitter receives the notice unless we are ordered by a United 
States District Court not to release them.
    (iv) When a requester files suit under the FOIA to obtain records 
covered by this paragraph, we will promptly notify the submitter.
    (v) Whenever we send a notice to a submitter under paragraph 
(d)(4)(i) of this section, we will notify the requester that we are 
giving the submitter a notice and an opportunity to object.
    (5) Exceptions to predisclosure notification. The notice 
requirements in paragraph (d)(4) of this section do not appy in the 
following situations:
    (i) We decide not to disclose the records;
    (ii) The information has previously been published or made generally 
available;
    (iii) We have already notified the submitter of previous requests 
for the same records and have come to an understanding with that 
submitter about the records;
    (iv) Disclosure is required by a statute other than the FOIA;
    (v) Disclosure is required by a regulation, issued after notice and 
opportunity for public comment, that specifies narrow categories of 
records that are to be disclosed under the FOIA, but in this case a 
submitter may still designate records as described in paragraph (d)(3) 
of this section and in exceptional cases, at our discretion, may follow 
the notice procedures in paragraph (d)(4) of this section;
    (vi) The designation appears to be obviously frivolous, but in this 
case we will still give the submitter the written notice required by 
paragraph (d)(4)(iii) of this section (although this notice need not 
explain our decision or include a copy of the records).
    (e) Exemption five--Internal memoranda. This exemption covers 
internal Government communications and notes that fall within a 
generally recognized evidentiary privilege. Internal Govenment 
communications include an agency's communications with an outside 
consultant or other outside person, with a court, or with Congress, when 
those communications are for a purpose similar to the purpose of 
privileged intra-agency communications. Some of the most common 
applicable privileges are:
    (1) The deliberative process privilege. This privilege protects 
predecisional deliberative communications. A communication is protected 
under this privilege if it was made before a final decision was reached 
on some question of policy and if it expressed recommendations or 
opinions on that question. The purpose of this privilege is to prevent 
injury to the quality of the agency decisionmaking process by

[[Page 127]]

encouraging open and frank internal policy discussions, by avoiding 
premature disclosure of policies not yet adopted, and by avoiding the 
public confusion that might result from disclosing reasons that were not 
in fact the ultimate grounds for an agency's decision. This privilege 
continues to protect predecisional documents even after a decision is 
made. We will release purely factual material in a deliberative document 
unless that material is otherwise exempt. However, purely factual 
material in a deliberative document is within this privilege if:
    (i) It is inextricably intertwined with the deliberative portions so 
that it cannot reasonably be segregated, or
    (ii) It would reveal the nature of the deliberative portions, or
    (iii) Its disclosure would in some other way make possible an 
intrusion into the decisionmaking process.
    (2) Attorney-client privilege. This privilege protects confidential 
communications between a lawyer and an employee or agent of the 
Government where an attorney-client relationship exists (e.g., where the 
lawyer is acting as attorney for the agency and the employee is 
communicating on behalf of the agency) and where the employee has 
communicated information to the attorney in confidence in order to 
obtain legal advice or assistance, and/or where the attorney has given 
advice to the client.
    (3) Attorney work product privilege. This privilege protects 
documents prepared by or for an agency, or by or for its representative 
(usually USIA attorneys) in anticipation of litigation or for trial. It 
includes documents prepared for purposes of administrative adjudications 
as well as court litigation. It includes documents prepared by program 
offices as well as by attorneys. It includes factual material in such 
documents as well as material revealing opinions and tactics. The 
privilege continues to protect the documents even after the litigation 
is closed.
    (f) Exemption six--Clearly unwarranted invasion of personal privacy. 
We may withhold personnel, medical, and similar files and personal 
information about individuals if disclosure would constitute a clearly 
unwarranted invasion of personal privacy.
    (1) Balancing test. In deciding whether to release records that 
contain personal or private information about someone else to a 
requester, we weigh the foreseeable harm of invading that individual's 
privacy against the public benefit that would result from the release of 
the information. In our evaluation of requests for records, we attempt 
to guard against the release of information that might involve a 
violation of personal privacy by a requester being able to ``piece 
together items'' or ``read between the lines'' information that would 
normally be exempt from mandatory disclosure.
    (2) Information frequently withheld. We frequently withhold such 
information as home addresses, ages, minority group status, social 
security numbers, individual's benefits, earning records, leave records, 
etc.
    (g) Exemption seven--Law enforcement. We are not required to release 
information or records that the Government has compiled for law 
enforcement purposes. The records may apply to actual or potential 
violations of either criminal or civil laws or regulations. We can 
withhold these records only to the extent that releasing them would 
cause harm in at least one of the following situations:
    (1) Enforcement proceedings. We may withhold information when 
release could reasonably be expected to interfere with prospective or 
ongoing law enforcement proceedings. Investigations of fraud and 
mismanagement, employee misconduct, and civil rights violations may fall 
into this category. In certain cases, we may refuse to confirm or deny 
the existence of records that relate to violations in order not to 
disclose that an investigation is in progress or may be conducted.
    (2) Fair trial or impartial adjudication. We may withhold records 
when release would deprive a person of a fair trial or an impartial 
adjudication because of prejudicial publicity.
    (3) Personal privacy. We are careful not to disclose information 
that could reasonably be expected to constitute an unwarranted invasion 
of personal privacy. When a name surfaces in an investigation, that 
person is likely to

[[Page 128]]

be vulnerable to innuendo, rumor, harassment, or retaliation.
    (4) Confidential sources and information. We may withhold records 
whose release could reasonably be expected to disclose the identity of a 
confidential source of information. A confidential source may be an 
individual; a state, local, or foreign Government agency; or any private 
organization. The exemption applies whether the source provides 
information under an express promise of confidentiality or under 
circumstances from which such an assurance could be reasonably inferred. 
Also, where the record, or information in it, has been compiled by a 
criminal law enforcement authority conducting a criminal investigation, 
or by an agency conducting a lawful national security investigation, the 
exemption also protects all information supplied by a confidential 
source. Also protected from mandatory disclosure is any information 
which, if disclosed, could reasonably be expected to jeopardize the 
system of confidentiality that assures a flow of information from 
sources to investigatory agencies.
    (5) Techniques and procedures. We may withhold records reflecting 
special techniques or procedures of investigation or prosecution not 
otherwise generally known to the public. In some cases, it is not 
possible to describe even in general terms those techniques without 
disclosing the very material to be withheld. We may also withhold 
records whose release would disclose guidelines for law enforcement 
investigations or prosecutions if this disclosure could reasonably be 
expected to create a risk that someone could circumvent requirements of 
law or of regulation.
    (6) Life and physical safety. We may withhold records whose 
disclosure could reasonably be expected to endanger the life or physical 
safety of any individual. This protection extends to threats and 
harassment as well as to physical violence.
    (h) Exemptions eight and nine--records on financial institutions and 
records on wells. (1) Exemption eight permits us to withhold records 
about regulation or supervision of financial institutions.
    (2) Exemption nine permits the withholding of geological and 
geophysical information and data, including maps, concerning wells.

[54 FR 26734, June 26, 1989]



PART 504--ORGANIZATION--Table of Contents




Sec.
504.1  Introduction.
504.2  Description of central and field organization, established places 
          at which, officers from whom, and methods whereby the public 
          may obtain information.

    Authority: Sec. 4, 63 Stat. 111, as amended, sec. 501, 65 Stat. 290; 
22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 301, 552, E.O. 10477, as 
amended, 18 FR 4540, 3 CFR 1949-1953 Comp., page 958, E.O. 10501, 18 FR 
7049, 3 CFR 1949-1953 Comp., page 979. Reorganization Plan No. 2 of 
1977, Pub. L. 97-241, 96 Stat. 291, Pub. L. 98-111.

    Source: 51 FR 10192, Mar. 25, 1986, unless otherwise noted.



Sec. 504.1  Introduction.

    It is the policy of the United States Information Agency that 
information about its operations, organization, procedures, and records 
be freely available to the public in accordance with the provisions of 
Pub. L. 89-487, the ``Public Information Act of 1966'', referred to 
hereinafter as ``The Act'', which amended the ``Public Information'' 
section of the Administrative Procedure Act (5 U.S.C. 552).

[51 FR 10192, Mar. 25, 1986]



Sec. 504.2  Description of central and field organization, established places at which, officers from whom, and methods whereby the public may obtain 
          information.

    (a) The United States Information Agency, redesignated by section 
303(a) of the United States Information Agency Authorization Act, Fiscal 
Years 1982 and 1983 (Pub. L. 97-241, Stat. 291), was formerly the 
International Communication Agency.
    (b) The United States International Communication Agency was 
established as an independent Agency of the Executive Branch of the 
Government by Reorganization Plan No. 2 of 1977. The Director of the 
Agency is responsible for reporting to the President and the Secretary 
of State, as well as advising the National Security Council, on 
international informational, educational, and cultural matters. The

[[Page 129]]

scope of the Director's advice includes assessments of the impact of 
actual and proposed U.S. foreign policy decisions on public opinion 
abroad.
    (c) Reorganization Plan No. 2 transferred to the new Agency overseas 
information functions previously lodged in the U.S. Information Agency 
and the educational and cultural affairs functions of the Department of 
State. The Reorganization Plan abolished the U.S. Advisory Commission on 
Information and the U.S. Advisory Commission on International 
Educational and Cultural Affairs and established the U.S. Advisory 
Commission on International Communication, Cultural, and Educational 
Affairs whose name was subsequently changed to the United States 
Advisory Commission on Public Diplomacy by section 604 of the Department 
of State Authorizaton Act, Fiscal Years 1980-1981 (93 Stat. 390, August 
15, 1979).
    (d) The United States Information Agency has responsibility for the 
conduct of international information, educational, and cultural 
activities, including exchange programs to build bridges of mutual 
understanding between Americans and the other peoples of the world. The 
United States Information Agency engages in a wide variety of 
communication activities--from academic and cultural exchanges to press, 
radio, and television programs--to accomplish its goals of strengthening 
foreign understanding of American society and support of United States 
policies. The United States Information Agency operates field posts in 
129 foreign countries.
    (e) Agency operations are organized along both functional and 
geographical lines and directed by the Executive Policy Committee 
composed of the Director, Deputy Director, Counselor, four Bureau 
Associate Directors, five Area Office Directors, the Inspector General, 
Director of Private Sector Committees, Coordinator of the President's 
U.S.-Soviet Exchange Initiative, the General Counsel and Congressional 
Liaison, Director of the Television and Film Service, Director of the 
Office of Public Liaison, and the Comptroller of the Agency.
    (1) The four Bureaus are: Voice of America (VOA), Programs (P), 
Educational and Cultural Affairs (E), and Management (M).
    (i) The Voice of America is the global radio network of the United 
States Information Agency which seeks to promote understanding abroad of 
the United States, its people, culture, and policies. In carrying out 
its mission, VOA is responsible for conducting its operations in 
accordance with the VOA Charter, (Pub. L. 94-350), which states:
    (A) VOA will serve as a consistently reliable and authoritative 
source of news. VOA news will be accurate, objective, and comprehensive.
    (B) VOA will represent America, not any single segment of American 
society, and will therefore present a balanced and comprehensive 
projection of significant American thought and institutions.
    (C) VOA will present the policies of the United States clearly and 
effectively, and will also present responsible discussion and opinion of 
these policies.
    VOA produces and broadcasts radio programs in English and 41 foreign 
languages, and has developed an integrated network of broadcasting and 
relay facilities in the United States and in different parts of the 
world to transmit these programs. The Voice of America's Radio Marti 
Program, established by Pub. L. 98-111, provides news commentary and 
other information about events in Cuba and elsewhere so as to promote 
the cause of freedom in Cuba. Radio Marti broadcasts in accordance with 
all Voice of America standards to ensure that its programs are 
objective, accurate, balanced and present a variety of views. The Voice 
of America reflects what is happening in the United States and the 
world. It informs, explains, and enlightens. The Voice of America 
provides background in which listeners can better understand the 
diversity of American society.
    (ii) The Bureau of Programs is comprised of three small specialized 
staffs, three foreign press centers, and four major offices and 
services, all reporting directly to the Associate Director. The Policy 
Guidance Staff provides

[[Page 130]]

both fast daily and in depth background guidance for operating elements 
of the Agency on those U.S. foreign policy issues which are susceptible 
to public diplomacy and on those domestic concerns which are relevant to 
the conduct of it. This staff also reviews program proposals of the 
Agency's overseas posts and Washington elements to assure that they are 
consistent with agreed-upon policy and that resources are allocated in 
accordance with priorities, and represents USIA in interagency meetings 
on public affairs issues, evaluates the extent to which media products 
reflect the Agency's subject priorities, and develops options and policy 
recomendations. The International Communication Policy Staff develops 
options and policy recommendations over the entire range of 
international communication policy issues for the Director of USIA and 
for the consideration of the U.S. Government as a whole. The Media 
Reaction Staff provides daily and special reports of foreign media 
reaction for the Director and 250 other policymakers in the White House, 
NSC, State, Defense and Treasury Departments, USIA, and other Federal 
agencies. Foreign Press Centers in Washington, New York, and Los Angeles 
provide facilitative services to foreign journalists working in those 
cities. The Office of Program Coordination and Development coordinates 
the design and implementation of all Agency support for major 
communication projects proposed by the Agency's overseas posts or 
undertaken by it in response to worldwide and regional priorities set by 
the Director, recruits American participants for those projects, and 
develops a systematic aggregation of essential resource materials to 
guide the acquisition and production of media support for them. This 
Office also is responsible for the development and coordination of the 
Agency's arts initiative undertaken through an agreement with the 
National Endowments, including recruitment and scheduling of all fine 
arts exhibitions and performing artists and groups for overseas 
programming. The Office of Research combines the functions of research 
on foreign public opinion and communication environment with analysis of 
long-term foreign media trends. The two media services, Exhibits, and 
Press and Publications, are responsible for the acquisition and 
production of a variety of media products for use or adaptation by 
USIA's overseas posts. These include exhibits in various formats, a 
daily wireless bulletin to all posts, magazines, pamphlets, reprints, 
photographs, and picture stories. The media services also operate 
printing plants at two overseas locations.
    (iii) Four major offices constitute the Bureau of Educational and 
Cultural Affairs. The Office of Cultural Centers and Resources provides 
policy direction, program support, and professional guidance and 
materials to USIA libraries, American and Binational Centers overseas; 
promotes the distribution of American books in English and in 
translation; operates a donated books program; and supports English 
teaching programs abroad. The Office of Private Sector Programs is 
responsible for developing cooperative projects with private sector 
institutions to support, complement and enhance the goals and objectives 
of the United States Information Agency. These projects are designed to 
promote a better understanding of the United States abroad by means of 
educational and cultural exchange between Americans and citizens of 
other nations. The Office of Private Sector Programs may provide 
selective assistance, encouragement, and grant support to nonprofit 
activities to U.S. organizations and institutions that satisfy this 
purpose, with special emphasis on international educational and cultural 
exchanges. The Office of International Visitors is responsible for 
planning, implementing, monitoring, and evaluating all International 
Visitor (both grantee and voluntary) programs; for managing the Agency's 
four reception centers; for serving as the Agency's liaison with public 
and private organizations involved in the International Visitor Program; 
and for arranging programs in the U.S. for UN Fellows and foreign 
government trainees. The Office of Academic Programs is responsible for 
organizing and assisting academic exchange between the United States and 
other countries; facilitating the establishment and maintenance of close 
ties between the

[[Page 131]]

American academic community and those abroad; encouraging and supporting 
learning; and providing staff support to the Board of Foreign 
Scholarships. The Office maintains liaison with a wide range of non-
government institutions to encourage and support private exchange 
programs and foster institutional linkages across national boundaries; 
and coordinates international information, educational, cultural, and 
exchange programs conducted by other departments and agencies of the 
U.S. Government. The International Youth Exchange Staff is responsible 
for planning, developing and monitoring exchanges of young people in 
over 30 countries in all regions of the world. The International Youth 
Exchange Staff also administers a national campaign in the United States 
which encourages young Americans to go abroad, American families to host 
foreign students and local community involvement in youth exchange 
activities.
    (iv) The Bureau of Management is comprised of a management analysis 
staff and six major offices reporting to the Associate Director. These 
offices are responsible for planning, organizing, directing and 
controlling the Agency's administrative and management operations. These 
offices provide support services in the areas of administration, 
personnel and training, budget and fiscal operations, systems 
technology, security, equal employment opportunity, and contracts.
    (v) The Office of Public Liasion (PL), directs and carries out 
activities designed to discharge the Agency's obligation to provide 
information about USIA policies, mission and programs to the American 
people and the communications media. It publishes news releases, fact 
sheets and over pamphlets; provides Agency speakers in response to 
invitations from organizations and institutions in the U.S.; and holds 
seminars and workshops with academic, business, professional and public 
interest institutions and groups. It is responsible for the publication 
of the Agency's internal newsletter. The Office is responsible for 
conducting tours of the Agency exhibit at the VOA headquarters. The 
Office also maintains a public affairs staff at the Voice of America, 
which provides the media and public with information about USIA in 
general, with emphasis on the U.S. Government's broadcasting arm, the 
VOA. It also conducts daily tours of VOA facilities, arranges briefings 
for domestic and foreign groups and dignitaries, and facilitates media 
coverage of VOA activities.
    (vi) The Office of the General Counsel and Congressional Liaison 
(GC). The General Counsel and legal staff advise all elements of the 
Agency on the interpretation of all laws, regulations, and Executive 
Orders that authorize the Agency's programs or relate to the Agency's 
activities. The Office assists in the drafting of proposed legislation, 
Executive Orders, regulations, contracts, leases, and other legal 
documents, and participates in the negotiation of international 
agreements. The Office represents the Agency in hearings arising from 
disputes on contracts, equal employment opportunity, grievances, labor 
disputes, and licensing. The Office provides support to trial counsel in 
cases tried before domestic and foreign courts. The Office secures the 
necessary rights clearances for the Agency's activities, exercises in 
full authority vested in the Director by law relating to Exchange 
Visitor Program designation, visa waiver review, and authorized periods 
of duration of stays, and advises on matters relating to ethical conduct 
and conflict of interest of Agency employees. On congressional matters 
it maintains contact with Members and staffs and serves as Agency 
coordinator of hearings on substantive legislation and of Agency 
programming of Members and staff. The Office passes on all requests made 
under the Freedom of Information and Privacy Acts.
    (vii) The Office of Inspector General conducts, supervises, and 
coordinates audits, program reviews and evaluations, and investigative 
inquiries relating to programs and operations of the Agency. In 
addition, the Inspector General directs the resources of the office to 
promote economy, efficiency and effectiveness, and to prevent and detect 
fraud and abuse in the administration of the Agency's programs and 
operations. Further, the Inspector General keeps the Director fully and 
currently

[[Page 132]]

informed about how well such programs and operations are being 
administered, the problems and deficiencies existing in such programs 
and operations, and the necessity for and progress of corrective 
actions. The Inspector General also reports expeditiously to the 
Attorney General suspected violations of federal criminal laws and 
receives and considers for investigation employee (``whistleblower'') 
complaints. The Inspector General reports to and is under the general 
supervision of the Director or the Deputy Director.
    (viii) The Television and Film Service is responsible for planning, 
organizing and directing the Agency's television and film activities. 
The areas of responsibility encompass planning, and producing scheduled 
Worldnet television programming for satellite transmissions overseas; 
produces, acquires and maintains video tape libraries for overseas 
programming support; facilitative assistance to visiting foreign 
television and film producers; assistance to foreign broadcasters in the 
production and foreign telecast of cooperative television programs; and 
coordination with other U.S. and foreign government agencies on the 
dissemination of information overseas through television, video cassette 
libraries and motion pictures.
    (ix) The heads of the five geographic areas are the Agency's 
principal advisers on all programs within countries in their respective 
areas. They help to formulate Agency policies and represent the Director 
in interagency working groups. The Area Directors (Africa; Europe; East 
Asia and Pacific; American Republics; and North Africa, Near East, and 
South Asia) are responsible for the coordination and management of 
public diplomacy programs for the countries in their geographic areas. 
They supply a knowledge of the field programs and requirements to the 
Agency's policy and planning processes. They arrange with media services 
to provide media products to their areas. They consult with appropriate 
area and country officers in the Department of State and other foreign 
affairs agencies on operational matters of mutual concern.
    (x) The Agency maintains 213 posts abroad in 129 countries. These 
posts are under the supervision of the U.S. Chiefs of Mission, and with 
the guidance of the Director and the appropriate Area Office Director, 
conduct information, educational exchange and cultural programs on 
behalf of the U.S. Government. Each overseas office is headed by a 
Public Affairs Officer who is a member of the ``Country Team'' under the 
Chief of the U.S. Diplomatic Mission. A list of overseas offices is 
maintained by the Management Plans and Analysis Staff, Washington, DC 
20547.

[51 FR 10192, Mar. 25, 1986]

    Appendix I--United States Information Agency Office Locations in 
                           Washington, DC Area

    (1) Agency elements located at 301 4th Street, SW., Washington, DC 
20547

Office of the Director
Office of the Counselor
Office of Public Liaison
Office of the General Counsel and Congressional Liaison
Office of Inspector General
Bureau of Programs--
    Policy Guidance Staff
    International Communications Staff
    Office of Program Coordination and Development
    Office of Research
    Exhibits Service
    Press and Publications Service
Bureau of Educational and Cultural Affairs
    Office of Cultural Centers and Resources
    Office of Private Sector Programs
    Office of International Visitors
    Office of Academic Programs
Bureau of Management
    Management Plans and Analysis Staff
    Office of Administrative and Technology
    Office of the Comptroller
    Office of Equal Employment Opportunity
    Office of Personnel
    Office of Security
Office of African Affairs
Office of American Republics Affairs
Office of East Asian and Pacific Affairs
Office of European Affairs
Office of North African, Near Eastern, and South Asian Affairs

    (2) Other Agency Elements and addresses:
    (a) United States Information Agency, Health and Human Services 
Building, 330 Independence Avenue, SW., Washington, DC 20547; Voice of 
America.
    (b) United States Information Agency, 400 6th Street, SW., 
Washington, DC 20547, Voice of America--Radio Marti Program.
    (c) United States Information Agency, Patrick Henry Building, 601 D 
Street, NW.,

[[Page 133]]

Washington, DC 20547, Television and Film Service.
    (d) United States Information Agency, Bureau of Programs--Foreign 
Press Center, National Press Building, 529 14th Street, NW., Washington, 
DC 20547.
    (e) United States Information Agency, Switzer Building, 300 C 
Street, SW., Washington, DC 20547, Bureau of Management--Office of 
Contracts, and the Training and Development Division.

 Appendix II--United States Information Agency Office Locations Outside 
                        the Washington, DC, Area

Television and Film Service--
    (a) New York Office, Room 30-100, 26 Federal Plaza, New York, N.Y. 
10278.
    (b) Los Angeles Office, 11000 Wilshire Boulevard, Los Angeles, 
Calif. 90024.

United States Information Agency, Bureau of Broadcasting--
    (a) Relay Stations:
    (1) Bethany Relay Station, P.O. Box 227, Mason, Ohio 45040.
    (2) Delano Relay Station, Route 1, Box 1350, Delano, Calif. 93215.
    (3) Dixon Relay Station, Route 2, Box 739, Dixon, Calif. 95620.
    (4) Marathon Relay Station, P.O. Box 726, Marathon, Fla. 33050.
    (5) Edward R. Murrow Transmitting Station, P.O. Box 1826, 
Greenville, N.C. 27834.
    (b) News Bureaus:
    (1) Midwest News Bureau, Room 3876, Federal Building, 230 South 
Dearborn Street, Chicago, Ill. 60604.
    (2) Southeast News Bureau, Room 1518, Federal Office Building, 51 
SW. First Avenue, Miami, Fla. 33130.
    (3) West Coast News Bureau, Room 8107, Federal Building, 11000 
Wilshire Boulevard, Los Angeles, Calif. 90020.
    (4) New York News Bureau, Room 30-100, Fisk Building, 26 Federal 
Plaza, New York, N.Y. 10278.

Bureau of Programs--
    (a) Foreign Press Centers:
    (1) Federal Building, 11000 Wilshire Blvd., Suite C-200, Los 
Angeles, Calif. 90024
    (2) 18 E. 50th Street, 11th Floor, New York, N.Y. 10022.
    (b) Senior Advisor for Public Affairs, U.S. Mission to the United 
Nations, 799 United Nations Plaza, New York, N.Y. 10017.

Bureau of Management--
    Administrative Services Division, New York Services Branch, 830 
Third Avenue, Brooklyn, N.Y. 11232.

Bureau of Educational and Cultural Affairs--Reception Centers:
    (a) Honolulu--P.O. Box 50186, Honolulu, Hawaii 96850.
    (b) Miami--Room 1304, Federal Office Building, 51 SW. First Avenue, 
Miami, Fla. 33130
    (c) New Orleans--Suite 1130, International Trade Mart, 2 Canal 
Street, New Orleans, La. 70130
    (d) New York--Third Floor, 1414 Avenue of the Americas, New York, 
N.Y. 10019.

[51 FR 10192, Mar. 25, 1986, as amended at 51 FR 11016, Apr. 1, 1986]



PART 505--PRIVACY ACT POLICIES AND PROCEDURES--Table of Contents




Sec.
505.1  Purpose and scope.
505.2  Definitions.
505.3  Procedures and requests.
505.4  Requirements and identification for making requests.
505.5  Disclosure of information.
505.6  Medical records.
505.7  Correction or amendment of record.
505.8  Agency review of requests for changes.
505.9  Review of adverse Agency determination.
505.10  Disclosure to third parties.
505.11  Fees.
505.12  Civil remedies and criminal penalties.
505.13  General exemptions (Subsection (j)).
505.14  Specific exemptions (Subsection (k)).
505.15  Exempt systems of records used.

    Authority: Pub. L. 93-579, 88 Stat. 1897; 5 U.S.C. 552a; 55 FR 
31940, Aug. 6, 1990, as amended.

    Source: 62 FR 10630, Mar. 7, 1997, unless otherwise noted.

    Effective Date Note: At 62 FR 10630, Mar. 7, 1997, part 505 was 
revised, effective Apr. 16, 1997. For the convenience of the user, the 
superseded text appears after this part.



Sec. 505.1  Purpose and scope.

    The United States Information Agency will protect individuals' 
privacy from misuse of their records, and grant individuals access to 
records concerning them which are maintained by the Agency's domestic 
and overseas offices, consistent with the provisions of Public Law 93-
579, 88 Stat. 1897; 5 U.S.C. 552a, the Privacy Act of 1974, as amended. 
The Agency has also established procedures to permit individuals to 
amend incorrect records, to limit the disclosure of personal information 
to third parties, and to limit the number of sources of personal 
information. The Agency has also established internal rules restricting 
requirements of individuals to provide social security account numbers.

[[Page 134]]



Sec. 505.2  Definitions.

    (a) Access Appeal Committee (AAC)--the body established by and 
responsible to the Director of USIA for reviewing appeals made by 
individuals to amend records held by the Agency.
    (b) Agency or USIA or USIA--The United States Information Agency, 
its offices, divisions, branches and its Foreign Service establishments.
    (c) Amend--To make a correction to or expunge any portion of a 
record about an individual which that individual believes is not 
accurate, relevant, timely or complete.
    (d) Individual--A citizen of the United States or an alien lawfully 
admitted for permanent residence.
    (e) Maintain--Collect, use, store, disseminate or any combination of 
these record-keeping functions; exercise of control over and hence 
responsibility and accountability for systems of records.
    (f) Record--Any information maintained by the Agency about an 
individual that can be reproduced, including finger or voice prints and 
photographs, and which is retrieved by that particular individual's name 
or personal identifier, such as a social security number.
    (g) Routine use--With respect to the disclosure of a record, the use 
of such record for a purpose which is compatible with the purpose for 
which it was collected. The common and ordinary purposes for which 
records are used and all of the proper and necessary uses, even if any 
such uses occur infrequently.
    (h) Statistical record--A record in a system of records maintained 
for statistical research or reporting purposes only and not used in 
whole or in part in making any determination about an identifiable 
individual, except as provided in 13 U.S.C. 8.
    (i) System of records--A group of records under the maintenance and 
control of the Agency from which information is retrieved by the name or 
personal identifier of the individual.
    (j) Personnel record--Any information about an individual that is 
maintained in a system of records by the Agency that is needed for 
personnel management or processes such as staffing, employee 
development, retirement, grievances and appeals.
    (k) Post--Any of the foreign service branches of the Agency.



Sec. 505.3  Procedures for requests.

    (a) The agency will consider all written requests received from an 
individual for records pertaining to herself/himself as a request made 
under the Privacy Act of 1974, as amended (5 U.S.C. 552a) whether or not 
the individual specifically cites the Privacy Act when making the 
request.
    (b) All requests under the Privacy Act should be directed to the 
USIA, Office of the General Counsel, FOIA/Privacy Act Unit (GC/FOI), 301 
4th Street, SW, Washington, DC 20547, which will coordinate the search 
of all systems of records specified in the request. Requests should 
state name, date of birth, and social security number.
    (c) Requests directed to the Agency's overseas posts which involve 
routine unclassified, administrative and personnel records available 
only at those posts may be released to the individual by the post if the 
post determines that such release is authorized by the Privacy Act. All 
other requests shall be submitted by the post to the Office of the 
General Counsel, FOIA/Privacy Act Unit (GC/FOI), 301 4th Street, SW, 
Washington, DC 20547, and the individual shall be so notified of this 
section in writing, when possible.
    (d) In those instances where an individual requests records 
pertaining to herself/himself, as well as records pertaining to another 
individual, group, or some other category of the Agency's records, only 
that portion of the request which pertains to records concerning the 
individual will be treated as a Privacy Act request. The remaining 
portions of such a request will be processed as a Freedom of Information 
Act request by the office noted in paragraph (b) of this section.



Sec. 505.4  Requirements and identification for making requests.

    (a) Individuals seeking access to Agency records may present their 
written request or may mail their request to the USIA, Office of General 
Counsel, FOI/Privacy Act (GC/FOI) Unit, 301 4th Street, SW, Washington, 
DC 20547. The GC/FOI Unit may be visited between the hours of 9 a.m. and 
4 p.m., Monday

[[Page 135]]

through Friday, except for legal holidays.
    (b) Individuals, seeking access to Agency records, will be requested 
to present some form of identification. Individuals should state their 
full name, date of birth and a social security number. An individual 
must also include her/his present mailing address and zip code, and if 
possible a telephone number.
    (c) When signing a statement confirming one's identity, individuals 
should understand that knowingly and willfully seeking or obtaining 
access to records about another individual under false pretenses is 
punishable by a fine of up to $5,000.



Sec. 505.5  Disclosure of information.

    (a) In order to locate the system of records that an individual 
believes may contain information about herself/himself, an individual 
should first obtain a copy of the Agency's Notice of Systems of Records. 
By identifying a particular record system and by furnishing all the 
identifying information requested by that record system, it will enable 
the Agency to more easily locate those records which pertain to the 
individual. At a minimum, any request should include the information 
specified in Sec. 505.4(b) above.
    (b) In certain circumstances, it may be necessary for the Agency to 
request additional information from the individual to ensure that the 
retrieved record does, in fact, pertain to the individual.
    (c) All requests for information on whether or not the Agency's 
system(s) of records contain information about the individual will be 
acknowledged within ten working days of receipt of the request. The 
requested records will be provided as soon as possible thereafter.
    (d) If the Agency determines that the substance of the requested 
record is exceptionally sensitive, the Agency will require the 
individual to furnish a signed, notarized statement that she/he is in 
fact the person named in the file before granting access to the records.
    (e) Original records will not be released from the custody of the 
records system manager. Copies will be furnished subject to and in 
accordance with fees established in Sec. 505.11.
    (f) Denial of access to records:
    (1) The requirements of this section do not entitle an individual 
access to any information compiled in reasonable anticipation of a civil 
action or proceeding.
    (2) Under the Privacy Act, the Agency is not required to permit 
access to records if the information is not retrievable by the 
individual's name or other personal identifier; those requests will be 
processed as Freedom of Information Act requests.
    (3) The Agency may deny an individual access to a record, or portion 
thereof, if following a review it is determined that the record or 
portion falls within a system of records that is exempt from disclosure 
pursuant to 5 U.S.C. 552a(j) and 552a(k). See Secs. 505.13 and 505.14 
for a listing of general and specific exemptions.
    (4) The decision to deny access to a record or a portion of the 
record is made by the Agency's Privacy Act Officer, Office of the 
General Counsel. The denial letter will advise the individual of her/his 
rights to appeal the denial (See Sec. 505.9 on Access Appeal Committee's 
review).



Sec. 505.6  Medical records.

    If, in the judgment of the Agency, the release of medical 
information directly to the requester could have an adverse effect on 
the requester, the Agency will arrange an acceptable alternative to 
granting access of such records to the requester. This normally involves 
the release of the information to a doctor named by the requester. 
However, this special procedure provision does not in any way limit the 
absolute right of the individual to receive a complete copy of her or 
his medical record.



Sec. 505.7  Correction or amendment of record.

    (a) An individual has the right to request that the Agency amend a 
record pertaining to her/him which the individual believes is not 
accurate, relevant, timely, or complete. At the time the Agency grants 
access to a record, it will furnish guidelines for requesting amendments 
to the record.

[[Page 136]]

    (b) Requests for amendments to records must be in writing and mailed 
or delivered to the USIA Privacy Act Officer, Office of the General 
Counsel, 301 4th Street, SW, Washington, DC 20547, who will coordinate 
the review of the request to amend a record with the appropriate 
office(s). Such requests must contain, at a minimum, identifying 
information needed to locate the record, a brief description of the item 
or items of information to be amended, and the reason for the requested 
change. The requester should submit as much documentation, arguments or 
other data as seems warranted to support the request for amendment.
    (c) The Agency will review all requests for amendments to records 
within 10 working days of receipt of the request and either make the 
changes or inform the requester of its refusal to do so and the reasons 
therefore.



Sec. 505.8  Agency review of requests for changes.

    (a) In reviewing a record in response to a request to amend or 
correct a file, the Agency shall incorporate the criteria of accuracy, 
relevance, timeliness, and completeness of the record in the review.
    (b) If the Agency agrees with an individual's request to amend a 
record, it shall:
    (1) Advise the individual in writing;
    (2) Correct the record accordingly;
    (3) And, to the extent that an accounting of disclosure was 
maintained, advise all previous recipients of the record of the 
corrections.
    (c) If the Agency disagrees with all or any portion of an 
individual's request to amend a record, it shall:
    (1) Advise the individual of the reasons for the determination;
    (2) Inform the individual of her/his right to further review (see 
Sec. 505.9).



Sec. 505.9  Review of adverse agency determination.

    (a) When the Agency determines to deny a request to amend a record, 
or portion of the record, the individual may request further review by 
the Agency's Access Appeal Committee. The written request for review 
should be mailed to the Chairperson, Access Appeal Committee, USIA, 
Office of Public Liaison, 301 4th Street, SW, Washington, DC 20547. The 
letter should include any documentation, information or statement which 
substantiates the request for review.
    (b) The Agency's Access Appeal Committee will review the Agency's 
initial denial to amend the record and the individual's documentation 
supporting amendment, within 30 working days. If additional time is 
required, the individual will be notified in writing of the reasons for 
the delay and the approximate date when the review is expected to be 
completed. Upon completion of the review, the Chairperson will notify 
the individual of the results.
    (c) If the Committee upholds the Agency's denial to amend the 
record, the Chairperson will advise the individual of:
    (1) The reasons for the Agency's refusal to amend the record;
    (2) Her/his right and the procedure to add to the file a concise 
statement supporting the individual's disagreement with the decision of 
the Agency;
    (3) Her/his right to seek judicial review of the Agency's refusal to 
amend the file.
    (d) When an individual files a statement disagreeing with the 
Agency's refusal to amend a record, the Agency will clearly annotate the 
record so that the fact that the record is disputed is apparent to 
anyone who may subsequently have access to, use of, or reason to 
disclose the file. If information is disclosed regarding the area of 
dispute, the Agency will provide a copy of the individual's statement in 
the disclosure. Any statement which may be included by the Agency 
regarding the dispute will be limited to the reasons given to the 
individual for not amending the record. Copies of the Agency's statement 
shall be treated as part of the individual's record, but will not be 
subject to amendment by the individual under these regulations.



Sec. 505.10  Disclosure to third parties.

    The Agency will not disclose any information about an individual to 
any person or another agency without the prior consent of the individual 
about whom the information is maintained, except as provided for in the 
following paragraphs.

[[Page 137]]

    (a) Medical records. May be disclosed to a doctor or other medical 
practitioner, named by the individual, as prescribed in Sec. 505.6 
above.
    (b) Accompanying individual. When a requester is accompanied by any 
other person, the agency will require that the requester sign a 
statement granting consent to the disclosure of the contents of the 
record to that person.
    (c) Designees. If a person requests another person's file, she or he 
must present a signed statement from that person of record which 
authorizes and consents to the release of the file to the designated 
individual.
    (d) Guardians. Parent(s) or legal guardian(s) of dependent minors or 
of an individual who has been declared by a court to be incompetent due 
to physical, mental or age incapacity, may act for and on behalf of the 
individual on whom the Agency maintains records.
    (e) Other disclosures. A record may be disclosed without a request 
by or written consent of the individual to whom the record pertains if 
such disclosure conditions are authorized under the provisions of 5 
U.S.C. 552a(b). These conditions are:
    (1) Disclosure within the Agency. This condition is based upon a 
``need-to-know'' concept which recognizes that Agency personnel may 
require access to discharge their duties.
    (2) Disclosure to the public. No consent by an individual is 
necessary if the record is required to be released under the Freedom of 
Information Act (FOIA), 5 U.S.C. 552. The record may be exempt, however, 
under one of the nine exemptions of the FOIA.
    (3) Disclosure for a routine use. No. consent by an individual is 
necessary if the condition is necessary for a ``routine use'' as defined 
in S505.2(g). Information may also be released to other government 
agencies which have statutory or other lawful authority to maintain such 
information. (See Appendix I--Prefatory Statement of General Routine 
Uses).
    (4) Disclosure to the Bureau of the Census. For purposes of planning 
or carrying out a census or survey or related activity. Title 13 U.S.C. 
Section 8 limits the uses which may made of these records and also makes 
them immune from compulsory disclosure.
    (5) Disclosure for statistical research and reporting. The Agency 
will provide the statistical information requested only after all names 
and personal identifiers have been deleted from the records.
    (6) Disclosure to the National Archives. For the preservation of 
records of historical value, pursuant to 44 U.S.C. 2103.
    (7) Disclosure for law enforcement purposes. Upon receipt of a 
written request by another Federal agency or a state or local government 
describing the law enforcement purpose for which a record is required, 
and specifying the particular record. Blanket requests for all records 
pertaining to an individual are not permitted under the Privacy Act.
    (8) Disclosure under emergency circumstances. For the safety or 
health of an individual (e.g., medical records on a patient undergoing 
emergency treatment).
    (9) Disclosure to the Congress. For matters within the jurisdiction 
of any House or Senate committee or subcommittee, and/or joint committee 
or subcommittee, pursuant to a written request from the Chairman of the 
committee or subcommittee.
    (10) Disclosure to the General Accounting Office (GAO). For matters 
within the jurisdiction of the duties of the GAO's Comptroller General.
    (11) Disclosure pursuant to court order. Pursuant to the order of a 
court of competent jurisdiction. This does not include a subpoena for 
records requested by counsel and issued by a clerk of court.



Sec. 505.11  Fees.

    (a) The first copy of any Agency record about an individual will be 
provided free of charge. A fee of $0.15 per page will be charged for any 
additional copies requested by the individual.
    (b) Checks or money orders should be made payable to the United 
States Treasurer and mailed to the Freedom of Information Act/Privacy 
Act Unit, Office of the General Counsel, 301 4th Street, SW, Washington, 
DC 20547. The Agency will not accept cash.

[[Page 138]]



Sec. 505.12  Civil remedies and criminal penalties.

    (a) Grounds for court action. An individual will have a remedy in 
the Federal District Courts under the following circumstances:
    (1) Denial of access. Individuals may challenge an Agency decision 
to deny them access to records to which they consider themselves 
entitled.
    (2) Refusal to amend a record. Under conditions prescribed in 5 
U.S.C. 552a(g), an individual may seek judicial review of the Agency's 
refusal to amend a record.
    (3) Failure to maintain a record accurately. An individual may bring 
suit against the Agency for any alleged intentional and willful failure 
to maintain a record accurately, if it can be shown that the individual 
was subjected to an adverse action resulting in the denial of a right, 
benefit, entitlement or employment the individual could reasonably have 
expected to be granted if the record had not been deficient.
    (4) Other failures to comply with the Act. An individual may bring 
an action for any alleged failure by the Agency to comply with the 
requirements of the Act or failure to comply with any rule published by 
the Agency to implement the Act provided it can be shown that:
    (i) The action was intentional or willful;
    (ii) The Agency's action adversely affected the individual; and
    (iii) The adverse action was caused by the Agency's actions.
    (b) Jurisdiction and time limits. (1) Action may be brought in the 
district court for the jurisdiction in which the individual resides or 
has a place of residence or business, or in which the Agency records are 
situated, or in the District of Columbia.
    (2) The statute of limitations is two years from the date upon which 
the cause of action arises, except for cases in which the Agency has 
materially and willfully misrepresented any information requested to be 
disclosed and when such misrepresentation is material to the liability 
of Agency. In such cases the statute of limitations is two years from 
the date of discovery by the individual of the misrepresentation.
    (3) A suit may not be brought on the basis of injury which may have 
occurred as a result of the Agency's disclosure of a record prior to 
September 27, 1975.
    (c) Criminal penalties.--(1) Unauthorized disclosure. It is a 
criminal violation of the provisions of the Act for any officer or 
employee of the Agency knowingly and willfully to disclose a record in 
any manner to any person or agency not entitled to receive it, for 
failure to meet the conditions of disclosure enumerated in 5 U.S.C. 
552a(b), or without the written consent or at the request of the 
individual to whom the record pertains. Any officer or employee of the 
Agency found guilty of such misconduct shall be fined not more than 
$5,000.
    (2) Failure to publish a public notice. It is a criminal violation 
of the Act to willfully maintain a system of records and not to publish 
the prescribed public notice. Any officer or employee of the Agency 
found guilty of such misconduct shall be fined not more than $5,000.
    (3) Obtaining records under false pretenses. The Act makes it a 
criminal offense to knowingly and willfully request or gain access to a 
record about an individual under false pretenses. Any person found 
guilty of such an offense may be fined not more than $5,000.



Sec. 505.13  General exemptions (Subsection (j)).

    (a) General exemptions are available for systems of records which 
are maintained by the Central Intelligence Agency (Subsection (j)(1)), 
or maintained by an agency which performs as its principal function any 
activity pertaining to the enforcement of the criminal laws (Subsection 
(j)(2)).
    (b) The Act does not permit general exemption of records complied 
primarily for a noncriminal purpose, even though there are some quasi-
criminal aspects to the investigation and even though the records are in 
a system of records to which the general exemption applies.

[[Page 139]]



Sec. 505.14  Specific exemptions (Subsection (k)).

    The specific exemptions focus more on the nature of the records in 
the systems of records than on the agency. The following categories of 
records may be exempt from disclosure:
    (a) Subsection (k)(1). Records which are specifically authorized 
under criteria established under an Executive Order to be kept secret in 
the interest of national defense or foreign policy, and which are in 
fact properly classified pursuant to such Executive Order;
    (b) Subsection (k)(2). Investigatory records compiled for law 
enforcement purposes (other than material within the scope of subsection 
(j)(2) as discussed in Sec. 505.13(a)). If any individual is denied any 
right, privilege, or benefit for which she/he would otherwise be 
eligible, as a result of the maintenance of such material, the material 
shall be provided to the individual, unless disclosure of the material 
would reveal the identify of a source who has been pledged 
confidentiality;
    (c) Subsection (k)(3). Records maintained in connection with 
protection of the President and other VIPs accorded special protection 
by statute;
    (d) Subsection (k)(4). Records required by statute to be maintained 
and used solely as statistical records;
    (e) Subsection (k)(5). Records complied solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information, but only if disclosure of the material would 
reveal the identify of a confidential source that furnished information 
to the Government;
    (f) Subsection (k)(6). Testing or examination records used solely to 
determine individual qualifications for appointment or promotion in the 
Federal service when the disclosure of such would compromise the 
objectivity or fairness of the testing or examination process;
    (g) Subsection (k)(7). Evaluation records used to determine 
potential for promotion in the armed services, but only if disclosure 
would reveal the identify of a confidential source.



Sec. 505.15  Exempt systems of records used.

    USIA is authorized to use exemptions (k)(1), (k)(2), (k)(4), (k)(5), 
and (k)(6). The following Agency components currently maintain exempt 
systems of records under one or more of these specific exemptions: 
Executive Secretariat; Education and Cultural Exchange Program; Legal 
Files; Privacy Act and Freedom of Information Act Files; Employee 
Grievance Files; Recruitment Records; Employee Master Personnel Records; 
Foreign Service Selection Board Files; Employee Training Files; 
Personnel Security and Integrity Records; International Broadcasting 
Bureau Director's Executive Secretariat Files; and International 
Broadcasting Bureau Employee Personnel Files.

    Effective Date Note: At 62 FR 10630, Mar. 7, 1997, part 505 was 
revised, effective Apr. 16, 1997. For the convenience of the user, the 
superseded text is set forth as follows:



PART 505--PRIVACY ACT POLICIES AND PROCEDURES--Table of Contents




Sec.
505.1  Purpose and scope.
505.2  Definitions.
505.3  Procedures for requests.
505.4  Requirements and identification for making requests.
505.5  Disclosure of information.
505.6  Medical records.
505.7  Correction or amendment of record.
505.8  Agency review of requests for changes.
505.9  Review of adverse agency determination.
505.10  Disclosure to third parties.
505.11  Fees.
505.12  Civil remedies and criminal penalties.
505.13  General exemptions (Subsection J).
505.14  Specific exemptions (Subsection K).
505.15  Exempt systems of records.

    Authority: Pub. L. 93-579, 88 Stat. 1897; 5 U.S.C. 552a; 55 FR 
31940, Aug. 6, 1990, as amended.

    Source: 61 FR 51004, Sept. 30, 1996, unless otherwise noted.
Sec. 505.1  Purpose and scope.
    The United States Information Agency will protect individuals' 
privacy from misuse of their records, and grant individuals access to 
records concerning them which are maintained by the Agency's domestic 
and overseas offices, consistent with the provisions of Pub. L. 93-579, 
88 Stat. 1897; 5 U.S.C. 552a, the Privacy Act of 1974, as amended. The 
Agency

[[Page 140]]

has also established procedures to permit individuals to amend incorrect 
records, to limit the disclosure of personal information to third 
parties, and to limit the number of sources of personal information. The 
Agency has also established internal rules restricting requirements of 
individuals to provide social security account numbers.
Sec. 505.2  Definitions.
    (a) Access Appeal Committee (AAC)--the body established by and 
responsible to the Director of USIA for reviewing appeals made by 
individuals to amend records held by the Agency.
    (b) Agency or USIA or USIS--The United States Information Agency, 
its offices, divisions, branches and its Foreign Service establishments.
    (c) Amend--To make a correction to or expunge any portion of a 
record about an individual which that individual believes is not 
accurate, relevant, timely or complete.
    (d) Individual--A citizen of the United States or an alien lawfully 
admitted for permanent residence.
    (e) Maintain--Collect, use, disseminate or any combination of these 
record-keeping functions; exercise of control over and hence 
responsibility and accountability for systems of records.
    (f) Record--Any information maintained by the Agency about an 
individual that can be reproduced, including finger or voice prints and 
photographs, and which is retrieved by that particular individual's name 
or personal identifier, such as a social security number.
    (g) Routine use--With respect to the disclosure of a record, the use 
of such record for a purpose which is compatible with the purpose for 
which it was collected. The common and ordinary purposes for which 
records are used and all of the proper and necessary uses, even if any 
such uses occur infrequently.
    (h) Statistical record--A record in a system of records maintained 
for statistical research or reporting purposes only and not used in 
whole or in part in making any determination about an identifiable 
individual, except as provided in 13 U.S.C. 8.
    (i) System of records--A group of records under the maintenance and 
control of the Agency from which information is retrieved by the name or 
personal identifier of the individual.
    (j) Personnel record--Any information about an individual that is 
maintained in a system of records by the Agency that is needed for 
personnel management or processes such as staffing, employee 
development, retirement, grievances and appeals.
    (k) Post--Any of the foreign service branches of the Agency.
Sec. 505.3  Procedures for requests.
    (a) The Agency will consider all written requests received from an 
individual for records pertaining to herself/himself as a request made 
under the Privacy Act of 1974, as amended (5 U.S.C. 552a) whether or not 
the individual specifically cites the Privacy Act when making the 
request.
    (b) All requests under the Privacy Act should be directed to the 
USIA, Office of the General Counsel, FOIA/Privacy Act Unit (GC/FOI), 301 
4th Street, SW., Washington, DC 20547, which will coordinate the search 
of all systems of records specified in the request. Requests should 
state name, date of birth, and social security number.
    (c) Requests directed to the Agency's overseas posts which involve 
routine unclassified, administrative and personnel records available 
only at those posts may be released to the individual by the post if the 
post determines that such release is authorized by the Privacy Act. All 
other requests shall be submitted by the post to the Office of the 
General Counsel, FOIA/Privacy Act Unit (GC/FOI), 301 4th Street, SW., 
Washington, DC 20547, and the individual shall be so notified of this 
action in writing, when possible.
    (d) In those instances where an individual requests records 
pertaining to herself/himself, as well as records pertaining to another 
individual, group, or some other category of the Agency's records, only 
that portion of the request which pertains to records concerning the 
individual will be treated as a Privacy Act request. The remaining 
portions of such a request will be processed as a Freedom of Information 
Act request by the office noted in paragraph (b) of this section.
Sec. 505.4  Requirements and identification for making requests.
    (a) Individuals seeking access to Agency records may present their 
written request in person or may mail their request to the USIA, Office 
of General Counsel, FOI/Privacy Act (GC/FOI) Unit, 301 4th Street, SW., 
Washington, DC 20547. The GC/FOI Unit may be visited between the hours 
of 9 a.m. and 4 p.m., Monday through Friday, except for legal holidays.
    (b) Individuals, seeking access to Agency records, will be requested 
to present some form of identification. Individuals should state their 
full name, date of birth and a social security number. An individual 
must also include her/his present mailing address and zip code, and if 
possible a telephone number.
    (c) When signing a statement confirming one's identity, individuals 
should understand that knowingly and willfully seeking or obtaining 
access to records about another individual under false pretenses is 
punishable by a fine of up to $5,000.

[[Page 141]]

Sec. 505.5  Disclosure of information.
    (a) In order to locate the system of records that an individual 
believes may contain information about herself/himself, an individual 
should first obtain a copy of the Agency's Notice of Systems of Records 
as republished in the Federal Register (Vol. 55, No. 151), on August 6, 
1990. By identifying a particular record system and by furnishing all 
the identifying information requested by that record system, it will 
enable the Agency to locate those records which actually pertain to the 
individual. At a minimum, any request should include the information 
specified in Sec. 505.4(b) above.
    (b) In certain circumstances, it may be necessary for the Agency to 
request additional information from the individual to ensure that the 
retrieved record does, in fact, pertain to the individual.
    (c) All requests for information on whether or not the Agency's 
system(s) of records contain information about the individual will be 
acknowledged within ten working days of receipt of the request. The 
requested records will be provided as soon as possible thereafter.
    (d) If the Agency determines that the substance of the requested 
record is exceptionally sensitive, the Agency will require the 
individual to furnish a signed, notarized statement that she/he is in 
fact the person named in the file before granting access to the records.
    (e) Original records will not be released from the custody of the 
records system manager. Copies will be furnished subject to and in 
accordance with fees established in Sec. 505.11.
    (f) Denial of access to records:
    (1) The requirements of this section do not entitle an individual 
access to any information compiled in reasonable anticipation of a civil 
action or proceeding.
    (2) The Agency is not required to permit access to records if the 
information is not retrievable by the individual's name or other 
personal identifier; those requests will be processed as Freedom of 
Information Act requests.
    (3) The Agency may deny an individual access to a record, or portion 
thereof, if following a review it is determined that the record or 
portion falls within the exemptions provided in 5 U.S.C. 552a(j) and 
552a(k). See Secs. 505.13 and 505.14 for a listing of general and 
specific exemptions.
    (4) The decision to deny access to a record or a portion of the 
record is made by the Agency's Privacy Act Officer. Officer of the 
General Counsel. The denial letter will advise the individual of her/his 
rights to appeal the denial (See Sec. 505.9 on Access Appeal Committee's 
review).
Sec. 505.6  Medical records.
    If, in the judgment of the Agency, the release of medical 
information directly to the requester could have an adverse effect on 
the requester, the Agency will arrange an acceptable alternative to 
granting access of such records to the requester. This normally involves 
the release of the information to a doctor named by the requester. 
However, this special procedure provision does not in any way limit the 
absolute right of the individual to receive a complete copy of her or 
his medical record.
Sec. 505.7  Correction or amendment of record.
    (a) An individual has the right to request that the Agency amend a 
record pertaining to her/him which the individual believes is not 
accurate, relevant, timely, or complete. At the time the Agency grants 
access to a record, it will furnish guidelines for requesting amendments 
to the record.
    (b) Requests for amendments to records must be writing and mailed or 
delivered to the USIA Privacy Act Officer, Office of the General 
Counsel, 301 4th Street, SW, Washington, DC 20547, who will coordinate 
the review of the request to amend a record with the appropriate 
office(s). Such requests must contain, at a minimum, identifying 
information needed to locate the record, a brief description of the item 
or items of information to be amended, and the reason for the requested 
change. The requester should submit as much documentation, arguments or 
other data as seems warranted to support the request for amendment.
    (C) The Agency will review all requests for amendments to records 
within 10 working days of receipt of the request and either make the 
changes or inform the requester of its refusal to do so and the reasons 
therefore.
Sec. 505.8  Agency review of requests for changes.
    (a) In reviewing a record in response to a request to amend or 
correct a file, the Agency shall incorporate the criteria of accuracy, 
relevance timeliness, and completeness of the record in the review.
    (b) If the Agency agrees with an individual's request to amend a 
record, it shall:
    (1) Advise the individual in writing:
    (2) Correct the record accordingly.
    (3) And, to the extent that an accounting of disclosure was 
maintained, advise all previous recipients of the record of the 
corrections.
    (C) If the Agency disagrees with all or any portion of an 
individual's request to amend a record, it shall:
    (1) Advise the individual of the reasons for the determination;
    (2) Inform the individual of her/his right to further review (see 
Sec. 505.9).

[[Page 142]]

Sec. 505.9  Review of adverse agency determination.
    (a) When the Agency determines to deny a request to amend a record, 
or portion of the record, the individual may request further review by 
the Agency's Access Appeal Committee. The written request for review 
should be mailed to the Chairperson, Access Appeal Committee, USIA, 
Office of Public Liaison, 301 4th Street, SW, Washington, DC 20547. The 
letter should include any documentation, information or statement which 
substantiates the request for review.
    (b) The Agency's Access Appeal Committee will review the Agency's 
initial denial to amend the record and the individual's documentation 
supporting amendment, within 30 working days. If additional time is 
required, the individual will be notified in writing of the reasons for 
the delay and the approximate date when the review is expected to be 
complete. Upon completion of the review, the Chairperson will notify the 
individual of the results.
    (c) If the Committee upholds the Agency's denial to amend the 
record, the Chairperson will advise the individual of:
    (1) The reasons for the Agency's refusal to amend the record;
    (2) Her/his right and the procedure to add to the file a concise 
statement supporting the individual's disagreement with the decision of 
the Agency;
    (3) Her/his right to seek judicial review of the Agency's refusal to 
amend the file.
    (d) When an individual files a statement disagreeing with the 
Agency's refusal to amend a record, the Agency will clearly annotate the 
record so that the fact that the record is disputed is apparent to 
anyone who may subsequently have access to, use of, or reason to 
disclose the file. If information is disclosed regarding the area of 
dispute, the Agency will provide a copy of the individual's statement in 
the disclosure. Any statement which may be included by the Agency 
regarding the dispute will be limited to the reasons given to the 
individual for not amending the record. Copies of the Agency's statement 
shall be treated as part of the individual's record, but will not be 
subject to amendment by the individual under these regulations.
Sec. 505.10  Disclosure to third parties.
    The Agency will not disclose any information about an individual to 
any person or another agency without the prior consent of the individual 
about whom the information is maintained, except as provided for in the 
following paragraphs.
    (a) Medical records--May be disclosed to a doctor or other medical 
practitioner, named by the individual, as prescribed in Sec. 505.6 
above.
    (b) Accompanying individual--When a requester is accompanied by any 
other person, the Agency will require that the requester sign a 
statement granting consent to the disclosure of the contents of the 
record to that person.
    (c) Designees--If a person requests another person's file, she or he 
must present a signed statement from that person of record which 
authorizes and consents to the release of the file to the designated 
individual.
    (d) Guardians--Parent(s) or legal guardian(s) of dependent minors or 
of an individual who has been declared by a court to be incompetent due 
to physical, mental or age incapacity, may act for and on behalf of the 
individual on whom the Agency maintains records.
    (e) Other disclosures--A record may be disclosed without a request 
by or written consent of the individual to whom the record pertains if 
such disclosure conditions are authorized under the provisions of 5 
U.S.C. 552a(b). These conditions are:
    (1) Disclosure within the Agency. This condition is based upon a 
``need-to-know'' concept which recognizes that Agency personnel may 
require access to discharge their duties.
    (2) Disclosure to the public. No consent by an individual is 
necessary if the record is required to be released under the Freedom of 
Information Act (FOIA), 5 U.S.C. 552. The record may be exempt, however, 
under one of the nine exemptions of the FOIA.
    (3) Disclosure for a routine use. No consent by an individual is 
necessary if the condition is necessary for a ``routine use'' as defined 
in Sec. 505.2(g). Information may also be released to other government 
agencies which have statutory or other lawful authority to maintain such 
information. (See Appendix I--Prefatory Statement of General Routine 
Uses, FR 31977, Vol. 55, No. 151, Aug. 6, 1990)
    (4) Disclosure to the Bureau of the Census. For purposes of planning 
or carrying out a census or survey or related activity. Title 13 U.S.C. 
section 8 limits the uses which may be made of these records and also 
makes them immune from compulsory disclosure.
    (5) Disclosure for statistical research and reporting. The Agency 
will provide the statistical information requested only after all names 
and personal identifiers have been deleted from the records.
    (6) Disclosure to the National Archives. For the preservation of 
records of historical value, pursuant to 44 U.S.C. 2103.
    (7) Disclosure for law enforcement purposes. Upon receipt of a 
written request by another Federal agency or a State or local government 
describing the law enforcement purpose for which a record is required, 
and specifying the particular record. Blanket requests for all records 
pertaining to an individual are not permitted under the Privacy Act.
    (8) Disclosure under emergency circumstances. For the safety or 
health of an individual

[[Page 143]]

(e.g., medical records on a patient undergoing emergency treatment).
    (9) Disclosure to the Congress. For matters within the jurisdiction 
of any House or Senate committee or subcommittee, and/or joint committee 
or subcommittee.
    (10) Disclosure to the General Accounting Office (GAO). For matters 
within the jurisdiction of the duties of the GAO's Comptroller General.
    (11) Disclosure pursuant to court order. Pursuant to the order of a 
court of competent jurisdiction. This does not include a subpoena for 
records requested by counsel and issued by a clerk of the court.
Sec. 505.11  Fees.
    (a) The first copy of any Agency record about an individual will be 
provided free of charge. A fee of $0.15 per page will be charged for any 
additional copies requested by the individual.
    (b) Checks or money orders should be made payable to the United 
States Treasurer and mailed to the Freedom of Information Act/Privacy 
Act Unit, Office of the General Counsel, 301 4th Street, SW., 
Washington, DC 20547. The Agency will not accept cash.
Sec. 505.12  Civil remedies and criminal penalties.
    (a) Grounds for court action. An individual will have a remedy in 
the Federal District Courts under the following circumstances:
    (1) Denial of access. Individuals may challenge an Agency decision 
to deny them access to records to which they consider themselves 
entitled.
    (2) Refusal to amend a record. Under conditions prescribed in 5 
U.S.C. 552a(g), an individual may seek judicial review of the Agency's 
refusal to amend a record.
    (3) Failure to maintain a record accurately. An individual may bring 
suit against the Agency for any alleged intentional and willful failure 
to maintain a record accurately, if it can be shown that the individual 
was subject to an adverse action resulting in the denial of a right, 
benefit, entitlement or employment the individual could reasonably have 
expected to be granted if the record had not been deficient.
    (4) Other failures to comply with the Act. An individual may bring 
an action for any alleged failure by the Agency to comply with the 
requirements of the Act or failure to comply with any rule published by 
the Agency to implement the Act provided it can be shown that:
    (i) The action was intentional or willful;
    (ii) The Agency's action adversely affected the individual; and,
    (iii) The adverse action was caused by the Agency's actions.
    (b) Jurisdiction and time limits. (1) Action may be brought in the 
district court for the jurisdiction in which the individual resides or 
has a place of residence or business, or in which the Agency records are 
situated, or in the District of Columbia.
    (2) The statute of limitations is two years from the date upon which 
the cause of action arises, except for cases in which the Agency has 
materially and willfully misrepresented any information required to be 
disclosed and when such misrepresentation is material to the liability 
of the Agency. In such cases the statute of limitations is two years 
from the date of discovery by the individual of the misrepresentation.
    (3) A suit may not be brought on the basis of injury which may have 
occurred as a result of the Agency's disclosure of a record prior to 
September 27, 1975.
    (C) Criminal penalties.--(1) Unauthorized disclosure. It is a 
criminal violation of the provisions of the Act for any officer or 
employee of the Agency knowingly and willfully to disclose a record in 
any manner to any person or agency not entitled to receive it, for 
failure to meet the conditions of disclosure enumerated in 5 U.S.C. 
552a(b), or without the written consent or at the request of the 
individual to whom the record pertains. Any officer or employee of the 
Agency found guilty of such misconduct shall be fined not more than 
$5,000.
    (2) Failure to publish a public notice. It is a criminal violation 
of the Act to willfully maintain a system of records and not to publish 
the prescribed public notice. Any officer or employee of the Agency 
found guilty of such misconduct shall be fined not more than $5,000.
    (3) Obtaining records under false pretenses. The Act makes it a 
criminal offense to knowingly and willfully request or gain access to a 
record about an individual under false pretenses. Any person found 
guilty of such an offense may be fined not more than $5,000.
Sec. 505.13  General exemptions (Subsection (j)).
    (a) General exemptions are available for systems of records which 
are maintained by the Central Intelligence Agency (Subsection (j)(1)), 
or maintained by an agency which performs as its principal function any 
activity pertaining to the enforcement of the criminal laws (Subsection 
(j)(2)).
    (b) The Act does not permit general exemption of records compiled 
primarily for a noncriminal purpose, even though there are some quasi-
criminal aspects to the investigation and even though the records are in 
a system of records to which the general exemption applies.
Sec. 505.14  Specific exemptions (Subsection (k)).
    The specific exemptions focus more on the nature of the records in 
the systems of records than on the agency. The following

[[Page 144]]

categories of records may be exempt from disclosure:
    (a) Subsection (k)(1). Records which are specifically authorized 
under criteria established under an Executive Order to be kept secret in 
the interest of national defense or foreign policy, and which are in 
fact properly classified pursuant to such Executive Order;
    (b) Subsection (k)(2). Investigatory records compiled for law 
enforcement purposes (other than material within the scope of subsection 
(j)(2) as discussed in Sec. 505.13(a)). If any individual is denied any 
right, privilege, or benefit for which she/he would otherwise be 
eligible, as a result of the maintenance of such material, the material 
shall be provided to the individual, unless disclosure of the material 
would reveal the identity of a confidential source;
    (c) Subsection (k)(3). Records maintained in connection with 
protection of the President and other VIPs accorded special protection 
by statute;
    (d) Subsection (k)(4). Records required by statute to be maintained 
and used solely as statistical records;
    (e) Subsection (k)(5). Records compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information, but only if disclosure of the material would 
reveal the identity of a confidential source that furnished information 
to the Government;
    (f) Subsection (k)(6). Testing or examination records used solely to 
determine individual qualifications for appointment or promotion in the 
Federal service when the disclosure of such would compromise the 
objectivity or fairness of the testing or examination process;
    (g) Subsection (k)(7). Evaluation records used to determine 
potential for promotion in the armed services, but only if disclosure 
would reveal the identity of a confidential source.
    (h) Records of other agencies Any Agency record system which 
contains information originated by another agency whose record system is 
exempt from certain provisions of the Act will not be disclosed by USIA. 
(See Sec. 505.13, General Exemptions.)
Sec. 505.15  Exempt systems of records used.
    USIA is authorized to use exemptions (k)(1), (k)(2), (k)(4), (k)(5), 
and (k)(6). The following Agency components currently maintain exempt 
systems of records under one or more of these specific exemptions: 
Executive Secretariat; Educational and Cultural Exchange Program; Legal 
Files; Privacy Act and Freedom of Information Act Files; Employee 
Grievance Files; Recruitment Records; Employee Master Personnel Records; 
Foreign Service Selection Board Files; Employee Training Files; 
Personnel Security and Integrity Records; International Broadcasting 
Bureau Director's Executive Secretariat Files; and International 
Broadcasting Bureau Employee Personnel Files. (See Appendix I--Prefatory 
Statement of General Routine Uses, 55 FR 31977, Aug. 6, 1990.)



PART 506--PART-TIME CAREER EMPLOYMENT PROGRAM--Table of Contents




Sec.
506.1  Purpose of program.
506.2  Review of positions.
506.3  Establishing and coverting part-time positions.
506.4  Annual goals and timetables.
506.5  Review and evaluation.
506.6  Publicizing vacancies.
506.7  Exceptions.

    Authority: 5 U.S.C. 3401 (note and 3402).

    Source: 44 FR 63098, Nov. 2, 1979, unless otherwise noted.



Sec. 506.1  Purpose of program.

    Many individuals in society possess great productive potential which 
goes unrealized because they cannot meet the requirements of a standard 
workweek. Permanent part-time employment also provides benefits to other 
individuals in a variety of ways, such as providing older individuals 
with a gradual transition into retirement, providing employment 
opportunities to handicapped individuals or others who require a reduced 
workweek, providing parents opportunities to balance family 
responsibilities with the need for additional income, providing 
employment opportunities for women returning to the workforce and 
assisting students who must finance their own education or vocational 
training. In view of this, the United States Information Agency will 
operate a part-time career employment program, consistent with the needs 
of its beneficiaries and its responsibilities.



Sec. 506.2  Review of positions.

    Positions becoming vacant unless excepted as provided by Sec. 506.7, 
will be reviewed to determine the feasibility of converting them to 
part-time. Among the criteria which may be used when conducting this 
review are:
    (a) Mission requirements and occupational mix.
    (b) Workload fluctuations.

[[Page 145]]

    (c) Employment ceilings and budgetary considerations.
    (d) Size of workforce, turnover rate and employment trends.
    (e) Affirmative action.



Sec. 506.3  Establishing and converting part-time positions.

    Position management and other internal reviews may indicate that 
positions may be either converted from full-time or initially 
established as part-time positions. Criteria listed above may be used 
during these reviews. If a decision is made to convert to or to 
establish a part-time position, regular position management and 
classification procedures will be followed.



Sec. 506.4  Annual goals and timetables.

    An agencywide plan for promoting part-time employment opportunities 
will be developed annually by the Office of Personnel after consultation 
with the operating elements. This plan will establish annual goals and 
set deadlines for achieving these goals.

[44 FR 63098, Nov. 2, 1979, as amended at 51 FR 11015, Apr. 1, 1986]



Sec. 506.5  Review and evaluation.

    The part-time career employment program will be reviewed through 
semiannual reports submitted by the Director, Office of Personnel to the 
Associate Director for Management. Regular employment reports will be 
used to determine levels of part-time employment.

[44 FR 63098, Nov. 2, 1979, as amended at 51 FR 11016, Apr. 1, 1986]



Sec. 506.6  Publicizing vacancies.

    When applicants from outside the Federal service are desired, part-
time vacancies may be publicized through various recruiting means, such 
as:
    (a) Federal Job Information Centers.
    (b) State Employment Offices.
    (c) USIA Vacancy Announcements.
    (d) College and University Placement Offices.



Sec. 506.7  Exceptions.

    The Director of the Agency and the Associate Director for Management 
may except positions from inclusion in this program as necessary to 
carry out the mission of the Agency.



PART 510--SERVICE OF PROCESS--Table of Contents




    Authority: 5 U.S.C. 552(a)(1)(A).



Sec. 510.1  Service of process.

    (a) The General Counsel of the United States Information Agency or 
any of his/her designees shall act as agent for the receipt of legal 
process against the United States Information Agency, as well as against 
employees of the agency to the extent that the process relates to the 
official functions of the employees.
    (b) When accepting service of process for an employee in his/her 
official capacity, the General Counsel or his/her designee shall endorse 
on the server's return of process form, registered mail receipt, 
certified mail receipt, or express mail receipt: ``Service accepted in 
official capacity only.''
    (c) Process shall be delivered to:

Mailing address: Office of the General Counsel, United States 
    Information Agency, 301 Fourth Street SW., Washington, DC 20547
Location: Office of the General Counsel, United States Information 
    Agency, 301 Fourth Street SW., Room 700 Washington, DC 20547.

[53 FR 50515, Dec. 16, 1988]



PART 511--FEDERAL TORT CLAIMS PROCEDURE--Table of Contents




Sec.
511.1  Definitions.
511.2  Scope of regulations.
511.3  Exceptions.
511.4  Administrative claim; when presented.
511.5  Who may file claim.
511.6  Agency authority to adjust, determine, compromise and settle 
          claims and limitations upon that authority.
511.7  Investigations.
511.8  Limitations.
511.9  Supporting evidence.
511.10  Settlement of claim.
511.11  Acceptance of award.
511.12  When litigation is involved in claim.

    Authority: 5 U.S.C. 301.

    Source: 34 FR 20430, Dec. 31, 1969, unless otherwise noted.

[[Page 146]]



Sec. 511.1   Definitions.

    Agency. Agency means the United States Information Agency.
    Act. Act means the Federal Tort Claims Act, as amended, and codified 
in 28 U.S.C., sections 2671-2680.



Sec. 511.2  Scope of regulations.

    The regulations in this part shall apply only to claims asserted 
under the Federal Tort Claims Act, as amended, or as incorporated by 
reference in any appropriation Act or other statutes, for money damages 
against the United States for injury, loss of property, personal injury, 
or death caused by the negligent or wrongful act or omission of any 
employee of the Agency while acting within the scope of his/her office 
or employment, under circumstances where the United States, if a private 
person, would be liable to the claimant in accordance with the law of 
the place where the act or omission occurred.

[43 FR 14301, Apr. 4, 1978]



Sec. 511.3  Exceptions.

    Claims not compensable hereunder are listed in 2680 of the Act with 
the exception that 2680(k) (claims arising in a foreign country) has 
been removed by 22 U.S.C. 1474(5).

[44 FR 16374, Mar. 19, 1979]



Sec. 511.4  Administrative claim; when presented.

    (a) For the purposes of the provisions of section 2672 of the Act 
and of this part, a claim shall be deemed to have been presented when 
the Agency receives, in the office designated in paragraph (b) of this 
section, an executed ``Claim for Damage or Injury'', Standard Form 95, 
or other written notification of an incident, accompanied by a claim for 
money damages in a sum certain, for injury to or loss of property, 
personal injury or death, alleged to have occurred by reason of the 
incident. The claimant may, if he/she desires, file a brief with his/her 
claim setting forth the law or other arguments in support of his/her 
claim. In cases involving claims by more than one person arising from a 
single accident or incident, individual claim forms shall be used. A 
claim which should have been presented to the Agency, but which was 
mistakenly addressed to or filed with another Federal Agency, shall be 
deemed to have been presented to the Agency as of the date the claim is 
received by the Agency. If a claim is mistakenly addressed to or filed 
with the Agency, the Agency shall transfer it forthwith to the 
appropriate Agency.
    (b) A claimant shall mail, or deliver his/her claim to the Office of 
the General Counsel and Congressional Liaison, United States Information 
Agency, 301 4th Street, SW., Washington, DC 20547.

[34 FR 20430, Dec. 31, 1969, as amended at 51 FR 11016, Apr. 1, 1986]



Sec. 511.5   Who may file claim.

    (a) Claims for loss or damage of property may be filed by the owner 
of the property, or his/her legal representatives. Claims for personal 
injury or death may be made by the injured person or a legal 
representative of the injured or deceased person. The claim, if filed by 
a legal representative, should show the capacity of the person signing 
and be accompanied by evidence of this authority to act.
    (b) The claim and all other papers requiring the signature of the 
claimant should be signed by him/her personally or by his/her 
representative. Signatures should be identical throughout.



Sec. 511.6   Agency authority to adjust, determine, compromise, and settle claims and limitations upon that authority.

    (a) The General Counsel of the Agency, or his/her designee, is 
delegated authority to consider, ascertain, adjust, determine, 
compromise, and settle claims asserted under the provisions of section 
2672 of the Act and under this part.
    (b) Limitation on Agency authority: An award, compromise, or 
settlement of a claim by the Agency under the provisions of section 2672 
of the Act, in excess of $25,000, shall be effected only with the prior 
written approval of the Attorney General or his/her designee.



Sec. 511.7   Investigations.

    The Agency may request any other Federal agency to investigate a 
claim filed under section 2672 of the Act, or

[[Page 147]]

to conduct a physical or mental examination of the claimant and provide 
a report of such examination.



Sec. 511.8   Limitations.

    (a) Pursuant to the provisions of section 2401(b) of title 28 of the 
United States Code, a tort claim against the United States shall be 
forever barred unless presented in writing to the Agency within two (2) 
years after such claim accrues.
    (b) A suit may not be filed until the claim shall have been finally 
denied by the Agency. Failure of the Agency to make final disposition of 
the claim within six (6) months after it has been presented shall, at 
the option of the claimant any time thereafter, be deemed a final denial 
of the claim for purposes of the Act and of this part.
    (c) A suit shall not be filed for a sum greater than the amount of 
the claim presented to the Agency, except where the increased amount is 
based upon newly discovered evidence not reasonably discoverable at the 
time for presenting the claim to the Agency, or upon allegation and 
proof of intervening facts, relating to amount of the claim.



Sec. 511.9   Supporting evidence.

    (a) In support of claims for personal injury or death, the claimant 
should submit a written report by the attending physician. The report 
should show the nature and extent of injury, the nature and extent of 
treatment, the effect upon earning capacity, either temporarily or 
permanently, the degree of permanent disability, if any, the prognosis, 
and the period of hospitalization, or incapacitation. Itemized bills for 
medical, hospital, or burial expenses actually incurred should be 
attached to report.
    (b) In support of claims for damage to property which as been or can 
be economically repaired, the claimant should submit at least two 
itemized signed statements, or estimates by reliable, disinterested 
firms or itemized signed receipts if payment has been made.
    (c) In support of claims for loss or damage to property which is not 
economically repairable, the claimant should submit statements of the 
original cost of the property, date of purchase, and the value of the 
property before and after the accident together with a statement setting 
forth the basis used in arriving at such value. Such statements should 
be from at least two disinterested, competent persons, preferably 
reputable dealers or other qualified persons familiar with the type of 
property in question.



Sec. 511.10   Settlement of claim.

    The General Counsel will review the findings from the standpoint of 
questions of law applicable to the claim and will determine disposition. 
The General Counsel will make final review for settlement of the claim 
and will sign SF-1145, Voucher for Payment Under Federal Tort Claims 
Act, and forward it to the Financial Operations Division for payment of 
claim. Payment of any award or settlement in the amount of $2,500 or 
less will be authorized from the appropriation and allotment current for 
obligation on the date of settlement irrespective of when the cause of 
action arose. Payment of any award, compromise or settlement in an 
amount in excess of $2,500, shall be paid in a manner similar to 
judgments and compromises out of the appropriation provided by section 
(c), Pub. L. 89-506 (28 U.S.C. 2672).



Sec. 511.11   Acceptance of award.

    The acceptance by the claimant of any award will be final and 
conclusive on the claimant. The acceptance will constitute a complete 
release of any claim by reason of the same subject matter against the 
United States and against the employee whose act or omission resulted in 
the claim. Adjudication and payment shall likewise be conclusive on all 
officers of the United States, unless procured by fraud.



Sec. 511.12   When litigation is involved in claim.

    If a claimant does not agree to a settlement of a claim of which is 
considered fair and equitable by the Agency's responsible officials, the 
claimant, upon the final disposition thereof by the Agency, may elect to 
file suit. Relief from claims which are disallowed may be sought by 
filing suit in the U.S. District Court for the district where

[[Page 148]]

the claimant resides or wherein the act of omission complained of 
occurred. The failure of the Agency to make final disposition of a claim 
within 6 months after it has been filed shall, pursuant to 28 U.S.C. 
2672, and at the option of the claimant at any time thereafter, is 
deemed a final denial of the claim. If a suit is filed against the 
Government involving the Agency, the Department of Justice will request 
the Agency to furnish the complete file on the case. The Office of the 
General Counsel will represent the Agency in all negotiations with the 
Department of Justice.



PART 512--COLLECTION OF DEBTS UNDER THE DEBT COLLECTION ACT OF 1982--Table of Contents




                      Subpart A--General Provisions

Sec.
512.1  Definitions.
512.2  Exceptions.
512.3  Use of procedures.
512.4  Conformance to law and regulations.
512.5  Other procedures.
512.6  Informal action.
512.7  Return of property.
512.8  Omissions not a defense.

  Subpart B--Administrative Offset and Referral to Collection Agencies

512.9  Demand for payment.
512.10  Collection by administrative offset.
512.11  Administrative offset against amounts payable for Civil Service 
          Retirement and Disability Fund.
512.12  Collection in installments.
512.13  Exploration of compromise.
512.14  Suspending or terminating collection action.
512.15  Referrals to the Department of Justice or the General Accounting 
          Office.
512.16  Collection services.

                        Subpart C--Salary Offset

512.17  Purpose.
512.18  Scope.
512.19  Definitions.
512.20  Notification.
512.21  Hearing.
512.22  Deduction from pay.
512.23  Liquidation from final check or recovery from other payment.
512.24  Non-waiver of rights by payments.
512.25  Refunds.
512.26  Interest, penalties, and administrative costs.
512.27  Recovery when paying agency is not creditor agency.

        Subpart D--Interest, Penalties, and Administrative Costs

512.28  Assessment.
512.29  Exemptions.

    Authority: 31 U.S.C. 3701; 31 U.S.C. 3711 et seq.; 5 U.S.C. 5514; 4 
CFR Parts 101-105; 5 CFR Part 550.

    Source: 52 FR 43897, Nov. 17, 1987, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 512.1  Definitions.

    (a) The term Agency means the United States Information Agency.
    (b) The term Agency head means the Director, United States 
Information Agency.
    (c) The term appropriate Agency official or designee means the 
Chief, Financial Operations Division or such other official as may be 
named in the future by the Director, USIA.
    (d) The terms debt or claim refer to an amount of money which has 
been determined by an appropriate Agency official to be owed to the 
United States from any person, organization or entity, except another 
Federal Agency.
    (e) A debt is considered delinquent if it has not been paid by the 
date specified in the Agency's written notification or applicable 
contractual agreement, unless other satisfactory arrangements have been 
made by that date, or at any time thereafter the debtor fails to satisfy 
obligations under a payment agreement with the Agency.
    (f) The term referral for litigation means referral to the 
Department of Justice for appropriate legal proceedings.



Sec. 512.2  Exceptions.

    (a) Claims arising from the audit of transportation accounts 
pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised, 
terminated, or settled in accordance with the regulations published 
under 31 U.S.C. 3726 (refer to 41 CFR part 101-41).
    (b) Claims arising out of acquisition contracts subject to the 
Federal Acquisition Regulation (FAR) shall be determined, collected, 
compromised, terminated or settled in accordance with those regulations 
(see 48 CFR part 32). If not otherwise provided for in the

[[Page 149]]

FAR system, contract claims that have been the subject of a contracting 
officer's final decision in accordance with section 6(a) of the 
Contracts Disputes Act of 1978 (41 U.S.C. 605(a)), may be determined, 
collected, compromised, terminated, or settled under the provisions of 
this regulation, except no additional review of the debt shall be 
granted beyond that provided by the contracting officer in accordance 
with the provisions of section 6 of the Contract Disputes Act of 1978 
(41 U.S.C. 605), and the amount of any interest, administrative charge, 
or penalty charge shall be subject to the limitations, if any, contained 
in the contract out of which the claim arose.
    (c) Claims based in whole or in part on conduct in violation of the 
antitrust laws, or in regard to which there is an indication of fraud, 
presentation of a false claim, or misrepresentation on the part of the 
debtor or any other party having an interest in the claim, shall be 
referred to the Department of Justice (DOJ) as only the DOJ has the 
authority to compromise, suspend or terminate collection action on such 
claims.
    (d) Tax claims are excluded from the coverage of this regulation.



Sec. 512.3  Use of procedures.

    Procedures authorized by this regulation (including but not limited 
to referral to a debt collection agency, administrative offset, or 
salary offset) may be used singly or in combination, providing the 
requirements of the applicable law and regulation are satisfied.



Sec. 512.4  Conformance to law and regulations.

    (a) The requirements of applicable law (31 U.S.C. 3701-3719 as 
amended by Pub. L. 97-365, (96 Stat. 1749) have been implemented in 
Government-wide standards:
    (1) The regulations of the Office of Personnel Management (5 CFR 
part 550).
    (2) The Federal Claims Collection Standards issued jointly by the 
General Accounting Office and the Department of Justice (4 CFR parts 
101-105), and
    (3) The procedures prescribed by the Office of Management and Budget 
in Circular A-129 of May 9, 1985.
    (b) Not every item in the above described standards has been 
incorporated or referenced in this regulation. To the extent, however, 
that circumstances arise which are not covered by the terms stated in 
this regulation, USIA will proceed in any actions taken in accordance 
with applicable requirements found in the sources referred to in 
paragraphs (a)(1), (2), and (3) of this section.



Sec. 512.5  Other procedures.

    Nothing contained in this regulation is intended to require USIA to 
duplicate administrative proceedings required by contract or other laws 
or regulations.



Sec. 512.6  Informal action.

    Nothing in this regulation is intended to preclude utilization of 
informal administrative actions or remedies which may be available.



Sec. 512.7  Return of property.

    Nothing contained in this regulation is intended to deter USIA from 
demanding the return of specific property or from demanding the return 
of the property or the payment of its value.



Sec. 512.8  Omissions not a defense.

    The failure of USIA to comply with any provision in this regulation 
shall not serve as a defense to the debt.



  Subpart B--Administrative Offset and Referral to Collection Agencies



Sec. 512.9  Demand for payment.

    Prior to initiating administrative offset, demand for payment will 
be made as follows:
    (a) Written demands will be made promptly upon the debtor in terms 
which inform the debtor of the consequences of failure to cooperate. A 
total of three progressively stronger written demands at not more than 
30-day intervals will normally be made unless a response to the first or 
second demand indicates that further demand

[[Page 150]]

would be futile and the debtor's response does not require rebuttal. In 
determining the timing of demand letters, USIA will give due regard to 
the need to act promptly so that, as a general rule, debt referrals to 
the Department of Justice for litigation, where necessary, can be made 
within one year of the Agency's final determinatin of the fact and the 
amount of the debt. When necessary to protect the Goverment's interests 
(e.g., to prevent the statute of limitations, 28 U.S.C. 2415, from 
expiring) written demand may be preceded by other appropriate actions 
under this chapter, including immediate referral for litigation.
    (b) The initial demand letter will inform the debtor of: The basis 
for the indebtedness and the right of the debtor to request review 
within the Agency; the applicable standards for assessing interest, 
penalties, and administrative costs (Supart D of this regulation) and; 
the date by which payment is to be made, which normally will not be more 
than 30 days from the date that the initial demand letter was mailed or 
hand delivered. USIA will exercise care to insure that demand letters 
are mailed or hand-delivered on the same day that they are actually 
dated.
    (c) As appropriate to the circumstances, USIA will include in the 
demand letters matters relating to alternative methods of payment, the 
debtor's rights to representation by his respective bargaining unit, 
policies relating to referral to collection agencies, the Agency's 
intentions relative to referral of the debt to the Department of Justice 
for litigation, and, depending on the statutory authority, the debtor's 
entitlement to consideration of waiver.
    (d) USIA will respond promptly to communications from the debtor and 
will advise debtors who dispute the debt that they must furnish 
available evidence to support their contention.



Sec. 512.10  Collection by administrative offset.

    (a) Collection by administrative offset will be undertaken in 
accordance with these regulations on all claims which are liquidated and 
certain in amount, in every instance where the appropriate Agency 
official determines such collection to be feasible and not otherwise 
prohibited.
    (1) For purpose of this section, the term administrative offset has 
the same meaning as provided in 31 U.S.C. 3716(a)(1).
    (2) Whether collection by administrative offset is feasible is a 
determination to be made by the Agency on a case-by-case basis, in the 
exercise of sound discretion. USIA will consider not only the 
practicalities of administrative offset, but whether such offset is best 
suited to protect and further all of the Government's interests. USIA 
will give consideration to the debtor's financial condition, and is not 
required to use offset in every instance where there is an available 
source of funds. USIA will also consider whether offset would tend to 
substantially disrupt or defeat the purpose of the program authorizing 
the payments against which offset is contemplated.
    (b) Before the offset is made, a debtor shall be provided with the 
following: written notice of the nature and the amount of the debt and 
the Agency's intention to collect by offset; opportunity to inspect and 
copy Agency records pertaining to the debt; opportunity to obtain review 
within the Agency of the determination of indebtedness; and opportunity 
to enter into written agreement with the Agency to repay the debt. USIA 
may also make requests to other agencies holding funds payable to the 
debtor, and process requests for offset that are received from other 
agencies.
    (1) USIA will exercise sound judgment in determining whether to 
accept a repayment agreement in lieu of offset. The determination will 
weigh the Government's interest in collecting the debt against fairness 
to the debtor.
    (2) In cases where the procedural requirements specified in this 
paragraph (b) have previously been provided to the debtor in connection 
with the same debt under some other statutory or regulatory authority, 
such as pursuant to an audit allowance, the Agency is not required to 
duplicate those requirements before taking administrative offset.
    (3) USIA may not initiate administrative offset to collect a debt 
more than 10 years after the Government's

[[Page 151]]

right to collect the debt first accrued, unless facts material to the 
Government's right were not known and could not reasonably have been 
known by the official or officials of the Government who were charged 
with the responsibility to discover and collect the debt. When the debt 
first accrued is to be determined according to existent law regarding 
the accrual of debts (e.g., 28 U.S.C. 2415).
    (4) USIA is not authorized by 31 U.S.C. 3716 to use administrative 
offset with respect to: Debts owed by any State or local Government; 
debts arising under or payments made under the Social Security Act, the 
Internal Revenue Code of 1954 or the tariff laws of the United States; 
or any case in which collection of the type of debt involved by 
administrative offset is explicitly provided for or prohibited by 
another statute. Unless otherwise provided by contract or law, debts or 
payments which are not subject to administrative offset under 31 U.S.C. 
3716 may be collected by administrative offset under the common law or 
other applicable statutory authority.
    (5) USIA may effect administrative offset against a payment to be 
made to a debtor prior to completion of the procedures required by 
paragraph (b) of this section if failure to take offset would 
substantially prejudice the Government's ability to collect the debt, 
and the time before the payment is to be made does not reasonably permit 
the completion of those procedures. Amounts recovered by offset but 
later determined not to be owed to the Government shall be promptly 
refunded 30 days after the Agency has notified the debtor in writing 
that the debt is not owed. Such written notification will be issued 
within 15 days after the Agency has confirmed through a review of its 
official records that the debt is not owed.
    (c) Type of hearing or review: (1) For purposes of this section, 
whenever USIA is required to afford a hearing or review within the 
Agency, the Agency will provide the debtor with a reasonable opportunity 
for an oral hearing when: An applicable statute authorizes or requires 
the Agency to consider waiver of the indebtedness involved, the debtor 
requests waiver of the indebtedness, and the waiver determination turns 
on an issue of veracity; or the debtor requests reconsideration of the 
debt and the Agency determines that the question of the indebtedness 
cannot be resolved by review of the documentary evidence. Unless 
otherwise required by law, an oral hearing under this section is not 
required to be a formal evidentiary type hearing.
    (2) This section does not require an oral hearing with respect to 
debt collection systems in which determinations of indebtedness or 
waiver rarely involve issues of veracity and the Agency has determined 
that the review of the written record is ordinarily enough to correct 
prior mistakes.
    (3) In those cases where an oral hearing is not required by this 
section, the Agency will make its determination on the request for 
waiver or reconsideration based upon a review of the written record.
    (d) Appropriate use will be made of the cooperative efforts of other 
agencies in effecting collection by administrative offset. USIA will not 
refuse to initiate administrative offset to collect debts owed the 
United States, unless the requesting agency has not complied with the 
applicable provisions of these standards.
    (e) Collection by offset against a judgment obtained against the 
United States shall be accomplished in accordance with 31 U.S.C. 3728.
    (f) Whenever the creditor agency is not the agency which is 
responsible for making the payment against which offset is sought, the 
latter agency shall not initiate the requested offset until it has been 
provided by the creditor agency with an appropriate written 
certification that the debtor owes the debt (including the amount) and 
that full compliance with the provisions of this section has taken 
place.
    (g) When collecting multiple debts by administrative offset, USIA 
will apply the recovered amounts to those debts in accordance with the 
best interests of the United States, as determined by the facts and 
circumstances of the particular case, paying particular attention to the 
applicable statutes of limitations.

[[Page 152]]



Sec. 512.11  Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.

    (a) Unless otherwise prohibited by law, USIA may request that monies 
that are due and payable to a debtor from the Civil Service Retirement 
and Disability Fund be administratively offset in reasonable amounts in 
order to collect in one full payments, or a minimal number of payment, 
debts owed the United States by the debtor. Such requests shall be made 
to the appropriate officials within the Office of Personnel Management 
in accordance with such regulations as may be prescribed by the Director 
of that Office.
    (b) When making a request for administrative offset under paragraph 
(a) of this section, USIA shall include written statements that:
    (1) The debtor owes the United States a debt, including the amount 
of the debt;
    (2) The USIA has complied with the applicable statutes, regulations, 
and procedures of the Office of Personnel Management; and
    (3) The USIA has complied with the requirements of Sec. 512.10 of 
this part, including any required hearing or review.
    (c) Once USIA decides to request offset under paragraph (a) of this 
section, it will make the request as soon as practical after completion 
of the applicable procedures in order that the Office of Personnel 
Management may identify the debtor's account in anticipation of the time 
when the debtor requests or becomes eligible to receive payments from 
the Fund. This will satisfy any requirement that offset be initiated 
prior to expiration of the applicable statute of limitations.
    (d) If USIA collects part or all of the debt by other means before 
deductions are made or completed pursuant to paragraph (a) of this 
section, USIA shall act promptly to modify or terminate its request for 
offset under paragraph (a) of this section.
    (e) This section does not require or authorize the Office of 
Personnel Management to review the merits of the USIA determination 
relative to the amount and validity of the debt, its determination on 
waiver under an applicable statute, or its determination whether to 
provide an oral hearing.



Sec. 512.12  Collection in installments.

    (a) Whenever feasible, and except as required otherwise by law, 
debts owed to the United States, together with interest, penalties, and 
administrative costs as required by this regulation, should be collected 
in one lump sum. This is true whether the debt is being collected under 
administrative offset or by another method, including voluntary payment. 
However, if the debtor is financially unable to pay the indebtedness in 
one lump sum, payment may be accepted in regular installments. If USIA 
agrees to accept payment in installments, it will obtain a legally 
enforceable written agreement from the debtor that specifies all of the 
terms of the arrangement and which contains a provision accelerating the 
debt in the event the debtor defaults. The size and frequency of the 
payments should bear a reasonable relation to the size of the debt and 
ability to the debtor to pay. If possible the installment payments 
should be sufficient in size and frequency to liquidate the Government's 
claim within 3 years.
    (b) If the debtor owes more than one debt and designates how a 
voluntary installment plan is to be applied among those debts, the 
Agency will follow that designation. If no such designation is made, the 
Agency will apply payments to the various debts in accordance with the 
best interest of the United States as as determined by the facts and 
circumstances of each case, with particular attention to application 
statutes of limitation.



Sec. 512.13  Exploration of compromise.

    USIA may attempt to effect compromise in accordance with the 
standards set forth in part 103 of the Federal Claims Collection 
Standards (4 CFR part 103).



Sec. 512.14  Suspending or terminating collection action.

    The suspension or termination of collection action shall be made in 
accordance with the standards set forth in part 104 of the Federal 
Claims Collection Standard (4 CFR part 104).

[[Page 153]]



Sec. 512.15  Referrals to the Department of Justice or the General Accounting Office.

    Referrals to the Department of Justice or the General Accounting 
Office shall be made in accordance with the standards set forth in part 
105 of the Federal Claims Collection Standards (4 CFR part 105).



Sec. 512.16  Collection services.

    (a) USIA has authority to contract for collection services to 
recover delinquent debts in accordance with 31 U.S.C. 3718(c) and 4 CFR 
102.6.
    (b) Contracts with collection agencies will provide that:
    (1) The authority to resolve disputes, compromise claims, suspend or 
terminate collection action, and refer the matter to the Justice 
Department for litigation will be retained by USIA;
    (2) Contractors are subject to 5 U.S.C. 552a, the Privacy Act of 
1974, as amended, to the extent specified in 5 U.S.C. 552a(m) and to 
applicable Federal and State laws and regulations pertaining to debt 
collection practices, such as the Fair Debt Collection Practices Act, 15 
U.S.C. 1692;
    (3) The contractor is required to strictly account for all amounts 
collected;
    (4) The contractor must agree that uncollectible accounts shall be 
returned with appropriate documentation to enable USIA to determine 
whether to pursue collection through litigation or to terminate 
collection;
    (5) The contractor must agree to provide any data in its files 
relating to paragraphs (a)(1), (2), and (3) of Sec. 105.2 of the Federal 
Claims Collection Standards (4 CFR part 105) upon returning the account 
to USIA for subsequent referral to the Department of Justice for 
litigation.
    (c) USIA will not use a collection agency to collect a debt owed by 
a currently employed or retired Federal employee, if collection by 
salary or annuity offset is available.



                        Subpart C--Salary Offset



Sec. 512.17  Purpose.

    This subpart provides the standards to be followed by USIA in 
implementing 5 U.S.C. 5514 to recover a debt from the pay of an Agency 
employee or former employee, and establishes the procedural guidelines 
to recover debts when the employee's creditor and paying agencies are 
not the same.

[52 FR 43897, Nov. 17, 1987, as amended at 55 FR 3050, Jan. 30, 1990]



Sec. 512.18  Scope.

    (a) Coverage. This subpart applies to Executive agencies, military 
departments, an agency or court in the judicial branch, an agency of the 
legislative branch and other independent entities of the Federal 
Government as defined in 5 CFR 550.1103, under the heading ``Agency''.
    (b) Applicability. This subpart and 5 U.S.C. 5514 apply in 
recovering debts by offset without the employee's consent from the 
current pay of that employee. Debt collection procedures which are not 
specified in 5 U.S.C. 5514 and these regulations will be consistent with 
the Federal Claims Collection Standards (4 CFR parts 101-105).
    (1) The procedures contained in this subpart do not apply to debts 
or claims arising under the Internal Revenue Code of 1954 as amended (26 
U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), or 
the tariff laws of the United States or to any case where collection of 
a debt is explicitly provided for or prohibited by another statute 
(e.g., travel advances in 5 U.S.C. 5705).
    (2) This subpart does not preclude an employee from requesting a 
waiver of a salary overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 
32 U.S.C. 716, or in any way questioning the amount or validity of a 
debt by submitting a subsequent claim to the General Accounting Office 
in accordance with procedures prescribed by the General Accounting 
Officer, nor does it preclude an employee from requesting waiver when 
waiver is available under any statutory provision.

[52 FR 43897, Nov. 17, 1987, as amended at 55 FR 3051, Jan. 30, 1990]



Sec. 512.19  Definitions.

    For purposes of this subpart:
    Agency means the United States Information agency (USIA).
    Creditor Agency means the agency to which the debt is owed.

[[Page 154]]

    Debt means an amount owed to the United States.
    Disposable Pay means that part of current basic pay, special pay, 
incentive pay, retired pay, retainer pay or authorized pay remaining 
after the deduction of any amount required to be withheld by law. The 
Agency will exclude deductions described in 5 CFR 581.105 (b) through 
(f) to determine disposable pay subject to salary offset.
    Employee means a current employee of USIA or of another Executive 
Agency.
    Executive Agency means:
    (a) An Executive Agency as defined in section 105 of title 5, United 
States Code, including the U.S. Postal Service and the U.S. Postal Rate 
Commission;
    (b) A military department as defined in section 102 of title 5, 
United States Code;
    (c) An agency or court in the judicial branch, including a court as 
defined in section 610 of title 28, United States Code, the District 
Court for the Northern Mariana Islands, and the Judicial Panel on 
Multidistrict Litigation;
    (d) An agency of the legislative branch, including the U.S. Senate 
and the U.S. House of Representatives; and
    (e) Other independent establishments that are entities of the 
Federal Government.
    FCCS means the Federal Claims Collection Standards jointly published 
by the Justice Department and the General Accounting Office at 4 CFR 
parts 101-105.
    Paying agency means the agency employing the individual and 
authorizing the payment of his or her current pay.
    Salary offset means an administrative offset to collect a debt under 
5 U.S.C. 5514 by deductions at one or more officially established pay 
intervals from the current pay account of an employee without his or her 
consent.
    Waiver means the cancellation, remission, forgiveness, or non-
recovery of a debt allegedly owed by an employee to an agency as 
permitted or required by U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 710, 
5 U.S.C. 8346(b), or any other law.

[52 FR 43897, Nov. 17, 1987, as amended at 55 FR 3051, Jan. 30, 1990]



Sec. 512.20  Notification.

    (a) Salary offset deductions shall not be made unless the Director, 
Financial Operations Division of USIA, or such other official as may be 
named in the future by the Director of USIA, provides to the employee a 
written notice, 30 calendar days prior to any deduction, stating at a 
minimum:
    (1) The Agency's determination that a debt is owed including the 
nature, origin, and amount of the debt;
    (2) The Agency's intent to collect the debt by means of deduction 
from the employee's current disposable pay account;
    (3) The amount, frequency and proposed beginning date and duration 
of the intended deductions;
    (4) An explanation of the Agency's policy concerning interest, 
penalties, and administrative costs;
    (5) The employee's right to inspect and copy Government records 
pertaining to the debt;
    (6) The opportunity to establish a schedule for the voluntary 
repayment of the debt or to enter into a written agreement to establish 
a schedule for repayment in lieu of offset per the requirements of 4 CFR 
102.2(e).
    (7) The employee's right to a hearing arranged by the Agency and 
conducted by an administrative law judge or, alternatively, an official 
not under the control of the head of the Agency;
    (8) The method and time period for filing a petition for a hearing;
    (9) That timely filing of the petition will stay the commencement of 
collection proceedings;
    (10) That final decision on the hearing will be issued not later 
than 60 days after the filing of the petition for hearing unless the 
employee requests and the hearing officer grants a delay in the 
proceedings.
    (11) That knowingly false, misleading, or frivolous statements, 
representations or evidence may subject the employee to:
    (i) Disciplinary procedures under chapter 75 of title 5, United 
States Code or any other applicable statutes;
    (ii) Penalties under the False Claims Act, sections 3729-3731 of 
title 31 U.S.C. or any other applicable statutes.

[[Page 155]]

    (iii) Criminal penalties under sections 286, 287, 1001, 1002 of 
title 18 United States Code or any other applicable statutes.
    (12) Any other rights or remedies available to the employee, 
including representation by counsel or his respective bargaining unit, 
under the statutes or regulations governing the program for which 
collection is being made.
    (13) That amounts paid on or deducted for the debts that are later 
waived or found not owed to the United States will be promptly refunded 
to the employee.
    (b) Notifications under this section shall be hand delivered with a 
record made of the delivery, or shall be mailed certified mail with 
return receipt requested.
    (c) No notification hearing, written responses or final decisions 
under this regulation are required of USIA for any adjustment to pay 
arising from an employee's election of coverage under a Federal benefit 
program requiring periodic deductions from pay, if the amount to be 
recovered was accumulated over four pay periods or less.



Sec. 512.21  Hearing.

    (a) Petition for hearing. (1) A hearing may be requested by filing a 
written petition with the Director, Financial Operations Division of 
USIA, or such other official as may be named in the future by the 
Director of USIA, stating why the employee believes the Agency's 
determination of the existence or amount of the debt is in error.
    (2) The petition must be signed by the employee and fully identify 
and explain with reasonable specificity all the facts, evidence and 
witnesses which the employee believes support his or her position.
    (3) The petition must be filed no later than fifteen (15) calendar 
days from the date the notification under Sec. 512.20(b) was hand 
delivered or the date of delivery by certified mail.
    (4) Where petition is received after the 15 calendar day limit, USIA 
will accept the petition if the employee can show that the delay was 
beyond his or her control or because of failure to receive notice.
    (5) If the petition is not filed within the time limit, and is not 
accepted pursuant to paragraph (a)(4) of this section, the employee's 
right to hearing will be considered waived, and salary offset will be 
implemented.
    (b) Type of hearing. (1) The form and content of the hearing will be 
determined by the hearing official who shall be a person outside the 
control or authority of USIA.
    (2) The employee may represent him or herself, or may be represented 
by counsel.
    (3) The hearing official shall maintain a summary record of the 
hearing.
    (4) The hearing official will prepare a written decision which will 
state:
    (i) The facts purported to evidence nature and origin of the alleged 
debt;
    (ii) The hearing official's analysis, findings, and conclusions 
relative to:
    (A) The employee's and/or the Agency's grounds;
    (B) The amount and the validity of the alleged debt;
    (C) The repayment schedule, if applicable.
    (5) The decision of the hearing official shall constitute the final 
administrative decision of the Agency.



Sec. 512.22  Deduction from pay.

    (a) Deduction by salary offset, from an employee's disposable 
current pay, shall be subject to the following circumstances:
    (1) When funds are available, the Agency will collect debts owed the 
United States in full in one lump-sum. If funds are not available or the 
debt exceeds 15% of disposable pay for an officially established pay 
interval, collection will normally be made in installments.
    (2) The installments shall not exceed 15% of the disposable pay from 
which the deduction is made, unless the employee has agreed in writing 
to a larger amount.
    (3) Deduction will commence with the next full pay interval 
following notice that deductions will commence.
    (4) Installment deductions will not be made over a period greater 
than the anticipated period of employment.

[52 FR 43897, Nov. 17, 1987, as amended at 55 FR 3051, Jan. 30, 1990]

[[Page 156]]



Sec. 512.23  Liquidation from final check or recovery from other payment.

    (a) If an employee retires or resigns before collection of the debt 
is completed, offset of the entire remaining balance may be made from a 
final payment of any nature to such extent as is necessary to liquidate 
the debt.
    (b) Where debt cannot be liquidated by offset from final payment, 
offset may be made from later payments of any kind due from the United 
States inclusive of Civil Service Retirement and Disability Fund 
pursuant to 5 U.S.C. 8347 and 5 CFR 831.1801 et seq of this regulation.

[52 FR 43897, Nov. 17, 1987, as amended at 55 FR 3051, Jan. 30, 1990]



Sec. 512.24  Non-waiver of rights by payments.

    An employee's voluntary payment of all or part of a debt being 
collected under 5 U.S.C. 5514 shall not be construed as a waiver of any 
rights which the employee may have under 5 U.S.C., or any other 
provision of contract or law, unless statutory or contractual provisions 
provide to the contrary.



Sec. 512.25  Refunds.

    (a) Refunds shall be promptly made when:
    (1) A debt is waived or otherwise found not to be owed to the United 
States; or
    (2) The employee's paying agency is directed by an administrative or 
judicial order to refund amounts deducted from his or her current pay.
    (b) Refunds do not bear interest unless required or permitted by law 
or contract.



Sec. 512.26  Interest, penalties, and administrative costs.

    The assessment of interest, penalties and administrative costs shall 
be in accordance with subpart D of this regulation.



Sec. 512.27  Recovery when paying agency is not creditor agency.

    (a) Format for request for recovery. (1) Upon completion of the 
procedures prescribed under 5 CFR 550.1104 and its own regulations, the 
creditor agency shall certify the debt in writing to the paying agency.
    (2) The creditor agency shall certify in writing that the employee 
owes the debt, the amount and basis of the debt; the date on which 
payment is due, the date the Government's right to collect first 
accrued, and that the creditor agency's regulations implementing section 
5514 have been approved by OPM.
    (3) If collection must be made in installments, the creditor agency 
must advise the paying agency of the number of installments to be 
collected, the amount of each installment, and the commencing date of 
the first installment.
    (b) Submitting the request for recovery.--(1) Current employees. The 
creditor agency shall submit the debt claim, agreement, or other 
instruction on the payment schedule to the employee's paying agency.
    (2) Separated employees.--(i) Employees who are in the process of 
separating. If the employee is in the process of separating, the 
creditor agency will submit its debt claim to the employee's paying 
agency for collection as provided in Secs. 512.22 and 512.23. The paying 
agency shall certify the total amount of its collection and notify the 
creditor agency and the employee as provided in paragraph (b)(2)(iii) of 
this section. Where the paying agency is aware that the employee is 
entitled to payments from the Civil Service Retirement and Disability 
Fund, it will send a copy of the certified debt claim to the agency 
responsible for making such payments as notice that a debt is 
outstanding. It is the responsibility of the creditor agency for 
pursuing the claim.
    (ii) Employees who have already separated. If the employee is 
already separated and all payments due from his or her former paying 
agency have been paid, the creditor agency may request that monies which 
are due and payable to the employee from the Civil Service Retirement 
and Disability Fund (5 CFR 831.1801) or other similar funds be 
administratively offset in order to collect the debt (31 U.S.C. 3716 and 
the FCCS).
    (iii) Employees who transfer from one paying agency to another. If 
an employee transfers to a position served by a different paying agency 
subsequent to the creditor agency's debt claim but

[[Page 157]]

before complete collection, the paying agency from which the employee 
separates shall certify the total of collection made on the debt. One 
copy of the certification will be supplied to the employee, and another 
to the creditor agency with notice of the employee's transfer. The 
original shall be inserted in the employees official personnel folder. 
The creditor agency shall submit a properly certified claim to the new 
paying agency before collection can be resumed. The paying agency will 
then resume collection from the employee's current pay account, and 
notify the employee and the creditor agency of the resumption. The 
creditor agency will not need to repeat the due process procedure 
described by 5 U.S.C. 5514 and 5 CFR 550.1101 et seq.'' Upon settlement 
or repayment of the debt all records of the debt will be removed from 
official personnel records.
    (c) Processing the debt claim upon receipt by the paying agency:
    (1) Incomplete claims. If the paying agency receives an improperly 
completed debt certification, it shall return the request with a notice 
that procedures under 5 CFR 550.1101 et seq. and the creditor agency's 
own regulations must be completed and a properly completed debt 
certification form received before action will be taken to effect 
collection.
    (2) Complete claim. If the paying agency receives a properly 
completed debt form, deductions will begin prospectively at the next 
officially established pay interval. A copy of the debt form will be 
given to the debtor along with notice of the date deductions will 
commence.
    (3) The paying agency is not required or authorized to review the 
merits of the creditor agency's determination with respect to the amount 
or validity of the debt as stated in the debt claim.

[52 FR 43897, Nov. 17, 1987, as amended at 55 FR 3051, Jan. 30, 1990]



        Subpart D--Interest, Penalties, and Administrative Costs



Sec. 512.28  Assessment.

    (a) Except as provided in paragraph (h) of this section, or 
Sec. 512.29, USIA shall assess interest, penalties, and administrative 
costs on debts owed to the United States pursuant to 31 U.S.C. 3717. 
Before assessing these charges, USIA will mail or hand deliver a written 
notice to the debtor. This notice will include a statement of the 
Agency's requirements concerning Secs. 512.9 and 512.21.
    (b) Interest shall accrue from the date on which notice of the debt 
is first mailed or hand-delivered to the debtor, using the most current 
address available to the Agency.
    (c) The rate of interest assessed shall be the rate of the current 
value of funds to the United States Treasury (i.e., the Treasury Tax and 
Loan account rate), as prescribed and published by the Secretary of the 
Treasury in the Federal Register and the Treasury Fiscal Requirements 
Manual Bulletins annually or quarterly, in accordance with 31 U.S.C. 
3717. The rate of interest as initially assessed shall remain fixed for 
the duration of the indebtedness. However, in cases where the debtor has 
defaulted on a repayment agreement and seeks a new agreement, USIA may 
set a new rate which reflects the current value of funds to the Treasury 
at the time the agreement is executed. Interest will not be assessed on 
interest, penalties, or administrative costs required by this section.
    (d) USIA shall assess charges to cover administrative costs incurred 
as a result of a delinquent debt. Calculation of administrative costs 
shall be based upon actual costs incurred. Administrative costs include 
costs incurred to obtain credit reports in the case of employee debt or 
in using a private debt collector in the case of non-employee debt.
    (e) USIA shall assess a penalty charge not to exceed 6% per year on 
any portion of a debt that is delinquent for more than 90 days. This 
charge need not be calculated until the 91st day of delinquency, but 
shall accrue from the date that the debt became delinquent.
    (f) When a debt is paid in partial or installment payments, amounts 
received shall be applied first to the outstanding penalty and 
administrative cost charges, second to accrued interest and third to 
outstanding principal.
    (g) USIA will waive the collection of interest on the debt or any 
portion of

[[Page 158]]

the debt that is paid within 30 days after the date on which interest 
began to accrue. USIA may extend this 30-day period, on a case-by-case 
basis, if it reasonably determines such action is appropriate. USIA may 
also waive in whole or in part the collection of interest, penalties, 
and administrative costs assessed under this section per the criteria 
specified in part 103 of the Federal Claims Collection Standards (4 CFR 
part 103) relating to the compromise of claims or if the Agency 
determines that collection of these charges is not in the best interest 
of the United States. Waiver under the first sentence of this paragraph 
is mandatory. Under the second and third sentences, it may be exercised 
under the following circumstances:
    (1) Waiver of interest pending consideration of a request for 
reconsideration, administrative review, or waiver of the underlying debt 
under a permissive statute, and
    (2) Waiver of interest where USIA has accepted an installment plan 
under Sec. 512.12, there is no indication of fault or lack of good faith 
on the part of the debtor and the amount of the interest is large 
enough, in relation to the size of the installments that the debtor can 
reasonably afford to pay, that the debt will never be repaid.
    (h) Where a mandatory waiver or review statute applies, interest and 
related charges may not be assessed for those periods during which 
collection must be suspended under Sec. 104.2(c)(1) of the Federal 
Claims Collection Standards (4 CFR part 104).



Sec. 512.29  Exemptions.

    (a) The provisions of 31 U.S.C. 3717 do not apply--
    (1) To debts owned by any State or local government;
    (2) To debt arising under contracts which were executed prior to, 
and were in effect on October 25, 1982;
    (3) To debts where an applicable statute, loan agreement, or 
contract either prohibits such charges or explicitly fixes the charges 
that apply to the debts arising under the Social Security Act, the 
Internal Revenue Code of 1954, or the tariff laws of the United States.
    (b) However USIA is authorized to assess interest and related 
charges on debts which are not subject to 31 U.S.C. 3717 to the extent 
authorized under the common law or other applicable statutory authority.



PART 513--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents




                           Subpart A--General

Sec.
513.100  Purpose.
513.105  Definitions.
513.110  Coverage.
513.115  Policy.

                       Subpart B--Effect of Action

513.200  Debarment or suspension.
513.205  Ineligible persons.
513.210  Voluntary exclusion.
513.215  Exception provision.
513.220  Continuation of covered transactions.
513.225  Failure to adhere to restrictions.

                          Subpart C--Debarment

513.300  General.
513.305  Causes for debarment.
513.310  Procedures.
513.311  Investigation and referral.
513.312  Notice of proposed debarment.
513.313  Opportunity to contest proposed debarment.
513.314  Debarring official's decision.
513.315  Settlement and voluntary exclusion.
513.320  Period of debarment.
513.325  Scope of debarment.

                          Subpart D--Suspension

513.400  General.
513.405  Causes for suspension.
513.410  Procedures.
513.411  Notice of suspension.
513.412  Opportunity to contest suspension.
513.413  Suspending official's decision.
513.415  Period of suspension.
513.420  Scope of suspension.

       Subpart E--Responsibilities of GSA, Agency and Participants

513.500  GSA responsibilities.
513.505  USIA responsibility.
513.510  Participants' responsibilities.

          Subpart F--Drug-Free Workplace Requirements (Grants)

513.600  Purpose.

[[Page 159]]

513.605  Definitions.
513.610  Coverage.
513.615  Grounds for suspension of payments, suspension or termination 
          of grants, or suspension or debarment.
513.620  Effect of violation.
513.625  Exception provision.
513.630  Certification requirements and procedures.
513.635  Reporting of and employee sanctions for convictions of criminal 
          drug offenses.

Appendix A to Part 513--Certification Regarding Debarment, Suspension, 
          and Other Responsibility Matters--Primary Covered Transactions
Appendix B to Part 513--Certification Regarding Debarment, Suspension, 
          Ineligibility and Voluntary Exclusion--Lower Tier Covered 
          Transactions
Appendix C to Part 513--Certification Regarding Drug-Free Workplace 
          Requirements

    Authority: 40 U.S.C. 486 (c); 41 U.S.C. 701 et seq.; Sec. 2455, Pub. 
L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E. O. 12549, 3 CFR, 
1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 comp., p. 235.

    Source: 53 FR 19179, 19204, May 26, 1988, unless otherwise noted.

    Cross Reference: See also Office of Management and Budget notice 
published at 55 FR 21679, May 25, 1990, and 60 FR 33036, June 26, 1995.



                           Subpart A--General



Sec. 513.100  Purpose.

    (a) Executive Order (E.O.) 12549 provides that, to the extent 
permitted by law, Executive departments and agencies shall participate 
in a governmentwide system for nonprocurement debarment and suspension. 
A person who is debarred or suspended shall be excluded from Federal 
financial and nonfinancial assistance and benefits under Federal 
programs and activities. Debarment or suspension of a participant in a 
program by one agency shall have governmentwide effect.
    (b) These regulations implement section 3 of E.O. 12549 and the 
guidelines promulgated by the Office of Management and Budget under 
section 6 of the E.O. by:
    (1) Prescribing the programs and activities that are covered by the 
governmentwide system;
    (2) Prescribing the governmentwide criteria and governmentwide 
minimum due process procedures that each agency shall use;
    (3) Providing for the listing of debarred and suspended 
participants, participants declared ineligible (see definition of 
``ineligible'' in Sec. 513.105), and participants who have voluntarily 
excluded themselves from participation in covered transactions;
    (4) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion; and
    (5) Offering such other guidance as necessary for the effective 
implementation and administration of the governmentwide system.
    (c) These regulations also implement Executive Order 12689 (3 CFR, 
1989 Comp., p. 235) and 31 U.S.C. 6101 note (Public Law 103-355, sec. 
2455, 108 Stat. 3327) by--
    (1) Providing for the inclusion in the List of Parties Excluded from 
Federal Procurement and Nonprocurement Programs all persons proposed for 
debarment, debarred or suspended under the Federal Acquisition 
Regulation, 48 CFR Part 9, subpart 9.4; persons against which 
governmentwide exclusions have been entered under this part; and persons 
determined to be ineligible; and
    (2) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion.
    (d) Although these regulations cover the listing of ineligible 
participants and the effect of such listing, they do not prescribe 
policies and procedures governing declarations of ineligibility.

[60 FR 33040, 33045, June 26, 1995]



Sec. 513.105  Definitions.

    The following definitions apply to this part:
    Adequate evidence. Information sufficient to support the reasonable 
belief that a particular act or omission has occurred.
    Affiliate. Persons are affiliates of each other if, directly or 
indirectly, either one controls or has the power to control the other, 
or, a third person controls or has the power to control both. Indicia of 
control include, but are

[[Page 160]]

not limited to: interlocking management or ownership, identity of 
interests among family members, shared facilities and equipment, common 
use of employees, or a business entity organized following the 
suspension or debarment of a person which has the same or similar 
management, ownership, or principal employees as the suspended, 
debarred, ineligible, or voluntarily excluded person.
    Agency. Any executive department, military department or defense 
agency or other agency of the executive branch, excluding the 
independent regulatory agencies.
    Civil judgment. The disposition of a civil action by any court of 
competent jurisdiction, whether entered by verdict, decision, 
settlement, stipulation, or otherwise creating a civil liability for the 
wrongful acts complained of; or a final determination of liability under 
the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-12).
    Conviction. A judgment or conviction of a criminal offense by any 
court of competent jurisdiction, whether entered upon a verdict or a 
plea, including a plea of nolo contendere.
    Debarment. An action taken by a debarring official in accordance 
with these regulations to exclude a person from participating in covered 
transactions. A person so excluded is ``debarred.''
    Debarring official. An official authorized to impose debarment. The 
debarring official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Indictment. Indictment for a criminal offense. An information or 
other filing by competent authority charging a criminal offense shall be 
given the same effect as an indictment.
    Ineligible. Excluded from participation in Federal nonprocurement 
programs pursuant to a determination of ineligibility under statutory, 
executive order, or regulatory authority, other than Executive Order 
12549 and its agency implementing regulations; for exemple, excluded 
pursuant to the Davis-Bacon Act and its implementing regulations, the 
equal employment opportunity acts and executive orders, or the 
environmental protection acts and executive orders. A person is 
ineligible where the determination of ineligibility affects such 
person's eligibility to participate in more than one covered 
transaction.
    Legal proceedings. Any criminal proceeding or any civil judicial 
proceeding to which the Federal Government or a State or local 
government or quasi-governmental authority is a party. The term includes 
appeals from such proceedings.
    List of Parties Excluded from Federal Procurement and Nonprocurement 
Programs. A list compiled, maintained and distributed by the General 
Services Administration (GSA) containing the names and other information 
about persons who have been debarred, suspended, or voluntarily excluded 
under Executive Orders 12549 and 12689 and these regulations or 48 CFR 
part 9, subpart 9.4, persons who have been proposed for debarment under 
48 CFR part 9, subpart 9.4, and those persons who have been determined 
to be ineligible.
    Notice. A written communication served in person or sent by 
certified mail, return receipt requested, or its equivalent, to the last 
known address of a party, its identified counsel, its agent for service 
of process, or any partner, officer, director, owner, or joint venturer 
of the party. Notice, if undeliverable, shall be considered to have been 
received by the addressee five days after being properly sent to the 
last address known by the agency.
    Participant. Any person who submits a proposal for, enters into, or 
reasonably may be expected to enter into a covered transaction. This 
term also includes any person who acts on behalf of or is authorized to 
commit a participant in a covered transaction as an agent or 
representative of another participant.
    Person. Any individual, corporation, partnership, association, unit 
of government or legal entity, however organized, except: foreign 
governments or foreign governmental entities, public international 
organizations, foreign government owned (in whole or in part) or 
controlled entities, and entities consisting wholly or partially of 
foreign governments or foreign governmental entities.

[[Page 161]]

    Preponderance of the evidence. Proof by information that, compared 
with that opposing it, leads to the conclusion that the fact at issue is 
more probably true than not.
    Principal. Officer, director, owner, partner, key employee, or other 
person within a participant with primary management or supervisory 
responsibilities; or a person who has a critical influence on or 
substantive control over a covered transaction, whether or not employed 
by the participant. Persons who have a critical influence on or 
substantive control over a covered transaction are:
    (1) Principal investigators.
    Proposal. A solicited or unsolicited bid, application, request, 
invitation to consider or similar communication by or on behalf of a 
person seeking to participate or to receive a benefit, directly or 
indirectly, in or under a covered transaction.
    Respondent. A person against whom a debarment or suspension action 
has been initiated.
    State. Any of the States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, any territory or possession 
of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of local 
government. A State instrumentality will be considered part of the State 
government if it has a written determination from a State government 
that such State considers that instrumentality to be an agency of the 
State government.
    Suspending official. An official authorized to impose suspension. 
The suspending official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Suspension. An action taken by a suspending official in accordance 
with these regulations that immediately excludes a person from 
participating in covered transactions for a temporary period, pending 
completion of an investigation and such legal, debarment, or Program 
Fraud Civil Remedies Act proceedings as may ensue. A person so excluded 
is ``suspended.''
    Voluntary exclusion or voluntarily excluded. A status of 
nonparticipation or limited participation in covered transactions 
assumed by a person pursuant to the terms of a settlement.
    USIA. United States Information Agency.

[53 FR 19204, 19179, May 26, 1988, as amended at 60 FR 33041, 33045, 
June 26, 1995]



Sec. 513.110  Coverage.

    (a) These regulations apply to all persons who have participated, 
are currently participating or may reasonably be expected to participate 
in transactions under Federal nonprocurement programs. For purposes of 
these regulations such transactions will be referred to as ``covered 
transactions.''
    (1) Covered transaction. For purposes of these regulations, a 
covered transaction is a primary covered transaction or a lower tier 
covered transaction. Covered transactions at any tier need not involve 
the transfer of Federal funds.
    (i) Primary covered transaction. Except as noted in paragraph (a)(2) 
of this section, a primary covered transaction is any nonprocurement 
transaction between an agency and a person, regardless of type, 
including: grants, cooperative agreements, scholarships, fellowships, 
contracts of assistance, loans, loan guarantees, subsidies, insurance, 
payments for specified use, donation agreements and any other 
nonprocurement transactions between a Federal agency and a person. 
Primary covered transactions also include those transactions specially 
designated by the U.S. Department of Housing and Urban Development in 
such agency's regulations governing debarment and suspension.
    (ii) Lower tier covered transaction. A lower tier covered 
transaction is:
    (A) Any transaction between a participant and a person other than a 
procurement contract for goods or services, regardless of type, under a 
primary covered transaction.
    (B) Any procurement contract for goods or services between a 
participant and a person, regardless of type, expected to equal or 
exceed the Federal procurement small purchase threshold fixed at 10 
U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a primary 
covered transaction.

[[Page 162]]

    (C) Any procurement contract for goods or services between a 
participant and a person under a covered transaction, regardless of 
amount, under which that person will have a critical influence on or 
substantive control over that covered transaction. Such persons are:
    (1) Principal investigators.
    (2) Providers of federally-required audit services.
    (2) Exceptions. The following transactions are not covered:
    (i) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (ii) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, entities 
consisting wholly or partially of foreign governments or foreign 
governmental entities;
    (iii) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (iv) Federal employment;
    (v) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (vi) Incidental benefits derived from ordinary governmental 
operations; and
    (vii) Other transactions where the application of these regulations 
would be prohibited by law.
    (b) Relationship to other sections. This section describes the types 
of transactions to which a debarment or suspension under the regulations 
will apply. Subpart B, ``Effect of Action,'' 513.200, ``Debarment or 
suspension,'' sets forth the consequences of a debarment or suspension. 
Those consequences would obtain only with respect to participants and 
principals in the covered transactions and activities described in 
513.110(a). Sections 513.325, ``Scope of debarment,'' and 513.420, 
``Scope of suspension,'' govern the extent to which a specific 
participant or organizational elements of a participant would be 
automatically included within a debarment or suspension action, and the 
conditions under which affiliates or persons associated with a 
participant may also be brought within the scope of the action.
    (c) Relationship to Federal procurement activities. In accordance 
with E.O. 12689 and section 2455 of Public Law 103-355, any debarment, 
suspension, proposed debarment or other governmentwide exclusion 
initiated under the Federal Acquisition Regulation (FAR) on or after 
August 25, 1995 shall be recognized by and effective for Executive 
Branch agencies and participants as an exclusion under this regulation. 
Similarly, any debarment, suspension or other governmentwide exclusion 
initiated under this regulation on or after August 25, 1995 shall be 
recognized by and effective for those agencies as a debarment or 
suspension under the FAR.

[53 FR 19179, 19204, May 26, 1988, as amended at 60 FR 33041, 33045, 
June 26, 1995]



Sec. 513.115  Policy.

    (a) In order to protect the public interest, it is the policy of the 
Federal Government to conduct business only with responsible persons. 
Debarment and suspension are discretionary actions that, taken in 
accordance with Executive Order 12549 and these regulations, are 
appropriate means to implement this policy.
    (b) Debarment and suspension are serious actions which shall be used 
only in the public interest and for the Federal Government's protection 
and not for purposes of punishment. Agencies may impose debarment or 
suspension for the causes and in accordance with the procedures set 
forth in these regulations.
    (c) When more than one agency has an interest in the proposed 
debarment or suspension of a person, consideration shall be given to 
designating one agency as the lead agency for making the decision. 
Agencies are encouraged to establish methods and procedures for 
coordinating their debarment or suspension actions.

[[Page 163]]



                       Subpart B--Effect of Action



Sec. 513.200  Debarment or suspension.

    (a) Primary covered transactions. Except to the extent prohibited by 
law, persons who are debarred or suspended shall be excluded from 
primary covered transactions as either participants or principals 
throughout the Executive Branch of the Federal Government for the period 
of their debarment, suspension, or the period they are proposed for 
debarment under 48 CFR part 9, subpart 9.4. Accordingly, no agency shall 
enter into primary covered transactions with such excluded persons 
during such period, except as permitted pursuant to Sec. 513.215.
    (b) Lower tier covered transactions. Except to the extent prohibited 
by law, persons who have been proposed for debarment under 48 CFR part 
9, subpart 9.4, debarred or suspended shall be excluded from 
participating as either participants or principals in all lower tier 
covered transactions (see Sec. 513.110(a)(1)(ii)) for the period of 
their exclusion.
    (c) Exceptions. Debarment or suspension does not affect a person's 
eligibility for--
    (1) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (2) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, and 
entities consisting wholly or partially of foreign governments or 
foreign governmental entities;
    (3) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (4) Federal employment;
    (5) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (6) Incidental benefits derived from ordinary governmental 
operations; and
    (7) Other transactions where the application of these regulations 
would be prohibited by law.

[60 FR 33041, 33045, June 26, 1995]



Sec. 513.205  Ineligible persons.

    Persons who are ineligible, as defined in Sec. 513.105(i), are 
excluded in accordance with the applicable statutory, executive order, 
or regulatory authority.



Sec. 513.210  Voluntary exclusion.

    Persons who accept voluntary exclusions under Sec. 513.315 are 
excluded in accordance with the terms of their settlements. USIA shall, 
and participants may, contact the original action agency to ascertain 
the extent of the exclusion.



Sec. 513.215  Exception provision.

    USIA may grant an exception permitting a debarred, suspended, or 
voluntarily excluded person, or a person proposed for debarment under 48 
CFR part 9, subpart 9.4, to participate in a particular covered 
transaction upon a written determination by the agency head or an 
authorized designee stating the reason(s) for deviating from the 
Presidential policy established by Executive Order 12549 and 
Sec. 513.200. However, in accordance with the President's stated 
intention in the Executive Order, exceptions shall be granted only 
infrequently. Exceptions shall be reported in accordance with 
Sec. 513.505(a).

[60 FR 33041, 33045, June 26, 1995]



Sec. 513.220  Continuation of covered transactions.

    (a) Notwithstanding the debarment, suspension, proposed debarment 
under 48 CFR part 9, subpart 9.4, determination of ineligibility, or 
voluntary exclusion of any person by an agency, agencies and 
participants may continue covered transactions in existence at the time 
the person was debarred, suspended, proposed for debarment under 48 CFR 
part 9, subpart 9.4, declared ineligible, or voluntarily excluded. A 
decision as to the type of termination action, if any, to be taken 
should be made only after thorough review to ensure the propriety of the 
proposed action.

[[Page 164]]

    (b) Agencies and participants shall not renew or extend covered 
transactions (other than no-cost time extensions) with any person who is 
debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 
9.4, ineligible or voluntary excluded, except as provided in 
Sec. 513.215.

[60 FR 33041, 33045, June 26, 1995]



Sec. 513.225  Failure to adhere to restrictions.

    (a) Except as permitted under Sec. 513.215 or Sec. 513.220, a 
participant shall not knowingly do business under a covered transaction 
with a person who is--
    (1) Debarred or suspended;
    (2) Proposed for debarment under 48 CFR part 9, subpart 9.4; or
    (3) Ineligible for or voluntarily excluded from the covered 
transaction.
    (b) Violation of the restriction under paragraph (a) of this section 
may result in disallowance of costs, annulment or termination of award, 
issuance of a stop work order, debarment or suspension, or other 
remedies as appropriate.
    (c) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, proposed for debarment under 48 
CFR part 9, subpart 9.4, ineligible, or voluntarily excluded from the 
covered transaction (See appendix B of these regulations), unless it 
knows that the certification is erroneous. An agency has the burden of 
proof that a participant did knowingly do business with a person that 
filed an erroneous certification.

[60 FR 33041, 33045, June 26, 1995]



                          Subpart C--Debarment



Sec. 513.300  General.

    The debarring official may debar a person for any of the causes in 
Sec. 513.30, using procedures established in Secs. 513.310 through 
513.314. The existence of a cause for debarment, however, does not 
necessarily require that the person be debarred; the seriousness of the 
person's acts or omissions and any mitigating factors shall be 
considered in making any debarment decision.



Sec. 513.305  Causes for debarment.

    Debarment may be imposed in accordance with the provisions of 
Secs. 513.300 through 513.314 for:
    (a) Conviction of or civil judgment for:
    (1) Commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public or private 
agreement or transaction;
    (2) Violation of Federal or State antitrust statutes, including 
those proscribing price fixing between competitors, allocation of 
customers between competitors, and bid rigging;
    (3) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, 
receiving stolen property, making false claims, or obstruction of 
justice; or
    (4) Commission of any other offense indicating a lack of business 
integrity or business honesty that seriously and directly affects the 
present responsibility of a person.
    (b) Violation of the terms of a public agreement or transaction so 
serious as to affect the integrity of an agency program, such as:
    (1) A willful failure to perform in accordance with the terms of one 
or more public agreements or transactions;
    (2) A history of failure to perform or of unsatisfactory performance 
of one or more public agreements or transactions; or
    (3) A willful violation of a statutory or regulatory provision or 
requirement applicable to a public agreement or transaction.
    (c) Any of the following causes:
    (1) A nonprocurement debarment by any Federal agency taken before 
October 1, 1988, the effective date of these regulations, or a 
procurement debarment by any Federal agency taken pursuant to 48 CFR 
subpart 9.4;
    (2) Knowingly doing business with a debarred, suspended, ineligible, 
or voluntarily excluded person, in connection with a covered 
transaction, except as permitted in Sec. 513.215 or Sec. 513.220;
    (3) Failure to pay a single substantial debt, or a number of 
outstanding debts (including disallowed costs and overpayments, but not 
including sums owed

[[Page 165]]

the Federal Government under the Internal Revenue Code) owed to any 
Federal agency or instrumentality, provided the debt is uncontested by 
the debtor or, if contested, provided that the debtor's legal and 
administrative remedies have been exhausted;
    (4) Violation of a material provision of a voluntary exclusion 
agreement entered into under Sec. 513.315 or of any settlement of a 
debarment or suspension action; or
    (5) Violation of any requirement of subpart F of this part, relating 
to providing a drug-free workplace, as set forth in Sec. 513.615 of this 
part.
    (d) Any other cause of so serious or compelling a nature that it 
affects the present responsibility of a person.

[53 FR 19179, 19204, May 26, 1988, as amended at 54 FR 4950, 4955, Jan. 
31, 1989]



Sec. 513.310  Procedures.

    USIA shall process debarment actions as informally as practicable, 
consistent with the principles of fundamental fairness, using the 
procedures in Secs. 513.311 through 513.314.



Sec. 513.311  Investigation and referral.

    Information concerning the existence of a cause for debarment from 
any source shall be promptly reported, investigated, and referred, when 
appropriate, to the debarring official for consideration. After 
consideration, the debarring official may issue a notice of proposed 
debarment.



Sec. 513.312  Notice of proposed debarment.

    A debarment proceeding shall be initiated by notice to the 
respondent advising:
    (a) That debarment is being considered;
    (b) Of the reasons for the proposed debarment in terms sufficient to 
put the respondent on notice of the conduct or transaction(s) upon which 
it is based;
    (c) Of the cause(s) relied upon under Sec. 513.305 for proposing 
debarment;
    (d) Of the provisions of Sec. 513.311 through Sec. 513.314, and any 
other USIA procedures, if applicable, governing debarment 
decisionmaking; and
    (e) Of the potential effect of a debarment.



Sec. 513.313  Opportunity to contest proposed debarment.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of proposed debarment, the respondent may submit, in person, in 
writing, or through a representative, information and argument in 
opposition to the proposed debarment.
    (b) Additional proceedings as to disputed material facts. (1) In 
actions not based upon a conviction or civil judgment, if the debarring 
official finds that the respondent's submission in opposition raises a 
genuine dispute over facts material to the proposed debarment, 
respondent(s) shall be afforded an opportunity to appear with a 
representative, submit documentary evidence, present witnesses, and 
confront any witness the agency presents.
    (2) A transcribed record of any additional proceedings shall be made 
available at cost to the respondent, upon request, unless the respondent 
and the agency, by mutual agreement, waive the requirement for a 
transcript.



Sec. 513.314  Debarring official's decision.

    (a) No additional proceedings necessary. In actions based upon a 
conviction or civil judgment, or in which there is no genuine dispute 
over material facts, the debarring official shall make a decision on the 
basis of all the information in the administrative record, including any 
submission made by the respondent. The decision shall be made within 45 
days after receipt of any information and argument submitted by the 
respondent, unless the debarring official extends this period for good 
cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The debarring 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The debarring official may refer disputed material facts to 
another official for findings of fact. The debarring official may reject 
any such findings,

[[Page 166]]

in whole or in part, only after specifically determining them to be 
arbitrary and capricious or clearly erroneous.
    (3) The debarring official's decision shall be made after the 
conclusion of the proceedings with respect to disputed facts.
    (c)(1) Standard of proof. In any debarment action, the cause for 
debarment must be established by a preponderance of the evidence. Where 
the proposed debarment is based upon a conviction or civil judgment, the 
standard shall be deemed to have been met.
    (2) Burden of proof. The burden of proof is on the agency proposing 
debarment.
    (d) Notice of debarring official's decision. (1) If the debarring 
official decides to impose debarment, the respondent shall be given 
prompt notice:
    (i) Referring to the notice of proposed debarment;
    (ii) Specifying the reasons for debarment;
    (iii) Stating the period of debarment, including effective dates; 
and
    (iv) Advising that the debarment is effective for covered 
transactions throughout the executive branch of the Federal Government 
unless an agency head or an authorized designee makes the determination 
referred to in Sec. 513.215.
    (2) If the debarring official decides not to impose debarment, the 
respondent shall be given prompt notice of that decision. A decision not 
to impose debarment shall be without prejudice to a subsequent 
imposition of debarment by any other agency.



Sec. 513.315  Settlement and voluntary exclusion.

    (a) When in the best interest of the Government, USIA may, at any 
time, settle a debarment or suspension action.
    (b) If a participant and the agency agree to a voluntary exclusion 
of the participant, such voluntary exclusion shall be entered on the 
Nonprocurement List (see subpart E).



Sec. 513.320  Period of debarment.

    (a) Debarment shall be for a period commensurate with the 
seriousness of the cause(s). If a suspension precedes a debarment, the 
suspension period shall be considered in determining the debarment 
period.
    (1) Debarment for causes other than those related to a violation of 
the requirements of subpart F of this part generally should not exceed 
three years. Where circumstances warrant, a longer period of debarment 
may be imposed.
    (2) In the case of a debarment for a violation of the requirements 
of subpart F of this part (see 513.305(c)(5)), the period of debarment 
shall not exceed five years.
    (b) The debarring official may extend an existing debarment for an 
additional period, if that official determines that an extension is 
necessary to protect the public interest. However, a debarment may not 
be extended solely on the basis of the facts and circumstances upon 
which the initial debarment action was based. If debarment for an 
additional period is determined to be necessary, the procedures of 
Secs. 513.311 through 513.314 shall be followed to extend the debarment.
    (c) The respondent may request the debarring official to reverse the 
debarment decision or to reduce the period or scope of debarment. Such a 
request shall be in writing and supported by documentation. The 
debarring official may grant such a request for reasons including, but 
not limited to:
    (1) Newly discovered material evidence;
    (2) Reversal of the conviction or civil judgment upon which the 
debarment was based;
    (3) Bona fide change in ownership or management;
    (4) Elimination of other causes for which the debarment was imposed; 
or
    (5) Other reasons the debarring official deems appropriate.

[53 FR 19179, 19204, May 26, 1988, as amended at 54 FR 4950, 4955, Jan. 
31, 1989]



Sec. 513.325  Scope of debarment.

    (a) Scope in general. (1) Debarment of a person under these 
regulations constitutes debarment of all its divisions and other 
organizational elements from all covered transactions, unless the 
debarment decision is limited by its terms to one or more specifically 
identified individuals, divisions or

[[Page 167]]

other organizational elements or to specific types of transactions.
    (2) The debarment action may include any affiliate of the 
participant that is specifically named and given notice of the proposed 
debarment and an opportunity to respond (see Secs. 513.311 through 
513.314).
    (b) Imputing conduct. For purposes of determining the scope of 
debarment, conduct may be imputed as follows:
    (1) Conduct imputed to participant. The fraudulent, criminal or 
other seriously improper conduct of any officer, director, shareholder, 
partner, employee, or other individual associated with a participant may 
be imputed to the participant when the conduct occurred in connection 
with the individual's performance of duties for or on behalf of the 
participant, or with the participant's knowledge, approval, or 
acquiescence. The participant's acceptance of the benefits derived from 
the conduct shall be evidence of such knowledge, approval, or 
acquiescence.
    (2) Conduct imputed to individuals associated with participant. The 
fraudulent, criminal, or other seriously improper conduct of a 
participant may be imputed to any officer, director, shareholder, 
partner, employee, or other individual associated with the participant 
who participated in, knew of, or had reason to know of the participant's 
conduct.
    (3) Conduct of one participant imputed to other participants in a 
joint venture. The fraudulent, criminal, or other seriously improper 
conduct of one participant in a joint venture, grant pursuant to a joint 
application, or similar arrangement may be imputed to other participants 
if the conduct occurred for or on behalf of the joint venture, grant 
pursuant to a joint application, or similar arrangement may be imputed 
to other participants if the conduct occurred for or on behalf of the 
joint venture, grant pursuant to a joint application, or similar 
arrangement or with the knowledge, approval, or acquiescence of these 
participants. Acceptance of the benefits derived from the conduct shall 
be evidence of such knowledge, approval, or acquiescence.



                          Subpart D--Suspension



Sec. 513.400  General.

    (a) The suspending official may suspend a person for any of the 
causes in Sec. 513.405 using procedures established in Secs. 513.410 
through 513.413.
    (b) Suspension is a serious action to be imposed only when:
    (1) There exists adequate evidence of one or more of the causes set 
out in Sec. 513.405, and
    (2) Immediate action is necessary to protect the public interest.
    (c) In assessing the adequacy of the evidence, the agency should 
consider how much information is available, how credible it is given the 
circumstances, whether or not important allegations are corroborated, 
and what inferences can reasonably be drawn as a result. This assessment 
should include an examination of basic documents such as grants, 
cooperative agreements, loan authorizations, and contracts.



Sec. 513.405  Causes for suspension.

    (a) Suspension may be imposed in accordance with the provisions of 
Secs. 513.400 through 513.413 upon adequate evidence:
    (1) To suspect the commission of an offense listed in 
Sec. 513.305(a); or
    (2) That a cause for debarment under Sec. 513.305 may exist.
    (b) Indictment shall constitute adequate evidence for purposes of 
suspension actions.



Sec. 513.410  Procedures.

    (a) Investigation and referral. Information concerning the existence 
of a cause for suspension from any source shall be promptly reported, 
investigated, and referred, when appropriate, to the suspending official 
for consideration. After consideration, the suspending official may 
issue a notice of suspension.
    (b) Decisionmaking process. USIA shall process suspension actions as 
informally as practicable, consistent with principles of fundamental 
fairness, using the procedures in Sec. 513.411 through Sec. 513.413.

[[Page 168]]



Sec. 513.411  Notice of suspension.

    When a respondent is suspended, notice shall immediately be given:
    (a) That suspension has been imposed;
    (b) That the suspension is based on an indictment, conviction, or 
other adequate evidence that the respondent has committed irregularities 
seriously reflecting on the propriety of further Federal Government 
dealings with the respondent;
    (c) Describing any such irregularities in terms sufficient to put 
the respondent on notice without disclosing the Federal Government's 
evidence;
    (d) Of the cause(s) relied upon under Sec. 513.405 for imposing 
suspension;
    (e) That the suspension is for a temporary period pending the 
completion of an investigation or ensuing legal, debarment, or Program 
Fraud Civil Remedies Act proceedings;
    (f) Of the provisions of Sec. 513.411 through Sec. 513.413 and any 
other USIA procedures, if applicable, governing suspension 
decisionmaking; and
    (g) Of the effect of the suspension.



Sec. 513.412  Opportunity to contest suspension.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of suspension, the respondent may submit, in person, in writing, 
or through a representative, information and argument in opposition to 
the suspension.
    (b) Additional proceedings as to disputed material facts. (1) If the 
suspending official finds that the respondent's submission in opposition 
raises a genuine dispute over facts material to the suspension, 
respondent(s) shall be afforded an opportunity to appear with a 
representative, submit documentary evidence, present witnesses, and 
confront any witness the agency presents, unless:
    (i) The action is based on an indictment, conviction or civil 
judgment, or
    (ii) A determination is made, on the basis of Department of Justice 
advice, that the substantial interests of the Federal Government in 
pending or contemplated legal proceedings based on the same facts as the 
suspension would be prejudiced.
    (2) A transcribed record of any additional proceedings shall be 
prepared and made available at cost to the respondent, upon request, 
unless the respondent and the agency, by mutual agreement, waive the 
requirement for a transcript.



Sec. 513.413  Suspending official's decision.

    The suspending official may modify or terminate the suspension (for 
example, see Sec. 513.320(c) for reasons for reducing the period or 
scope of debarment) or may leave it in force. However, a decision to 
modify or terminate the suspension shall be without prejudice to the 
subsequent imposition of suspension by any other agency or debarment by 
any agency. The decision shall be rendered in accordance with the 
following provisions:
    (a) No additional proceedings necessary. In actions: based on an 
indictment, conviction, or civil judgment; in which there is no genuine 
dispute over material facts; or in which additional proceedings to 
determine disputed material facts have been denied on the basis of 
Department of Justice advice, the suspending official shall make a 
decision on the basis of all the information in the administrative 
record, including any submission made by the respondent. The decision 
shall be made within 45 days after receipt of any information and 
argument submitted by the respondent, unless the suspending official 
extends this period for good cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The suspending 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The suspending official may refer matters involving disputed 
material facts to another official for findings of fact. The suspending 
official may reject any such findings, in whole or in part, only after 
specifically determining them to be arbitrary or capricious or clearly 
erroneous.
    (c) Notice of suspending official's decision. Prompt written notice 
of the suspending official's decision shall be sent to the respondent.

[[Page 169]]



Sec. 513.415  Period of suspension.

    (a) Suspension shall be for a temporary period pending the 
completion of an investigation or ensuing legal, debarment, or Program 
Fraud Civil Remedies Act proceedings, unless terminated sooner by the 
suspending official or as provided in paragraph (b) of this section.
    (b) If legal or administrative proceedings are not initiated within 
12 months after the date of the suspension notice, the suspension shall 
be terminated unless an Assistant Attorney General or United States 
Attorney requests its extension in writing, in which case it may be 
extended for an additional six months. In no event may a suspension 
extend beyond 18 months, unless such proceedings have been initiated 
within that period.
    (c) The suspending official shall notify the Department of Justice 
of an impending termination of a suspension, at least 30 days before the 
12-month period expires, to give that Department an opportunity to 
request an extension.



Sec. 513.420  Scope of suspension.

    The scope of a suspension is the same as the scope of a debarment 
(see Sec. 513.325), except that the procedures of Secs. 513.410 through 
513.413 shall be used in imposing a suspension.



       Subpart E--Responsibilities of GSA, Agency and Participants



Sec. 513.500  GSA responsibilities.

    (a) In accordance with the OMB guidelines, GSA shall compile, 
maintain, and distribute a list of all persons who have been debarred, 
suspended, or voluntarily excluded by agencies under Executive Order 
12549 and these regulations, and those who have been determined to be 
ineligible.
    (b) At a minimum, this list shall indicate:
    (1) The names and addresses of all debarred, suspended, ineligible, 
and voluntarily excluded persons, in alphabetical order, with cross-
references when more than one name is involved in a single action;
    (2) The type of action;
    (3) The cause for the action;
    (4) The scope of the action;
    (5) Any termination date for each listing; and
    (6) The agency and name and telephone number of the agency point of 
contact for the action.



Sec. 513.505  USIA responsibilities.

    (a) The agency shall provide GSA with current information concerning 
debarments, suspension, determinations of ineligibility, and voluntary 
exclusions it has taken. Until February 18, 1989, the agency shall also 
provide GSA and OMB with information concerning all transactions in 
which USIA has granted exceptions under Sec. 513.215 permitting 
participation by debarred, suspended, or voluntarily excluded persons.
    (b) Unless an alternative schedule is agreed to by GSA, the agency 
shall advise GSA of the information set forth in Sec. 513.500(b) and of 
the exceptions granted under Sec. 513.215 within five working days after 
taking such actions.
    (c) The agency shall direct inquiries concerning listed persons to 
the agency that took the action.
    (d) Agency officials shall check the Nonprocurement List before 
entering covered transactions to determine whether a participant in a 
primary transaction is debarred, suspended, ineligible, or voluntarily 
excluded (Tel. ).
    (e) Agency officials shall check the Nonprocurement List before 
approving principals or lower tier participants where agency approval of 
the principal or lower tier participant is required under the terms of 
the transaction, to determine whether such principals or participants 
are debarred, suspended, ineligible, or voluntarily excluded.



Sec. 513.510  Participants' responsibilities.

    (a) Certification by participants in primary covered transactions. 
Each participant shall submit the certification in appendix A to this 
part for it and its principals at the time the participant submits its 
proposal in connection with a primary covered transaction, except that 
States need only complete such certification as to their principals. 
Participants may decide the method and frequency by which they determine

[[Page 170]]

the eligibility of their principals. In addition, each participant may, 
but is not required to, check the Nonprocurement List for its principals 
(Tel. ). Adverse information on the certification will not necessarily 
result in denial of participation. However, the certification, and any 
additional information pertaining to the certification submitted by the 
participant, shall be considered in the administration of covered 
transactions.
    (b) Certification by participants in lower tier covered 
transactions. (1) Each participant shall require participants in lower 
tier covered transactions to include the certification in appendix B to 
this part for it and its principals in any proposal submitted in 
connection with such lower tier covered transactions.
    (2) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, ineligible, or voluntarily 
excluded from the covered transaction by any Federal agency, unless it 
knows that the certification is erroneous. Participants may decide the 
method and frequency by which they determine the eligiblity of their 
principals. In addition, a participant may, but is not required to, 
check the Nonprocurement List for its principals and for participants 
(Tel. ).
    (c) Changed circumstances regarding certification. A participant 
shall provide immediate written notice to USIA if at any time the 
participant learns that its certification was erroneous when submitted 
or has become erroneous by reason of changed circumstances. Participants 
in lower tier covered transactions shall provide the same updated notice 
to the participant to which it submitted its proposals.



          Subpart F--Drug-Free Workplace Requirements (Grants)

    Source: 55 FR 21688, 21694, May 25, 1990, unless otherwise noted.



Sec. 513.600  Purpose.

    (a) The purpose of this subpart is to carry out the Drug-Free 
Workplace Act of 1988 by requiring that--
    (1) A grantee, other than an individual, shall certify to the agency 
that it will provide a drug-free workplace;
    (2) A grantee who is an individual shall certify to the agency that, 
as a condition of the grant, he or she will not engage in the unlawful 
manufacture, distribution, dispensing, possession or use of a controlled 
substance in conducting any activity with the grant.
    (b) Requirements implementing the Drug-Free Workplace Act of 1988 
for contractors with the agency are found at 48 CFR subparts 9.4, 23.5, 
and 52.2.



Sec. 513.605  Definitions.

    (a) Except as amended in this section, the definitions of 
Sec. 513.105 apply to this subpart.
    (b) For purposes of this subpart--
    (1) Controlled substance means a controlled substance in schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812), and as 
further defined by regulation at 21 CFR 1308.11 through 1308.15;
    (2) Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    (3) Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    (4) Drug-free workplace means a site for the performance of work 
done in connection with a specific grant at which employees of the 
grantee are prohibited from engaging in the unlawful manufacture, 
distribution, dispensing, possession, or use of a controlled substance;
    (5) Employee means the employee of a grantee directly engaged in the 
performance of work under the grant, including:
    (i) All direct charge employees;
    (ii) All indirect charge employees, unless their impact or 
involvement is insignificant to the performance of the grant; and,
    (iii) Temporary personnel and consultants who are directly engaged 
in the performance of work under the

[[Page 171]]

grant and who are on the grantee's payroll.

This definition does not include workers not on the payroll of the 
grantee (e.g., volunteers, even if used to meet a matching requirement; 
consultants or independent contractors not on the payroll; or employees 
of subrecipients or subcontractors in covered workplaces);
    (6) Federal agency or agency means any United States executive 
department, military department, government corporation, government 
controlled corporation, any other establishment in the executive branch 
(including the Executive Office of the President), or any independent 
regulatory agency;
    (7) Grant means an award of financial assistance, including a 
cooperative agreement, in the form of money, or property in lieu of 
money, by a Federal agency directly to a grantee. The term grant 
includes block grant and entitlement grant programs, whether or not 
exempted from coverage under the grants management government-wide 
common rule on uniform administrative requirements for grants and 
cooperative agreements. The term does not include technical assistance 
that provides services instead of money, or other assistance in the form 
of loans, loan guarantees, interest subsidies, insurance, or direct 
appropriations; or any veterans' benefits to individuals, i.e., any 
benefit to veterans, their families, or survivors by virtue of the 
service of a veteran in the Armed Forces of the United States;
    (8) Grantee means a person who applies for or receives a grant 
directly from a Federal agency (except another Federal agency);
    (9) Individual means a natural person;
    (10) State means any of the States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of local 
government. A State instrumentality will be considered part of the State 
government if it has a written determination from a State government 
that such State considers the instrumentality to be an agency of the 
State government.



Sec. 513.610  Coverage.

    (a) This subpart applies to any grantee of the agency.
    (b) This subpart applies to any grant, except where application of 
this subpart would be inconsistent with the international obligations of 
the United States or the laws or regulations of a foreign government. A 
determination of such inconsistency may be made only by the agency head 
or his/her designee.
    (c) The provisions of subparts A, B, C, D and E of this part apply 
to matters covered by this subpart, except where specifically modified 
by this subpart. In the event of any conflict between provisions of this 
subpart and other provisions of this part, the provisions of this 
subpart are deemed to control with respect to the implementation of 
drug-free workplace requirements concerning grants.



Sec. 513.615  Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment.

    A grantee shall be deemed in violation of the requirements of this 
subpart if the agency head or his or her official designee determines, 
in writing, that--
    (a) The grantee has made a false certification under Sec. 513.630;
    (b) With respect to a grantee other than an individual--
    (1) The grantee has violated the certification by failing to carry 
out the requirements of paragraphs (A)(a)-(g) and/or (B) of the 
certification (Alternate I to appendix C) or
    (2) Such a number of employees of the grantee have been convicted of 
violations of criminal drug statutes for violations occurring in the 
workplace as to indicate that the grantee has failed to make a good 
faith effort to provide a drug-free workplace.
    (c) With respect to a grantee who is an individual--
    (1) The grantee has violated the certification by failing to carry 
out its requirements (Alternate II to appendix C); or

[[Page 172]]

    (2) The grantee is convicted of a criminal drug offense resulting 
from a violation occurring during the conduct of any grant activity.



Sec. 513.620  Effect of violation.

    (a) In the event of a violation of this subpart as provided in 
Sec. 513.615, and in accordance with applicable law, the grantee shall 
be subject to one or more of the following actions:
    (1) Suspension of payments under the grant;
    (2) Suspension or termination of the grant; and
    (3) Suspension or debarment of the grantee under the provisions of 
this part.
    (b) Upon issuance of any final decision under this part requiring 
debarment of a grantee, the debarred grantee shall be ineligible for 
award of any grant from any Federal agency for a period specified in the 
decision, not to exceed five years (see Sec. 513.320(a)(2) of this 
part).



Sec. 513.625  Exception provision.

    The agency head may waive with respect to a particular grant, in 
writing, a suspension of payments under a grant, suspension or 
termination of a grant, or suspension or debarment of a grantee if the 
agency head determines that such a waiver would be in the public 
interest. This exception authority cannot be delegated to any other 
official.



Sec. 513.630  Certification requirements and procedures.

    (a)(1) As a prior condition of being awarded a grant, each grantee 
shall make the appropriate certification to the Federal agency providing 
the grant, as provided in appendix C to this part.
    (2) Grantees are not required to make a certification in order to 
continue receiving funds under a grant awarded before March 18, 1989, or 
under a no-cost time extension of such a grant. However, the grantee 
shall make a one-time drug-free workplace certification for a non-
automatic continuation of such a grant made on or after March 18, 1989.
    (b) Except as provided in this section, all grantees shall make the 
required certification for each grant. For mandatory formula grants and 
entitlements that have no application process, grantees shall submit a 
one-time certification in order to continue receiving awards.
    (c) A grantee that is a State may elect to make one certification in 
each Federal fiscal year. States that previously submitted an annual 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. Except as provided in paragraph (d) of this 
section, this certification shall cover all grants to all State agencies 
from any Federal agency. The State shall retain the original of this 
statewide certification in its Governor's office and, prior to grant 
award, shall ensure that a copy is submitted individually with respect 
to each grant, unless the Federal agency has designated a central 
location for submission.
    (d)(1) The Governor of a State may exclude certain State agencies 
from the statewide certification and authorize these agencies to submit 
their own certifications to Federal agencies. The statewide 
certification shall name any State agencies so excluded.
    (2) A State agency to which the statewide certification does not 
apply, or a State agency in a State that does not have a statewide 
certification, may elect to make one certification in each Federal 
fiscal year. State agencies that previously submitted a State agency 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. The State agency shall retain the original of 
this State agency-wide certification in its central office and, prior to 
grant award, shall ensure that a copy is submitted individually with 
respect to each grant, unless the Federal agency designates a central 
location for submission.
    (3) When the work of a grant is done by more than one State agency, 
the certification of the State agency directly receiving the grant shall 
be deemed to certify compliance for all workplaces, including those 
located in other State agencies.
    (e)(1) For a grant of less than 30 days performance duration, 
grantees shall have this policy statement and program in place as soon 
as possible, but

[[Page 173]]

in any case by a date prior to the date on which performance is expected 
to be completed.
    (2) For a grant of 30 days or more performance duration, grantees 
shall have this policy statement and program in place within 30 days 
after award.
    (3) Where extraordinary circumstances warrant for a specific grant, 
the grant officer may determine a different date on which the policy 
statement and program shall be in place.



Sec. 513.635  Reporting of and employee sanctions for convictions of criminal drug offenses.

    (a) When a grantee other than an individual is notified that an 
employee has been convicted for a violation of a criminal drug statute 
occurring in the workplace, it shall take the following actions:
    (1) Within 10 calendar days of receiving notice of the conviction, 
the grantee shall provide written notice, including the convicted 
employee's position title, to every grant officer, or other designee on 
whose grant activity the convicted employee was working, unless a 
Federal agency has designated a central point for the receipt of such 
notifications. Notification shall include the identification number(s) 
for each of the Federal agency's affected grants.
    (2) Within 30 calendar days of receiving notice of the conviction, 
the grantee shall do the following with respect to the employee who was 
convicted.
    (i) Take appropriate personnel action against the employee, up to 
and including termination, consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (ii) Require the employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency.
    (b) A grantee who is an individual who is convicted for a violation 
of a criminal drug statute occurring during the conduct of any grant 
activity shall report the conviction, in writing, within 10 calendar 
days, to his or her Federal agency grant officer, or other designee, 
unless the Federal agency has designated a central point for the receipt 
of such notices. Notification shall include the identification number(s) 
for each of the Federal agency's affected grants.

(Approved by the Office of Management and Budget under control number 
0991-0002)

 Appendix A to Part 513--Certification Regarding Debarment, Suspension, 
     and Other Responsibility Matters--Primary Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective primary 
participant is providing the certification set out below.
    2. The inability of a person to provide the certification required 
below will not necessarily result in denial of participation in this 
covered transaction. The prospective participant shall submit an 
explanation of why it cannot provide the certification set out below. 
The certification or explanation will be considered in connection with 
the department or agency's determination whether to enter into this 
transaction. However, failure of the prospective primary participant to 
furnish a certification or an explanation shall disqualify such person 
from participation in this transaction.
    3. The certification in this clause is a material representation of 
fact upon which reliance was placed when the department or agency 
determined to enter into this transaction. If it is later determined 
that the prospective primary participant knowingly rendered an erroneous 
certification, in addition to other remedies available to the Federal 
Government, the department or agency may terminate this transaction for 
cause or default.
    4. The prospective primary participant shall provide immediate 
written notice to the department or agency to which this proposal is 
submitted if at any time the prospective primary participant learns that 
its certification was erroneous when submitted or has become erroneous 
by reason of changed circumstances.
    5. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meanings set out in the Definitions and Coverage 
sections of the rules implementing Executive Order 12549. You may 
contact the department or agency to which this proposal is being 
submitted for assistance in obtaining a copy of those regulations.
    6. The prospective primary participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment

[[Page 174]]

under 48 CFR part 9, subpart 9.4, debarred, suspended, declared 
ineligible, or voluntarily excluded from participation in this covered 
transaction, unless authorized by the department or agency entering into 
this transaction.
    7. The prospective primary participant further agrees by submitting 
this proposal that it will include the clause titled ``Certification 
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction,'' provided by the department or agency 
entering into this covered transaction, without modification, in all 
lower tier covered transactions and in all solicitations for lower tier 
covered transactions.
    8. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from the covered transaction, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    9. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.
    10. Except for transactions authorized under paragraph 6 of these 
instructions, if a participant in a covered transaction knowingly enters 
into a lower tier covered transaction with a person who is proposed for 
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, 
ineligible, or voluntarily excluded from participation in this 
transaction, in addition to other remedies available to the Federal 
Government, the department or agency may terminate this transaction for 
cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility 
                  Matters--Primary Covered Transactions

    (1) The prospective primary participant certifies to the best of its 
knowledge and belief, that it and its principals:
    (a) Are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded by any Federal department 
or agency;
    (b) Have not within a three-year period preceding this proposal been 
convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State or local) 
transaction or contract under a public transaction; violation of Federal 
or State antitrust statutes or commission of embezzlement, theft, 
forgery, bribery, falsification or destruction of records, making false 
statements, or receiving stolen property;
    (c) Are not presently indicted for or otherwise criminally or 
civilly charged by a governmental entity (Federal, State or local) with 
commission of any of the offenses enumerated in paragraph (1)(b) of this 
certification; and
    (d) Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State or local) 
terminated for cause or default.
    (2) Where the prospective primary participant is unable to certify 
to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33045, June 26, 1995]

 Appendix B to Part 513--Certification Regarding Debarment, Suspension, 
 Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective lower 
tier participant is providing the certification set out below.
    2. The certification in this clause is a material representation of 
fact upon which reliance was placed when this transaction was entered 
into. If it is later determined that the prospective lower tier 
participant knowingly rendered an erroneous certification, in addition 
to other remedies available to the Federal Government the department or 
agency with which this transaction originated may pursue available 
remedies, including suspension and/or debarment.
    3. The prospective lower tier participant shall provide immediate 
written notice to the person to which this proposal is submitted if at 
any time the prospective lower tier participant learns that its 
certification was erroneous when submitted or had become erroneous by 
reason of changed circumstances.
    4. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meaning set out in the Definitions and Coverage 
sections of rules implementing Executive Order 12549. You may contact 
the person to which this proposal is submitted for assistance in 
obtaining a copy of those regulations.

[[Page 175]]

    5. The prospective lower tier participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment under 48 CFR part 9, subpart 
9.4, debarred, suspended, declared ineligible, or voluntarily excluded 
from participation in this covered transaction, unless authorized by the 
department or agency with which this transaction originated.
    6. The prospective lower tier participant further agrees by 
submitting this proposal that it will include this clause titled 
``Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion-Lower Tier Covered Transaction,'' without 
modification, in all lower tier covered transactions and in all 
solicitations for lower tier covered transactions.
    7. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from covered transactions, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    8. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.
    9. Except for transactions authorized under paragraph 5 of these 
instructions, if a participant in a covered transaction knowingly enters 
into a lower tier covered transaction with a person who is proposed for 
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, 
ineligible, or voluntarily excluded from participation in this 
transaction, in addition to other remedies available to the Federal 
Government, the department or agency with which this transaction 
originated may pursue available remedies, including suspension and/or 
debarment.

    Certification Regarding Debarment, Suspension, Ineligibility an 
          Voluntary Exclusion--Lower Tier Covered Transactions

    (1) The prospective lower tier participant certifies, by submission 
of this proposal, that neither it nor its principals is presently 
debarred, suspended, proposed for debarment, declared ineligible, or 
voluntarily excluded from participation in this transaction by any 
Federal department or agency.
    (2) Where the prospective lower tier participant is unable to 
certify to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33045, June 26, 1995]

  Appendix C to Part 513--Certification Regarding Drug-Free Workplace 
                              Requirements

                     Instructions for Certification

    1. By signing and/or submitting this application or grant agreement, 
the grantee is providing the certification set out below.
    2. The certification set out below is a material representation of 
fact upon which reliance is placed when the agency awards the grant. If 
it is later determined that the grantee knowingly rendered a false 
certification, or otherwise violates the requirements of the Drug-Free 
Workplace Act, the agency, in addition to any other remedies available 
to the Federal Government, may take action authorized under the Drug-
Free Workplace Act.
    3. For grantees other than individuals, Alternate I applies.
    4. For grantees who are individuals, Alternate II applies.
    5. Workplaces under grants, for grantees other than individuals, 
need not be identified on the certification. If known, they may be 
identified in the grant application. If the grantee does not identify 
the workplaces at the time of application, or upon award, if there is no 
application, the grantee must keep the identity of the workplace(s) on 
file in its office and make the information available for Federal 
inspection. Failure to identify all known workplaces constitutes a 
violation of the grantee's drug-free workplace requirements.
    6. Workplace identifications must include the actual address of 
buildings (or parts of buildings) or other sites where work under the 
grant takes place. Categorical descriptions may be used (e.g., all 
vehicles of a mass transit authority or State highway department while 
in operation, State employees in each local unemployment office, 
performers in concert halls or radio studios).
    7. If the workplace identified to the agency changes during the 
performance of the grant, the grantee shall inform the agency of the 
change(s), if it previously identified the workplaces in question (see 
paragraph five).
    8. Definitions of terms in the Nonprocurement Suspension and 
Debarment common rule and Drug-Free Workplace common rule apply to this 
certification. Grantees' attention is called, in particular, to the 
following definitions from these rules:

[[Page 176]]

    Controlled substance means a controlled substance in Schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812) and as 
further defined by regulation (21 CFR 1308.11 through 1308.15);
    Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    Employee means the employee of a grantee directly engaged in the 
performance of work under a grant, including: (i) All direct charge 
employees; (ii) All indirect charge employees unless their impact or 
involvement is insignificant to the performance of the grant; and, (iii) 
Temporary personnel and consultants who are directly engaged in the 
performance of work under the grant and who are on the grantee's 
payroll. This definition does not include workers not on the payroll of 
the grantee (e.g., volunteers, even if used to meet a matching 
requirement; consultants or independent contractors not on the grantee's 
payroll; or employees of subrecipients or subcontractors in covered 
workplaces).

        Certification Regarding Drug-Free Workplace Requirements

             Alternate I. (Grantees Other Than Individuals)

    A. The grantee certifies that it will or will continue to provide a 
drug-free workplace by:
    (a) Publishing a statement notifying employees that the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance is prohibited in the grantee's workplace and 
specifying the actions that will be taken against employees for 
violation of such prohibition;
    (b) Establishing an ongoing drug-free awareness program to inform 
employees about--
    (1) The dangers of drug abuse in the workplace;
    (2) The grantee's policy of maintaining a drug-free workplace;
    (3) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (4) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (c) Making it a requirement that each employee to be engaged in the 
performance of the grant be given a copy of the statement required by 
paragraph (a);
    (d) Notifying the employee in the statement required by paragraph 
(a) that, as a condition of employment under the grant, the employee 
will--
    (1) Abide by the terms of the statement; and
    (2) Notify the employer in writing of his or her conviction for a 
violation of a criminal drug statute occurring in the workplace no later 
than five calendar days after such conviction;
    (e) Notifying the agency in writing, within ten calendar days after 
receiving notice under paragraph (d)(2) from an employee or otherwise 
receiving actual notice of such conviction. Employers of convicted 
employees must provide notice, including position title, to every grant 
officer or other designee on whose grant activity the convicted employee 
was working, unless the Federal agency has designated a central point 
for the receipt of such notices. Notice shall include the identification 
number(s) of each affected grant;
    (f) Taking one of the following actions, within 30 calendar days of 
receiving notice under paragraph (d)(2), with respect to any employee 
who is so convicted--
    (1) Taking appropriate personnel action against such an employee, up 
to and including termination, consistent with the requirements of the 
Rehabilitation Act of 1973, as amended; or
    (2) Requiring such employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency;
    (g) Making a good faith effort to continue to maintain a drug-free 
workplace through implementation of paragraphs (a), (b), (c), (d), (e) 
and (f).
    B. The grantee may insert in the space provided below the site(s) 
for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

Check {time}  if there are workplaces on file that are not identified 
here.

              Alternate II. (Grantees Who Are Individuals)

    (a) The grantee certifies that, as a condition of the grant, he or 
she will not engage in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance in conducting 
any activity with the grant;
    (b) If convicted of a criminal drug offense resulting from a 
violation occurring during the conduct of any grant activity, he or she 
will report the conviction, in writing, within 10 calendar days of the 
conviction, to every grant officer or other designee, unless the

[[Page 177]]

Federal agency designates a central point for the receipt of such 
notices. When notice is made to such a central point, it shall include 
the identification number(s) of each affected grant.

[55 FR 21690, 21694, May 25, 1990]



PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents




                      Subpart A--General Provisions

Sec.
514.1  Purpose.
514.2  Definitions.
514.3  Sponsor eligibility.
514.4  Categories of participant eligibility.
514.5  Application procedure.
514.6  Designation.
514.7  Redesignation.
514.8  General program requirements.
514.9  General obligations of sponsors.
514.10  Program administration.
514.11  Duties of responsible officers.
514.12  Control of Forms IAP-66.
514.13  Notification requirements.
514.14  Insurance.
514.15  Annual reports.
514.16  Employment.
514.17  Fees and charges. [Reserved]

                 Subpart B--Specific Program Provisions

514.20  Professors and research scholars.
514.21  Short-term scholars.
514.22  Trainees.
514.23  College and university students.
514.24  Teachers.
514.25  Secondary school students.
514.26  Specialists.
514.27  Alien physicians.
514.28  International visitors.
514.29  Government visitors.
514.30  Camp counselors.
514.31  Au pairs.

                 Subpart C--Status of Exchange Visitors

514.40  Termination of program participation.
514.41  Change of category.
514.42  Transfer of program.
514.43  Extension of program.
514.44  Two-year home-country physical presence requirement.

                          Subpart D--Sanctions

514.50  Sanctions.

            Subpart E--Termination and Revocation of Programs

514.60  Termination of designation.
514.61  Revocation.
514.62  Responsibilities of the sponsor upon termination or revocation.

                          Subpart F--[Reserved]

                      Subpart G--Summer/Work Travel

514.80  Summer Student Travel/Work Program

Appendix A to Part 514--Certification of Responsible Officers and 
          Sponsors
Appendix B to Part 514--Exchange Visitor Program Services, Exchange 
          Visitor Program Application
Appendix C to Part 514--Update of Information on Exchange Visitor 
          Program Sponsor
Appendix D to Part 514--Annual Report--Exchange Visitor Program Services 
          (GC/V), United States Information Agency, Washington, DC 20547 
          (202-401-7964)
Appendix E to Part 514--Unskilled Occupations

    Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 
1431-1442, 2451-2460; Reorganization Plan No. 2 of 1977, 3 CFR, 1977 
Comp. p. 200; E.O. 12048 of March 27, 1978, 3 CFR, 1978 Comp. p. 168.

    Source:  58 FR 15196, Mar. 19, 1993, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 514.1  Purpose.

    (a) The regulations set forth in this part implement the Mutual 
Educational and Cultural Exchange Act of 1961 (the ``Act''), as amended, 
Public Law 87-256, 22 U.S.C. 2451, et seq. (1988). The purpose of the 
Act is to increase mutual understanding between the people of the United 
States and the people of other countries by means of educational and 
cultural exchanges. Educational and cultural exchanges assist the Agency 
in furthering the foreign policy objectives of the United States. These 
exchanges are defined by section 102 of the Act, 22 U.S.C. 2452, and 
section 101(a)(15)(J) of the Immigration and Nationality Act, as 
amended, 8 U.S.C. 1101(a)(15)(J).
    (b) The Director of the United States Information Agency facilitates 
activities specified in the Act, in part, by designating public and 
private entities to act as sponsors of the Exchange Visitor Program. 
Sponsors may act independently or with the assistance of third parties. 
The purpose of the Program is to provide foreign nationals with 
opportunities to participate in educational and cultural programs in the 
United States and return home to

[[Page 178]]

share their experiences, and to encourage Americans to participate in 
educational and cultural programs in other countries. Exchange visitors 
enter the United States on a J visa. The regulations set forth in this 
subpart are applicable to all sponsors.



Sec. 514.2  Definitions.

    Accompanying spouse and dependents means the alien spouse and minor 
unmarried children of an exchange visitor who are accompanying or 
following to join the exchange visitor and who are seeking to enter or 
have entered the United States temporarily on a J-2 visa or are seeking 
to acquire or have acquired such status after admission. For the purpose 
of these regulations, a minor is a person under the age of 21 years old.
    Accredited educational institution means any publicly or privately 
operated primary, secondary, or post-secondary institution of learning 
duly recognized and declared as such by the appropriate authority of the 
state in which such institution is located; provided, however, that in 
addition to any state recognition, all post-secondary institutions shall 
also be accredited by a nationally recognized accrediting agency or 
association as recognized by the United States Secretary of Education 
but shall not include any institution whose offered programs are 
primarily vocational in nature.
    Act means the Mutual Educational and Cultural Exchange Act of 1961, 
as amended.
    Agency means the United States Information Agency.
    Citizen of the United States means:
    (1) An individual who is a citizen of the United States or one of 
its territories or possessions, or who has been lawfully admitted for 
permanent residence, within the meaning of section 101(a)(20) of the 
Immigration and Nationality Act; or
    (2) A general or limited partnership created or organized under the 
laws of the United States, or of any state, the District of Columbia, or 
a territory or possession of the United States, of which a majority of 
the partners are citizens of the United States; or
    (3) A for-profit corporation, association, or other legal entity 
created or organized under the laws of the United States, or of any 
state, the District of Columbia, or a territory or possession of the 
United States, which:
    (i) Has its principal place of business in the United States, and
    (ii) Has its shares or voting interests publicly traded on a U.S. 
stock exchange; or, if its shares or voting interests are not publicly 
traded on a U.S. stock exchange, it shall nevertheless be deemed to be a 
citizen of the United States if a majority of its officers, Board of 
Directors, and its shareholders or holders of voting interests are 
citizens of the United States; or
    (4) A non-profit corporation, association, or other legal entity 
created or organized under the laws of the United States, or any state, 
the District of Columbia, or territory or possession of the United 
States; and
    (i) Which is qualified with the Internal Revenue Service as a tax-
exempt organization pursuant to Sec. 501(c) of the Internal Revenue 
Code; and
    (ii) Which has its principal place of business in the United States; 
and
    (iii) In which a majority of its officers and a majority of its 
Board of Directors or other like body vested with its management are 
citizens of the United States; or
    (5) An accredited college, university, or other post-secondary 
educational institution created or organized under the laws of the 
United States, or of any state, including a county, municipality, or 
other political subdivision thereof, the District of Columbia, or of a 
territory or possession of the United States; or
    (6) An agency of the United States, or of any state or local 
government, the District of Columbia, or a territory or possession of 
the United States.
    Consortium means a not-for-profit corporation or association formed 
by two or more accredited educational institutions for the purpose of 
sharing educational resources, conducting research, and/or developing 
new programs to enrich or expand the opportunities offered by its 
members. Entities that participate in a consortium are not barred from 
having a separate exchange visitor program designation of their own.

[[Page 179]]

    Country of nationality or last legal residence means either the 
country of which the exchange visitor was a national at the time status 
as an exchange visitor was acquired or the last foreign country in which 
the visitor had a legal permanent residence before acquiring status as 
an exchange visitor.
    Cross-cultural activity is an activity designed to promote exposure 
and interchange between exchange visitors and Americans so as to 
increase their understanding of each other's society, culture, and 
institutions.
    Designation means the written authorization given by the Agency to 
an exchange visitor program applicant to conduct an exchange visitor 
program as a sponsor.
    Director means the Director of the United States Information Agency 
or an employee of the Agency acting under a delegation of authority from 
the Director.
    Employee means an individual who provides services or labor for an 
employer for wages or other remuneration but does not mean independent 
contractors, as defined in 8 CFR 274a.1(j).
    Exchange visitor means a foreign national who has been selected by a 
sponsor to participate in an exchange visitor program and who is seeking 
to enter or has entered the United States temporarily on a J-1 visa. The 
term does not include the visitor's immediate family.
    Exchange Visitor Program means the international exchange program 
administered by the Agency to implement the Act by means of educational 
and cultural programs. When ``exchange visitor program'' is set forth in 
lower case, it refers to the individual program of a sponsor which has 
been designated by the Agency.
    Exchange Visitor Program Services means the Agency staff delegated 
authority by the Director to administer the Exchange Visitor Program in 
compliance with the regulations set forth in this part.
    Exchange visitor's government means the government of the country of 
the exchange visitor's nationality or the country where the exchange 
visitor has a legal permanent residence.
    Financed directly means financed in whole or in part by the United 
States Government or the exchange visitor's government with funds 
contributed directly to the exchange visitor in connection with his or 
her participation in an exchange visitor program.
    Financed indirectly means:
    (1) Financed by an international organization with funds contributed 
by either the United States or the exchange visitor's government for use 
in financing international educational and cultural exchanges, or
    (2) Financed by an organization or institution with funds made 
available by either the United States or the exchange visitor's 
government for the purpose of furthering international educational and 
cultural exchange.
    Form IAP-66 means a Certificate of Eligibility, a controlled 
document of the Agency.
    Full course of study means enrollment in an academic program of 
classroom participation and study, and/or doctoral thesis research at an 
accredited educational institution as follows:
    (1) Secondary school students shall satisfy the attendance and 
course requirements of the state in which the school is located;
    (2) College and university students shall register for and complete 
a full course of study, as defined by the accredited educational 
institution in which the student is registered, unless exempted in 
accordance with Sec. 514.23(e).
    Graduate medical education or training means participation in a 
program in which the alien physician will receive graduate medical 
education or training, which generally consists of a residency or 
fellowship program involving health care services to patients, but does 
not include programs involving observation, consultation, teaching or 
research in which there is no or only incidental patient care. This 
program may consist of a medical specialty, a directly related medical 
subspecialty, or both.
    Home-country physical presence requirement means the requirement 
that an exchange visitor who is within the purview of section 212(e) of 
the Immigration and Nationality Act (substantially quoted in 
Sec. 514.44) must reside

[[Page 180]]

and be physically present in the country of nationality or last legal 
permanent residence for an aggregate of at least two years following 
departure from the United States before the exchange visitor is eligible 
to apply for an immigrant visa or permanent residence, a nonimmigrant H 
visa as a temporary worker or trainee, or a nonimmigrant L visa as an 
intracompany transferee, or a nonimmigrant H or L visa as the spouse or 
minor child of a person who is a temporary worker or trainee or an 
intracompany transferee.
    J visa means a non-immigrant visa issued pursuant to 8 U.S.C. 
1101(a)(15)(J). A J-1 visa is issued to the exchange visitor. J-2 visas 
are issued to the exchange visitor's immediate family.
    Non-specialty occupation means any occupation that is not a 
specialty occupation (q.v.). Non-specialty occupations range from 
unskilled occupations up to and including skilled occupations requiring 
at least two years training or experience.
    On-the-job training means an individual's observation of and 
participation in given tasks demonstrated by experienced workers for the 
purpose of acquiring competency in such tasks.
    Prescribed course of study means a non-degree academic program with 
a specific educational objective. Such course of study may include 
intensive English language training, classroom instruction, research 
projects, and/or academic training to the extent permitted in 
Sec. 514.23.
    Reciprocity means the participation of a United States citizen in an 
educational and cultural program in a foreign country in exchange for 
the participation of a foreign national in the Exchange Visitor Program. 
Where used herein, ``reciprocity'' shall be interpreted broadly; unless 
otherwise specified, reciprocity does not require a one-for-one exchange 
or that exchange visitors be engaged in the same activity. For example, 
exchange visitors coming to the United States for training in American 
banking practices and Americans going abroad to teach foreign nationals 
public administration would be considered a reciprocal exchange, when 
arranged or facilitated by the same sponsor.
    Responsible officer means the employee or officer of a designated 
sponsor who has been listed with the Agency as assuming the 
responsibilities outlined in Sec. 514.11. The designation of alternate 
responsible officers is permitted and encouraged. The responsible 
officer and alternate responsible officers must be citizens of the 
United States or persons who have been lawfully admitted for permanent 
residence.
    Specialty occupation means an occupation that requires theoretical 
and practical application of a body of highly specialized knowledge to 
perform fully in the stated field of endeavor. It requires completion of 
a specified course of education, where attainment of such knowledge or 
its equivalent is the minimum competency requirement recognized in the 
particular field of endeavor in the United States. Some examples of 
specialized fields of knowledge are public and business administration, 
agricultural research, architecture, engineering, computer and physical 
sciences, accounting, and print and broadcast journalism.
    Sponsor means a legal entity designated by the Director of the 
United States Information Agency to conduct an exchange visitor program.
    Third party means an entity cooperating with or assisting the 
sponsor in the conduct of the sponsor's program. Sponsors are required 
to take all reasonable steps to ensure that third parties know and 
comply with all applicable provisions of these regulations. Third party 
actions in the course of providing such assistance or cooperation shall 
be imputed to the sponsor in evaluating the sponsor's compliance with 
these regulations.



Sec. 514.3  Sponsor eligibility.

    (a) Entities eligible to apply for designation as a sponsor of an 
exchange visitor program are:
    (1) United States local, state and federal government agencies;
    (2) International agencies or organizations of which the United 
States is a member and which have an office in the United States; or
    (3) Reputable organizations which are ``citizens of the United 
States,'' as that term is defined in Sec. 514.2.

[[Page 181]]

    (b) To be eligible for designation as a sponsor, an entity is 
required to:
    (1) Demonstrate, to the Agency's satisfaction, its ability to comply 
and remain in continual compliance with all provisions of part 514; and
    (2) Meet at all times its financial obligations and responsibilities 
attendant to successful sponsorship of its exchange program.



Sec. 514.4  Categories of participant eligibility.

    Sponsors may select foreign nationals to participate in their 
exchange visitor programs. Participation by foreign nationals in an 
exchange visitor program is limited to individuals who shall be engaged 
in the following activities in the United States:
    (a) Student. An individual who is:
    (1) Studying in the United States:
    (i) Pursuing a full course of study at a secondary accredited 
educational institution;
    (ii) Pursuing a full course of study leading to or culminating in 
the award of a U.S. degree from a post-secondary accredited educational 
institution; or
    (iii) Engaged full-time in a prescribed course of study of up to 24 
months duration conducted by:
    (A) A post-secondary accredited educational institution; or
    (B) An institute approved by or acceptable to the post-secondary 
accredited educational institution where the student is to be enrolled 
upon completion of the non-degree program;
    (2) Engaged in academic training as permitted in Sec. 514.23(f); or
    (3) Engaged in English language training at:
    (i) A post-secondary accredited educational institution, or
    (ii) An institute approved by or acceptable to the post-secondary 
accredited educational institution where the college or university 
student is to be enrolled upon completion of the language training.
    (b) Short-term scholar. A professor, research scholar, or person 
with similar education or accomplishments coming to the United States on 
a short-term visit for the purpose of lecturing, observing, consulting, 
training, or demonstrating special skills at research institutions, 
museums, libraries, post-secondary accredited educational institutions, 
or similar type of institutions.
    (c) Trainee. An individual participating in a structured training 
program conducted by the selecting sponsor.
    (d) Teacher. An individual teaching full-time in a primary or 
secondary accredited educational institution.
    (e) Professor. An individual primarily teaching, lecturing, 
observing, or consulting a post-secondary accredited educational 
institutions, museums, libraries, or similar types of institutions. A 
professor may also conduct research, unless disallowed by the sponsor.
    (f) Research scholar. An individual primarily conducting research, 
observing, or consulting in connection with a research project at 
research institutions, corporate research facilities, museums, 
libraries, post-secondary accredited educational institutions, or 
similar types of institutions. The research scholar may also teach or 
lecture, unless disallowed by the sponsor.
    (g) Specialist. An individual who is an expert in a field of 
specialized knowledge or skill coming to the United States for 
obeserving, consulting, or demonstrating special skills.
    (h) Other person of similar description. An individual of 
description similar to those set forth in paragraphs (a) through (g) 
coming to the United States, in a program designated by the Agency under 
this category, for the purpose of teaching, instructing or lecturing, 
study, observing, conducting research, consulting, demonstrating special 
skills, or receiving training. The programs designated by the Agency in 
this category consist of:
    (1) International visitor. An individual who is a recognized or 
potential leader, selected by the Agency for consultation, observation, 
research, training, or demonstration of special skills in the United 
States.
    (2) Government visitor. An individual who is an influential or 
distinguished person, selected by a U.S. federal, state, or local 
government agency for consultation, observation, training, or 
demonstration of special skills in the United States.
    (3) Camp counselor. An individual selected to be a counselor in a 
summer camp in the United States who imparts

[[Page 182]]

skills to American campers and information about his or her country or 
culture.



Sec. 514.5  Application procedure.

    (a) Any entity meeting the eligibility requirements set forth in 
Sec. 514.3 may apply to the Agency for designation as a sponsor. Such 
application shall be made on Form IAP-37 (``Exchange Visitor Program 
Application'') and filed with the Agency's Exchange Visitor Program 
Services.
    (b) The application shall set forth, in detail, the applicant's 
proposed exchange program activity and shall demonstrate its prospective 
ability to comply with Exchange Visitor Program regulations.
    (c) The application shall be signed by the chief executive officer 
of the applicant and must also provide:
    (1) Evidence of legal status as a corporation, partnership, or other 
legal entity (e.g., charter, proof of incorporation, partnership 
agreement, as applicable) and current certificate of good standing;
    (2) Evidence of financial responsibility as set forth at 
Sec. 514.9(e);
    (3) Evidence of accreditation if the applicant is a post-secondary 
educational institution;
    (4) Evidence of licensure, if required by local, state, or federal 
law, to carry out the activity for which it is be designated;
    (5) Certification by the applicant (using the language set forth in 
appendix A) that it and its responsible officer and alternate 
responsible officers are citizens of the United States as defined at 
Sec. 514.2; and
    (6) Certification signed by the chief executive officer of the 
applicant that the responsible officer will be provided sufficient staff 
and resources to fulfill his/her duties and obligations on behalf of the 
sponsor.
    (d) The Agency may request any additional information and 
documentation which it deems necessary to evaluate the application.



Sec. 514.6  Designation.

    (a) Upon a favorable determination that the proposed exchange 
program meets all statutory and regulatory requirements, the Agency may, 
in its sole discretion, designate an entity meeting the eligibility 
requirements set forth in Sec. 514.3 as an exchange visitor program 
sponsor.
    (b) Designation shall confer upon the sponsor authority to engage in 
one or more activities specified in Sec. 514.4. A sponsor shall not 
engage in activities not specifically authorized in its written 
designation.
    (c) Designations are effective for a period of five years. In its 
discretion, the Agency may designate programs, including experimental 
programs, for less than five years.
    (d) Designations are not transferable or assignable.



Sec. 514.7  Redesignation.

    (a) Upon expiration of a given designation term, a sponsor may seek 
redesignation for another five-year term.
    (b) To apply for redesignation, a sponsor shall advise the Exchange 
Visitor Program Services by letter or by so indicating on the annual 
report.
    (c) Request for redesignation shall be evaluated according to the 
criteria set forth at Sec. 514.6(a) taking into account the sponsor's 
annual reports and other documents reflecting its record as an exchange 
visitor program sponsor.
    (d) A sponsor seeking redesignation should notify the Agency, as set 
forth in (b) of this section, no less than four months prior to the 
expiration date of its designation. A sponsor seeking redesignation may 
continue to operate its program(s) until such time as the Agency 
notifies it of a decision to amend or terminate its designation.



Sec. 514.8  General program requirements.

    (a) Size of program. Sponsors, other than Federal government 
agencies, shall have no less than five exchange visitors per calendar 
year. The Agency may in its discretion and for good cause shown reduce 
this requirement.
    (b) Minimum duration of program. Sponsors, other than federal 
government agencies, shall provide each exchange visitor, except short-
term scholars, with a minimum period of participation in the United 
States of three weeks.
    (c) Reciprocity. In the conduct of their exchange programs, sponsors 
shall make a good faith effort to achieve the

[[Page 183]]

fullest possible reciprocity in the exchange of persons.
    (d) Cross-cultural activities. Sponsors shall:
    (1) Offer or make available to exchange visitors a variety or 
appropriate cross-cultural activities. The extent and types of the 
cross-cultural activities shall be determined by the needs and interests 
of the particular category of exchange visitor. Sponsors will be 
responsible to determine the appropriate type and number of cross-
cultural programs for their exchange visitors. The Agency encourages 
sponsors to give their exchange visitors the broadest exposure to 
American society, culture and institutions; and
    (2) Encourage exchange visitors to voluntarily participate in 
activities which are for the purpose of sharing the language, culture, 
or history of their home country with Americans, provided such 
activities do not delay the completion of the exchange visitors' 
programs.



Sec. 514.9  General obligations of sponsors.

    (a) Adherence to agency regulations. Sponsors are required to adhere 
to all regulations set forth in this part.
    (b) Legal status. Sponsors shall maintain legal status. A change in 
a sponsor's legal status (e.g. partnership to corporation) shall require 
application for designation of the new legal entity.
    (c) Accreditation and licensure. Sponsors shall remain in compliance 
with all local, state, federal, and professional requirements necessary 
to carry out the activity for which they are designated, including 
accreditation and licensure, if applicable.
    (d) Representations and disclosures. Sponsors shall:
    (1) Provide accurate and complete information, to the extent 
lawfully permitted, to the Agency regarding their exchange visitor 
programs and exchange visitors;
    (2) Provide only accurate information to the public when advertising 
their exchange visitor programs or responding to public inquiries;
    (3) Provide informational materials to prospective exchange visitors 
which clearly explain the activities, costs, conditions, and 
restrictions of the program;
    (4) Not use program numbers on any advertising materials or 
publications intended for general circulation; and
    (5) Not represent that any program is endorsed, sponsored, or 
supported by the Agency or the United States Government, except for 
United States Government sponsors or exchange visitor programs financed 
directly by the United States Government to promote international 
educational exchanges. However, sponsors may represent that they are 
designated by the Agency as a sponsor of an exchange visitor program.
    (e) Financial responsibility. (1) Sponsors shall maintain the 
financial capability to meet at all times their financial obligations 
and responsibilities attendant to successful sponsorship of their 
exchange visitor programs.
    (2) The Agency may require non-government sponsors to provide 
evidence satisfactory to the Agency that funds necessary to fulfill all 
obligations and responsibilities attendant to sponsorship of exchange 
visitors are readily available and in the sponsor's control, including 
such supplementary or explanatory financial information as the Agency 
may deem appropriate such as, for example, audited financial statements.
    (3) The Agency may require any non-government sponsor to secure a 
payment bond in favor of the Agency guaranteeing all financial 
obligations arising from the sponsorship of exchange visitors.
    (f) Staffing and support services. Sponsors shall ensure:
    (1) Adequate staffing and sufficient support services to administer 
their exchange visitor programs; and
    (2) That their employees, officers, agents, and third parties 
involved in the administration of their exchange visitor programs are 
adequately qualified, appropriately trained, and comply with the 
Exchange Visitor Program regulations.
    (g) Appointment of responsible officer. (1) The sponsor shall 
appoint a responsible officer and such alternate responsible officers as 
may be necessary to perform the duties set forth at Sec. 514.11.

[[Page 184]]

    (2) The responsible officer and alternate responsible officers shall 
be employees or officers of the sponsor. The Agency may, however, in its 
discretion, authorize the appointment of an individual who is not an 
employee or officer to serve as an alternate responsible officer, when 
approved by the sponsor.
    (3) The Agency may limit the number of alternate responsible 
officers appointed by the sponsor.



Sec. 514.10  Program administration.

    Sponsors are responsible for the effective administration of their 
exchange visitor programs. These responsibilities include:
    (a) Selection of exchange visitors. Sponsors shall provide a system 
to screen and select prospective exchange visitors to ensure that they 
are eligible for program participation, and that:
    (1) The program is suitable to the exchange visitor's background, 
needs, and experience; and
    (2) The exchange visitor possesses sufficient proficiency in the 
English language to participate in his or her program.
    (b) Pre-arrival information. Sponsors shall provide exchange 
visitors with pre-arrival materials including, but not limited to, 
information on:
    (1) The purpose of the Exchange Visitor Program;
    (2) Home-country physical presence requirement;
    (3) Travel and entry into the United States;
    (4) Housing;
    (5) Fees payable to the sponsor;
    (6) Other costs that the exchange visitor will likely incur (e.g., 
living expenses) while in the United States;
    (7) Health care and insurance; and
    (8) Other information which will assist exchange visitors to prepare 
for their stay in the United States.
    (c) Orientation. Sponsors shall offer appropriate orientation for 
all exchange visitors. Sponsors are encouraged to provide orientation 
for the exchange visitor's immediate family, especially those who are 
expected to be in the United States for more than one year. Orientation 
shall include, but not be limited to, information concerning:
    (1) Life and customs in the United States;
    (2) Local community resources (e.g., public transportation, medical 
centers, schools, libraries, recreation centers, and banks), to the 
extent possible;
    (3) Available health care, emergency assistance, and insurance 
coverage;
    (4) A description of the program in which the exchange visitor is 
participating;
    (5) Rules that the exchange visitors are required to follow under 
the sponsor's program;
    (6) Address of the sponsor and the name and telephone number of the 
responsible officer; and
    (7) Address and telephone number of the Exchange Visitor Program 
Services of the Agency and a copy of the Exchange Visitor Program 
brochure outlining the regulations relevant to the exchange visitors.
    (d) Form IAP-66. Sponsors shall ensure that only the responsible 
officer or alternate responsible officers issue Forms IAP-66;
    (e) Monitoring of exchange visitors. Sponsors shall monitor, through 
employees, officers, agents, or third parties, the exchange visitors 
participating in their programs. Sponsors shall:
    (1) Ensure that the activity in which the exchange visitor is 
engaged is consistent with the category and activity listed on the 
exchange visitor's Form IAP-66;
    (2) Monitor the progress and welfare of the exchange visitor to the 
extent appropriate for the category; and
    (3) Require the exchange visitor to keep the sponsor apprised of his 
or her address and telephone number, and maintain such information.
    (f) Requests by the agency. Sponsors shall, to the extent lawfully 
permitted, furnish to the Agency within a reasonable time all 
information, reports, documents, books, files, and other records 
requested by the Agency on all matters related to their exchange visitor 
programs.
    (g) Inquiries and investigations. Sponsors shall cooperate with any 
inquiry or investigation that may be undertaken by the Agency.
    (h) Retention of records. Sponsors shall retain all records related 
to their exchange visitor program and exchange visitors for a minimum of 
three years.

[[Page 185]]



Sec. 514.11  Duties of responsible officers.

    Responsible officers shall train and supervise alternate responsible 
officers. Responsible officers and alternate responsible officers shall:
    (a) Knowledge of regulations and codebook. Be thoroughly familiar 
with the Exchange Visitor Program regulations and the Agency's current 
Codebook and Instructions for Responsible Officers.
    (b) Advisement and assistance. Ensure that the exchange visitor 
obtains sufficient advice and assistance to facilitate the successful 
completion of the exchange visitor's program.
    (c) Communications. Conduct the official communications relating to 
the exchange visitor program with the Agency, the United States 
Immigration and Naturalization Service, or the United States Department 
of State. Reference to the sponsor's program number shall be made on any 
correspondence with the Agency.
    (d) Custody of the Form IAP-66. Act as custodian for the control, 
issuance, and distribution of Forms IAP-66 as set forth in Sec. 514.12.



Sec. 514.12  Control of Forms IAP-66.

    Forms IAP-66 shall be used only for authorized purposes. To maintain 
adequate control of Forms IAP-66, responsible officers or alternate 
responsible officers shall:
    (a) Requests. Submit written requests to the Agency for a one-year 
supply of Forms IAP-66, and allow four to six weeks for the distribution 
of these forms. The Agency has the discretion to determine the number of 
Forms IAP-66 to be sent to a sponsor. The Agency will take into 
consideration the current size of the program and the projected 
expansion of the program in the coming 12 months. If requested, the 
Agency will consult with the responsible officer prior to determining 
the number of Forms IAP-66 to be sent to the sponsor. Additional forms 
may be requested later in the year if needed by the sponsor.
    (b) Verification. Prior to issuing Form IAP-66, verify that the 
exchange visitor:
    (1) Is eligible, qualified, and accepted for the program in which he 
or she will be participating;
    (2) Possesses adequate financial resources to complete his or her 
program; and
    (3) Possesses adequate financial resources to support any 
accompanying dependents.
    (c) Issuance of Form IAP-66. Issue the Form IAP-66 only so as to:
    (1) Facilitate the entry of a new participant of the exchange 
visitor program;
    (2) Extend the stay of an exchange visitor;
    (3) Facilitate program transfer;
    (4) Replace a lost or stolen Form IAP-66;
    (5) Facilitate entry of an exchange visitor's alien spouse or minor 
unmarried children into the United States separately;
    (6) Facilitate re-entry of an exchange visitor who is traveling 
outside the United States during the program;
    (7) Facilitate a change of category when permitted by the Agency; 
and
    (8) Update information when significant changes take place in regard 
to the exchange visitor's program, such as a substantial change in 
funding or in the location where the program will take place.
    (d) Safeguards. (1) Store Forms IAP-66 securely to prevent 
unauthorized use;
    (2) Prohibit transfer of any blank Form IAP-66 to another sponsor or 
other person unless authorized in writing (by letter or facsimile) by 
the Agency to do so;
    (3) Notify the Agency promptly by telephone (confirmed promptly in 
writing) or facsimile of the document number of any completed Form IAP-
66 that is presumed lost or stolen or any blank Form IAP-66 lost or 
stolen; and
    (4) Forward the completed Form IAP-66 only to an exchange visitor, 
either directly or via an employee, officer, or agent of the sponsor, or 
to an individual designated by the exchange visitor.
    (e) Accounting. (1) Maintain a record of all Forms IAP-66 received 
and/or issued by the sponsor;
    (2) Destroy damaged and unusable Form IAP-66 on the sponsor's 
premises after making a record of such forms (e.g. forms with errors or 
forms damaged by a printer); and

[[Page 186]]

    (3) Request exchange visitors and prospective exchange visitors to 
return any unused Form IAP-66 sent to them and make a record of Forms 
IAP-66 which are returned to the sponsor and destroy them on the 
sponsor's premises.



Sec. 514.13  Notification requirements.

    (a) Change of circumstances. Sponsors shall notify the Agency 
promptly in writing of any of the following circumstances:
    (1) Change of its address, telephone, or facsimile number;
    (2) Change in the composition of the sponsoring organization which 
affects its citizenship as defined by Sec. 514.2;
    (3) Change of the responsible officer or alternate responsible 
officers;
    (4) A major change of ownership or control of the sponsor's 
organization;
    (5) Change in financial circumstances which may render the sponsor 
unable to comply with its obligations as set forth in Sec. 512.9(e);
    (6) Loss of licensure or accreditation;
    (7) Loss or theft of Forms IAP-66 as specified at Sec. 514.12(d)(3);
    (8) Litigation related to the sponsor's exchange visitor program, 
when the sponsor is a party; and
    (9) Termination of its exchange visitor program.
    (b) Serious problem or controversy. Sponsors shall inform the Agency 
promptly by telephone (confirmed promptly in writing) or facsimile of 
any serious problem or controversy which could be expected to bring the 
Agency or the sponsor's exchange visitor program into notoriety or 
disrepute.
    (c) Program status of exchange visitor. Sponsors shall notify the 
Agency in writing when:
    (1) The exchange visitor has withdrawn from or completed a program 
thirty (30) or more days prior to the ending date on his or her Form 
IAP-66; or
    (2) The exchange visitor has been terminated from his or her 
program.



Sec. 514.14  Insurance.

    (a) Sponsors shall require each exchange visitor to have insurance 
in effect which covers the exchange visitor for sickness or accident 
during the period of time that an exchange visitor participates in the 
sponsor's exchange visitor program. Minimum coverage shall provide:
    (1) Medical benefits of at least $50,000 per accident or illness;
    (2) Repatriation of remains in the amount of $7,500;
    (3) Expenses associated with the medical evacuation of the exchange 
visitor to his or her home country in the amount of $10,000; and
    (4) A deductible not to exceed $500 per accident or illness.
    (b) An insurance policy secured to fulfill the requirements of this 
section:
    (1) May require a waiting period for pre-existing conditions which 
is reasonable as determined by current industry standards;
    (2) May include provision for co-insurance under the terms of which 
the exchange visitor may be required to pay up to 25% of the covered 
benefits per accident or illness; and
    (3) Shall not unreasonably exclude coverage for perils inherent to 
the activities of the exchange program in which the exchange visitor 
participates.
    (c) Any policy, plan, or contract secured to fill the above 
requirements must, at a minimum, be:
    (1) Underwritten by an insurance corporation having an A.M. Best 
rating of ``A-'' or above, an Insurance Solvency International, Ltd. 
(ISI) rating of ``A-i'' or above, a Standard & Poor's Claims-paying 
Ability rating of ``A-'' or above, a Weiss Research, Inc. rating of B+ 
or above, or such other rating as the Agency may from time to time 
specify; or
    (2) Backed by the full faith and credit of the government of the 
exchange visitor's home country; or
    (3) Part of a health benefits program offered on a group basis to 
employees or enrolled students by a designated sponsor; or
    (4) Offered through or underwritten by a federally qualified Health 
Maintenance Organization (HMO) or eligible Competitive Medical Plan 
(CMP) as determined by the Health Care Financing Administration of the 
U.S. Department of Health and Human Services.

[[Page 187]]

    (d) Federal, state or local government agencies, state colleges and 
universities, and public community colleges may, if permitted by law, 
self-insure any or all of the above-required insurance coverage.
    (e) At the request of a non-governmental sponsor of an exchange 
visitor program, and upon a showing that such sponsor has funds readily 
available and under its control sufficient to meet the requirements of 
this section, the Agency may permit the sponsor to self-insure or to 
accept full financial responsibility for such requirements.
    (f) The Agency, in its sole discretion, may condition its approval 
of self-insurance or the acceptance of full financial responsibility by 
the non-governmental sponsor by requiring such sponsor to secure a 
payment bond in favor of the Agency guaranteeing the sponsor's 
obligations hereunder.
    (g) An accompanying spouse or dependent of an exchange visitor is 
required to be covered by insurance in the amounts set forth in 
Sec. 514.14(a) above. Sponsors shall inform exchange visitors of this 
requirement, in writing, in advance of the exchange visitor's arrival in 
the United States.
    (h) An exchange visitor who willfully fails to maintain the 
insurance coverage set forth above while a participant in an exchange 
visitor program or who makes a material misrepresentation to the sponsor 
concerning such coverage shall be deemed to be in violation of these 
regulations and shall be subject to termination as a participant.
    (i) A sponsor shall terminate an exchange visitor's participation in 
its program if the sponsor determines that the exchange visitor or any 
accompanying spouse or dependent willfully fails to remain in compliance 
with this section.

[58 FR 15196, Mar. 19, 1993, as amended at 59 FR 34761, July 7, 1994]



Sec. 514.15  Annual reports.

    Sponsors shall submit an annual report to the Agency. An 
illustrative form of such report may be found at Appendix D to this 
part. Such report shall be filed on an academic or calendar year basis, 
as directed by the Agency, and shall contain the following:
    (a) Program report and evaluation. A brief summary of the activities 
in which exchange visitors were engaged, including an evaluation of 
program effectiveness;
    (b) Reciprocity. A description of the nature and extent of 
reciprocity occurring in the sponsor's exchange visitor program during 
the reporting year;
    (c) Cross-cultural activities. A summary of the cross-cultural 
activities provided for its exchange visitors during the reporting year;
    (d) Proof of insurance. Certification of compliance with insurance 
coverage requirements set forth in Sec. 514.14.
    (e) Form IAP-66 usage. A report of Form IAP-66 usage during the 
reporting year setting forth the following information:
    (1) The total number of blank Forms IAP-66 received from the Agency 
during the reporting year;
    (2) The total number of Forms IAP-66 voided or destroyed by the 
sponsor during the reporting year and the document numbers of such 
forms;
    (3) The total number of Forms IAP-66 issued to potential exchange 
visitors that were returned to the sponsor or not used for entry into 
the United States; and
    (4) The total number and document identification number sequence of 
all blank Forms IAP-66 in the possession of the sponsor on the date of 
the report.
    (f) Program participation. A numerical count, by category, of all 
exchange visitors participating in the sponsor's program for the 
reporting year.
    (g) Redesignation. Sponsors may indicate their desire for 
redesignation, pursuant to Sec. 514.7, by marking the appropriate box on 
their annual report.



Sec. 514.16  Employment.

    (a) An exchange visitor may receive compensation from the sponsor or 
the sponsor's appropriate designee for employment when such activities 
are part of the exchange visitor's program.
    (b) An exchange visitor who engages in unauthorized employment shall 
be deemed to be in violation of his or her

[[Page 188]]

program status and is subject to termination as a participant in an 
exchange visitor program.
    (c) The acceptance of employment by an accompanying spouse or minor 
child of an exchange visitor is governed by Immigration and 
Naturalization Service regulations.
Sec. 514.17  Fees and charges. [Reserved]



                 Subpart B--Specific Program Provisions



Sec. 514.20  Professors and research scholars.

    (a) Introduction. These regulations govern professors and research 
scholars, except:
    (1) Alien physicians in graduate medical education or training, who 
are governed by regulations set forth at Sec. 514.27; and
    (2) Short-term scholars, who are governed by regulations set forth 
at Sec. 514.21.
    (b) Purpose. A primary purpose of the Exchange Visitor Program is to 
foster the exchange of ideas between Americans and foreign nationals and 
to stimulate international collaborative teaching and research efforts. 
The exchange of professors and research scholars promotes interchange, 
mutual enrichment, and linkages between research and educational 
institutions in the United States and foreign countries. It does so by 
providing foreign professors and research scholars the opportunity to 
engage in research, teaching, and lecturing with their American 
colleagues, to participate actively in cross-cultural activities with 
Americans, and ultimately to share with their fellow citizens their 
experiences and increased knowledge about the United States and their 
substantive fields.
    (c) Designation. The Agency may, in its sole discretion, designate 
bona fide programs which offer foreign nationals the opportunity to 
engage in research, teaching, lecturing, observing, or consulting at 
research institutions, corporate research facilities, museums, 
libraries, post-secondary accredited educational institutions, or 
similar types of institutions in the United States.
    (d) Visitor eligibility. An individual may be selected for 
participation in the Exchange Visitor Program as a professor or research 
scholar subject to the following conditions:
    (i) The participant shall not be a candidate for tenure track 
position; and
    (ii) The participant has not been physically present in the United 
States as a nonimmigrant pursuant to the provisions of 8 U.S.C. 
1101(a)(15)(J) for all or part of the twelve month period immediately 
preceding the date of program commencement set forth on his or her Form 
IAP-66, unless:
    (A) The participant is transferring to the sponsor's program as 
provided in Sec. 514.42; or
    (B) The participant's presence in the United States was of less than 
six months duration; or
    (C) The participant's presence in the United States was pursuant to 
a Short-term scholar exchange activity as authorized by Sec. 514.21.
    (e) Insurance of Form IAP-66. The Form IAP-66 shall be issued only 
after the professor or research scholar has been accepted by the 
institution(s) where he or she will participate in an exchange visitor 
program.
    (f) Location of the exchange. Professors or research scholars shall 
conduct their exchange activity at the location(s) listed on the Form 
IAP-66, which could be either at the location of the exchange visitor 
sponsor or the site of a third party facilitating the exchange. An 
exchange visitor may also engage in activities at locations not listed 
on the Form IAP-66 if such activities constitute occasional lectures or 
consultations as permitted by Sec. 514.20(g).
    (g) Occasional lectures or consultations. Professors and research 
scholars may participate in occasional lectures and short-term 
consultations, unless disallowed by the sponsor. Such lectures and 
consultations must be incidental to the exchange visitor's primary 
program activities. If wages or other remuneration are received by the 
exchange visitor for such activities, the exchange visitor must act as 
an independent contractor, as such term is defined in 8 CFR 274a.1(j), 
and the following criteria and procedures shall be satisfied:

[[Page 189]]

    (1) Criteria. The occasional lectures or short-term consultations 
shall:
    (i) Be directly related to the objectives of the exchange visitor's 
program;
    (ii) Be incidental to the exchange visitor's primary program 
activities; and
    (iii) Not delay the completion date of the visitor's program.
    (2) Procedures.
    (i) To obtain authorization to engage in occasional lectures or 
short-term consultations involving wages or other remuneration, the 
exchange visitor shall present to the responsible officer:
    (A) A letter from the offeror setting forth the terms and conditions 
of the offer to lecture or consult, including the duration, number of 
hours, field or subject, amount of compensation, and description of such 
activity; and
    (B) A letter from his or her department head or supervisor 
recommending such activity and explaining how it would enhance the 
exchange visitor's program.
    (ii) The responsible officer shall review the letters required in 
Sec. 514.20(g)(2)(i) above and make a written determination whether such 
activity is warranted and satisfies the criteria set forth in 
Sec. 514.20(g)(1).
    (h) Category. At the discretion of the responsible officer, 
professors may freely engage in research and research scholars may 
freely engage in teaching and lecturing, unless disallowed by the 
sponsor. Because these activities are so intertwined, such a change of 
activity will not be considered a change of category necessitating a 
formal approval by the responsible officer or approval by the Agency. 
Any Form IAP-66 issued to the exchange visitor should reflect the 
current category of the exchange visitor, either professor or research 
scholar.
    (i) Duration of participation. The permitted duration of program 
participation for a professor or research scholar shall be as follows:
    (1) General limitation. The professor and research scholar shall be 
authorized to participate in the Exchange Visitor Program for the length 
of time necessary to complete his or her program, which time shall not 
exceed three years.
    (2) Exceptional circumstance. The Agency may authorize a designated 
Exchange Visitor Program sponsor to conduct an exchange activity 
requiring a period of program duration in excess of three years. A 
sponsor seeking to conduct a discrete activity requiring more than the 
permitted three years of program duration, but less than six years of 
program duration, shall make written request to the Agency and secure 
written Agency approval. Such request shall include:
    (i) A detailed explanation of the discrete exchange activity; and
    (ii) A certification that the participation of selected research 
scholars will be financed directly by United States or foreign 
government funds.
    (3) Change of category. A change between the categories of professor 
and research scholar shall not extend an exchange visitor's permitted 
period of participation beyond three years.
    (j) Extension of program. Professors and research scholars may be 
authorized program extensions as follows:
    (1) Responsible officer authorization. A responsible officer may 
extend, in his or her discretion and for a period not to exceed six 
months, the three year period of program participation permitted under 
Sec. 514.20(i). The responsible officer exercising his or her discretion 
shall do so only upon his or her affirmative determination that such 
extension is necessary in order to permit the research scholar or 
professor to complete a specific project or research activity.
    (2) Agency authorization. The Agency may extend, upon request and in 
its sole discretion, the three year period of program participation 
permitted under Sec. 514.20(i). A request for Agency authorization to 
extend the period of program participation for a professor or research 
scholar shall:
    (i) Be submitted to the Agency, unless prevented by extraordinary 
circumstance, no less than 60 days prior to the expiration of the 
participant's permitted three year period of program participation; and
    (ii) Present evidence, satisfactory to the Agency, that such request 
is justified due to exceptional or unusual circumstances and is 
necessary in order to permit the researcher or professor to

[[Page 190]]

complete a specific project or research activity.
    (3) Timeliness. The Agency will not review a request for Agency 
authorization to extend the three year period of program participation 
permitted under Sec. 514.20(i) unless timely filed; provided, however, 
that the Agency reserves the right to review a request that is not 
timely filed due to extraordinary circumstance.
    (4) Final decision. The Agency anticipates it will respond to 
requests for Agency authorization to extend the three year period of 
program participation permitted under Sec. 514.20(i) within 30 days of 
Agency receipt of such request and supporting documentation. Such 
response shall constitute the Agency's final decision.

[58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993, as amended at 
61 FR 29287, June 10, 1996]



Sec. 514.21  Short-term scholars.

    (a) Introduction. These regulations govern scholars coming to the 
United States for a period of up to four months to lecture, observe, 
consult, and to participate in seminars, workshops, conferences, study 
tours, professional meetings, or similar types of educational and 
professional activities.
    (b) Purpose. The Exchange Visitor Program promotes the interchange 
of knowledge and skills among foreign and American scholars. It does so 
by providing foreign scholars the opportunity to exchange ideas with 
their American colleagues, participate in educational and professional 
programs, confer on common problems and projects, and promote 
professional relationships and communications.
    (c) Designation. The Agency may, in its sole discretion, designate 
bona fide programs which offer foreign nationals the opportunity to 
engage in short-term visits for the purpose of lecturing, observing, 
consulting, training, or demonstrating special skills at research 
institutions, museums, libraries, post-secondary accredited educational 
institutions, or similar types of institutions.
     (d) Visitor eligibility. A person participating in the Exchange 
Visitor Program under this section shall satisfy the definition of a 
short-term scholar as set forth in Sec. 514.4.
    (e) Cross-cultural activities and orientation. Due to the nature of 
such exchanges, sponsors of programs for short-term scholars shall be 
exempted from the requirements of providing cross-cultural activities 
and orientation as set forth in Sec. 514.8(d) and Sec. 514.10(c). 
However, sponsors are encouraged to provide such programs for short-term 
scholars whenever appropriate.
    (f) Location of the exchange. The short-term scholar shall 
participate in the Exchange Visitor Program at the conferences, 
workshops, seminars, or other events or activities stated on his or her 
Form IAP-66.
    (g) Duration of participation. The short-term scholar shall be 
authorized to participate in the Exchange Visitor Program for the length 
of time necessary to complete the program, which time shall not exceed 
six months. Programs under this section are exempted from Sec. 514.8(b) 
governing the minimum duration of a program. Extensions beyond the 
duration of participation are not permitted under this category.

[58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993, as amended at 
61 FR 39585, July 30, 1996]



Sec. 514.22  Trainees.

    (a) Introduction. These regulations govern all exchange visitor 
programs under which foreign nationals are provided with opportunities 
for receiving training in the United States. Regulations dealing with 
training opportunities which may, under certain conditions, be 
authorized for foreign students who are studying at post-secondary 
accredited educational institutions in the United States are found at 
Sec. 514.23. Regulations governing medical trainees are found at 
Sec. 514.27.
    (b) Purpose of training. The primary objectives of training are to 
enhance the exchange visitor's skills in his or her specialty or non-
specialty occupation through participation in a structured training 
program and to improve the participant's knowledge of American 
techniques, methodologies, or expertise within the individual's field of 
endeavor. Such training programs are also designed to enable the 
exchange visitor trainee to understand better American culture and 
society and to

[[Page 191]]

enhance American knowledge of foreign cultures and skills by providing 
the opportunity for an open interchange of ideas between the exchange 
visitor trainees and their American counterparts. Use of the Exchange 
Visitor Program for ordinary employment or work purposes is strictly 
prohibited. For this reason the regulations in this section are designed 
to distinguish between receiving training, which is permitted, and 
gaining experience, which is not permitted unless as a component of a 
bona fide training program.
    (c) Designation of training programs. (1) The Agency groups 
occupations into specialty, non-specialty, or unskilled occupational 
categories. The Agency will designate training programs in specialty and 
non-specialty occupations. Training programs in unskilled occupations or 
occupations in other categories which the Agency may from time to time 
identify by publication in the Federal Register will not be designated. 
For purposes of these regulations, the Agency considers the occupations 
listed in Appendix E to part 514 to be ``unskilled occupations.''
    (2) For purposes of designation, the Agency will designate specialty 
and skilled non-specialty occupational training programs in any of the 
following occupational categories:

(i) Arts and Culture;
(ii) Information Media and Communications;
(iii) Education, Social Sciences, Library Science, Counseling and Social 
Services;
(iv) Management, Business, Commerce and Finance;
(v) Health Related Occupations;
(vi) Aviation;
(vii) The Sciences, Engineering, Architecture, Mathematics, and 
Industrial Occupations;
(viii) Construction and Building Trades;
(ix) Agriculture, Forestry and Fishing;
(x) Public Administration and Law;
(xi) Other (Specify).

    (3) Sponsors may apply for designation for training programs in any 
combination of specialty and/or non-specialty occupations. Once 
designated, the sponsor may provide training in any occupation falling 
within the designated category, if not otherwise prohibited from doing 
so. Sponsors shall provide training to exchange visitors only in the 
category or categories for which they have obtained Agency designation.
    (d) Obligations of training program sponsors. (1) Sponsors 
designated by the Agency to provide training to foreign exchange 
visitors shall:
    (i) Ensure that individuals and/or entities conducting training 
possess and maintain the demonstrable competence to provide training in 
the subjects offered to each exchange visitor.
    (ii) Ensure that skills, knowledge, and competence are imparted to 
the trainee through a structured program of activities which are 
supportive and appropriate to the training experience. These may 
include, for example, classroom training, seminars, rotation through 
several departments, on-the-job training, and attendance at conferences, 
as appropriate.
    (iii) Develop, prior to the start of training, a detailed training 
plan geared to defined objectives for each trainee or group of 
similarly-situated trainees.
    (iv) Ensure that continuous supervision and periodic evaluation of 
each trainee is provided.
    (v) Ensure that sufficient plant, equipment, and trained personnel 
are available to provide the training specified.
    (2) Sponsors designated by the Agency to provide training to foreign 
exchange visitors shall not:
    (i) Provide training in unskilled occupations; or
    (ii) Place trainees in positions which are filled or would be filled 
by full-time or part-time employees.
    (e) Use of third parties. (1) The sponsor may utilize the services 
of third parties in the conduct of the designated training program. If a 
third party is utilized, the sponsor and the third party shall execute a 
written agreement which delineates the respective obligations and duties 
of the parties and specifically recites the third party's obligation to 
act in accordance with these regulations. The sponsor shall maintain a 
copy of such agreement in its files.
    (2) The sponsor's use of a third party in the conduct of a 
designated training

[[Page 192]]

program does not relieve the sponsor of its obligation to comply, and to 
ensure the third party's compliance, with all applicable regulations. 
Any failure on the part of the third party to comply with all applicable 
regulations will be imputed to the sponsor.
    (f) Application for designation of training programs. (1) An 
applicant for designation as an exchange visitor training program shall 
demonstrate to the Agency its ability to comply with both the General 
Provisions set forth in subpart A, and the obligations of training 
sponsors set forth in Sec. 514.22(d).
    (2)(i) An applicant shall provide the Agency with documentary 
evidence of its competence to provide the training for which designation 
is sought.
    (ii) If third parties are to be used to conduct one or more aspects 
of the activities for which designation is sought, the applicant shall 
provide the Agency with forms and procedures which will be used by the 
sponsor to ensure third party compliance with all applicable regulations 
and fulfillment of the goals and purposes of the sponsor's exchange 
visitor program.
    (iii) If the applicant intends to utilize the services of third 
parties to conduct the training, a copy of an executed third-party 
agreement or, if one has not yet been executed, an illustrative copy of 
the type of agreement the applicant intends to execute with third 
parties shall be submitted with the application.
    (3) If the training program is accredited in accordance with 
Sec. 514.22(n), the applicant shall include a copy of the accreditation 
in its application.
    (4) The application shall include a certification that:
    (i) Sufficient physical plant, equipment, and trained personnel will 
be dedicated to provide the training specified;
    (ii) The training program is not designed to recruit and train 
aliens for employment in the United States;
    (iii) Trainees will not be placed in positions which displace full-
time or part-time employees.
    (5) As to each occupational division for which the applicant seeks 
designation, the applicant shall indicate whether it intends to provide 
training in specialty or non-specialty occupations, or both.
    (6) In order to meet the requirements of this subsection and to 
evidence the competence of the applicant and/or third parties conducting 
one or more aspects of the applicant's exchange visitor program to 
provide training, the applicant for designation may submit any one of 
the following types of training plans for each division for which 
designation is sought;
    (i) If the applicant has already designed a structured training plan 
to use in the proposed exchange visitor program, a copy of such training 
plan may be submitted with the application;
    (ii) If the applicant has not yet prepared a new training plan, but 
has been engaged previously in the type of training, directly or through 
third parties, for which designation is being sought, the applicant may 
demonstrate its capability to conduct such training by submitting a copy 
of a previously used training plan;
    (iii) If the applicant proposes to create individualized training 
plans for as yet unidentified trainees, then the applicant may submit a 
hypothetical training plan which illustrates the training the applicant 
proposes to provide, directly or through third parties.
    (g) The training plan. Each training plan required to be prepared 
for a trainee or group of trainees pursuant to Sec. 514.22(d)(1)(iii) 
above, shall include, at a minimum,
    (1) A statement of the objectives of the training;
    (2) The skills to be imparted to the trainee;
    (3) A copy of the training syllabus or chronology;
    (4) A justification for the utilization of on-the-job training to 
achieve stated course competencies; and
    (5) A description of how the trainee will be supervised and 
evaluated.
    (h) Agency consultation with experts. The Agency may consult experts 
whenever its examination of a training plan or its evaluation of 
application for designation indicates the need for such expertise in 
making an evaluation.
    (i) Records. Sponsors shall retain for three years all records 
pertaining to individual trainees, training plans, trainee evaluations, 
and agreements with

[[Page 193]]

third parties. Such records shall be made available to the Agency upon 
the Agency's request.
    (j) Selection of trainees. In addition to meeting the requirements 
of Sec. 514.10(a), trainees shall be fully qualified to participate 
successfully in a structured training program at a level appropriate for 
the individual trainee's career development. However, such training 
shall not be duplicative of the trainee's prior training and experience.
    (k) Duration of participation. The duration of participation shall 
correspond to the length of the program set forth in the sponsor's 
designation. The maximum period of participation in the Exchange Visitor 
Program for a trainee shall not exceed 18 months total.
    (l) Financial and program disclosure. Sponsors shall provide 
trainees, prior to their arrival in the United States, with:
    (1) A written statement which clearly states the stipend, if any, to 
be paid to the trainee;
    (2) The costs and fees for which the trainee will be obligated;
    (3) An estimate of living expenses during the duration of the 
trainee's stay; and
    (4) A summary of the training program which recites the training 
objectives and all significant components of the program.
    (m) Evaluation. In order to ensure the quality of the training 
program, the sponsor shall develop procedures for the ongoing evaluation 
of each training segment. Such evaluation shall include, as a minimum, 
midpoint and concluding evaluation reports from the trainee and his or 
her immediate supervisor, signed by both parties. For training courses 
of less than three months duration, evaluation reports are required upon 
conclusion of the training program.
    (n) Flight training. (1) The Agency will consider the application 
for designation of a flight training program if such program complies 
with the above regulations, and, additionally,
    (i) Is, at the time of making said application, a Federal Aviation 
Administration certificated pilot school pursuant to title 14, Code of 
Federal Regulations, part 141; and
    (ii) At the time of making said application is accredited as a 
flight training program by an accrediting agency which is listed in the 
current edition of the United States Department of Education's 
``Nationally Recognized Accrediting Agencies and Associations,'' or is 
accredited as a flight training program by a member of the Council on 
Postsecondary Accreditation; or
    (iii) At the time of making said application has formally commenced 
the accreditation process with an accrediting agency which is listed in 
the current edition of the United States Department of Education's 
``Nationally Recognized Accrediting Agencies and Associations,'' or with 
a member of the Council on Postsecondary Accreditation. If the 
application for designation is approved, such designation shall be for 
up to twelve-months duration, with continued designation thereafter 
conditioned upon completion of the accreditation process.
    (2) Notwithstanding the provisions of Sec. 514.22(k), supra, the 
maximum period of participation for exchange visitors in designated 
flight training programs shall not exceed 24 months total. Any request 
for extension of time in excess of that authorized under this subsection 
shall be made in accordance with Sec. 514.43, infra.
    (3) For purposes of meeting the evaluation requirements set forth in 
Sec. 514.22(m), sponsors and/or third parties conducting the training 
may utilize the same training records as are required by the Federal 
Aviation Administration to be maintained pursuant to 14 CFR 141.101.

[58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993]



Sec. 514.23  College and university students.

    (a) Purpose. Programs under Sec. 514.23 provide foreign students the 
opportunity to participate in a designated exchange program while 
studying at a degree-granting post-secondary accredited educational 
institution. Exchange visitors under this category may participate in 
degree and non-degree programs. Such exchanges are intended to promote 
mutual understanding by fostering the exchange of ideas between

[[Page 194]]

foreign students and their American counterparts.
    (b) Designation. The Agency may, in its sole discretion, designate 
bona fide programs which offer foreign nationals the opportunity to 
study in the United States at post-secondary accredited educational 
institutions.
    (c) Selection criteria. Sponsors select the college and university 
students who participate in their exchange visitor programs. Sponsors 
shall secure sufficient background information on the students to ensure 
that they have the academic credentials required for their program. 
Students are eligible for the Exchange Visitor Program if at any time 
during their college studies in the United States:
    (1) They or their program are financed directly or indirectly by:
    (i) The United States Government;
    (ii) The government of the student's home country; or
    (iii) An international organization of which the United States is a 
member by treaty or statute;
    (2) The programs are carried out pursuant to an agreement between 
the United States Government and a foreign government;
    (3) The program are carried out pursuant to written agreement 
between:
    (i) American and foreign educational institutions;
    (ii) An American educational institution and a foreign government; 
or
    (iii) A state or local government in the United States and a foreign 
government; or
    (4) The exchange visitors are supported substantially by funding 
from any source other than personal or family funds.
    (d) Admissions requirement. In addition to satisfying the 
requirements of Sec. 514.10(a), sponsors shall ensure that the exchange 
visitor student has been admitted to the post-secondary accredited 
educational institution(s) listed on the Form IAP-66 before issuing the 
form.
    (e) Full course of study requirement. Exchange visitor students 
shall pursue a full course of study at a post-secondary accredited 
educational institution in the United States as defined in Sec. 514.2, 
except under the following circumstances:
    (1) Vacation. During official school breaks and summer vacations if 
the student is eligible and intends to register for the next term. A 
student attending a school on a quarter or trimester calendar may be 
permitted to take the annual vacation during any one of the quarters or 
trimesters instead of during the summer.
    (2) Medical problem. If the student is compelled to reduce or 
interrupt a full course of study due to an illness or medical condition 
and the student presents to the responsible officer a written statement 
from a physician requiring or recommending an interruption or reduction 
in studies.
    (3) Bona fide academic reason. If the student is compelled to pursue 
less than a full course of study for a term and the student presents to 
the responsible officer a written statement from the academic dean or 
advisor recommending the student to reduce his or her academic load to 
less than a full course of study due to an academic reason.
    (4) Non-degree program. If the student is engaged full time in a 
prescribed course of study in a non-degree program of up to 24 months 
duration conducted by a post-secondary accredited educational 
institution.
    (5) Academic training. If the student is participating in authorized 
academic training in accordance with Sec. 514.23(f).
    (6) Final term. If the student needs less than a full course of 
study to complete the academic requirements in his or her final term.
    (f) Academic training. (1) A student may participate in academic 
training programs during his or her studies, without wages or other 
remuneration, with the approval of the academic dean or advisor and the 
responsible officer.
    (2) A student may be authorized to participate in academic training 
programs for wages or other remuneration:
    (i) During his or her studies; or
    (ii) Commencing not later than thirty (30) days after completion of 
his or her studies, if the criteria, time limitations, procedures, and 
evaluations listed below in paragraphs (f) (3) to (6) are satisfied:
    (3) Criteria.

[[Page 195]]

    (i) The student is primarily in the United States to study rather 
than engage in academic training;
    (ii) The student is participating in academic training that is 
directly related to his or her major field of study at the post-
secondary accredited educational institution listed on his or her Form 
IAP-66;
    (iii) The student is in good academic standing with the post-
secondary accredited educational institution; and
    (iv) The student receives written approval in advance from the 
responsible officer for the duration and type of academic training.
    (4) Time limitations. The exchange visitor is authorized to 
participate in academic training for the length of time necessary to 
complete the goals and objectives of the training, provided that the 
amount of time for academic training:
    (i) Is approved by the academic dean or advisor and approved by the 
responsible officer;
    (ii) For undergraduate and pre-doctoral training, does not exceed 
eighteen (18) months, inclusive of any prior academic training in the 
United States, or the period of full course of study in the United 
States, whichever is less; except, additional time for academic training 
is allowed to the extent necessary for the exchange visitor to satisfy 
the mandatory requirements of his or her degree program in the United 
States;
    (iii) For post-doctoral training, does not exceed a total of thirty-
six (36) months, inclusive of any prior academic training in the United 
States as an exchange visitor, or the period of the full course of study 
in the United States, whichever is less. A new Form IAP-66 shall be 
issued for each eighteen (18) month period.
    (5) Procedures. To obtain authorization to engage in academic 
training:
    (i) The exchange visitor shall present to the responsible officer a 
letter of recommendation from the student's academic dean or advisor 
setting forth:
    (A) The goals and objectives of the specific training program;
    (B) A description of the training program, including its location, 
the name and address of the training supervisor, number of hours per 
week, and dates of the training;
    (C) How the training relates to the student's major field of study; 
and
    (D) Why it is an integral or critical part of the academic program 
of the exchange visitor student.
    (ii) The responsible officer shall:
    (A) Determine if and to what extent the student has previously 
participated in academic training as an exchange visitor student, in 
order to ensure the student does not exceed the period permitted in 
Sec. 514.23(f);
    (B) Review the letter required in paragraph (f)(5)(i) of this 
section; and
    (C) Make a written determination of whether the academic training 
currently being requested is warranted and the criteria and time 
limitations set forth in Sec. 514.23(f) (3) and (4) are satisfied.
    (6) Evaluation requirements. The sponsor shall evaluate the 
effectiveness and appropriateness of the academic training in achieving 
the stated goals and objectives in order to ensure the quality of the 
academic training program.
    (g) Student employment. Exchange visitor students may engage in 
part-time employment when the following criteria and conditions are 
satisfied.
    (1) The student employment:
    (i) Is pursuant to the terms of a scholarship, fellowship, or 
assistantship;
    (ii) Occurs on the premises of the post-secondary accredited 
educational institution the visitor is authorized to attend; or
    (iii) Occurs off-campus when necessary because of serious, urgent, 
and unforeseen economic circumstances which have arisen since acquiring 
exchange visitor status.
    (2) Exchange visitor students may engage in employment as provided 
in paragraph (g)(1) of this section if the:
    (i) Student is in good academic standing at the post-secondary 
accredited educational institution;
    (ii) Student continues to engage in a full course of study, except 
for official school breaks and the student's annual vacation;
    (iii) Employment totals no more than 20 hours per week, except 
during official school breaks and the student's annual vacation; and

[[Page 196]]

    (iv) The responsible officer has approved the specific employment in 
advance and in writing. Such approval may be valid up to twelve months, 
but is automatically withdrawn if the student's program is terminated.
    (h) Duration of participation--(1) Degree students. Exchange visitor 
students who are in degree programs shall be authorized to participate 
in the Exchange Visitor Program as long as they are either:
    (i) Studying at the post-secondary accredited educational 
institution listed on their Form IAP-66 and are:
    (A) Pursuing a full course of study as set forth in Sec. 514.23(e), 
and
    (B) Maintaining satisfactory advancement towards the completion of 
their academic program; or
    (ii) Participating in an authorized academic training program as 
permitted in Sec. 514.23(f).
    (2) Non-degree students. Exchange visitors who are non-degree 
students shall be authorized to participate in the Exchange Visitor 
Program for up to 24 months, if they are either:
    (i) Studying at the post-secondary accredited educational 
institution listed on their Form IAP-66 and are:
    (A) Participating full-time in a prescribed course of study; and
    (B) Maintaining satisfactory advancement towards the completion of 
their academic program; or
    (ii) Participating in an authorized academic training program as 
permitted in Sec. 514.23(f).



Sec. 514.24  Teachers.

    (a) Purpose. These regulations govern exchange visitors who teach 
full-time in primary and secondary accredited educational institutions. 
Programs under Sec. 514.24 promote the interchange of American and 
foreign teachers in public and private schools and the enhancement of 
mutual understanding between people of the United States and other 
countries. They do so by providing foreign teachers opportunities to 
teach in primary and secondary accredited educational institutions in 
the United States, to participate actively in cross-cultural activities 
with Americans in schools and communities, and to return home ultimately 
to share their experiences and their increased knowledge of the United 
States. Such exchanges enable visitors to understand better American 
culture, society, and teaching practices at the primary and secondary 
levels, and enhance American knowledge of foreign cultures, customs, and 
teaching approaches.
    (b) Designation. The Agency may, in its discretion, designate bona 
fide programs satisfying the objectives in section (a) above as exchange 
visitor programs in the teacher category.
    (c) Visitor eligibility. A foreign national shall be eligible to 
participate in an exchange visitor program as a full-time teacher if the 
individual:
    (1) Meets the qualifications for teaching in primary or secondary 
schools in his or her country of nationality or last legal residence;
    (2) Satisfies the standards of the U.S. state in which he or she 
will teach;
    (3) Is of good reputation and character;
    (4) Seeks to come to the United States for the purpose of full-time 
teaching at a primary or secondary accredited educational institution in 
the United States; and
    (5) Has a minimum of three years of teaching or related professional 
experience.
    (d) Visitor selection. Sponsors shall adequately screen teachers 
prior to accepting them for the program. Such screening, in addition to 
the requirements of Sec. 514.10(a), shall include:
    (1) Evaluating the qualifications of the foreign applicants to 
determine whether the criteria set forth in Sec. 514.24(c) are 
satisfied; and
    (2) Securing references from colleagues and current or former 
employers, attesting to the teachers' good reputation, character and 
teaching skills.
    (e) Teaching position. Prior to the issuance of the Form IAP-66, the 
exchange visitor shall receive a written offer and accept in writing of 
a teaching position from the primary or secondary accredited educational 
institution in which he or she is to teach. Such position shall be in 
compliance with any applicable collective bargaining agreement, where 
one exists. The exchange visitor's appointment to a position at a 
primary or secondary accredited educational institution shall

[[Page 197]]

be temporary, even if the teaching position is permanent.
    (f) Program disclosure. Before the program begins, the sponsor shall 
provide the teacher, in addition to what is required in Sec. 514.10(b), 
with:
    (1) Information on the length and location(s) of his or her exchange 
visitor program;
    (2) A summary of the significant components of the program, 
including a written statement of the teaching requirements and related 
professional obligations; and
    (3) A written statement which clearly states the compensation, if 
any, to be paid to the teacher and any other financial arrangements in 
regards to the exchange visitor program.
    (g) Location of the exchange. The teacher shall participate in an 
exchange visitor program at the primary or secondary accredited 
educational institution(s) listed on his or her Form IAP-66 and at 
locations where the institution(s) are involved in official school 
activities (e.g., school field trips and teacher training programs).
    (h) Duration of participation. The teacher shall be authorized to 
participate in the Exchange Visitor Program for the length of time 
necessary to complete the program, which shall not exceed three years.



Sec. 514.25  Secondary school students.

    (a) Introduction. These regulations govern Agency designated 
exchange visitor programs under which foreign national secondary 
students are afforded the opportunity for up to one year of study in a 
United States public or private secondary school, while living with an 
American host family or residing at an accredited U.S. boarding school.
    (b) Program sponsor eligibility. Eligibility for designation as a 
secondary school student exchange program sponsor shall be limited to;
    (1) Organizations with tax-exempt status as conferred by the 
Internal Revenue Service pursuant to section 501(c)(3); and
    (2) Organizations which are United States citizens as such terms is 
defined Sec. 514.2.
    (c) Program eligibility. Secondary school students exchange programs 
designated by the Agency shall:
    (1) Require all participants to pursue a full course of study at an 
accredited educational institution as such terms are defined in this 
Part of not less than one academic semester (or quarter equivalency) nor 
more than two academic semesters (or quarter equivalency) duration; and
    (2) Be conducted on an academic calendar year basis provided, 
however, participants may begin in the second semester of an academic 
year if specifically permitted to do so, in writing, by the school in 
which the exchange visitor is enrolled.
    (d) Program administration. Sponsors shall ensure that all officers, 
employees, agents, and volunteers acting on their behalf:
    (1) Are adequately trained and supervised;
    (2) Make no student placement outside a 150 mile radius of the home 
of an organizational representative authorized to act on the sponsor's 
behalf in both routine and emergency matters arising from a student's 
participation in their exchange program;
    (3) Ensure that no organizational representative act as both host 
family and area supervisor for any student participant whom that 
organizational representative may host;
    (4) Maintain a regular schedule of personal contact with the student 
and host family, and ensure that the school has contact information for 
the local organizational representative and U.S. offices of the sponsor; 
and
    (5) Adhere to all regulatory provisions set forth in this Part and 
all additional terms and conditions governing program administration 
that the Agency may from time to time impose.
    (e) Student selection. In addition to satisfying the requirements of 
Sec. 514.10(a), sponsors shall ensure that all participants in a 
designated secondary school student exchange program:
    (1) Are bona fide students who:
    (i) Are secondary school students in their home country who have not 
completed more than eleven years of primary and secondary study, 
exclusive of kindergarten; or

[[Page 198]]

    (ii) Are at least 15 years of age but not more than 18 and six 
months years of age at the time of initial school enrollment;
    (2) Demonstrate maturity, good character, and scholastic aptitude; 
and
    (3) Have not previously participated in an academic year or semester 
secondary school student exchange program in the United States.
    (f) Student enrollment. (1) Sponsors shall secure prior written 
acceptance for the enrollment of any student participant in a United 
States public or private secondary school. Such prior acceptance shall:
    (i) Be secured from the school principal or other authorized school 
administrator of the school or school system that the student 
participant will attend; and
    (ii) Include written arrangements concerning the payment of tuition 
or waiver thereof if applicable.
    (2) Sponsors shall maintain copies of all written acceptances and 
make such documents available for Agency inspection upon request.
    (3) Sponsors shall submit to the school a written English language 
summary of the student's complete academic course work prior to 
commencement of school.
    (4) Under no circumstance shall a sponsor facilitate the entry into 
the United States of a student for whom a school placement has not been 
secured.
    (5) Sponsors shall not facilitate the enrollment of more than five 
students in one school unless the school itself has requested, in 
writing, the placement of more than five students.
    (g) Student orientation. In addition to the orientation requirements 
set forth herein at Sec. 514.10, all sponsors shall provide students, 
prior to their departure from the home country, with the following 
information:
    (1) A summary of all operating procedures, rules, and regulations 
governing student participation in the exchange program;
    (2) A detailed profile of the school, family, and community in which 
the student is placed;
    (3) A detailed summary of travel arrangements;
    (4) An identification card which lists the student's name, United 
States home placement address and telephone number, and a telephone 
number which affords immediate contact with both the Agency and sponsor 
in case of emergency. Such cards may be provided in advance of home 
country departure or immediately upon entry into the United States.
    (h) Student extra-curricular activities. Students may participate in 
school sanctioned and sponsored extra-curricular activities, including 
athletics, if such participation is:
    (1) Authorized by the local school district in which the student is 
enrolled; and
    (2) Authorized by the state authority responsible for determination 
of athletic eligibility, if applicable.
    (i) Student employment. Students may not be employed on either a 
full or part-time basis but may accept sporadic or intermittent 
employment such as babysitting or yard work.
    (j) Host family selection. Sponsors shall adequately screen all 
potential host families and at a minimum shall:
    (1) Provide potential host families with a detailed summary of the 
exchange program and the parameters of their participation, duties, and 
obligations;
    (2) Utilize a standard application form for all host family 
applicants which provides a detailed summary and profile of the host 
family, the physical home environment, family composition, and community 
environment;
    (3) Conduct an in-person interview with all family members residing 
in the home;
    (4) Ensure that the host family is capable of providing a 
comfortable and nurturing home environment;
    (5) Ensure that the host family is a good reputation and character 
by securing two personal references for each host family from the school 
or community, attesting to the host family's good reputation and 
character;
    (6) Ensure that the host family has adequate financial resources to 
undertake hosting obligations; and
    (7) Maintain a record of application forms, evaluations, and 
interviews for all selected host families for a period of three years.

[[Page 199]]

    (k) Host family orientation. In addition to the orientation 
requirements set forth in Sec. 514.10, sponsors shall:
    (1) Inform all host families of the philosophy, rules, and 
regulations governing the sponsor's exchange program;
    (2) Provide all selected host families with a copy of Agency-
promulgated Exchange Visitor Program regulations; and
    (3) Advise all selected host families of strategies governing cross-
cultural interaction and conduct workshops which will familiarize the 
host family with cultural differences and practices.
    (l) Host family placement. (1) Sponsors shall secure, prior to the 
student's departure from the home country, a host family placement for 
each student participant. Sponsors shall not:
    (i) Facilitate the entry into the United States for a student for 
whom a host family placement has not been secured; and
    (ii) Place more than one student with a host family without the 
express prior written consent of the Agency.
    (2) Sponsors shall advise both the student and host family, in 
writing, of the respective family compositions and backgrounds of each 
and shall facilitate and encourage the exchange of correspondence 
between the two prior to the student's departure from the home country.
    (3) In the event of unforeseen circumstances which necessitate a 
change of host family placement, the sponsor shall document the reasons 
necessitating such change and provide the Agency with an annual 
statistical summary reflecting the number and the reason for such change 
in host family placement.
    (m) Placement report. In lieu of listing the name and address of the 
host family and school placement on a participant's Form IAP-66, 
sponsors must, no later than August 31st of each academic year, submit 
to the Agency a report of all academic year program participants. Such 
report shall set forth the participant's name, school, and host family 
placements. A report of semester participants entering United States 
schools during the January to June term shall be submitted to the Agency 
by January 15th.



Sec. 514.26  Specialists.

    (a) Introduction. These regulations govern experts in a field of 
specialized knowledge or skill coming to the United States for 
observing, consulting, or demonstrating special skills, except:
    (1) Research scholars and professors, who are governed by 
regulations set forth at Sec. 514.20;
    (2) Short-term scholars, who are governed by regulations set forth 
at Sec. 514.21; and
    (3) Alien physicians in graduate medical education or training, who 
are governed by regulations set forth in Sec. 514.27.
    (b) Purpose. The Exchange Visitor Program promotes the interchange 
of knowledge and skills among foreign and American specialists, who are 
defined as experts in a field of specialized knowledge or skills, and 
who visit the United States for the purpose of observing, consulting, or 
demonstrating their special skills. It does so by providing foreign 
specialists the opportunity to observe American institutions and methods 
of practice in their professional fields, and to share their specialized 
knowledge with their American colleagues. The exchange of specialists 
promotes mutual enrichment, and furthers linkages among scientific 
institutions, government agencies, museums, corporations, libraries, and 
similar types of institutions. Such exchanges also enable visitors to 
better understand American culture and society and enhance American 
knowledge of foreign cultures and skills. This category is intended for 
exchanges with experts in such areas, for example, as mass media 
communication, environmental science, youth leadership, international 
educational exchange, museum exhibitions, labor law, public 
administration, and library science. This category is not intended for 
experts covered by the exchange visitor categories listed in 
Sec. 514.26(a) (1) through (3) of this section.
    (c) Designation. The Agency may, in its discretion, designate bona 
fide programs satisfying the objectives in section (b) above as an 
exchange visitor program in the specialist category.
    (d) Visitor eligibility. A foreign national shall be eligible to 
participate in

[[Page 200]]

an exchange visitor program as a specialist if the individual:
    (1) Is an expert in a field of specialized knowledge or skill;
    (2) Seeks to travel to the United States for the purpose of 
observing, consulting, or demonstrating his or her special knowledge or 
skills; and
    (3) Does not fill a permanent or long-term position of employment 
while in the United States.
    (e) Visitor selection. Sponsors shall adequately screen and select 
specialists prior to accepting them for the program, providing a formal 
selection process, including at a minimum:
    (1) Evaluation of the qualifications of foreign nationals to 
determine whether they meet the definition of specialist as set forth in 
Sec. 514.4(g); and
    (2) Screening foreign nationals to ensure that the requirements of 
Sec. 514.10(a) are satisfied.
    (f) Program disclosure. Before the program begins, the sponsor shall 
provide the specialist, in addition to what is required in 
Sec. 514.10(b), with:
    (1) Information on the length and location(s) of his or her exchange 
visitor program;
    (2) A summary of the significant components of the program; and
    (3) A written statement which clearly states the stipend, if any, to 
be paid to the specialist.
    (g) Issuance of Form IAP-66. The Form IAP-66 shall be issued only 
after the specialist has been accepted by the organization(s) with which 
he or she will participate in an exchange visitor program.
    (h) Location of the exchange. The specialist shall participate in an 
exchange visitor program at the location(s) listed on his or her Form 
IAP-66.
    (i) Duration of participation. The specialist shall be authorized to 
participate in the Exchange Visitor Program for the length of time 
necessary to complete the program, which shall not exceed one year.



Sec. 514.27  Alien physicians.

    (a) Purpose. Pursuant to the Mutual Educational and Cultural 
Exchange Act, as amended by the Health Care Professions Act, Public Law 
94-484, the Agency facilitates exchanges for foreign medical graduates 
seeking to pursue graduate medical education or training at accredited 
schools of medicine or scientific institutions. The Agency also 
facilitates exchanges of foreign medical graduates seeking to pursue 
programs involving observation, consultation, teaching, or research 
activities.
    (b) Clinical exchange programs. The Educational Commission for 
Foreign Medical Graduates must sponsor alien physicians who wish to 
pursue programs of graduate medical education or training conducted by 
accredited U.S. schools of medicine or scientific institutions. Such 
Foreign Medical Graduates shall:
    (1) Have adequate prior education and training to participate 
satisfactorily in the program for which they are coming to the United 
States;
    (2) Be able to adapt to the educational and cultural environment in 
which they will be receiving their education or training;
    (3) Have the background, needs, and experiences suitable to the 
program as required in Sec. 514.10(a)(1);
    (4) Have competency in oral and written English;
    (5) Have passed either Parts I and II of the National Board of 
Medical Examiners Examination, the Foreign Medical Graduate Examination 
in the Medical Sciences, the United States Medical Licensing 
Examination, Step I and Step II, or the Visa Qualifying Examination 
(VQE) prepared by the National Board of Medical Examiners, administered 
by the Educational Commission for Foreign Medical Graduates. [NB--
Graduates of a school of medicine accredited by the Liaison Committee on 
Medical Education are exempted by law from the requirement of passing 
either Parts I and II of the National Board of Medical Examiners 
Examination or the Visa Qualifying Examination (VQE)]; and
    (6) Provide a statement of need from the government of the country 
of their nationality or last legal permanent residence. Such statement 
must provide written assurance, satisfactory to the Secretary of Health 
and Human Services, that there is a need in that country for persons 
with the skills the alien physician seeks to acquire and shall be 
submitted to the Educational

[[Page 201]]

Commission for Foreign Medical Graduates by the participant's 
government. The statement of need must bear the seal of the concerned 
government and be signed by a duly designated official of the 
government. The text of such statement of need shall read as follows:


    Name of applicant for Visa: ______. There currently exists in 
(Country) a need for qualified medical practitioners in the speciality 
of ______. (Name of applicant for Visa) has filed a written assurance 
with the government of this country that he/she will return to this 
country upon completion of training in the United States and intends to 
enter the practice of medicine in the specialty for which training is 
being sought. Stamp (or Seal and signature) of issuing official of named 
country.
Dated:__________________________________________________________________
_______________________________________________________________________
Official of Named Country.


    (7) Submit an agreement or contract from a U.S. accredited medical 
school, an affiliated hospital, or a scientific institution to provide 
the accredited graduate medical education. The agreement or contract 
must be signed by both the alien physician and the official responsible 
for the training.
    (c) Non-clinical exchange programs. (1) A United States university 
or academic medical center which has been designated an exchange visitor 
program by the Director of the United States Information Agency is 
authorized to issue From IAP-66 to alien physicians to enable them to 
come to the United States for the purposes of observation, consultation, 
teaching, or research if:
    (i) The responsible officer or duly designated alternate of the 
exchange visitor program involved signs and appends to the Form IAP-66 a 
certification which states ``this certifies that the program in which 
(name of physician) is to be engaged is solely for the purpose of 
observation, consultation, teaching, or research and that no element of 
patient care is involved'' or
    (ii) The dean of the involved accredited United States medical 
school or his or her designee certifies to the following five points and 
such certification is appended to the Form IAP-66 issued to the 
perspective exchange visitor alien physician:
    (A) The program in which (name of physician) will participate is 
predominantly involved with observation, consultation, teaching, or 
research.
    (B) Any incidental patient contact involving the alien physician 
will be under the direct supervision of a physician who is a U.S. 
citizen or resident alien and who is licensed to practice medicine in 
the State of ______.
    (C) The alien physician will not be given final responsibility for 
the diagnosis and treatment of patients.
    (D) Any activities of the alien physician will conform fully with 
the State licensing requirements and regulations for medical and health 
care professionals in the State in which the alien physician is pursuing 
the program.
    (E) Any experience gained in this program will not be creditable 
towards any clinical requirements for medical specialty board 
certification.
    (2) The Educational Commission for Foreign Medical Graduates may 
also issue Form IAP-66 to alien physicians who are coming to the United 
States to participate in a program of observation, consultation, 
teaching, or research provided the required letter of certification as 
outlined in this paragraph is appended to the Form IAP-66.
    (d) Public health and preventive medicine programs. A United States 
university, academic medical center, school of public health, or other 
public health institution which has been designated as an exchange 
visitor program sponsor by the Director of the United States Information 
Agency is authorized to issue Forms IAP-66 to alien physicians to enable 
them to come to the United States for the purpose of entering into those 
programs which do not include any clinical activities involving direct 
patient care. Under these circumstances, the special eligibility 
requirements listed in paragraphs (b) and (c) of this section need not 
be met. The responsible officer or alternate responsible officer of the 
exchange visitor program involved shall append a certification to the 
Form IAP-66 which states.


    This certifies that the program in which (name of physician) is to 
be engaged does not include any clinical activities involving direct 
patient care.


    (e) Duration of participation. (1) The duration of an alien 
physician's participation in a program of graduate

[[Page 202]]

medical education or training as described in paragraph (b) of this 
section is limited to the time typically required to complete such 
program. Duration shall be determined by the Director of the United 
States Information Agency at the time of the alien physician's entry 
into the United States. Such determination shall be based on criteria 
established in coordination with the Secretary of Health and Human 
Services and which take into consideration the requirements of the 
various medical specialty boards as evidenced in the Director of Medical 
Specialties published by Marquis Who's Who for the American Board of 
Medical Specialties.
    (2) Duration of participation is limited to seven years unless the 
alien physician has demonstrated to the satisfaction of the Director 
that the country to which the alien physician will return at the end of 
additional specialty education or training has an exceptional need for 
an individual with such additional qualification.
    (3) Subject to the limitations set forth above, duration of 
participation may, for good cause shown, be extended beyond the period 
of actual training or education to include the time necessary to take an 
examination required for certification by a specialty board.
    (4) The Director may include within the duration of participation a 
period of supervised medical practice in the United States if such 
practice is an eligibility requirement for certification by a specialty 
board.
    (i) Alien physicians shall be permitted to undertake graduate 
medical education or training in a specialty or subspecialty program 
whose board requirements are not published in the Director of Medical 
Specialists if the Board requirements are certified to the Director and 
to the Educational Commission for Foreign Medical Graduates by the 
Executive Secretary of the cognizant component board of the American 
Board of Medical Specialties.
    (ii) The Director may, for good cause shown, grant an extension of 
the program to permit an alien physician to repeat one year of clinical 
medical training.
    (5) The alien physician must furnish the Attorney General each year 
with an affidavit (Form I-644) that attests the alien physician:
    (i) Is in good standing in the program of graduate medical education 
or training in which the alien physician is participating; and
    (ii) Will return to the country of his nationality or last legal 
permanent resident upon completion of the education or training for 
which he came to the United States.
    (f) Change of program. The alien physician may, once and not later 
than two years after the date the alien physician enters the United 
States as an exchange visitor or acquires exchange visitor status, 
change his designated program of graduate medical education or training 
if the Director approves the change and if the requirements of 
paragraphs Sec. 514.27(b) and Sec. 514.27(e) of this section are met for 
the newly designated specialty.
    (g) Applicability of section 212(e) of the Immigration and 
Nationality Act. (1) Any exchange visitor physician coming to the United 
States on or after January 10, 1977 for the purpose of receiving 
graduate medical education or training is automatically subject to the 
two-year home-country physical presence requirement of section 212(e) of 
the Immigration and Nationality Act, as amended. Such physicians are not 
eligible to be considered for section 212(e) waivers on the basis of 
``No Objection'' statements issued by their governments.
    (2) Alien physicians coming to the United States for the purpose of 
observation, consultation, teaching, or research are not automatically 
subject to the two-year home-country physical presence requirement of 
section 212(e) of the Immigration and Nationality Act, as amended, but 
may be subject to this requirement if they are governmentally financed 
or pursuing a field of study set forth on their countries' Exchange 
Visitor Skills List. Such alien physicians are eligible for 
consideration of waivers under section 212(e) of the Immigration and 
Nationality Act, as amended, on the basis of ``No Objection'' statements 
submitted by their governments in their behalf

[[Page 203]]

through diplomatic channels to the Director of the United States 
Information Agency.

[58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993]



Sec. 514.28  International visitors.

    (a) Purpose. The international visitor category is for the exclusive 
use of the Agency. Programs under Sec. 514.28 are for foreign nationals 
who are recognized or potential leaders and are selected by the Agency 
to participate in observation tours, discussions, consultation, 
professional meetings, conferences, workshops, and travel. These 
programs are designed to enable the international visitors to better 
understand American culture and society and contribute to enhanced 
American knowledge of foreign cultures. The category is for people-to-
people programs which seek to develop and strengthen professional and 
personal ties between key foreign nationals and Americans and American 
institutions.
    (b) Selection. The Agency and third parties assisting the Agency 
shall adequately screen and select prospective international visitors to 
determine compliance with Sec. 514.10(a) and the visitor eligibility 
requirements set forth below.
    (c) Visitor eligibility. An individual participating in an exchange 
visitor program as an international visitor shall be:
    (1) Selected by the Agency;
    (2) Engaged in consultation, observation, research, training, or 
demonstration of special skills; and
    (3) A recognized or potential leader in a field of specialized 
knowledge or skill.
    (d) Program disclosure. At the beginning of the program, the sponsor 
shall provide the international visitor with:
    (1) Information on the length and location(s) of his or her exchange 
visitor program; and
    (2) A summary of the significant components of the program.
    (e) Issuance of Form IAP-66. The Form IAP-66 shall be issued only 
after the international visitor has been selected by the Agency.
    (f) Location of the exchange. The international visitor shall 
participate in an exchange visitor program at locations approved by the 
Agency.
    (g) Duration of participation. The international visitor shall be 
authorized to participate in the Exchange Visitor Program for the length 
of time necessary to complete the program, which shall not exceed one 
year.



Sec. 514.29  Government visitors.

    (a) Purpose. The government visitor category is for the exclusive 
use of the U.S. federal, state, or local government agencies. Programs 
under Sec. 514.29 are for foreign nationals who are recognized as 
influential or distinguished persons, and are selected by U.S. federal, 
state, or local government agencies to participate in observation tours, 
discussions, consultation, professional meetings, conferences, 
workshops, and travel. These are people-to-people programs designed to 
enable government visitors to better understand American culture and 
society, and to contribute to enhanced American knowledge of foreign 
cultures. The objective is to develop and strengthen professional and 
personal ties between key foreign nationals and Americans and American 
institutions. The government visitor programs are for such persons as 
editors, business and professional persons, government officials, and 
labor leaders.
    (b) Designation. The Agency may, in its sole discretion, designate 
as sponsors U.S. federal, state, and local government agencies which 
offer foreign nationals the opportunity to participate in people-to-
people programs which promote the purpose as set forth in (a) above.
    (c) Selection. Sponsors shall adequately screen and select 
prospective government visitors to determine compliance with 
Sec. 514.10(a) and the visitor eligibility requirements set forth below.
    (d) Visitor eligibility. An individual participating in an exchange 
visitor program as a government visitor shall be:
    (1) Selected by a U.S. federal, state, and local government agency;
    (2) Engaged in consultation, observation, training, or demonstration 
of special skills; and

[[Page 204]]

    (3) An influential or distinguished person.
    (e) Program disclosure. Before the beginning of the program, the 
sponsor shall provide the government visitor with:
    (1) Information on the length and location(s) of his or her exchange 
visitor program;
    (2) A summary of the significant components of the program; and
    (3) A written statement which clearly states the stipend, if any, to 
be paid to the government visitor.
    (f) Issuance of Form IAP-66. The Form IAP-66 shall be issued only 
after the government visitor has been selected by a U.S. federal, state, 
or local government agency and accepted by the private and/or public 
organization(s) with whom he or she will participate in the exchange 
visitor program.
    (g) Location of the exchange. The government visitor shall 
participate in an exchange visitor program at the locations listed on 
his or her Form IAP-66.
    (h) Duration of participation. The government visitor shall be 
authorized to participate in the Exchange Visitor Program for the length 
of time necessary to complete the program, which shall not exceed 
eighteen months.



Sec. 514.30  Camp counselors.

    (a) Introduction. In order to promote diverse opportunities for 
participation in educational and cultural exchange programs, the Agency 
designates exchange sponsors to facilitate the entry of foreign 
nationals to serve as counselors in U.S. summer camps. These programs 
promote international understanding by improving American knowledge of 
foreign cultures while enabling foreign participants to increase their 
knowledge of American culture. The foreign participants are best able to 
carry out this objective by serving as counselors per se, that is, 
having direct responsibility for supervision of groups of American youth 
and of activities that bring them into interaction with their charges. 
While it is recognized that some non-counseling chores are an essential 
part of camp life for all counselors, this program is not intended to 
assist American camps in bringing in foreign nationals to serve as 
administrative personnel, cooks, or menial laborers, such as dishwashers 
or janitors.
    (b) Participant eligibility. Participation in camp counselor 
exchange programs is limited to foreign nationals who:
    (1) Are at least 18 years of age;
    (2) Are bona fide youth workers, students, teachers, or individuals 
with specialized skills; and
    (c) Participant selection. In addition to satisfying the 
requirements in Sec. 514.10(a), sponsors shall adequately screen all 
international candidates for camp counselor programs and at a minimum:
    (1) Conduct an in-person interview; and
    (2) Secure references from a participant's employer or teacher 
regarding his or her suitability for participation in a camp counselor 
exchange.
    (d) Participant orientation. Sponsors shall provide participants, 
prior to their departure from the home country, detailed information 
regarding:
    (1) Duties and responsibilities relating to their service as a camp 
counselor;
    (2) Contractual obligations relating to their acceptance of a camp 
counselor position; and
    (3) Financial compensation for their service as a camp counselor.
    (e) Participant placements. Sponsors shall place eligible 
participants at camping facilities which are:
    (1) Accredited;
    (2) A member in good standing of the American Camping Association;
    (3) Officially affiliated with a nationally recognized non-profit 
organization; or
    (4) Have been inspected, evaluated, and approved by the sponsor.
    (f) Participant compensation. Sponsors shall ensure that 
international participants receive pay and benefits commensurate with 
those offered to their American counterparts.
    (g) Participant supervision. Sponsors shall provide all participants 
with a phone number which allows 24 hour immediate contact with the 
sponsor.
    (h) Program administration. Sponsors shall:
    (1) Comply with all provisions set forth in subpart A of this part;

[[Page 205]]

    (2) Not facilitate the entry of any participant for a program of 
more than four months duration; and
    (3) Under no circumstance facilitate the entry into the United 
States of a participant for whom a camp placement has not been pre-
arranged.
    (i) Placement report. In lieu of listing the name and address of the 
camp facility at which the participant is placed on Form IAP-66, 
sponsors shall submit to the Agency, no later than July 1st of each 
year, a report of all participant placements. Such report shall reflect 
the participant's name, camp placement, and the number of times the 
participant has previously participated in a camp counselor exchange.
    (j) In order to ensure that as many different individuals as 
possible are recruited for participation in camp counselor programs, 
sponsors shall limit the number of participants who have previously 
participated more than once in any camp counselor exchange to not more 
than ten percent of the total number of participants that the sponsor 
placed in the immediately preceding year.

[58 FR 15196, Mar. 19, 1993, as amended at 59 FR 16984, Apr. 11, 1994]



Sec. 514.31  Au pairs.

    (a) Introduction. These regulations govern Agency-designated 
exchange visitor programs under which foreign nationals are afforded the 
opportunity to live with an American host family and participate 
directly in the home life of the host family while providing limited 
child care services and attending a U.S. post-secondary educational 
institution.
    (b) Program designation. The Agency may, in its sole discretion, 
designate bona fide programs satisfying the objectives set forth in 
paragraph (a) of this section. Such designation shall be for a period of 
two years and may be revoked by the Agency for good cause.
    (c) Program eligibility. Sponsors designated by the Agency to 
conduct au pair exchange program shall:
    (1) Limit the participation of foreign nationals in such programs to 
not more than one year;
    (2) Limit the number of hours an au pair participant is obligated to 
provide child care services to not more than 45 hours per week;
    (3) Require that the au pair participant enrolls in a U.S. 
institution of higher education for not less than six semester hours of 
academic credit or its equivalent;
    (4) Require that all officers, employees, agents, and volunteers 
acting on their behalf are adequately trained and supervised;
    (5) Require that the au pair participant is placed with a host 
family within one hour's driving time of the home of the local 
organizational representative authorized to act on the sponsor's behalf 
in both routine and emergency matters arising from the au pair's 
participation in their exchange program;
    (6) Require that each local organizational representative maintain a 
schedule of personal monthly contact (or more frequently as required) 
with each au pair and host family for which he or she is responsible;
    (7) Require that local organizational representatives not devoting 
their full time and attention to their program obligations are 
responsible for no more than fifteen au pairs and host families; and
    (8) Require that each local organizational representative is 
provided adequate support services by a regional organizational 
representative.
    (d) Au pair selection. In addition to satisfying the requirements of 
Sec. 514.10(a), sponsors shall ensure that all participants in a 
designated au pair exchange program:
    (1) Are between the ages of 18 and 26;
    (2) Are a secondary school graduate, or equivalent;
    (3) Are proficient in spoken English;
    (4) Are capable of fully participating in the program as evidenced 
by the satisfactory completion of a physical;
    (5) Have been personally interviewed, in English, by an 
organizational representative; and
    (6) Have successfully passed a background investigation that 
includes verification of school, three, non-family related personal and 
employment references, a personality profile and a criminal record check 
or its recognized equivalent.
    (e) Au pair placement. Sponsors shall secure, prior to the au pair's 
departure

[[Page 206]]

from the home country, a host family placement for each participant. 
Sponsors shall not:
    (1) Place an au pair with a family unless the family has 
specifically agreed that a parent or other responsible adult will remain 
in the home for the first three days following the au pair's arrival;
    (2) Place an au pair with a family having a child aged less than 
three months unless a parent or other responsible adult is present in 
the home;
    (3) Place an au pair with a host family having children under the 
age of two, unless the au pair has at least six months of prior infant 
child care experience;
    (4) Place the au pair with a family unless a written agreement 
between the au pair and host family outlining the au pair's obligation 
to provide not more than 45 hours of child care services per week has 
been signed by both; and
    (5) Place the au pair with a family who cannot provide the au pair 
with a suitable private bedroom.
    (f) Au pair orientation. In addition to the orientation requirements 
set forth herein at Sec. 514.10, all sponsors shall provide au pairs, 
prior to their departure from the home country, with the following 
information:
    (1) A copy of all operating procedures, rules, and regulations, 
including a grievance process, which govern the au pair's participation 
in the exchange program;
    (2) A detailed profile of the family and community in which the au 
pair will be placed;
    (3) A detailed profile of the educational institutions in the 
community where the au pair will be placed, including the financial cost 
of attendance at these institutions; and
    (4) A detailed summary of travel arrangements.
    (g) Au pair training. Sponsors shall provide the au pair participant 
with child development and child safety instruction, as follows:
    (1) Prior to placement with the host family, the au pair participant 
shall receive not less than eight hours of child safety instruction; and
    (2) Prior to placement with the American host family, the au pair 
participant shall receive not less than twenty-four hours of child 
development instruction.
    (h) Host family selection. Sponsors shall adequately screen all 
potential host families and at a minimum shall:
    (1) Require that the host parents are U.S. citizens or legal 
permanent residents;
    (2) Require that host parents are fluent in spoken English;
    (3) Require that all adult family members resident in the home have 
been personally interviewed by an organizational representative;
    (4) Require that host parents have successfully passed a background 
investigation including employment and personal references;
    (5) Require that the host family has adequate financial resources to 
undertake hosting obligations; and
    (6) Provide a written detailed summary of the exchange program and 
the parameters of their and the au pair's duties, participation, and 
obligations.
    (i) Host family orientation. In addition to the requirements set 
forth at Sec. 514.10, sponsors shall:
    (1) Inform all host families of the philosophy, rules, and 
regulations governing the sponsor's exchange program;
    (2) Provide all selected host families with a copy of Agency-
promulgated Exchange Visitor Program regulations;
    (3) Advise all selected host families of their obligation to attend 
at least one family day conference to be sponsored by their au pair 
organization during the course of the placement year. Host family 
attendance at such gathering is a condition of program participation and 
failure to attend will be grounds for possible termination of their 
continued or future program participation; and
    (4) Require that the organization's local counselor responsible for 
the au pair placement contacts the host family and au pair within forty-
eight hours of the au pair's arrival and meets, in person, with the host 
family and au pair within two weeks of the au pair's arrival at the host 
family' home.
    (j) Stipend and hours. Sponsors shall require that au pair 
participants:
    (1) Are compensated at a rate of not less than $115.00 per week;

[[Page 207]]

    (2) Do not provide more than a reasonable number of hours of child 
care on any given day;
    (3) Receive a minimum of one and a half days off per week in 
addition to one complete weekend off each month; and
    (4) Receive two weeks of paid vacation.
    (k) Educational component. Sponsors shall require that during the 
period of program participation, all au pair participants are enrolled 
in an accredited post-secondary institution for not less than six hours 
of academic credit or its equivalent. As a condition of program 
participation, host family participants must agree to facilitate the 
enrollment and attendance of the au pair and to pay the cost of such 
academic course work in an amount not to exceed $500.
    (l) Monitoring. Sponsors shall fully monitor all au pair exchanges, 
and at a minimum shall:
    (1) Require monthly personal contact by the local counselor with 
each au pair and host family for which the counselor is responsible. 
Counselors shall maintain a record of this contact;
    (2) Require quarterly contact by the regional counselor with each au 
pair and host family for which the counselor is responsible. Counselors 
shall maintain a record of this contact;
    (3) Require that all local and regional counselors are appraised of 
their obligation to report unusual or serious situations or incidents 
involving either the au pair or host family; and
    (4) Promptly report to the Agency any incidents involving or 
alleging a crime of moral turpitude or violence.
    (m) Reporting requirements. Along with the annual report required by 
regulations set forth at Sec. 514.17, sponsors shall file with the 
Agency the following information:
    (1) A summation of the results of an annual survey of all host 
family and au pair participants regarding satisfaction with the program, 
its strengths and weaknesses;
    (2) A summation of all complaints regarding host family or au pair 
participation in the program, specifying the nature of the complaint, 
its resolution, and whether any unresolved complaints are outstanding;
    (3) A summation of all situations which resulted in the placement of 
an au pair participant with more than one host family;
    (4) A report by a certified public accountant attesting to the 
sponsor's compliance with the procedures and reporting requirements set 
forth in this subpart;
    (5) A report detailing the name of the au pair, his or her host 
family placement, location, and the names of the local and regional 
organizational representatives; and
    (6) A complete set of all promotional materials, brochures, or 
pamphlets distributed to either host family or au pair participants.
    (n) Sanctions. In addition to the sanctions provisions set forth at 
Sec. 514.50, the Agency may undertake immediate program revocation 
procedures upon documented evidence that a sponsor has failed to:
    (1) Comply with the au pair placement requirements set forth in 
paragraph (e) of this section;
    (2) Satisfy the selection requirements for each individual au pair 
as set forth in paragraph (d) of this section; and
    (3) Enforce and monitor host family's compliance with the stipend 
and hours requirements set forth in paragraph (j) of this section.

[60 FR 8552, Feb. 15, 1995]



                 Subpart C--Status of Exchange Visitors



Sec. 514.40  Termination of program participation.

    (a) A sponsor shall terminate an exchange visitor's participation in 
its program when the exchange visitor:
    (1) Fails to pursue the activities for which he or she was admitted 
to the United States;
    (2) Is unable to continue, unless otherwise exempted pursuant to 
these regulations;
    (3) Violates the Exchange Visitor Program regulations and/or the 
sponsor's rules governing the program, if, in the sponsor's opinion, 
termination is warranted;
    (4) Willfully fails to maintain the insurance coverage required 
under Sec. 514.14 of these regulations; or

[[Page 208]]

    (b) An exchange visitor's participation in the Exchange Visitor 
Program is subject to termination when he or she engages in unauthorized 
employment. Upon establishing such violation, the Agency shall terminate 
the exchange visitor's participation in the Exchange Visitor Program.



Sec. 514.41  Change of category.

    (a) The Agency may, in its discretion, permit an exchange visitor to 
change his or her category of exchange participation. Any change in 
category must be clearly consistent with and closely related to the 
participant's original exchange objective and necessary due to unusual 
or exceptional circumstances.
    (b) A request for change of category along with supporting 
justification must be submitted to the Agency by the participant's 
sponsor. Upon Agency approval the sponsor shall issue to the exchange 
visitor a duly executed Form IAP-66 reflecting such change of category 
and provide a notification copy of such form to the Agency.
    (c) Requests for change of category from research scholar to student 
will be evaluated recognizing the fact that, in some cases, research 
skills can be substantially enhanced by doctoral study.
    (d) An exchange visitor who applies for a change of category 
pursuant to these regulations is considered to be maintaining lawful 
status during the pendency of the application.
    (e) An exchange visitor who applies for a change of category and who 
subsequently receives notice from the Agency that the request has been 
denied is considered to be maintaining lawful status for an additional 
period of thirty days from the day of such notice, during which time the 
exchange visitor is expected to depart the country, or for a period of 
thirty days from expiration of the exchange visitors' Form IAP-66, 
whichever is later.



Sec. 514.42  Transfer of program.

    (a) Program sponsors may, pursuant to the provisions set forth in 
this section, permit an exchange visitor to transfer from one designated 
program to another designated program.
    (b) The responsible officer of the program to which the exchange 
visitor is transferring:
    (1) Shall verify the exchange visitor's visa status and program 
eligibility;
    (2) Execute the Form IAP-66; and
    (3) Secure the written release of the current sponsor.
    (c) Upon return of the completed Form IAP-66, the responsible 
officer of the program to which the exchange visitor has transferred 
shall provide:
    (1) The exchange visitor his or her copy of the Form IAP-66; and
    (2) A notification copy of such form to the Agency.



Sec. 514.43  Extension of Program.

    (a) Responsible officers may extend an exchange visitor's 
participation in the Exchange Visitor Program up to the limit of the 
permissible period of participation authorized for his or her specific 
program category.
    (b) A responsible officer extending the program of an exchange 
visitor shall issue to the exchange visitor a duly executed Form IAP-66 
reflecting such extension and provide a notification copy of such form 
to the Agency.
    (c) The responsible officer seeking a program extension on behalf of 
an exchange visitor in excess of that authorized for his or her specific 
category of participation shall:
    (1) Adequately document the reasons which justify such extension; 
and
    (2) Secure the prior written approval of the Agency for such 
extension.
    (d) In addition to individual requests, the Agency shall entertain 
requests for groups of similarly situated exchange visitors.



Sec. 514.44  Two-year home-country physical presence requirement.

    (a) Statutory basis for rule. Section 212(e) of the Immigration and 
Nationality Act, as amended, provides in substance as follows:
    (1) No person admitted under Section 101(a) (15)(J) or acquiring 
such status after admission:
    (i) Whose participation in the program for which he came to the 
United States was financed in whole or in part, directly or indirectly, 
by an agency of the United States Government or by the government of the 
country of

[[Page 209]]

his nationality or of his last legal permanent residence;
    (ii) Who at the time of admission or acquisition of status under 
101(a)(15)(J) was a national or resident of a country which the Director 
of the United States Information Agency, pursuant to regulations 
prescribed by him, had designated as clearly requiring the services of 
persons engaged in the field of specialized knowledge or skill in which 
the alien was engaged [See ``Exchange Visitor Skills List'', 49 FR 
24194, et seq. (June 12, 1984) as amended]; or
    (iii) Who came to the United States or acquired such status in order 
to receive graduate medical education or training, shall be eligible to 
apply for an immigrant visa, or for permanent residence, or for a 
nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L) 
until is established that such person has resided and been physically 
present in the country of his nationality or his last legal permanent 
residence for an aggregate of at least two years following departure 
from the United States.
    (2) Upon the favorable recommendation of the Director of the United 
States Information Agency, pursuant to the request of an interested 
United States Government agency (or in the case of an alien who is a 
graduate of a medical school pursuing a program in graduate medical 
education or training, pursuant to the request of a State Department of 
Public Health, or its equivalent), or of the Commissioner of Immigration 
and Naturalization after the latter has determined that departure from 
the United States would impose exceptional hardship upon the alien's 
spouse or child (if such spouse or child is a citizen of the United 
States or a legal permanent alien), or that the alien cannot return to 
the country of his nationality or last legal permanent residence because 
he would be subject to persecution on account of race, religion, or 
political opinion, the Attorney General may waive the requirement of 
such two-year foreign residence abroad in the case of any alien whose 
admission to the United States is found by the Attorney General to be in 
the public interest except that in the case of a waiver requested by a 
State Department of Public Health, or its equivalent, the waiver shall 
be subject to the requirements of section 214(k) of the Immigration and 
Nationality Act (8 U.S.C. 1184).
    (3) Except in the case of an alien who is a graduate of a medical 
school pursuing a program in graduate medical education or training, the 
Attorney General, upon the favorable recommendation of the Director of 
the United States Information Agency, may also waive such two-year 
foreign residency requirement in any case in which the foreign country 
of the alien's nationality or last legal permanent residence has 
furnished the Director of the United States Information Agency a 
statement in writing that it has no objection to such waiver in the case 
of such alien. Notwithstanding the foregoing, an alien who is a graduate 
of a medical school pursuing a program in medical education or training 
may obtain a waiver of such two-year foreign residence requirements if 
said alien meets the requirements of section 214(k) of the Immigration 
and Nationality Act (8 U.S.C. 1184) and paragraphs (a) (2) and (e) of 
this section.
    (b) Request for waiver on the basis of exceptional hardship or 
probable persecution on account of race, religion, or political opinion. 
(1) An exchange visitor who seeks a waiver of the two-year home-country 
physical presence requirement on the grounds that such requirement would 
impose exceptional hardship upon the exchange visitor's spouse or child 
(if such spouse or child is a citizen of the United States or a legal 
permanent resident alien), or on the grounds that such requirement would 
subject the exchange visitor to persecution on account of race, 
religion, or political opinion, shall submit the application for waiver 
(INS Form I-612) to the District Office of the Immigration and 
Naturalization Service having administrative jurisdiction over the 
exchange visitor's place of temporary residence in the United States, 
or, if the exchange visitor has already departed the United States, to 
the district Office having administrative jurisdiction over the exchange 
visitor's last legal place of residence in the United States.

[[Page 210]]

    (2)(i) If the Commissioner of the Immigration and Naturalization 
Service (``Commissioner'') determines that compliance with the two-year 
home-country physical presence requirement would impose exceptional 
hardship upon the spouse or child of the exchange visitor, or would 
subject the exchange visitor to persecution on account of race, 
religion, or political opinion, the Commissioner shall transmit a copy 
of his determination together with a summary of the details of the 
expected hardship or persecution, to the Waiver Review Branch, office of 
Exchange Visitor Program Services, in the Agency's Office of General 
Counsel.
    (ii) With respect to those cases in which the Commissioner has 
determined that compliance with the two-year home-country physical 
presence requirement would impose exceptional hardship upon the spouse 
or child of the exchange visitor, the Waiver Review Branch shall review 
the program, policy, and foreign relations aspects of the case, make a 
recommendation, and forward it to the Commissioner. If it deems it 
appropriate, the Agency may request the views of each of the exchange 
visitors' sponsors concerning the waiver application. Except as set 
forth in Sec. 514.44(f)(4), infra, the recommendation of the Waiver 
Review Branch shall constitute the recommendation of the Agency.
    (iii) With respect to those cases in which the Commissioner has 
determined that compliance with the two-year home-country physical 
presence requirement would subject the exchange visitor to persecution 
on account of race, religion, or political opinion, the Waiver Review 
Branch shall review the program, policy, and foreign relations aspects 
of the case, and after consulting thereon with the Bureau of Human 
Rights and Humanitarian Affairs of the United States Department of 
State, make a recommendation, and forward such recommendation to the 
Commissioner. Except as set forth in Sec. 514.44(f)(4), infra, the 
recommendation of the Waiver Review Branch shall constitute the 
recommendation of the Agency and such recommendation shall be forwarded 
to the Commissioner.
    (c) Requests for waiver made by an interested United States 
Government agency. If an exchange visitor is a participant in an 
exchange visitor program or activity sponsored by or of interest to an 
agency of the United States Government, said agency may apply to the 
Waiver Review Branch for a waiver of the two-year home-country physical 
presence requirement on the ground that the granting of the waiver would 
be in the public interest and the exchange visitor's compliance with 
said requirement would be detrimental to a program or activity of 
interest to that agency. The application shall identify by name or 
location the organization which will utilize the exchange visitor's 
services and the name and address of the exchange visitor in the United 
States. The Waiver Review Branch shall review the program, policy, and 
foreign relations aspects of the case and forward its recommendation to 
the Commissioner. Except as set forth in Sec. 514.44(f)(4), infra, the 
recommendation of the Waiver Review Branch shall constitute the 
recommendation of the Agency.
    (d) Requests for waiver made on the basis of a statement from the 
exchange visitor's home-country that it has no objection to the waiver. 
(1) Applications for waiver of the two-year home-country physical 
presence requirement may be supported by a statement of no objection by 
the exchange visitor's country of nationality or last legal permanent 
residence. The statement of no objection shall be directed to the 
Director through diplomatic channels; i.e., from the country's Foreign 
Office to the Agency through the U.S. Mission in the foreign country 
concerned, or through the foreign country's head of mission or duly 
appointed designee in the United States to the Director in the form of a 
diplomatic note. This note shall include applicant's full name, date and 
place of birth, and present address. Upon receipt of the no objection 
statement, the Waiver Review Branch shall instruct the applicant to 
complete a data sheet and to provide all Forms IAP-66 and the data sheet 
to the Waiver Review Branch. If deemed appropriate, the Agency may 
request the views of each of the exchange visitor's

[[Page 211]]

sponsors concerning the waiver application.
    (2) The Waiver Review Branch shall review the program, policy, and 
foreign relations aspects of the case and forward its recommendation to 
the Commissioner. Except as set forth in Sec. 514.44(f)(4), infra, the 
recommendation of the Waiver Review Branch shall constitute the 
recommendation of the Agency.
    (3) An exchange visitor who is a graduate of a foreign medical 
school and who is pursuing a program in graduate medical education or 
training in the United States is prohibited under section 212(e) of the 
Immigration and Nationality Act from applying for a waiver solely on the 
basis of no objection from his or her country of nationality or last 
legal permanent residence. However, an alien who is a graduate of a 
medical school pursuing a program in medical education or training may 
obtain a waiver of such two-year foreign residence requirements if said 
alien meets the requirements of section 214(k) of the Immigration and 
Nationality Act (8 U.S.C. 1184) and paragraphs (a) (2) and (e) of this 
section.
    (e) Requests for waiver from a State Department of Public Health, or 
its equivalent, on the basis of Public Law 103-416. (1) Pursuant to 
Public Law 103-416, in the case of an alien who is a graduate of a 
medical school pursuing a program in graduate medical education or 
training, a request for a waiver of the two-year home-country physical 
presence requirement may be made by a State Department of Public Health, 
or its equivalent. Such waiver shall be subject to the requirements of 
section 214(k) of the Immigration and Nationality Act (8 U.S.C. 1184(k)) 
and this Sec. 514.44.
    (2) With respect to such waiver under Public Law 103-416, if such 
alien is contractually obligated to return to his or her home country 
upon completion of the graduate medical education or training, the 
Director of the United States Information Agency is to be furnished with 
a statement in writing that the country to which such alien is required 
to return has no objection to such waiver. The no objection statement 
shall be furnished to the Director in the manner and form set forth in 
paragraph (d) of this section and, additionally, shall bear a notation 
that it is being furnished pursuant to Public Law 103-416.
    (3) The State Department of Public Health, or equivalent agency, 
shall include in the waiver application the following:
    (i) A completed ``Data Sheet.'' Copies of blank data sheets may be 
obtained from the Agency's Exchange Visitor Program office.
    (ii) A letter from the Director of the designated State Department 
of Public Health, or its equivalent, which identifies the foreign 
medical graduate by name, country of nationality or last residence, and 
date of birth, and states that it is in the public interest that a 
waiver of the two-year home residence requirement be granted;
    (iii) An employment contract between the foreign medical graduate 
and the health care facility named in the waiver application, to include 
the name and address of the health care facility, and the specific 
geographical area or areas in which the foreign medical graduate will 
practice medicine. The employment contract shall include a statement by 
the foreign medical graduate that he or she agrees to meet the 
requirements set forth in section 214(k) of the Immigration and 
Nationality Act. The term of the employment contract shall be at least 
three years and the geographical areas of employment shall only be in 
areas, within the respective state, designated by the Secretary of 
Health and Human Services as having a shortage of health care 
professionals;
    (iv) Evidence establishing that the geographic area or areas in the 
state in which the foreign medical graduate will practice medicine are 
areas which have been designated by the Secretary of Health and Human 
Services as having a shortage of health care professionals. For purposes 
of this paragraph, the geographic area or areas must be designated by 
the Department of Health and Human Services as a Health Professional 
Shortage Area (``HPSA'') or as a Medically Underserved Area/Medically 
Underserved Population (``MUA/MUP'').

[[Page 212]]

    (v) Copies of all forms IAP-66 issued to the foreign medical 
graduate seeking the waiver;
    (vi) A copy of the foreign medical graduate's curriculum vitae;
    (vii) If the foreign medical graduate is otherwise contractually 
required to return to his or her home country at the conclusion of the 
graduate medical education or training, a copy of the statement of no 
objection from the foreign medical graduate's country of nationality or 
last residence; and,
    (viii) Because of the numerical limitations on the approval of 
waivers under Public Law 103-416, i.e., no more than twenty waivers for 
each State each fiscal year, each application from a State Department of 
Public Health, or its equivalent, shall be numbered sequentially, 
beginning on October 1 of each year.
    (4) The Agency's Waiver Review Branch shall review the program, 
policy, and foreign relations aspects of the case and forward its 
recommendation to the Commissioner. Except as set forth in 
Sec. 514.44(g)(4)(i), the recommendation of the Waiver Review Branch 
shall constitute the recommendation of the Agency.
    (f) Changed circumstances. An applicant for a waiver on the grounds 
of extreme hardship or probable persecution on account of race, 
religion, or political opinion, has a continuing obligation to inform 
the Immigration and Naturalization Service of changed circumstances 
material to his or her pending application.
    (g) The Exchange Visitor Waiver Review Board. (1) The Exchange 
Visitor Waiver Review Board (``Board'') shall consist of the following 
Agency officers:
    (i) The Deputy Associate Director of the Bureau of Educational and 
Cultural Affairs, or his or her designee, who shall serve as presiding 
officer of the Board;
    (ii) An officer appointed by the Deputy Associate Director of the 
Bureau of Educational and Cultural Affairs from an appropriate office of 
the Bureau; and
    (iii) The Deputy Director of the geographic area office responsible 
for the geographical area of the waiver applicant, or his or her 
designee.
    (2) The Director of the office of Exchange Visitor Program Services 
or his or her designee shall serve as the Executive Secretary of the 
Board and shall present the facts of the waiver case to the Board, but 
shall not take part in the Board's deliberations.
    (3) A person who has had substantial prior involvement in the 
particular case pending before the Board shall not be appointed to serve 
on the Board.
    (4) The following waiver cases shall be referred to the Board for 
review:
    (i) Cases involving requests of interested United States Government 
agencies (or, in the case of an alien who is a graduate of a medical 
school pursuing a program in graduate medical education or training, 
pursuant to the request of a State Department of Public Health, or its 
equivalent), in which the recommendation of the Waiver Review Branch was 
unfavorable;
    (ii) Cases in which another federal agency has provided the Agency 
with a written opposition to a waiver in which the recommendation of the 
Waiver Review Branch was favorable;
    (iii) Cases in which a no objection letter has been submitted by the 
government of the exchange visitor's country of nationality or last 
legal residence, and in which the exchange visitor's participation in an 
exchange visitor program was financed by the United States Government in 
an amount not exceeding $2,000, and as to which the recommendation of 
the Waiver Review Branch was unfavorable;
    (iv) Cases involving claims of probable persecution on the grounds 
of race, religion, or political opinion, in which the Department of 
State has provided the Agency with a written opinion that there is no 
genuine basis for a claim of probable persecution on the ground alleged 
by the applicant, and as to which the recommendation of the Waiver 
Review Branch was favorable; and
    (v) Cases in which for any reason the Waiver Review Branch requests 
Board review of its decision.
    (h) Action on cases referred to the Board. (1) In each case to be 
referred to the Board pursuant to Sec. 514.44(f)(4), supra, the Waiver 
Review Branch shall transmit its complete file on the case, along with a 
request to convene the

[[Page 213]]

Board, to the Director of the office of Exchange Visitor Program 
Services.
    (2) The Director of the office of Exchange Visitor Program Services 
shall promptly convene the Board and notify the Agency's General Counsel 
of such convening of the Board.
    (3) The General Counsel shall appoint, on a case-by-case basis, from 
among the attorneys in the Office of the General Counsel, one attorney 
to serve as legal advisor to the Board.
    (4) Upon being convened, the Board shall review the case file and 
the program, policy, and foreign relations aspects of the case.
    (5) The Board may consult with the attorney in the Office of the 
General Counsel who has been designated to serve as legal advisor to the 
Board.
    (6) The Board may request that officers of the Waiver Review Branch 
appear before the Board and explain orally the basis for the 
recommendation of the Waiver Branch; however, no persons other than 
members of the Board and the Board's legal advisor may be present during 
the Board's deliberations.
    (7) At the conclusion of its review of the case, the Board shall 
make a written recommendation either granting or denying the waiver 
application. The recommendation of a majority of the Board shall 
constitute the recommendation of the Board.
    (8) Each member of the Board shall sign the recommendation and 
promptly transmit the recommendation to the Waiver Review Branch.
    (9) The recommendation of the Board in any case reviewed by it shall 
constitute the recommendation of the Agency and such recommendation 
shall be forwarded by the Director of EVPS to the Commissioner.

[58 FR 15196, Mar. 19, 1993; 58 FR 18305, Apr. 8, 1993; 58 FR 48448, 
Sept. 16, 1993; 60 FR 16787, 16788, April 3, 1995; 60 FR 53125, Oct. 12, 
1995]



                          Subpart D--Sanctions



Sec. 514.50  Sanctions.

    (a) Reason for sanctions. The Agency may, upon a determination by 
the office of Exchange Visitor Program Services (``EVPS''), impose 
sanctions against a sponsor which has:
    (1) Willfully or negligently violated one or more provisions of this 
part;
    (2) Evidenced a pattern of willful or negligent failure to comply 
with one or more provisions of this part;
    (3) Committed an act of omission or commission which has or could 
have the effect of endangering the health, safety, or welfare of an 
exchange visitor; or
    (4) Committed an act or acts which may have the effect of bringing 
the Agency or the Exchange Visitor Program into notoriety or disrepute.
    (b) Lesser sanctions. (1) In order to ensure full compliance with 
the regulations in this part, the Agency, in its discretion and 
depending on the nature and seriousness of the violation, may impose any 
or all of the following sanctions (``lesser sanctions'') on a sponsor 
for any of the reasons set forth in Sec. 514.50(a):
    (i) A written reprimand to the sponsor, with a warning that repeated 
or persistent violations of the regulations in this Part may result in 
suspension or revocation of the sponsor's exchange visitor program 
designation, or other sanctions as set forth herein;
    (ii) A declaration placing the exchange visitor sponsor on 
probation, for a period of time determined by the Agency in its 
discretion, signifying a pattern of serious willful or negligent 
violation of regulations such that further violations could lead to 
suspension or revocation;
    (iii) A corrective action plan designed to cure the sponsor's 
violations; or
    (iv) A limitation or reduction in the authorized number of exchange 
visitors in the sponsor's program or in the geographic area of the 
sponsor's recruitment or activity.
    (2) Within ten days of service of the written notice to the sponsor 
imposing any of the sanctions set forth in this paragraph, the sponsor 
may submit to EVPS any statement or information, including, if 
appropriate, any documentary evidence or affidavits in opposition to or 
mitigation of the sanction, and may request a conference. Upon its 
review and consideration of such submission, the Agency may,in its 
discretion, modify, withdraw, or confirm such sanction. All materials 
submitted

[[Page 214]]

by the sponsor shall become a part of the sponsor's file with EVPS. The 
decision of EVPS is not appealable with regard to lesser sanctions in 
paragraphs (b)(1)(i) to (iv), if:
    (i) The proposed limitation in the size of the sponsor's program is 
equivalent to 10 percent or less of the number of authorized visitors in 
the sponsor's program during the previous calendar year; or
    (ii) The proposed limitation in the size of the sponsor's program 
will not cause a significant financial burden for the sponsor.
    (c) Suspension or significant program limitation. (1) Upon a finding 
that a suspension, or a reduction in the sponsor's program equivalent to 
a number greater than 10 percent of the number of authorized visitors, 
is warranted for any of the reasons set forth at Sec. 514.50(a), EVPS 
shall give written notice to the sponsor of the Agency's intent to 
impose the sanction, specifying therein the reasons for such sanction 
and the effective date thereof, which shall not be sooner than 30 days 
after the date of the letter of notification.
    (2) Prior to the proposed effective date of such sanction, the 
sponsor may submit a protest to EVPS, setting forth therein any reasons 
why suspension should not be imposed, and presenting any documentary 
evidence in support thereof, and demonstrating that the sponsor is in 
compliance with all lawful requirements. All materials submitted by the 
sponsor shall become a part of the sponsor's file with EVPS.
    (3) EVPS shall review and consider the sponsor's submission and, 
within seven (7) days of receipt thereof, notify the sponsor in writing 
of its decision on whether the sanction is to be affected. In the event 
that the decision is to impose the sanction, such notice shall inform 
the sponsor of its right to appeal the sanction and of its right to a 
formal hearing thereon.
    (4) The sponsor may within ten (10) days after receipt of the 
aforesaid notice effecting the sanction, appeal the sanction to the 
Exchange Visitor Program Designation, Suspension and Revocation Board 
(``Board'') by filing a notice of appeal with the Agency's General 
Counsel, room 700, 301 4th Street, SW., Washington, DC 20547. The filing 
of the notice of appeal shall serve to stay the effective date of the 
sanction pending appeal.
    (5) Upon receipt of the notice of appeal, the General Counsel or his 
or her designee, shall, within ten (10) days, convene the Board. 
Thereafter, proceedings before the Board shall follow the regulations 
set forth in Sec. 514.50(i), infra.
    (d) Summary suspension. (1) EVPS may, upon a finding that a sponsor 
has willfully or negligently committed a serious act of omission or 
commission which has or could have the effect of endangering the health, 
safety, or welfare of an exchange visitor, and upon written notice to 
the sponsor specifying the reason therefor and the effective date 
thereof, notify the sponsor of the Agency's intent to suspend the 
designation of the sponsor's program for a period not to exceed sixty 
(60) days.
    (2) No later than three (3) days after receipt of such notification, 
the sponsor may submit a rebuttal to the EVPS, setting forth therein any 
reasons why a suspension should not be imposed.
    (3) The sponsor may present any statement or information in such 
protest, including, if appropriate, any documentary evidence or 
affidavits in opposition to or mitigation of the sanction, and 
demonstrating that the sponsor is in compliance with all lawful 
requirements. All materials submitted by the sponsor shall become a part 
of the sponsor's file with EVPS. Within three (3) days of receipt of 
such submissions, EVPS shall notify the sponsor in writing of its 
decision whether to effect the suspension. In the event the decision is 
to effect the suspension, such notice shall advise the sponsor of its 
right to appeal the suspension and of its right to a formal hearing 
thereon.
    (4) The sponsor may, within ten (10) days after receipt of the 
aforesaid notice continuing the suspension, appeal the suspension to the 
Board by filing a notice of appeal with the Agency's General Counsel, 
room 700, 301 4th Street, SW., Washington, DC 20547. The filing of the 
notice of appeal of a summary suspension shall not serve to stay the 
suspension pending appeal.
    (5) Upon receipt of the notice of appeal, the General Counsel or his 
or her

[[Page 215]]

designee shall, within ten (10) days, convene the Board. Thereafter, 
proceedings before the Board shall follow the regulations set forth in 
Sec. 514.50(i), infra.
    (e) Revocation. (1) EVPS may, for any reason set forth at 
Sec. 514.50(a), give the sponsor not less than thirty (30) days notice 
in writing of its intent to revoke the sponsor's exchange visitor 
program designation, specifying therein the grounds for such revocation 
and the effective date of the revocation. Revocation need not be 
preceded by the imposition of a summary suspension, a suspension, or any 
lesser sanctions.
    (2) Within ten (10) days of receipt of the aforesaid notice of 
intent to revoke, the sponsor shall have an opportunity to show cause as 
to why such revocation should not be imposed, and may submit to EVPS any 
statement of information, including, if appropriate, any documentary 
evidence or affidavits in opposition to or mitigation of the violations 
charged, and demonstrating that the sponsor is in compliance with all 
lawful requirements. All materials submitted by the sponsor shall become 
a part of the sponsor's file with EVPS.
    (3) EVPS shall review and consider the sponsor's submission and, 
thereafter, notify the sponsor in writing of its decision on whether the 
revocation is to be effected. In the event that the decision on whether 
the revocation is to effect the revocation, such notice shall advise the 
sponsor of its right to appeal the revocation and of its right to a 
formal hearing thereon.
    (4) The sponsor may, within twenty (20) days after receipt of the 
aforesaid notice effecting the revocation, appeal the revocation to the 
Board by filing a notice of appeal with the Agency's General Counsel, 
room 700, 301 4th Street, SW., Washington, DC 20547. The filing of the 
notice of appeal shall serve to stay the effective date of the 
revocation pending appeal.
    (5) Upon receipt of the notice of appeal the General Counsel or his 
or her designee shall, within ten (10) days, convene the Board. 
Thereafter, proceedings before the Board shall follow the regulations 
set forth in Sec. 514.50(i), infra.
    (f) Responsible officers. (1) The Agency may direct a sponsor to 
summarily suspend, suspend or revoke the appointment of a responsible 
officer or alternate responsible officer for any of the reasons set 
forth in paragraph ``(a)'' above.
    (2) In the event that such action is directed, the sponsor shall be 
entitled to all of the rights of review or appeal that are accorded to a 
sponsor under paragraphs ``(b)'', ``(c)'', ``(d)'', and ``(e)'' of this 
section.
    (g) Denial of application for redesignation. (1) EVPS shall give an 
applicant for redesignation not less than thirty (30) days notice in 
writing of its intentions to deny the application for exchange visitor 
program redesignation, specifying therein the grounds for such denial.
    (2) Within ten (10) days of receipt of the aforesaid notice of 
intent to deny the application, the applicant shall have an opportunity 
to demonstrate why the application should be approved, and may submit to 
EVPS any statement or information including, if appropriate, any 
documentary evidence or affidavits in support of its application.
    (3) EVPS shall review and consider the applicant's submission and 
thereafter notify the applicant in writing of its decision on whether 
the application for redesignation will be approved. In the event that 
the decision is to deny the applicant, such notice shall advise the 
applicant of its right to appeal the denial and of its right to a formal 
hearing thereon.
    (4) The applicant may, within twenty (20) days after receipt of the 
aforesaid notice of denial, appeal the denial to the Board by filing a 
notice of appeal with the Agency's General Counsel, room 700, 301 4th 
Street, SW., Washington, DC 20547.
    (5) Upon receipt of the notice of appeal the General Counsel or his 
or her designee shall, within ten (10) days, convene the Board. 
Thereafter, proceedings before the Board shall follow the regulations 
set forth in Sec. 514.50(i), infra.
    (h) The Exchange Visitor Program Designation, Suspension, and 
Revocation Board. (1) The Exchange Visitor Program Designation, 
Suspension, and Revocation Board (``Board'') shall consist of:

[[Page 216]]

    (i) The Deputy Associate Director of the Bureau of Educational and 
Cultural Affairs, or his or her designee, who shall serve as presiding 
officer of the Board;
    (ii) The Deputy Director of the relevant geographic area office, or 
his or her designee; and
    (iii) A member of the public appointed by the Deputy Associate 
Director of the Bureau of Educational and Cultural Affairs. A different 
public member shall be appointed for each sanction case brought before 
the Board.
    (2) The General Counsel of the Agency shall appoint an attorney in 
the Office of the General Counsel to prosecute the case before the Board 
on behalf of the Agency. Such attorney shall not take part in the 
deliberations of the Board.
    (3) The General Counsel of the Agency shall also appoint an attorney 
in the Office of the General Counsel to serve as a legal advisor to the 
Board. Such attorney shall not have had any substantial prior 
involvement with the particular case pending before the Board.
    (i) General powers of the board. At any hearing before the Board 
pursuant to this Part, the Board may:
    (1) Administer oaths and affirmations;
    (2) Rule on offers of proof and receive any oral or documentary 
evidence;
    (3) Require the parties to submit lists of proposed witnesses and 
exhibits, and otherwise regulate the course of the hearing;
    (4) Hold conferences for the settlement or simplification of the 
issues by consent of the parties;
    (5) Dispose of motions, procedural requests, or similar matters; and
    (6) Make decisions, which shall include findings of fact and 
conclusions of law on all the material issues of fact, law or discretion 
presented on the record, and the appropriate sanction or denial thereof.
    (j) Proceedings before the board. The following procedures shall 
govern all designation, suspension, summary suspension, and revocation 
proceedings before the Board:
    (1) Upon being convened, the Board shall schedule a hearing, within 
ten (10) days, at which hearing the parties may appear on their own 
behalf or by counsel, present oral or written evidence, and cross-
examine witnesses. A substantially verbatim record of the hearing shall 
be made and shall become a part of the record of the proceeding;
    (2) At the conclusion of the hearing, the Board shall promptly 
review the evidence and issue a written decision within ten (10) days, 
signed by a majority of the members, stating the basis for its decision. 
The decision of the majority shall be the decision of the Board. If a 
Board member disagrees with the majority, the member may write a 
dissenting opinion;
    (3) If the Board decides to affirm the suspension, summary 
suspension, revocation, or denial of redesignation, a copy of its 
decision shall be delivered to EVPS, the sponsor, the Immigration and 
Naturalization Service, and the Bureau of Consular Affairs of the 
Department of State. EVPS, at its discretion, may distribute the Board's 
decision as it deems appropriate; and
    (4) The suspension, revocation, or denial of designation shall be 
effective as of the date of the Board's decision.
    (k) Effect of suspension, summary suspension, revocation, or denial 
of redesignation. A sponsor against which an order of suspension, 
summary suspension, revocation, or denial of redesignation has been 
entered shall not thereafter issue any Forms IAP-66, advertise, recruit, 
or otherwise promote its program, and under no circumstances shall the 
sponsor facilitate the entry of an exchange visitor. Suspension, summary 
suspension, revocation, or denial of redesignation shall not invalidate 
any Forms IAP-66 issued prior to the effective date of the suspension, 
summary suspension, revocation, or denial of redesignation, nor shall 
the suspension, summary suspension, revocation, or denial of 
redesignation in any way diminish or restrict the sponsor's legal or 
financial responsibilities to existing program participants.
    (l) Miscellaneous--(1) Computation of time. In computing any period 
of time prescribed or allowed by these regulations, the day of the act 
or event from which the designated period of time begins to run shall 
not be included. The last day of the period so computed

[[Page 217]]

shall be included unless it is a Saturday, a Sunday, or a federal legal 
holiday, in which event the period runs until the end of the next day 
which is not one of the aforementioned days. When the period of time 
prescribed or allowed is less than eleven (11) days, intermediate 
Saturdays, Sundays, or federal legal holidays shall be excluded in the 
computation.
    (2) Service of notice on sponsor. When used in these regulations the 
terms ``written notice to the sponsor'' shall mean service of written 
notice by mail, delivery or facsimile, upon either the president, 
managing director, responsible officer, or alternate responsible officer 
of the sponsor.



            Subpart E--Termination and Revocation of Programs



Sec. 514.60  Termination of designation.

    Designation shall be terminated when any of the circumstances set 
forth in this section occur.
    (a) Voluntary termination. A sponsor may voluntarily terminate its 
designation by notifying the Agency of such intent. The sponsor's 
designation shall terminate upon such notification. Such sponsor may 
reapply for designation.
    (b) Inactivity. A sponsor's designation shall automatically 
terminate for inactivity if the sponsor fails to comply with the minimum 
size or duration requirements, as specified in Sec. 514.8 (a) and (b), 
in any twelve month period. Such sponsor may reapply for program 
designation.
    (c) Failure to file annual reports. A sponsor's designation shall 
automatically terminate if the sponsor fails to file annual reports for 
two consecutive years. Such sponsor is eligible to reapply for program 
designation upon the filing of the past due annual reports.
    (d) Change in ownership or control. An exchange visitor program 
designation is not assignable or transferable. A major change in 
ownership or control automatically terminates the designation. However, 
the successor sponsor may apply to the Agency for redesignation and may 
continue its exchange visitor activities while approval of the 
application for redesignation is pending before the Agency.
    (1) With respect to a for-profit corporation, a major change in 
ownership shall be deemed to have occurred when thirty-three and one-
third percent (33\1/3\ percent) or more of its stock is sold or 
otherwise transferred within a 12 month period;
    (2) With respect to a not-for-profit corporation, a major change of 
control shall be deemed to have occurred when fifty-one percent or more 
of the board of trustees, or other like body vested with its management, 
is replaced within a 12-month period.
    (e) Loss of licensure or accreditation. A sponsor's designation 
shall automatically terminate in the event that the sponsor fails to 
remain in compliance with local, state, federal, or professional 
requirements necessary to carry out the activity for which it is 
designated, including loss of accreditation or licensure.
    (f) Failure to apply for redesignation. Prior to the conclusion of 
its current designation period, the sponsor is required to apply for 
redesignation pursuant to the terms and conditions of Sec. 514.7. 
Failure to apply for redesignation will result in the automatic 
termination of the sponsor's designation. If so terminated, the former 
sponsor may apply for a new designation, but the program activity will 
be suspended during the pendency of the application.



Sec. 514.61  Revocation.

    A designation may be terminated by revocation for cause as specified 
in Sec. 514.50. A sponsor whose designation has been revoked may not 
apply for a new designation within a five-year period.



Sec. 514.62  Responsibilities of the sponsor upon termination or revocation.

    Upon termination or revocation of its designation, the sponsor 
shall:
    (a) Fulfill its responsibilities to all exchange visitors who are in 
the United States at the time of the termination or revocation;
    (b) Notify exchange visitors who have not entered the United States 
that the program has been terminated unless a transfer to another 
designated program can be obtained; and
    (c) Return all Forms IAP-66 in the sponsor's possession to the 
Agency

[[Page 218]]

within 30 days of program termination or revocation.



                          Subpart F--[Reserved]



                      Subpart G--Summer/Work Travel



Sec. 514.80  Summer Student Travel/Work Program.

    (a) The following criteria apply to United States organizations 
which have been designated by the United States Information Agency 
(USIA) to administer Summer Student Travel/Work Programs. These programs 
are designed to achieve the educational objectives of international 
exchange by involving students during their summer vacations directly in 
the daily life of the host country through temporary employment 
opportunities. The criteria require program sponsors to promote the 
exchange of United States and foreign students on a reciprocal basis 
thereby assuring that the operation of such programs will not have an 
adverse impact on labor opportunities for United States youth in the 18-
23 year age bracket.
    (1) Selection. The selection will be limited to bona fide university 
students screened for maturity and ability to get maximum benefit from 
Summer Travel/Work Programs. Priority consideration will be given to 
students who do not live in close proximity to the United States who 
would not be able to visit this country if temporary work permission 
were not authorized to help defray their travel expenses.
    (2) Orientation. All students shall be provided with orientation, 
both pre-departure and upon arrival in the United States. The 
orientation should be designed to give the students a good basic 
knowledge of our country and its people. Students should be fully 
informed of the nature of the program in which they are participating. 
They should be provided with some type of identification card which 
includes the name and phone number of an official of the sponsoring 
organization as well as the number of the Exchange-Visitor Program in 
which they are participating. In addition, orientation should cover 
proper methods of obtaining and holding a job and the customary 
practices of giving employers adequate advance notice of resignation. 
Students should be fully briefed on the employment situation in the 
United States and advised not to seek employment in areas where a high 
unemployment situation exists.
    (3) Supervision. Sponsors must be prepared to help their students at 
any time they have a medical, personal, employment, or other type of 
problem.
    (4) Jobs. Each student sponsored on such a program must have a 
prearranged job before he or she comes to the United States, or firm 
appointments with prospective employers, or have sufficient personal 
funds so as to be financially independent if not employed.
    (5) United States employment. Sponsors are required to check in 
advance with the Department of Labor to obtain information regarding 
areas or cities which have a high unemployment rate. Students should be 
advised to avoid such areas in seeking employment.
    (6) Financial responsibility. Sponsors are required to ensure that 
all participants return home at no charge to the United States 
Government.
    (7) Health and accident insurance. Sponsors shall ensure that every 
student has health and accident insurance coverage from the time of 
departure from home until the student returns to his or her home 
country. Minimum acceptable insurance is:
    (i) Medical and accident coverage up to $2,000 per injury or 
illness; and
    (ii) Preparation and transportation of remains to home country (at 
least $2,000). Coverage may be provided in one of the following ways:
    (A) By health and accident coverage arranged for by the student.
    (B) By health and accident insurance coverage arranged for by the 
sponsor.
    (8) Geographical distribution. Sponsors shall develop plans to 
ensure that groups of students, especially those of the same 
nationality, are not ``clustered'' in certain areas or cities. Every 
effort should be made to have the students widely dispersed throughout 
the country.
    (9) Arrival time. Students for whom the sponsors have arranged 
``preplacement'' for jobs can begin their programs at any time. Travel 
for students who have not been

[[Page 219]]

``preplaced'' should be delayed by the sponsors as late as possible, 
preferably after June 15. Such delayed travel will give American 
students who are interested in obtaining summer jobs from two to four 
weeks in a less competitive market.
    (10) Reciprocity. Sponsors are required to administer Student 
Travel/Work Programs on a reciprocal basis. The number of foreign 
students a sponsor brings to the United States under this program shall 
not exceed, in any calendar year, the number of American students who 
were sent abroad by the sponsor on a Travel/Work Program. Should a 
sponsor fail in the realization of reciprocity in any given calendar 
year, the Agency may restrict the number of foreign students that the 
sponsor brings to the United States in the next calendar year to the 
number sent abroad by the sponsor in the preceding calendar year.
    (11) Report requirement. Sponsors are required to submit an annual 
report, not later than January 31, on the United States students who 
were sent abroad the previous calendar year under Travel/Work Programs. 
The report should contain the following information: Name and United 
States address of the student, the country where the student was 
employed, name of employer and type of business, and the type and length 
of employment (dates). The report should also include an ongoing 
evaluation of both the incoming program for foreign students and the 
outgoing program for American students. Major problems encountered in 
the administration of the program should also be listed. Failure to 
submit the report by January 31 will result in the automatic suspension 
of the program. The program will not be reactivated until the report is 
received by USIA and the sponsor notified that suspension has been 
lifted.
    (12) Unauthorized activities. Employment as servants, mother's 
helpers, au pair or other jobs of a domestic nature in private homes is 
not authorized. Employment must be of a commercial or industrial nature. 
Also, employment as a Camp Counselor is not authorized under the Travel/
Work Program. All such unauthorized placements will be removed from the 
count of United States placements abroad which could reduce the number 
of foreign students which the sponsor will be permitted to bring into 
the United States during the following year.
    (b) [Reserved]

   Appendix A to Part 514--Certification of Responsible Officers and 
                                Sponsors

    In accordance with the requirement at Sec. 514.5(c)(6), the text of 
the certifications shall read as follows:
    1. Responsible Officers and Alternate Responsible Officers
    I hereby certify that I am the responsible officer (or alternate 
responsible officer, specify) for exchange visitor program number 
________, and that I am a United States citizen or permanent resident. I 
understand that the United States Information Agency may request 
supporting documentation as to my citizenship or permanent residence at 
any time and that I must supply such documentation when and as 
requested. (Name of organization) agrees that my inability to 
substantiate the representation of citizenship or permanent residence 
made in this certification will result in the immediate withdrawal of 
its designation and the immediate return of or accounting for all Forms 
IAP-66 transferred to it.

Signed in ink by

_______________________________________________________________________
(Name)

_______________________________________________________________________
(Title)

Witness:________________________________________________________________

    This ____________ day of ____________, 19____. Subscribed and sworn 
to before me this ____________ day of ____________, 19____.

_______________________________________________________________________
Notary Public

    2. Sponsors.
    I hereby certify that I am the chief executive officer of (Name of 
Organization) with the title of (specify); that I am authorized to sign 
this certification and bind (Name of Organization). I further certify 
that (Name of Organization) is a citizen of the United States as that 
term is defined at 22 CFR Sec. 514.2. (Name of Organization) agrees that 
inability to substantiate the representation of citizenship made in this 
certification will result in the immediate withdrawal of its designation 
and the immediate return of or accounting for all Forms IAP-66 
transferred to it.

Signed in ink by

_______________________________________________________________________
(Name)


[[Page 220]]


_______________________________________________________________________
(Title)

Attestation/Witness:____________________________________________________

    This ____________ day of ____________, 19____. Subscribed and sworn 
to before me this ____________ day of ____________, 19____.

_______________________________________________________________________
Notary Public

  Appendix B to Part 514--Exchange Visitor Program Services, Exchange-
                       Visitor Program Application

Form Approved OMB_______________________________________________________
Serial No.______________________________________________________________
_______________________________________________________________________
1. Name and Address of Sponsoring Organization
_______________________________________________________________________
2. Name and Title of Responsible Officer
_______________________________________________________________________
Telephone Number
_______________________________________________________________________
3. Name and Title of Alternate Responsible Officer
_______________________________________________________________________
Telephone Number
_______________________________________________________________________
4. Type of Application
(check one)
New ______  Re-Apply ______
Re-Designation__________________________________________________________

Section I--Program Participant Data (For Definition & Length of Stay See 
                             22 CFR ______)

5. Participation by Category (indicate total no. and approximate 
duration of stay in each category)
A. Student______________________________________________________________
B. Teacher______________________________________________________________
C. Professor____________________________________________________________
D. Researcher___________________________________________________________
E. Short-term Scholar___________________________________________________
F. Specialist___________________________________________________________
G. Trainee______________________________________________________________
  1. Specialty__________________________________________________________
  2. Nonspecialty_______________________________________________________
H. Int'l Visitor________________________________________________________
I. Gov't Visitor________________________________________________________
J. Physicians___________________________________________________________
K. Camp Cnslr___________________________________________________________
L. Sumr/Wk/Trvl_________________________________________________________
_______________________________________________________________________
6. Method Of Selection
_______________________________________________________________________
7. Arrangements for Financial Support of Exchange Visitor while in the 
U.S.
_______________________________________________________________________

                        Section II--Program Data

8. Outline of Proposed Activities (If training, See Reverse)
_______________________________________________________________________
9. Arrangements for Supervision and Direction
_______________________________________________________________________
10. Purpose of Objective
_______________________________________________________________________
11. Role of other Organizations Associated with Program (if any)
_______________________________________________________________________

                       Section III--Certification

12. Citizenship Certification of Organization and Responsible Officer 
(see reverse)
13. I certify that information given in this application is true to the 
best of my knowledge and belief and that I have completed appropriate 
information on reverse of this form.
_______________________________________________________________________
Signature of Responsible Officer
_______________________________________________________________________
Date

                      Instructions for All Programs

    If additional space is needed in supplying answers to any questions, 
please use continuation sheets on plain white paper.
    1-3. Names and addresses of organization and telephone numbers.
    4. Select type of application.
    5. Select appropriate categories (see 22 CFR prior to filling out 
this data).
    6-7. Complete information on program sponsor.
    8-11. Complete information on program.
    IF TRAINING PROGRAM, identify appropriate fields: 01--Arts & 
Culture; 02--Information Media and Communications; 03--Education; 04--
Business and Commercial; 05--Banking and Financial; 06--Aviation; 07--
Science, Mechanical and Industrial; 08--Construction and Building 
Trades; 09--Agricultural; 10--Public Administration; 11--Training, Other

                    Reapplication and Redesignation:

    If your organization is making reapplication as an exchange visitor 
program, or applying for redesignation under 22 CFR ____, please certify 
to the following:
    I hereby certify that as an officer of the organization making 
application for an exchange program under 22 CFR ____ or 22 CFR ____ 
that the following documents which have been submitted to the United 
States Information Agency, Exchange Visitor Program Services, remain in 
effect and not altered in any way:
    (1) Legal status as a corporation such as Articles of Incorporation 
and By Laws. Provide dates and state of both:________
    (2) Accreditation. Provide date, type of accreditation, and State of 
accreditation:______
    (3) Evidence of Licensure. Provide date, type of license, and state 
of licensure:______.

[[Page 221]]

    (4) Authorization of governing body authorizing application. Please 
provide date of such authorization and authorizing body:____________.
    (5) Activities in which the organization has been engaged have not 
changed since application dated:______.
    (6) Citizenship. Provide the date of compliance with citizenship 
requirements:________. If citizenship compliance is not current, please 
complete the following:
    Organization: I hereby certify that I am an officer of ________ with 
the title of ________; that I am authorized by the (Board of Directors, 
Trustees, etc.) to sign this certification and bind ______; and that a 
true copy certified by the (Board of Directors, Trustees, etc.) of such 
authorization is attached. I further certify that ______ is a citizen of 
the United States as that term is defined at 22 CFR 514.1.
    Responsible Officer or Alternate Responsible Officer: I hereby 
certify that I am the responsible officer (or alternate responsible 
officer) for ______, and that I am a citizen of the United States (or a 
person lawfully admitted to the United States for permanent residence. 
________ agrees that my inability to substantiate my citizenship or 
status as a permanent resident will result in the immediate withdrawal 
of its designation and immediate return of or accounting for all IAP-66 
forms transferred to it.

                Certification as to (1)-(6) Requirements:

    I understand that false certification may subject me to criminal 
prosecution under 18 U.S.C. 1001, which reads: ``Whoever, in any matter 
within the jurisdiction of any department or agency of the United States 
knowingly and willfully falsifies, conceals or covers up by any trick, 
scheme or device a material fact or makes any false writing or document 
knowing the same to contain any false, fictitious or fraudulent 
statement or entry, shall be fined not more than $10,000 or imprisoned 
not more than five years, or both.''
Signed in ink by (Name)_________________________________________________
Title___________________________________________________________________
Subscribed and sworn to before me this ______ day of ______, 19____. 
Notary Public

                              USIA Use Only

Type of program:________________________________________________________
Subtype if applicable:__________________________________________________
No. Forms IAP-66:_______________________________________________________
Categories:_____________________________________________________________
    Please return form to:
Exchange Visitor Program Services-GC/V, United States Information 
Agency, Washington, DC 20547

    Note: Public reporting burden for this collection of information 
(Paperwork Reduction Project: OMB No. 3116-0011) is estimated to average 
____ minutes/hours per response, including time for reviewing 
instructions, researching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the collection 
of information. Send comments regarding this burden estimate or any 
other aspect of this collection of information, including suggestions 
for reducing this burden, to USIA Clearance Officer, M/ASP, U.S. 
Information Agency, 301 4th Street, SW., Washington, DC 20547; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Washington, DC 20503.

   Appendix C to Part 514--Update of Information on Exchange-Visitor 
                             Program Sponsor

    Please amend the United States Information Agency records for 
Exchange-Visitor
Program Number__________________________________________________________
assigned to ________________ as follows:
(Name of institution/organization)
    1. Change the name of the Program Sponsor
from the above to_______________________________________________________
_______________________________________________________________________
    2. Change the address of the Program Sponsor
From:___________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(city)    (state)    (zip)
    To:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(city)    (state)    (zip)
    3. (  ) Change the telephone number from ________ to ________
      (  ) Change the fax number from ________ to ________
    4. (  ) Change the name of the Responsible Officer of the above 
program from ________ to ________
    5. a. Delete the following Alternate Responsible Officer:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
    5. b. Add the following Alternate Responsible Officer:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

 (Citizenship is required for all Responsible and Alternate Responsible 
                          Officers-See Reverse)

    6. (  ) Send ______ (indicate number) IAP-66 forms. (PLEASE ALLOW 
FOUR TO SIX WEEKS FOR RESPONSE AND REMEMBER TO SUBMIT THE ANNUAL REPORT)
    7. (  ) Send ______ copies of this form.

[[Page 222]]

    8. (  ) Send ______ copies of Codes for Educational and Cultural 
Exchange.
    9. ( ) Cancel the above named Exchange Visitor Program.
_______________________________________________________________________
(Signature of Responsible or Alternate Responsible Officer)
_______________________________________________________________________
(Date)
_______________________________________________________________________
(Title of Signing Officer)

Appendix D to Part 514--Annual Report--Exchange Visitor Program Services 
  (GC/V), United States Information Agency, Washington, DC 20547, (202-
                                401-7964)

    Exchange Visitor Program No. ______ Reporting Period ______ Provide 
Range of Forms IAP-66 Documents Covered by this Report (______-______).

                         (a) STATISTICAL REPORT

                        (1) ACTIVITY BY CATEGORY

                                                                        
                                                                Number  
                                                                        
Professor...................................................    ________
Research Scholar............................................    ________
Short-term Scholar..........................................    ________
Trainee.....................................................    ________
Student (College and University)............................    ________
Student (Practical Trainee).................................    ________
Teacher.....................................................    ________
Student (Secondary).........................................    ________
Specialists.................................................    ________
Physicians..................................................    ________
International Visitors......................................    ________
Government Visitors.........................................    ________
Camp Counselors.............................................    ________
                                                             -----------
    Total...................................................    ________
                                                             ===========
(2) Forms IAP-66 Reconciliation                                         
(i) Number of Forms IAP-66 voided or otherwise not used by              
 participant ________.......................................            
(ii) Number of Forms IAP-66 issued for dependents ________..            
(iii) Number of Forms IAP-66 currently on hand ________.....            
                                                                        


                         (b) PROGRAM EVALUATION

    On a separate sheet, please provide a brief narrative report on 
program activity, difficulties encountered and their resolution, program 
transfers, anticipated growth and the proposed new activity, cross-
cultural activities, as well as the reciprocal component of the program.
    I, The Responsible Officer of the program indicated above, certify 
that we have complied with the insurance requirement (22 CFR 514.14). I 
also certify that the information contained in this report is complete 
and correct to the best of my knowledge and belief.
_______________________________________________________________________
Responsible Officer  (signed)
Date____________________________________________________________________
_______________________________________________________________________
Name and address of sponsoring institution

              Appendix E to Part 514--Unskilled Occupations

    For purposes of 22 CFR 514.22(c)(1), the following are considered to 
be ``unskilled occupations'':

(1) Assemblers
(2) Attendants, Parking Lot
(3) Attendants (Service Workers such as Personal Services Attendants, 
          Amusement and Recreation Service Attendants)
(4) Automobile Service Station Attendants
(5) Bartenders
(6) Bookkeepers
(7) Caretakers
(8) Cashiers
(9) Charworkers and Cleaners
(10) Chauffeurs and Taxicab Drivers
(11) Cleaners, Hotel and Motel
(12) Clerks, General
(13) Clerks, Hotel
(14) Clerks and Checkers, Grocery Stores
(15) Clerk Typist
(16) Cooks, Short Order
(17) Counter and Fountain Workers
(18) Dining Room Attendants
(19) Electric Truck Operators
(20) Elevator Operators
(21) Floorworkers
(22) Groundskeepers
(23) Guards
(24) Helpers, any industry
(25) Hotel Cleaners
(26) Household Domestic Service Workers
(27) Housekeepers
(28) Janitors
(29) Key Punch Operators
(30) Kitchen Workers
(31) Laborers, Common
(32) Laborers, Farm
(33) Laborers, Mine
(34) Loopers and Toppers
(35) Material Handlers
(36) Nurses' Aides and Orderlies
(37) Packers, Markers, Bottlers and Related
(38) Porters
(39) Receptionists
(40) Sailors and Deck Hands
(41) Sales Clerks, General
(42) Sewing Machine Operators and Handstitchers
(43) Stock Room and Warehouse Workers
(44) Streetcar and Bus Conductors
(45) Telephone Operators
(46) Truck Drivers and Tractor Drivers
(47) Typist, Lesser Skilled
(48) Ushers, Recreation and Amusement
(49) Yard Workers

[[Page 223]]



PART 515--PAYMENTS TO AND ON BEHALF OF PARTICIPANTS IN THE INTERNATIONAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM--Table of Contents




Sec.
515.1  Definitions.
515.2  Applicability of this part under special circumstances.
515.3  Grants to foreign participants to observe, consult, demonstrate 
          special skills, or engage in specialized programs.
515.4  Grants to foreign participants to lecture, teach, and engage in 
          research.
515.5  Grants to foreign participants to study.
515.6  Assignment of United States Government employees to consult, 
          lecture, teach, engage in research, or demonstrate special 
          skills.
515.7  Grants to United States participants to consult, lecture, teach, 
          engage in research, demonstrate special skills, or engage in 
          specialized programs.
515.8  Grants to United States participants to study.
515.9  General provisions.

    Authority: Sec. 4, 63 Stat. 111, as amended, 75 Stat. 527-538; 22 
U.S.C. 2658, 2451 note; Reorganization Plan No. 2 of 1977; Executive 
Order 12048 of March 27, 1978.

    Source: 44 FR 18019, Mar. 26, 1979, unless otherwise noted.



Sec. 515.1  Definitions.

    For the purpose of this part the following terms shall have the 
meaning here given:
    (a) International educational and cultural exchange program of the 
United States Information Agency. A program to promote mutual 
understanding between the people of the United States and those of other 
countries and to strengthen cooperative international relations in 
connection with which payments are made direct by the United States 
Information Agency, as well as similar programs carried out by other 
Government departments and agencies and by private organizations with 
funds appropriated or allocated to the United States Information Agency 
when the regulations in this part apply under the provisions of 
Sec. 515.2 (a) and (b).
    (b) Program and Agency. For convenience, the international 
educational and cultural exchange program of the United States 
Information Agency will hereinafter be referred to as the ``program,'' 
and the United States Information Agency will hereinafter be referred to 
as the ``Agency.''
    (c) Participant. Any person taking part in the program for purposes 
listed in Sec. 515.3 through Sec. 515.8 including both citizens of the 
United States and citizens and nationals of the other countries with 
which the program is conducted.
    (d) Transportation. All necessary travel on railways, airplanes, 
steamships, buses, streetcars, taxicabs, and other usual means of 
conveyance.
    (e) Excess baggage. Baggage in excess of the weight or size carried 
free by public carriers on first class service.
    (f) Per diem allowance. Per diem in lieu of subsistence includes all 
charges for meals and lodging; fees and tips; telegrams and telephone 
calls reserving hotel accommodations; laundry, cleaning and pressing of 
clothing; transportation between places of lodging or business and 
places where meals are taken.



Sec. 515.2  Applicability of this part under special circumstances.

    (a) Funds administered by another department or agency. The 
regulations in this part shall apply to payments made to or on behalf of 
participants from funds appropriated or allocated to the Agency and 
transferred by the Agency to some other department, agency or 
independent establishment of the Government unless the terms of the 
transfer provide that such regulations shall not apply in whole or in 
part or with such modification as may be prescribed in each case to meet 
the exigencies of the particular situation.
    (b) Funds administered by private organizations. The regulations in 
this part shall apply to payments made to or on behalf of participants 
from funds appropriated or allocated to the Agency and administered by 
an institution, facility, or organization in accordance with the terms 
or a contract or grant made by the Agency with or to such private 
organizations, unless the terms of such contract or grant provide that 
the regulations in this part are not to be considered applicable or that 
they are to be applied with such modifications as may be prescribed in 
each case

[[Page 224]]

to meet the exigencies of the particular situation.
    (c) Appropriations or allocations. The regulations in this part 
shall apply to payments made by the Agency with respect to 
appropriations or allocations which are or may hereafter be made 
available to the Agency for the program so far as the regulations in 
this part are not inconsistent therewith.



Sec. 515.3  Grants to foreign participants to observe, consult, demonstrate special skills, or engage in specialized programs.

    A citizen or national of a foreign country who has been awarded a 
grant to observe, consult with colleagues, demonstrate special skills, 
or engage in specialized programs, may be entitled to any or all of the 
following benefits when authorized by the Agency.
    (a) Transportation. Accommodations, as authorized, on steamship, 
airplane, railway, or other means of conveyance. For travel in a 
privately owned vehicle, reimbursement will be in accordance with the 
provisions of the Federal Travel Regulations.
    (b) Excess baggage. Excess baggage as deemed necessary by the 
Agency.
    (c) Per diem allowance. Per diem allowances in lieu of subsistence 
expenses while participating in the program in the United States, its 
territories or possessions and while traveling within or between the 
United States, its territories or possessions shall be established by 
the Director from time to time, within limitations prescribed by law. 
The participant shall be considered as remaining in a travel status 
during the entire period covered by his or her grant unless otherwise 
designated.
    (d) Allowance. A special allowance in lieu of per diem while 
traveling to and from the United States may be established by the 
Director, within limitations prescribed by law.
    (e) Tuition and related expenses. Tuition and related expenses in 
connection with attendance at seminars and workshops, professional 
meetings, or other events in keeping with the purpose of the grant.
    (f) Books and educational materials allowance. A reasonable 
allowance for books and educational materials.
    (g) Advance of funds. Advance of funds including per diem.
[44 FR 18019, Mar. 26, 1979, as amended at 49 FR 12214, Mar. 29, 1984]



Sec. 515.4  Grants to foreign participants to lecture, teach, and engage in research.

    A citizen or national of a foreign country who has been awarded a 
grant to lecture, teach, and engage in research may be entitled to any 
or all of the following benefits when authorized by the Agency:
    (a) Transportation. Accommodations, as authorized on steamship, 
airplane, railway, or other means of conveyance. For travel in a 
privately owned vehicle, reimbursement will be in accordance with the 
provisions of the Federal Travel Regulations.
    (b) Excess baggage. Excess baggage as deemed necessary by the 
Agency.
    (c) Per diem allowance. Per diem allowance in lieu of subsistence 
expenses while participating in the program in the United States, its 
territories or possessions and while traveling within or between the 
United States, its territories or possessions shall be established by 
the Director from time to time, within limitations prescribed by law.
    (d) Allowance. A special allowance in lieu of per diem while 
traveling to and from the United States may be established by the 
Director, within limitations prescribed by law.
    (e) Tuition and related expenses. Tuition and related expenses in 
connection with attendance at educational institutions, seminars and 
workshops, professional meetings or other events in keeping with the 
purpose of the grant.
    (f) Books and educational materials allowance. A reasonable 
allowance for books and educational materials.
    (g) Advance of funds. Advance of funds including per diem.



Sec. 515.5  Grants to foreign participants to study.

    A citizen or national of a foreign country who has been awarded a 
grant to study may be entitled to any or all of the following benefits 
when authorized by the Agency:
    (a) Transportation. Accommodations, as authorized, on steamship, 
airplane, railway, or other means of conveyance.

[[Page 225]]

For travel in a privately owned vehicle, reimbursement will be 
accordance with the provisions of the Federal Travel Regulations.
    (b) Excess baggage. Excess baggage as deemed necessary by the 
Agency.
    (c) Per diem allowance. Per diem allowance in lieu of subsistence 
expenses while traveling (1) from point of entry in the United States, 
its territories or possessions to orientation centers and while in 
attendance at such centers for purposes of orientation, not to exceed 30 
days, (2) to educational institutions of affiliation, and (3) to point 
of departure and while participating in authorized field trips or 
conferences, shall be established by the Director from time to time, 
within limitations prescribed by law.
    (d) Allowances. (1) A maintenance allowance while present and in 
attendance at an educational institution, facility or organization, and
    (2) A travel allowance in lieu of per diem while traveling to and 
from the United States may be established by the Director, within 
limitations prescribed by law.
    (e) Tuition. Tuition and related fees for approved courses of study.
    (f) Books and educational materials allowance. A reasonable 
allowance for books and educational materials.
    (g) Tutoring assistance. Special tutoring assistance in connection 
with approved courses of study.
    (h) Advance of funds. Advance of funds including per diem.



Sec. 515.6  Assignment of United States Government employees to consult, lecture, teach, engage in research, or demonstrate special skills.

    An employee of the United States Government who has been assigned 
for service abroad to consult, lecture, teach, engage in research, or 
demonstrate special skills, may be entitled to any or all of the 
following benefits when authorized by the Agency.
    (a) Transportation. Transportation and miscellaneous expenses in the 
United States and abroad, including baggage charges, and per diem in 
lieu of subsistence at the maximum rates allowable while in a travel 
status in accordance with the provisions of the Federal Travel 
Regulations. The participant shall be considered as remaining in a 
travel status during the entire period covered by his or her assignment 
unless otherwise designated.
    (b) Advance of funds. Advances of per diem as provided by law.
    (c) Compensation. Compensation in accordance with Civil Service 
rules; or in accordance with the grade in which the position occupied 
may be administratively classified; or Foreign Service Act, as amended.
    (d) Allowances for cost of living and living quarters. Allowances 
for living quarters, heat, fuel, light, and to compensate for the 
increased cost of living in accordance with the Federal Travel 
Regulations (Government Civilians, Foreign Areas), when not in a travel 
status as provided in paragraph (a) of this section.
    (e) Books and educational materials allowance. A reasonable 
allowance for books and educational materials. Such books and materials, 
unless otherwise specified, shall be selected by the employee and 
purchased and shipped by the Agency or its agent. At the conclusion of 
the assignment, the books and educational materials shall be transferred 
to and become the property of an appropriate local institution or be 
otherwise disposed of as directed by the Agency.
    (f) Families and effects. Cost of transportation of immediate family 
and household goods and effects when going to and returning from posts 
of assignment in foreign countries in accordance with the provisions of 
the Foreign Service Regulations of the United States of America.



Sec. 515.7  Grants to United States participants to consult, lecture, teach, engage in research, demonstrate special skills, or engage in specialized programs.

    A citizen or resident of the United States who has been awarded a 
grant to consult, lecture, teach, engage in research, demonstrate 
special skills, or engage in specialized programs may be entitled to any 
or all of the following benefits when authorized by the Agency.
    (a) Transportation. Transportation in the United States and abroad, 
including baggage charges.

[[Page 226]]

    (b) Subsistence and miscellaneous travel expenses. Per diem, in lieu 
of subsistence while in a travel status, at the maximum rates allowable 
in accordance with the provisions of the Federal Travel Regulations, 
unless otherwise specified, and miscellaneous travel expenses, in the 
United States and abroad. Alternatively, a travel allowance may be 
authorized to cover subsistence and miscellaneous travel expenses. The 
participant shall be considered as remaining in a travel status during 
the entire period covered by his or her grant unless otherwise 
designated.
    (c) Orientation and debriefing within the United States. For the 
purpose of orientation and debriefing within the United States, 
compensation, travel, and per diem at the maximum rates allowable in 
accordance with the provisions of the Federal Travel Regulations, unless 
otherwise specified. Alternatively, a travel allowance may be authorized 
to cover subsistence and miscellaneous travel expenses.
    (d) Advance of funds. Advance of funds, including allowance for 
books and educational materials and per diem, or alternatively, the 
allowance to cover subsistence and miscellaneous travel expenses.
    (e) Compensation. Compensation at a rate to be specified in each 
grant.
    (f) Allowances. Appropriate allowance as determined by the Agency.
    (g) Books and educational materials allowance. Where appropriate, an 
allowance for books and educational materials. Such books and materials, 
unless otherwise specified, shall be selected by the grantee and 
purchased and shipped either by the grantee, or the Agency or its agent. 
At the conclusion of the grant, the books and materials shall be 
transferred to and become the property of an appropriate local 
institution or be otherwise disposed of as directed by the Agency.



Sec. 515.8  Grants to United States participants to study.

    A citizen of the United States who has been awarded a grant to study 
may be entitled to any or all of the following benefits when authorized 
by the Agency.
    (a) Transportation. Transportation and miscellaneous expenses in the 
United States and abroad, including baggage charges, and per diem in 
lieu of subsistence while in a travel status. Per diem at the maximum 
rates allowable in accordance with the provisions of the Federal Travel 
Regulations, unless otherwise specified. Travel status shall terminate 
upon arrival at the place of study designated in the grant and shall 
recommence upon departure from the place to return home.
    (b) Orientation and debriefing within the United States. For the 
purpose of orientation and debriefing within the United States travel 
and per diem at the maximum rates allowable in accordance with the 
provisions of the Federal Travel Regulations, unless othewise specified.
    (c) Advance of funds. Advance of funds including per diem.
    (d) Maintenance allowance. A maintenance allowance at a rate to be 
specified in each grant.
    (e) Tuition. Tuition and related fees for approved courses of study.
    (f) Books and educational materials allowance. A reasonable 
allowance for books and educational materials.
    (g) Tutoring assistance. Special tutoring assistance in connection 
with approved courses of study.



Sec. 515.9  General provisions.

    The following provisions shall apply to the foregoing regulations:
    (a) Health and accident insurance. Payment for the costs of health 
and accident insurance for United States and foreign participants while 
such participants are enroute or absent from their homes for purposes of 
participation in the program when authorized by the Agency.
    (b) Transportation of remains. Payments for the actual expenses of 
preparing and transporting to their former homes the remains of persons 
not United States Government employees, who may die away from their 
homes while participating in the program are authorized.
    (c) Maxima not controlling. Payments and allowances may be made at 
the rate or in the amount provided in the regulations in this part 
unless an individual grant or travel order specifies

[[Page 227]]

that less than the maximum will be allowed under any part of the 
regulation in this part. In such case, the grant or travel order will 
control.
    (d) Individual authorization. Where the regulations in this part 
provide for compensation, allowance, or other payment, no payment shall 
be made therefor unless a definite amount or basis of payment is 
authorized in the individual case, or is approved as provided in 
paragraph (f) of this section.
    (e) Computation of per diem and allowance. In computing per diem and 
allowance payable while on a duty assignment, except for travel 
performed under the Federal Travel Regulations, fractional days shall be 
counted as full days, the status at the end of the calendar day 
determining the status for the entire day.
    (f) Subsequent approval. Whenever without prior authority expense 
has been incurred by a participant, or an individual has commenced his 
or her participation in the program as contemplated by the regulations 
in this part, the voucher for payments in connection therewith may be 
approved by an official designated for this purpose, such approval 
constituting the authority for such participation or the incurring of 
such expense.
    (g) Additional authorization. Any emergency, unusual or additional 
payment deemed necessary under the program if allowable under existing 
authority, may be authorized whether or not specifically provided for by 
this part.
    (h) Biweekly payment. Unless otherwise specified in the grant, all 
compensation and allowance for United States participants shall be 
payable biweekly and shall be computed as follows: An annual rate shall 
be derived by multiplying a monthly rate by 12; a biweekly rate shall be 
derived by dividing an annual rate by 26; and a calendar day rate shall 
be derived by dividing an annual rate by 364. If any maximum 
compensation or allowance authorized by these regulations or by the 
terms of any grant is exceeded by this method of computation and 
payment, such excess payment is hereby authorized. This paragraph may 
apply to payments made to participants from funds administrered as 
provided in Sec. 515.2(a) and (b) in the discretion of the department, 
agency, independent establishment, institution, facility, or 
organization concerned.
    (i) Payments. Payments of benefits authorized under any part of the 
regulations in this part may be made either by the United States 
Information Agency or by such department, agency, institution, or 
facility as may be designated by the Agency.
    (j) Duration. The duration of the grant shall be specified in each 
case.
    (k) Cancellation. If a recipient of a grant under this program fails 
to maintain a satisfactory record or demonstrates unsuitability for 
furthering the purposes of the program as stated in Sec. 515.1(a), his 
or her grant shall, in the discretion of the Director of the United 
States Information Agency or such officer as he or she may designate, be 
subject to cancellation.
    (l) Outstanding grant authorization. Grants and other authorizations 
which are outstanding and in effect on the date the present regulations 
become effective, and which do not conform to this part, shall 
nevertheless remain in effect and be governed by the regulations under 
which they were originally issued, unless such grants or other 
authorizations are specifically amended and made subject to the present 
regulations in which case the individual concerned will be notified.



PART 516--PARTICIPATION BY FEDERAL EMPLOYEES IN CULTURAL EXCHANGE PROGRAMS OF FOREIGN COUNTRIES--Table of Contents




Sec.
516.1  Purpose.
516.2  Definitions.
516.3  Submission of application.
516.4  Contents of application.
516.5  Criteria for approval of program.
516.6  Request for further information.
516.7  Approval of application.
516.8  Obligation of employee to advise agency.
516.9  Termination of approval.
516.10  Grant not to constitute a gift.

    Authority: Sec. 108A (Pub. L. 94-350, 90 Stat. 823) added to the 
Mutual Educational and Cultural Exchange Act, as amended, 75 Stat. 527-
28, 22 U.S.C. 2451 et seq.; and under Executive Orders 11034 and 12048, 
as amended, Reorganization Plan No. 2 of 1977 and the

[[Page 228]]

Continuity Order (Continuity of Operations) of April 1, 1978 (43 FR 
15371).

    Source: 44 FR 42247, Sept. 20, 1978, unless otherwise noted.



Sec. 516.1  Purpose.

    This part sets forth the procedures for the application for approval 
of a cultural exchange program of a foreign government, so that Federal 
employees may participate in such program; the grant and termination of 
such approval; and related procedures.



Sec. 516.2  Definitions.

    For the purpose of this part:
    (a) Federal employee means: (1) An employee as defined by section 
2105 of title 5, United States Code; (2) an individual employed by, or 
occupying an office or position in, the government of a territory or 
possession of the United States or the District of Columbia; (3) a 
member of a uniformed service; (4) the President and Vice President; and 
(5) a Member of the Senate or the House of Representatives, a Delegate 
from the District of Columbia in Congress, and the Resident Commissioner 
from Puerto Rico in Congress.
    (b) A foreign government means a foreign government and an official 
agent or representative thereof; a group of governments and an official 
agent or representative thereof; an international organization composed 
of governments, and an official agent or representative thereof.
    (c) A program of the type described in section 102(a)(2)(i) of the 
Act means a cultural exchange program involving ``visits and 
interchanges between the United States and other countries of leaders, 
experts in fields of specialized knowledge or skill, and other 
influential or distinguished persons.''
    (d) The ``purpose stated in section 101 of the Act'' is ``to enable 
the Government of the United States to increase mutual understanding 
between the people of the United States and the people of the other 
countries by means of educational and cultural exchange; to strengthen 
the ties which unite us with other nations by demonstrating the 
educational and cultural interests, developments, and achievements of 
the people of the United States and other nations, and the contributions 
being made toward a peaceful and more fruitful life for people 
throughout the world; to promote international cooperation for 
educational and cultural advancement; and thus to assist in the 
development of friendly, sympathetic, and peaceful relations between the 
United States and the other countries of the world.''
    (e) Director means the Director of the United States Information 
Agency.
    (f) Agency means the United States Information Agency.
    (g) Act means the Mutual Educational Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.).
    (h) Member of the family or household of a Federal employee means a 
relative of the employee by blood, marriage, or adoption or any person 
who is a resident of the household of the employee.

[44 FR 42247, Sept. 20, 1978, as amended at 51 FR 11016, Apr. 1, 1986]



Sec. 516.3  Submission of application.

    A foreign government intending to provide grants or other assistance 
to facilitate the participation of Federal employees in a program of 
cultural exchange shall submit to the Agency an application for approval 
of the program through its embassy, mission, or office at Washington, 
D.C. If there is no embassy, mission, or office at Washington, D.C., of 
the foreign government the application may be submitted by the home 
office or headquarters of the foreign government. The application shall 
be addressed to the director.



Sec. 516.4  Contents of application.

    The foreign government shall provide information in the application 
showing that its program meets the criteria set forth in Sec. 516.5, and 
shall include in such application the following:
    (a) Name and description of the program and the provisions of 
legislation or regulation authorizing the program;
    (b) Number of annual U.S. citizen participants expected, including 
the number of U.S. Federal employees;
    (c) Average duration of stay abroad;
    (d) Agency of the foreign government responsible for the program;
    (e) Name and address of contact in the United States with whom 
communication may be made with respect to the program; in the absence of 
such a

[[Page 229]]

contact in the United States, the name and address of a contact in the 
home office or headquarters of the foreign government.



Sec. 516.5  Criteria for approval of program.

    To obtain approval of its program of cultural exchanges, a foreign 
government is required to show that:
    (a) The cultural exchange program is of the type described in 
section 102(a)(2)(i) of the Act;
    (b) The cultural exchange program is conducted for a purpose 
comparable to the purpose stated in section 101 of the Act; and
    (c) A grant under such program will not provide assistance with 
respect to any expenses incurred by or for any member of the family or 
household of such Federal employee.



Sec. 516.6  Request for further information.

    The Agency may request the foreign government to supply additional 
information.



Sec. 516.7  Approval of application.

    The Director shall review the application and if satisfied that the 
criteria of Sec. 516.5 are met shall inform the foreign government of 
the approval of its program.



Sec. 516.8  Obligation of employee to advise agency.

    Any Federal employee receiving any offer of a grant or other 
assistance under a cultural exchange program approved by the Director 
shall advise the employee's agency of such offer and shall not accept 
such offer unless the employee's agency states that it has no objection 
to such acceptance. In the case of the Agency, an employee shall advise 
the Associate Director for Management who may, after consultation with 
appropriate officials of the Agency, furnish a ``no objection'' 
statement.



Sec. 516.9  Termination of approval.

    If at any time it appears to the Director that the purpose of a 
program which has been approved has been changed so that it no longer 
meets the criteria of Sec. 516.5 or that the program is being misused, 
the Director may terminate such approval, or suspend such approval 
pending the supplying of additional information. However, a termination 
or suspension shall not affect a grant which has been made under a 
previously approved program.



Sec. 516.10  Grant not to constitute a gift.

    A grant made under an approved program shall not constitute a gift 
for purposes of 22 CFR 10.735-203 and section 7342 of title 5, United 
States Code.



PART 517--FOREIGN STUDENTS--Table of Contents




Sec.
517.1  Regulations to be drafted.
517.2  Applications.
517.3  Reference of applications.
517.4  Copies of regulations to United States Information Agency.
517.5  Granting of application.

    Authority: 52 Stat. 1034, as amended; 20 U.S.C. 221, E.O. 7964, 3 FR 
2105; 3 CFR, 1943-1958, Comp.; Reorganization Plan No. 2 of 1977.

    Source: 44 FR 18021, Mar. 26, 1979, unless otherwise noted.



Sec. 517.1  Regulations to be drafted.

    Subject to the provisions and requirements of this part, appropriate 
administrative regulations shall be drafted by each executive department 
or agency of the Government which maintains and administers educational 
institutions and schools coming within the scope of the legislation. 
Such regulations shall carefully observe the limitations imposed by the 
Act of June 24, 1938, and shall in each case include:
    (a) A list of the institutions and courses in the department or 
agency concerned in which instruction is available under the terms of 
the legislation.
    (b) A statement of the maximum number of students of the other 
American republics who may be accommodated in each such institution or 
course at any one time.
    (c) A statement of the qualifications to be required of students of 
the other American republics for admission, including examinations, if 
any, to be passed.
    (d) Provisions to safeguard information that may be vital to the 
national

[[Page 230]]

defense or other interests of the United States.



Sec. 517.2  Applications.

    Applications for citizens of the other American republics to receive 
the instruction contemplated by the Act of June 24, 1938, shall be made 
formally through diplomatic channels to the Director of the United 
States Information Agency by the foreign governments concerned.



Sec. 517.3  Reference of applications.

    The Director of the United States Information Agency shall refer the 
applications to the proper department or agency of the Government for 
advice as to what reply should be made to the application.



Sec. 517.4  Copies of regulations to United States Information Agency.

    In order to enable the Director of the United States Information 
Agency to reply to inquiries received from the governments of the other 
American republics, the United States Information Agency shall be 
promptly supplied with copies of the regulations drafted by the other 
departments and agencies of the Government and of subsequent amendments 
thereto.



Sec. 517.5  Granting of application.

    Upon receipt of a reply from another department or agency of the 
Government, as contemplated by Sec. 517.3, in which it is recommended 
that an application be granted, the Director of the United States 
Information Agency shall notify the government of the American republic 
concerned, through diplomatic channels, that permission to receive the 
instruction requested in the application is granted, provided the 
applicant complies with the terms of this part and with the terms of the 
administrative regulations of the department or agency concerned.



PART 518--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table of Contents




                           Subpart A--General

Sec.
518.1  Purpose.
518.2  Definitions.
518.3  Effect on other issuances.
518.4  Deviations.
518.5  Subawards.

                    Subpart B--Pre-Award Requirements

518.10  Purpose.
518.11  Pre-award policies.
518.12  Forms for applying for Federal assistance.
518.13  Debarment and suspension.
518.14  Special award conditions.
518.15  Metric system of measurement.
518.16  Resource Conservation and Recovery Act.
518.17  Certifications and representations.

                   Subpart C--Post-Award Requirements

                    Financial and Program Management

518.20  Purpose of financial and program management.
518.21  Standards for financial management systems.
518.22  Payment.
518.23  Cost sharing or matching.
518.24  Program income.
518.25  Revision of budget and program plans.
518.26  Non-Federal audits.
518.27  Allowable costs.
518.28  Period of availability of funds.

                           Property Standards

518.30  Purpose of property standards.
518.31  Insurance coverage.
518.32  Real property.
518.33  Federally-owned and exempt property.
518.34  Equipment.
518.35  Supplies and other expendable property.
518.36  Intangible property.
518.37  Property trust relationship.

                          Procurement Standards

518.40  Purpose of procurement standards.

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518.41  Recipient responsibilities.
518.42  Codes of conduct.
518.43  Competition.
518.44 Procurement procedures.
518.45 Cost and price analysis.
518.46 Procurement records.
518.47 Contract administration.
518.48 Contract provisions.

                           Reports and Records

518.50 Purpose of reports and records.
518.51 Monitoring and reporting program performance.
518.52 Financial reporting.
518.53 Retention and access requirements for records.

                       Termination and Enforcement

518.60 Purpose of termination and enforcement.
518.61 Termination.
518.62 Enforcement.

                 Subpart D--After-the-Award Requirements

518.70 Purpose.
518.71 Closeout procedures.
518.72 Subsequent adjustments and continuing responsibilities.
518.73 Collection of amounts due.

               Appendix A to Part 518--Contract Provisions

    Authority: 22 U.S.C. 2658; 31 U.S.C. 503 and 1111; Reorganization 
Plan No. 2 of 1977, 42 FR 62461, 3 CFR, 1977 Comp. p. 200; E.O. 12048, 
43 FR 13361, 3 CFR, 1978 Comp. p. 168.

    Source: 59 FR 39440, Aug. 3, 1994, unless otherwise noted.



                           Subpart A--General



Sec. 518.1  Purpose.

    This part establishes uniform administrative requirements for 
Federal grants and agreements awarded to institutions of higher 
education, hospitals, and other non-profit organizations. Federal 
awarding agencies shall not impose additional or inconsistent 
requirements, except as provided in Secs. 518.4 and 518.14 or unless 
specifically required by Federal statute or executive order. Non-profit 
organizations that implement Federal programs for the States are also 
subject to State requirements.



Sec. 518.2  Definitions.

    (a) Accrued expenditures means the charges incurred by the recipient 
during a given period requiring the provision of funds for:
    (1) Goods and other tangible property received;
    (2) Services performed by employees, contractors, subrecipients, and 
other payees; and,
    (3) Other amounts becoming owed under programs for which no current 
services or performance is required.
    (b) Accrued income means the sum of:
    (1) Earnings during a given period from:
    (i) Services performed by the recipient, and
    (ii) Goods and other tangible property delivered to purchasers; and
    (2) Amounts becoming owed to the recipient for which no current 
services or performance is required by the recipient.
    (c) Acquisition cost of equipment means the net invoice price of the 
equipment, including the cost of modifications, attachments, 
accessories, or auxiliary apparatus necessary to make the property 
usable for the purpose for which it was acquired. Other charges, such as 
the cost of installation, transportation, taxes, duty or protective in-
transit insurance, shall be included or excluded from the unit 
acquisition cost in accordance with the recipient's regular accounting 
practices.
    (d) Advance means a payment made by Treasury check or other 
appropriate payment mechanism to a recipient upon its request either 
before outlays are made by the recipient or through the use of 
predetermined payment schedules.
    (e) Award means financial assistance that provides support or 
stimulation to accomplish a public purpose. Awards include grants and 
other agreements in the form of money or property in lieu of money, by 
the Federal Government to an eligible recipient. The term does not 
include: technical assistance, which provides services instead of money; 
other assistance in the form of loans, loan guarantees, interest 
subsidies, or insurance; direct payments of any kind to individuals; 
and, contracts which are required to be entered into and administered 
under procurement laws and regulations.
    (f) Cash contributions means the recipient's cash outlay, including 
the

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outlay of money contributed to the recipient by third parties.
    (g) Closeout means the process by which a Federal awarding agency 
determines that all applicable administrative actions and all required 
work of the award have been completed by the recipient and Federal 
awarding agency.
    (h) Contract means a procurement contract under an award or 
subaward, and a procurement subcontract under a recipient's or 
subrecipient's contract.
    (i) Cost sharing or matching means that portion of project or 
program costs not borne by the Federal Government.
    (j) Date of completion means the date on which all work under an 
award is completed or the date on the award document, or any supplement 
or amendment thereto, on which Federal sponsorship ends.
    (k) Disallowed costs means those charges to an award that the 
Federal awarding agency determines to be unallowable, in accordance with 
the applicable Federal cost principles or other terms and conditions 
contained in the award.
    (l) Equipment means tangible nonexpendable personal property 
including exempt property charged directly to the award having a useful 
life or more than one year and an acquisition cost of $5,000 or more per 
unit. However, consistent with recipient policy, lower limits may be 
established.
    (m) Excess property means property under the control of any Federal 
awarding agency that, as determined by the head thereof, is no longer 
required for its needs or the discharge of its responsibilities.
    (n) Exempt property means tangible personal property acquired in 
whole or in part with Federal funds, where the Federal awarding agency 
has statutory authority to vest title in the recipient without further 
obligation to the Federal Government. An example of exempt property 
authority is contained in the Federal Grant and Cooperative Agreement 
Act (31 U.S.C. 6306), for property acquired under an award to conduct 
basic or applied research by a non-profit institution or higher 
education or non-profit organization whose principal purpose is 
conducting scientific research.
    (o) Federal awarding agency means the Federal agency that provides 
an award to the recipient.
    (p) Federal funds authorized means the total amount of Federal funds 
obligated by the Federal Government for use by the recipient. This 
amount may include any authorized carryover of unobligated funds from 
prior funding periods when permitted by agency regulations or agency 
implementing instructions.
    (q) Federal share of real property, equipment, or supplies means 
that percentage of the property's acquisition costs and any improvement 
expenditures paid with Federal funds.
    (r) Funding period means the period of time when Federal funding is 
available for obligation by the recipient.
    (s) Intangible property and debt instruments means, but is not 
limited to, trademarks, copyrights, patents and patent applications and 
such property as loans, notes and other debt instruments, lease 
agreements, stock and other instruments of property ownership, whether 
considered tangible or intangible.
    (t) Obligations means the amounts of orders placed, contracts and 
grants awarded, services received and similar transactions during a 
given period that require payment by the recipient during the same or a 
future period.
    (u) Outlays or expenditures means charges made to the project or 
program. They may be reported on a cash or accrual basis. For reports 
prepared on a cash basis, outlays are the sum of cash disbursements for 
direct charges for goods and services, the amount of indirect expense 
charged, the value of third party in-kind contributions applied and the 
amount of cash advances and payments made to subrecipients. For reports 
prepared on an accrual basis, outlays are the sum of cash disbursements 
for direct charges for goods and services, the amount of indirect 
expense incurred, the value of in-kind contributions applied, and the 
net increase (or decrease) in the amounts owed by the recipient for 
goods and other property received, for services performed by employees, 
contractors, subrecipients and other payees and other amounts becoming 
owed under

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programs for which no current services or performance are required.
    (v) Personal property means property of any kind except real 
property. It may be tangible, having physical existence, or intangible, 
having no physical existence, such as copyrights, patents, or 
securities.
    (w) Prior approval means written approval by an authorized official 
evidencing prior consent.
    (x) Program income means gross income earned by the recipient that 
is directly generated by a supported activity or earned as a result of 
the award (see exclusions in Secs. 518.24 (e) and (h)). Program income 
includes, but is not limited to, income from fees for services 
performed, the use or rental of real or personal property acquired under 
federally-funded projects, the sale of commodities or items fabricated 
under an award, license fees and royalties on patents and copyrights, 
and interest on loans made with award funds. Interest earned on advances 
of Federal funds is not program income. Except as otherwise provided in 
Federal awarding agency regulations or the terms and conditions of the 
award, program income does not include the receipt of principal on 
loans, rebates, credits, discounts, etc., or interest earned on any of 
them.
    (y) Project costs means all allowable costs, as set forth in the 
applicable Federal cost principles, incurred by a recipient and the 
value of the contributions made by third parties in accomplishing the 
objectives of the award during the project period.
    (z) Project period means the period established in the award 
document during which Federal sponsorship begins and ends.
    (aa) Property means, unless otherwise stated, real property, 
equipment, intangible property and debt instruments.
    (bb) Real property means land, including land improvements, 
structures and appurtenances thereto, but excludes movable machinery and 
equipment.
    (cc) Recipient means an organization receiving financial assistance 
directly from Federal awarding agencies to carry out a project or 
program. The term includes public and private institutions of higher 
education, public and private hospitals, and other quasi-public and 
private non-profit organizations such as, but not limited to, community 
action agencies, research institutes, educational associations, and 
health centers. The term may include commercial organizations, foreign 
or international organizations (such as agencies of the United Nations) 
which are recipients, subrecipients, or contractors or subcontractors of 
recipients or subrecipients at the discretion of the Federal awarding 
agency. The term does not include government-owned contractor-operated 
facilities or research centers providing continued support for mission-
oriented, large-scale programs that are government-owned or controlled, 
or are designated as federally-funded research and development centers.
    (dd) Research and development means all research activities, both 
basic and applied, and all development activities that are supported at 
universities, colleges, and other non-profit institutions. ``Research'' 
is defined as a systematic study directed toward fuller scientific 
knowledge or understanding of the subject studied. ``Development'' is 
the systematic use of knowledge and understanding gained from research 
directed toward the production of useful materials, devices, systems, or 
methods, including design and development of prototypes and processes. 
The term research also includes activities involving the training of 
individuals in research techniques where such activities utilize the 
same facilities as other research and development activities and where 
such activities are not included in the instruction function.
    (ee) Small awards means a grant or cooperative agreement not 
exceeding the small purchase threshold fixed at 41 U.S.C. 403(11) 
(currently $25,000).
    (ff) Subaward means an award of financial assistance in the form of 
money, or property in lieu of money, made under an award by a recipient 
to an eligible subrecipient or by a subrecipient to a lower tier 
subrecipient. The term includes financial assistance when provided by 
any legal agreement, even if the agreement is called a contract, but 
does not include procurement of goods and services nor does it include 
any form of assistance which is

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excluded from the definition of ``award'' in paragraph (e) of this 
section.
    (gg) Subrecipient means the legal entity to which a subaward is made 
and which is accountable to the recipient for the use of the funds 
provided. The term may include foreign or international organizations 
(such as agencies of the United Nations) at the discretion of the 
Federal awarding agency.
    (hh) Supplies means all personal property excluding equipment, 
intangible property, and debt instruments as defined in this section, 
and inventions of a contractor conceived or first actually reduced to 
practice in the performance of work under a funding agreement (``subject 
inventions''), as defined in 37 CFR part 401, ``Rights to Inventions 
Made by Nonprofit Organizations and Small Business Firms Under 
Government Grants, Contracts, and Cooperative Agreements.''
    (ii) Suspension means an action by a Federal awarding agency that 
temporarily withdraws Federal sponsorship under an award, pending 
corrective action by the recipient or pending a decision to terminate 
the award by the Federal awarding agency. Suspension of an award is a 
separate action from suspension under Federal agency regulations 
implementing E.O.'s 12549 and 12689, ``Debarment and Suspension.''
    (jj) Termination means the cancellation of Federal sponsorship, in 
whole or in part, under an agreement at any time prior to the date of 
completion.
    (kk) Third party in-kind contributions means the value of non-cash 
contributions provided by non-Federal third parties. Third party in-kind 
contributions may be in the form of real property, equipment, supplies 
and other expendable property, and the value of goods and services 
directly benefiting and specifically identifiable to the project or 
program.
    (ll) Unliquidated obligations, for financial reports prepared on a 
cash basis, means the amount of obligations incurred by the recipient 
that have not been paid. For reports prepared on an accrued expenditure 
basis, they represent the amount of obligations incurred by the 
recipient for which an outlay has not been recorded.
    (mm) Unobligated balance means the portion of the funds authorized 
by the Federal awarding agency that has not been obligated by the 
recipient and is determined by deducting the cumulative obligations from 
the cumulative funds authorized.
    (nn) Unrecovered indirect cost means the difference between the 
amount awarded and the amount which could have been awarded under the 
recipient's approved negotiated indirect cost rate.
    (oo) Working capital advance means a procedure whereby funds are 
advanced to the recipient to cover its estimated disbursement needs for 
a given initial period.



Sec. 518.3  Effect on other issuances.

    For awards subject to this part, all administrative requirements of 
codified program regulations, program manuals, handbooks and other non-
regulatory materials which are inconsistent with the requirements of 
this part shall be superseded, except to the extent they are required by 
statute, or authorized in accordance with the deviations provision in 
Sec. 518.4.



Sec. 518.4  Deviations.

    The Office of Management and Budget (OMB) may grant exceptions for 
classes of grants or recipients subject to the requirements of this part 
when exceptions are not prohibited by statute. However, in the interest 
of maximum uniformity, exceptions from the requirements of this part 
shall be permitted only in unusual circumstances. Federal awarding 
agencies may apply more restrictive requirements to a class of 
recipients when approved by OMB. Federal awarding agencies may apply 
less restrictive requirements when awarding small awards, except for 
those requirements which are statutory. Exceptions on a case-by-case 
basis may also be made by Federal awarding agencies.



Sec. 518.5  Subawards.

    Unless sections of this part specifically exclude subrecipients from 
coverage, the provisions of this part shall be applied to subrecipients 
performing

[[Page 235]]

work under awards if such subrecipients are institutions of higher 
education, hospitals or other non-profit organizations. State and local 
government subrecipients are subject to the provisions of regulations 
implementing the grants management common rule, ``Uniform Administrative 
Requirements for Grants and Cooperative Agreements to State and Local 
Governments,'' published at 53 FR 9034 (3/11/88).



                    Subpart B--Pre-Award Requirements



Sec. 518.10  Purpose.

    Sections 518.11 through 518.17 prescribes forms and instructions and 
other pre-award matters to be used in applying for Federal awards.



Sec. 518.11  Pre-award policies.

    (a) Use of Grants and Cooperative Agreements, and Contracts. In each 
instance, the Federal awarding agency shall decide on the appropriate 
award instrument (i.e., grant, cooperative agreement, or contract). The 
Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301-08) governs 
the use of grants, cooperative agreements and contracts. A grant or 
cooperative agreement shall be used only when the principal purpose of a 
transaction is to accomplish a public purpose of support or stimulation 
authorized by Federal statute. The statutory criterion for choosing 
between grants and cooperative agreements is that for the latter, 
``substantial involvement is expected between the executive agency and 
the State, local government, or other recipient when carrying out the 
activity contemplated in the agreement.'' Contracts shall be used when 
the principal purpose is acquisition of property or services for the 
direct benefit or use of the Federal Government.
    (b) Public Notice and Priority Setting. Federal awarding agencies 
shall notify the public of its intended funding priorities for 
discretionary grant programs, unless funding priorities are established 
by Federal statute.



Sec. 518.12  Forms for applying for Federal assistance.

    (a) Federal awarding agencies shall comply with the applicable 
report clearance requirements of 5 CFR part 1320, ``Controlling 
Paperwork Burdens on the Public,'' with regard to all forms used by the 
Federal awarding agency in place of or as a supplement to the Standard 
Form 424 (SF-424) series.
    (b) Applicants shall use the SF-424 series or those forms and 
instructions prescribed by the Federal awarding agency.
    (c) For Federal programs covered by E.O. 12372, ``Intergovernmental 
Review of Federal Programs,'' the applicant shall complete the 
appropriate sections of the SF-424 (Application for Federal Assistance) 
indicating whether the application was subject to review by the State 
Single Point of Contact (SPOC). The name and address of the SPOC for a 
particular State can be obtained from the Federal awarding agency or the 
Catalog of Federal Domestic Assistance. The SPOC shall advise the 
applicant whether the program for which application is made has been 
selected by that State for review.
    (d) Federal awarding agencies that do not use the SF-424 form should 
indicate whether the application is subject to review by the State under 
E.O. 12372.



Sec. 518.13  Debarment and suspension.

    Federal awarding agencies and recipients shall comply with the 
nonprocurement debarment and suspension rule, implementing E.O.'s 12549 
and 12689, ``Debarment and Suspension.'' This rule restricts subawards 
and contracts with certain parties that are debarred, suspended or 
otherwise excluded from or ineligible for participation in Federal 
assistance programs or activities.



Sec. 518.14  Special award conditions.

    (a) Federal awarding agencies may impose additional requirements as 
needed, if an applicant or recipient:
    (1) Has a history of poor performance,
    (2) Is not financially stable,
    (3) Has a management system that does not meet the standards 
prescribed in this part,

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    (4) Has not conformed to the terms and conditions of a previous 
award, or
    (5) Is not otherwise responsible.
    (b) Additional requirements may only be imposed provided that such 
applicant or recipient is notified in writing as to:
    (1) The nature of the additional requirements,
    (2) The reason why the additional requirements are being imposed,
    (3) The nature of the corrective action needed,
    (4) The time allowed for completing the corrective actions, and
    (5) The method for requesting reconsideration of the additional 
requirements imposed.



Sec. 518.15  Metric system of measurement.

    The Metric Conversion Act, as amended by the Omnibus Trade and 
Competitiveness Act (15 U.S.C. 205), declares that the metric system is 
the preferred measurement system for U.S. trade and commerce. The Act 
requires each Federal agency to establish a date or dates in 
consultation with the Secretary of Commerce, when the metric system of 
measurement will be used in the agency's procurements, grants, and other 
business-related activities. Metric implementation may take longer where 
the use of the system is initially impractical or likely to cause 
significant inefficiencies in the accomplishment of federally-funded 
activities. Federal awarding agencies shall follow the provisions of 
E.O. 12770, ``Metric Usage in Federal Government Programs.''



Sec. 518.16  Resource Conservation and Recovery Act.

    Under the Act, any State agency or agency of a political subdivision 
of a State which is using appropriated Federal funds must comply with 
section 6002. Section 6002 requires that preference be given in 
procurement programs to the purchase of specific products containing 
recycled materials identified in guidelines developed by the 
Environmental Protection Agency (EPA) (40 CFR Parts 247-254). 
Accordingly, State and local institutions of higher education, 
hospitals, and non-profit organizations that receive direct Federal 
awards or other Federal funds shall give preference in their procurement 
programs funded with Federal funds to the purchase of recycled products 
pursuant to the EPA guidelines.



Sec. 518.17  Certification and representations.

    Unless prohibited by statute or codified regulation, each Federal 
awarding agency is authorized and encouraged to allow recipients to 
submit certifications and representations required by statute, executive 
order, or regulation on an annual basis, if the recipients have ongoing 
and continuing relationships with the agency. Annual certifications and 
representations shall be signed by responsible officials with the 
authority to ensure recipients' compliance with the pertinent 
requirements.



                   Subpart C--Post-Award Requirements

                    Financial and Program Management



Sec. 518.20  Purpose of financial and program management.

    Sections 518.21 through 518.28 prescribe standards for financial 
management systems, methods for making payments and rules for: 
satisfying cost sharing and matching requirements, accounting for 
program income, budget revision approvals, making audits, determining 
allowability of cost, and establishing fund availability.



Sec. 518.21  Standards for financial management systems.

    (a) Federal awarding agencies shall require recipients to relate 
financial data to performance data and develop unit cost information 
whenever practical.
    (b) Recipients' financial management systems shall provide for the 
following.
    (1) Accurate, current and complete disclosure of the financial 
results of each federally-sponsored project or program in accordance 
with the reporting requirements set forth in Sec. 19.52. If a Federal 
awarding agency requires reporting on an accrual basis from a recipient 
that maintains its records on other than an accrual basis, the recipient 
shall not be required to establish an accrual accounting system. These

[[Page 237]]

recipients may develop such accrual data for its reports on the basis of 
an analysis of the documentation on hand.
    (2) Records that identify adequately the source and application of 
funds for federally-sponsored activities. These records shall contain 
information pertaining to Federal awards, authorizations, obligations, 
unobligated balances, assets, outlays, income and interest.
    (3) Effective control over and accountability for all funds, 
property and other assets. Recipients shall adequately safeguard all 
such assets and assure they are used solely for authorized purposes.
    (4) Comparison of outlays with budget amounts for each award. 
Whenever appropriate, financial information should be related to 
performance and unit cost data.
    (5) Written procedures to minimize the time elapsing between the 
transfer of funds to the recipient from the U.S. Treasury and the 
issuance or redemption of checks, warrants or payments by other means 
for program purposes by the recipient. To the extent that the provisions 
of the Cash Management Improvement Act (CMIA) (Pub. L. 101-453) govern, 
payment methods of State agencies, instrumentalities, and fiscal agents 
shall be consistent with CMIA Treasury-State Agreements or the CMIA 
default procedures codified at 31 CFR part 205, ``Withdrawal of Cash 
from the Treasury for Advances under Federal Grant and Other Programs.''
    (6) Written procedures for determining the reasonableness, 
allocability and allowability of costs in accordance with the provisions 
of the applicable Federal cost principles and the terms and conditions 
of the award.
    (7) Accounting records including cost accounting records that are 
supported by source documentation.
    (c) Where the Federal Government guarantees or insures the repayment 
of money borrowed by the recipient, the Federal awarding agency, at its 
discretion, may require adequate bonding and insurance if the bonding 
and insurance requirements of the recipient are not deemed adequate to 
protect the interest of the Federal Government.
    (d) The Federal awarding agency may require adequate fidelity bond 
coverage where the recipient lacks sufficient coverage to protect the 
Federal Government's interest.
    (e) Where bonds are required in the situations described above, the 
bonds shall be obtained from companies holding certificates of authority 
as acceptable sureties, as prescribed in 31 CFR part 223, ``Surety 
Companies Doing Business with the United States.''



Sec. 518.22  Payment.

    (a) Payment methods shall minimize the time elapsing between the 
transfer of funds from the United States Treasury and the issuance or 
redemption of checks, warrants, or payment by other means by the 
recipients. Payment methods of State agencies or instrumentalities shall 
be consistent with Treasury-State CMIA agreements or default procedures 
codified at 31 CFR part 205.
    (b)(1) Recipients are to be paid in advance, provided they maintain 
or demonstrate the willingness to maintain:
    (i) Written procedures that minimize the time elapsing between the 
transfer of funds and disbursement by the recipient, and
    (ii) Financial management systems that meet the standards for fund 
control and accountability as established in section Sec. 518.21.
    (2) Cash advances to a recipient organization shall be limited to 
the minimum amounts needed and be timed to be in accordance with the 
actual, immediate cash requirements of the recipient organization in 
carrying out the purpose of the approved program or project. The timing 
and amount of cash advances shall be as close as is administratively 
feasible to the actual disbursements by the recipient organization for 
direct program or project costs and the proportionate share of any 
allowable indirect costs.
    (c) Whenever possible, advances shall be consolidated to cover 
anticipated cash needs for all awards made by the Federal awarding 
agency to the recipient.
    (1) Advance payment mechanisms include, but are not limited to, 
Treasury check and electronic funds transfer.
    (2) Advance payment mechanisms are subject to 31 CFR part 205.

[[Page 238]]

    (3) Recipients shall be authorized to submit requests for advances 
and reimbursements at least monthly when electronic fund transfers are 
not used.
    (d) Requests for Treasury check advance payment shall be submitted 
on SF-270, ``Request for Advance or Reimbursement,'' or other forms as 
may be authorized by OMB. This form is not to be used when Treasury 
check advance payments are made to the recipient automatically through 
the use of a predetermined payment schedule or if precluded by special 
Federal awarding agency instructions for electronic funds transfer.
    (e) Reimbursement is the preferred method when the requirements in 
paragraph (b) cannot be met. Federal awarding agencies may also use this 
method on any construction agreement, or if the major portion of the 
construction project is accomplished through private market financing or 
Federal loans, and the Federal assistance constitutes a minor portion of 
the project.
    (1) When the reimbursement method is used, the Federal awarding 
agency shall make payment within 30 days after receipt of the billing, 
unless the billing is improper.
    (2) Recipients shall be authorized to submit request for 
reimbursement at least monthly when electronic funds are not used.
    (f) If a recipient cannot meet the criteria for advance payments and 
the Federal awarding agency has determined that reimbursement is not 
feasible because the recipient lacks sufficient working capital, the 
Federal awarding agency may provide cash on a working capital advance 
basis. Under this procedure, the Federal awarding agency shall advance 
cash to the recipient to cover its estimated disbursement needs for an 
initial period generally geared to the awardee's disbursing cycle. 
Thereafter, the Federal awarding agency shall reimburse the recipient 
for its actual cash disbursements. The working capital advance method of 
payment shall not be used for recipients unwilling or unable to provide 
timely advances to their subrecipient to meet the subrecipient's actual 
cash disbursements.
    (g) To the extent available, recipients shall disburse funds 
available from repayments to and interest earned on a revolving fund, 
program income, rebates, refunds, contract settlements, audit recoveries 
and interest earned on such funds before requesting additional cash 
payments.
    (h) Unless otherwise required by statute, Federal awarding agencies 
shall not withhold payments for proper charges made by recipients at any 
time during the project period unless the conditions in paragraphs 
(h)(1) or (2) of this section apply.
    (1) A recipient has failed to comply with the project objectives, 
the terms and conditions of the award, or Federal reporting 
requirements.
    (2) The recipient or subrecipient is delinquent in a debt to the 
United States as defined in OMB Circular A-129, ``Managing Federal 
Credit Programs.'' Under such conditions, the Federal awarding agency 
may, upon reasonable notice, inform the recipient that payments shall 
not be made for obligations incurred after a specified date until the 
conditions are corrected or the indebtedness to the Federal Government 
is liquidated.
    (i) Standards governing the use of banks and other institutions as 
depositories of funds advanced under awards are as follows:
    (1) Except for situations described in paragraph (i)(2) of this 
section, Federal awarding agencies shall not require separate depository 
accounts for funds provided to a recipient or establish any eligibility 
requirements for depositories for funds provided to a recipient. 
However, recipients must be able to account for the receipt, obligation 
and expenditure of funds.
    (2) Advances of Federal funds shall be deposited and maintained in 
insured accounts whenever possible.
    (j) Consistent with the national goal of expanding the opportunities 
for women-owned and minority-owned business enterprises, recipients 
shall be encouraged to use women-owned and minority-owned banks (a bank 
which is owned at least 50 percent by women or minority group members).
    (k) Recipients shall maintain advances of Federal funds in interest 
bearing accounts, unless the conditions

[[Page 239]]

in paragraphs (k)(1), (2) or (3) of this section apply.
    (1) The recipient receives less than $120,000 in Federal awards per 
year.
    (2) The best reasonably available interest bearing account would not 
be expected to earn interest in excess of $250 per year on Federal cash 
balances.
    (3) The depository would require an average or minimum balance so 
high that it would not be feasible within the expected Federal and non-
Federal cash resources.
    (l) For those entities where CMIA and its implementing regulations 
do not apply, interest earned on Federal advances deposited in interest 
bearing accounts shall be remitted annually to Department of Health and 
Human Services, Payment Management System, P.O. Box 6021, Rockville, MD 
20852. Interest amounts up to $250 per year may be retained by the 
recipient for administrative expense. In keeping with Electric Funds 
Transfer rules, (31 CFR part 206), interest should be remitted to the 
HHS Payment Management System through an electric medium such as the 
FEDWIRE Deposit system. Recipients which do not have this capability 
should use a check. State universities and hospitals shall comply with 
CMIA, as it pertains to interest. If an entity subject to CMIA uses its 
own funds to pay pre-award costs for discretionary awards without prior 
written approval from the Federal awarding agency, it waives its right 
to recover the interest under CMIA.
    (m) Except as noted elsewhere in this part, only the following forms 
shall be authorized for the recipients in requesting advances and 
reimbursements. Federal agencies shall not require more than an original 
and two copies of these forms.
    (1) SF-270, Request for Advance or Reimbursement. Each Federal 
awarding agency shall adopt the SF-270 as a standard form for all 
nonconstruction programs when electronic funds transfer or predetermined 
advance methods are not used. Federal awarding agencies, however, have 
the option of using this form for construction programs in lieu of the 
SF-271, ``Outlay Report and Request for Reimbursement for Construction 
Programs.''
    (2) SF-271, Outlay Report and Request for Reimbursement for 
Construction Programs. Each Federal awarding agency shall adopt the SF-
271 as the standard form to be used for requesting reimbursement for 
construction programs. However, a Federal awarding agency may substitute 
the SF-270 when the Federal awarding agency determines that it provides 
adequate information to meet Federal needs.



Sec. 518.23  Cost sharing or matching.

    (a) All contributions, including cash and third party in-kind, shall 
be accepted as part of the recipient's cost sharing or matching when 
such contributions meet all of the following criteria.
    (1) Are verifiable from the recipient's records.
    (2) Are not included as contributions for any other federally-
assisted project or program.
    (3) Are necessary and reasonable for proper and efficient 
accomplishment of project or program objectives.
    (4) Are allowable under the applicable cost principles.
    (5) Are not paid by the Federal Government under another award, 
except where authorized by Federal statute to be used for cost sharing 
or matching.
    (6) Are provided for in the approved budget when required by the 
Federal awarding agency.
    (7) Conform to other provisions of this part, as applicable.
    (b) Unrecovered indirect costs may be included as part of cost 
sharing or matching only with the prior approval of the Federal awarding 
agency.
    (c) Values for recipient contributions of services and property 
shall be established in accordance with the applicable cost principles. 
If a Federal awarding agency authorizes recipients to donate buildings 
or land for construction/facilities acquisition projects or long-term 
use, the value of the donated property for cost sharing or matching 
shall be the lesser of paragraph (c) (1) or (2) of this section.
    (1) The certified value of the remaining life of the property 
recorded in the recipient's accounting records at the time of donation.

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    (2) The current fair market value. However, when there is sufficient 
justification, the Federal awarding agency may approve the use of the 
current fair market value of the donated property, even if it exceeds 
the certified value at the time of donation to the project.
    (d) Volunteer services furnished by professional and technical 
personnel, consultants, and other skilled and unskilled labor may be 
counted as cost sharing or matching if the service is an integral and 
necessary part of an approved project or program. Rates for volunteer 
services shall be consistent with those paid for similar work in the 
recipient's organization. In those instances in which the required 
skills are not found in the recipient organization, rates shall be 
consistent with those paid for similar work in the labor market in which 
the recipient competes for the kind of services involved. In either 
case, paid fringe benefits that are reasonable, allowable, and allocable 
may be included in the valuation.
    (e) When an employer other than the recipient furnishes the services 
of an employee, these services shall be valued at the employee's regular 
rate of pay (plus an amount of fringe benefits that are reasonable, 
allowable, and allocable, but exclusive of overhead costs), provided 
these services are in the same skill for which the employee is normally 
paid.
    (f) Donated supplies may include such items as expendable equipment, 
office supplies, laboratory supplies or workshop and classroom supplies. 
Value assessed to donated supplies included in the cost sharing or 
matching share shall be reasonable and shall not exceed the fair market 
value of the property at the time of the donation.
    (g) The method used for determining cost sharing or matching for 
donated equipment, buildings and land for which title passes to the 
recipient may differ according to the purpose of the award, if the 
conditions in paragraphs (g)(1) or (2) of this section apply.
    (1) If the purpose of the award is to assist the recipient in the 
acquisition of equipment, buildings or land, the total value of the 
donated property may be claimed as cost sharing or matching.
    (2) If the purpose of the award is to support activities that 
require the use of equipment, buildings or land, normally only 
depreciation or use charges for equipment and buildings may be made. 
However, the full value of equipment or other capital assets and fair 
rental charges for land may be allowed, provided that the Federal 
awarding agency has approved the charges.
    (h) The value of donated property shall be determined in accordance 
with the usual accounting policies of the recipient, with the following 
qualifications.
    (1) The value of donated land and buildings shall not exceed its 
fair market value at the time of donation to the recipient as 
established by an independent appraiser (e.g., certified real property 
appraiser or General Services Administration representative) and 
certified by a responsible official of the recipient.
    (2) The value of donated equipment shall not exceed the fair market 
value of equipment of the same age and condition at the time of 
donation.
    (3) The value of donated space shall not exceed the fair rental 
value of comparable space as established by an independent appraisal of 
comparable space and facilities in a privately-owned building in the 
same locality.
    (4) The value of loaned equipment shall not exceed its fair rental 
value.
    (5) The following requirements pertain to the recipient's supporting 
records for in-kind contributions from third parties.
    (i) Volunteer services shall be documented and, to the extent 
feasible, supported by the same methods used by the recipient for its 
own employees.
    (ii) The basis for determining the valuation for personal service, 
material, equipment, buildings and land shall be documented.



Sec. 518.24  Program income.

    (a) Federal awarding agencies shall apply the standards set forth in 
this section in requiring recipient organizations to account for program 
income related to projects financed in whole or in part with Federal 
funds.
    (b) Except as provided in paragraph (h) of this section, program 
income earned during the project period shall

[[Page 241]]

be retained by the recipient and, in accordance with Federal awarding 
agency regulations or the terms and conditions of the award, shall be 
used in one or more of the ways listed in the following.
    (1) Added to funds committed to the project by the Federal awarding 
agency and recipient and used to further eligible project or program 
objectives.
    (2) Used to finance the non-Federal share of the project or program.
    (3) Deducted from the total project or program allowable cost in 
determining the net allowable costs on which the Federal share of costs 
is based.
    (c) When an agency authorizes the disposition of program income as 
described in paragraphs (b)(1) or (b)(2) of this section, program income 
in excess of any limits stipulated shall be used in accordance with 
paragraph (b)(3) of this section.
    (d) In the event that the Federal awarding agency does not specify 
in its regulations or the terms and conditions of the award how program 
income is to be used, paragraph (b)(3) of this section shall apply 
automatically to all projects or programs except research. For awards 
that support research, paragraph (b)(1) of this section shall apply 
automatically unless the awarding agency indicates in the terms and 
conditions another alternative on the award or the recipient is subject 
to special award conditions, as indicated in Sec. 518.14.
    (e) Unless Federal awarding agency regulations or the terms and 
conditions of the award provide otherwise, recipients shall have no 
obligation to the Federal Government regarding program income earned 
after the end of the project period.
    (f) If authorized by Federal awarding agency regulations or the 
terms and conditions of the award, costs incident to the generation of 
program income may be deducted from gross income to determine program 
income, provided these costs have not been charged to the award.
    (g) Proceeds from the sale of property shall be handled in 
accordance with the requirements of the Property Standards (See 
Secs. 518.30 through 518.37).
    (h) Unless Federal awarding agency regulations or the terms and 
condition of the award provide otherwise, recipients shall have no 
obligation to the Federal Government with respect to program income 
earned from license fees and royalties for copyrighted material, 
patents, patent applications, trademarks, and inventions produced under 
an award. However, Patent and Trademark Amendments (35 U.S.C. 18) apply 
to inventions made under an experimental, developmental, or research 
award.



Sec. 518.25  Revision of budget and program plans.

    (a) The budget plan is the financial expression of the project or 
program as approved during the award process. It may include either the 
Federal and non-Federal share, or only the Federal share, depending upon 
Federal awarding agency requirements. It shall be related to performance 
for program evaluation purposes whenever appropriate.
    (b) Recipients are required to report deviations from budget and 
program plans, and request prior approvals for budget and program plan 
revisions, in accordance with this section.
    (c) For nonconstruction awards, recipients shall request prior 
approvals from Federal awarding agencies for one or more of the 
following program or budget related reasons.
    (1) Change in the scope or the objective of the project or program 
(even if there is no associated budget revision requiring prior written 
approval).
    (2) Change in a key person specified in the application or award 
document.
    (3) The absence for more than three months, or a 25 percent 
reduction in time devoted to the project, by the approved project 
director or principal investigator.
    (4) The need for additional Federal funding.
    (5) The transfer of amounts budgeted for indirect costs to absorb 
increases in direct costs, or vice versa, if approval is required by the 
Federal awarding agency.
    (6) The inclusion, unless waived by the Federal awarding agency, of 
costs that require prior approval in accordance with OMB Circular A-21, 
``Cost Principles for Institutions of Higher Education,'' OMB Circular 
A-122, ``Cost

[[Page 242]]

Principles for Non-Profit Organizations,'' or 45 CFR part 74 Appendix E, 
``Principles for Determining Costs Applicable to Research and 
Development under Grants and Contracts with Hospitals,'' or 48 CFR part 
31, ``Contract Cost Principles and Procedures,'' as applicable.
    (7) The transfer of funds allotted for training allowances (direct 
payment to trainees) to other categories of expense.
    (8) Unless described in the application and funded in the approved 
awards, the subaward, transfer or contracting out of any work under an 
award. This provision does not apply to the purchase of supplies, 
material, equipment or general support services.
    (d) No other prior approval requirements for specific items may be 
imposed unless a deviation has been approved by OMB.
    (e) Except for requirements listed in paragraphs (c)(1) and (c)(4) 
of this section, Federal awarding agencies are authorized, at their 
option, to waive cost-related and administrative prior written approvals 
required by this part and OMB Circulars A-21 and A-122. Such waivers may 
include authorizing recipients to do any one or more of the following:
    (1) Incur pre-award costs 90 calendar days prior to award or more 
than 90 calendar days with the prior approval of the Federal awarding 
agency. All pre-award costs are incurred at the recipient's risk (i.e., 
the Federal awarding agency is under no obligation to reimburse such 
costs if for any reason the recipient does not receive an award or if 
the award is less than anticipated and inadequate to cover such costs).
    (2) Initiate a one-time extension of the expiration date of the 
award of up to 12 months unless one or more of the following conditions 
apply. For one-time extensions, the recipient must notify the Federal 
awarding agency in writing with the supporting reasons and revised 
expiration date at least 10 days before the expiration date specified in 
the award. This one-time extension may not be exercised merely for the 
purpose of using unobligated balances.
    (i) The terms and conditions of award prohibit the extension.
    (ii) The extension requires additional Federal funds.
    (iii) The extension involves any change in the approved objectives 
or scope of the project.
    (3) Carry forward unobligated balances to subsequent funding 
periods.
    (4) For awards that support research, unless the Federal awarding 
agency provides otherwise in the award or in the agency's regulations, 
the prior approval requirements described in paragraph (e) of this 
section are automatically waived (i.e., recipients need not obtain such 
prior approvals) unless one of the conditions included in paragraph 
(e)(2) of this section applies.
    (f) The Federal awarding agency may, at its option, restrict the 
transfer of funds among direct cost categories or programs, functions 
and activities for awards in which the Federal share of the project 
exceeds $100,000 and the cumulative amount of such transfers exceeds or 
is expected to exceed 10 percent of the total budget as last approved by 
the Federal awarding agency. No Federal awarding agency shall permit a 
transfer that would cause any Federal appropriation or part thereof to 
be used for purposes other than those consistent with the original 
intent of the appropriation.
    (g) All other changes to nonconstruction budgets, except for the 
changes described in paragraph (j) of this section, do not require prior 
approval.
    (h) For construction awards, recipients shall request prior written 
approval promptly from Federal awarding agencies for budget revisions 
whether the conditions in paragraphs (h) (1), (2) or (3) of this section 
apply.
    (1) The revision results from changes in the scope or the objective 
of the project or program.
    (2) The need arises for additional Federal funds to complete the 
project.
    (3) A revision is desired which involves specific costs for which 
prior written approval requirements may be imposed consistent with 
applicable OMB cost principles listed in Sec. 518.27
    (i) No other prior approval requirements for specific items may be 
imposed unless a deviation has been approved by OMB.
    (j) When a Federal awarding agency makes an award that provides 
support

[[Page 243]]

for both construction and nonconstruction work, the Federal awarding 
agency may require the recipient to request prior approval from the 
Federal awarding agency before making any fund or budget transfers 
between the two types of work supported.
    (k) For both construction and nonconstruction awards, Federal 
awarding agencies shall require recipients to notify the Federal 
awarding agency in writing promptly whenever the amount of Federal 
authorized funds is expected to exceed the needs of the recipient for 
the project period by more than $5000 or five percent of the Federal 
award, whichever is greater. This notification shall not be required if 
an application for additional funding is submitted for a continuation 
award.
    (l) When requesting approval for budget revisions, recipients shall 
use the budget forms that were used in the application unless the 
Federal awarding agency indicates a letter of request suffices.
    (m) Within 30 calendar days from the date of receipt of the request 
for budget revisions, Federal awarding agencies shall review the request 
and notify the recipient whether the budget revisions have been 
approved. If the revision is still under consideration at the end of 30 
calendar days, the Federal awarding agency shall inform the recipient in 
writing of the date when the recipient may expect the decision.



Sec. 518.26  Non-Federal audits.

    (a) Recipients and subrecipients that are institutions of higher 
education or other non-profit organizations shall be subject to the 
audit requirements contained in OMB Circular A-133, ``Audits of 
Institutions of Higher Education and Other Non-Profit Institutions.''
    (b) State and local governments shall be subject to the audit 
requirements contained in the Single Audit Act (31 U.S.C. 7501-7) which 
implements OMB Circular A-128, ``Audits of State and Local 
Governments.''
    (c) Hospitals not covered by the audit provisions of OMB Circular A-
133 shall be subject to the audit requirements of the Federal awarding 
agencies.
    (d) Commercial organizations shall be subject to the audit 
requirements of the Federal awarding agency or the prime recipients as 
incorporated into the award document.



Sec. 518.27  Allowable costs.

    For each kind of recipient, there is a set of Federal principles for 
determining allowable costs. Allowability of costs shall be determined 
in accordance with the cost principles applicable to the entity 
incurring the costs. Thus, allowability of costs incurred by State, 
local or federally-recognized Indian tribal governments is determined in 
accordance with the provisions of OMB Circular A-87, ``Cost Principles 
for State and Local Governments.'' The allowability of costs incurred by 
non-profit organizations is determined in accordance with the provisions 
of OMB Circular A-122, ``Cost Principles for Non-Profit Organizations.'' 
The allowability of costs incurred by institutions of higher education 
is determined in accordance with the provisions of OMB Circular A-21, 
``Cost Principles for Educational Institutions.'' The allowability of 
costs incurred by hospitals is determined in accordance with the 
provisions of Appendix E of 45 CFR part 74, ``Principles for Determining 
Costs Applicable to Research and Development Under Grants and Contracts 
with Hospitals.'' The allowability of costs incurred by commercial 
organizations and those non-profit organizations listed in Attachment C 
to Circular A-122 is determined in accordance with the provisions of the 
Federal Acquisition Regulation (FAR) at 48 CFR part 31.



Sec. 518.28  Period of availability of funds.

    Where a funding period is specified, a recipient may charge to the 
grant only allowable costs resulting from obligations incurred during 
the funding period and any pre-award costs authorized by the Federal 
awarding agency.

                           Property Standards



Sec. 518.30  Purpose of property standards.

    (a) Sections 518.31 through 518.37 set forth uniform standards 
governing management and disposition of property furnished by the 
Federal Government whose cost was charged to a project supported by a 
Federal award.

[[Page 244]]

Federal awarding agencies shall require recipients to observe these 
standards under awards and shall not impose additional requirements, 
unless specifically required by Federal statute. The recipient may use 
its own property management standards and procedures provided it 
observes the provisions of Secs. 518.31 through 518.37.



Sec. 518.31  Insurance coverage.

    Recipients shall, at a minimum, provide the equivalent insurance 
coverage for real property and equipment acquired with Federal funds as 
provided to property owned by the recipient. Federally-owned property 
need not be insured unless required by the terms and conditions of the 
award.



Sec. 518.32  Real property.

    Each Federal awarding agency shall prescribe requirements for 
recipients concerning the use and disposition of real property acquired 
in whole or in part under awards. Unless otherwise provided by statute, 
such requirements, at a minimum, shall contain the following.
    (a) Title to real property shall vest in the recipient subject to 
the condition that the recipient shall use the real property for the 
authorized purpose of the project as long as it is needed and shall not 
encumber the property without approval of the Federal awarding agency.
    (b) The recipient shall obtain written approval by the Federal 
awarding agency for the use of real property in other federally-
sponsored projects when the recipient determines that the property is no 
longer needed for the purpose of the original project. Use in other 
projects shall be limited to those under federally-sponsored projects 
(i.e., awards) or programs that have purposes consistent with those 
authorized for support by the Federal awarding agencies.
    (c) When the real property is no longer needed as provided in 
paragraphs (a) and (b) of this section, the recipient shall request 
disposition instructions from the Federal awarding agency or its 
successor Federal awarding agency. The Federal awarding agency shall 
observe one or more of the following disposition instructions.
    (1) The recipient may be permitted to retain title without further 
obligation to the Federal Government after it compensates the Federal 
Government for that percentage of the current fair market value of the 
property attributable to the Federal participation in the project.
    (2) The recipient may be directed to sell the property under 
guidelines provided by the Federal awarding agency and pay the Federal 
Government for that percentage of the current fair market value of the 
property attributable to the Federal participation in the project (after 
deducting actual and reasonable selling and fix-up expenses, if any, 
from the sales proceeds). When the recipient is authorized or required 
to sell the property, proper sales procedures shall be established that 
provide for competition to the extent practicable and result in the 
highest possible return.
    (3) The recipient may be directed to transfer title to the property 
to the Federal Government or to an eligible third party provided that, 
in such cases, the recipient shall be entitled to compensation for its 
attributable percentage of the current fair market value of the 
property.



Sec. 518.33  Federally-owned and exempt property.

    (a) Federally-owned property. (1) Title to federally-owned property 
remains vested in the Federal Government. Recipients shall submit 
annually an inventory listing of federally-owned property in their 
custody to the Federal awarding agency. Upon completion of the award or 
when the property is no longer needed, the recipient shall report the 
property to the Federal awarding agency for further Federal agency 
utilization.
    (2) If the Federal awarding agency has no further need for the 
property, it shall be declared excess and reported to the General 
Services Administration, unless the Federal awarding agency has 
statutory authority to dispose of the property by alternative methods 
(e.g., the authority provided by the Federal Technology Transfer Act (15 
U.S.C. 3710(I)) to donate research equipment to educational and non-
profit organizations in accordance with E.O.

[[Page 245]]

12821, ``Improving Mathematics and Science Education in Support of the 
National Education Goals.'') Appropriate instructions shall be issued to 
the recipient by the Federal awarding agency.
    (b) Exempt property. When statutory authority exists, the Federal 
awarding agency has the option to vest title to property acquired with 
Federal funds in the recipient without further obligation to the Federal 
Government and under conditions the Federal awarding agency considers 
appropriate. Such property is ``exempt property.'' Should a Federal 
awarding agency not establish conditions, title to exempt property upon 
acquisition shall vest in the recipient without further obligation to 
the Federal Government.



Sec. 518.34  Equipment.

    (a) Title to equipment acquired by a recipient with Federal funds 
shall vest in the recipient, subject to conditions of this section.
    (b) The recipient shall not use equipment acquired with Federal 
funds to provide services to non-Federal outside organizations for a fee 
that is less than private companies charge for equivalent services, 
unless specifically authorized by Federal statute, for as long as the 
Federal Government retains an interest in the equipment.
    (c) The recipient shall use the equipment in the project or program 
for which it was acquired as long as needed, whether or not the project 
or program continues to be supported by Federal funds and shall not 
encumber the property without approval of the Federal awarding agency. 
When no longer needed for the original project or program, the recipient 
shall use the equipment in connection with its other federally-sponsored 
activities, in the following order or priority:
    (1) Activities sponsored by the Federal awarding agency which funded 
the original project, then
    (2) Activities sponsored by other Federal awarding agencies.
    (d) During the time that equipment is used on the project or program 
for which it was acquired, the recipient shall make it available for use 
on other projects or programs if such other use will not interfere with 
the work on the project or program for which the equipment was 
originally acquired. First preference for such other use shall be given 
to other projects or programs sponsored by the Federal awarding agency 
that financed the equipment; second preference shall be given to 
projects or programs sponsored by other Federal awarding agencies. If 
the equipment is owned by the Federal Government, use on other 
activities not sponsored by the Federal Government shall be permissible 
if authorized by the Federal awarding agency. User charges shall be 
treated as program income.
    (e) When acquiring replacement equipment, the recipient may use the 
equipment to be replaced as trade-in or sell the equipment and use the 
proceeds to offset the costs of the replacement equipment subject to the 
approval of the Federal awarding agency.
    (f) The recipient's property management standards for equipment 
acquired with Federal funds and federally-owned equipment shall include 
all of the following.
    (1) Equipment records shall be maintained accurately and shall 
include the following information.
    (i) A description of the equipment.
    (ii) Manufacturer's serial number, model number, Federal stock 
number, national stock number, or other identification number.
    (iii) Source of the equipment, including the award number.
    (iv) Whether title vests in the recipient or the Federal Government.
    (v) Acquisition date (or date received, if the equipment was 
furnished by the Federal Government) and cost.
    (vi) Information from which one can calculate the percentage of 
Federal participation in the cost of the equipment (not applicable to 
equipment furnished by the Federal Government).
    (vii) Location and condition of the equipment and the date the 
information was reported.
    (viii) Unit acquisition cost.
    (ix) Ultimate disposition data, including date of disposal and sales 
price or the method used to determine current fair market value where a 
recipient compensates the Federal awarding agency for its share.

[[Page 246]]

    (2) Equipment owned by the Federal Government shall be identified to 
indicate Federal ownership.
    (3) A physical inventory of equipment shall be taken and the results 
reconciled with the equipment records at least once every two years. Any 
differences between quantities determined by the physical inspection and 
those shown in the accounting records shall be investigated to determine 
the causes of the difference. The recipient shall, in connection with 
the inventory, verify the existence, current utilization, and continued 
need for the equipment.
    (4) A control system shall be in effect to insure adequate 
safeguards to prevent loss, damage, or theft of the equipment. Any loss, 
damage, or theft of equipment shall be investigated and fully 
documented; if the equipment was owned by the Federal Government, the 
recipient shall promptly notify the Federal awarding agency.
    (5) Adequate maintenance procedures shall be implemented to keep the 
equipment in good condition.
    (6) Where the recipient is authorized or required to sell the 
equipment, proper sales procedures shall be established which provide 
for competition to the extent practicable and result in the highest 
possible return.
    (g) When the recipient no longer needs the equipment, the equipment 
may be used for other activities in accordance with the following 
standards. For equipment with a current per unit fair market value of 
$5,000 or more, the recipient may retain the equipment for other uses 
provided that compensation is made to the original Federal awarding 
agency or its successor. The amount of compensation shall be computed by 
applying the percentage of Federal participation in the cost of the 
original project or program to the current fair market value of the 
equipment. If the recipient has no need for the equipment, the recipient 
shall request disposition instructions from the Federal awarding agency. 
The Federal awarding agency shall determine whether the equipment can be 
used to meet the agency's requirements. If no requirement exists within 
that agency, the availability of the equipment shall be reported to the 
General Services Administration by the Federal awarding agency to 
determine whether a requirement for the equipment exists in other 
Federal agencies. The Federal awarding agency shall issue instructions 
to the recipient no later than 120 calendar days after the recipient's 
request and the following procedures shall govern.
    (1) If so instructed or if disposition instructions are not issued 
within 120 calendar days after the recipient's request, the recipient 
shall sell the equipment and reimburse the Federal awarding agency an 
amount computed by applying to the sales proceeds the percentage of 
Federal participation in the cost of the original project or program. 
However, the recipient shall be permitted to deduct and retain from the 
Federal share $500 or ten percent of the proceeds, whichever is less, 
for the recipient's selling and handling expenses.
    (2) If the recipient is instructed to ship the equipment elsewhere, 
the recipient shall be reimbursed by the Federal Government by an amount 
which is computed by applying the percentage of the recipient's 
participation in the cost of the original project or program to the 
current fair market value of the equipment, plus any reasonable shipping 
or interim storage costs incurred.
    (3) If the recipient is instructed to otherwise dispose of the 
equipment, the recipient shall be reimbursed by the Federal awarding 
agency for such costs incurred in its disposition.
    (4) The Federal awarding agency may reserve the right to transfer 
the title to the Federal Government or to a third party named by the 
Federal Government when such third party is otherwise eligible under 
existing statutes. Such transfer shall be subject to the following 
standards.
    (i) The equipment shall be appropriately identified in the award or 
otherwise made known to the recipient in writing.
    (ii) The Federal awarding agency shall issue disposition 
instructions within 120 calendar days after receipt of a final 
inventory. The final inventory shall list all equipment acquired with 
grant funds and federally-owned equipment. If the Federal awarding

[[Page 247]]

agency fails to issue disposition instructions within the 120 calendar 
day period, the recipient shall apply the standards of this section, as 
appropriate.
    (iii) When the Federal awarding agency exercises its right to take 
title, the equipment shall be subject to the provisions for federally-
owned equipment.



Sec. 518.35  Supplies and other expendable property.

    (a) Title to supplies and other expendable property shall vest in 
the recipient upon acquisition. If there is a residual inventory of 
unused supplies exceeding $5000 in total aggregate value upon 
termination or completion of the project or program and the supplies are 
not needed for any other federally-sponsored project or program, the 
recipient shall retain the supplies for use on non-Federal sponsored 
activities or sell them, but shall, in either cases, compensate the 
Federal Government for its share. The amount of compensation shall be 
computed in the same manner as for equipment.
    (b) The recipient shall not use supplies acquired with Federal funds 
to provide services to non-Federal outside organizations for a fee that 
is less than private companies charge for equivalent services, unless 
specifically authorized by Federal statute as long as the Federal 
Government retains an interest in the supplies.



Sec. 518.36  Intangible property.

    (a) The recipient may copyright any work that is subject to 
copyright and was developed, or for which ownership was purchased, under 
an award. The Federal awarding agency(ies) reserve a royalty-free, 
nonexclusive and irrevocable right to reproduce, publish, or otherwise 
use the work for Federal purposes, and to authorize others to do so.
    (b) Recipients are subject to applicable regulations governing 
patents and inventions, including government-wide regulations issued by 
the Department of Commerce at 37 CFR part 401, ``Rights to Inventions 
Made by Nonprofit Organizations and Small Business Firms Under 
Government Grants, Contracts and Cooperative Agreements.''
    (c) Unless waived by the Federal awarding agency, the Federal 
Government has the right to the following:
    (1) Obtain, reproduce, publish or otherwise use the data first 
produced under an award.
    (2) Authorize others to receive, reproduce, publish, or otherwise 
use such data for Federal purposes.
    (d) Title to intangible property and debt instruments acquired under 
an award or subaward vests upon acquisition in the recipient. The 
recipient shall use that property for the originally-authorized purpose, 
and the recipient shall not encumber the property without approval of 
the Federal awarding agency. When no longer needed for the originally 
authorized purpose, disposition of the intangible property shall occur 
in accordance with the provisions of paragraph Sec. 19.34(g).



Sec. 518.37  Property trust relationship.

    Real property, equipment, intangible property and debt instruments 
that are acquired or improved with Federal funds shall be held in trust 
by the recipient as trustee for the beneficiaries of the project or 
program under which the property was acquired or improved. Agencies may 
require recipients to record liens or other appropriate notices of 
record to indicate that personal or real property has been acquired or 
improved with Federal funds and that use and disposition conditions 
apply to the property.

                          Procurement Standards



Sec. 518.40  Purpose of procurement standards.

    Sections 518.41 through 518.48 set forth standards for use by 
recipients in establishing procedures for the procurement of supplies 
and other expendable property, equipment, real property and other 
services with Federal funds. These standards are furnished to ensure 
that such materials and services are obtained in an effective manner and 
in compliance with the provisions of applicable Federal statutes and 
executive orders. No additional procurement standards or requirements 
shall be imposed by the Federal awarding

[[Page 248]]

agencies upon recipients, unless specifically required by Federal 
statute or executive order or approved by OMB.



Sec. 518.41  Recipient responsibilities.

    The standards contained in this section do not relieve the recipient 
of the contractual responsibilities arising under its contract(s). The 
recipient is the responsible authority, without recourse to the Federal 
awarding agency, regarding the settlement and satisfaction of all 
contractual and administrative issues arising out of procurements 
entered into in support of an award or other agreement. This includes 
disputes, claims, protests of award, source evaluation or other matters 
of a contractual nature. Matters concerning violation of statute are to 
be referred to such Federal, State or local authority as may have proper 
jurisdiction.



Sec. 518.42  Codes of conduct.

    The recipient shall maintain written standards of conduct governing 
the performance of its employees engaged in the award and administration 
of contracts. No employee, officer, or agent shall participate in the 
selection, award, or administration of a contract supported by Federal 
funds if a real or apparent conflict of interest would be involved. Such 
a conflict would arise when the employee, officer, or agent, any member 
of his or her immediate family, his or her partner, or an organization 
which employs or is about to employ any of the parties indicated herein, 
has a financial or other interest in the firm selected for an award. The 
officers, employees, and agents of the recipient shall neither solicit 
nor accept gratuities, favors, or anything of monetary value from 
contractors, or parties to subagreements. However, recipients may set 
standards for situations in which the financial interest is not 
substantial or the gift is an unsolicited item of nominal value. The 
standards of conduct shall provide for disciplinary actions to be 
applied for violations of such standards by officers, employees, or 
agents of the recipient.



Sec. 518.43  Competition.

    All procurement transactions shall be conducted in a manner to 
provide, to the maximum extent practical, open and free competition. The 
recipient shall be alert to organizational conflicts of interest as well 
as noncompetitive practices among contractors that may restrict or 
eliminate competition or otherwise restrain trade. In order to ensure 
objective contractor performance and eliminate unfair competitive 
advantage, contractors that develop or draft specifications, 
requirements, statements of work, invitations for bids and/or requests 
for proposals shall be excluded from competing for such procurements. 
Awards shall be made to the bidder or offeror whose bid or offer is 
responsive to the solicitation and is most advantageous to the 
recipient, price, quality and other factors considered. Solicitations 
shall clearly set forth all requirements that the bidder or offeror 
shall fulfill in order for the bid or offer to be evaluated by the 
recipient. Any and all bids or offers may be rejected when it is in the 
recipient's interest to do so.



Sec. 518.44  Procurement procedures.

    (a) All recipients shall establish written procurement procedures. 
These procedures shall provide for, at a minimum, that the conditions in 
paragraphs (a)(1), (2) and (3) of this section apply.
    (1) Recipients avoid purchasing unnecessary items.
    (2) Where appropriate, an analysis is made of lease and purchase 
alternatives to determine which would be the most economical and 
practical procurement for the Federal Government.
    (3) Solicitations for goods and services provide for all of the 
following:
    (i) A clear and accurate description of the technical requirements 
for the material, product or service to be procured. In competitive 
procurements, such a description shall not contain features which unduly 
restrict competition.
    (ii) Requirements which the bidder/offeror must fulfill and all 
other factors to be used in evaluating bids or proposals.
    (iii) A description, whenever practicable, of technical requirements 
in terms or functions to be performed or performance required, including 
the

[[Page 249]]

range of acceptable characteristics or minimum acceptable standards.
    (iv) The specific features of ``brand name or equal'' descriptions 
that bidders are required to meet when such items are included in the 
solicitation.
    (v) The acceptance, to the extent practicable and economically 
feasible, of products and services dimensioned in the metric system of 
measurement.
    (vi) Preference, to the extent practicable and economically 
feasible, for products and services that conserve natural resources and 
protect the environment and are energy efficient.
    (b) Positive efforts shall be made by recipient to utilize small 
businesses, minority-owned firms, and women's business enterprises, 
whenever possible. Recipients of Federal awards shall take all of the 
following steps to further this goal.
    (1) Ensure that small businesses, minority-owned firms, and women's 
business enterprises are used to the fullest extent practicable.
    (2) Make information on forthcoming opportunities available and 
arrange timeframes for purchases and contracts to encourage and 
facilitate participation by small businesses, minority-owned firms, and 
women's business enterprises.
    (3) Consider in the contract process whether firms competing for 
larger contracts intend to subcontract with small businesses, minority-
owned firms, and women's business enterprises.
    (4) Encourage contracting with consortiums of small businesses, 
minority-owned firms and women's business enterprises when a contract is 
too large for one of these firms to handle individually.
    (5) Use of services and assistance, as appropriate, of such 
organizations as the Small Business Administration and the Department of 
Commerce's Minority Business Development Agency in the solicitation and 
utilization of small businesses, minority-owned firms, and women's 
business enterprises.
    (c) The type of procuring instruments used (e.g., fixed price 
contracts, cost reimbursable contracts, purchase orders, and incentive 
contracts) shall be determined by the recipient but shall be appropriate 
for the particular procurement and for promoting the best interest of 
the program or project involved. The ``cost-plus-a-percentage-of-cost'' 
or ``percentage of construction cost'' methods of contracting shall not 
be used.
    (d) Contracts shall be made only with responsible contractors who 
possess the potential ability to perform successfully under the terms 
and conditions of the proposed procurement. Consideration shall be given 
to such matters as contractor integrity, record of past performance, 
financial and technical resources or accessibility to other necessary 
resources. In certain circumstances, contracts with certain parties are 
restricted by the implementation of E.O.'s 12549 and 12689, ``Debarment 
and Suspension.''
    (e) Recipients shall, on request, make available for the Federal 
awarding agency, pre-award review and procurement documents, such as 
request for proposals or invitations for bids, independent cost 
estimates, etc., when any of the following conditions apply.
    (1) A recipient's procurement procedures or operation fails to 
comply with the procurement standards in this part.
    (2) The procurement is expected to exceed the small purchase 
threshold fixed at 41 U.S.C. 403 (11) (currently $25,000) and is to be 
awarded without competition or only one bid or offer is received in 
response to a solicitation.
    (3) The procurement, which is expected to exceed the small purchase 
threshold, specifies a ``brand name'' product.
    (4) The proposed award over the small purchase threshold is to be 
awarded to other than the apparent low bidder under a sealed bid 
procurement.
    (5) A proposed contract modification changes the scope of a contract 
or increases the contract amount by more than the amount of the small 
purchase threshold.



Sec. 518.45  Cost and price analysis.

    Some form of cost or price analysis shall be made and documented in 
the procurement files in connection with every procurement action. Price 
analysis may be accomplished in various ways, including the comparison 
of

[[Page 250]]

price quotations submitted, market prices and similar indicia, together 
with discounts. Cost analysis is the review and evaluation of each 
element of cost to determine reasonableness, allocability and 
allowability.



Sec. 518.46  Procurement records.

    Procurement records and files for purchases in excess of the small 
purchase threshold shall include the following at a minimum:
    (a) Basis for contractor selection,
    (b) Justification for lack of competition when competitive bids or 
offers are not obtained, and
    (c) Basis for award cost or price.



Sec. 518.47  Contract administration.

    A system for contract administration shall be maintained to ensure 
contractor conformance with the terms, conditions and specifications of 
the contract and to ensure adequate and timely follow up of all 
purchases. Recipients shall evaluate contractor performance and 
document, as appropriate, whether contractors have met the terms, 
conditions, and specifications of the contract.



Sec. 518.48  Contract provisions.

    The recipient shall include, in addition to provisions to define a 
sound and complete agreement, the following provisions in all contracts. 
The following provisions shall also be applied to subcontracts.
    (a) Contracts in excess of the small purchase threshold shall 
contain contractual provisions or conditions that allow for 
administrative, contractual, or legal remedies in instances in which a 
contractor violates or breaches the contract terms, and provide for such 
remedial actions as may be appropriate.
    (b) All contracts in excess of the small purchase threshold shall 
contain suitable provisions for termination by the recipient, including 
the manner by which termination shall be effected and the basis for 
settlement. In addition, such contracts shall describe conditions under 
which the contract may be terminated for default as well as conditions 
where the contract may be terminated because of circumstances beyond the 
control of the contractor.
    (c) Except as otherwise required by statute, an award that requires 
the contracting (or subcontracting) for construction or facility 
improvements shall provide for the recipient to follow its own 
requirements relating to bid guarantees, performance bonds, and payment 
bonds unless the construction contract or subcontract exceeds $100,000. 
For those contracts or subcontracts exceeding $100,000, the Federal 
awarding agency may accept the bonding policy and requirements of the 
recipient, provided the Federal awarding agency has made a determination 
that the Federal Government's interest is adequately protected. If such 
a determination has not been made, the minimum requirements shall be as 
follows.
    (1) A bid guarantee from each bidder equivalent to five percent of 
the bid price. The ``bid guarantee'' shall consist of a firm commitment 
such as a bid bond, certified check, or other negotiable instrument 
accompanying a bid as assurance that the bidder shall, upon acceptance 
of his bid, execute such contractual documents as may be required within 
the time specified.
    (2) A performance bond on the part of the contractor for 100 percent 
of the contract price. A ``performance bond'' is one executed in 
connection with a contract to secure fulfillment of all the contractor's 
obligations under such contract.
    (3) A payment bond on the part of the contractor for 100 percent of 
the contract price. A ``payment bond'' is one executed in connection 
with a contract to assure payment as required by statute of all persons 
supplying labor and material in the execution of the work provided for 
in the contract.
    (4) Where bonds are required in the situations described herein, the 
bonds shall be obtained from companies holding certificates of authority 
as acceptable sureties pursuant to 31 CFR part 223, ``Surety Companies 
Doing Business with the United States.''
    (d) All negotiated contracts (except those for less than the small 
purchase threshold) awarded by recipients shall include a provision to 
the effect that the recipient, the Federal awarding agency, the 
Comptroller General of the

[[Page 251]]

United States, or any of their duly authorized representatives, shall 
have access to any books, documents, papers and records of the 
contractor which are directly pertinent to a specific program for the 
purpose of making audits, examinations, excerpts and transcriptions.
    (e) All contracts, including small purchases, awarded by recipients 
and their contractors shall contain the procurement provisions of 
Appendix A to this part, as applicable.

                           Reports and Records



Sec. 518.50  Purpose of reports and records.

    Sections 518.51 through 518.53 set forth the procedures for 
monitoring and reporting on the recipient's financial and program 
performance and the necessary standard reporting forms. They also set 
forth record retention requirements.



Sec. 518.51  Monitoring and reporting program performance.

    (a) Recipients are responsible for managing and monitoring each 
project, program, subaward, function or activity supported by the award. 
Recipients shall monitor subawards to ensure subrecipients have met the 
audit requirements as delineated in Sec. 518.26.
    (b) The Federal awarding agency shall prescribe the frequency with 
which the performance reports shall be submitted. Except as provided in 
Sec. 518.51(f), performance reports shall not be required more 
frequently than quarterly or, less frequently than annually. Annual 
reports shall be due 90 calendar days after the grant year; quarterly or 
semi-annual reports shall be due 30 days after the reporting period. The 
Federal awarding agency may require annual reports before the 
anniversary dates of multiple year awards in lieu of these requirements. 
The final performance reports are due 90 calendar days after the 
expiration or termination of the award.
    (c) If inappropriate, a final technical or performance report shall 
not be required after completion of the project.
    (d) When required, performance reports shall generally contain, for 
each award, brief information on each of the following.
    (1) A comparison of actual accomplishments with the goals and 
objectives established for the period, the findings of the investigator, 
or both. Whenever appropriate and the output of programs or projects can 
be readily quantified, such quantitative data should be related to cost 
data for computation of unit costs.
    (2) Reasons why established goals were not met, if appropriate.
    (3) Other pertinent information including, when appropriate, 
analysis and explanation of cost overruns or high unit costs.
    (e) Recipients shall not be required to submit more than the 
original and two copies of performance reports.
    (f) Recipients shall immediately notify the Federal awarding agency 
of developments that have a significant impact on the award-supported 
activities. Also, notification shall be given in the case of problems, 
delays, or adverse conditions which materially impair the ability to 
meet the objectives of the award. This notification shall include a 
statement of the action taken or contemplated, and any assistance needed 
to resolve the situation.
    (g) Federal awarding agencies may make site visits, as needed.
    (h) Federal awarding agencies shall comply with clearance 
requirements of 5 CFR part 1320 when requesting performance data from 
recipients.



Sec. 518.52  Financial reporting.

    (a) The following forms or such other forms as may be approved by 
OMB are authorized for obtaining financial information from recipients.
    (1) SF-269 or SF-269A, Financial Status Report.
    (i) Each Federal awarding agency shall require recipients to use the 
SF-269 or SF-269A to report the status of funds for all nonconstruction 
projects or programs. A Federal awarding agency may, however, have the 
option of not requiring the SF-269 or SF-269A when the SF-270, Request 
for Advance or Reimbursement, or SF-272, Report of Federal Cash 
Transactions, is determined to provide adequate information to meet its 
needs, except that a final SF-269 or SF-269A shall be required at

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the completion of the project when the SF-270 is used only for advances.
    (ii) The Federal awarding agency shall prescribe whether the report 
shall be on a cash or accrual basis. If the Federal awarding agency 
requires accrual information and the recipient's accounting records are 
not normally kept on the accrual basis, the recipient shall not be 
required to convert its accounting system, but shall develop such 
accrual information through best estimates based on an analysis of the 
documentation on hand.
    (iii) The Federal awarding agency shall determine the frequency of 
the Financial Status Report for each project or program, considering the 
size and complexity of the particular project or program. However, the 
report shall not be required more frequently than quarterly or less 
frequently than annually. A final report shall be required at the 
completion of the agreement.
    (iv) The Federal awarding agency shall require recipients to submit 
the SF-269 or SF-269A (an original and no more than two copies) no later 
than 30 days after the end of each specified reporting period for 
quarterly and semi-annual reports, and 90 calendar days for annual and 
final reports. Extensions of reporting due dates may be approved by the 
Federal awarding agency upon request of the recipient.
    (2) SF-272, Report of Federal Cash Transactions.
    (i) When funds are advanced to recipients the Federal awarding 
agency shall require each recipient to submit the SF-272 and, when 
necessary, its continuation sheet, SF-272a. The Federal awarding agency 
shall use this report to monitor cash advanced to recipients and to 
obtain disbursement information for each agreement with the recipients.
    (ii) Federal awarding agencies may require forecasts of Federal cash 
requirements in the ``Remarks'' section of the report.
    (iii) When practical and deemed necessary, Federal awarding agencies 
may require recipients to report in the ``Remarks'' section the amount 
of cash advances received in excess of three days. Recipients shall 
provide short narrative explanations of actions taken to reduce the 
excess balances.
    (iv) Recipients shall be required to submit not more than the 
original and two copies of the SF-272 15 calendar days following the end 
of each quarter. The Federal awarding agencies may require a monthly 
report from those recipients receiving advances totaling $1 million or 
more per year.
    (v) Federal awarding agencies may waive the requirement for 
submission of the SF-272 for any one of the following reasons:
    (A) When monthly advances do not exceed $25,000 per recipient, 
provided that such advances are monitored through other forms contained 
in this section;
    (B) If, in the Federal awarding agency's opinion, the recipient's 
accounting controls are adequate to minimize excessive Federal advances; 
or,
    (C) When the electronic payment mechanisms provide adequate data.
    (b) When the Federal awarding agency needs additional information or 
more frequent reports, the following shall be observed.
    (1) When additional information is needed to comply with legislative 
requirements, Federal awarding agencies shall issue instructions to 
require recipients to submit such information under the ``Remarks'' 
section of the reports.
    (2) When a Federal awarding agency determines that a recipient's 
accounting system does not meet the standards in Sec. 518.21, additional 
pertinent information to further monitor awards may be obtained upon 
written notice to the recipient until such time as the system is brought 
up to standard. The Federal awarding agency, in obtaining this 
information, shall comply with report clearance requirements of 5 CFR 
part 1320.
    (3) Federal awarding agencies are encouraged to shade out any line 
item on any report if not necessary.
    (4) Federal awarding agencies may accept the identical information 
from the recipients in machine readable format or computer printouts or 
electronic outputs in lieu of prescribed formats.
    (5) Federal awarding agencies may provide computer or electronic 
outputs

[[Page 253]]

to recipients when such expedites or contributes to the accuracy of 
reporting.



Sec. 518.53  Retention and access requirements for records.

    (a) This section sets forth requirements for record retention and 
access to records for awards to recipients. Federal awarding agencies 
shall not impose any other record retention or access requirements upon 
recipients.
    (b) Financial records, supporting documents, statistical records, 
and all other records pertinent to an award shall be retained for a 
period of three years from the date of submission of the final 
expenditure report or, for awards that are renewed quarterly or 
annually, from the date of the submission of the quarterly or annual 
financial report, as authorized by the Federal awarding agency. The only 
exceptions are the following.
    (1) If any litigation, claim, or audit is started before the 
expiration of the 3-year period, the records shall be retained until all 
litigation, claims or audit findings involving the records have been 
resolved and final action taken.
    (2) Records for real property and equipment acquired with Federal 
funds shall be retained for 3 years after final disposition.
    (3) When records are transferred to or maintained by the Federal 
awarding agency, the 3-year retention requirement is not applicable to 
the recipient.
    (4) Indirect cost rate proposals, cost allocations plans, etc. as 
specified in paragraph Sec. 518.53(g).
    (c) Copies of original records may be substituted for the original 
records if authorized by the Federal awarding agency.
    (d) The Federal awarding agency shall request transfer of certain 
records to its custody from recipients when it determines that the 
records possess long term retention value. However, in order to avoid 
duplicate recordkeeping, a Federal awarding agency may make arrangements 
for recipients to retain any records that are continuously needed for 
joint use.
    (e) The Federal awarding agency, the Inspector General, Comptroller 
General of the United States, or any of their duly authorized 
representatives, have the right of timely and unrestricted access to any 
books, documents, papers, or other records of recipients that are 
pertinent to the awards, in order to make audits, examinations, 
excerpts, transcripts and copies of such documents. This right also 
includes timely and reasonable access to a recipient's personnel for the 
purpose of interview and discussion related to such documents. The 
rights of access in this paragraph are not limited to the required 
retention period, but shall last as long as records are retained.
    (f) Unless required by statute, no Federal awarding agency shall 
place restrictions on recipients that limit public access to the records 
of recipients that are pertinent to an award, except when the Federal 
awarding agency can demonstrate that such records shall be kept 
confidential and would have been exempted from disclosure pursuant to 
the Freedom of Information Act (5 U.S.C. 552) if the records had 
belonged to the Federal awarding agency.
    (g) Indirect cost rate proposals, cost allocations plans, etc. 
Paragraphs (g)(1) and (g)(2) of this section apply to the following 
types of documents, and their supporting records: indirect cost rate 
computations or proposals, cost allocation plans, and any similar 
accounting computations of the rate at which a particular group of costs 
is chargeable (such as computer usage chargeback rates or composite 
fringe benefit rates).
    (1) If submitted for negotiation. If the recipient submits to the 
Federal awarding agency or the subrecipient submits to the recipient the 
proposal, plan, or other computation to form the basis for negotiation 
of the rate, then the 3-year retention period for its supporting records 
starts on the date of such submission.
    (2) If not submitted for negotiation. If the recipient is not 
required to submit to the Federal awarding agency or the subrecipient is 
not required to submit to the recipient the proposal, plan, or other 
computation for negotiation purposes, then the 3-year retention period 
for the proposal, plan, or other computation and its supporting records

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starts at the end of the fiscal year (or other accounting period) 
covered by the proposal, plan, or other computation.

                       Termination and Enforcement



Sec. 518.60  Purpose of termination and enforcement.

    Sections 518.61 and 518.62 set forth uniform suspension, termination 
and enforcement procedures.



Sec. 518.61  Termination.

    (a) Awards may be terminated in whole or in part only if the 
conditions in paragraphs (a)(1), (2) or (3) of this section apply.
    (1) By the Federal awarding agency, if a recipient materially fails 
to comply with the terms and conditions of an award.
    (2) By the Federal awarding agency with the consent of the 
recipient, in which case the two parties shall agree upon the 
termination conditions, including the effective date and, in the case of 
partial termination, the portion to be terminated.
    (3) By the recipient upon sending to the Federal awarding agency 
written notification setting forth the reasons for such termination, the 
effective date, and, in the case of partial termination, the portion to 
be terminated. However, if the Federal awarding agency determines in the 
case of partial termination that the reduced or modified portion of the 
grant will not accomplish the purposes for which the grant was made, it 
may terminate the grant in its entirety under either paragraphs (a)(1) 
or (2) of this section.
    (b) If costs are allowed under an award, the responsibilities of the 
recipient referred to in Sec. 518.71(a), including those for property 
management as applicable, shall be considered in the termination of the 
award, and provision shall be made for continuing responsibilities of 
the recipient after termination, as appropriate.



Sec. 518.62  Enforcement.

    (a) Remedies for noncompliance. If a recipient materially fails to 
comply with the terms and conditions of an award, whether stated in a 
Federal statute, regulation, assurance, application, or notice of award, 
the Federal awarding agency may, in addition to imposing any of the 
special conditions outlined in Sec. 518.14, take one or more of the 
following actions, as appropriate in the circumstances.
    (1) Temporarily withhold cash payments pending correction of the 
deficiency by the recipient or more severe enforcement action by the 
Federal awarding agency.
    (2) Disallow (that is, deny both use of funds and any applicable 
matching credit for) all or part of the cost of the activity or action 
not in compliance.
    (3) Wholly or partly suspend or terminate the current award.
    (4) Without further awards for the project or program.
    (5) Take other remedies that may be legally available.
    (b) Hearings and appeals. In taking an enforcement action, the 
awarding agency shall provide the recipient an opportunity for hearing, 
appeal, or other administrative proceeding to which the recipient is 
entitled under any statute or regulation applicable to the action 
involved.
    (c) Effects of suspension and termination. Costs of a recipient 
resulting from obligations incurred by the recipient during a suspension 
or after termination of an award are not allowable unless the awarding 
agency expressly authorizes them in the notice of suspension or 
termination or subsequently. Other recipient costs during suspension or 
after termination which are necessary and not reasonably avoidable are 
allowable if the conditions in paragraphs (c) (1) or (2) of this section 
apply.
    (1) The costs result from obligations which were properly incurred 
by the recipient before the effective date of suspension or termination, 
are not in anticipation of it, and in the case of a termination, are 
noncancellable.
    (2) The costs would be allowable if the award were not suspended or 
expired normally at the end of the funding period in which the 
termination takes effect.
    (d) Relationship to debarment and suspension. The enforcement 
remedies identified in this section, including suspension and 
termination, do not preclude a recipient from being subject

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to debarment and suspension under E.O.s 12549 and 12689 and the Federal 
awarding agency implementing regulations (see Sec. 518.13).



                 Subpart D--After-the-Award Requirements



Sec. 518.70  Purpose.

    Sections 518.71 through 518.73 contain closeout procedures and other 
procedures for subsequent disallowances and adjustments.



Sec. 518.71  Closeout procedures.

    (a) Recipients shall submit, within 90 calendar days after the date 
of completion of the award, all financial, performance, and other 
reports as required by the terms and conditions of the award. The 
Federal awarding agency may approve extensions when requested by the 
recipient.
    (b) Unless the Federal awarding agency authorizes an extension, a 
recipient shall liquidate all obligations incurred under the award not 
later than 90 calendar days after the funding period or the date of 
completion as specified in the terms and conditions of the award or in 
agency implementing instructions.
    (c) The Federal awarding agency shall make prompt payments to a 
recipient for allowable reimbursable costs under the award being closed 
out.
    (d) The recipient shall promptly refund any balances of unobligated 
cash that the Federal awarding agency has advanced or paid and that is 
not authorized to be retained by the recipient for use in other 
projects. OMB Circular A-129 governs unreturned amounts that become 
delinquent debts.
    (e) When authorized by the terms and conditions of the award, the 
Federal awarding agency shall make a settlement for any upward or 
downward adjustments to the Federal share of costs after closeout 
reports are received.
    (f) The recipient shall account for any real and personal property 
acquired with Federal funds or received from the Federal Government in 
accordance with Secs. 518.31 through 518.37.
    (g) In the event a final audit has not been performed prior to the 
closeout of an award, the Federal awarding agency shall retain the right 
to recover an appropriate amount after fully considering the 
recommendations on disallowing costs resulting from the final audit.



Sec. 518.72  Subsequent adjustments and continuing responsibilities.

    (a) The closeout of an award does not affect any of the following.
    (1) The right of the Federal awarding agency to disallow costs and 
recover funds on the basis of a later audit or other review.
    (2) The obligation of the recipient to return any funds due as a 
result of later refunds, corrections, or other transactions.
    (3) Audit requirements in Sec. 518.26.
    (4) Property management requirements in Secs.  518.31 through 
518.37.
    (5) Records retention as required in Sec. 518.53.
    (b) After closeout of an award, a relationship created under an 
award may be modified or ended in whole or in part with the consent of 
the Federal awarding agency and the recipient, provided the 
responsibilities of the recipient referred to in Sec. 518.73(a), 
including those for property management as applicable, are considered 
and provisions made for continuing responsibilities of the recipient, as 
appropriate.



Sec. 518.73  Collection of amounts due.

    (a) Any funds paid to a recipient in excess of the amount to which 
the recipient is finally determined to be entitled under the terms and 
conditions of the award constitute a debt to the Federal Government. If 
not paid within a reasonable period after the demand for payment, the 
Federal awarding agency may reduce the debt by the provisions of 
paragraphs (a) (1), (2) or (3) of this section.
    (1) Making an administrative offset against other requests for 
reimbursements.
    (2) Withholding advance payments otherwise due to the recipient.
    (3) Taking over action permitted by statute.
    (b) Except as otherwise provided by law, the Federal awarding agency 
shall charge interest on an overdue debt in accordance with 4 CFR 
chapter II, ``Federal Claims Collection Standards.''

[[Page 256]]



Appendix A to Part 518--Contract Provisions--Table of Contents




    All contracts, awarded by a recipient including small purchases, 
shall contain the following provisions as applicable:
    1. Equal Employment Opportunity--All contracts shall contain a 
provision requiring compliance with E.O. 11246, ``Equal Employment 
Opportunity,'' as amended by E.O. 11375, ``Amending Executive Order 
11246 Relating to Equal Employment Opportunity,'' and as supplemented by 
regulations at 41 CFR part 60, ``Office of Federal Contract Compliance 
Programs, Equal Employment Opportunity, Department of Labor.''
    2. Copeland ``Anti-Kickback'' Act (18 U.S.C. 874 and 40 U.S.C. 
276c)--All contracts and subgrants in excess of $2,000 for construction 
or repair awarded by recipients and subrecipients shall include a 
provision for compliance with the Copeland ``Anti-Kickback'' Act (18 
U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR 
part 3, ``Contractors and Subcontractors on Public Building or Public 
Work Financed in Whole or in part by Loans or Grants from the United 
States''). The Act provides that each contractor or subrecipient shall 
be prohibited from inducing, by any means, any person employed in the 
construction, completion, or repair of public work, to give up any part 
of the compensation to which he is otherwise entitled. The recipient 
shall report all suspected or reported violations to the Federal 
awarding agency.
    3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)--When 
required by Federal program legislation, all construction contracts 
awarded by the recipients and subrecipients of more than $2,000 shall 
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 
276a to a-7) and as supplemented by Department of Labor regulations (29 
CFR part 5, ``Labor Standards Provisions Applicable to Contracts 
Governing Federally Financed and Assisted Construction''). Under this 
Act, contractors shall be required to pay wages to laborers and 
mechanics at a rate not less than the minimum wages specified in a wage 
determination made by the Secretary of Labor. In addition, contractors 
shall be required to pay wages not less than once a week. The recipient 
shall place a copy of the current prevailing wage determination issued 
by the Department of Labor in each solicitation and the award of a 
contract shall be conditioned upon the acceptance of the wage 
determination. The recipient shall report all suspected or reported 
violations to the Federal awarding agency.
    4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
333)--Where applicable, all contracts awarded by recipients in excess of 
$2,000 for construction contracts and in excess of $2,500 for other 
contracts that involve the employment of mechanics or laborers shall 
include a provision for compliance with Sections 102 and 107 of the 
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as 
supplemented by Department of Labor regulations (29 CFR part 5). Under 
Section 102 of the Act, each contractor shall be required to compute the 
wages of every mechanic and laborer on the basis of a standard work week 
of 40 hours. Work in excess of the standard work week is permissible 
provided that the worker is compensated at a rate of not less than 1\1/
2\ times the basic rate of pay for all hours worked in excess of 40 
hours in the work week. Section 107 of the Act is applicable to 
construction work and provides that no laborer or mechanic shall be 
required to work in surroundings or under working conditions which are 
unsanitary, hazardous or dangerous. These requirements do not apply to 
the purchases of supplies or materials or articles ordinarily available 
on the open market, or contracts for transportation or transmission of 
intelligence.
    5. Rights to Inventions Made Under a Contract or Agreement--
Contracts or agreements for the performance of experimental, 
developmental, or research work shall provide for the right of the 
Federal Government and the recipient in any resulting invention in 
accordance with 37 CFR part 401, ``Rights to Inventions Made by 
Nonprofit Organizations and Small Business Firms Under Government 
Grants, Contracts and Cooperative Agreements,'' and any implementing 
regulations issued by the awarding agency.
    6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), as amended--Contracts 
and subgrants of amounts in excess of $100,000 shall contain a provision 
that requires the recipient to agree to comply with all applicable 
standards, orders or regulations issued pursuant to the Clean Air Act 
(42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as 
amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the 
Federal awarding agency and the Regional Office of the Environmental 
Protection Agency (EPA).
    7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)--Contractors who 
apply or bid for an award of $100,000 or more shall file the required 
certification. Each tier certifies to the tier above that it will not 
and has not used Federal appropriated funds to pay any person or 
organization for influencing or attempting to influence an officer or 
employee of any agency, a member of Congress, officer or employee of 
Congress, or an employee of a member of Congress in connection with 
obtaining any Federal contract, grant or any other award covered by 31 
U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal 
funds that takes place in connection with obtaining any Federal award.

[[Page 257]]

Such disclosures are forwarded from tier to tier up to the recipient.
    8. Debarment and Suspension (E.O.s 12549 and 12689)--No contract 
shall be made to parties listed on the General Services Administration's 
List of Parties Excluded from Federal Procurement or Nonprocurement 
Programs in accordance with E.O.s 12549 and 12689, ``Debarment and 
Suspension'' and 49 CFR part 29. This list contains the names of parties 
debarred, suspended, or otherwise excluded by agencies, and contractors 
declared ineligible under statutory or regulatory authority other than 
E.O. 12549. Contractors with awards that exceed the small purchase 
threshold shall provide the required certification regarding its 
exclusion status and that of its principal employees.



PART 519--NEW RESTRICTIONS ON LOBBYING--Table of Contents




                           Subpart A--General

Sec.
519.100  Conditions on use of funds.
519.105  Definitions.
519.110  Certification and disclosure.

                  Subpart B-Activities by Own Employees

519.200  Agency and legislative liaison.
519.205  Professional and technical services.
519.210  Reporting.

            Subpart C--Activities by Other than Own Employees

519.300  Professional and technical services.

                  Subpart D--Penalties and Enforcement

519.400  Penalties.
519.405  Penalty procedures.
519.410  Enforcement.

                          Subpart E--Exemptions

519.500  Secretary of Defense.

                        Subpart F--Agency Reports

519.600  Semi-annual compilation.
519.605  Inspector General report.

Appendix A to Part 519--Certification Regarding Lobbying
Appendix B to Part 519--Disclosure Form to Report Lobbying

    Authority: Sec. 319, Public Law 101-121 (31 U.S.C. 1352); 41 U.S.C. 
701 et seq.

    Source: 55 FR 6737 and 6750, Feb. 26, 1990.

    Cross Reference: See also Office of Management and Budget notice 
published at 54 FR 52306, December 20, 1989.



                           Subpart A--General



Sec. 519.100  Conditions on use of funds.

    (a) No appropriated funds may be expended by the recipient of a 
Federal contract, grant, loan, or cooperative ageement to pay any person 
for influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with any of the following 
covered Federal actions: the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal 
contract, grant, loan, or cooperative agreement.
    (b) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or cooperative agreement shall file with that 
agency a certification, set forth in appendix A, that the person has not 
made, and will not make, any payment prohibited by paragraph (a) of this 
section.
    (c) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or a cooperative agreement shall file with that 
agency a disclosure form, set forth in appendix B, if such person has 
made or has agreed to make any payment using nonappropriated funds (to 
include profits from any covered Federal action), which would be 
prohibited under paragraph (a) of this section if paid for with 
appropriated funds.
    (d) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with that agency a statement, set forth in appendix A, whether that 
person has made or has agreed to make any payment to influence or 
attempt to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with that loan insurance or guarantee.
    (e) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with

[[Page 258]]

that agency a disclosure form, set forth in appendix B, if that person 
has made or has agreed to make any payment to influence or attempt to 
influence an officer or employee of any agency, a Member of Congress, an 
officer or employee of Congress, or an employee of a Member of Congress 
in connection with that loan insurance or guarantee.



Sec. 519.105  Definitions.

    For purposes of this part:
    (a) Agency, as defined in 5 U.S.C. 552(f), includes Federal 
executive departments and agencies as well as independent regulatory 
commissions and Government corporations, as defined in 31 U.S.C. 
9101(1).
    (b) Covered Federal action means any of the following Federal 
actions:
    (1) The awarding of any Federal contract;
    (2) The making of any Federal grant;
    (3) The making of any Federal loan;
    (4) The entering into of any cooperative agreement; and,
    (5) The extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.

Covered Federal action does not include receiving from an agency a 
commitment providing for the United States to insure or guarantee a 
loan. Loan guarantees and loan insurance are addressed independently 
within this part.
    (c) Federal contract means an acquisition contract awarded by an 
agency, including those subject to the Federal Acquisition Regulation 
(FAR), and any other acquisition contract for real or personal property 
or services not subject to the FAR.
    (d) Federal cooperative agreement means a cooperative agreement 
entered into by an agency.
    (e) Federal grant means an award of financial assistance in the form 
of money, or property in lieu of money, by the Federal Government or a 
direct appropriation made by law to any person. The term does not 
include technical assistance which provides services instead of money, 
or other assistance in the form of revenue sharing, loans, loan 
guarantees, loan insurance, interest subsidies, insurance, or direct 
United States cash assistance to an individual.
    (f) Federal loan means a loan made by an agency. The term does not 
include loan guarantee or loan insurance.
    (g) Indian tribe and tribal organization have the meaning provided 
in section 4 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions 
of Indian tribes in that Act.
    (h) Influencing or attempting to influence means making, with the 
intent to influence, any communication to or appearance before an 
officer or employee or any agency, a Member of Congress, an officer or 
employee of Congress, or an employee of a Member of Congress in 
connection with any covered Federal action.
    (i) Loan guarantee and loan insurance means an agency's guarantee or 
insurance of a loan made by a person.
    (j) Local government means a unit of government in a State and, if 
chartered, established, or otherwise recognized by a State for the 
performance of a governmental duty, including a local public authority, 
a special district, an intrastate district, a council of governments, a 
sponsor group representative organization, and any other instrumentality 
of a local government.
    (k) Officer or employee of an agency includes the following 
individuals who are employed by an agency:
    (1) An individual who is appointed to a position in the Government 
under title 5, U.S. Code, including a position under a temporary 
appointment;
    (2) A member of the uniformed services as defined in section 101(3), 
title 37, U.S. Code;
    (3) A special Government employee as defined in section 202, title 
18, U.S. Code; and,
    (4) An individual who is a member of a Federal advisory committee, 
as defined by the Federal Advisory Committee Act, title 5, U.S. Code 
appendix 2.
    (l) Person means an individual, corporation, company, association, 
authority, firm, partnership, society, State, and local government, 
regardless of whether such entity is operated for profit or not for 
profit. This term

[[Page 259]]

excludes an Indian tribe, tribal organization, or any other Indian 
organization with respect to expenditures specifically permitted by 
other Federal law.
    (m) Reasonable compensation means, with respect to a regularly 
employed officer or employee of any person, compensation that is 
consistent with the normal compensation for such officer or employee for 
work that is not furnished to, not funded by, or not furnished in 
cooperation with the Federal Government.
    (n) Reasonable payment means, with respect to perfessional and other 
technical services, a payment in an amount that is consistent with the 
amount normally paid for such services in the private sector.
    (o) Recipient includes all contractors, subcontractors at any tier, 
and subgrantees at any tier of the recipient of funds received in 
connection with a Federal contract, grant, loan, or cooperative 
agreement. The term excludes an Indian tribe, tribal organization, or 
any other Indian organization with respect to expenditures specifically 
permitted by other Federal law.
    (p) Regularly employed means, with respect to an officer or employee 
of a person requesting or receiving a Federal contract, grant, loan, or 
cooperative agreement or a commitment providing for the United States to 
insure or guarantee a loan, an officer or employee who is employed by 
such person for at least 130 working days within one year immediately 
preceding the date of the submission that initiates agency consideration 
of such person for receipt of such contract, grant, loan, cooperative 
agreement, loan insurance commitment, or loan guarantee commitment. An 
officer or employee who is employed by such person for less than 130 
working days within one year immediately preceding the date of the 
submission that initiates agency consideration of such person shall be 
considered to be regularly employed as soon as he or she is employed by 
such person for 130 working days.
    (q) State means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, a territory or possession of 
the United States, an agency or instrumentality of a State, and a multi-
State, regional, or interstate entity having governmental duties and 
powers.



Sec. 519.110  Certification and disclosure.

    (a) Each person shall file a certification, and a disclosure form, 
if required, with each submission that initiates agency consideration of 
such person for:
    (1) Award of a Federal contract, grant, or cooperative agreement 
exceeding $100,000; or
    (2) An award of a Federal loan or a commitment providing for the 
United States to insure or guarantee a loan exceeding $150,000.
    (b) Each person shall file a certification, and a disclosure form, 
if required, upon receipt by such person of:
    (1) A Federal contract, grant, or cooperative agreement exceeding 
$100,000; or
    (2) A Federal loan or a commitment providing for the United States 
to insure or guarantee a loan exceeding $150,000,

Unless such person previously filed a certification, and a disclosure 
form, if required, under paragraph (a) of this section.
    (c) Each person shall file a disclosure form at the end of each 
calendar quarter in which there occurs any event that requires 
disclosure or that materially affects the accuracy of the information 
contained in any disclosure form previously filed by such person under 
paragraphs (a) or (b) of this section. An event that materially affects 
the accuracy of the information reported includes:
    (1) A cumulative increase of $25,000 or more in the amount paid or 
expected to be paid for influencing or attempting to influence a covered 
Federal action; or
    (2) A change in the person(s) or individual(s) influencing or 
attempting to influence a covered Federal action; or,
    (3) A change in the officer(s), employee(s), or Member(s) contacted 
to influence or attempt to influence a covered Federal action.
    (d) Any person who requests or receives from a person referred to in 
paragraphs (a) or (b) of this section:
    (1) A subcontract exceeding $100,000 at any tier under a Federal 
contract;

[[Page 260]]

    (2) A subgrant, contract, or subcontract exceeding $100,000 at any 
tier under a Federal grant;
    (3) A contract or subcontract exceeding $100,000 at any tier under a 
Federal loan exceeding $150,000; or,
    (4) A contract or subcontract exceeding $100,000 at any tier under a 
Federal cooperative agreement,

Shall file a certification, and a disclosure form, if required, to the 
next tier above.
    (e) All disclosure forms, but not certifications, shall be forwarded 
from tier to tier until received by the person referred to in paragraphs 
(a) or (b) of this section. That person shall forward all disclosure 
forms to the agency.
    (f) Any certification or disclosure form filed under paragraph (e) 
of this section shall be treated as a material representation of fact 
upon which all receiving tiers shall rely. All liability arising from an 
erroneous representation shall be borne solely by the tier filing that 
representation and shall not be shared by any tier to which the 
erroneous representation is forwarded. Submitting an erroneous 
certification or disclosure constitutes a failure to file the required 
certification or disclosure, respectively. If a person fails to file a 
required certification or disclosure, the United States may pursue all 
available remedies, including those authorized by section 1352, title 
31, U.S. Code.
    (g) For awards and commitments in process prior to December 23, 
1989, but not made before that date, certifications shall be required at 
award or commitment, covering activities occurring between December 23, 
1989, and the date of award or commitment. However, for awards and 
commitments in process prior to the December 23, 1989 effective date of 
these provisions, but not made before December 23, 1989, disclosure 
forms shall not be required at time of award or commitment but shall be 
filed within 30 days.
    (h) No reporting is required for an activity paid for with 
appropriated funds if that activity is allowable under either subpart B 
or C.



                 Subpart B--Activities by Own Employees



Sec. 519.200  Agency and legislative liaison.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 519.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement if 
the payment is for agency and legislative liaison activities not 
directly related to a covered Federal action.
    (b) For purposes of paragraph (a) of this section, providing any 
information specifically requested by an agency or Congress is allowable 
at any time.
    (c) For purposes of paragraph (a) of this section, the following 
agency and legislative liaison activities are allowable at any time only 
where they are not related to a specific solicitation for any covered 
Federal action:
    (1) Discussing with an agency (including individual demonstrations) 
the qualities and characteristics of the person's products or services, 
conditions or terms of sale, and service capabilities; and,
    (2) Technical discussions and other activities regarding the 
application or adaptation of the person's products or services for an 
agency's use.
    (d) For purposes of paragraph (a) of this section, the following 
agencies and legislative liaison activities are allowable only where 
they are prior to formal solicitation of any covered Federal action:
    (1) Providing any information not specifically requested but 
necessary for an agency to make an informed decision about initiation of 
a covered Federal action;
    (2) Technical discussions regarding the preparation of an 
unsolicited proposal prior to its official submission; and,
    (3) Capability presentations by persons seeking awards from an 
agency pursuant to the provisions of the Small Business Act, as amended 
by Public Law 95-507 and other subsequent amendments.
    (e) Only those activities expressly authorized by this section are 
allowable under this section.

[[Page 261]]



Sec. 519.205  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 519.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement or 
an extension, continuation, renewal, amendment, or modification of a 
Federal contract, grant, loan, or cooperative agreement if payment is 
for professional or technical services rendered directly in the 
preparation, submission, or negotiation of any bid, proposal, or 
application for that Federal contract, grant, loan, or cooperative 
agreement or for meeting requirements imposed by or pursuant to law as a 
condition for receiving that Federal contract, grant, loan, or 
cooperative agreement.
    (b) For purposes of paragraph (a) of this section, ``professional 
and technical services'' shall be limited to advice and analysis 
directly applying any professional or technical discipline. For example, 
drafting of a legal document accompanying a bid or proposal by a lawyer 
is allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not allowable under this section unless they provide 
advice and analysis directly applying their professional or technical 
expertise and unless the advice or analysis is rendered directly and 
solely in the preparation, submission or negotiation of a covered 
Federal action. Thus, for example, communications with the intent to 
influence made by a lawyer that do not provide legal advice or analysis 
directly and solely related to the legal aspects of his or her client's 
proposal, but generally advocate one proposal over another are not 
allowable under this section because the lawyer is not providing 
professional legal services. Similarly, communications with the intent 
to influence made by an engineer providing an engineering analysis prior 
to the preparation or submission of a bid or proposal are not allowable 
under this section since the engineer is providing technical services 
but not directly in the preparation, submission or negotiation of a 
covered Federal action.
    (c) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.
    (d) Only those services expressly authorized by this section are 
allowable under this section.



Sec. 519.210  Reporting.

    No reporting is required with respect to payments of reasonable 
compensation made to regularly employed officers or employees of a 
person.



            Subpart C--Activities by Other Than Own Employees



Sec. 519.300  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 519.100 (a), does not apply in the case of any reasonable payment 
to a person, other than an officer or employee of a person requesting or 
receiving a covered Federal action, if the payment is for professional 
or technical services rendered directly in the preparation, submission, 
or negotiation of any bid, proposal, or application for that Federal 
contract, grant, loan, or cooperative agreement or for meeting 
requirements imposed by or pursuant to law as a condition for receiving 
that Federal contract, grant, loan, or cooperative agreement.
    (b) The reporting requirements in Sec. 519.110 (a) and (b) regarding 
filing a disclosure form by each person, if required, shall not apply 
with respect to professional or technical services rendered directly in 
the preparation, submission, or negotiation of any commitment providing 
for the United States to insure or guarantee a loan.

[[Page 262]]

    (c) For purposes of paragraph (a) of this section, ``professional 
and technical services'' shall be limited to advice and analysis 
directly applying any professional or technical discipline. For example, 
drafting or a legal document accompanying a bid or proposal by a lawyer 
is allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not allowable under this section unless they provide 
advice and analysis directly applying their professional or technical 
expertise and unless the advice or analysis is rendered directly and 
solely in the preparation, submission or negotiation of a covered 
Federal action. Thus, for example, communications with the intent to 
influence made by a lawyer that do not provide legal advice or analysis 
directly and solely related to the legal aspects of his or her client's 
proposal, but generally advocate one proposal over another are not 
allowable under this section because the lawyer is not providing 
professional legal services. Similarly, communications with the intent 
to influence made by an engineer providing an engineering analysis prior 
to the preparation or submission of a bid or proposal are not allowable 
under this section since the engineer is providing technical services 
but not directly in the preparation, submission or negotiation of a 
covered Federal action.
    (d) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.
    (e) Persons other than officers or employees of a person requesting 
or receiving a covered Federal action include consultants and trade 
associations.
    (f) Only those services expressly authorized by this section are 
allowable under this section.



                  Subpart D--Penalties and Enforcement



Sec. 519.400  Penalties.

    (a) Any person who makes an expenditure prohibited herein shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such expenditure.
    (b) Any person who fails to file or amend the disclosure form (see 
appendix B) to be filed or amended if required herein, shall be subject 
to a civil penalty of not less than $10,000 and not more than $100,000 
for each such failure.
    (c) A filing or amended filing on or after the date on which an 
administrative action for the imposition of a civil penalty is commenced 
does not prevent the imposition of such civil penalty for a failure 
occurring before that date. An administrative action is commenced with 
respect to a failure when an investigating official determines in 
writing to commence an investigation of an allegation of such failure.
    (d) In determining whether to impose a civil penalty, and the amount 
of any such penalty, by reason of a violation by any person, the agency 
shall consider the nature, circumstances, extent, and gravity of the 
violation, the effect on the ability of such person to continue in 
business, any prior violations by such person, the degree of culpability 
of such person, the ability of the person to pay the penalty, and such 
other matters as may be appropriate.
    (e) First offenders under paragraphs (a) or (b) of this section 
shall be subject to a civil penalty of $10,000, absent aggravating 
circumstances. Second and subsequent offenses by persons shall be 
subject to an appropriate civil penalty between $10,000 and $100,000, as 
determined by the agency head or his or her designee.
    (f) An imposition of a civil penalty under this section does not 
prevent the United States from seeking any other remedy that may apply 
to the same conduct that is the basis for the imposition of such civil 
penalty.

[[Page 263]]



Sec. 519.405  Penalty procedures.

    Agencies shall impose and collect civil penalties pursuant to the 
provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. 
sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 
3812, insofar as these provisions are not inconsistent with the 
requirements herein.



Sec. 519.410  Enforcement.

    The head of each agency shall take such actions as are necessary to 
ensure that the provisions herein are vigorously implemented and 
enforced in that agency.



                          Subpart E--Exemptions



Sec. 519.500  Secretary of Defense.

    (a) The Secretary of Defense may exempt, on a case-by-case basis, a 
covered Federal action from the prohibition whenever the Secretary 
determines, in writing, that such an exemption is in the national 
interest. The Secretary shall transmit a copy of each such written 
exemption to Congress immediately after making such a determination.
    (b) The Department of Defense may issue supplemental regulations to 
implement paragraph (a) of this section.



                        Subpart F--Agency Reports



Sec. 519.600  Semi-annual compilation.

    (a) The head of each agency shall collect and compile the disclosure 
reports (see appendix B) and, on May 31 and November 30 of each year, 
submit to the Secretary of the Senate and the Clerk of the House of 
Representatives a report containing a compilation of the information 
contained in the disclosure reports received during the six-month period 
ending on March 31 or September 30, respectively, of that year.
    (b) The report, including the compilation, shall be available for 
public inspection 30 days after receipt of the report by the Secretary 
and the Clerk.
    (c) Information that involves intelligence matters shall be reported 
only to the Select Committee on Intelligence of the Senate, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Committees on Appropriations of the Senate and 
the House of Representatives in accordance with procedures agreed to by 
such committees. Such information shall not be available for public 
inspection.
    (d) Information that is classified under Executive Order 12356 or 
any successor order shall be reported only to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives or the Committees on Armed Services of the 
Senate and the House of Representatives (whichever such committees have 
jurisdiction of matters involving such information) and to the 
Committees on Appropriations of the Senate and the House of 
Representatives in accordance with procedures agreed to by such 
committees. Such information shall not be available for public 
inspection.
    (e) The first semi-annual compilation shall be submitted on May 31, 
1990, and shall contain a compilation of the disclosure reports received 
from December 23, 1989 to March 31, 1990.
    (f) Major agencies, designated by the Office of Management and 
Budget (OMB), are required to provide machine-readable compilations to 
the Secretary of the Senate and the Clerk of the House of 
Representatives no later than with the compilations due on May 31, 1991. 
OMB shall provide detailed specifications in a memorandum to these 
agencies.
    (g) Non-major agencies are requested to provide machine-readable 
compilations to the Secretary of the Senate and the Clerk of the House 
of Representatives.
    (h) Agencies shall keep the originals of all disclosure reports in 
the official files of the agency.



Sec. 519.605  Inspector General report.

    (a) The Inspector General, or other official as specified in 
paragraph (b) of this section, of each agency shall prepare and submit 
to Congress each year, commencing with submission of the President's 
Budget in 1991, an evaluation of the compliance of that agency with, and 
the effectiveness of, the requirements herein. The evaluation may 
include any recommended changes that

[[Page 264]]

may be necessary to strengthen or improve the requirements.
    (b) In the case of an agency that does not have an Inspector 
General, the agency official comparable to an Inspector General shall 
prepare and submit the annual report, or, if there is no such comparable 
official, the head of the agency shall prepare and submit the annual 
report.
    (c) The annual report shall be submitted at the same time the agency 
submits its annual budget justifications to Congress.
    (d) The annual report shall include the following: All alleged 
violations relating to the agency's covered Federal actions during the 
year covered by the report, the actions taken by the head of the agency 
in the year covered by the report with respect to those alleged 
violations and alleged violations in previous years, and the amounts of 
civil penalties imposed by the agency in the year covered by the report.

        Appendix A to Part 519--Certification Regarding Lobbying

 Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge and 
belief, that:
    (1) No Federal appropriated funds have been paid or will be paid, by 
or on behalf of the undersigned, to any person for influencing or 
attempting to influence an officer or employee of an agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal 
contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Congress, an 
officer or employee of Congress, or an employee of a Member of Congress 
in connection with this Federal contract, grant, loan, or cooperative 
agreement, the undersigned shall complete and submit Standard Form-LLL, 
``Disclosure Form to Report Lobbying,'' in accordance with its 
instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards at 
all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all subrecipients 
shall certify and disclose accordingly.
    This certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required certification shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

            Statement for Loan Guarantees and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with this commitment 
providing for the United States to insure or guarantee a loan, the 
undersigned shall complete and submit Standard Form-LLL, ``Disclosure 
Form to Report Lobbying,'' in accordance with its instructions.
    Submission of this statement is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required statement shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

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       Appendix B to Part 519--Disclosure Form to Report Lobbying
[GRAPHIC] [TIFF OMITTED] TC13OC91.003


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[GRAPHIC] [TIFF OMITTED] TC13OC91.004



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[GRAPHIC] [TIFF OMITTED] TC13OC91.005



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PART 521--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents




Sec.
521.1  Basis and Purpose.
521.2  Definitions.
521.3  Basis for civil penalties and assessments.
521.4  Investigation.
521.5  Review by the reviewing official.
521.6  Prerequisites for issuing a complaint.
521.7  Complaint.
521.8  Service of complaint.
521.9  Answer.
521.10  Default upon failure to file an answer.
521.11  Referral of complaint and answer to the ALJ.
521.12  Notice of hearing.
521.13  Parties to the hearing.
521.14  Separation of functions.
521.15  Ex parte contacts.
521.16  Disqualifications of reviewing official or ALJ.
521.17  Rights of parties.
521.18  Authority of the ALJ.
521.19  Prehearing conferences.
521.20  Disclosure of documents.
521.21  Discovery.
521.22  Exchange of witness lists, statements and exhibits.
521.23  Subpoenas for attendance at hearing.
521.24  Protective order.
521.25  Fees.
521.26  Form, filing and service of papers.
521.27  Computation of time.
521.28  Motions.
521.29  Sanctions.
521.30  The hearing and burden of proof.
521.31  Determining the amount of penalties and assessments.
521.32  Location of hearing.
521.33  Witnesses.
521.34  Evidence.
521.35  The record.
521.36  Post-hearing briefs.
521.37  Initial decision.
521.38  Reconsideration of initial decision.
521.39  Appeal to the USIA Director.
521.40  Stays ordered by the Department of Justice.
521.41  Stay pending appeal.
521.42  Judicial review.
521.43  Collection of civil penalties and assessments.
521.44  Right to administrative offset.
521.45  Deposit in Treasury of United States.
521.46  Compromise or settlement.
521.47  Limitations.

    Authority: 22 U.S.C. 2658; 31 U.S.C. 3801-3812.

    Source: 56 FR 25028, June 3, 1991, unless otherwise noted.



Sec. 521.1  Basis and purpose.

    (a) Basis. This part implements the Program Fraud Civil Remedies Act 
of 1986, Public Law 99-509, sections 6101-6104, 100 Stat. 1874 (October 
21, 1986), codified at 31 U.S.C. 3801-3812. The Act requires each 
authority head to promulgate regulations necessary to implement the 
provisions of the statute (31 U.S.C. 3809).
    (b) Purpose. (1) This part establishes administrative procedures for 
imposing civil penalties and assessments against persons who make, 
submit, or present, or cause to be made, submitted, or presented, false, 
fictitious, or fraudulent claims or written statements to the United 
States Information Agency or to its agents, and
    (2) Specifies the hearing and appeal rights of persons subject to 
allegations of liability for such penalties and assessments.
    (c) Special considerations abroad. Where a party, witness or 
material evidence in a proceeding under these regulations is located 
abroad, the investigating official, reviewing official or ALJ, as the 
case may be, may adjust the provisions below for service, filing of 
documents, time limitations, and related matters to meet special 
problems arising out of that location.



Sec. 521.2  Definitions.

    ALJ means an Administrative Law Judge in USIA appointed pursuant to 
5 U.S.C. 3105 or detailed to USIA pursuant to 5 U.S.C. 3344.
    Benefit means, in the context of ``statement,'' anything of value, 
including but not limited to any advantage, preference, privilege, 
license, permit, favorable decision, ruling, status, or loan guarantee.
    Claim means any request, demand, or submission--
    (1) Made to USIA for property, services or money (including money 
representing grants, loans, insurance or benefits);
    (2) Made to a recipient of property, services or money from USIA, or 
to a party to a contract with USIA--
    (i) For property or services if the United States--
    (A) Provided such property or services;

[[Page 269]]

    (B) Provided any portion of the funds for the purchase of such 
property or services; or
    (C) Will reimburse such recipient or party for the purchase of such 
property or services; or
    (ii) For the payment of money (including money representing grants, 
loans, insurance, or benefits) if the United States--
    (A) Provided any portion of the money requested or demanded; or
    (B) Will reimburse such recipient or party for any portion of the 
money paid on such request or demand; or
    (3) Made to USIA which has the effect of decreasing an obligation to 
pay or account for property, services, or money.
    Complaint means the administrative complaint served by the reviewing 
official on the defendant under Sec. 521.7.
    Defendant means any person alleged in a complaint under Sec. 521.7 
to be liable for a civil penalty or assessment under Sec. 521.3.
    Director means Director of the United States Information Agency.
    Government means the United States Government.
    Individual means a natural person.
    Initial decision means the written decision of the ALJ required by 
Sec. 521.10 or Sec. 521.37, and includes a revised initial decision 
issued following a remand or a motion for reconsideration.
    Investigating Official means the Inspector General for USIA or an 
officer or employee of the Office of Inspector General designated by the 
Inspector General and serving in a position for which the rate of basic 
pay is not less than the minimum rate of basic pay for grade GS-16 under 
the General Schedule.
    Knows or has reason to know means that a person, with respect to a 
claim or statement--
    (1) Has the actual knowledge that the claim or statement is false, 
fictitious, or fraudulent;
    (2) Acts in deliberate ignorance of the truth or falsity of the 
claim or statement; or
    (3) Acts in reckless disregard of the truth or falsity of the claim 
or statement.
    Makes, wherever it appears, shall include the terms presents, 
submits and causes to be made, presented, or submitted. As the context 
requires, making or made shall likewise include the corresponding forms 
of such terms.
    Person means any individual, partnership, corporation, association, 
or private organization and includes the plural of that term.
    Representative means an attorney who is a member in good standing of 
the bar of any State, Territory, or possession of the United States or 
the District of Columbia or the Commonwealth of Puerto Rico.
    Reviewing official means the General Counsel of USIA or his designee 
who is:
    USIA means the United States Information Agency.
    (1) Not subject to supervision by, or required to report to, the 
investigating official;
    (2) Not employed in the organizational unit of USIA in which the 
investigating official is employed; and
    (3) Is serving in a position for which the rate of basic pay is not 
less than the minimum rate of basic pay for grade GS-16 under the 
General Schedule.
    Statement means any representation, certification, affirmation, 
document, record, or accounting or bookkeeping entry made--
    (1) With respect to a claim or to obtain the approval or payment of 
a claim (including relating to eligibility to make a claim); or
    (2) With respect to (including relating to eligibility for)--
    (i) A contract with, or a bid or proposal for a contract with; or
    (ii) A grant, loan, or benefit from, USIA, or any State, political 
subdivision of a State, or other party, if the United States Government 
provides any portion of the money or property under such contract or for 
such grant, loan, or benefit, or if the Government will reimburse such 
State, political subdivision, or party for any portion of the money or 
property under such contract or for such grant, loan, or benefit.
    USIA means the United States Information Agency.

[[Page 270]]



Sec. 521.3  Basis for civil penalties and assessments.

    (a) Claims. (1) Any person who makes claim that the person knows or 
has reason to know--
    (i) Is false, fictitious, or fraudulent;
    (ii) Includes or is supported by any written statement which asserts 
a material fact which is false, fictitious, or fraudulent;
    (iii) Includes or is supported by any written statement that--
    (A) Omits a material fact;
    (B) Is false, fictitious, or fraudulent as a result of such 
omission; and
    (C) Is a statement in which the person making such statement has a 
duty to include such material fact; or
    (iv) Is for payment for the provision of property or services which 
the person has not provided as claimed; shall be subject, in addition to 
any other remedy that may be prescribed by law, to a civil penalty of 
not more than $5,000 for each such claim.
    (2) Each voucher, invoice, claim form, or other individual request 
or demand for property, services, or money constitutes a separate claim.
    (3) A claim shall be considered made to USIA, a recipient, or party 
when such claim is actually made to an agent, fiscal intermediary, or 
other entity, including any State or political subdivision thereof, 
acting for or on behalf of USIA or such recipient or party.
    (4) Each claim for property, services, or money is subject to a 
civil penalty regardless of whether such property, services, or money is 
actually delivered or paid.
    (5) If the Government has made any payment (including transferred 
property or provided services) on a claim, a person subject to a civil 
penalty under paragraph (a)(1) of this section shall also be subject to 
an assessment of not more than twice the amount of such claim or that 
portion thereof that is determined to be in violation of paragraph 
(a)(1) of this section. Such assessment shall be in lieu of damages 
sustained by the Government because of such claim.
    (b) Statement. (1) Any person who makes, a written statement that--
    (i) The person knows or has reason to know--
    (A) Asserts a material fact which is false, fictitious, or 
fraudulent; or
    (B) Is false, fictitious, or fraudulent because it omits a material 
fact that the person making the statement has a duty to include in such 
statement; and
    (ii) Contains or is accompanied by an express certification or 
affirmation of the truthfulness and accuracy of the contents of the 
statement, shall be subject, in addition to any other remedy that may be 
prescribed by law, to a civil penalty of not more than $5,000 for each 
such statement.
    (2) Each written representation, certification, or affirmation 
constitutes a separate statement.
    (3) A statement shall be considered made to USIA when such statement 
is actually made to an agent, fiscal intermediary, or other entity, 
including any State or political subdivision thereof, acting for or on 
behalf of USIA.
    (c) No proof of specific intent to defraud is required to establish 
liability under this section.
    (d) In any case in which it is determined that more than one person 
is liable for making a claim or statement under this section, each such 
person may be held liable for a civil penalty under this section.
    (e) In any case in which it is determined that more than one person 
is liable for making a claim under this section on which the Government 
has made payment (including transferred property or provided services), 
an assessment may be imposed against any such person or jointly and 
severally against any combination of such persons.



Sec. 521.4  Investigation.

    (a) If an investigating official concludes that a subpoena pursuant 
to the authority conferred by 31 U.S.C. 3804(a) is warranted--
    (1) The subpoena so issued shall notify the person to whom it is 
addressed of the authority under which the subpoena is issued, and shall 
identify the records or documents sought;
    (2) The investigating official may designate a person to act on his 
or her behalf to receive the documents sought; and

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    (3) The person receiving such subpoena shall be required to tender 
to the investigating official or the person designated to receive the 
documents a certification that the documents sought have been produced, 
or that such documents are not available and the reasons therefore, or 
that such documents, suitably identified, have been withheld based upon 
the assertion of an identified privilege.
    (b) If the investigating official concludes that an action under the 
Program Fraud Civil Remedies Act may be warranted, the investigating 
official shall submit a report containing the findings and conclusions 
of such investigation to the reviewing official.
    (c) Nothing in this section shall preclude or limit an investigating 
official's discretion to refer allegations directly to the Department of 
Justice for suit under the False Claims Act or other civil relief, or to 
defer or postpone a report or referral to the reviewing official to 
avoid interference with a criminal investigation or prosecution.
    (d) Nothing in this section modifies any responsibility of an 
investigating official to report violations of criminal law to the 
Attorney General.



Sec. 521.5  Review by the reviewing official.

    (a) If, based on the report of the investigating official under 
Sec. 521.4(b), the reviewing official determines that there is adequate 
evidence to believe that a person is liable under Sec. 521.3 of this 
part, the reviewing official shall transmit to the Attorney General a 
written notice of the reviewing official's intention to issue a 
complaint under Sec. 521.7.
    (b) Such notice shall include--
    (1) A statement of the reviewing official's reasons for issuing a 
complaint;
    (2) A statement specifying the evidence that supports the 
allegations of liability;
    (3) A description of the claims or statements upon which the 
allegations of liability are based;
    (4) An estimate of the amount of money or the value of property, 
services, or other benefits requested or demanded in violation of 
Sec. 521.3 of this part;
    (5) A statement of any exculpatory or mitigating circumstances that 
may relate to the claims or statements known by the reviewing official 
or the investigating official; and
    (6) A statement that there is a reasonable prospect of collecting an 
appropriate amount of penalties and assessments.



Sec. 521.6  Prerequisites for issuing a complaint.

    (a) The reviewing official may issue a complaint under Sec. 521.7 
only if:
    (1) The Department of Justice approves the issuance of a complaint 
in a written statement described in 31 U.S.C. 3803(b)(1); and
    (2) In the case of allegations of liability under Sec. 521.3(a) with 
respect to a claim, the reviewing official determines that, with respect 
to such claim or a group of related claims submitted at the same time 
such claim is submitted (as defined in paragraph (b) of this section), 
the amount of money or the value of property or services demanded or 
requested in violation of Sec. 521.3(a) does not exceed $150,000.
    (b) For the purposes of this section, a related group of claims 
submitted at the same time shall include only those claims arising from 
the same transaction (e.g., grant, loan, application, or contract) that 
are submitted simultaneously as part of a single request, demand, or 
submission.
    (c) Nothing in this section shall be construed to limit the 
reviewing official's authority to join in a single complaint against a 
person's claims that are unrelated or were not submitted simultaneously, 
regardless of the amount of money, or the value of property or services, 
demanded or requested.



Sec. 521.7  Complaint.

    (a) On or after the date the Department of Justice approves the 
issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the 
reviewing official may serve a complaint on the defendant, as provided 
in Sec. 521.8.
    (b) The complaint shall state:
    (1) Allegations of liability against the defendant including the 
statutory basis for liability, an identificaiton of the claims or 
statements that are the

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basis for the alleged liability, and the reasons why liability allegedly 
arises from such claims or statements;
    (2) The maximum amount of penalties and assessments for which the 
defendant may be held liable;
    (3) Instructions for filing an answer to request a hearing, 
including a specific statement of the defendant's right to request a 
hearing by filing an answer and to be represented by a representative; 
and
    (4) That failure to file an answer within 30 days of service of the 
complaint will result in the imposition of the maximum amount of 
penalties and assessment without right to appeal, as provided in 
Sec. 521.10.
    (c) At the same time the reviewing official serves the complaint, he 
or she shall serve the defendant with a copy of these regulations.



Sec. 521.8  Service of complaint.

    (a) Service of a complaint must be made by certified or registered 
mail or by delivery in any manner authorized by rule 4(d) of the Federal 
Rules of Civil Procedure. Service is complete upon receipt.
    (b) Proof of service, stating the name and address of the person on 
whom the complaint was served, and the manner and date of service, may 
be made by:
    (1) Affidavit of the individual serving the complaint by delivery;
    (2) A United States Postal Service return receipt card acknowledging 
receipt; or
    (3) Written acknowledgment of receipt by the defendant or the 
defendant's representative.
    (4) In case of service abroad authenticated in accordance with the 
Convention on the Service Abroad of Judicial and Extra Judicial 
Documents in Civil or Commercial Matters.



Sec. 521.9  Answer.

    (a) The defendant may request a hearing by filing an answer with the 
reviewing official within 30 days of service of the complaint. An answer 
shall be deemed to be a request for a hearing.
    (b) In the answer, the defendant:
    (1) Shall admit or deny each of the allegations of liability made in 
the complaint;
    (2) Shall state any defense on which the defendant intends to rely;
    (3) May state any reasons why the defendant contends that the 
penalties and assessments should be less than the statutory maximum; and
    (4) Shall state the name, address, and telephone number of the 
person authorized by the defendant to act as defendant's representative, 
if any.
    (c) If the defendant is unable to file an answer meeting the 
requirements of paragraph (b) of this section within the time provided, 
the defendant may, before the expiration of 30 days from service of the 
complaint, file with the reviewing official a general answer denying 
liability and requesting a hearing, and a request for an extension of 
time within which to file an answer meeting the requirements of 
paragraph (b) of this section. The reviewing official shall file 
promptly with the ALJ the complaint, the general answer denying 
liability, and the request for an extension of time as provided in 
Sec. 521.11. For good cause shown, the ALJ may grant the defendant up to 
30 additional days within which to file an answer meeting the 
requirements of paragraph (b) of this section.



Sec. 521.10  Default upon failure to file an answer.

    (a) If the defendant does not file an answer within the time 
prescribed in Sec. 521.9(a), the reviewing official may refer the 
complaint to the ALJ.
    (b) Upon the referral of the complaint, the ALJ shall promptly serve 
on defendant in the manner prescribed in Sec. 521.8, a notice that an 
initial decision will be issued under this section.
    (c) If the defendant fails to answer, the ALJ shall assume the facts 
alleged in the complaint to be true, and, if such facts establish 
liability under Sec. 521.3, the ALJ shall issue an initial decision 
imposing the maximum amount of penalties and assessments allowed under 
the statute.
    (d) Except as otherwise provided in this section, by failing to file 
a timely answer, the defendant waives any right to further review of the 
penalties and assessments imposed under paragraph (c) of this section, 
and the initial decision shall become final and binding

[[Page 273]]

upon the parties 30 days after it is issued.
    (e) If, before such an initial decision becomes final, the defendant 
files a motion with the ALJ seeking to reopen on the grounds that 
extraordinary circumstances prevented the defendant from filing an 
answer, the initial decision shall be stayed pending the ALJ's decision 
on the motion.
    (f) If, on such motion, the defendant can demonstrate extraordinary 
circumstances excusing the failure to file a timely answer, the ALJ 
shall withdraw the initial decision in paragraph (c) of this section, if 
such a decision has been issued, and shall grant the defendant an 
opportunity to answer the complaint.
    (g) A decision of the ALJ denying defendant's motion under paragraph 
(e) of this section is not subject to reconsideration under Sec. 521.38.
    (h) The defendant may appeal to the Director the decision denying a 
motion to reopen by filing a notice of appeal with the Director within 
15 days after the ALJ denies the motion. The timely filing of a notice 
of appeal shall stay the initial decision until the Director decides the 
issue.
    (i) If the defendant files a timely notice of appeal with the 
Director, the ALJ shall forward the record of the proceeding to the 
Director.
    (j) The Director shall decide expeditiously whether extraordinary 
circumstances excuse the defendant's failure to file a timely answer 
based solely on the record before the ALJ.
    (k) If the Director decides that extraordinary circumstances excused 
the defendant's failure to file a timely answer, the Director shall 
remand the case to the ALJ with instructions to grant the defendant an 
opportunity to answer.
    (l) If the Director decides that the defendant's failure to file a 
timely answer is not excused, the Director shall reinstate the initial 
decision of the ALJ, which shall become final and binding upon the 
parties 30 days after the Director issues such decision.



Sec. 521.11  Referral of complaint and answer to the ALJ.

    Upon receipt of an answer, the reviewing official shall file the 
complaint and answer with the ALJ.



Sec. 521.12  Notice of hearing.

    (a) When the ALJ receives the complaint and answer, the ALJ shall 
promptly serve a notice of hearing upon the defendant in the manner 
prescribed by Sec. 521.8. At the same time, the ALJ shall send a copy of 
such notice to the representative for the Government.
    (b) Such notice shall include:
    (1) The tentative time and place, and the nature of the hearing;
    (2) The legal authority and jurisdiction under which the hearing is 
to be held;
    (3) The matters of fact and law to be asserted;
    (4) A description of the procedures for the conduct of the hearing;
    (5) The name, address, and telephone number of the representative of 
the Government and of the defendant, if any; and
    (6) Such other matters as the ALJ deems appropriate.



Sec. 521.13  Parties to the hearing.

    (a) The parties to the hearing shall be the defendant and USIA.
    (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the 
False Claims Act may participate in these proceedings to the extent 
authorized by the provisions of that Act.



Sec. 521.14  Separation of functions.

    (a) The investigating official, the reviewing official, and any 
employee or agent of USIA who takes part in investigating, preparing, or 
presenting a particular case may not, in such case or a factually 
related case:
    (1) Participate in the hearing as the ALJ;
    (2) Participate or advise in the initial decision or the review of 
the initial decision by the Director, except as a witness or 
representative in public proceedings; or
    (3) Make the collection of penalties and assessments under 31 U.S.C. 
3806.

[[Page 274]]

    (b) The ALJ shall not be responsible to, or subject to, the 
supervision or direction of the investigating official or the reviewing 
official.
    (c) Except as provided in paragraph (a) of this section, the 
representative for the Government may be employed anywhere in USIA, 
including in the offices of either the investigating official or the 
reviewing official.



Sec. 521.15  Ex Parte contacts.

    No party or person (except employees of the ALJ's office) shall 
communicate in any way with the ALJ on any matter at issue in a case, 
unless on notice and opportunity for all parties to participate. This 
provision does not prohibit a person or party from inquiring about the 
status of a case or asking routine questions concerning administrative 
functions or procedures.



Sec. 521.16  Disqualification of reviewing official or ALJ.

    (a) A reviewing official or ALJ in a particular case may disqualify 
himself or herself at any time.
    (b) A party may file with the ALJ a motion for disqualification of a 
reviewing official or ALJ. Such motion shall be accompanied by an 
affidavit alleging personal bias or other reason for disqualification.
    (c) Such motion and affidavit shall be filed promptly upon the 
party's discovery of reasons requiring disqualification, or such 
objections shall be deemed waived.
    (d) Such affidavit shall state specific facts that support the 
party's belief that personal bias or other reason for disqualification 
exists and the time and circumstances of the party's discovery of such 
facts. It shall be accompanied by a certificate of the representative of 
record that it is made in good faith.
    (e) Upon the filing of such a motion and affidavit, the ALJ shall 
proceed no further in the case until he or she resolves the matter of 
disqualification in accordance with paragraph (f) of this section.
    (f)(1) If the ALJ determines that the reviewing official is 
disqualified, the ALJ shall dismiss the complaint without prejudice.
    (2) If the ALJ disqualifies himself or herself, the case shall be 
reassigned promptly to another ALJ.
    (3) If the ALJ denies a motion to disqualify, the Director may 
determine the matter only as part of his or her review of the initial 
decision upon appeal, if any.



Sec. 521.17  Rights of parties.

    Except as otherwise limited by this part, all parties may:
    (a) Be accompanied, represented, and advised by a representative;
    (b) Participate in any conference held by the ALJ;
    (c) Conduct discovery;
    (d) Agree to stipulations of fact or law, which shall be made part 
of the record;
    (e) Present evidence relevant to the issues at the hearing;
    (f) Present and cross-examine witnesses;
    (g) Present oral arguments at the hearing as permitted by the ALJ; 
and
    (h) Submit written briefs and proposed findings of fact and 
conclusions of law after the hearing.



Sec. 521.18  Authority of the ALJ.

    (a) The ALJ shall conduct a fair and impartial hearing, avoid delay, 
maintain order, and assure that a record of the proceeding is made.
    (b) The ALJ may:
    (1) Set and change the date, time and place of the hearing upon 
reasonable notice to the parties;
    (2) Continue or recess the hearing in whole or in part for a 
reasonable period of time;
    (3) Hold conferences to identify or simplify the issues, or to 
consider other matters that may aid in the expeditious disposition of 
the proceeding;
    (4) Administer oaths and affirmations;
    (5) Issue subpoenas to be served within the United States requiring 
the attendance of witnesses and the production of documents at 
depositions or at hearings. Subpoenas to be served outside the 
jurisdiction of the United States shall state on their face the 
authority therefore;
    (6) Rule on motions and other procedural matters;

[[Page 275]]

    (7) Regulate the scope and time of discovery;
    (8) Regulate the course of the hearing and the conduct of 
representatives and parties;
    (9) Examine witnesses;
    (10) Receive, rule on, exclude, or limit evidence;
    (11) Upon motion of a party, take official notice of facts;
    (12) Upon motion of a party, decide cases, in whole or in part, by 
summary judgment where there is no disputed issue of material fact;
    (13) Conduct any conference, argument, or hearing on motions in 
person or by telephone; and
    (14) Exercise such other authority as is necessary to carry out the 
responsibilities of the ALJ under this part.
    (c) The ALJ does not have the authority to find treaties and other 
international agreements or Federal Statutes or regulations invalid.



Sec. 521.19  Prehearing conferences.

    (a) The ALJ may schedule prehearing conferences as appropriate.
    (b) Upon the motion of any party, the ALJ shall schedule at least 
one prehearing conference at a reasonable time in advance of the 
hearing.
    (c) The ALJ may use prehearing conferences to discuss the following:
    (1) Simplification of the issues;
    (2) The necessity or desirability of amendments to the pleadings, 
including the need for a more definite statement;
    (3) Stipulations and admissions of fact or as to the contents and 
authenticity of documents;
    (4) Whether the parties can agree to submission of the case on a 
stipulated record;
    (5) Whether a party chooses to waive appearance at an oral hearing 
and to submit only documentary evidence (subject to the objection of 
other parties) and written argument;
    (6) Limitation of the number of witnesses;
    (7) Scheduling dates for the exchange of witness lists and of 
proposed exhibits;
    (8) Discovery;
    (9) The time and place for the hearing; and
    (10) Such other matters as may tend to expedite the fair and just 
disposition of the proceedings.
    (d) The ALJ shall issue an order containing all matters agreed upon 
by the parties or ordered by the ALJ at a prehearing conference.



Sec. 521.20  Disclosure of documents.

    (a) Upon written request to the reviewing official, the defendant 
may review any relevant and material documents, transcripts, records, 
and other materials that relate to the allegations set out in the 
complaint and upon which the findings and conclusions of the 
investigating official under Sec. 521.4(b) are based, unless such 
documents are subject to a privilege under Federal law. Upon payment of 
fees for duplication, the defendant may obtain copies of such documents.
    (b) Upon written request to the reviewing official, the defendant 
also may obtain a copy of all exculpatory information in the possession 
of the reviewing official or investigating official relating to the 
allegations in the complaint, even if it is contained in a document that 
would otherwise be privileged. If the document would otherwise be 
privileged, only that portion containing exculpatory information must be 
disclosed.
    (c) The notice sent to the Attorney General from the reviewing 
official as described in Sec. 521.5 is not discoverable under any 
circumstances.
    (d) The defendant may file a motion to compel disclosure of the 
doucment subject to the provisions of this section. Such a motion may 
only be filed with the ALJ following the filing of an answer pursuant to 
Sec. 521.9.



Sec. 521.21  Discovery.

    (a) The following types of discovery are authorized:
    (1) Requests for production of documents for inspection and copying;
    (2) Requests for admissions of the authenticity of any relevant 
document or the truth of any relevant fact;
    (3) Written interrogatories; and
    (4) Depositions.

[[Page 276]]

    (b) For the purpose of this section and Sec. 521.22 and Sec. 521.23, 
the term ``documents'' includes information, documents, reports, 
answers, records, accounts, papers, and other data and documentary 
evidence. Nothing contained herein shall be interpreted to require the 
creation of a document.
    (c) Unless mutually agreed to by the parties, discovery is available 
only as ordered by the ALJ. The ALJ shall regulate the timing of 
discovery.
    (d) Motions for discovery. (1) A party seeking discovery may file a 
motion with the ALJ. Such a motion shall be accompanied by a copy of the 
requested discovery, or in the case of depositions, a summary of the 
scope of the proposed deposition.
    (2) Within ten days of service a party may file an opposition to the 
motion and/or a motion for protective order as provided Sec. 521.24.
    (3) The ALJ may grant a motion for discovery only if the ALJ finds 
that the discovery sought:
    (i) Is necessary for the expeditious, fair, and reasonable 
consideration of the issues;
    (ii) Is not unduly costly or burdensome;
    (iii) Will not unduly delay the proceeding; and
    (iv) Does not seek privileged information.
    (4) The burden of showing that discovery should be allowed is on the 
party seeking discovery.
    (5) The ALJ may grant discovery subject to a protective order under 
Sec. 521.24.
    (e) Deposition. (1) If a motion for deposition is granted, the ALJ 
shall issue a subpoena for the deponent, which may require the deponent 
to produce documents. The subpoena shall specify the time and place at 
which the deposition will be held.
    (2) The party seeking to depose shall serve the subpoena in the 
manner prescribed in Sec. 521.8.
    (3) The deponent may file with the ALJ a motion to quash the 
subpoena or a motion for a protective order within ten days of service.
    (4) The party seeking to depose shall provide for the taking of a 
verbatim transcript of the deposition which it shall make available to 
all other parties for inspection and copying.
    (f) Each party shall bear its own costs of discovery.



Sec. 521.22  Exchange of witness lists, statements and exhibits.

    (a) At least 15 days before the hearing or at such other time as may 
be ordered by the ALJ, the parties shall exchange witness lists, copies 
of prior statements of proposed witnesses, and copies of proposed 
hearing exhibits, including copies of any written statements that the 
party intends to offer in lieu of live testimony in accordance with 
Sec. 521.33(b). At the time the above documents are exchanged, any party 
that intends to rely on the transcript of deposition testimony in lieu 
of live testimony at the hearing, if permitted by the ALJ, shall provide 
each party with a copy of the specific pages of the transcript it 
intends to introduce into evidence.
    (b) If a party objects, the ALJ shall not admit into evidence the 
testimony of any witness whose name does not appear on the witness list 
or any exhibit not provided to the opposing party as provided above, 
unless the ALJ finds good cause for the failure or that there is no 
prejudice to the objecting party.
    (c) Unless another party objects within the time set by the ALJ, 
documents exchanged in accordance with paragraph (a) of this section 
shall be deemed to be authentic for the purpose of admissibility at the 
hearing.



Sec. 521.23  Subpoenas for attendance at hearing.

    (a) A party wishing to procure the appearance and testimony of any 
individual at the hearing may request that the ALJ issue a subpoena.
    (b) A subpoena requiring the attendance and testimony of an 
individual may also require the individual to produce documents at the 
hearing.
    (c) A party seeking a subpoena shall file a written request therefor 
not less than 15 days before the date fixed for the hearing unless 
otherwise allowed by the ALJ for good cause shown. Such request shall 
specify any documents to be produced and shall designate the witnesses 
and describe the address and location thereof with sufficient 
particularity to permit such witnesses to be found.

[[Page 277]]

    (d) The subpoena shall specify the time and place at which the 
witness is to appear and any documents the witness is to produce.
    (e) The party seeking the subpoena shall serve it in the manner 
prescribed in Sec. 521.8. A subpoena on a party or upon an individual 
under the control of a party may be served by first class mail.
    (f) A party or individual to whom the subpoena is directed may file 
with the ALJ a motion to quash the subpoena within ten days after 
service or on or before the time specified in the subpoena for 
compliance if it is less than ten days after service.



Sec. 521.24  Protective order.

    (a) A party or a prospective witness or deponent may file a motion 
for a protective order with respect to discovery sought by an opposing 
party or, with respect to the hearing, seeking to limit the availability 
or disclosure of evidence.
    (b) In issuing a protective order, the ALJ may make any order which 
justice requires to protect a party or person from annoyance, 
embarrassment, oppression, or undue burden or expense, including one or 
more of the following:
    (1) That the discovery not be had;
    (2) That the discovery may be had only on specified terms and 
conditions, including a designation of the time or place;
    (3) That the discovery may be had only through a method of discovery 
other than that requested;
    (4) That certain matters not be inquired into, or that the scope of 
discovery be limited to certain matters;
    (5) That discovery be conducted with no one present except persons 
designated by the ALJ;
    (6) That the contents of discovery or evidence be sealed;
    (7) That a deposition after being sealed be opened only by order of 
the ALJ;
    (8) That a trade secret or other confidential research, development, 
commercial information, or facts pertaining to any criminal 
investigation, proceeding or other administrative investigation not be 
disclosed or be disclosed only in a designated way; or
    (9) That the parties simultaneously file specified documents or 
information enclosed in sealed envelopes to be opened as directed by the 
ALJ.



Sec. 521.25  Fees.

    The party requesting a subpoena shall pay the cost of the fee and 
mileage of any witness subpoenaed in the amounts that would be payable 
to a witness in a proceeding in the United States District Court. A 
check for witness fees and mileage shall accompany the subpoena when 
served, except that when a subpoena is issued on behalf of USIA, a check 
for witness fees and mileage need not accompany the subpoena.



Sec. 521.26  Form, filing and service of papers.

    (a) Form. (1) Documents filed with the ALJ shall include an original 
and two copies.
    (2) Every pleading and paper filed in the proceeding shall contain a 
caption setting forth the title of the action, the case number assigned 
by the ALJ, and a designation of the paper (e.g., motion to quash 
subpoena), and shall be in English or accompanied by an English 
translation.
    (3) Every pleading and paper shall be signed by, and shall contain 
the address and telephone number of, the party or the person on whose 
behalf the paper was filed, or his or her representative.
    (4) Papers are considered filed when they are mailed. Date of 
mailing may be established by a certificate from the party or its 
representative or by proof that the document was sent by certified or 
registered mail.
    (b) Service. A party filing a document with the ALJ shall, at the 
time of filing, serve a copy of such document on every other party. 
Service upon any party of any document other than those required to be 
served as prescribed in Sec. 521.8, shall be made by delivering a copy 
or by placing a copy of the document in the United States mail, postage 
prepaid, and addressed to the party's last known address. When a party 
is represented by a representative, service shall be made upon such 
representative in lieu of the actual party.

[[Page 278]]

    (c) Proof of service. A certificate of the individual serving the 
document by personal delivery or by mail, setting forth the manner of 
service, shall be proof of service.



Sec. 521.27  Computation of time.

    (a) In computing any period of time under this part or in an order 
issued hereunder, the time begins with the day following the act, event, 
or default, and includes the last day of the period, unless it is a 
Saturday, Sunday, or legal holiday observed by the Federal Government, 
in which event it includes the next business day.
    (b) When the period of time allowed is less than seven days, 
intermediate Saturdays, Sundays, and legal holidays observed by the 
Federal Government shall be excluded from the computation.
    (c) Where a document has been served or issued by placing it in the 
mail, an additional five days will be added to the time permitted for 
any response.



Sec. 521.28  Motions.

    (a) Any application to the ALJ for an order or ruling shall be by 
motion. Motions shall state the relief sought, the authority relied 
upon, and the facts alleged, and shall be filed with the ALJ and served 
on all other parties.
    (b) Except for motions made during a prehearing conference or at the 
hearing, all motions shall be in writing. The ALJ may require that oral 
motions be reduced to writing.
    (c) Within 15 days after a written motion is served, or such other 
time as may be fixed by the ALJ, any party may file a response to such 
motion.
    (d) The ALJ may not grant a written motion before the time for 
filing responses thereto has expired, except upon consent of the parties 
or following a hearing on the motion, but may overrule or deny such 
motion without awaiting a response.
    (e) The ALJ shall make a reasonable effort to dispose of all 
outstanding motions prior to the beginning of the hearing.



Sec. 521.29  Sanctions.

    (a) The ALJ may sanction a person, including any party or 
representative for:
    (1) Failing to comply with an order, rule, or procedure governing 
the proceeding;
    (2) Failing to prosecute or defend an action; or
    (3) Engaging in other misconduct that interferes with the speedy, 
orderly, or fair conduct of the hearing.
    (b) Any such sanction, including but not limited to those listed in 
paragraphs (c), (d), and (e) of this section, shall reasonably relate to 
the severity and nature of the failure or misconduct.
    (c) When a party fails to comply with an order, including an order 
for taking a deposition, the production of evidence within the party's 
control, or a request for admission, the ALJ may:
    (1) Draw an inference in favor of the requesting party with regard 
to the information sought;
    (2) In the case of requests for admission, deem each matter of which 
an admission is requested to be admitted;
    (3) Prohibit the party failing to comply with such order from 
introducing evidence concerning, or otherwise relying upon, testimony 
relating to the information sought; and
    (4) Strike any part of the pleadings or other submissions of the 
party failing to comply with such request.
    (d) If a party fails to prosecute or defend an action under this 
part commenced by service of a notice of hearing, the ALJ may dismiss 
the action or may issue an initial decision imposing penalties and 
assessments.
    (e) The ALJ may refuse to consider any motion, request, response, 
brief or other document which is not filed in a timely fashion.



Sec. 521.30  The hearing and burden of proof.

    (a) The ALJ shall conduct a hearing on the record in order to 
determine whether the defendant is liable for a civil penalty or 
assessment under Sec. 521.3, and if so, the appropriate amount of any 
such civil penalty or assessment considering any aggravating or 
mitigating factors.
    (b) USIA shall prove defendant's liability and any aggravating 
factors by a preponderance of the evidence.
    (c) The defendant shall prove any affirmative defenses and any 
mitigating

[[Page 279]]

factors by a preponderance of the evidence.
    (d) The hearing shall be open to the public unless otherwise ordered 
by the ALJ for good cause shown.



Sec. 521.31  Determining the amount of penalties and assessments.

    (a) In determining an appropriate amount of civil penalties and 
assessments, the ALJ and the Director, upon appeal, should evaluate any 
circumstances that mitigate or aggravate the violation and should 
articulate in their opinions the reasons that support the penalties and 
assessments they impose. Because of the intangible costs of fraud, the 
expense of investigating such conduct, and the need to deter others who 
might be similarly tempted, ordinarily double damages and a significant 
civil penalty should be imposed.
    (b) Although not exhaustive, the following factors are among those 
that may influence the ALJ and the Director in determining the amount of 
penalties and assessments to impose with respect to the misconduct 
(i.e., the false, fictitious, or fraudulent claims or statements) 
charged in the complaint:
    (1) The number of false, fictitious, or fraudulent claims or 
statements;
    (2) The time period over which such claims or statements were made;
    (3) The degree of the defendant's culpability with respect to the 
misconduct;
    (4) The amount of money or the value of the property, services, or 
benefit falsely claimed;
    (5) The value of the Government's actual loss as a result of the 
misconduct, including foreseeable consequential damages and the costs of 
investigation;
    (6) The relationship of the amount imposed as civil penalties to the 
amount of the Government's loss;
    (7) The potential or actual impact of the misconduct upon national 
defense, public health or safety, or public confidence in the management 
of Government programs and operations, including particularly the impact 
on the intended beneficiaries of such programs;
    (8) Whether the defendant has engaged in a pattern of the same or 
similar misconduct;
    (9) Whether the defendant attempted to conceal the misconduct;
    (10) The degree to which the defendant has involved others in the 
misconduct or in concealing it;
    (11) Where the misconduct of employees of agents is imputed to the 
defendant, the extent to which the defendant's practices fostered or 
attempted to preclude such misconduct;
    (12) Whether the defendant cooperated in or obstructed an 
investigation of the misconduct;
    (13) Whether the defendant assisted in identifying and prosecuting 
other wrongdoers;
    (14) The complexity of the program or transaction, and the degree of 
the defendant's sophistication with respect to it, including the extent 
of defendant's prior participation in the program or in similar 
transactions;
    (15) Whether the defendant has been found, in any criminal, civil, 
or administrative proceeding, to have engaged in similar misconduct or 
to have dealt dishonestly with the Government of the United States or of 
a State, directly or indirectly; and
    (16) The need to deter the defendant and others from engaging in the 
same or similar misconduct.
    (c) Nothing in this section shall be construed to limit the ALJ or 
the Director from considering any other factors that in any given case 
may mitigate or aggravate the offense for which penalties and 
assessments are imposed.



Sec. 521.32  Location of hearing.

    (a) The hearing may be held:
    (1) In any judicial district of the United States in which the 
defendant resides or transacts business;
    (2) In any judicial district of the United States in which the claim 
or statement in issue was made; or
    (3) In such other place as may be agreed upon by the defendant and 
the ALJ.
    (b) Each party shall have the opportunity to present arguments with 
respect to the location of the hearing.
    (c) The hearing shall be held at the place and at the time ordered 
by the ALJ.

[[Page 280]]



Sec. 521.33  Witnesses.

    (a) Except as provided in paragraph (b) of this section, testimony 
at the hearing shall be given orally by witnesses under oath or 
affirmation.
    (b) At the discretion of the ALJ, testimony may be admitted in the 
form of a written statement or deposition. Any such written statement 
must be provided to all other parties along with the last known address 
of such witness, in a manner which allows sufficient time for other 
parties to subpoena such witness for cross-examination at the hearing. 
Prior written statements of witnesses proposed to testify at the hearing 
and deposition transcripts shall be exchanged as provided in 
Sec. 521.22(a).
    (c) The ALJ shall exercise reasonable control over the mode and 
order of interrogating witnesses and presenting evidence so as to
    (1) Make the interrogation and presentation effective for the 
ascertainment of the truth,
    (2) Avoid needless consumption of time, and
    (3) Protect witnesses from harassment or undue embarrassment.
    (d) The ALJ shall permit the parties to conduct such cross-
examination as may be required for a full and true disclosure of the 
facts.
    (e) At the discretion of the ALJ, a witness may be cross-examined on 
matters relevant to the proceeding without regard to the scope of his or 
her direct examination. To the extent permitted by the ALJ, cross-
examination on matters outside the scope of direct examination shall be 
conducted in the manner of direct examination and may proceed by leading 
questions only if the witness is a hostile witness, an adverse party, or 
a witness identified with an adverse party.
    (f) Upon motion of any party, the ALJ shall order witnesses excluded 
so that they cannot hear the testimony of other witnesses. This rule 
does not authorize exclusion of:
    (1) A party who is an individual;
    (2) In the case of a party that is not an individual, an officer or 
employee of the party appearing for the entity pro se or designated by 
the party's representative; or
    (3) An individual whose presence is shown by a party to be essential 
to the presentation of its case, including an individual employed by the 
Government engaged in assisting the representative for the Government.



Sec. 521.34  Evidence.

    (a) The ALJ shall determine the admissibility of evidence.
    (b) Except as provided in this part, the ALJ shall not be bound by 
the Federal Rules of Evidence. However, the ALJ may apply the Federal 
Rules of Evidence, where appropriate (e.g., to exclude unreliable 
evidence).
    (c) The ALJ shall exclude irrelevant and immaterial evidence.
    (d) Although relevant, evidence may be excluded if its probative 
value is substantially outweighed by the danger of unfair prejudice, 
confusion of the issues, or by consideration of undue delay or needless 
presentation of cumulative evidence.
    (e) Although relevant, evidence may be excluded if it is privileged 
under Federal law.
    (f) Evidence concerning offers of compromise or settlement shall be 
inadmissible to the extent provided in Rule 408 of the Federal Rules of 
Evidence.
    (g) The ALJ shall permit the parties to introduce rebuttal witnesses 
and evidence.
    (h) All documents and other evidence offered or taken for the record 
shall be open to examination by all parties, unless otherwise ordered by 
the ALJ pursuant to Sec. 521.24.



Sec. 521.35   The record.

    (a) The hearing will be recorded and transcribed. Transcripts may be 
obtained following the hearing from the ALJ at a cost not to exceed the 
actual cost of duplication.
    (b) The transcript of testimony, exhibits and other evidence 
admitted at the hearing, and all papers and requests filed in the 
proceeding constitute the record for the decision by the ALJ and the 
Director.
    (c) The record of the hearing may be inspected and copied (upon 
payment of a reasonable fee) by anyone, unless otherwise ordered by the 
ALJ pursuant to Sec. 521.24.

[[Page 281]]



Sec. 521.36   Post-hearing briefs.

    The ALJ may require the parties to file post-hearing briefs. In any 
event, any party may file a post-hearing brief. The ALJ shall fix the 
time for filing briefs, at a time not exceeding 60 days from the date 
the parties receive the transcript of the hearing or, if applicable, the 
stipulated record. Such briefs may be accompanied by proposed findings 
of fact and conclusions of law. The ALJ may permit the parties to file 
reply briefs.



Sec. 521.37   Initial decision.

    (a) The ALJ shall issue an initial decision based only on the 
record, which shall contain findings of fact, conclusions of law, and 
the amount of any penalties and assessments imposed.
    (b) The findings of fact shall include a finding on each of the 
following issues:
    (1) Whether the claims or statements identified in the complaint, or 
any portion thereof, violate Sec. 521.3;
    (2) If the person is liable for penalties or assessments, the 
appropriate amount of any such penalties or assessments, considering any 
mitigating or aggravating factors that he or she finds in the case, such 
as those described in Sec. 521.31.
    (c) The ALJ shall promptly serve the initial decision on all parties 
within 90 days after the time for submission of post-hearing briefs and 
reply briefs (if permitted) has expired. The ALJ shall at the same time 
serve all parties with a statement describing the right of any defendant 
determined to be liable for a civil penalty or assessment to file a 
motion for reconsideration with the ALJ or a notice of appeal with the 
Director. If the ALJ fails to meet the deadline contained in this 
paragraph, he or she shall notify the parties of the reason for the 
delay and shall set a new deadline.
    (d) Unless the initial decision of the ALJ is timely appealed to the 
Director, or a motion for reconsideration of the initial decision is 
timely filed, the initial decision shall constitute the final decision 
of the Director and shall be final and binding on the parties 30 days 
after it is issued by the ALJ.



Sec. 521.38   Reconsideration of initial decision.

    (a) Except as provided in paragraph (d) of this section, any party 
may file a motion for reconsideration of the initial decision within 20 
days of receipt of the initial decision. If service was made by mail, 
receipt will be presumed to be five days from the date of mailing in the 
absence of contrary proof.
    (b) Every such motion must set forth the matters claimed to have 
been erroneously decided and the nature of the alleged errors. Such 
motion shall be accompanied by a supporting brief.
    (c) Responses to such motions shall be allowed only upon request of 
the ALJ.
    (d) No party may file a motion for reconsideration of an initial 
decision that has been revised in response to a previous motion for 
reconsideration.
    (e) The ALJ may dispose of a motion for reconsideration by denying 
it or by issuing a revised initial decision.
    (f) If the ALJ denies a motion for reconsideration, the initial 
decision shall constitute the final decision of the Director and shall 
be final and binding on the parties 30 days after the ALJ denies the 
motion, unless the initial decision is timely appealed to the Director 
in accordance with Sec. 521.39.
    (g) If the ALJ issues a revised initial decision, that decision 
shall constitute the final decision of the Director and shall be final 
and binding on the parties 30 days after it is issued, unless it is 
timely appealed to the Director in accordance with Sec. 521.39.



Sec. 521.39   Appeal to the USIA Director.

    (a) Any defendant who has filed a timely answer and who is 
determined in an initial decision to be liable for a civil penalty or 
assessment may appeal such decision to the USIA Director by filing a 
notice of appeal with the USIA Director in accordance with this section.
    (b)(1) No notice of appeal may be filed until the time period for 
filing a motion for reconsideration under Sec. 521.38 has expired.
    (2) If a motion for reconsideration is timely filed, a notice of 
appeal may be filed within 30 days after the ALJ denies the motion or 
issues a revised initial decision, whichever applies.

[[Page 282]]

    (3) If no motion for reconsideration is timely filed, a notice of 
appeal must be filed within 30 days after the ALJ issues the initial 
decision.
    (4) The Director may extend the initial 30-day period for an 
additional 30 days if the defendant files with the Director a request 
for an extension within the initial 30-day period and shows good cause.
    (c) If the defendant files a timely notice of appeal with the 
Director, and the time for filing motions for reconsideration under 
Sec. 521.38 has expired, the ALJ shall forward the record of the 
proceeding to the Director.
    (d) A notice of appeal shall be accompanied by a written brief 
specifying exceptions to the initial decisions and reasons supporting 
the exceptions.
    (e) The representative for the Government may file a brief in 
opposition to exceptions within 30 days of receiving the notice of 
appeal and accompanying brief.
    (f) There is no right to appear personally before the Director.
    (g) There is no right to appeal any interlocutory ruling by the ALJ.
    (h) In reviewing the initial decision, the Director shall not 
consider any objection that was not raised before the ALJ unless a 
demonstration is made of extraordinary circumstances causing the failure 
to raise the objection.
    (i) If any party demonstrates to the satisfaction of the Director 
that additional evidence not presented at such hearing is material and 
that there were reasonable grounds for the failure to present such 
evidence at such hearing, the Director shall remand the matter to the 
ALJ for consideration of such additional evidence.
    (j) The Director may affirm, reduce, reverse, compromise, remand, or 
settle any penalty or assessment determined by the ALJ in an initial 
decision.
    (k) The Director shall promptly serve each party to the appeal with 
a copy of her/his decision and a statement describing the right of any 
person determined to be liable for a penalty or assessment to seek 
judicial review.
    (l) Unless a petition for review is filed as provided in 31 U.S.C. 
3805 after a defendant has exhausted all administrative remedies under 
this part and within 60 days after the date on which the Director serves 
the defendant with a copy of her/his decision, a determination that a 
defendant is liable under Sec. 521.3 is final and is not subject to 
judicial review.



Sec. 521.40  Stays ordered by the Department of Justice.

    If at any time the Attorney General or an Assistant Attorney General 
designated by the Attorney General transmits to the Director a written 
finding that continuation of the administrative process described in 
this part with respect to a claim or statement may adversely affect any 
pending or potential criminal or civil action related to such claim or 
statement, the Director shall stay the process immediately. The Director 
may order the process resumed only upon receipt of the written 
authorization of the Attorney General.



Sec. 521.41  Stay pending appeal.

    (a) An initial decision is stayed automatically pending disposition 
of a motion for reconsideration or of an appeal to the Director.
    (b) No administrative stay is available following a final decision 
of the Director.



Sec. 521.42  Judicial review.

    Section 3805 of title 31, United States Code, authorizes judicial 
review by an appropriate United States District Court of a final 
decision of the Director imposing penalties or assessments under this 
part and specifies the procedures for such.



Sec. 521.43  Collection of civil penalties and assessments.

    Sections 3806 and 3808(b) of title 31, United States Code, authorize 
actions for collection of civil penalties and assessments imposed under 
this part and specify the procedures for such actions.



Sec. 521.44  Right to administrative offset.

    The amount of any penalty or assessment which has become final, or 
for which a judgment has been entered under Sec. 521.42 or Sec. 521.43, 
or any amount agreed upon in a compromise or settlement under 
Sec. 521.46, may be collected by administrative offset under 31 U.S.C. 
3716, except that an administrative offset may not be made under the

[[Page 283]]

subsection against a refund of an overpayment of Federal taxes, then or 
later owing by the United States to the defendant.



Sec. 521.45  Deposit in Treasury of United States.

    All amounts collected pursuant to this part shall be deposited as 
miscellaneous receipts in the Treasury of the United States, except as 
provided in 31 U.S.C. 3806(g).



Sec. 521.46  Compromise or settlement.

    (a) Parties may make offers of compromise or settlement at any time.
    (b) The reviewing official has the exclusive authority to compromise 
or settle a case under this part at any time after the date on which the 
reviewing official is permitted to issue a complaint and before the date 
on which the ALJ issues an initial decision.
    (c) The Director has exclusive authority to compromise or settle a 
case under this part at any time after the date on which the ALJ issues 
an initial decision, except during pendency of any review under 
Sec. 521.42 or during the pendency of any action to collect penalties 
and assessments under Sec. 521.43.
    (d) The Attorney General has exclusive authority to compromise or 
settle a case under this part during the pendency of any review under 
Sec. 521.42 or of any action to recover penalties and assessments under 
31 U.S.C. 3806.
    (e) The investigating official may recommend settlement terms to the 
reviewing official, the Director, or the Attorney General, as 
appropriate. The reviewing official may recommend settlement terms to 
the Director, or the Attorney General, as appropriate.
    (f) Any compromise or settlement must be in writing.



Sec. 521.47  Limitations.

    (a) The notice of hearing with respect to a claim or statement must 
be served in the manner specified in Sec. 521.8 within 6 years after the 
date on which such claim or statement is made.
    (b) If the defendant fails to file a timely answer, service of a 
notice under Sec. 521.10(b) shall be deemed notice of hearing for 
purposes of this section.
    (c) The statute of limitations may be extended by agreement of the 
parties.



PART 525--ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents




Sec.
525.1  General.
525.2  Action on receipt of information regarding violation.
525.3  Initiation of administrative disciplinary proceeding.
525.4  Notice.
525.5  Failure to request hearing.
525.6  Appointment and qualifications of examiner.
525.7  Time, date and place of hearing.
525.8  Rights of parties at hearing.
525.9  Burden of proof.
525.10  Findings.
525.11  Appeal.
525.12  Finding of violation.
525.13  Appropriate action.
525.14  Judicial review.
525.15  Delegation of authority.
525.16  Administrative and secretarial support.

    Authority: 18 U.S.C. 207(j).

    Source: 45 FR 28, Jan. 2, 1980, unless otherwise noted.



Sec. 525.1  General.

    The following procedures are hereby established with respect to the 
administrative enforcement of restrictions on post-employment activities 
(18 U.S.C. 207(a), (b) or (c)) and implementing regulations (44 FR 19987 
and 19988, April 3, 1979) published by the Office of Government Ethics.



Sec. 525.2  Action on receipt of information regarding violation.

    On receipt of information regarding a possible violation of the 
statutory or regulatory post-employment restrictions by a former 
employee and after determining that such information does not appear to 
be frivolous, the Director or the Director's designee shall provide such 
information to the Director of the Office of Government Ethics and to 
the Criminal Division, Department of Justice. Any investigation or 
administrative action shall be coordinated with the Department of 
Justice to avoid prejudicing possible criminal proceedings. If the 
Department of Justice informs the Agency that it does not intend to 
institute criminal proceedings, such coordination shall no longer be 
required and the Director or

[[Page 284]]

his or her designee is free to decide whether to pursue administrative 
action.



Sec. 525.3  Initiation of administrative disciplinary proceeding.

    Whenever the Director or the Director's designee determines after 
appropriate review that there is reasonable cause to believe that a 
former Government employee has violated the statutory or regulatory 
post-employment restrictions, an administrative disciplinary proceeding 
shall be initiated.



Sec. 525.4  Notice.

    The Director or the Director's designee shall initiate an 
administrative disciplinary hearing by providing the former Government 
employee with notice of an intention to institute a proceeding and an 
opportunity for a hearing. Notice must include:
    (a) A statement of allegations and the basis thereof sufficiently 
detailed to enable the former Government employee to prepare an adequate 
defense;
    (b) Notification of the right to a hearing; and
    (c) An explanation of the method by which a hearing may be 
requested.



Sec. 525.5  Failure to request hearing.

    The Director may take appropriate action in the case of any former 
Government employee who has failed to request a hearing after receiving 
adequate notice.



Sec. 525.6  Appointment and qualifications of examiner.

    When a former Government employee after receiving adequate notice 
requests a hearing, a presiding official (hereinafter referred to as 
``examiner'') shall be appointed by the Director to make an initial 
decision. The examiner shall be a member of the bar of a State or of the 
District of Columbia, who is impartial and who has not participated in 
any manner in the decision to initiate the proceedings.

[46 FR 18972, Mar. 27, 1981]



Sec. 525.7  Time, date and place of hearing.

    The examiner shall establish a reasonable time, date and place to 
conduct the hearing. In establishing a date, the examiner shall give due 
regard to the former employee's need for:
    (a) Adequate time to prepare a defense properly, and
    (b) An expeditious resolution of allegations that may be damaging to 
his or her reputation.



Sec. 525.8  Rights of parties at hearing.

    A hearing shall include, at a minimum, the following rights for both 
parties:
    (a) To represent oneself or to be represented by counsel;
    (b) To introduce and to examine witnesses and to submit physical 
evidence (including the use of interrogatories);
    (c) To confront and to cross-examine adverse witnesses;
    (d) To present oral argument; and
    (e) To receive a transcript or recording of the proceedings on 
request.

[45 FR 28, Jan. 2, 1980, as amended at 46 FR 18972, Mar. 27, 1981]



Sec. 525.9  Burden of proof.

    In any hearing the Agency shall have the burden of proof and must 
establish substantial evidence of a violation.



Sec. 525.10  Findings.

    The examiner shall make a determination exclusively on matters of 
record in the proceeding and shall set forth in the written decision all 
findings of fact and conclusions of law relevant to the matters in 
issue.



Sec. 525.11  Appeal.

    Within twenty days of the date of the initial decision, either party 
may appeal the decision to the Director. The Director shall base his or 
her decision on such appeal solely on the record of the proceedings or 
those portions thereof cited by the parties to limit the issues.



Sec. 525.12  Finding of violation.

    The Director shall take appropriate action in the case of an 
individual who is found in violation of the statutory or regulatory 
post-employment restrictions, after a final administrative decision.

[[Page 285]]



Sec. 525.13  Appropriate action.

    Appropriate actions mentioned in Secs. 525.2 and 525.12 include:
    (a) Prohibiting the individual from making, on behalf of any other 
person (except the United States), any formal or informal appearance 
before, or with the intent to influence, any oral or written 
communication to, the Agency on any matter of business for a period not 
to exceed five years, which may be accomplished by directing Agency 
employees to refuse to participate in any such appearance or to accept 
any such communication.
    (b) Taking other appropriate disciplinary action.



Sec. 525.14  Judicial review.

    Any person found to have participated in a violation of statutory or 
regulatory post-employment restrictions (18 U.S.C. 207(a), (b) or (c) or 
the regulations compiled in part 737 of title 5 of the Code of Federal 
Regulations) may seek judicial review of the administrative 
determination.

[46 FR 18972, Mar. 27, 1981]



Sec. 525.15  Delegation of authority.

    The functions of the Director specified in Secs. 525.2 through 525.6 
are delegated to the General Counsel of the United States Information 
Agency. An examiner shall be delegated authority on an ad hoc basis.



Sec. 525.16  Administrative and secretarial support.

    The Examiner shall be provided administrative and secretarial 
support by the Director of Personnel.

[45 FR 28, Jan. 2, 1980, as amended at 51 FR 11016, Apr. 1, 1986]



PART 526--AVAILABILITY OF THE RECORDS OF THE NATIONAL ENDOWMENT FOR DEMOCRACY--Table of Contents




Sec.
526.1  Introduction.
526.2  Location of description of organization and substantive rules of 
          general applicability adopted as authorized by law, and 
          statements of general applicability formulated and adopted by 
          NED.
526.3  Places at which forms and instructions for use by the public may 
          be obtained.
526.4  Availability of final opinions, orders, policies, 
          interpretations, manuals, and instructions.
526.5  Availability of NED records.
526.6  Exemptions.
526.7  Limitation of exemptions.
526.8  Reports.

    Authority: 22 U.S.C. 4411 et seq.; Pub. L. 99-570, Secs. 1801-1804, 
100 Stat. 3207-48 (1986).

    Source: 51 FR 40162, Nov. 5, 1986, unless otherwise noted.



Sec. 526.1  Introduction.

    These regulations amend the Code of Federal Regulations to conform 
with Pub. L. 99-93. Pub. L. 99-93 amended the National Endowment for 
Democracy Act (22 U.S.C. 4411, et. seq.) to require the National 
Endowment for Democracy (hereinafter ``NED'') to comply fully with the 
provisions of the Freedom of Information Act (5 U.S.C. 552) (hereinafter 
``FOIA''), notwithstanding that NED is not an agency or establishment of 
the United States Government. NED will make information about its 
operation, organization, procedures and records available to the public 
in accordance with the provisions of FOIA.



Sec. 526.2  Location of description of organization and substantive rules of general applicability adopted as authorized by law, and statements of general 
          applicability formulated and adopted by NED.

    See 22 CFR part 527 for a description of the organization of NED and 
substantive rules of general applicability formulated and adopted by 
NED.



Sec. 526.3  Places at which forms and instructions for use by the public may be obtained.

    (a) All forms and instructions pertaining to procedures under FOIA 
may be obtained from the FOIA Officer of the National Endowment for 
Democracy, 1156 15th Street NW., Suite 304, Washington, DC 20005.
    (b) Grant guidelines may be obtained from the Program Office of NED 
to the address shown in paragraph (a) of this section.
    (c) General information may be obtained from the Public Affairs 
Office of

[[Page 286]]

NED at the address shown in paragraph (a) of this section.



Sec. 526.4  Availability of final opinions, orders, policies, interpretations, manuals and instructions.

    NED is not an adjudicatory organization and therefore does not issue 
final opinions and orders made in the adjudication of cases. NED will, 
however, in accordance with the rules in this section and Sec. 526.7, 
make available for public inspection and copying those statements of 
policy and interpretation that have been adopted by NED and are not 
published in the Federal Register, and administrative staff manuals and 
instructions to staff that affect any member of the public.
    (a) Deletion to protect privacy. To the extent required to prevent a 
clearly unwarranted invasion of personal privacy, NED may delete 
identifying details when it makes available or publishes a statement of 
policy, interpretation, or staff manual or instruction. Whenever NED 
finds any such deletion necessary, the responsible officer or employee 
must fully explain the justification therefor in writing.
    (b) Current index. NED will maintain and make available on its 
premises for public inspection and copying a current index providing 
identifying information for the public as to any matter issued, adopted 
or promulgated after July 4, 1967, and required by this section to be 
made available or published. NED will provide copies on request at a 
cost of $0.15 per page.



Sec. 526.5  Availability of NED records.

    Except with respect to the records made available under Sec. 526.4, 
NED will, upon request that reasonably describes records in accordance 
with the requirements of this section, and subject to the exemptions 
listed in 5 U.S.C. 552(b), make such records promptly available to any 
person.
    (a) Requests for records--How made and addressed. (1) Requesters 
seeking access to NED records under FOIA should direct all requests in 
writing to: Freedom of Information Act Officer, National Endowment for 
Democracy, 1156 15th Street, NW., Suite 304, Washington, DC 20005, (202) 
293-9072.

Although requesters are encouraged to make their requests for access to 
NED records directly to NED, requests for access to NED records also may 
be submitted to USIA's Office of General Counsel and Congressional 
Liaison at the following address: Freedom of Information/Privacy Acts 
Coordinator, U.S. Information Agency, Room M-04, 301 Fourth Street SW., 
Washington, DC 20547.
    (2) Appeals of denials of initial requests must be addressed to NED 
or USIA in the same manner, with the addition of the word ``APPEAL'' 
preceding the address on the envelope. Requests or appeals addressed 
directly to USIA's Office of the General Counsel and Congressional 
Liaison will not be deemed to have been received by NED for purposes of 
the time period set forth in 5 U.S.C. 552(a)(6)(A)(i) until actually 
received by NED. USIA shall forward any request or appeal received by it 
to NED within 2 working days from the actual day of receipt by USIA.
    (3) The request letter should contain all available data concerning 
the desired records, including a description of the material, dates, 
titles, authors, and other information that may help identify the 
records. The first paragraph of a request letter should state whether it 
is an initial request or an appeal.
    (b) Administrative time limits. (1) Within 10 working days after 
NED's receipt of any request for access to NED records in compliance 
with paragraph (a) of this section, NED shall make an initial 
determination whether to provide the requested information and NED shall 
notify the requester in writing of its initial determination. In the 
event of an adverse determination, notification shall include the 
reasons for the adverse determination, the officials responsible for 
such determination, the right of the requester to appeal within NED, and 
that the final determination by NED to deny a request for records in 
whole or in part shall be submitted to the Director of USIA for review. 
NED shall also provide USIA a copy of its response as soon as 
practicable after it responds to the requester.
    (2) When a request for records has been denied in whole or in part, 
the requester may, within 30 days of the date

[[Page 287]]

of receipt by the requester of the adverse determination from NED, 
appeal the denial to the President of NED or his designee, who will make 
a determination whether to grant or deny such appeal within 20 working 
days of receipt thereof. All appeals should be addressed in compliance 
with paragraph (a) of this section. If on appeal, the denial of the 
request for records is upheld, in whole or in part, NED shall notify the 
requester in writing of such determination, the reasons therefor, the 
officials responsible for such determination, the right of the requester 
to judicial review, and that the final determination by NED whether to 
deny a request for records in whole or in part shall be submitted to the 
Director of USIA for review.
    (3) If the requester elects not to appeal to the President of NED or 
his designee within the appeal period specified above, NED's initial 
determination will become the final NED determination upon expiration of 
said appeal period or receipt by NED of notice from the requester that 
he does not elect to appeal, whichever is earlier. If the requester 
chooses to appeal NED's initial determination within NED, the decision 
on appeal will become NED's final determination.
    (4)(i) Once NED's determination to deny a request in whole or in 
part becomes final, NED shall submit a report to the Director of USIA 
explaining the reasons for such denial no later than 5 working days 
thereafter.
    (ii) The Director of USIA shall review NED's final determination 
within 20 working days. If the Director of USIA or his designee approves 
NED's denial in whole or in part, USIA shall inform the requester and 
NED in writing of such determination, the reasons therefor, the 
officials responsible for such determination, and the right of the 
requester to judicial review of NED's determination. In the event of 
such a determination, USIA shall assume full responsibility, including 
financial responsibility, for defending NED in any litigation relating 
to such request.
    (iii) If the Director of USIA or his designee disapproves NED's 
denial in whole or in part, USIA shall promptly notify NED and 
thereafter NED shall promptly comply with the request for the pertinent 
records.
    (iv) Because review by the Director of USIA may resolve any dispute 
over access to NED records in the requester's favor, the requester is 
encouraged (but not required) to wait for the determination on review by 
the Director of USIA before seeking judicial review of NED's final 
determination.
    (5) In unusual circumstances as defined in 5 U.S.C. 552(a)(6)(B), 
the time limit provisions noted in paragraphs (b)(1) and (b)(2) of this 
section may be extended by written notice to the requester setting forth 
the reasons for such extension and the date on which a determination can 
be expected. Such extensions of the time limits may not exceed 10 
working days in the aggregate.
    (6) Any person making a request for records pursuant to Sec. 526.5 
may consider administrative remedies exhausted if NED fails to comply 
within the applicable time limit provisions of this section. When no 
determination can be dispatched within the applicable time limits set 
forth in this section, NED shall nevertheless continue to process the 
request. On the expiration of the time limit, NED shall inform the 
requester of the reason for the delay, of the date on which a 
determination may be expected to be dispatched, and of the requester's 
right to treat the delay as a denial and of the requester's right to 
appeal. NED may ask the requester to forego appeal until a determination 
is made. A copy of any such notice of delay will be sent to the Director 
of USIA or to his designee no later than 2 working days after it has 
been sent to the requester. A court may retain jurisdiction and allow 
NED additional time to complete its review of the records, if it can be 
determined that exceptional circumstances exist and that NED is 
exercising due diligence in responding to the request.
    (c) Definitions governing schedule of standard fees and fee waivers. 
For purposes of these regulations governing fees and fee waivers:
    (1) All of the terms defined in FOIA apply;
    (2) A statute specifically providing for setting the level of fees 
for particular types of records means any statute that

[[Page 288]]

specifically requires the NED to set the level of fees for particular 
types of records;
    (3) The term direct costs means those expenditures that NED actually 
incurs in searching for and duplicating (and in the case of commercial 
requesters, reviewing) documents, photographs, drawings or any other 
material to respond to a FOIA request. [Direct costs include the salary 
of the employee performing the work (the basic rate of pay for the 
employee plus 16% of that rate to cover benefits) and the cost of 
operating duplicating machinery. Not included in direct costs are 
overhead expenses such as costs of space, any heating or lighting, the 
facility in which the records are stored];
    (4) The term search includes all time spent looking for material 
that is responsive to a request, including page by page or line by line 
identification of material within documents. Searches shall be conducted 
to ensure that they are undertaken in the most efficient and least 
expensive manner so as to minimize costs for both NED and the requester. 
``Search'' is distinguished from ``review'' of material in order to 
determine whether the material is exempt from disclosure (see 
subparagraph (c)(6) below);
    (5) The term duplication refers to the process of making a copy of a 
document, drawing, photograph, or any other material necessary to 
respond to a FOIA request. The copy provided by NED will be in a form 
that is reasonably usable by requesters;
    (6) The term review refers to the process of examining documents 
that are located in response to a request that is for a commercial use 
(see subparagraph (c)(7) below) to determine whether any portion of any 
document located is permitted to be withheld. It also includes 
processing any documents for disclosure, e.q., doing all that is 
necessary to excise them and otherwise prepare them for release. Review 
does not include time spent resolving general legal or policy issues 
regarding the application of exemptions;
    (7) The term `commercial use' requests refers to a request from or 
on behalf of one who seeks information for a use or purpose that 
furthers the commercial, trade, or profit interests of the requester or 
the person on whose behalf the request is made. In determining whether a 
requester properly belongs in this category, NED will determine the use 
to which a requester will put the documents requested. Where NED has 
reasonable cause to doubt the use to which a requester will put the 
records sought, or where that use is not clear from the request itself, 
NED will seek additional clarification before assigning the request to a 
specific category;
    (8) The term educational institution refers to a preschool, a public 
or private elementary or secondary school, an institution of graduate 
higher education, an institution of undergraduate higher education, an 
institution of professional education, and an institution of vocational 
education, that operates a program or programs of scholarly study and/or 
research;
    (9) The term non-commercial scientific institution refers to an 
institution that is not operated on a ``commercial'' basis as that term 
is referenced in paragraph (c)(7) of this section and that is operated 
solely for the purpose of conducting scientific research, the results of 
which are not intended to promote any particular product or industry;
    (10) The term representative of the news media refers to any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public. The term ``news'' means 
information that is about current events or that would be of current 
interest to the public. Examples of news media entities include 
television or radio stations that broadcast to the public at large, and 
publishers of periodicals (but only in those instances when they can 
qualify as disseminators of ``news'') who make their products available 
for purchase or subscription by the general public. These examples are 
not intended to be all-inclusive. In the case of ``free-lance'' 
journalists, such journalists may be regarded as working for a news 
organization if they can demonstrate a solid basis for expecting 
publication through that organization even though they are not actually 
employed by a news organization. A publication contract would be the 
clearest

[[Page 289]]

proof, but NED will also look to the past publication record of a 
requester in making this determination.
    (d) Fees to be charged--general. NED shall charge fees that recoup 
the full allowable direct costs it incurs. NED shall use the most 
efficient and least costly methods to comply with requests for 
documents, drawings, photographs, and any other materials made under the 
FOIA.
    (e) Specific fees. The specific fees for which NED shall charge the 
requester when so required by the FOIA are as follows:
    (1) Manual searches for records--$8.00 per hour for clerical 
personnel; $15.00 per hour for supervisory personnel;
    (2) Computer searches for records--In any case where a computer 
search is possible and the most efficient means by which to conduct a 
search, NED will charge the cost of operating the central processing 
unit for that portion of operating time that is directly attributable to 
searching for records responsive to a FOIA request and the operator-
programmer salary apportionable to the search. The charge for the cost 
of the operator-programmer time shall be based on the salary of the 
operator-programmer plus 16 percent;
    (3) Review of records--Requesters who seek documents for commercial 
use shall be charged for the time NED spends reviewing records to 
determine whether such records are exempt from mandatory disclosure. 
These charges shall be assessed only for the initial review; i.e., the 
review undertaken the first time NED analyzes the applicability of a 
specific exemption to a particular record or portion of a record. 
Neither NED nor the United States Information Agency will charge for 
review at the administrative appeal level for an exemption already 
applied. However, NED will charge for review of records or portions of 
records withheld in full under an exemption that is subsequently 
determined not to apply. The fee for review as that term is used in 
these regulations shall be $15.00 per hour;
    (4) Duplication of records--(i) making photocopies--15 cents per 
page; (ii) for copies prepared by computer, such as tapes or printouts, 
NED shall charge the actual cost, including operator time, of production 
of the tape or printout; (iii) for other methods of reproduction or 
duplication, NED shall charge the actual direct costs of producing the 
document(s);
    (5) Other charges--(i) there shall be no fee for a signed statement 
of non-availability of a record; (ii) NED will not incur expenses 
arising out of sending records by special methods such as express mail;
    (6) Restrictions on assessing fees--With the exception of requesters 
seeking documents for a commercial use, section (a)(4)(A)(iv) of the 
Freedom of Information Act, as amended, requires NED to provide the 
first 100 pages of duplication and the first two hours of search time 
without charge. NED shall not charge fees to any requester, including 
commercial use requesters, if the cost of collecting a fee would be 
equal to or greater than the fee itself. NED will not begin to assess 
fees until it has first provided the above-referenced free search and 
reproduction. The elements to be considered in determining the ``cost of 
collecting a fee'' are the administrative costs to NED of receiving and 
recording a requester's remittance and processing the fee for deposit in 
NED's account. For purposes of these restrictions on assessment of fees, 
the word ``pages'' refers to paper copies of a standard size, which will 
normally be 8\1/2\ x 11 or 11 x 14. Thus, for example, requesters shall 
not be entitled to 100 microfiche or 100 computer disks without charge.
    (f) Fees to be charged--categories of requesters. There are four 
categories of FOIA requesters: commercial use requesters; educational 
and non-commercial scientific institutions; representatives of the news 
media; and all other requesters. The fees to be charged each of these 
categories of requesters are as follows:
    (1) Commercial use requesters--when NED receives a request for 
documents for commercial use, it shall assess charges that recover the 
full direct costs of searching for, reviewing for release, and 
duplicating the records sought. Commercial use requesters are entitled 
to neither two hours of free

[[Page 290]]

search time nor 100 free pages of reproduction of documents. NED shall 
recover the cost of searching for and reviewing records even if there is 
ultimately no disclosure of records. Requesters must reasonably describe 
the records sought;
    (2) Educational and non-commercial scientific institution 
requesters--NED shall provide documents to educational and non-
commercial scientific institution requesters for the cost of 
reproduction alone, excluding charges for the first 100 pages of 
duplication. To be eligible for inclusion in this category, requesters 
must show that the request is being made as authorized by and under the 
auspices of a qualifying institution and that the records are not sought 
for a commercial use, but are sought in furtherance of scholarly (if the 
request is from an educational institution) or scientific (if the 
request is from a non-commercial scientific institution) research. 
Requesters must reasonably describe the records sought;
    (3) Requesters who are representatives of the news media--NED shall 
provide documents to requesters who are representatives of the news 
media for the cost of reproduction alone, excluding charges for the 
first 100 pages. To be eligible for inclusion in this category, a 
requester must meet the criteria in subsection (c)(10) above, and the 
request must not be made for a commercial use. A request for records 
supporting the news-dissemination function of the requester shall not be 
considered to be a request that is for a commercial use. Requesters must 
reasonably describe the records sought;
    (4) All other requesters--NED shall charge requesters who do not fit 
into any of the above categories those fees that recover the full 
reasonable direct costs of searching for and reproducing records that 
are responsive to the request, except that the first 100 pages of 
reproduction and the first two hours of search time shall be furnished 
without charge. Requesters must reasonably describe the records sought.
    (g) Assessment and collection of fees. (1) NED shall assess interest 
charges on an unpaid bill starting on the 31st day following the day on 
which the billing was sent. The fact that the fee has been received by 
NED, even if not processed, will suffice to stay the accrual of 
interest. Interest will be at the rate prescribed in section 3717 of 
title 31 of the United States Code and will accrue from the date of the 
billing.
    (2) Charges for unsuccessful searches--If NED estimates that search 
charges are likely to exceed $25.00, it shall notify the requester of 
the estimated amount of fees unless the requester has indicated in 
advance a willingness to pay fees as high as those anticipated. Such 
notice shall offer the requester the opportunity to confer with agency 
personnel with the object of reformulating the request to meet the 
requester's needs at a lower cost. Dispatch of such a notice of request 
shall suspend the running of the period for response by NED until a 
reply is received from the requester.
    (3) Aggregating requests--Except for requests that are for a 
commercial use, NED shall not charge for the first two hours of search 
time or for the first 100 pages of reproduction. However, a requester 
may not file multiple requests at the same time, each seeking portions 
of a document or documents, solely in order to avoid payment of fees. 
When NED reasonably believes that a requester or a group of requesters 
acting in concert are attempting to divide a request into a series of 
requests for the purpose of evading the assessment of fees, NED shall 
aggregate any such requests and charge accordingly. One element to be 
considered in determining whether a belief would be reasonable is the 
time period in which the requests have been made. Before aggregating 
requests from more than one requester, NED must have a concrete basis on 
which to conclude that the requesters are acting in concert and are 
acting specifically to avoid payment of fees. In no case shall NED 
aggregate multiple requests on unrelated subjects from one requester.
    (4) Advance payments--NED shall not require payment for fees before 
work has commenced or continued on a request unless:
    (i) NED estimates or determines that allowable charges that a 
requester may be required to pay are likely to exceed $250.00. In this 
event, NED shall notify the requester of the likely cost and may require 
an advance payment of an

[[Page 291]]

amount up to the full amount of estimated charges; or
    (ii) A requester has previously failed to pay a fee charged within 
30 days of the date of billing.
In this event, NED shall require the requester to pay the full amount 
owed plus any applicable interest as provided above or demonstrate that 
he or she has, in fact, paid the fee, and to make an advance payment of 
the full amount of the estimated fee before NED begins to process a new 
request or a pending request from that requester.
    (iii) When NED acts under paragraphs (g)(4)(i) or (ii) above, the 
administrative time limits prescribed in subsection (a)(6) of the FOIA 
will begin only after NED has received fee payments described above.
    (5) Form of payment--Remittances shall be in the form of a personal 
check or bank draft drawn on any bank in the United States, a postal 
money order, or cash. Remittances shall be made payable to the order of: 
National Endowment for Democracy. NED will assume no responsibility for 
cash lost in the mail.
    (h) Fee waiver or reduction. NED shall furnish documents without 
charge or at a charge reduced below the fees established by these 
regulations if disclosure of the information is in the public interest 
because the disclosure of the information is likely to contribute 
significantly to public understanding of the operations or activities of 
government and is not primarily in the commercial interest of the 
requester. In making a determination under this subsection, NED shall 
consider these factors in the following order:
    (1) Whether the subject of the request for documents concerns the 
operations or activities of the government. For purposes of determining 
whether this factor is met:
    (i) Records generated by a non-government entity are less likely to 
respond to a request for documents concerning the operations or 
activities of the government;
    (ii) Records that are sought for their intrinsic informational 
content apart from their informative value with respect to specific 
activities or operations of government are less likely to meet this 
factor.
    (2) Whether the information requested is likely to contribute to an 
understanding of government operations or activities. For purposes of 
determining whether the request meets this factor:
    (i) NED will consider the extent to which the information requested 
already exists in the public domain;
    (ii) NED will consider the extent to which the value of the 
information relates to an understanding of government operations or 
activities as opposed to the extent to which the information relates to 
other subjects.
    (3) Whether the information requested will contribute to public 
understanding of government operations or activities. For purposes of 
determining whether the request meets this factor:
    (i) NED will consider whether the disclosure will contribute to a 
public understanding as opposed to a primarily personal understanding of 
the requester;
    (ii) NED will consider the identity of the requester to determine 
whether such requester is in a position to contribute to public 
understanding through disclosure of the information. Requesters shall 
describe their qualifications to satisfy this consideration;
    (iii) NED will consider the expertise of the requester and the 
extent to which the expertise will enable the requester to extract, 
synthesize and convey the information to the public. Requesters shall 
describe their qualifications to satisfy this consideration;
    (4) Whether the contribution to public understanding will be 
significant. In determining whether this factor has been met:
    (i) NED will consider whether the public's understanding of the 
subject matter in question is likely to be enhanced by the disclosure of 
information by a significant extent;
    (ii) NED will compare the likely level of public understanding of 
the subject matter of the request before and after disclosure.
    (5) After NED is satisfied that factors (h)(1) through (4) have been 
met, it will consider whether the requested disclosure is primarily in 
the commercial interest of the requester.

[[Page 292]]

    (i) For purposes of this subsection, commercial interest is one that 
furthers a commercial, trade, or profit interest as those terms are 
commonly understood. Under this subsection, a ``commercial interest'' 
shall not be an interest served by a request for records supporting the 
news dissemination function of the requester. All requesters who seek a 
fee waiver under section (h) of these regulations must disclose any and 
all commercial interests that would be furthered by the requested 
disclosure. NED shall use this information, information in its 
possession, reasonable inferences drawn from the requester's identity, 
and the circumstances surrounding the request to determine whether the 
requester has any commercial interest that would be furthered by the 
disclosure. If information that NED obtains from a source other than the 
requester or reasonable inferences or other circumstances are used in 
making a determination under this paragraph (h)(5), NED shall inform the 
requester of the information, inferences or circumstances that were used 
in its initial determination. The requester may, prior to filing an 
appeal of the initial determination with the President of NED or his 
designee under paragraph (a)(2) of this section, provide further 
information to rebut such reasonable inferences, or to clarify the 
circumstances of the request to the person responsible for the initial 
determination. Such action by the requester must occur within 20 days of 
the initial determination by NED. Within 10 days of receipt of such 
further information, clarification, or rebuttal, NED shall respond to 
the additional information, reverse or affirm its original position and 
state the reasons for the reversal or affirmation. Receipt of an 
affirmation by the requester shall constitute an initial denial of a 
request for purposes of the appeal process described in paragraphs (a) 
and (b) of this section.
    (ii) NED shall consider the magnitude of the requester's commercial 
interest. In making a determination under this factor, NED shall 
consider the role that the disclosed information plays with respect to 
the requester's commercial interests and the extent to which the 
disclosed information serves the range of commercial interests of the 
requester.
    (iii) NED shall weigh the magnitude of the identified commercial 
interest of the requester against the public interest in disclosure in 
order to determine whether the disclosure is primarily in the commercial 
interest of the requester. If the magnitude of the public interest in 
disclosure is greater than the magnitude of the requester's commercial 
interest, NED shall grant a full or partial fee waiver.
    (6) In determining whether to grant a full or partial fee waiver, 
NED shall, to the extent possible, identify the portion of the 
information sought by the requester that satisfies the standard 
governing fee waivers set forth in FOIA, as amended, 5 U.S.C. 
552(a)(4)(A)(iii), and in paragraphs (h)(1) through (6) of this section, 
and grant a fee waiver with respect to those documents. Fees for 
reproduction of documents that do not satisfy these standards shall be 
assessed as provided in paragraphs (c) through (g) of this section.
    (i) Except as provided in paragraph (h)(5)(i) of this section, a 
requester may appeal a determination of the fees to be charged or waived 
under these regulations as he or she would appeal an initial 
determination of documents to be disclosed under paragraphs (a) and (b) 
of this section.

[51 FR 40162, Nov. 5, 1986, as amended at 52 FR 37766, Oct. 9, 1987]



Sec. 526.6  Exemptions.

    NED reserves the right to withhold records and information that are 
exempt from disclosure under FOIA. See 5 U.S.C. 552(b).



Sec. 526.7  Limitation of exemptions.

    FOIA does not authorize withholding of information or limit the 
availability of NED records to the public except as specifically stated 
in this part. Nor is authority granted to withhold information from 
Congress.



Sec. 526.8  Reports.

    On or before March 1 of each calendar year, NED shall submit a 
reporting covering the preceding calendar year to the Speaker of the 
House of Representatives and the President of the Senate

[[Page 293]]

for referral to the appropriate committees of the Congress. The report 
shall include those items specified at 5 U.S.C. 552(d).



PART 527--ORGANIZATION OF THE NATIONAL ENDOWMENT FOR DEMOCRACY--Table of Contents




Sec.
527.1  Introduction.
527.2  Board of Directors.
527.3  Management.
527.4  Description of functions and procedures.

    Authority: 22 U.S.C. 4411 et seq.; Title II, Sec. 210, Pub. L. 99-
93, 99 Stat. 431, 22 U.S.C. 4415.

    Source: 51 FR 40164, Nov. 5, 1986, unless otherwise note.



Sec. 527.1  Introduction.

    (a) The National Endowment for Democracy (hereinafter ``NED'') was 
created in 1983 to strengthen democratic values and institutions around 
the world through nongovernmental efforts. Incorporated in the District 
of Columbia and governed by a bipartisan Board of Directors, NED is tax-
exempt, nonprofit, private corporation as defined in section 501(c)(3) 
of the Internal Revenue Code. Through its worldwide grant program, NED 
seeks to enlist the energies and talents of private citizens and groups 
to work with partners abroad who wish to build for themselves a 
democratic future.
    (b) Since its establishment in 1983, NED has received an annual 
appropriation approved by the United States Congress as part of the 
United States Information Agency budget. Appropriations for NED are 
authorized in the National Endowment for Democracy Act (the ``Act''), 22 
U.S.C. 4411 et seq.
    (c) The activities supported by NED are guided by the six purposes 
set forth in NED's Articles of Incorporation and the National Endowment 
for Democracy Act. These six purposes are:
    (1) To encourage free and democratic institutions throughout the 
world through private-sector initiatives, including activities which 
promote the individual rights and freedoms (including internationally 
recognized human rights) which are essential to the functioning of 
democratic institutions;
    (2) To facilitate exchanges between U.S. private sector groups 
(especially the two major American political parties, labor and 
business) and democratic groups abroad;
    (3) To promote U.S. nongovernmental participation (especially 
through the two major American political parties, labor, and business) 
in democratic training programs and democratic institution-building 
abroad;
    (4) To strengthen democratic electoral processes abroad through 
timely measures in cooperation with indigenous democratic forces;
    (5) To support the participation of the two major American political 
parties, labor, business, and other U.S. private-sector groups in 
fostering cooperation with those abroad dedicated to the cultural 
values, institutions, and organizations of democratic pluralism; and
    (6) To encourage the establishment and growth of democratic 
development in a manner consistent both with the broad concerns of 
United States national interests and with the specific requirements of 
the democratic groups in other countries which are aided by NED-
supported programs.



Sec. 527.2  Board of Directors.

    (a) NED is governed by a bipartisan Board of Directors of not fewer 
than thirteen and not more than seventeen members reflecting the 
diversity of American society. The officers of the corporation are 
Chairman and Vice Chairman of the Board, who shall be members of the 
Board, a President, Secretary and Treasurer, and such other officers as 
the Board of Directors may from time to time appoint. Meetings of the 
Board of Directors are held at times determined by the Board, but in no 
event fewer than four times each year. A current list of members of the 
Board of Directors and a schedule of upcoming meetings is available from 
NED's office at 1156 15th Street, NW., Suite 304, Washington, DC 20005.
    (b) All major policy and funding decisions are made by the Board of 
Directors. The primary statement of NED's operating philosophy, general 
principles and priorities is contained in the National Endowment for 
Democracy's Statement of Principles and Objectives,

[[Page 294]]

adopted by the Board of Directors in December 1984. Copies of this 
statement as well as other general information concerning the 
organization are available from NED on request.
    (c) As a grantmaking organization, NED does not carry out programs 
directly. The procedures for approval of grants are stated in NED's 
bylaws: ``[a]ll grants made by the corporation shall be by a two-thirds 
vote of those voting at a meeting at which a quorum is present, 
provided, however, that no grant may be approved by less than a majority 
of the Board of Directors'' (Article VI, Section 5). In addition, 
``[a]ny Board member who is an officer or director of an organization 
seeking to receive grants from the Corporation must abstain from 
consideration of and any vote on such grant'' (Article VI, Section 6). 
Copies of the bylaws are available from NED's offices.



Sec. 527.3  Management.

    (a) NED's operations and staff are managed by a President selected 
by the Board of Directors. The President is the chief executive officer 
of the corporation and manages the business of the corporation under the 
policy direction of the Board of Directors. The President directs a 
staff whose functions are divided among the Office of the President, a 
Program Section and a Finance Office.
    (b) The Office of the President provides policy direction and is 
responsible for day-to-day management of the organization, including 
personnel management, liaison with the Board of Directors and 
preparation of meetings of the Board and Board committees. The 
President's office also provides information concerning NED's activities 
to the press and public. The Program Section, under the direction of the 
Director of Program, is responsible for the review and preparation of 
proposals submitted to the Endowment and for the monitoring and 
evaluation of all programs funded by NED.
    (c) The Finance Office, under the direction of the Comptroller, is 
responsible, with the President and the Board of Directors, for 
financial management of NED's affairs, including both administrative 
financial management and grant management. The Director of Program and 
the Comptroller report to the NED President.



Sec. 527.4  Description of functions and procedures.

    (a) In accordance with the Statement of Principles and Objectives, 
NED is currently developing and funding programs in five substantive 
areas:
    (1) Pluralism. NED encourages the development of strong, independent 
private-sector organizations, especially trade unions and business 
associations. It also supports cooperatives, civic and women's 
organizations, and youth groups, among other organizations. Programs in 
the areas of labor and business are carried out, respectively, through 
the Free Trade Union Institute and the Center for International Private 
Enterprise.
    (2) Democratic governance and political processes. NED seeks to 
promote strong, stable political parties committed to the democratic 
process. It also supports programs in election administration and law, 
as well as programs that promote dialogue among different sectors of 
society and advance democratic solutions to national problems.
    (3) Education, culture and communications. NED funds programs that 
nourish a strong democratic civic culture, including support for 
publications and other communications media and training programs for 
journalists; the production and dissemination of books and other 
materials to strengthen popular understanding and intellectual advocacy 
of democracy; and programs of democratic education.
    (4) Research. A modest portion of NED's resources is reserved for 
research, including studies of particular regions or countries where NED 
has a special interest, and evaluations of previous or existing efforts 
to promote democracy.
    (5) International cooperation. NED seeks to encourage regional and 
international cooperation in promoting democracy, including programs 
that strengthen cohesion among democracies and enhance coordination 
among democratic forces.
    (b) As a grantmaking organization, NED has certain responsibilities 
that

[[Page 295]]

govern its relationship with all potential and actual grantees. Briefly, 
these are:
    (1) Setting program priorities within the framework of the purposes 
outlined in NED's articles of incorporation and contained in the 
legislation, and guided by the general policy Statement of the Board of 
Directors;
    (2) Reviewing and vetting proposals, guided by the general 
guidelines and selection criteria adopted by the NED Board;
    (3) Coordinating among all grantees to avoid duplication and to 
assure maximum program effectiveness;
    (4) Negotiating a grant agreement which ensures a high standard of 
accountability on the part of each grantee;
    (5) Financial and programmatic monitoring following the approval and 
negotiation of a grant, and ongoing and/or follow-up evaluation of 
programs prior to any subsequent funding of either a particular grantee 
or a specific program. Grantees will also be expected to monitor 
projects, to provide regular reports to NED on the progress of programs, 
and to inform NED promptly of any significant problems that could affect 
the successful implementation of the project. NED grantees will also 
conduct their own evaluations of programs.
    (6) As a recipient of congressionally appropriated funds, NED has a 
special responsibility to:
    (i) Operate openly,
    (ii) Provide relevant information on programs and operations to the 
public, and
    (iii) Ensure that funds are spent wisely, efficiently, and in 
accordance with all relevant regulations.
    (c) Institutes representing business, labor, and the major political 
parties carry out programs which are central to NED's purposes. As a 
result of their unique relationship to NED, institute programs are an 
integral part of NED's priorities and the institutes themselves are 
``core'' grantees. As such, the institutes, while subject to all the 
normal procedures governing NED's relationships with grantees, will be 
treated differently in the following respects:
    (1) The institutes will have the mandate to carry out programs 
funded by NED in their respective sectors of business, labor and 
political parties.
    (2) As an integral part of the process of budgeting and setting 
program priorities, the NED Board will target a certain amount of its 
annual resources for institute programs in their respective fields of 
activity.
    (3) Unlike its practice for the majority of its grantees, NED will 
fund significant administrative costs for each of the core grantees.
    (4) Institute staff will assume responsibility for program 
development and preparation of proposals for the Board in each field of 
activity for which it has a special mandate.
    (5) NED will expect its core grantees to perform their monitoring/
evaluation function described in programmatic monitoring under Financial 
and programmatic monitoring above in a manner that will minimize the 
need to devote NED resources for these purposes. (Individual copies of 
the Grants Policy are available from the NED office.)
    (6) As stated above, in awarding grants the Board is guided by 
established grant selection critieria. In addition to evaluating how a 
program fits within NED's overall priorities, the Board considers 
factors such as the urgency of a program, its relevance to specific 
needs and conditions in a particular country, and the democratic 
commitment and experience of the applicant. NED is especially interested 
in proposals that originate with indigenous democratic groups. It is 
also interested in nonpartisan programs seeking to strengthen democratic 
values among all sectors of the democratic political spectrum.
    (d) Selection criteria. In determining the relative merit of a 
particular proposal NED considers whether the grant application:
    (1) Proposes a program that will make a concrete contribution to 
assisting foreign individuals or groups who are working for democratic 
ends and who need NED's assistance.
    (2) Proposes a program, project or activity which is consistent with 
current NED program priorities and contributes to overall program 
balance and effectiveness.
    (3) Proposes an activity that meets an especially urgent need.

[[Page 296]]

    (4) Does not overlap with what others are doing well.
    (5) Proposes a program that will encourage an intellectual climate 
which is favorable to the growth of democratic institutions.
    (6) Proposes a program that is not only culturally or intellectually 
appealing, but will affect the education and the awareness of minorities 
and/or the less privileged members of a society.
    (7) Originates from an organization within a particular country 
representing the group whose needs are to be addressed.
    (8) Appears to be well thought out, avoiding imprudent activities 
and possibilities for negative repercussions.
    (9) Takes into consideration not only what objectively could be 
significant to a certain society, but how the cultural traditions and 
values of that society will react to the project.
    (10) Incorporates an analysis of the problem of democracy in the 
area in question and the method by which the proposed program will have 
a constructive impact on the problem.
    (11) Proposes a program that will enhance our understanding of what 
really helps in aiding democracy.
    (12) Creatively enlists supports for foreign democratic 
organizations.
    (13) Encourages democratic solutions and peaceful resolution of 
conflict in situations otherwise fraught with violence.
    (14) Proposes a program, project or activity that is clearly 
relevant to NED program objectives and not better funded by other 
government or private organizations. (Proposing organizations will be be 
referred to other funding organizations where substantial overlap 
exists.)
    (15) Proposes a program or strategy that is appropriate to the 
circumstances in the country concerned.
    (16) Proposes a program that can be expected to have a multiplier 
effect, hence having an impact broader than that of the specific project 
itself; or establishes a model that could be readily replicated in other 
countries or institutions.
    (17) Proposes appropriate, qualified staff who have a demonstrated 
ability to administer programs capably so as to accomplish stated goals 
and objectives.
    (18) Proposes an appropriate ratio of administrative to program 
funds.
    (19) Is responsive to NED suggestions with regard to program 
revisions.
    (20) Proposes a realistic budget that is consistent with NED 
perceptions of project value and is performed within a stated and 
realistic time frame; and
    (21) Proposes a program that has, as one of its principal aspects, a 
major impact on the role of women and/or minorities.
    (e) The following guidelines also apply to all projects funded by 
NED.
    (1) The proposing organization must be able to show that it is a 
responsible, credible organization or group that has a serious and 
demonstrable commitment to democratic values. (Various factors may be 
considered in this regard: recognized democratic orientation; 
established professional reputation; proven ability to perform; 
existence of organization charter, board of directors, regular audits, 
etc.);
    (2) The proposing organization must be willing to comply with all 
provisions of the National Endowment for Democracy Act as well as all 
provisions of current and subsequent agreements between the USIA and 
NED;
    (3) The proposing organization must agree not to use grant funds for 
the purpose of educating, training, or informing United States audiences 
of any U.S. political party's policy or practice, or candidate for 
office. (This condition does not exclude making grants or expenditures 
for the purpose of educating, training or informing audiences of other 
countries on the institutions and values of democracy that may 
incidentally educate, train, or inform American participants);
    (4) The proposing organization must agree that no NED funds will be 
used for lobbying or propaganda that is directed at influencing public 
policy decisions of the government of the United States or of any state 
or locality thereof;
    (5) The proposing organization must agree that there shall be no 
expenditure of NED funds for the purpose of supporting physical violence 
by individuals, groups or governments;

[[Page 297]]

    (6) The proposing organization may not employ any person engaged in 
intelligence activity on behalf of the United States government or any 
other government;
    (7) NED will not normally reimburse grantees for expenses incurred 
prior to the signing of a grant agreement with NED;
    (8) Each grant made by NED will be an independent action implying no 
future commitment on NED's part to a project or program;
    (9) NED may, from time to time, fund feasibility studies. 
Applications for grants in this category should include, but not be 
limited to, the following: Scope, method and objective of the study; 
Calendar; Proposed administration of the study; and Detailed budget. The 
funding of a feasibility study by NED does not imply support for any 
project growing out of the study. It does, however, imply interest by 
NED in the area under study and a willingness to entertain a project 
proposal growing out of the study; and
    (10) The proposing organization may not use NED funds to finance the 
campaigns of candidates for public office.
    (f) All proposals received by NED are reviewed by the staff in order 
to determine their congruence with NED's purposes as stated in the 
organization's Articles of Incorporation and the NED Act.
    (g) Grant applications must contain the following information:
    (1) A one-page summary of the proposed program;
    (2) Organizational background and biographical information on staff 
and directors in the U.S. and abroad;
    (3) A complete project description, including a statement of 
objectives, a project calendar, and a description of anticipated 
results;
    (4) A statement describing how the project relates to NED's 
purposes;
    (5) A description of the methods to be used to evaluate the project 
in relation to its objectives;
    (6) A detailed budget, including an explanation of any counterpart 
support anticipated by the applicant, whether monetary or in-kind, 
domestic or foreign; and
    (7) The names and addresses of all other funding organizations to 
which the proposal has been submitted or will be submitted.
    (h) After an award determination has been made by the Board, NED 
enters into a grant agreement with the recipient. That agreement is made 
in accordance with NED policy, the terms of NED's grant agreement with 
USIA, and the terms of the Act, and the terms of NED's standard grant 
agreement as they apply to the specific project in question. The NED 
Board of Directors approved a revised Statement of General Procedures 
and Guidelines on September 12, 1986. The statement, outlined above, is 
available from the NED office.
    (i) NED Staff welcomes preliminary letters of inquiry prior to 
submission of a formal proposal. Letters of inquiry and formal proposals 
should be submitted to: Director of Program, National Endowment for 
Democracy, 1156 15th Street, NW., Suite 304, Washington, DC 20005.



PART 530--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE UNITED STATES INFORMATION AGENCY--Table of Contents




Sec.
530.101  Purpose.
530.102  Application.
530.103  Definitions.
530.104--530.109  [Reserved]
530.110  Self-evaluation.
530.111  Notice.
530.112--530.129  [Reserved]
530.130  General prohibitions against discrimination.
530.131--530.139  [Reserved]
530.140  Employment.
530.141--530.148  [Reserved]
530.149  Program accessibility: Discrimination prohibited.
530.150  Program accessibility: Existing facilities.
530.151  Program accessibility: New construction and alterations.
530.152--530.159  [Reserved]
530.160  Communications.
530.161--530.169  [Reserved]
530.170  Compliance procedures.
530.171--530.999  [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 22890, 22896, June 23, 1986, unless otherwise noted.

[[Page 298]]



Sec. 530.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 530.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 530.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing impairments, cerebral palsy, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, 
diabetes, mental retardation, emotional illness, and drug addiction and 
alocoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.

[[Page 299]]

    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Qualified handicapped person means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, a handicapped person who is a member of 
a class of persons otherwise entitled by statute, regulation, or agency 
policy to receive education services from the agency.
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can acheive the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature;
    (3) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 530.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies only to programs or activities 
conducted by Executive agencies and not to federally assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.
Secs. 530.104--530.109  [Reserved]



Sec. 530.110  Self-evaluation.

    (a) The agency shall, by August 24, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.



Sec. 530.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.
Secs. 530.112--530.129  [Reserved]



Sec. 530.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--

[[Page 300]]

    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangments, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified handicapped persons to 
discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licensees or certified 
entities that subject qualified handicapped persons to discrimination on 
the basis of handicap. However, the programs or activities of entities 
that are licensed or certified by the agency are not, themselves, 
covered by this part.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.
Secs. 530.131--530.139  [Reserved]



Sec. 530.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.

[[Page 301]]

Secs. 530.141--530.148  [Reserved]



Sec. 530.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 530.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 530.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 530.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by handicapped persons. The agency is not 
required to make structural changes in existing facilities where other 
methods are effective in achieving compliance with this section. The 
agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the agency shall give priority 
to those methods that offer programs and activities to qualified 
handicapped persons in the most integrated setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 530.150(a) in historic preservation programs, the agency shall give 
priority to methods that provide physical access to handicapped persons. 
In cases where a physical alteration to an historic property is not 
required because of Sec. 530.150(a)(2) or (a)(3), alternative methods of 
achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide handicapped persons into or through 
portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by

[[Page 302]]

October 21, 1986, except that where structural changes in facilities are 
undertaken, such changes shall be made by August 22, 1989, but in any 
event as expeditiously as possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by February 23, 1987, a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 530.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 530.152--530.159  [Reserved]



Sec. 530.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf person (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and adminstrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 530.160 would result 
in such alteration or burdens. The decision that compliance would result 
in such alteration or burdens must be made by the agency head or his or 
her designee after considering all agency resources available for use in 
the funding and operation of the conducted program or activity, and must 
be accompanied by a written statement of the reasons for reaching that 
conclusion. If

[[Page 303]]

an action required to comply with this section would result in such an 
alteration or such burdens, the agency shall take any other action that 
would not result in such an alteration or such burdens but would 
nevertheless ensure that, to the maximum extent possible, handicapped 
persons receive the benefits and services of the program or activity.
Secs. 530.161--530.169  [Reserved]



Sec. 530.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The Director, Office of Equal Employment Opportunity and Civil 
Rights, shall be responsible for coordinating implementation of this 
section. Complaints may be sent to Director, Office of Equal Employment 
Opportunity and Civil Rights, United States Information Agency, 301 4th 
Street NW., Washington, DC 20547.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 530.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 22890, 22896, June 23, 1986, as amended at 51 FR 22890, June 23, 
1986]
Secs. 530.171--530.999  [Reserved]

[[Page 305]]



     CHAPTER VI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY




  --------------------------------------------------------------------
Part                                                                Page
601             Statement of organization...................         306
602             Freedom of information policy and procedures         311
603             Privacy Act policy and procedures...........         318
604             Administrative claims under the Federal Tort 
                    Claims Act..............................         323
605             National security information regulations...         328
606             Conduct of employees........................         333
607             Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by U. S. Arms 
                    Control and Disarmament Agency..........         346
608             Service of process; production or disclosure 
                    of official information in response to 
                    court orders, subpoenas, notices of 
                    depositions, requests for admissions, 
                    interrogatories, or similar requests or 
                    demands in connection with federal or 
                    state litigation; expert testimony......         351

[[Page 306]]



PART 601--STATEMENT OF ORGANIZATION--Table of Contents




Sec.
601.1  Purpose.
601.2  Definitions.

                 Subpart A--Agency Mission and Structure

601.5  Mission.
601.6  Agency structure.

                    Subpart B--Functional Statements

601.10  Office of the Director.
601.11  Multilateral Affairs Bureau (MA).
601.12  Strategic and Eurasian Affairs Bureau (SEA).
601.13  Nonproliferation and Regional Arms Control Bureau (NP).
601.14  Intelligence, Verification, and Information Management Bureau 
          (IVI).
601.15  Office of the General Counsel (GC).
601.16  Office of Administration (A).
601.17  Office of Congressional Affairs (CA).
601.18  Office of Public Affairs (PA).

    Authority: 5 U.S.C. 552(a)(1) and 22 U.S.C. Chapter 35.

    Source: 61 FR 58328, Nov. 14, 1996, unless otherwise noted.



Sec. 601.1  Purpose.

    This part summarizes the mission and organization of the U.S. Arms 
Control and Disarmament Agency.



Sec. 601.2  Definitions.

    (a) As used in this part, Agency or ACDA means the U.S. Arms Control 
and Disarmament Agency.
    (b) As used in this part, the Act means the Arms Control and 
Disarmament Act, as amended (22 U.S.C. 2551 et seq.).



                 Subpart A--Agency Mission and Structure



Sec. 601.5  Mission.

    (a) Through the Act, Congress and the President determined that the 
formulation and implementation of United States arms control, 
nonproliferation, and disarmament policy in a manner which will promote 
the national security could best be insured by a central organization 
charged by statute with primary responsibility for this field.
    (b) Under the Act, the Agency is charged with providing the 
President, the Secretary of State, other officials of the executive 
branch, and the Congress with recommendations concerning United States 
arms control, nonproliferation, and disarmament policy, and assessing 
the effect of these recommendations upon our foreign policies, our 
national security policies, and our economy.
    (c) The Agency also has the capacity for providing the essential 
scientific, economic, political, military, psychological, and 
technological information on which realistic arms control, 
nonproliferation, and disarmament policy must be based, and has the 
authority, under the direction of the President and the Secretary of 
State, to carry out the following primary functions:
    (1) The preparation for and management of United States 
participation in international negotiations and implementation fora in 
the arms control and disarmament field.
    (2) When directed by the President, the preparation for, and 
management of, United States participation in international negotiations 
and implementation fora in the nonproliferation field.
    (3) The conduct, support, and coordination of research for arms 
control, nonproliferation, and disarmament policy formulation.
    (4) The preparation for, operation of, or, as appropriate, direction 
of United States participation in such control systems as may become 
part of United States arms control, nonproliferation, and disarmament 
activities.
    (5) The dissemination and coordination of public information 
concerning arms control, nonproliferation, and disarmament.
    (d) The Agency works at the highest level of the United States 
Government and, under the direction of the Secretary of State, conducts 
United States participation in international arms control and 
disarmament negotiations. It does not normally hand down decisions or 
engage in regulatory activities affecting the general public, since its 
functions are principally in the advisory or diplomatic areas. Copies of 
publications resulting from the Agency's activities, such as its Annual 
Report, may be ordered from the Superintendent of Documents, U.S. 
Government

[[Page 307]]

Printing Office, Washington, DC 20402, or requested directly from the 
U.S. Arms Control and Disarmament Agency, Office of Public Affairs, 320 
21st Street NW., Washington, DC 20451.



Sec. 601.6  Agency structure.

    (a) The Agency is headed by a Director, appointed by the President 
with the advice and consent of the Senate, who is responsible for the 
executive direction of the Agency. The Director is assisted by a Deputy 
Director, also appointed by the President with the advice and consent of 
the Senate, who acts for, and exercises the powers of, the Director 
during the Director's absence or disability or during a vacancy in said 
office.
    (b) The Director of ACDA ranks with the Deputy Secretary of State 
and reports directly to the Secretary of State; the Deputy Director 
ranks with an Under Secretary of State. The Director of ACDA is the 
principal advisor to the Secretary of State, the National Security 
Council, and the President and other executive branch Government 
officials on matters relating to arms control, nonproliferation, and 
disarmament. The Director has direct access to the President as 
necessary. In addition, the Director has the authority and independence 
to deal directly with the heads of other agencies, such as the 
Department of Defense and the Department of Energy, on matters not 
falling within the jurisdiction of the Department of State.
    (c) The Director is supported by a personal staff that includes the 
Counselor, Chief of Staff, Special Assistant, and Personal Secretary. 
Other entities included within the Office of the Director are: the 
Executive Secretary and Adviser for Internal Affairs, the Advanced 
Projects Office, the Chief Science Advisor, the Office of Military 
Affairs, the Office of the Inspector General, and the Equal Employment 
Opportunity Officer.
    (d) The Agency has four Assistant Directors appointed by the 
President with the advice and consent of the Senate who rank with 
Assistant Secretaries of State. Each of these Assistant Directors heads 
a bureau, and it is through the bureaus that the Agency's program 
responsibilities are primarily discharged. The four current bureaus are 
the Multilateral Affairs Bureau, the Strategic and Eurasian Affairs 
Bureau, the Nonproliferation and Regional Arms Control Bureau, and the 
Intelligence, Verification, and Information Management Bureau. Within 
the range of its program responsibilities, each bureau is responsible 
for generating policy proposals, and for working closely with other ACDA 
units and Government agencies. Other Agency units with staff or Agency-
wide responsibilities are the Office of the Director, Office of the 
General Counsel, the Office of Congressional Affairs, the Office of 
Administration, the Office of Congressional Affairs, and the Office of 
Public Affairs.



                    Subpart B--Functional Statements



Sec. 601.10  Office of the Director.

    (a) The Director of ACDA is the principal adviser to the Secretary 
of State, the National Security Council, and the President and other 
executive branch Government officials on matters relating to arms 
control, nonproliferation, and disarmament, and on their relationship to 
other aspects of overall national security policy. Under the direction 
of the President and the Secretary of State, the Director has primary 
responsibility within the Government for matters relating to arms 
control and disarmament and, whenever directed by the President, primary 
responsibility within the Government for matters relating to 
nonproliferation. The Director is responsible for the executive 
direction, operations, and coordination of all activities of the Agency 
and the Agency's relations with the Congress. The Director attends all 
meetings of the National Security Council that involve weapons 
procurement, arms sales, consideration of the defense budget, and all 
arms control, nonproliferation, and disarmament matters.
    (b) The Deputy Director assists the Director in carrying out the 
Director's responsibilities as head of the Agency, and acts for and 
exercises the powers of the Director during the Director's absence or 
disability or during a vacancy in said office. The Deputy Director also

[[Page 308]]

has direct responsibility, under the supervision of the Director, for 
the administrative management of the Agency, intelligence-related 
activities, security and the Special Compartmental Intelligence 
Facility, and performs such other duties and exercises such other powers 
as the Director may prescribe.
    (c) The Executive Secretary and Advisor for Internal Affairs (D/EX), 
on behalf of the Director, initiates and provides Agency liaison to the 
national security agencies, coordinates within ACDA and with other 
agencies to ensure appropriate ACDA representation of interagency 
deliberations and international summits, and the timely exchange of 
information. The Executive Secretary advises the Director and other 
Agency Principals on arms control and administrative policy options, the 
status of policy deliberations within the Agency, and the optimum 
methods and procedures to implement policy decisions. The Executive 
Secretary maintains the Director's formal record of communications 
regarding arms control policy deliberations and decisions.
    (d) The Advanced Projects Office (D/AP) is ACDA's center for 
innovative concepts of arms control, nonproliferation, and disarmament. 
It conceives and develops new avenues to aspects of arms control, 
nonproliferation, and disarmament. Its projects build both on internally 
generated concepts and on ideas collected from government, academic, and 
non-governmental sources.
    (e) The Chief Science Advisor (CSA) is the Director's special 
representative for matters of science and technology, and identifies 
promising technologies for monitoring arms control agreements.
    (f) The Office of Military Affairs (D/M) is headed by the Senior 
Military Advisor who serves as the principal advisor to the ACDA 
Director on military matters, is the principal representative of the 
Director to the Office of the Secretary of Defense and the Joint Chiefs 
of Staff, and is the liaison between ACDA and United States military 
commanders and the ACDA focal point for military-to-military contacts on 
agency initiatives. The Senior Military Advisor evaluates arms control 
and nonproliferation proposals from a military perspective, and assesses 
their potential contributions to the national security of the United 
States.
    (g) The Office of the Inspector General is headed by the Inspector 
General of the Agency who has the duties, responsibilities, and 
authorities specified in the Inspector General Act of 1978, as amended 
(5 U.S.C. app.). The Inspector General of the Agency utilizes personnel 
of the Office of the Inspector General of the Department of State in 
performing the duties of Inspector General of the Agency.
    (h) The Equal Employment Opportunity (EEO) Officer has the primary 
responsibility for advising the Director of the Agency with respect to 
the preparation of the Agency's equal employment opportunity plans, 
procedures, regulations, reports, and other matters pertaining to the 
Agency's equal employment opportunity program, for evaluating the 
sufficiency of the total Agency program for equal employment 
opportunity, and when authorized by the Director of the Agency, for 
making changes in programs and procedures designed to eliminate 
discriminatory practices and to improve the Agency's program for equal 
employment opportunity. The EEO Officer maintains contact with the 
Office of Personnel Management, the Equal Employment Opportunity 
Commission, schools, and other related organizations.



Sec. 601.11  Multilateral Affairs Bureau (MA).

    MA develops and implements policy, strategy, and tactics for issues 
under negotiation and discussion in multilateral arms control fora. It 
provides organizational support and staffing for U.S. delegations to the 
Conference on Disarmament (CD) in Geneva, in which the negotiations on a 
comprehensive ban on nuclear weapons testing (CTB) and on other issues 
related to nuclear weapons (e.g., fissile material cut-off) and 
conventional arms (e.g., transparency in armaments) are conducted, as 
well as for the First Committee of the UN General Assembly and the 
United Nations Disarmament Commission. The Bureau leads the U.S. effort 
to implement the Chemical Weapons Convention (CWC) through the CWC

[[Page 309]]

Preparatory Commission in The Hague, and will potentially serve as the 
U.S. Office of National Authority (ONA) upon entry into force of the 
CWC. In addition, the MA Bureau takes the leading policy role in 
formulating Agency positions in support of the implementation of the 
Treaty on Conventional Armed Forces in Europe (CFE) through the Joint 
Consultative Group (JCG), the Treaty on Open Skies through the Open 
Skies Consultative Commission (OSCC), and the CSCE Forum for Security 
Cooperation (FSC), all in Vienna. The Bureau is also responsible for 
development and implementation of policy within the U.S. relating to 
other international arms control agreements and negotiations, including 
the international effort to strengthen the Biological and Toxin Weapons 
Convention (BWC) by enhancing transparency and confidence in compliance, 
and other related diplomatic activities, such as the BW Trilateral 
dialogue between the U.S., UK and Russia. MA takes the Agency lead in 
supporting other international efforts such as the UN Special Commission 
(UNSCOM) for Iraq and peacekeeping initiatives. It also leads U.S. 
Government efforts, both substantively and administratively, for 
multilateral treaty review conferences, with the exception of the 
Nuclear Non-proliferation Treaty (NPT). The Bureau assists in the 
formulation of Agency policy with regard to arms control in regions of 
the world outside Europe.



Sec. 601.12  Strategic and Eurasian Affairs Bureau (SEA).

    SEA has principal responsibility within the Agency for the 
diplomatic, political, and technical aspects of negotiations and 
implementation of strategic and nuclear arms control agreements, 
particularly with respect to the new independent States of the former 
Soviet Union, and of policy initiatives to facilitate the 
denuclearization of Belarus, Kazakhstan, and Ukraine. Expansion of arms 
control efforts in the Eurasian region, including consideration of 
discussions with China on strategic stability, is also part of the 
Bureau's portfolio. Further, SEA has principal responsibility within the 
Agency for development and implementation of the Nunn-Lugar program, the 
Safeguards, Transparency and Irreversibility initiative (to ensure that 
nuclear warhead dismantlement is irreversible and transparent) and of 
defense conversion policy and programs related to the former Soviet 
Union and China. Other areas in which SEA has responsibility include: 
ballistic missile defense arms control, the Standing Consultative 
Commission (SCC), the Joint Compliance and Inspection Commission (JCIC), 
and the Special Verification Commission (SVC). SEA coordinates 
implementation of agreed policy, generates and analyzes proposals, and 
evaluates weapons systems and other questions relating to these 
negotiations. It also takes the leading role in formulating Agency 
positions on basic strategic and theater offensive arms control, 
ballistic missile defense arms control, nuclear warhead dismantlement 
initiatives and the storage and disposition of fissile material from 
dismantled nuclear warheads, and other strategic or global arms control 
and outer space policy issues that require high-level decision within 
the Government. SEA chairs the interagency backstopping committees for 
the JCIC, the SCC, the SVC, and the Bilateral Implementation Commission 
(BIC). The Bureau also provides technical expertise to teams 
implementing various elements of denuclearization, fissile material 
disposition, and related openness initiatives, as well as to defense 
conversion committees and relevant interagency working groups.



Sec. 601.13  Nonproliferation and Regional Arms Control Bureau (NP).

    NP is responsible for representing the Agency in policy development, 
implementation, and international negotiations to halt the proliferation 
of nuclear/chemical/biological weapons and missiles, to control 
conventional arms and sensitive dual-use exports, and to foster regional 
arms control. It promotes United States interests in multilateral 
nonproliferation regimes, e.g., the Nuclear Non-proliferation Treaty, 
the Treaty of Tlatelolco, the Missile Technology Control Regime, Nuclear 
Suppliers Group, and the Australia Group. It provides technical and 
policy support for the International Atomic

[[Page 310]]

Energy Agency's safeguards and technical assistance efforts. NP also 
participates in the review of exports subject to nuclear/chemical/
biological weapons and missile nonproliferation controls. It initiates 
and supports regional arms control measures and arrangements outside of 
Europe as well as conventional arms.



Sec. 601.14  Intelligence, Verification, and Information Management Bureau (IVI).

    IVI has principal responsibility within the Agency for developing 
verification policy, compliance assessments and intelligence support. 
The Bureau provides research and technical analysis to the other ACDA 
bureaus; coordinates and integrates agency-wide perspectives on 
substantive compliance, verification and implementation issues; 
compiles, maintains, and analyzes all relevant arms control and 
nonproliferation data in support of agency requirements for compliance 
assessment and adjudication; establishes, manages and maintains all 
information systems within the Agency; and monitors and assures the 
availability of U.S. technical systems to implement existing treaties. 
IVI's responsibilities in the area of verification and compliance 
include analysis of the Comprehensive Test Ban Treaty, the Conventional 
Armed Forces in Europe (CFE), the Strategic Arms Reduction Treaties 
(START I and II), the Open Skies Treaty, and most recently, the Chemical 
Weapons Convention (CWC). These are in addition to the earlier 
Biological Weapons Convention (BWC), the Nuclear Non-proliferation 
Treaty (NPT), the U.S.-Soviet Threshold Test Ban (TTB) and Peaceful 
Nuclear Explosions (PNE) Treaties, and the Intermediate-Range Nuclear 
Forces (INF) Treaty. In addition to treaty-specific responsibilities, 
the Bureau is also responsible for providing effective coordination of 
research and development on arms control, nonproliferation, and 
disarmament issues among the departments and agencies of the executive 
branch; participating in the development of government-wide requirements 
for arms control research and development and implementation to ensure 
responsiveness to policy requirements as well as fiscal accountability; 
providing the definitive repository for negotiations documents such as 
negotiating records and electronic treaty texts; publishing the Agency's 
annual report, World Military Expenditures and Arms Transfers; and 
providing economic analysis support to the Agency and to the interagency 
community for economic aspects of arms control and national security.



Sec. 601.15  Office of the General Counsel (GC).

    The Office of the General Counsel (GC) is responsible for all 
matters of domestic and international law relevant to the work of the 
Agency. It provides advice and assistance in drafting and negotiating 
arms control treaties and agreements, and on questions regarding their 
approval by Congress, implementation, interpretation, ratification, and 
revision. GC lawyers regularly serve as the Legal Advisors to United 
States arms control negotiating delegations. The Office is also involved 
in the legal aspects of the nuclear weapons nonproliferation 
responsibilities of the Agency. It is responsible for legal matters 
relating to arms control policy formulation and Agency legislation, 
including drafting of such legislation. It handles the legal aspects of 
Agency policies and operations in the areas of personnel, security, 
ethics, equal employment opportunity, contracts, procurement, fiscal, 
and administrative matters. It also is responsible for responding to 
requests under the Freedom of Information Act (5 U.S.C. 552) and Privacy 
Act (5 U.S.C. 552a), and for reviewing documents for declassification.



Sec. 601.16  Office of Administration (A).

    This Office is responsible for full administrative support to the 
Agency and to all of its components, including the negotiating staffs in 
Geneva, Switzerland, The Hague, Netherlands, and Vienna, Austria. This 
includes all personnel, budget, fiscal, supply, contracts, 
communications, and general administrative activities. The Office 
maintains regular liaison with the Office of Management and Budget, the 
Appropriations Committees of the Congress, the

[[Page 311]]

Department of State, the General Services Administration, and other 
organizations providing services for the Agency. The Office is 
responsible for the security program of the Agency which includes 
physical, procedural, personnel, technical, and computer security, as 
well as investigative and counterintelligence functions. The Office 
conducts liaison with national security and federal investigative 
agencies.



Sec. 601.17  Office of Congressional Affairs (CA).

    The Office of Congressional Affairs (CA) is responsible for the 
legislative and policy implications of all arms control, 
nonproliferation and disarmament proposals. This includes responsibility 
for Congressional liaison, coordination and representation. These 
activities include preparation for and attendance at Congressional 
briefings, consultations and hearings, including the Agency's biannual 
authorization request and annual appropriation request. The Office also 
assists in the preparation for visits by Members of Congress to our 
negotiating fora and is responsible for all Congressional inquiries. The 
status of proposed and existing arms control agreements, and the inter- 
and intra-agency coordination of arms control, nonproliferation, and 
disarmament congressional matters are also included in the liaison 
activity. Communication between the Agency and Congressional committees, 
Members and their staffs, formal and informal, are designed to keep 
Congress informed of our arms control, nonproliferation, and disarmament 
efforts. This process includes obtaining insights by CA for suggestions 
and initiatives within ACDA.



Sec. 601.18  Office of Public Affairs (PA).

    This office carries out the Agency's legislative mandate for the 
dissemination and coordination of public information concerning arms 
control, nonproliferation, and disarmament matters. It is responsible 
for all contacts with the media and prepares guidance as required on 
questions relating to the Agency's business. It collects, screens, and 
distributes information to Bureaus and Offices to keep the Agency's 
staff abreast of developments of interest and use in connection with 
carrying out their responsibilities. It also prepares publications and 
handles the participation at public speaking engagements by Agency 
officials.



PART 602--FREEDOM OF INFORMATION POLICY AND PROCEDURES--Table of Contents




                         Subpart A--Basic Policy

Sec.
602.1  Scope of part.
602.2  Definitions.
602.3  General policy.

               Subpart B--Procedure for Requesting Records

602.10  Requests for records.
602.11  Requests in person.
602.12  Availability of records at the ACDA Office of Public Affairs.
602.13  Copies of records.
602.14  Records of other agencies, governments and international 
          organizations.
602.15  Overseas requests.
602.16  Responses and time limits on requests.
602.17  Time extensions.
602.18  Inability to comply with requests.
602.19  Predisclosure notification for confidential commercial 
          information.

                             Subpart C--Fees

602.20  Fees for records search, review, copying, certification, and 
          related services.
602.21  Waiver or reduction of fees.
602.22  [Reserved]
602.23  GPO and free publications.
602.24  Method of payment.

                      Subpart D--Denials of Records

602.30  Denials.
602.31  Exemptions.

                 Subpart E--Review of Denials of Records

602.40  Procedure for appealing initial determinations to withhold 
          records.
602.41  Decision on appeal.

                Subpart F--Annual Report to the Congress

602.50  Requirements for annual report.

    Authority:  5 U.S.C. 552; 22 U.S.C. 2581; and 31 U.S.C. 9701.

    Source: 61 FR 40332, Aug. 2, 1996, unless otherwise noted.

[[Page 312]]



                         Subpart A--Basic Policy



Sec. 602.1  Scope of part.

    This part 602 establishes the policies, responsibilities and 
procedures for release to members of the public of records which are 
under the jurisdiction of the U.S. Arms Control and Disarmament Agency.



Sec. 602.2  Definitions.

    As used throughout this part, the following terms have the meanings 
set forth in this section:
    (a) The term Agency and the acronym ACDA stand for the U.S. Arms 
Control and Disarmament Agency.
    (b) The term records includes all books, papers, maps, photographs, 
or other documentary materials, regardless of physical form or 
characteristics, made or received by the Agency in pursuance of Federal 
law or in connection with the transaction of public business and 
preserved or appropriate for preservation by the Agency or its 
legitimate successor as evidence of the organization, functions, 
policies, decisions, procedures, operations, or other activities of the 
Government or because of the informational value of data contained 
therein. Library or museum material made or acquired solely for 
reference or exhibition purposes is not included within the definition 
of the term ``records.''
    (c) Deputy Director means the Deputy Director of the Agency.
    (d) The acronym FOIA stands for the Freedom of Information Act, as 
amended (5 U.S.C. 552).



Sec. 602.3  General policy.

    (a) In accordance with section 2 of the Arms Control and Disarmament 
Act, as amended (22 U.S.C. 2551), it is the policy of ACDA to carry out 
as one of its primary functions the dissemination and coordination of 
public information concerning arms control, nonproliferation, and 
disarmament.
    (b) In compliance with the FOIA, ACDA will make available upon 
request by members of the public to the fullest extent practicable all 
Agency records under its jurisdiction, as described in the FOIA, except 
to the extent that they may be exempt from disclosure under the FOIA and 
Sec. 602.31.



              Subpart B--Procedure for Requesting Records.



Sec. 602.10  Requests for records..

    (a) A written request for records should be addressed to: FOIA 
Officer, U.S. Arms Control and Disarmament Agency, 320 21st Street, NW., 
Washington, DC 20451. To facilitate processing, the letter of request 
and envelope should be conspicuously marked ``FOIA request.''.
    (b) The request should identify the desired record or reasonably 
describe it. The identification should be as specific as possible so 
that a record can be found readily. Blanket requests or requests for 
``the entire file of'' or ``all matters relating to'' a specified 
subject will not be accepted. The Agency will make any reasonable effort 
to assist the requester in sharpening the request to eliminate 
extraneous and unwanted materials and to keep search and copying fees to 
a minimum..
    (c) If a fee is chargeable under subpart C of this part for search 
or duplication costs incurred in connection with a request for an Agency 
record, the request should include the anticipated fee or should ask for 
a determination of such fee. Any chargeable fee must be paid in full 
prior to issuance of requested materials. The method of payment is 
described in Sec. 602.24..



Sec. 602.11  Requests in person..

    A member of the public may request an Agency record by making an 
appointment to apply in person between the hours of 8:30 a.m. and 4 p.m. 
at the ACDA Office of Public Affairs, 320 21st Street, NW., Washington, 
DC 20451. Form ACDA-21, Public Information Service Request, is available 
at the ACDA Office of Public Affairs for the convenience of members of 
the public in requesting Agency records..



Sec. 602.12  Availability of records at the ACDA Office of Public Affairs..

    (a) A current index identifying all available records is kept on 
file at the ACDA Office of Public Affairs. Copies of this index may be 
obtained free upon request..
    (b) In addition, the ACDA Office of Public Affairs will maintain or 
have available, unless authorized to be withheld, certain types of 
unclassified

[[Page 313]]

records, including but not necessarily limited to the following:
    (1) A copy of the ACDA Manual and other Agency regulations, 
including a copy of title 22 of the Code of Federal Regulations (CFR) 
and any other title of the CFR in which Agency regulations have been 
published;
    (2) Copies of arms control and disarmament treaties or agreements in 
force;
    (3) Research contracts between the Agency and universities or other 
non-Government organizations; and
    (4) Reimbursable agreements with other Government agencies.
    (c) Copies of records available to the public may be inspected by a 
requester in the ACDA Office of Public Affairs during the business hours 
stated in Sec. 602.11. Copies of records made available for inspection 
may not be removed by any requester from the ACDA Office of Public 
Affairs.



Sec. 602.13  Copies of records.

    (a) The Agency will provide copies of requested records of the same 
type and quality that it would provide to personnel of another U.S. 
Government agency in the course of official business. It will not accept 
requests for special types of copying processes or for special standards 
of quality of reproduction.
    (b) Copies of records requested will be reproduced as promptly as 
possible and mailed to the requester. Chargeable fees will be determined 
according to the schedule set forth in subpart C of this part. The FOIA 
Officer is authorized to limit copies of each requested record to ten or 
fewer when there exists an extraordinary demand for the number of 
available copies or when requirements place excessive demands on the 
Agency's copying facilities.



Sec. 602.14  Records of other agencies, governments and international organizations.

    (a) Requests for records that were originated by or are primarily 
the concern of another U.S. Government department or agency shall be 
forwarded to the particular department or agency involved, and the 
requester notified in writing.
    (b) Requests for records that have been furnished to the Agency by 
foreign governments or by international organizations will not normally 
be released unless the organization or government concerned has 
indicated that the particular information should or may be made public. 
Where international organizations or foreign governments concerned have 
not made such a determination, the requester will be so advised, and if 
possible, furnished the address to which the request may be sent.



Sec. 602.15  Overseas requests.

    Pursuant to the general policy outlined in Sec. 602.3, ACDA has made 
arrangements to provide the United States Information Agency (USIA) with 
material for dissemination abroad, such as information on official U.S. 
positions on arms control and disarmament policy. Requests originating 
in an area served by a USIA office which are received at Agency 
headquarters, will be referred to USIA when appropriate for direct 
response to the requester.



Sec. 602.16  Responses and time limits on requests.

    (a) The FOIA requires an initial determination on a request for an 
Agency record to be made within ten working days after receipt of the 
request.
    (b) If it is determined that the requested record (or portions 
thereof) will be made available, the requested material will be 
forwarded promptly after the initial determination, provided any 
applicable fee has been paid in full.
    (c) If prior to making an initial determination it is anticipated 
that the costs chargeable for a request will amount to more than $25.00 
or more than the amount of the payment accompanying the request, 
whichever is larger, the requester shall be promptly notified of the 
total amount of the anticipated fee or such portion thereof as can 
readily be estimated. In these instances, an advance deposit in the 
estimated amount of the search, review, and copying costs may be 
required. The request for an advance deposit shall extend an offer to 
the requester to consult with Agency personnel in order to

[[Page 314]]

reformulate the request in a manner that will reduce the fee, yet still 
meet the needs of the requester.
    (d) In instances where the Agency has requested an advance deposit, 
the date of receipt of the deposit will be considered as the request 
date which begins the period of response by the Agency.
    (e) Receipt of a request for Agency records will be determined by 
the time and date the request is received.
    (f) Where an obvious delay in receipt of a request has occurred, 
such as in cases where the requester has failed to address the request 
properly, or where a delay has been caused in the mails, the Agency will 
dispatch to the requester an acknowledgment of the receipt of the 
request.



Sec. 602.17  Time extensions.

    (a) In unusual circumstances, the time limit for an initial or final 
determination may be extended, but not to exceed a total of ten working 
days in the aggregate in the processing of any specific request for an 
Agency record.
    (b) ``Unusual circumstances'' means, but only to the extent 
reasonably necessary to the proper processing of the particular case:
    (1) The need to search for and collect the requested records from 
other establishments that are physically separate from ACDA 
headquarters;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request.



Sec. 602.18  Inability to comply with requests.

    (a) When a request cannot be fulfilled, the requester will be so 
informed with reasons, and any fees returned after deduction of 
applicable search costs. Such reasons may include, but are not limited 
to the following:
    (1) Insufficient or vague identifying information which makes 
identification or location of the record impossible;
    (2) No such record in existence;
    (3) Record available for purchase from the Government Printing 
Office or elsewhere; or
    (4) Records destroyed pursuant to the Records Disposal Act.
    (b) Inability to comply with requests shall be processed the same as 
denials of records, i.e., notification to the requester shall be in 
writing, shall set forth the reasons therefor, shall be signed by the 
name and title of the FOIA Officer, and shall include an explanation of 
the requester's right to appeal, including the address to which an 
appeal may be directed.



Sec. 602.19  Predisclosure notification for confidential commercial information

    (a) When notification is required. If a request under the FOIA seeks 
a record that contains information submitted by a person or entity 
outside the Federal government that arguably is exempt from disclosure 
under exemption 4 of the FOIA because disclosure could reasonably be 
expected to cause substantial competitive harm, the Agency shall notify 
the submitter that such a request has been made whenever:
    (1) The submitter has made a good faith designation of information, 
less than ten years old, as confidential commercial or financial 
information, or
    (2) The Agency has reason to believe that disclosure of the 
information could reasonably be expected to cause substantial 
competitive harm.
    (b) Notification to submitter. The notice to the submitter shall 
either describe the exact nature of the business information requested 
or provide copies of the records or portions of records containing the 
information. The notice shall afford the submitter a reasonable period 
of time, based on the amount and/or complexity of the information, 
within which to object to disclosure.
    (c) Objection by submitter. Any objection by a submitter to 
disclosure must be made in writing and sent to: FOIA Officer, U.S. Arms 
Control and Disarmament Agency, 320 21st Street, NW., Washington, DC 
20451. It should identify the portion(s) of the information to which 
disclosure is objected, and should include a detailed statement of

[[Page 315]]

all claimed grounds for withholding any of the information under the 
FOIA and, in the case of exemption 4, an explanation of why the 
information constitutes a trade secret or commercial or financial 
information that is privileged and confidential, including a 
specification of any claim of competitive or other business harm that 
would result from disclosure.
    (d) Notification to requester. The Agency shall notify the requester 
in writing when any notification to a submitter is made pursuant to 
paragraph (a) of this section.
    (e) When notification is not required. Notification to a submitter 
is not required if:
    (1) The Agency determines that the information requested should not 
be disclosed;
    (2) Disclosure is required by statute (other than FOIA) or by 
regulation; or
    (3) The information has previously been lawfully published or 
officially made available to the public.
    (f) Notice of intent to disclose. If the Agency determines that 
despite the objection of the submitter the requested information should 
be disclosed, in whole or in part, it shall notify both the requester 
and the submitter of the decision and shall provide to the submitter in 
writing:
    (1) A brief explanation of why the submitter's objections were not 
sustained;
    (2) A description of the information to be disclosed; and
    (3) A specified disclosure date that provides a reasonable period of 
time between receipt of the notice and the disclosure date.
    (g) Notice of lawsuit. (1) Whenever a requester brings legal action 
to compel disclosure of information covered by paragraph (a) of this 
section, the Agency shall promptly notify the submitter in writing.
    (2) Whenever a submitter brings legal action to prevent disclosure 
of information covered by paragraph (a) of this section, the Agency 
shall promptly notify the requester in writing.



                             Subpart C--Fees



Sec. 602.20  Fees for records search, review, copying, certification, and related services.

    The fees for search, review, and copying services for Agency records 
under the FOIA or the Privacy Act are as follows:
    (a) When documents are requested for commercial use, requesters will 
be assessed the full direct costs for searching for, reviewing for 
release, and copying the records sought. A ``commercial use'' request 
refers to a request from or on behalf of one who seeks information for a 
use or purpose that furthers the commercial, trade, or profit interests 
of the requester or the person on whose behalf the request is made.
    (b) Requesters from educational and noncommercial scientific 
institutions will be assessed only copying costs.
    (c) Requesters who are representatives of the news media (persons 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public) will be assessed only copying 
costs.
    (d) All other requesters will be assessed fees which recover the 
full and reasonable direct cost of searching for, reviewing for release, 
and copying records that are responsive to the request.
    (e) Requesters from educational and noncommercial scientific 
institutions, representatives of the news media, and all other 
noncommercial users, will not be assessed for the first 100 pages of 
copying or the first two hours of search time. Commercial use requesters 
will not be entitled to these free services.
    (f) The search and review hourly fees will be based upon employee 
grade levels in order to recoup the full, allowable direct costs 
attributable to their performance of these functions.
    (g) The fee for paper copy reproduction will be $.20 per page.
    (h) The fee for duplication of computer tape or printout 
reproduction or other reproduction (e.g., microfiche) will be the 
actual, cost, including operator time.

[[Page 316]]

    (i) If the cost of collecting any fee would be equal to or greater 
than the fee itself, it will not be assessed.
    (j) A fee may be charged for searches that are not productive and 
for searches for records or parts of records that subsequently are 
determined to be exempt from disclosure.
    (k) Interest charges may be assessed on any unpaid bill starting on 
the 31st day following the day on which the billing was sent, at the 
rate prescribed in 31 U.S.C. 3717 and will accrue from the date of 
billing. The Debt Collection Act, including disclosure to consumer 
reporting agencies and the use of collection agencies, will be utilized 
to encourage payment where appropriate.
    (l) If search charges are likely to exceed $25.00, the requester 
will be notified of the estimated fees unless the requester's 
willingness to pay whatever fee is assessed has been provided in 
advance.
    (m) An advance payment (before work is commenced or continued on a 
request) may be required if the charges are likely to exceed $250.00. 
Requesters who have previously failed to pay a fee in a timely fashion 
(i.e., within 30 days of the date of billing) may be required to pay 
this amount plus any applicable interest (or demonstrate that the fee 
has been paid) and them make an advance payment of the full amount of 
the estimated fee before the new or pending request is processed.



Sec. 602.21  Waiver or reduction of fees.

    Documents shall be furnished without any charge or at a charge 
reduced below the fees set forth in Sec. 602.20 if disclosure of the 
information is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities of 
the government and is not primarily in the commercial interest of the 
requester. The following six factors will be employed in determining 
when such fees shall be waived or reduced:
    (a) The subject of the request: Whether the subject of the requested 
records concerns ``the operations or activities of the government;''
    (b) The informative value of the information to be disclosed: 
Whether the disclosure is ``likely to contribute'' to an understanding 
of government operations or activities;
    (c) The contribution to an understanding of the subject by the 
general public likely to result from disclosure: Whether disclosure of 
the information will contribute to the ``public understanding;''
    (d) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute ``significantly'' to 
public understanding of government operations or activities;
    (e) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so
    (f) The primary interest in disclosure: Whether the magnitude of the 
identified commercial interest of the requester is sufficiently large, 
in comparison with the public interest in disclosure, that disclosure is 
``primarily in the commercial interest of the requester.''



Sec. 602.22  [Reserved]



Sec. 602.23  GPO and free publications.

    (a) The index of records available in the Agency's Office of Public 
Affairs will list the sales offices of records published by the 
Government Printing Office (GPO). The Agency will refer each requester 
to the appropriate sales office and refund any fee payments accompanying 
the request. Published records out of print at the GPO may be copied by 
the Agency for the requester at the requester's expense in accordance 
with the fee schedule established for copying service. In some instances 
the Agency may have extra copies of out of print GPO records. These 
extra copies will be provided to requesters at the printed GPO price.
    (b) The Agency makes some publications or records available to the 
public without charge. These regulations neither change that practice 
nor require payment of a fee by a requester unless the original stock 
has been exhausted any copying services are necessary to satisfy a 
request.

[[Page 317]]



Sec. 602.24  Method of payment.

    (a) Payment may be in the form of cash, a personal check or bank 
draft drawn on a bank in the United States, or a postal money order. 
Remittances shall be made payable to the Treasury of the United States 
and mailed or delivered to the FOIA Officer, U.S. Arms Control and 
Disarmament Agency, 320 21st Street, NW., Washington, DC 20451. Cash 
should not be sent by mail.
    (b) A receipt for fees paid will be given upon request.



                      Subpart D--Denials of Records



Sec. 602.30  Denials.

    (a) Requests for inspection or copies of records may be denied where 
the information or record is exempt from disclosure for reasons stated 
in Sec. 602.31.
    (b) Denials shall be in writing, shall set forth the reasons 
therefor, shall be signed by the FOIA Officer and shall include an 
explanation of the requester's right to appeal, including the address to 
which an appeal may be directed.



Sec. 602.31  Exemptions.

    The requirements of this part to make Agency records available do 
not apply to matters that are:
    (a) Specifically authorized under criteria established by an 
Executive Order to be kept secret in the interest of national defense or 
foreign policy and are in fact properly classified pursuant to such 
Executive Order;
    (b) Related solely to the internal personnel rules and practices of 
the Agency;
    (c) Specifically exempted from disclosure by statute;
    (d) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (e) Inter-agency or intra-agency memoranda or letters that would not 
be available by law to a private party in litigation with the Agency;
    (f) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (g) Records or information compiled for law enforcement purposes, 
but only to the extent that the production of such law enforcement 
records or information.
    (1) Could reasonably be expected to interfere with enforcement 
proceedings;
    (2) Would deprive a person of a right to a fair trial or impartial 
adjudication;
    (3) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (4) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local or foreign agency or 
authority or any private institution that furnished information on a 
confidential basis, and, in the case of a record or information compiled 
by a criminal law enforcement authority in the course of a criminal 
investigation, or by an agency conducting a lawful national security 
intelligence investigation, information furnished by a confidential 
source;
    (5) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (6) Could reasonably be expected to endanger the life or physical 
safety of any individual.
    (h) Contained in or related to examination, operating or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial institutions; 
or
    (i) Geological and geophysical information and data, including maps, 
concerning wells.



                 Subpart E--Review of Denials of Records



Sec. 602.40  Procedure for appealing initial determinations to withhold records.

    (a) A member of the public who has requested an Agency record in 
accordance with subpart B of this part and who has received an initial 
determination that does comply fully with the request, may appeal such a 
determination.
    (b) The appeal shall:

[[Page 318]]

    (1) Be in writing;
    (2) Be initiated within 30 working days of the initial determination 
denying the request;
    (3) Include a copy of the initial written request, a copy of the 
letter of denial, and the requester's reasons for appealing the denial; 
and
    (4) Be addressed to the Deputy Director, U.S. Arms Control and 
Disarmament Agency, 320 21st Street, NW., Washington, DC 20451.
    (c) The 30-day period for appealing a denial begins on he date of 
the denial letter. The 30-day limitation may be waived by the Agency for 
good cause shown. The Agency will consider any request closed if, within 
30 working days after a complete or partial denial, the requester fails 
to appeal the denial.



Sec. 602.41  Decision on appeal.

    (a) Review and final determination on an appeal shall be made by the 
Deputy Director.
    (b) [Reserved]
    (c) Review of an appeal shall be made on the submitted record. No 
personal appearance, oral argument, or hearing shall be permitted.
    (d) The final determination on an appeal from a denial shall be made 
by the Deputy Director within 20 working days of receipt of the appeal 
by the Agency.
    (e) If the final determination is to release the withheld material, 
the requester will be notified immediately and the material will be 
forwarded promptly in accordance with the procedure described in 
Sec. 602.16 for notifications of initial determinations.
    (f) If the final determination is to continue to withhold material 
in whole or in part, the requester will be notified immediately of the 
determination, the reasons therefore, and the right to judicial review.
    (g) All decisions will be indexed and available for inspection and 
copying in the same manner as other Agency final orders and opinions, if 
any, under 5 U.S.C. 552(a)(2).



                Subpart F--Annual report to the Congress



Sec. 602.50  Requirements for annual report.

    (a) On or before March 1 of each calendar year, ACDA shall submit a 
report covering the preceding calendar year to the Speaker of the House 
of Representatives and the President of the Senate for referral to the 
appropriate committees of the Congress. The report shall include the 
following information:
    (1) The number of determinations made by ACDA not to comply with 
requests for records made to the Agency under this part and the reasons 
for each such determination;
    (2) The number of appeals made by persons under subpart E of this 
part, the result of such appeals, and the reason for the action upon 
each appeal that results in a denial of information;
    (3) The names and titles or positions of each person responsible for 
the denial of records requested under this part, and the number of 
instances of participation for each;
    (4) The results of each proceeding conducted pursuant to 5 U.S.C. 
552(a)(4)(F), including a report of the disciplinary action taken 
against the officer or employee who was primarily responsible for 
improperly withholding records or an explanation of why disciplinary 
action was not taken;
    (5) A copy of this part 602 and any other rule or regulation made by 
ACDA regarding 5 U.S.C. 552;
    (6) A copy of the fee schedule and the total amount of fees 
collected by ACDA for making records available under this part; and
    (7) such other information as indicates efforts to administer fully 
this part.
    (b) The FOIA Officer will be responsible for preparing the report 
for review and submission to the Congress.



PART 603--PRIVACY ACT POLICY AND PROCEDURES--Table of Contents




Sec.
603.1  Purpose and scope.

[[Page 319]]

603.2  Definitions.
603.3  Policy.
603.4  Requests for determination of existence of records.
603.5  Requests for disclosure to an individual of records pertaining to 
          the individual.
603.6  Requests for amendment of records.
603.7  Appeals from denials of requests.
603.8  Exemptions.
603.9  New and amended systems of records.
603.10  Fees.

    Authority: 5 U.S.C. 552a; 22 U.S.C. 2581; and 31 U.S.C. 9701.

    Source: 61 FR 51593, Oct. 3, 1996, unless otherwise noted.



Sec. 603.1  Purpose and scope.

    This part 603 contains the regulations of the U.S. Arms Control and 
Disarmament Agency implementing the provisions of the Privacy Act of 
1974, 5 U.S.C. 552a. In addition to containing internal policies and 
procedures, these regulations set forth procedures whereby an individual 
can determine if a system of records maintained by the Agency contains 
records pertaining to the individual and can request disclosure and 
amendment of such records. These regulations also set forth the bases 
for denying amendment requests and the procedures for appealing such 
denials.



Sec. 603.2  Definitions.

    As used in this part:
    (a) Act means the Privacy Act of 1974, 5 U.S.C. 552a.
    (b) ACDA and Agency mean the U.S. Arms Control and Disarmament 
Agency.
    (c) Privacy Act Officer means the Agency official who receives and 
acts upon inquiries, requests for access and requests for amendment.
    (d) Deputy Director means the Deputy Director of the Agency.
    (e) Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence;
    (f) Maintain includes maintain, collect, use, or disseminate;
    (g) Record means any item, collection, or grouping of information 
about an individual that is maintained by an agency, including, but not 
limited to, education, financial transactions, medical history, and 
criminal or employment history and that contains the name of, or the 
identifying number, symbol, or other identification particularly 
assigned to, the individual, such as a finger or voice print or a 
photograph;
    (h) System of records means a group of any records under the control 
of any agency from which information is retrieved by the name of the 
individual or by some identifying number, symbol, or other 
identification particularly assigned to the individual;
    (i) Statistical record means a record in a system of records 
maintained for statistical research or reporting purposes only and not 
used in whole or in part in making any determination about an 
identifiable individual, except as provided by section 8 of title 13 
U.S.C.; and
    (j) Routine use means, with respect to the disclosure of a record, 
the use of such record for a purpose which is compatible with the 
purpose for which it was collected.



Sec. 603.3  Policy.

    (a) It is the policy of the Agency that only such information about 
an individual as is relevant and necessary to accomplish a purpose of 
the Agency required to be accomplished by statute or by executive order 
of the President shall be maintained in an Agency record. No information 
about the political or religious beliefs and activities of an individual 
will be maintained within such records unless specifically authorized by 
statute or by the subject individual, or unless pertinent to and within 
the scope of a law enforcement activity.
    (b) The Agency will not disclose any record that is contained in a 
system of records to any person, or to another agency, except pursuant 
to a written request by, or with the prior written consent of, the 
individual to whom the record pertains, unless disclosure of the record 
is:
    (1) To those officers and employees of the Agency who have a need 
for the record in the performance of their duties;
    (2) Required under the Freedom of Information Act, as amended (5 
U.S.C. 552);

[[Page 320]]

    (3) For a routine use, notice of which has been published in 
accordance with the Act;
    (4) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
title 13 U.S.C.;
    (5) To a recipient who has provided the Agency with advance adequate 
written assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in a 
form that is not individually identifiable;
    (6) To the National Archives of the United States as a record that 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for evaluation by the 
Administrator of General Services or his/her designee to determine 
whether the record has such value;
    (7) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authorized 
by law, and if the head of the agency or instrumentality has made a 
written request to the Agency that maintains the record specifying the 
particular portion desired and the law enforcement activity for which 
the record is sought;
    (8) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (9) To either House of Congress, or, to the extent of matter within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
    (10) To the Comptroller General, or any authorized representatives, 
in the course of the performance of the duties of the General Accounting 
Office; or
    (11) Pursuant to the order of a court of competent jurisdiction.
    (c) Except for disclosures of information to Agency employees having 
need for the information in the official performance of their duties or 
required under the provisions of the Freedom of Information Act, an 
accurate accounting of each disclosure will be made and retained for 
five years after the disclosure or for the life of the record, whichever 
is longer. The accounting will include the date, nature, and purpose of 
each disclosure and the name and address of the person or agency to whom 
the disclosure is made. Each such disclosure, unless made to agencies 
engaged in law enforcement activities in accordance with paragraph 
(b)(7) of this section, will be made available to the individual upon 
request.
    (d) To the greatest extent practicable, information that may result 
in an adverse determination about an individual shall be collected from 
that individual, and the individual will be informed of the purposes for 
which the information will be used and any rights, benefits, and 
obligations with respect to supplying the data.
    (e) The Agency shall ensure that all records that are used by the 
Agency to make a determination about any individual are maintained with 
such accuracy, relevance, timeliness and completeness as is reasonably 
necessary to assure fairness to the individual. Whenever information 
about an individual contained in an Agency record is used or disclosed, 
the custodian of the system of records in which the record is located 
will make every effort to ensure that it is accurate, relevant, timely 
and complete.
    (f) The Agency shall establish appropriate administrative, 
technical, and physical safeguards to ensure that records are disclosed 
only to those who are authorized to have access to them and to protect 
against any anticipated threats or hazards to their security or 
integrity that would result in substantial harm, embarrassment, 
inconvenience, or unfairness to any individual on whom information is 
maintained.
    (g) Agency records pertaining to an individual shall be made 
available to that individual to the greatest extent possible.
    (h) No lists of names and addresses will be rented or sold unless 
such action is specifically authorized by law, provided that names and 
addresses otherwise permitted to be made public will not necessarily be 
withheld when requested.

[[Page 321]]

    (i) All requests for information under the Privacy Act received by 
the Agency will be acted upon as promptly as possible.



Sec. 603.4  Requests for determination of existence of records.

    Any individual desiring to know whether any system of records 
maintained by the Agency contains a record pertaining to the individual 
shall send a written request to the Privacy Act Officer, U.S. Arms 
Control and Disarmament Agency, 320 21st Street, NW., Washington, DC 
20451. All requests for determination of the existence of records should 
include sufficient information to identify the system of records, such 
as its name or Federal Register identifier number if known, in addition 
to such identifying information as the individual's name and date of 
birth.



Sec. 603.5  Requests for disclosure to an individual of records pertaining to the individual.

    (a) An individual desiring access to or copies of records maintained 
by the Agency shall send a written request to the Privacy Act Officer, 
U.S. Arms Control and Disarmament Agency, 320 21st Street, NW., 
Washington, DC 20451. All requests for disclosure to an individual of 
records pertaining to that individual should include sufficient 
information to identify the record or system of records such as its name 
or Federal Register identifier number if known, in addition to such 
identifying information as the individual's name and date of birth.
    (b)(1) Except as provided in paragraph (b)(2) of this section:
    (i) If the individual making a written request is not personally 
known to the Privacy Act Officer or to other Agency personnel processing 
the request, the written request must include satisfactory evidence that 
the requester is in fact the individual to whom the requested records 
pertain. For this purpose, the Agency normally will be satisfied by the 
receipt of the requester's statement of identity made under penalty of 
perjury.
    (ii) If the individual making a request in person is not personally 
known to the Privacy Act Officer or to other Agency personnel processing 
the request, the requester must present two identification documents (at 
least one of which must bear the requester's picture) containing the 
individual's signature and other suitable evidence of identity. Examples 
of acceptable evidence are a driver's license, passport, employee 
identification card, or military identification card.
    (2) Evidence that the requester is in fact the individual to whom 
the requested records pertain is not required for information that would 
be required to be made available to a third party under the Freedom of 
Information Act (5 U.S.C. 552).
    (c)(1) Access to or copies of records requested pursuant to this 
section shall be furnished except as provided in paragraph (c)(3) of 
this section:
    (i) To an individual making a request in person, upon verification 
of personal identity as required in paragraph (b) of this section, to 
that individual, and if the individual is accompanied by any other 
person, upon the individual's request, to that person, except that the 
Agency may require the individual to furnish a written statement 
authorizing disclosure of the individual's record in the presence of the 
accompanying person.
    (ii) To an authorized representative or designee of an individual, 
if the individual has provided verification of personal identity as 
required in paragraph (b) of this section, and submits a signed, 
notarized statement authorizing and consenting to access or disclosure 
to the representative or designee.
    (iii) To a physician authorized by a signed, notarized statement 
made by the individual making the request, in the event that the records 
requested are medical records of such a nature that the Privacy Act 
Officer has determined that the release of such medical information 
directly to the requester could have an adverse effect on the requester. 
The individual making the request must also provide verification of 
personal identity as required in paragraph (b) of this section.
    (2) Access to records or copies of records requested shall be 
furnished as promptly as possible.

[[Page 322]]

    (3) Access to or copies of records requested pursuant to this 
section shall not be granted if:
    (i) The individual making the request does not comply with the 
requirements for verification of personal identity as required in 
paragraph (b) of this section; or
    (ii) The records are exempt from disclosure pursuant to Sec. 603.8.



Sec. 603.6  Requests for amendment of records.

    (a) An individual may request amendment of a record pertaining to 
that individual by sending a written request to the Privacy Act Officer, 
U.S. Arms Control and Disarmament Agency, 320 21st Street, NW., 
Washington, DC 20451. The request should identify the record sought to 
be amended, specify the precise nature of the requested amendment, and 
state why the requester believes that the record is not accurate, 
relevant, timely or complete.
    (b) Not later than ten (10) days after receipt of such request 
(excluding Saturdays, Sundays and legal holidays), the Privacy Act 
Officer shall promptly:
    (1) Make any correction of any portion of the record pertaining to 
the individual which the Agency considers appropriate; and
    (2) Inform the requester in writing of the action taken by the 
Agency, of the reason for refusing to comply with any portion of the 
request, and of the procedures established by the Agency to consider 
requests for review of such refusals.
    (c) The Privacy Act Officer will refuse to amend a record if the 
information therein is deemed by the Agency:
    (1) To be relevant and necessary to accomplish a purpose of the 
Agency required to be accomplished by statute or by executive order of 
the President; and
    (2) To be maintained with such accuracy, relevance, timeliness and 
completeness as is reasonably necessary to assure fairness to the 
individual in making any determination about the individual; and
    (3) Not to describe how the individual exercises rights guaranteed 
by the First Amendment unless expressly authorized by statute or by the 
individual about whom the record is maintained.
    (d) When the Privacy Act Officer agrees to amend a record, written 
notice that the record has been amended and the substance of the 
amendment will be sent to the last known address of all previous 
recipients of that record shown in Agency's Privacy Act Requests File.



Sec. 603.7  Appeals from denials of requests.

    (a) An individual who disagrees with the refusal of the Privacy Act 
Officer to disclose or amend a record may request a review of such 
refusal within 30 days of receipt of notice of the refusal. Such request 
should be addressed to the Deputy Director, U.S. Arms Control and 
Disarmament Agency, 320 21st Street, NW., Washington, DC 20451, and 
should include a copy of the written request that was refused, a copy of 
the denial complained of, and reasons for appeal from the denial.
    (b) Review shall be made by the Deputy Director on the submitted 
record. No personal appearance, oral argument, or hearing shall be 
permitted.
    (c) Review will be completed and a final determination made not 
later than 30 days (excluding Saturdays, Sundays and legal holidays) 
from the date on which the request for such review is received. This 30-
day limitation may be extended, at the discretion of the Agency for good 
cause shown. The requester will be notified in writing of the Agency's 
final determination.
    (d) If, after completion of the review, the Deputy Director also 
refuses to disclose or amend the record as requested, the notice to the 
individual will advise the individual of the right to file with the 
agency a concise statement setting forth the reasons for disagreement 
with this refusal.
    (e) When an individual has filed with the Agency a statement of 
disagreement following a refusal to amend the record as requested, the 
Agency will clearly note that portion of the record that is disputed and 
will send copies of the statement of disagreement to the last known 
address of all previous recipients of the disputed record shown in the 
Agency's Privacy Act Requests File.

[[Page 323]]



Sec. 603.8  Exemptions.

    (a) As authorized by the Act, the following categories of records 
are hereby exempted from the requirements of sections (c)(3), (d), 
(e)(4) (G), (H) and (I), and (f) of 5 U.S.C. 552a, and will not be 
disclosed to the individuals to which they pertain:
    (1) System of Records of ACDA-4--Statements by Principals during the 
Strategic Arms Limitation Talks, Mutual Balanced Force Reduction 
negotiations, and the Standing Consultative Committee. This system 
contains information classified pursuant to Executive Order 12958 that 
is exempt from disclosure by the Act (5 U.S.C. 552a(k)(1)) in that 
disclosure could damage national security.
    (2) System of Records ACDA-3--Security Records. This system contains 
investigatory material compiled for law enforcement purposes which is 
exempt from disclosure by the Act (5 U.S.C. 552a(k)(2)): Provided, 
however, that if any individual is denied any right, privilege, or 
benefit to which the individual would otherwise be entitled by Federal 
law, or for which the individual would otherwise be eligible, as a 
result of the maintenance of such material, such material will be 
provided to such individual, except to the extent that disclosure of 
such material would reveal the identity of a source who furnished 
information to the Government under an express promise that the identity 
of the source would be held in confidence, or, if furnished to the 
Government prior to September 27, 1975, under an implied promise that 
the identity of the source would be held in confidence.
    (3) Systems of Records ACDA-3--Security Records. This system 
contains investigatory materials compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information which is exempt from disclosure by the Act (5 
U.S.C. 552a(k)(5)), but only to the extent that disclosure of such 
material would reveal the identity of a source who furnished information 
to the Government under an express promise that the identity of the 
source would be held in confidence, or, if furnished to the Government 
prior to September 27, 1975, under an implied promise that the identity 
of the source would be held in confidence.
    (b) Nothing in these regulations shall be construed to allow an 
individual access to:
    (1) Any information compiled in reasonable anticipation of a civil 
action or proceeding; or
    (2) Testing or examination material used solely to determine 
individual qualification for appointment or promotion in the Federal 
Service, the disclosure of which would compromise the objectivity or 
fairness of the testing or examination process.



Sec. 603.9  New and amended systems of records.

    (a) The Agency shall provide adequate advance notice to Congress and 
to the Office of Management and Budget of any proposal to establish or 
alter any system of records. Such notice shall be in a form consistent 
with guidance on content, format and timing issued by the Office of 
Management and Budget.
    (b) The Agency shall publish by August 31 of each year in the 
Federal Register a notice of the existence and character of each system 
of records maintained by the Agency. Such notice shall be consistent 
with guidance on format contained in the Act and issued by the General 
Services Administration. At least 30 days before any new or changed 
routine use of records contained within a system of records can be made, 
the Agency shall publish notice of such new or changed use in the 
Federal Register.



Sec. 603.10  Fees.

    Fees to be charged in responding to requests under the Privacy Act 
shall be, to the extent permitted by paragraph (f)(5) of the Act, the 
rates established in title 22 CFR 602.20 for responding to requests 
under the Freedom of Information Act.



PART 604--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT--Table of Contents




Sec.
604.1  Definitions.
604.2  Scope of regulations.
604.3  Exceptions.

[[Page 324]]

604.4  Administrative claim; when presented.
604.5  Administrative claim; who may file.
604.6  Administrative claim; evidence and information to be submitted.
604.7  Authority to adjust, determine, compromise and settle.
604.8  Limitation on Agency authority.
604.9  Referral to the Department of Justice.
604.10  Investigation and examination.
604.11  Limitations.
604.12  Signatures.
604.13  Penalties.
604.14  Attorney fees.
604.15  Disclosure of information.
604.16  Final denial of claim.
604.17  Action on approved claims.

    Authority: 28 U.S.C. 2672; 28 CFR 14.11.

    Source: 33 FR 14593, Sept. 28, 1968, unless otherwise noted.



Sec. 604.1   Definitions.

    Agency. Agency means the United States Arms Control and Disarmament 
Agency.
    Act. Act means Federal Tort Claims Act, as amended, codified in 
title 28 of the United States Code, sections 2671 to 2680.
    Attorney. Attorney means any person who is a member in good standing 
of the bar of the highest court of any State, possession, territory, 
Commonwealth, or the District of Columbia (Representation Before Federal 
Agencies, 5 U.S.C. 500(b)).
    Employee. Employee includes anyone serving in the Agency as:
    (a) A person appointed by the President and confirmed by the Senate 
to a position in the Agency.
    (b) A person appointed by the Director or by his designee to a 
position in the Agency.
    (c) A special Government employee appointed by the Director or his 
designee to perform, with or without compensation, for not to exceed 130 
days during any period of 365 consecutive days, temporary duties either 
on a full time or intermittent basis (18 U.S.C. 202).
    Federal agency. Federal agency includes the executive departments, 
the military departments, independent establishments of the United 
States, and corporations primarily acting as instrumentalities or 
agencies of the United States, but does not include any contractor with 
the United States.
    State. State means a State, a territory or possession of the United 
States including a Commonwealth, or the District of Columbia.



Sec. 604.2   Scope of regulations.

    The regulations in this part shall apply only to claims asserted 
under the Federal Tort Claims Act, as amended, for money damages against 
the United States for injury, or loss of property or personal injury or 
death caused by the negligent or wrongful act or omission of any 
employee of the Agency while acting within the scope of his office or 
employment, under circumstances where the United States, if a private 
person, would be liable to the claimant in accordance with the law of 
the place where the act or omission occurred.



Sec. 604.3   Exceptions.

    As provided in section 2680 of the Act, claims not compensable 
hereunder include:
    (a) Any claim based upon an act or omission of an employee of the 
Government, exercising due care, in the execution of a statute or 
regulation, whether or not such statute or regulation be valid, or based 
upon the exercise or performance or the failure to exercise or perform a 
discretionary function or duty on the part of a Federal agency or an 
employee of the Government, whether or not the discretion involved be 
abused.
    (b) Any claim arising out of assault, battery, false imprisonment, 
false arrest, malicious prosecution, abuse of process, libel, slander, 
misrepresentation, deceit, or interference with contract rights.
    (c) Any claim arising in a foreign country.



Sec. 604.4   Administrative claim; when presented.

    (a) For the purposes of the provisions of section 2672 of the Act 
and of this part, a claim shall be deemed to have been presented when 
the Agency receives, in the office designated in paragraph (b) of this 
section, an executed ``Claim for Damage or Injury'', Standard Form 95, 
or other written notification of an incident, accompanied by a claim for 
money damages in a sum certain for injury to or loss of property, 
personal injury or death alleged to

[[Page 325]]

have occurred by reason of the incident. The claimant may, if he 
desires, file a brief with his claim setting forth the law or other 
arguments in support of his claim. In cases involving claims by more 
than one person arising from a single accident or incident, individual 
claim forms shall be used. A claim which should have been presented to 
the Agency, but which was mistakenly addressed to or filed with another 
Federal agency, shall be deemed to have been presented to the Agency as 
of the date the claim is received by the Agency. If a claim is 
mistakenly addressed to or filed with the Agency, the Agency shall 
transfer it forthwith to the appropriate agency.
    (b) A claimant shall mail, or deliver his claim to the Office of the 
General Counsel, United States Arms Control and Disarmament Agency, 
State Department Building, 320 21st Street NW., Washington, DC 20451.



Sec. 604.5   Administrative claim; who may file.

    (a) A claim for injury to or loss of property may be presented by 
the owner of the property, his duly authorized agent or legal 
representative.
    (b) A claim for personal injury may be presented by the injured 
person, his duly authorized agent, or legal representative.
    (c) A claim based on death may be presented by the executor or 
administrator of the decedent's estate, or by any other person legally 
entitled to assert such a claim in accordance with applicable State law.
    (d) A claim for loss wholly compensable by an insurer with the 
rights of a subrogee may be presented by the insurer. A claim for loss 
partially compensated by an insurer with the rights of a subrogee may be 
presented by the insurer or insured individually, as their respective 
interests appear, or jointly. When an insurer presents a claim asserting 
the rights of a subrogee, he shall present with his claim appropriate 
evidence that he has the rights of a subrogee.
    (e) A claim presented by an agent or legal representative shall be 
presented in the name of the claimant, be signed by the agent or legal 
representative, show the title or legal capacity of the person signing, 
and be accompanied by evidence of his authority to present a claim on 
behalf of the claimant as agent, executor, administrator, parent, 
guardian, attorney, or other representative.



Sec. 604.6   Administrative claim; evidence and information to be submitted.

    (a) Death. In support of a claim based on death, the claimant may be 
required to submit the following evidence or information:
    (1) An authenticated death certificate or other competent evidence 
showing cause of death, date of death, and age of the decedent.
    (2) Decedent's employment or occupation at time of death, including 
his monthly or yearly salary or earnings (if any), and the duration of 
his last employment or occupation.
    (3) Full names, addresses, birth dates, kinship, and marital status 
of the decedent's survivors, including identification of those survivors 
who were dependent for support upon the decedent at the time of his 
death.
    (4) Degree of support afforded by the decedent to each survivor 
dependent upon him for support at the time of his death.
    (5) Decedent's general physical and mental condition before death.
    (6) Itemized bills for medical and burial expenses incurred by 
reason of the incident causing death, or itemized receipts of payment 
for such expenses.
    (7) If damages for pain and suffering prior to death are claimed, a 
physician's detailed statement specifying the injuries suffered, 
duration of pain and suffering, any drugs administered for pain and the 
decedent's physical condition in the interval between injury and death.
    (8) Any other evidence or information which may have a bearing on 
either the responsibility of the United States for the death or the 
damages claimed.
    (b) Personal injury. In support of a claim for personal injury, 
including pain and suffering, the claimant may be required to submit the 
following evidence or information:
    (1) A written report by his attending physician or dentist setting 
forth the nature and extent of the injury, nature and extent of 
treatment, any degree of

[[Page 326]]

temporary or permanent disability, the prognosis, period of 
hospitalization, and any diminished earning capacity. In addition, the 
claimant may be required to submit to a physical or mental examination 
by a physician employed by the agency or another Federal agency. A copy 
of the report of the examining physician shall be made available to the 
claimant upon the claimant's written request provided that he has, upon 
request, furnished the report referred to in the first sentence of this 
subparagraph and has made or agrees to make available to the Agency any 
other physician's reports previously or thereafter made of the physical 
or mental condition which is the subject matter of his claim.
    (2) Itemized bills for medical, dental, and hospital expenses 
incurred, or itemized receipts of payment for such expenses.
    (3) If the prognosis reveals the necessity for future treatment, a 
statement of expected expenses for such treatment.
    (4) If a claim is made for loss of time from employment, a written 
statement from his employer showing actual time lost from employment, 
whether he is a full or part-time employee, and wages or salary actually 
lost.
    (5) If a claim is made for loss of income and the claimant is self-
employed, documentary evidence showing the amount of earnings actually 
lost.
    (6) Any other evidence or information which may have a bearing on 
either the responsibility of the United States for the personal injury 
or the damages claimed.
    (c) Property damage. In support of a claim for injury to or loss of 
property, real or personal, the claimant may be required to submit the 
following evidence or information:
    (1) Proof of ownership.
    (2) A detailed statement of the amount claimed with respect to each 
item of property.
    (3) An itemized receipt of payment for necessary repairs; or in the 
case of unrepaired property, not less than two itemized written 
estimates of the cost of such repairs signed by reliable and 
disinterested persons who specialize in such work.
    (4) Corroborative statements from two reliable, qualified and 
disinterested persons with respect to the cost, age of property, and 
salvage value, where repair is not economical.
    (5) Any other evidence or information which may have a bearing on 
either the responsibility of the United States for the injury to or loss 
of property or the damages claimed.
    (d) Time limit. All evidence or information required to be submitted 
by this section shall be furnished by the claimant, his duly authorized 
agent or legal representative within a reasonable time. Failure of the 
claimant, his duly authorized agent or legal representative, to furnish 
evidence or information necessary to a determination of his claim within 
2 months after a request therefor has been mailed to the last known 
address of such claimant, agent or representative, may be deemed an 
abandonment of the claim which may thereupon be disallowed.



Sec. 604.7   Authority to adjust, determine, compromise and settle.

    The General Counsel of the Agency, or his designee, is delegated 
authority to consider, ascertain, adjust, determine, compromise, and 
settle claims asserted under the provisions of section 2672 of the Act 
and under this part.



Sec. 604.8   Limitation on Agency authority.

    (a) An award, compromise, or settlement of a claim by the Agency 
under the provisions of section 2672 of the Act, in excess of $25,000, 
shall be effected only with the prior written approval of the Attorney 
General or his designee. For the purposes of this paragraph, a principal 
claim and any derivative claim shall be treated as a single claim.
    (b) An administrative claim may be adjusted, determined, 
compromised, or settled by the Agency under the provisions of section 
2672 of the Act, only after consultation with the Department of Justice, 
when, in the opinion of the Agency:
    (1) A new precedent or a new point of law is involved; or
    (2) A question of policy is or may be involved; or

[[Page 327]]

    (3) The United States is or may be entitled to indemnity or 
contribution from a third party and the Agency is unable to adjust the 
third party claim; or
    (4) The compromise of a particular claim, as a practical matter, 
will or may control the disposition of related claim in which the amount 
to be paid may exceed $25,000.
    (c) An administrative claim may be adjusted, determined, 
compromised, or settled by the Agency under the provisions of section 
2672 of the Act, only after consultation with the Department of Justice 
when the Agency is informed or is otherwise aware that the United States 
or an employee, agent or cost-plus contractor of the United States is 
involved in litigation based on a claim arising out of the same incident 
or transaction.



Sec. 604.9   Referral to Department of Justice.

    When Department of Justice approval or consultation is required 
under Sec. 604.8, or the advice of the Department of Justice is 
otherwise to be requested, the referral or request of the Agency shall 
be transmitted in writing to the Assistant Attorney General, Civil 
Division, Department of Justice by the General Counsel of the Agency or 
his designee.



Sec. 604.10   Investigation and examination.

    The Agency may request any other Federal agency to investigate a 
claim filed under section 2672 of the Act, or to conduct a physical or 
mental examination of the claimant and provide a report of such 
examination.



Sec. 604.11   Limitations.

    (a) Pursuant to the provisions of section 2401(b) of title 28 of the 
United States Code, a tort claim against the United States shall be 
forever barred unless presented in writing to the Agency within two (2) 
years after such claim accrues.
    (b) A suit may not be filed until the claim shall have been finally 
denied by the Agency. Failure of the Agency to make final disposition of 
the claim within six (6) months after it has been presented shall, at 
the option of the claimant any time thereafter, be deemed a final denial 
of the claim for purposes of the Act and of this part.
    (c) A suit shall not be filed for a sum greater than the amount of 
the claim presented to the Agency, except where the increased amount is 
based upon newly discovered evidence not reasonably discoverable at the 
time of presenting the claim to the Agency, or upon allegation and proof 
of intervening facts, relating to amount of the claim.



Sec. 604.12   Signatures.

    The claim and all other papers requiring the signature of the 
claimant shall be signed by the claimant personally or, where 
appropriate, by a duly authorized agent or legal representative.



Sec. 604.13   Penalties.

    Section 287 of title 18, United States Code, imposes a fine of not 
more than $10,000 and imprisonment for not more than 5 years, or both, 
for presenting false claims against the Government. Section 1001 of 
title 18, United States Code, imposes a fine of $10,000 and imprisonment 
for not more than 5 years, or both, for making or using false, 
fictitious, or fraudulent statements or representations in connection 
with a claim against the Government. Under section 231 of title 31, 
United States Code, a civil penalty of forfeiture of $2,000 plus double 
the amount of damages sustained by the United States (together with the 
costs of suit) is provided for presenting false or fraudulent claims.



Sec. 604.14   Attorney fees.

    Subject to the penalties imposed by section 2678 of the Act, no 
attorney shall charge, demand, receive, or collect for services 
rendered, fees in excess of 20 per centum of any award, compromise, or 
settlement made pursuant to section 2672 of the Act.



Sec. 604.15   Disclosure of information.

    Unless otherwise authorized by law or this part, no copy of the 
contents of any claim file within the control of the Agency shall be 
furnished to any person except in the course of duty to other Federal 
agencies.

[[Page 328]]



Sec. 604.16   Final denial of claim.

    Final denial of an administrative claim shall be made by the General 
Counsel, or his designee, in writing and sent to the claimant, his 
attorney, or legal representative by certified or registered mail. The 
notification of final denial may include a statement of the reasons for 
the denial and shall include a statement that, if the claimant is 
dissatisfied with the Agency action, he may file suit in an appropriate 
U.S. District Court not later than 6 months after the date of mailing of 
the notification.



Sec. 604.17  Action on approved claims.

    (a) Payment of a claim approved under this part is contingent on 
claimant's execution of (1) a ``Claim for Damage or Injury'', Standard 
Form 95, (2) a claims settlement agreement, and (3) a ``Voucher for 
Payment'', Standard Form 1145, as appropriate. When a claimant is 
represented by an attorney, the voucher shall designate both the 
claimant and his attorney as payees, and the check shall be delivered to 
the attorney whose address shall appear on the voucher.
    (b) Acceptance by the claimant, his agent, or legal representative, 
of an award, compromise, or settlement made under section 2672 or 2677 
of the Act, is final and conclusive on the claimant, his agent or legal 
representative, and any other person on whose behalf or for whose 
benefit the claim has been presented, and constitutes a complete release 
of any claim against the United States and against any employee of the 
Government whose act or omission gave rise to the claim, by reason of 
the same subject matter.



PART 605--NATIONAL SECURITY INFORMATION REGULATIONS--Table of Contents




Sec.
605.1  Basis.
605.2  Objective.
605.3  Senior agency official.
605.4  Original classification.
605.5  Classification authority.
605.6  Derivative classification.
605.7  Declassification and downgrading.
605.8  Mandatory declassification review.
605.9  Systematic declassification review.
605.10 Safeguarding.

    Authority: E.O. 12958 (60 FR 19825, April 20, 1995); Information 
Security Oversight Office Directive No. 1, 32 CFR 2001.

    Source: 61 FR 64286, Dec. 4, 1996, unless otherwise noted.



Sec. 605.1  Basis.

    These regulations, taken together with the Information Security 
Oversight Office Directive No. 1 dated October 13, 1995, provide the 
basis for the security classification program of the U.S. Arms Control 
and Disarmament Agency (ACDA) implementing Executive Order 12958, 
``Classified National Security Information'' (the Executive Order).



Sec. 605.2  Objective.

    The objective of the ACDA classification program is to ensure that 
national security information is protected from unauthorized disclosure, 
but only to the extent and for such a period as is necessary.



Sec. 605.3  Senior agency official.

    The Executive Order requires that each agency that originates or 
handles classified information designate a senior agency official to 
direct and administer its information security program. The ACDA senior 
agency official is the Deputy Director. The Deputy Director is assisted 
in carrying out the provisions of the Executive Order and the ACDA 
information security program by the Director of Security and by the 
Classification Adviser.



Sec. 605.4  Original classification.

    (a) Definition. Original classification is the initial determination 
that certain information requires protection against unauthorized 
disclosure in the interest of national security (i.e., national defense 
or foreign relations of the United States), together with a designation 
of the level of classification.
    (b) Classification designations--(1) Top Secret shall be applied 
only to information, the unauthorized disclosure of which reasonably 
could be expected to cause exceptionally grave damage to the national 
security. Examples of ``exceptionally grave damage'' include, but are 
not limited to, armed hostilities against the United States or its 
allies;

[[Page 329]]

the compromise of vital national defense plans or cryptologic and 
communications intelligence systems; the revelation of sensitive 
intelligence operations; and the disclosure of scientific or 
technological developments vital to national security.
    (2) Secret shall be applied to information, the unauthorized 
disclosure of which reasonably could be expected to cause serious damage 
to the national security. Examples of ``serious damage'' include, but 
are not limited to, disruption of foreign relations significantly 
affecting the national security; significant impairment of a program or 
policy directly related to the national security; revelation of 
significant military plans or intelligence operations; and compromise of 
significant scientific or technological developments relating to 
national security.
    (3) Confidential shall be applied to information, the unauthorized 
disclosure of which reasonably could be expected to cause damage to the 
national security.
    (c) Classification restraints. (1) The classification level of any 
form of information is premised on an evaluation of its contents as a 
whole, as well as on its relationship to other information.
    (2) In classifying information, the public's interest in access to 
government information must be balanced against the need to protect 
national security information.
    (3) In case of doubt, the lower level of classification is to be 
used.
    (d) Duration of classification. (1) Information shall be classified 
for as long as is required by national security considerations, subject 
to the limitations set forth in section 1.6 of the Executive Order. When 
it can be determined, a specific date or event for declassification 
shall be set by the original classification authority at the time the 
information is originally classified. If a specific date or event for 
declassification cannot be determined, information shall be marked for 
declassification 10 years from the date of the original decision, except 
that the original classification authority may classify for a period 
greater than 10 years specific information that falls within the 
criteria set forth in section 1.6(d) of the Executive Order.
    (2) An original classification authority may extend the duration of 
classification or reclassify specific information for successive periods 
not to exceed 10 years at a time except for records that are more than 
25 years old.
    (3) Information classified for an indefinite duration under 
predecessor orders, such as ``Originating Agency's Determination 
Required,'' shall be subject to the declassification provisions of Part 
3 of the Executive Order, including the provisions of section 3.4 
regarding automatic declassification of records older than 25 years.



Sec. 605.5  Classification authority.

    (a) General. Classification shall be solely on the basis of national 
security considerations. In no case shall information be classified in 
order to conceal violations of law, inefficiency, or administrative 
error, or to prevent embarrassment to a person, organization, or agency.
    (b) Designations. The following ACDA officials shall have original 
classification authority in each of the three designations under which 
they are shown below. This authority vests only in the officials or 
positions designated and, except as provided in paragraph (c) of this 
section, may not be redelegated. In the absence of any of the authorized 
classifiers (for TDY outside Washington, annual leave, temporary 
position vacancy, etc.), the officer acting in that person's position 
may exercise the classifier's authority.
    (1) Top Secret. (i) Director,
    (ii) Deputy Director.
    (2) Secret. (i) Officials having Top Secret classification 
authority,
    (ii) such other officials who have a frequent need to exercise 
Secret authority and are specifically delegated this authority in 
writing by the Director.
    (3) Confidential. (i) Officials having Top Secret and Secret 
classification authority,
    (ii) Other officials who have a frequent need to exercise 
Confidential authority and are specifically delegated this authority in 
writing by the Director.

[[Page 330]]

    (c) Delegation of classification authority. (1) The Executive Order 
restricts delegation of original classification authority to officials 
who have a demonstrable and continuing need to exercise such authority. 
Such delegations shall be held to a minimum.
    (2) If in the judgment of bureau or office heads an officer has a 
demonstrable need for classification authority, a written request over 
the bureau or office head's signature should be forwarded via the 
Director of Security to the Deputy Director for action. The request 
should set forth the officer's name and title, the justification for 
having the authority, and the level of classification authority sought.
    (3) The Director of Security shall maintain a complete current list 
by classification designation of individuals to whom and positions to 
which original classification authority has been delegated.
    (4) Periodic reviews of delegations of classification authority will 
be made by the Director of Security to ensure that officials so 
designated have a continuing need to exercise such authority. 
Recommendations by the Director of Security for discontinuance of 
delegations will be forwarded to the Deputy Director for action.
    (5) Original classification authority shall not be delegated to 
persons who only reproduce, extract, or summarize classified 
information, or who only apply classifications markings derived from 
source material or as directed by a classification guide.
    (d) Classification responsibilities. Each ACDA officer who signs, 
authenticates, or otherwise produces a document is responsible for 
determining that it is properly classified and marked. This 
responsibility includes determining whether the document contains any 
originally classified material (in which case the classification must be 
authorized by an appropriate ACDA classifying official) or contains 
information already classified (in which case the proper derivative 
markings must be applied). Any significant doubt about the level of 
classification shall be resolved in favor of the lower level.
    (e) Classification challenges. Holders of information who believe 
that its classification status is improper are expected and encouraged 
to challenge the need for classification, the classification level, the 
duration of classification, the lack of classification or other aspect 
believed to be improper. Classification challenges shall be directed to 
and decided by the Deputy Director. If the information was not 
originated within or classified by ACDA, it will be referred to the 
Classification Adviser for coordination with the responsible agency or 
department if declassification, downgrading, classification or other 
change in its status appears to be warranted. Individuals making 
challenges to the classification status of information shall not be 
subject to retribution for such action, and they shall be advised of 
their right to appeal the Deputy Director's decision on the challenge to 
the Interagency Security Classification Appeals Panel established by 
section 5.4 of the Executive Order.
    (f) Contractor classification authority. (1) Each ACDA contract 
calling for classified work shall be processed under the National 
Industrial Security Program.
    (2) Each contract processed under the National Industrial Security 
Program requires the preparation of a contract security classification 
specification (DD 254) which serves as the contractor's guidance and 
authority to apply classification markings.
    (3) Each contract processed under the Department of Energy (DOE) 
Security Requirements (i.e., involving restricted data or formerly 
restricted data) shall include a provision for naming a classification 
coordinator in the contractor organization. This individual shall 
coordinate the derived classification of all documents prepared under 
the contract in accordance with guidance received from ACDA via the ACDA 
Contracting Officer's Technical Representative for the contract, or by 
direct consultation on classification problems with the ACDA 
Classification Adviser or the Director of Security.
    (4) Only designated officials of the U.S. Government may originally 
classify information. Contractor personnel, as potential developers of 
classified information, must follow the guidelines

[[Page 331]]

outlined in paragraph (d) of this section entitled ``Classification 
Responsibilities.'' When there is a question involving the original 
classification of information, the contractor is obligated to safeguard 
it in accordance with the classification designation deemed appropriate 
and submit recommendations to ACDA for classification determination.
    (5) In general, the classification of the information provided by 
ACDA for use or reference in the completion of the contract will be the 
source of the classification of documents prepared under the contract.



Sec. 605.6  Derivative classification.

    (a) Definition. Derivative classification is the incorporating, 
paraphrasing, restating or generating in new form information that is 
already classified and the marking of the new material consistent with 
the classification of the source material. Duplication or reproduction 
of existing classified information is not derivative classification.
    (b) Responsibility. Derivative application of classification 
markings is the responsibility of those who prepare material using 
information that is already classified and of those who apply markings 
in accordance with instructions from an authorized classifier or in 
accordance with an authorized classification guide.
    (c) Classification guides. (1) Classification guides used to direct 
derivative classification and issued by ACDA shall specifically identify 
the information to be protected, using categorization to the extent 
necessary to ensure that the information involved can be identified 
readily and uniformly.
    (2) Each classification guide issued by ACDA shall be approved by 
the Senior Agency Official.
    (3) Each classification guide issued by ACDA shall be kept current 
and shall be reviewed as required by directives issued under the 
Executive Order. The Director of Security shall maintain a list of all 
classification guides.



Sec. 605.7  Declassification and downgrading.

    (a) Declassification processes. Declassification of classified 
information may occur:
    (1) after review of material in response to a Freedom of Information 
Act (FOIA), mandatory declassification review, discovery, subpoena, or 
other information access or declassification request;
    (2) after review as part of ACDA's systematic declassification 
review program;
    (3) as a result of the elapse of the time or the occurrence of the 
event specified at the time of classification;
    (4) by operation of the automatic declassification provisions of 
section 3.4 of the Executive Order with respect to material more than 25 
years old.
    (b) Downgrading. When material classified at the Top Secret level is 
reviewed for declassification and it is determined that classification 
continues to be warranted, a determination shall be made whether 
downgrading to a lower level of classification is appropriate. If 
downgrading is determined to be warranted, the classification level of 
the material shall be changed to the appropriate lower level.
    (c) Authority to downgrade and declassify. (1) Classified 
information may be downgraded or declassified by the official who 
originally classified the information if that official is still serving 
in the same position, by a successor in that capacity, by a supervisory 
official of either, by the Classification Adviser, or by any other 
official specifically designated by the Deputy Director. Contractor 
personnel do not have authority to downgrade or declassify.
    (2) The Director of Security shall maintain a record of ACDA 
officials specifically designated by the Deputy Director as 
declassification authorities.
    (d) Declassification after balancing public interest. It is presumed 
that information that continues to meet classification requirements 
requires continued protection. In exceptional cases, however, the need 
to protect such information may be outweighed by the public interest in 
disclosure of the information, and in these cases the information should 
be declassified. When such questions arise, they shall be referred to 
the ACDA official with Top Secret authority having primary jurisdiction 
over the information in question. That official, after consultation with 
the

[[Page 332]]

Public Affairs Adviser and the Classification Adviser, will determine 
whether the public interest in disclosure outweighs the damage to 
national security that reasonably could be expected from disclosure. If 
the determination is made that the information should be declassified 
and disclosed, that official will make such a recommendation to the 
Director or the Deputy Director who shall make the decision on 
declassification and disclosure.
    (e) Public dissemination of declassified information. 
Declassification of information is not authorization for its public 
disclosure. Previously classified information that is declassified may 
be subject to withholding from public disclosure under the FOIA, the 
Privacy Act, and various statutory confidentiality provisions.



Sec. 605.8  Mandatory declassification review.

    (a) Action on requests. (1) All requests to ACDA by a member of the 
public, a government employee, or an agency to declassify and release 
information shall result in a prompt declassification review of the 
information, provided the request describes the document or material 
containing the information with sufficient specificity to enable ACDA to 
locate it with a reasonable amount of effort.
    (2) If a request does not reasonably describe the information 
sought, the Classification Adviser will notify the requester that unless 
additional information is provided or the scope of the request is 
narrowed, no further action will be taken.
    (3) Mandatory declassification review requests should be directed to 
the Classification Adviser, U.S. Arms Control and Disarmament Agency, 
320 21st St., NW., Washington, DC 20451.
    (4) If the request requires the rendering of services for which 
reasonable fees should be charged pursuant to the FOIA and ACDA 
regulations thereunder (22 CFR part 602), such fees shall be imposed at 
the FOIA schedule rates and the requester shall be so notified.
    (5) The Classification Adviser, in consultation with appropriate 
ACDA bureaus and offices, will determine whether, under the Executive 
Order, the requested information may be declassified, in whole or in 
part, and will promptly make any declassified information available to 
the requester, unless the information is exempt from disclosure under 
some other provision of law.
    (b) Appeals from denials. (1) If it is determined that 
declassification of the information requested is not warranted, in whole 
or in part, the requester shall be given a brief statement as to the 
reasons for the decision, a notice of the right to appeal to the Deputy 
Director, and a notice that any such appeal must be filed with ACDA 
within 60 days. Appeals shall be addressed to: Deputy Director, U.S. 
Arms Control and Disarmament Agency, 320 21st St., NW., Washington, DC 
20451.
    (2) The Deputy Director shall act within 30 days of receipt on all 
appeals of denials of requests for declassification. The Deputy Director 
shall determine whether continued classification is required in whole or 
in part. If the Deputy Director determines that continued classification 
is required under the Executive Order, the requester shall be so 
notified and informed of the reasons therefor. The requester shall also 
be advised of the right to appeal any denial to the Interagency Security 
Classification Appeals Panel in accordance with section 5.4 of the 
Executive Order.
    (c) Information classified by another agency. When ACDA receives a 
request for information in its custody that was classified by another 
agency, the Classification Adviser shall forward the request together 
with a copy of the document containing the information requested to the 
classifying agency for review and direct response to the requester. 
Unless the agency that classified the information objects on the ground 
that its association with the information requires protection, the 
Classification Adviser shall also notify the requester of the referral.
    (d) Confirmation of existence or nonexistence of document. In 
responding to a request for mandatory declassification review, the 
Classification Adviser may refuse to confirm or deny the existence or 
nonexistence of a document if the fact of its existence or nonexistence 
would itself be classifiable under the Executive Order.

[[Page 333]]



Sec. 605.9  Systematic declassification review.

    The Classification Adviser shall be responsible for conducting a 
program for systematic declassification review of historically valuable 
records that were exempted from the automatic declassification 
provisions of section 3.4 of the Executive Order. The FOIA officer shall 
prioritize such review on the basis of the recommendations of the 
Information Security Policy Advisory Council established under section 
5.5 of the Executive Order and on the degree of researcher interest and 
likelihood of declassification upon review.



Sec. 605.10  Safeguarding.

    Specific controls on the use, processing, storage, reproduction and 
transmittal of classified information within ACDA that provide adequate 
protection and prevent access by unauthorized persons are contained in 
Part 1 of the ACDA Security Classification Handbook, an internal 
guidance manual, and shall be followed by ACDA personnel and, when 
appropriate, by contractors.



PART 606--CONDUCT OF EMPLOYEES--Table of Contents




Sec.
606.735-1  Definitions.

                     Subpart A--Standards of Conduct

606.735-10  General.
606.735-11  Ethical and regulatory standards of conduct of employees.
606.735-12  Statutes, rules, and regulations governing conduct of 
          employees.
606.735-13  Outside employment and other activities.
606.735-14  Gifts, entertainment, and favors.
606.735-15  Financial interests.
606.735-16  Private compensation for services to the Government.
606.735-17  Use of Government property.
606.735-18  Gambling, betting, and lotteries.
606.735-19  General conduct prejudicial to the Government.

  Subpart B--Activities Relating to Unofficial or Outside Organizations

606.735-21  Participation in activities of employee organizations.
606.735-22  Participating in activities of private organizations.
606.735-23  Organizations concerned with foreign policy.
606.735-24  Membership in subversive organizations.

  Subpart C--Teaching, Speaking, Writing for Publication, and Related 
                               Activities

606.735-31  General policy
606.735-32  Protecting classified information.
606.735-33  Acceptance of invitations to speak or to accept teaching 
          engagements.
606.735-34  Additional clearance measures.
606.735-35  Writing for publication.

          Subpart D--Counseling or Acting as Agent or Attorney

606.735-41  Counseling foreign governments.
606.735-42  Involvement in proceedings affecting the United States.

                         Subpart E--Indebtedness

606.735-51  Policy.
606.735-52  Action by Personnel Officer.
606.735-53  Action by Executive Director.

                      Subpart F--Political Activity

606.735-61  Elections.
606.735-62  Activities punishable under the criminal code.

       Subpart G--Statements of Employment and Financial Interests

606.735-71  Employees required to submit statements.
606.735-72  Submission of statements and supplementary statements.
606.735-73  Contents of statements.
606.735-74  Confidentiality of statements.
606.735-75  Review of statements and report of conflict of interest.
606.735-76  Action by the Director.

    Authority: E.O. 11222, 30 FR 6469, 3 CFR 1964-1965 Comp., page 306; 
5 CFR 735.104.

    Source: 31 FR 4391, Mar. 15, 1966, unless otherwise noted. 
Redesignated at 41 FR 8168, Feb. 25, 1976.



Sec. 606.735-1  Definitions.

    As used in this part:
    (a) ACDA and Agency mean the U.S. Arms Control and Disarmament 
Agency.
    (b) Employee includes anyone serving in the Agency as:
    (1) A person appointed by the President and confirmed by the Senate 
to a position in the Agency.

[[Page 334]]

    (2) A person appointed by the Director or by his designee to a 
position in the Agency.
    (3) A special Government employee.
    (c) Regular officer or employee means an employee as defined in 
paragraphs (b) (1) and (2) of this section.
    (d) Special Government employee means a ``special Government 
employee'' as defined in section 202 of title 18 of the United States 
Code who is employed by the Agency.\1\
---------------------------------------------------------------------------

    \1\ Under the Arms Control and Disarmament Act, such an employee may 
not serve the Agency for more than one hundred days in any fiscal year.
---------------------------------------------------------------------------



                     Subpart A--Standards of Conduct



Sec. 606.735-10  General.

    (a) All employees of the Arms Control and Disarmament Agency are 
required to conduct themselves in such a manner as to create and 
maintain respect for ACDA and the U.S. Government, to avoid situations 
which require or appear to require a balancing of private interests or 
obligations against official duties, to be mindful of the high standards 
of integrity expected of them in all their activities, both personal and 
official, and to conform with the standards of conduct and with the 
applicable statues, rules, and regulations governing their activities. 
Particularly, an employee shall avoid any action, whether or not 
specifically prohibited, which might result in, or create the appearance 
of:
    (1) Using public office for private gain;
    (2) Giving preferential treatment to any organization or person;
    (3) Impeding Government efficiency or economy;
    (4) Losing complete independence or impartiality of action;
    (5) Making a Government decision outside official channels;
    (6) Affecting adversely the confidence of the public in the 
integrity of the Government;
    (7) Using his Government employment to coerce, or give the 
appearance of coercing, a person to provide financial benefit to himself 
or another person, particularly one with whom he has family, business, 
or financial ties.
    (b) An officer or employee of another Federal agency, a Foreign 
Service officer or employee, and a member of the uniformed services as 
defined in 37 U.S.C. 101(3) who is assigned or loaned to the ACDA shall 
adhere to the standards of conduct applicable to employees as set forth 
in this part.



Sec. 606.735-11  Ethical and regulatory standards of conduct of employees.

    The Code of Ethics for Government Service set forth by the 
Legislative Branch in House Concurrent Resolution 175, passed in 1958; 
Standards of Ethical Conduct for Government Officers and Employees set 
forth by the President in Executive Order 11222, dated May 8, 1965, and 
in the regulations issued by the Office of Personnel Management pursuant 
to that executive order (5 CFR part 735); statutes, rules, and 
regulations governing conduct of employees; and regulations set forth in 
the ACDA Manual shall govern ACDA employees in their service to the 
Government.

[31 FR 4391, Mar. 15, 1966. Redesignated at 41 FR 8168, Feb. 25, 1976, 
and amended at 47 FR 11858, Mar. 19, 1982]



Sec. 606.735-12  Statutes, rules, and regulations governing conduct of employees.

    (a) Conflict of interest statutes. The provisions of 18 U.S.C. 203, 
205, 207, 208, and 209 prohibiting conflicts of interest between an 
employee's Government duties and his outside activities are summarized 
in specific sections of this part 606.
    (b) Other statutory provisions quoted or summarized. This part 606 
contains numbered sections, applicable particularly to ACDA employees, 
based on statutes specified in each section.
    (c) Miscellaneous statutory provisions. In addition to the statutory 
provisions referred to in paragraphs (a) and (b) of this section, ACDA 
employees must observe the following:
    (1) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 
Stat. B12, the ``Code of Ethics for Government Service''.
    (2) Chapter 11 of title 18, United States Code, relating to bribery, 
graft, and conflicts of interest, as appropriate to the employees 
concerned.

[[Page 335]]

    (3) The prohibition against lobbying with appropriated funds (18 
U.S.C. 1913).
    (4) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 
18 U.S.C. 1918).
    (5) The prohibition against the employment of a member of a 
Communist organization (50 U.S.C. 784).
    (6) The prohibitions against (i) the disclosure of classified 
information (18 U.S.C. 798, 50 U.S.C. 783); (ii) the disclosure of 
confidential information (18 U.S.C. 1905); and (iii) the disclosure of 
privileged information to be withheld under the exemptions of the Public 
Information Section of the Administrative Procedures Act (5 U.S.C. 552).
    (7) The provision relating to the habitual use of intoxicants to 
excess (5 U.S.C. 7352).
    (8) The prohibitions against the misuse of a Government vehicle (31 
U.S.C. 638a(c)).
    (9) The prohibition against the misuse of the franking privilege (18 
U.S.C. 1719).
    (10) The prohibition against the use of deceit in an examination or 
personnel action in connection with Government employment (18 U.S.C. 
1917).
    (11) The prohibition against fraud or false statement in a 
Government matter (18 U.S.C. 1001).
    (12) The prohibition against mutilating or destroying a public 
record (18 U.S.C. 2071).
    (13) The prohibition against counterfeiting and forging 
transportation requests (18 U.S.C. 508).
    (14) The prohibitions against (i) embezzlement of Government money 
or property (18 U.S.C. 641); (ii) failing to account for public money 
(18 U.S.C. 743); and (iii) embezzlement of the money or property of 
another person in the possession of an employee by reason of his 
employment (18 U.S.C. 654).
    (15) The prohibition against unauthorized use of documents relating 
to claims from or by the Government (18 U.S.C. 285).
    (16) The prohibitions against political activities in subchapter III 
of chapter 73 of title 5, United States Code, and 18 U.S.C. 602, 603, 
607 and 608.
    (17) The prohibition against an employee acting as the agent of a 
foreign principal registered under the Foreign Agents Registration Act 
(18 U.S.C. 219).
    (d) Sources of information and advice. General information on 
statutes, rules and regulations governing the conduct of employees may 
be obtained from the Office of the Executive Director. Specific 
information may be obtained from the United States Code, from the 
Federal Personnel Manual, and from the ACDA Manual, all of which are 
available in the Office of the Executive Director and in the Office of 
the General Counsel. Clarification of standards of conduct and related 
laws, rules, and regulations and advice on their applicability to 
individual situations may be obtained from the counselor or deputy 
counselor for the Agency, in the Office of the General Counsel.
    (e) Responsibility of employees. It is the responsibility of each 
employee (1) to familiarize himself with the full text of applicable 
statutes, rules, and regulations before engaging in outside employment, 
financial activity which might involve a conflict of interest, or other 
activity which might involve a violation of standards of ethical conduct 
or of statutory or regulatory restrictions, and (2) to secure the advice 
or approval of his supervisor and any other designated Agency official 
before he engages in the contemplated activity.
    (f) Penalties for violation. Violations subject employees to 
remedial or disciplinary action by ACDA in addition to the penalty 
prescribed by the particular statute, rule, or regulation that has been 
violated.

[31 FR 4391, Mar. 15, 1966, as amended at 32 FR 12944, Sept. 12, 1967. 
Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-13  Outside employment and other activities.

    (a) An employee may not engage in any outside employment or other 
outside activities that might involve a conflict, or an apparent 
conflict, of interest between his official Government duties and 
responsibilities and his own private interests or those of persons with 
whom he has family, business, or financial ties (see also Secs. 606.735-
16 and 606.735-22).
    (b) It is further required that:

[[Page 336]]

    (1) The employee's performance in his ACDA position not be adversely 
affected by the outside work.
    (2) The employee's outside work not reflect discredit on the 
Government or on ACDA.
    (3) The employee shall not accept a fee, compensation, gift, payment 
of expense, or any other thing of monetary value in circumstances in 
which acceptance may result in, or create the appearance of, conflicts 
of interest.

(E.O. 11408, 33 FR 6459; 3 CFR, 1968 Comp.)

[31 FR 4391, Mar. 15, 1966, as amended at 33 FR 9167, June 21, 1968. 
Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-14  Gifts, entertainment, and favors.

    (a)(1) An employee shall not receive or solicit, directly or 
indirectly for himself or persons with whom he has family, business, or 
financial ties, anything of economic value as a gift, gratuity, loan, 
entertainment, or favor, which might reasonably be interpreted by others 
as affecting his independence or impartiality, from any person, 
corporation, or group, if the employee has reason to believe that the 
entity:
    (i) Has or is seeking to obtain contractual or other business or 
financial relationships with the employee's agency;
    (ii) Conducts operations or activities which are regulated by the 
employee's agency; or
    (iii) Has interests which may be substantially affected by the 
employee's performance or nonperformance of his official duty.
    (2) Exceptions: The following exceptions for all employees of ACDA 
are permitted:
    (i) Acceptance of things of economic value arising from obvious 
family or personal relationships (such as those between the parents, 
children, or spouse of the employee and the employee) when the 
circumstances make it clear that it is those relationships rather than 
the business of the persons concerned which are the motivating factors;
    (ii) Acceptance of food and refreshments of nominal value on 
infrequent occasions in the ordinary course of a luncheon or dinner 
meeting or other meeting or on an inspection tour where an employee may 
properly be in attendance;
    (iii) Acceptance of loans from banks or other financial institutions 
on customary terms to finance proper and usual activities of employees, 
such as home mortgage loans; and
    (iv) Acceptance of unsolicited advertising or promotional material, 
such as pens, pencils, note pads, calendars, and other items of nominal 
intrinsic value.
    (b) An employee shall not solicit a contribution from another 
employee for a gift to an official superior, make a donation as a gift 
to an official superior, or accept a gift from an employee receiving 
less pay than himself (5 U.S.C. 7351). However, this paragraph does not 
prohibit a voluntary gift of nominal value or donation in a nominal 
amount made on a special occasion such as marriage, illness, or 
retirement.
    (c) An employee shall not accept a gift, present, decoration, or any 
other thing from a foreign government unless authorized by Congress as 
provided by the Constitution and in 5 U.S.C. 7342.
    (d) Neither this section nor Sec. 606.735-13 precludes an employee 
from receipt of bona fide reimbursement, unless prohibited by law, for 
expenses of travel and such other necessary subsistence as is compatible 
with this part for which no Government payment or reimbursement is made. 
However, this paragraph does not allow an employee to be reimbursed, or 
payment to be made on his behalf, for excessive personal living 
expenses, gifts, entertainment, or other personal benefits, nor does it 
allow an employee to be reimbursed by a person for travel on official 
business under agency orders.

[31 FR 4391, Mar. 15, 1966, as amended at 32 FR 12944, Sept. 12, 1967. 
Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-15  Financial interests.

    (a)(1) Neither a regular nor a special Government employee may 
participate in his governmental capacity in any matter in which he, his 
spouse, minor child, associate or organization with whom he has a 
business relationship, or person or organization with whom he is 
negotiating for employment has a financial interest (18 U.S.C. 208). 
Such an employee shall not (i) have a direct

[[Page 337]]

or indirect financial interest that conflicts substantially, or appears 
to conflict substantially, with his Government duties and 
responsibilities; or (ii) engage in, directly or indirectly, a financial 
transaction as a result of, or primarily relying on, information 
obtained through his Government employment.
    (2) Exceptions. Section 208 of 18 U.S.C. permits the following 
exception for a regular as well as a special Government employee: He may 
be granted exemption from this restriction provided: (i) He first 
advises the head of this Bureau or Office of the nature and 
circumstances of the particular matter and makes full disclosure of the 
financial interest and he receives in advance a written determination by 
the Bureau or Office head that the outside financial interest is deemed 
not substantial enough to have an effect on the integrity of his 
services, or (ii) the financial interest has been exempted by general 
rule or regulation published in the Federal Register as being too remote 
or to inconsequential to affect the integrity of Government officers' or 
employees' services.
    (b) Pursuant to the provisions of section 208(b)(2) of title 18, 
United States Code, the following financial interests of the Agency's 
employees are hereby exempted from the requirements of paragraph (a)(1) 
of this section and of 18 U.S.C. 208(a) as being too remote or too 
inconsequential to affect the integrity of the services of the Agency's 
employees:
    (1) Investments in State and local government bonds; and stocks, 
bonds, or policies in a mutual fund, investment company, bank, or 
insurance company, provided that in the case of a mutual fund, 
investment company, or bank the fair value of such stock or bond holding 
does not exceed 1 percent of the value of the reported assets of the 
mutual fund, investment company, or bank. In the case of a mutual fund 
or investment company, this exemption applies only where the assets of 
the fund or company are diversified; it does not apply where the fund or 
company specializes in a particular industry or commodity.
    (2) Interest in an investment club or other group organized for the 
purpose of investing in equity or debt securities, provided, that the 
fair value of the interest involved does not exceed $5,000, and that the 
interest does not exceed one-fourth of the total assets of the 
investment club or group.
    (3)(i) Financial interests in an enterprise in the form of shares in 
the ownership thereof, including preferred and common stocks whether 
voting or non-voting, and warrants to purchase such shares;
    (ii) Financial interests in an enterprise in the form of bonds, 
notes, or other evidences of indebtedness;

Provided, That, in the case of paragraphs (b)(3) (i) and (ii) of this 
section: (a) The total market value of the financial interests described 
in said subdivisions with respect to any individual enterprise does not 
exceed $5,000; and (b) the holdings in any class of shares, or bonds, or 
other evidence of indebtedness, of the enterprise do not exceed 1 
percent of the dollar value of the outstanding shares, or bonds or other 
evidences of indebtedness in said class.
    (4) For purposes of this paragraph, computations of dollar-value of 
financial interests in enterprises shall be based on:
    (i) Market value in the case of stocks listed on national exchanges; 
or
    (ii) Over-the-counter market quotations as reported by the National 
Daily Quotation Service in the case of unlisted stocks; or
    (iii) Net book value (assets less liabilities) in the case of stocks 
not covered by the preceding two categories;
    (iv) Face value shall be used for valuation purposes in the case of 
debt securities.
    (c) Neither a regular nor a special Government employee, may, 
directly or indirectly make use of, or permit those with whom he has 
family, business, or financial ties to make use of, official information 
obtained through or in connection with his Government employment and not 
made available to the general public, for the purpose of furthering a 
private interest, including speculation in commodities, land, and 
securities.
    (d) This paragraph does not preclude teaching, speaking, or writing 
by employees duly authorized under this part. Further, this paragraph 
does not

[[Page 338]]

preclude an employee from having a financial interest or engaging in 
financial transactions to the same extent as a private citizen not 
employed by the Government so long as it is not prohibited by law, the 
Executive order, this section, or the agency regulations.

(Sec. 41, 76 Stat. 1119, sec. 503, 75 Stat. 631; 18 U.S.C. 208, 22 
U.S.C. 2581)

[31 FR 4391, Mar. 15, 1966, as amended at 35 FR 4621, Mar. 17, l970. 
Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-16  Private compensation for services to the Government.

    A regular officer or employee of the Government, as contrasted with 
a special Government employee, may not receive any salary, or 
supplementation of his Government salary from a private source as 
compensation for his services to the Government (18 U.S.C. 209). This 
section does not apply to special Government employees nor does it 
prevent a regular officer or employee from (a) continuing his 
participation in a bona fide pension plan or other employee welfare or 
benefit plan maintained by a former employer, or (b) receiving payments 
or accepting contributions, awards, or other expenses under the terms of 
the Government Employees Training Act.



Sec. 606.735-17  Use of Government property.

    An employee shall not directly or indirectly use, or allow the use 
of, Government property of any kind, including property leased to the 
Government, for other than officially approved activities. An employee 
has a positive duty to protect and conserve Government property, 
including equipment, supplies, and other property entrusted or issued to 
him.



Sec. 606.735-18  Gambling, betting, and lotteries.

    An employee shall not participate, while on Government-owned or 
leased property or while on duty for the Government, in any gambling 
activity including the operation of a gambling device, in conducting a 
lottery or pool, in a game for money or property, or in selling or 
purchasing a numbers slip or ticket.



Sec. 606.735-19  General conduct prejudicial to the Government.

    An employee shall not engage in criminal, infamous, dishonest, 
immoral, or notoriously disgraceful conduct, or other conduct 
prejudicial to the Government.



  Subpart B--Activities Relating to Unofficial or Outside Organizations



Sec. 606.735-21  Participation in activities of employee organizations.

    In compliance with the provisions of Executive Order 10988, dated 
January 17, 1962, employees of the Arms Control and Disarmament Agency 
shall have, and shall be protected in the exercise of, the right, freely 
and without fear of penalty or reprisal, to form, join, and assist any 
employee organization or to refrain from any such activity.
    (a) Definition of term ``employee organization''. The term employee 
organization means any lawful association, labor organization, 
federation, council, or brotherhood having as a primary purpose the 
improvement of working conditions among Federal employees, or any craft, 
trade or industrial union whose membership includes both Federal 
employees, and employees of private organizations. The term ``employee 
organization'' shall not include any organization (1) which asserts the 
right to strike against the Government of the United States or any 
agency thereof, or to assist or participate in any such strike, or which 
imposes a duty or obligation to conduct, assist or participate in any 
such strike, or (2) which advocates the overthrow of the constitutional 
form of Government in the United States, or (3) which discriminates with 
regard to the terms of conditions of membership because of race, color, 
creed, or national origin.
    (b) Responsibility of the Executive Director. The Executive Director 
of the Agency shall be responsible for consulting with representatives 
of any employee organization or organizations: (1) To determine policies 
and procedures with respect to recognition of employee organizations; 
(2) to establish procedures for determining appropriate employee units; 
(3) to formulate policies and practices regarding consultation with 
representatives of employee

[[Page 339]]

organizations, other organizations and individual employees; and (4) to 
set policies with respect to the use of Agency facilities by employee 
organizations.



Sec. 606.735-22  Participating in activities of private organizations.

    (a) In participating in the programs and activities of any private 
organization, employees shall make clear that such participation 
constitues neither official ACDA connection with such organization nor 
official sponsorship or sanction of the viewpoints they may express as 
individuals.
    (b) In such participation, employees may not accept a fee, 
compensation, gift, payment of expense, or any other thing of monetary 
value (see also Sec. 606.735-14) in circumstances in which acceptance 
may result in, or create the appearance of, conflicts of interest or 
otherwise reflect discredit upon the Government.
    (c) A regular officer or employee may not permit the use of his name 
in the advertising matter of any organization commercializing the result 
of research work conducted by the Agency, or through contract with the 
Agency, nor may he accept office in such organization.



Sec. 606.735-23  Organizations concerned with foreign policy.

    With respect to private organizations which are concerned with 
foreign policy or international relations, either in general or in some 
specific economic, political or cultural field, the following rules 
shall apply:
    (a) Regular officers and employees. (1) Unless specially permitted 
to do so, no regular officer or employee shall serve as an adviser, 
officer, director, teacher, sponsor, committee chairman, or in any 
official capacity, or permit his name to be used on a letterhead, 
regardless of whether his title or his connection with ACDA is 
mentioned. This is not intended to restrict ordinary membership in any 
organization.
    (2) Special permission to assume or to continue a connection 
prohibited by the above paragraph may be granted in cases where the 
interests of the Government and ACDA would not be adversely affected. To 
request such permission, or to determine whether the provisions of this 
section are applicable to a particular case, the employee shall address 
to the Executive Director a memorandum setting forth the pertinent 
facts. He will consult other interested Bureaus and Offices and grant or 
refuse the requested permission.
    (b) Special Government employees. A special Government employee is 
restricted only in that he may not use his ACDA designation as 
consultant or adviser except in connection with his work for ACDA.



Sec. 606.735-24  Membership in subversive organizations.

    The provisions of 5 U.S.C. 7311 are quoted for the information of 
all employees:

    An individual may not accept or hold a position in the Government of 
the United States or the government of the District of Columbia if he--
    (1) Advocates the overthrow of our constitutional form of 
government;
    (2) Is a member of an organization that he knows advocates the 
overthrow of our constitutional form of government;
    (3) Participates in a strike, or asserts the right to strike, 
against the Government of the United States or the government of the 
District of Columbia; or
    (4) Is a member of an organization of employees of the Government of 
the United States or of individuals employed by the government of the 
District of Columbia that he knows asserts the right to strike against 
the Government of the United States or the government of the District of 
Columbia.

[32 FR 12944, Sept. 12, 1967. Redesignated at 41 FR 8168, Feb. 25, 1976]



  Subpart C--Teaching, Speaking, Writing for Publication, and Related 
                               Activities



Sec. 606.735-31  General policy.

    Employees are encouraged to engage in teaching, lecturing, and 
writing that is not prohibited by law, the Executive order, this part, 
or the agency regulations. However, an employee shall not, either for or 
without compensation, engage in teaching, lecturing, or writing, 
including teaching, lecturing, or writing for the purpose of the special 
preparation of a person or class of persons for an examination of the 
Commission or Board of Examiners for the Foreign

[[Page 340]]

Service, that depends on information obtained as a result of his 
Government employment, except when that information has been made 
available to the general public or will be made available on request, or 
when the agency head gives written authorization for use of nonpublic 
information on the basis that the use is in the public interest. In 
addition, an employee who is a Presidential appointee covered by section 
401 (a) of the order shall not receive compensation or anything of 
monetary value for any consultation, lecture, discussion, writing, or 
appearance the subject matter of which is devoted substantially to the 
responsibilities, programs or operations of his agency, or which draws 
substantially on official data or ideas which have not become part of 
the body of public information.

(E.O. 11408, 33 FR 6459; 3 CFR, 1968 Comp.)

[33 FR 9167, June 21, 1968. Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-32  Protecting classified information.

    No employee shall include in any public course of instruction, 
speech, panel discussion, or related activity any classified information 
or material to which he has access through his ACDA employment.



Sec. 606.735-33  Acceptance of invitations to speak or to accept teaching engagements.

    Participation of ACDA personnel in speaking engagements can greatly 
assist public understanding of U.S. arms control and disarmament 
policies and positions. In order, however, to reduce risk of 
unintentional security disclosure or contravention of Government policy, 
ACDA employees, including special Government employees, shall obtain 
prior approval, as follows:
    (a) Acceptance of invitations to speak. Any invitation to appear as 
a representative of the Agency or to speak, comment, or participate in a 
conference on matters related to its work shall be referred to the 
Public Affairs Office for decision and action. Information on the 
sponsoring organization, date, place, subject matter, type of audience, 
and estimated travel expenses as indicated on an Agency form must be in 
the Public Affairs Office before invitations may be accepted. The Public 
Affairs Office shall control all negotiations with the prospective host 
and may authorize or approve outside payment of travel and reasonable 
subsistence expenses under appropriate circumstances.
    (b) Clearance of texts of public addresses. The full text or 
detailed outline (as agreed by the employee and Public Affairs Adviser) 
of each public address on U.S. foreign policy or ACDA activities shall 
be submitted to the Public Affairs Adviser for clearance with the Agency 
Classification Officer and for appropriate clearance within ACDA and, as 
deemed necessary, outside the Agency.
    (c) Release to news media. The text or outline of any public 
address, after clearance and coordination, may be released to news media 
by the Public Affairs Adviser, if appropriate.
    (d) Professional meetings and conferences. When an employee is 
invited to participate in a public professional meeting, conference, or 
discussion panel on matters related to the work of the Agency where, 
because of the nature of the public appearance, no prepared script or 
outline will be available for clearance, the employee must obtain 
clearance of acceptance from the Public Affairs Adviser and from the 
Agency Classification Officer. The participant himself is responsible 
for ensuring that his remarks involve no violation of security and are 
consistent with United States policy.
    (e) Acceptance of teaching engagements. (1) Any employee who 
contemplates acceptance of a teaching engagement shall notify the Public 
Affairs Adviser of his intention. He shall also submit to the Office of 
the Executive Director information covering the name of the educational 
institution, the frequency of classes and periods of time involved, and 
a comprehensive description of the course to be taught. If the subject 
matter does not involve United States policy or ACDA activities, the 
Executive Director may approve acceptance of the teaching engagement. If 
the subject matter includes either of the above-mentioned matters, only 
the Director of ACDA may approve the employee's acceptance of the 
teaching engagement. All

[[Page 341]]

approvals of teaching engagements must be renewed prior to the beginning 
of each school year.
    (2) Exception: A special Government employee must obtain the 
required clearances only when the subject matter involves U.S. policy or 
ACDA activities to which he is privy through his ACDA employment.



Sec. 606.735-34  Additional clearance measures.

    (a) Any ACDA employee who contemplates accepting an invitation to 
speak or to teach shall initially discuss the proposed invitation with 
the head of the Bureau or Office to which it is assigned and, as 
appropriate, with the Agency Classification Officer. Informal approval 
by the Bureau or Office head and, if appropriate, by the Agency 
Classification Officer, is a prerequisite for the clearances specified 
in Sec. 606.735-33.
    (b) Exception: The exception to Sec. 606.735-33(e)(1) applies.



Sec. 606.735-35  Writing for publication.

    (a) Occasionally officers of ACDA have prepared documents pertinent 
to arms control and disarmament for publication other than in the 
official capacity of the Public Affairs Adviser or of the Office of the 
General Counsel in its congressional liaison functions. The Agency 
welcomes such activity as being in keeping with one of its four major 
functions--``the dissemination and coordination of public information 
concerning arms control and disarmament.'' However, all such documents 
authored by ACDA personnel, which bear directly or indirectly on 
matters, involving the functions, activities, operations, or interest of 
ACDA, or which deal with U.S. foreign policy, must receive appropriate 
Agency clearance for publication. This is true whether or not a document 
for publication is prepared within the scope of an ACDA employee's 
official duties.
    (b) Authorization for publication: (1) Clearance of a document for 
publication is primarily a function of the Public Affairs Adviser, but 
other components of the Agency share a responsibility for clearance.
    (2) Prior to submitting the document to the Public Affairs Adviser, 
the author shall obtain clearance of the document from his own bureau or 
office head; obtain clearance of the document from ACDA's Security 
Classification Officer; and obtain additional clearances within ACDA and 
from other Government agencies as deemed appropriate by his bureau or 
office head.
    (3) When requesting clearance by the Public Affairs Advisers, the 
author shall submit to the Public Affairs Adviser a copy of the document 
to be reviewed together with a memorandum detailing the nature of his 
request, indicating whether the document proposed for publication would 
note the author's connection with ACDA, stating whether an honorarium or 
any form of remuneration is involved, and noting compliance with the 
requirements specified under paragraphs (b) (1) and (2) of this section.
    (4) The Public Affairs Adviser shall be responsible for making a 
final determination on the propriety of publication and, if publication 
is approved, on the extent of attribution or nonattribution to the 
Agency, the adequacy of the disclaimer if attribution is made, and the 
propriety of an honorarium or other form of remuneration if this factor 
is involved. The Public Affairs Adviser shall obtain the approval of the 
Office of the General Counsel on the acceptance of an honorarium and may 
seek the General Counsel's recommendation on other pertinent matters.

(E.O. 11408, 33 FR 6459; 3 CFR, 1968 Comp.)

[31 FR 4391, Mar. 15, 1966, as amended at 33 FR 9167, June 21, 1968. 
Redesignated at 41 FR 8168, Feb. 25, 1976]



          Subpart D--Counseling or Acting as Agent or Attorney



Sec. 606.735-41  Counseling foreign governments.

    No employee or former employee shall, without authority of the 
United States directly or indirectly commence or carry on any 
correspondence or intercourse with any foreign government or any agent 
thereof, with intent to influence the measures or conduct of any foreign 
government or of any

[[Page 342]]

agent thereof in relation to any disputes or controversies with the 
United States, or to defeat measures of the United States. (See 18 
U.S.C. 953.) However, this section shall not abridge the right of a 
citizen to apply, himself or through his agent, to any foreign 
government or the agents thereof for redress of any injury which he may 
have sustained from such government or any of its agents or subjects.



Sec. 606.735-42  Involvement in proceedings affecting the United States.

    (a) Regular officers and employees. (1) A regular officer or 
employee of ACDA may not, except in the discharge of his official duties 
represent anyone else, for pay or without pay, before a court or 
Government agency in a matter in which the United States is a party or 
has an interest (18 U.S.C. 203 and 205).
    (2) Exceptions: The following exceptions relating to sections 203 
and 205 apply to a regular officer or employee:
    (i) He may represent another person, without compensation, in a 
disciplinary, loyalty, or other personnel matter if not inconsistent 
with the faithful performance of his duties.
    (ii) He may give testimony under oath or make statements required to 
be made under penalty for perjury or contempt.
    (iii) He may represent with or without compensation, his parents, 
spouse, child, or a person or estate he serves as a fiduciary provided: 
(a) The matter is not one in which he has participated personally and 
substantially as a Government employee or which is the subject of his 
official responsibility, and (b) the Executive Director approves.
    (b) Special Government employees. (1) A special Government employee 
may not, except in the discharge of his official duties, represent 
anyone else, for pay or without pay.
    (i) Before a court or Government agency in a matter in which the 
United States is a party or has an interest and in which he has at any 
time participated personally and substantially for the government (18 
U.S.C. 203 and 205).
    (ii) In a matter pending before the agency he serves unless he has 
served there on no more than 60 days during the past 365 (18 U.S.C. 203 
and 205). He is bound by this restraint despite the fact that the matter 
is not one in which he has ever participated personally and 
substantially.
    (2) Exceptions: The following exceptions relating to sections 203 
and 205 apply to a special Government employee:
    (i) The exceptions specified in paragraph (a)(2) of this section for 
regular officers and employees, and also,
    (ii) He may be allowed by the Director of ACDA to act as agent or 
attorney for his regular employer or for another person in the 
performance of work under an ACDA grant or contract provided: (a) The 
Director certifies in writing that the national interest requires it, 
and (b) the certification is submitted for publication in the Federal 
Register.
    (c) Former employees. A former regular officer or employee of ACDA, 
as well as a former special Government employee, is restricted as 
follows:
    (1)(i) He may not, after his Government employment has ended, 
represent anyone other than the United States in connection with a 
matter in which the United States is a party or has a direct and 
substantial interest and in which he participated personally and 
substantially for the Government (18 U.S.C. 207(a)).
    (ii) Exceptions: This section of 18 U.S.C. permits the following 
exception for both regular and special Government employees: The 
Director of ACDA, notwithstanding anything to the contrary in the 
provisions of subsections 207 (a) and (b) of title 18, U.S. Code, may 
permit a former officer or employee with outstanding scientific or 
technological qualifications to act as agent or attorney or to appear 
personally in connection with a particular matter in a scientific or 
technological field if the Director makes a certification in writing 
submitted for publication in the Federal Register that the national 
interest would be served by such action or appearance by the former 
officer or employee.
    (2)(i) He may not, for one year after his Government employment has 
ended represent anyone other than the United States in connection with a 
matter in which the United States is a party or has interest and which 
was within

[[Page 343]]

the boundaries of his official responsibility during the last year of 
his Government service (18 U.S.C. 207(b)).
    (ii) Exceptions: The exceptions to paragraph (c)(1) of this section 
apply.



                         Subpart E--Indebtedness



Sec. 606.735-51  Policy.

    An employee of ACDA is required to pay each just financial 
obligation in a proper and timely manner, especially one imposed by law 
such as Federal, State, or local taxes.



Sec. 606.735-52  Action by Personnel Officer.

    Upon receipt of a letter of complaint against an employee from an 
alleged creditor, the Personnel Officer, after consulting an attorney in 
the Office of the General Counsel, where appropriate, will notify the 
employee and will determine whether the alleged debt is a ``just 
financial obligation''; such as one acknowledged by the employee or 
reduced to judgment by a court. If the debt is determined to be a just 
financial obligation, the Personnel Officer will give the employee any 
appropriate assistance, other than financial, toward payment of the debt 
in a ``proper and timely manner''; that is, in a manner that does not, 
under the circumstances, reflect adversely on the Government as his 
employer. In the event of dispute between an employee and an alleged 
creditor, this section does not require the Agency to determine the 
validity or amount of the disputed debt.

[32 FR 12944, Sept. 12, 1967. Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-53  Action by Executive Director.

    If an employee ignores his just financial obligations, despite 
efforts to assist him, the Personnel Officer shall recommend to the 
Executive Director that appropriate administrative action be taken.



                      Subpart F--Political Activity



Sec. 606.735-61  Elections.

    (a) All employes retain the right to vote as they choose and to 
express their opinions on all political subjects and candidates (5 
U.S.C. 7324).
    (b) The prohibitions contained in 5 U.S.C. 7324 against using 
official authority or influence to interfere with or affect the result 
of an election; or against taking active part in political management or 
in political campaigns must be observed.
    (c) Exception: Special Government employees are subject to the 
political activity restrictions set forth in 5 U.S.C. 7324 while in an 
active duty status only and for the entire 24 hours of any day or actual 
employment.

[32 FR 12944, Sept. 12, 1967. Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-62  Activities punishable under the criminal code.

    All employees are prohibited from the following activities under 
pain of criminal penalty:
    (a) Soliciting political contributions generally (18 U.S.C. 602) and 
in Federal installations (18 U.S.C. 603).
    (b) Making political contributions to ``any other officer, clerk, or 
person in the service of the United States, or to any Senator or Member 
or Delegate to Congress or Resident Commissioner.'' toward the promotion 
of any political object (18 U.S.C. 607).
    (c) Contributing more than $5,000 during any calendar year toward 
the campaign, nomination, or election of a candidate for an elective 
Federal office; or purchasing ``any goods, commodities, advertising, or 
articles * * *, the proceeds of which, or any portion thereof, directly 
or indirectly inures to the benefit of or for any candidate for an 
elective Federal office * * *.'' (18 U.S.C. 608.)

[31 FR 4391, Mar. 15, 1966, as amended at 32 FR 12944, Sept. 12, 1967. 
Redesignated at 41 FR 8168, Feb. 25, 1976]



       Subpart G--Statement of Employment and Financial Interests



Sec. 606.735-71  Employees required to submit statements.

    (a) (1) The following employees of ACDA (and persons assigned or 
loaned to ACDA) are required to submit statements of employment and 
financial interests:

[[Page 344]]

    (i) Employees paid at a level of the Executive Schedule in 
subchapter II of chapter 53 of title 5, United States Code.
    (ii) Employees classified at GS-13 and above or equivalent pay level 
who execute or approve the award of contracts, or engage in activities 
in which the final decision or action may have a significant economic 
impact on the interests of any business enterprise.
    (iii) All special Government employees.
    (2) The ACDA Executive Officer shall review all Agency positions at 
least annually to assure that the position description for each position 
occupied by employees listed in paragraph (a)(1) of this section 
includes a statement that the incumbent of the position must file a 
statement of employment and financial interests as required by this 
section. This review, and any necessary modifications of position 
descriptions, may be accomplished at the time performance or efficiency 
ratings are given, or incident to other prescribed annual reviews. A 
list of positions affected by this section will be available for 
inspection in the ACDA Personnel Office. Determinations by the Executive 
Office as to the applicability of this section will be subject to review 
by the Director of ACDA.
    (b) The Agency's grievance procedures are available to any employee 
who complains that his position has been improperly included under the 
Agency's regulations as one requiring the submission of a statment of 
employment and financial interests.

[32 FR 12944, Sept. 12, 1967. Redesignated at 41 FR 8168, Feb. 25, 1976, 
and further amended at 41 FR 33550, Aug. 10, 1976]



Sec. 606.735-72  Submission of statements and supplementary statements.

    (a) Regular officers and employees. Each regular officer and 
employee (including persons assigned or loaned to ACDA) occupying a 
position covered by one of the categories described in Sec. 606.735-
71(a) must submit a fully completed ACDA Form 18 in duplicate to the 
Office of the General Counsel no later than 30 days after occupying such 
position. Changes in, or additions to, the information contained in an 
employee's statement of employment and financial interest shall be 
reported in a supplementary statement (ACDA Form 18) as of June 30 each 
year. If no changes or additions occur, a negative report is required. 
Notwithstanding the filing of the annual report required hereunder, each 
employee shall at all times avoid acquiring a financial interest that 
could result, or taking an action that would result, in a violation of 
the conflict of interest provisions of 18 U.S.C. 208 or of the 
regulations in this part. One copy of ACDA Form 18 will be returned to 
the employee following review and determination by the counselor or 
deputy counselor that no conflict of interest is involved.
    (b) Special Government employees. Each special Government employee 
must submit a fully completed ACDA Form 19 in duplicate to the Office of 
the General Counsel before he may be appointed for duty or before his 
appointment may be extended into a new fiscal year. During his period of 
employment with the Agency, he must notify the Office of the General 
Counsel, in writing, of any significant change in his Federal or non-
Federal employment and in his financial interest within 30 days after 
the change occurs. One copy will be returned to the special Government 
employee following review and determination as specified in paragraph 
(a) of this section.
    (c) Effect of employees' statements on other requirements. The 
statements of employment and financial interests and supplementary 
statements required of employees are in addition to, and not in 
substitution for, or in derogation of, any similar requirement imposed 
by law, order, or regulation. The submission of a statement or 
supplementary statement by an employee does not permit him or any other 
person to participate in a matter in which his or the other person's 
participation is prohibited by law, order, or regulation.

[31 FR 4391, Mar. 15, 1966, as amended at 32 FR 12945, Sept. 12, 1967. 
Redesignated at 41 FR 8168, Feb. 25, 1976, and further amended at 41 FR 
33550, Aug. 10, 1976]



Sec. 606.735-73  Contents of statements.

    The instructions for listing required information on Forms ACDA 18 
and 19

[[Page 345]]

are generally self-explanatory. In supplying the information, each 
employee shall, however, observe the following refinements:
    (a) Business enterprises. Educational and other institutions doing 
research and development or related work involving grants of money from, 
or contracts with, the Government are considered business enterprises 
and must be included in an employee's statement of employment and 
financial interests whenever applicable. Otherwise, no information is 
required about employment or financial interests in a professional 
society or a charitable, religious, social, fraternal, recreational, 
public service, civic, or political organization, or a similar 
organization not conducted as a business enterprise.
    (b) Interest of employee's relatives. The interest of an employee 
includes the interest of a spouse, minor child, or other member of the 
employee's immediate household (blood relations who are full-time 
residents of the employee's household).
    (c) Amount of financial interest. No employee is required to show 
the amount of the financial interest or indebtedness, or value of real 
property listed on Form ACDA 18 or 19.
    (d) Information not required to be submitted. An employee is not 
required to disclose those remote or inconsequential financial interests 
described in Sec. 606.735-15(b).
    (e) Information to be supplied by others. If any of the required 
information, including holdings placed in trust, is not known to the 
employee but is known to another person, the employee must request that 
other person to submit the information and report the request on ACDA 
Form 18 or 19 and on supplementary statement.

(Sec. 41, 76 Stat. 1119, sec. 503, 75 Stat. 631; 18 U.S.C. 208, 22 
U.S.C. 2581)

[31 FR 4391, Mar. 15, 1966, as amended at 35 FR 4621, Feb. 17, 1970. 
Resignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-74  Confidentiality of statements.

    ACDA will hold in confidence each statement of employment and 
financial interests and each supplementary statement made by an 
employee. Each statement shall be sent by its maker directly to the 
General Counsel. Such statements will be retained and safeguarded under 
the control of the General Counsel. Access to, or information from, a 
statement will not be allowed except to carry out the purposes of these 
conflict of interest provisions. Information from a statement may be 
disclosed only upon the determination of the Office of Personnel 
Management or of the Director of the Arms Control and Disarmament Agency 
that disclosure is for good cause shown.

[32 FR 12945, Sept. 12, 1967. Redesignated at 41 FR 8168, Feb. 25, 1976, 
and amended at 47 FR 11858, Mar. 19, 1982]



Sec. 606.735-75  Review of statements and report of conflict of interest.

    Each statement of employment and financial interests and each 
supplementary statement will be reviewed by the General Counsel or by an 
experienced attorney or attorneys designated deputy counselors by the 
General Counsel, in order to determine whether a conflict of interest or 
an apparent conflict of interest may exist between a regular employee's 
or a special Government employee's services to the Government and his 
outside interests. If a conflict or apparent conflict is discovered, the 
designated attorney acting as deputy counselor for the Agency will 
discuss the situation with the employee and offer him an opportunity to 
explain the conflict or apparent conflict. Unless the conflict or 
apparent conflict is resolved as a result of the discussion, the 
information concerning the matter shall be reported to the Director of 
ACDA through the General Counsel, who is counselor for the Agency.

[32 FR 12945, Sept. 12, 1967. Redesignated at 41 FR 8168, Feb. 25, 1976]



Sec. 606.735-76  Action by the Director.

    The Director shall consider the report of conflict or apparent 
conflict of interest made by the counselor for the Agency and the 
explanation made by the employee. If the Director decides that remedial 
action is required, he must take immediate action to end a real or 
apparent conflict of interest, or take preventive action to forestall a 
potential conflict. (See Sec. 606.735- 12(f).)

[[Page 346]]



PART 607--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY U.S. ARMS CONTROL AND DISARMAMENT AGENCY--Table of Contents




Sec.
607.101  Purpose.
607.102  Application.
607.103  Definitions.
607.104--607.109  [Reserved]
607.110  Self-evaluation.
607.111  Notice.
607.112--607.219  [Reserved]
607.130  General prohibitions against discrimination.
607.131--607.139  [Reserved]
607.140  Employment.
607.141--607.148  [Reserved]
607.149  Program accessibility: Discrimination prohibited.
607.150  Program accessibility: Existing facilities.
607.151  Program accessibility: New construction and alterations.
607.152--607.159  [Reserved]
607.160  Communications.
607.161--607.169  [Reserved]
607.170  Compliance procedures.
607.171--607.999  [Reserved]

    Authority: 29 U.S.C. 794.
    Source: 51 FR 4576, Feb. 5, 1986, unless otherwise noted.



Sec. 607.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 607.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 607.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, Brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one of more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term ``physical or mental 
impairment'' includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech, and

[[Page 347]]

hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, 
multiple sclerosis, cancer, heart disease, diabetes, mental retardation, 
emotional illness, and drug addition and alcholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Qualified handicapped person means--
    (1) With respect to any agency program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can achieve the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature; or
    (2) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity.
    (3) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 607.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies only to programs or activities 
conducted by Executive agencies and not to federally assisted programs.

[51 FR 4576, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]
Secs. 607.104--607.109  [Reserved]



Sec. 607.110  Self-evaluation.

    (a) The agency shall, by April 9, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspections:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.



Sec. 607.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.

[[Page 348]]

Secs. 607.112--607.129  [Reserved]



Sec. 607.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualfied handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.
Secs. 607.131--607.139  [Reserved]



Sec. 607.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.

[[Page 349]]

Secs. 607.141--607.148  [Reserved]



Sec. 607.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 607.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 607.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons; or
    (2) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 607.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity.
    (b) Methods. The agency may comply with the requirements of this 
section through such means as redesign of equipment, reassignment of 
services to accessible buildings, assignment of aides to beneficiaries, 
home visits, delivery of services at alternate accessible sites, 
alteration of existing facilities and construction of new facilities, 
use of accessible rolling stock, or any other methods that result in 
making its programs or activities readily accessible to and usable by 
handicapped persons. The agency is nor required to make structural 
changes in existing facilities where other methods are effective in 
achieving compliance with this section. The agency, in making 
alterations to existing buildings, shall meet accessibility requirements 
to the extent compelled by the Architectural Barriers Act of 1968, as 
amended (42 U.S.C. 4151-4157), and any regulations implementing it. In 
choosing among available methods for meeting the requirements of this 
section, the agency shall give priority to those methods that offer 
programs and activities to qualified handicapped persons in the most 
integrated setting appropriate.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by June 6, 1986, except that 
where structural changes in facilities are undertaken, such changes 
shall be made by April 7, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by October 7, 1986, a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;

[[Page 350]]

    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.

[51 FR 4576, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]



Sec. 607.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 607.152--607.159  [Reserved]



Sec. 607.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 607.160 would result 
in such alteration or burdens. The decision that compliance would result 
in such alteration or burdens must be made by the agency head or his or 
her designee after considering all agency resources available for use in 
the funding and operation of the conducted program or activity, and must 
be accompanied by a written statement of the reasons for reaching that 
conclusion. If an action required to comply with this section would 
result in such an alteration or such burdens, the agency shall take any 
other action that would not result in such an alteration or such burdens 
but would nevertheless ensure that, to the maximum extent possible, 
handicapped persons receive the benefits and services of the program or 
activity.
Secs. 607.161--607.169  [Reserved]



Sec. 607.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity

[[Page 351]]

Commission in 29 CFR part 1613 pursuant to section 501 of the 
Rehabilitation Act of 1973 (29 U.S.C. 791).
    (c) Chief, Communication and Services Section, Office of 
Administration shall be responsible for coordinating implementation of 
this section. Complaints may be sent to the Chief, Communication and 
Services Section, Office of Administration, U.S. Arms Control and 
Disarmament Agency, 320 21st Street, NW., Washington, DC 20451.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found;
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 607.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 4576, Feb. 5, 1986, as amended at 51 FR 4576, Feb. 5, 1986]
Secs. 607.171--607.999  [Reserved]



PART 608--SERVICE OF PROCESS; PRODUCTION OR DISCLOSURE OF OFFICIAL INFORMATION IN RESPONSE TO COURT ORDERS, SUBPOENAS, NOTICES OF DEPOSITIONS, REQUESTS FOR 
ADMISSIONS, INTERROGATORIES, OR SIMILAR REQUESTS OR DEMANDS IN CONNECTION WITH FEDERAL OR STATE LITIGATION; EXPERT TESTIMONY--Table of Contents





Sec.
608.1  Purpose and scope; definitions.
608.2  Service of summonses and complaints.
608.3  Service of subpoenas, court orders, and other demands or requests 
          for official information or action.
608.4  Testimony and production of documents prohibited unless approved 
          by appropriate Agency officials.
608.5  Procedure when testimony or production of documents is sought--
          general.
608.6  Procedure when response to demand is required prior to receiving 
          instructions.
608.7  Procedure in the event of an adverse ruling.
608.8  Considerations in determining whether the Agency will comply with 
          a demand or request.
608.9  Prohibition on providing expert or opinion testimony.

    Authority: 22 U.S.C. 2581(j).

    Source: 61 FR 36821, July 15, 1996, unless otherwise noted.

[[Page 352]]



Sec. 608.1   Purpose and scope; definitions.

    (a) This part sets forth the procedures to be followed with respect 
to:
    (1) service of summonses and complaints or other requests or demands 
directed to the U.S. Arms Control and Disarmament Agency (ACDA, the 
Agency) or to any ACDA employee or former employee in connection with 
federal or state litigation arising out of or involving the performance 
of official activities of ACDA; and
    (2) the oral or written disclosure, in response to subpoenas, 
orders, or other requests or demands of federal or state judicial or 
quasi-judicial authority (collectively, ``demands''), whether civil or 
criminal in nature, or in response to requests for depositions, 
affidavits, admissions, responses to interrogatories, document 
production, or other litigation-related matters, pursuant to the Federal 
Rules of Civil Procedure, the Federal Rules of Criminal Procedure, or 
applicable state rules (collectively, ``requests''), of any material 
contained in the files of the Agency, any information relating to 
material contained in the files of the Agency, or any information 
acquired while the subject of the demand or request is or was an 
employee of the Agency as part of the performance of the person's duties 
or by virtue of the person's official status.
    (b) For purposes of this part, and except as ACDA may otherwise 
determine in a particular case, the term employee includes the Director 
of ACDA and former Directors of ACDA, and all employees and former 
employees of ACDA or other federal agencies who are or were appointed 
by, or subject to the supervision, jurisdiction, or control of the 
Director of ACDA, whether residing or working in the United States or 
abroad, including United States nationals, foreign nationals, and 
contractors.
    (c) For purposes of this part, the term litigation encompasses all 
pre-trial, trial, and post-trial stages of all judicial or 
administrative actions, hearings, investigations, or similar proceedings 
before courts, commissions, boards, or other judicial or quasi-judicial 
bodies or tribunals, whether criminal, civil, or administrative in 
nature. This part governs, inter alia, responses to discovery requests, 
depositions, and other pre-trial, trial, or post-trial proceedings, as 
well as responses to informal requests by attorneys or others in 
situations involving litigation. However, this part shall not apply to 
any claims by ACDA employees (present or former), or applicants for 
Agency employment, for which jurisdiction resides with the U.S. Equal 
Employment Opportunity Commission; the U.S. Merit Systems Protection 
Board; the Office of Special Counsel; the Federal Labor Relations 
Authority; the Foreign Service Labor Relations Board; the Foreign 
Service Grievance Board; or a labor arbitrator operating under a 
collective bargaining agreement between ACDA and a labor organization 
representing ACDA employees; or their successor agencies or entities.
    (d) For purposes of this part, official information means all 
information of any kind, however stored, that is in the custody and 
control of ACDA, relates to information in the custody and control of 
ACDA, or was acquired by ACDA employees as part of their official duties 
or because of their official status within ACDA while such individuals 
are employed by or served on behalf of ACDA.
    (e) Nothing in this part affects disclosure of information under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552, the Privacy Act, 5 
U.S.C. 552a, Executive Order 12958, 3 CFR, 1995 Comp., p. 333, the 
Government in the Sunshine Act, 5 U.S.C. 552b, the Agency's regulations 
in 22 CFR chapter VI implementing any of the foregoing, or pursuant to 
congressional subpoena. Nothing in this part otherwise permits 
disclosure of information by ACDA or its employees except as provided by 
statute or other applicable law.
    (f) This part is intended only to inform the public about ACDA 
procedures concerning the service of process and responses to demands or 
requests and is not intended to and does not create, and may not be 
relied upon to create, any right or benefit substantive or procedural, 
enforceable at law by a party against ACDA or the United States.
    (g) Nothing in this part affects:

[[Page 353]]

    (1) The disclosure of information during the course of legal 
proceedings in foreign courts, commissions, boards, or other judicial or 
quasi-judicial bodies or tribunals; or
    (2) The rules and procedures, under applicable U.S. law and 
international conventions, governing diplomatic and consular immunity.
    (h) Nothing in this part affects the disclosure of official 
information to other federal agencies or Department of Justice attorneys 
in connection with litigation conducted on behalf or in defense of the 
United States, its agencies, officers, and employees, or to federal, 
state, local, or foreign prosecuting and law enforcement authorities in 
conjunction with criminal law enforcement investigations, prosecutions, 
extradition, deportation or other proceedings.



Sec. 608.2  Service of summonses and complaints.

    (a) Only ACDA's General Counsel, or his/her delegate, is authorized 
to receive and accept summonses or complaints sought to be served upon 
ACDA or ACDA employees. All such documents should be delivered or 
addressed to General Counsel, U.S. Arms Control and Disarmament Agency, 
320 21st St. NW., Room 5635, Washington, DC 20451. Pursuant to 42 U.S.C. 
659(b) and 5 U.S.C. 5520a(c)(1), this same officer has been designated 
specifically to accept service of process for the enforcement of the 
legal obligation to provide child support or to make alimony payments by 
employees of the Agency and to accept service of process for the 
enforcement of the legal obligation to pay monies owed for other than 
child support or alimony by employees of the Agency, respectively.
    (b) In the event any summons or complaint described in Sec. 608.1(a) 
is delivered to an employee of ACDA other than in the manner specified 
in this part, such attempted service shall be ineffective, and the 
recipient thereof shall either decline to accept the proffered service 
or return such document under cover of a written communication which 
directs the person attempting to make service to the procedures set 
forth in this part.
    (c) Except as otherwise provided in Secs. 608.2(d) and 608.3(c), 
ACDA is not an authorized agent for service of process with respect to 
civil litigation against ACDA employees purely in their personal, non-
official capacity. Copies of summonses or complaints directed to ACDA 
employees in connection with legal proceedings arising out of the 
performance of official duties may, however, be served upon ACDA's 
General Counsel, or his/her delegate.
    (d) Although ACDA is not an agent for the service of process upon 
its employees with respect to purely personal, non-official litigation, 
ACDA recognizes that its employees stationed overseas should not use 
their official positions to evade their personal obligations and will, 
therefore, counsel and encourage ACDA employees to accept service of 
process in appropriate cases, and will waive applicable diplomatic or 
consular privileges and immunities when ACDA determines that it is in 
the interest of the United States to do so. Pursuant to section 302 of 
Executive Order 12953 (3 CFR, 1995 Comp., p. 325), ACDA's General 
Counsel has been designated in Appendix B to 5 CFR part 581 as the 
official to assist in the service of legal process in civil actions 
pursuant to orders of State courts to establish paternity and to 
establish or to enforce support obligations by making ACDA employees 
available for service of process, regardless of the location of the 
employee's workplace.
    (e) Documents for which ACDA's General Counsel, or his/her delegate, 
accepts service in official capacity only shall be stamped ``Service 
Accepted in Official Capacity Only.'' Acceptance of service shall not 
constitute an admission or waiver with respect to jurisdiction, 
propriety of service, improper venue, or any other defense in law or 
equity available under the laws or rules applicable for the service of 
process.



Sec. 608.3  Service of subpoenas, court orders, and other demands or requests for official information or action.

    (a) Except in cases in which ACDA is represented by legal counsel 
who have entered an appearance or otherwise given notice of their 
representation,

[[Page 354]]

only ACDA's General Counsel, or his/her delegate, is authorized to 
receive and accept subpoenas, or other demands or requests directed to 
ACDA or any component thereof, or its employees, or former employees, 
whether civil or criminal in nature, for:
    (1) Material, including documents, contained in the files of the 
Agency;
    (2) Information, including testimony, affidavits, declarations, 
admissions, response to interrogatories, or informal statements, 
relating to material contained in the files of the Agency or which any 
Agency employee acquired in the course and scope of the performance of 
official duties;
    (3) Garnishment or attachment of compensation of current or former 
employees; or
    (4) The performance or non-performance of any official ACDA duty.
    (b) In the event that any subpoena, demand, or request is sought to 
be delivered to an Agency employee (including former employee) other 
than in the manner prescribed in paragraph (a) of this section, such 
attempted service shall be ineffective. Such employee shall, after 
consultation with the Office of the General Counsel, decline to accept 
the subpoena, demand, or request or shall return it to the server under 
cover of a written communication referring to the procedures prescribed 
in this part.
    (c) Except as otherwise provided in this part, ACDA is not an agent 
for service or otherwise authorized to accept on behalf of its employees 
any subpoenas, show-cause orders, or similar compulsory process of 
federal or state courts, or requests from private individuals or 
attorneys, which are not related to the employees' official duties 
except upon the express, written authorization of the individual ACDA 
employee to whom such demand or request is directed.
    (d) Acceptance of such documents by ACDA's General Counsel, or his/
her delegate, does not constitute a waiver of any defenses that might 
otherwise exist with respect to service under the Federal Rules of Civil 
or Criminal Procedure or other applicable rules.



Sec. 608.4  Testimony and production of documents prohibited unless approved by appropriate Agency officials.

    (a) No employee of ACDA shall, in response to a demand or request in 
connection with any litigation, whether criminal or civil, provide oral 
or written testimony by deposition,declaration, affidavit, or otherwise 
concerning any information acquired while such person is or was an 
employee of ACDA as part of the performance of that person's official 
duties or by virtue of that person's official status, unless authorized 
to do so by ACDA's General Counsel, or his/her delegate.
    (b) No ACDA employee shall, in response to a demand or request in 
connection with any litigation, produce for use at such proceedings any 
document or any other material acquired as part of the performance of 
that employee's duties or by virtue of that employee's official status, 
unless authorized to do so by ACDA's General Counsel, or his/her 
delegate.



Sec. 608.5  Procedure when testimony or production of documents is sought--general.

    (a) If official ACDA information is sought, through testimony or 
otherwise, by a request or demand, the party seeking such release or 
testimony must (except as otherwise required by federal law or 
authorized by the Office of the General Counsel) set forth in writing 
and with as much specificity as possible, the nature and relevance of 
the official information sought. Where documents or other materials are 
sought, the party should identify the record or reasonably describe it 
in terms of date, format, subject matter, the office originating or 
receiving the record, and the names of all persons to whom the record is 
known to relate. Subject to Sec. 606.7, ACDA employees may produce, 
disclose, release, comment upon, or testify concerning only those 
matters that were specified in writing and properly approved by ACDA's 
General Counsel or his/her delegate. See United States ex rel. Touhy v. 
Ragen, 340 U.S. 462 (1951). The Office of

[[Page 355]]

the General Counsel may waive this requirement in appropriate 
circumstances.
    (b) To the extent it deems necessary or appropriate, ACDA may also 
require from the party seeking such testimony or documents a plan of all 
reasonably foreseeable demands, including but not limited to the names 
of all employees and former employees from whom discovery will be 
sought, areas of inquiry, expected duration of proceedings requiring 
oral testimony, and identification of potentially relevant documents.
    (c) ACDA's General Counsel, or his/her delegate, will notify the 
ACDA employee and such other persons as circumstances may warrant of the 
decision regarding compliance with the request or demand.
    (d) The Office of the General Counsel will consult with the 
Department of Justice regarding legal representation for ACDA employees 
in appropriate cases.



Sec. 608.6  Procedure when response to demand is required prior to receiving instructions.

    (a) If a response to a demand is required before ACDA's General 
Counsel, or his/her delegate, renders a decision, ACDA will request that 
either a Department of Justice attorney or an ACDA attorney designated 
for the purpose:
    (1) Appear with the employee upon whom the demand has been made;
    (2) Furnish the court or other authority with a copy of the 
regulations contained in this part;
    (3) Inform the court or other authority that the demand has been or 
is being, as the case may be, referred for the prompt consideration of 
ACDA's General Counsel, or his/her delegate; and
    (4) Respectfully request the court or authority to stay the demand 
pending receipt of the requested instructions.
    (b) In the event that an immediate demand for production or 
disclosure is made in circumstances that would preclude the proper 
designation or appearance of a Department of Justice or ACDA attorney on 
the employee's behalf, the employee shall respectfully request the 
demanding court or authority for a reasonable stay of proceedings for 
the purpose of obtaining instructions from ACDA.



Sec. 608.7  Procedure in the event of an adverse ruling.

    If the court or other judicial or quasi-judicial authority declines 
to stay the effect of the demand in response to a request made pursuant 
to Sec. 608.6, or if the court or other authority rules that the demand 
must be complied with irrespective of the Agency's instructions not to 
produce the material or disclose the information sought, the employee 
upon whom the demand has been made shall respectfully decline to comply 
with the demand, citing these regulations and United States ex rel. 
Touhy v. Ragen, 340 U.S. 463 (1951).



Sec. 608.8  Considerations in determining whether the Agency will comply with a demand or request.

    (a) In deciding whether to comply with a demand or request, ACDA 
officials and attorneys shall consider, among others:
    (1) Whether such compliance would be unduly burdensome or otherwise 
inappropriate under the applicable rules of discovery or the rules of 
procedure governing the case or matter in which the demand arose;
    (2) Whether compliance is appropriate under the relevant substantive 
law concerning privilege or disclosure of information;
    (3) The public interest;
    (4) The need to conserve the time of ACDA employees for the conduct 
of official business;
    (5) The need to avoid spending the time and money of the United 
States for private purposes;
    (6) The need to maintain impartiality between private litigants in 
cases where a substantial government interest is not implicated;
    (7) Whether compliance would have an adverse effect on performance 
by ACDA of its mission and duties; and
    (8) The need to avoid involving ACDA in controversial issues not 
related to its mission.
    (b) Among those demands and requests in response to which compliance 
will not ordinarily be authorized are

[[Page 356]]

those with respect to which, inter alia, any of the following factors 
exist:
    (1) Compliance would violate a statute or a rule of procedure;
    (2) Compliance would violate a specific regulation or executive 
order;
    (3) Compliance would reveal information properly classified in the 
interest of national security;
    (4) Compliance would reveal confidential commercial or financial 
information or trade secrets without the owner's consent;
    (5) Compliance would reveal the internal deliberative processes of 
the Executive Branch; or
    (6) Compliance would potentially impede or prejudice an on-going law 
enforcement investigation.



Sec. 608.9  Prohibition on providing expert or opinion testimony.

    (a) Except as provided in this section, and subject to 5 CFR 
2635.805, ACDA employees shall not provide opinion or expert testimony 
based upon information which they acquired in the scope and performance 
of their official ACDA duties, except on behalf of the United States or 
a party represented by the Department of Justice.
    (b) Upon a showing by the requester of exceptional need or unique 
circumstances and that the anticipated testimony will not be adverse to 
the interests of the United States, ACDA's General Counsel, or his/her 
delegate, may, consistent with 5 CFR 2635.805, in the exercise of 
discretion, grant special, written authorization for ACDA employees to 
appear and testify as expert witnesses at no expense to the United 
States.
    (c) If, despite the final determination of ACDA's General Counsel, a 
court of competent jurisdiction or other appropriate authority orders 
the appearance and expert or opinion testimony of an ACDA employee, such 
employee shall immediately inform the office of the General Counsel of 
such order. If the Office of the General Counsel determines that no 
further legal review of or challenge to the court's order will be made, 
the ACDA employee shall comply with the order. If so directed by the 
Office of the General Counsel, however, the employee shall respectfully 
decline to testify. See United States ex rel. Touhy v. Ragen, 340 U.S. 
462 (1951).

[[Page 357]]



CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION, INTERNATIONAL DEVELOPMENT COOPERATION AGENCY




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

                 SUBCHAPTER A--ADMINISTRATIVE PROVISIONS
Part                                                                Page
705             Employee ethical conduct standards and 
                    financial disclosure regulations........         358
706             Disclosure of public information............         358
707             Access to and safeguarding of personal 
                    information in records of the 
                    corporation.............................         366
708             Sunshine regulations........................         369
709             Foreign Corrupt Practices Act of 1977.......         372
710             Administrative enforcement procedures of 
                    post-employment restrictions............         375
711             Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the Overseas 
                    Private Investment Corporation..........         377
712             New restrictions on lobbying................         383

[[Page 358]]



                 SUBCHAPTER A--ADMINISTRATIVE PROVISIONS





PART 705--EMPLOYEE ETHICAL CONDUCT STANDARDS AND FINANCIAL DISCLOSURE REGULATIONS--Table of Contents




    Authority: 5 U.S.C. 7301.



Sec. 705.101  Cross-reference to employee ethical conduct standards and financial disclosure regulations.

    Employees of the Overseas Private Investment Corporation (OPIC) 
should refer to the executive branch-wide Standards of Ethical Conduct 
at 5 CFR part 2635, the OPIC regulation at 5 CFR 4301.101 which 
supplements the executive branch-wide standards, and the executive 
branch-wide financial disclosure regulation at 5 CFR part 2634.

[58 FR 33320, June 17, 1993]



PART 706--DISCLOSURE OF PUBLIC INFORMATION--Table of Contents




                           Subpart A--General

Sec.
706.11  Purpose and policy.
706.12  Scope.
706.13  Definitions.

                     Subpart B--Procedures and Fees

706.21  Information and records available to the public.
706.22  Information and records not generally available to the public.
706.23  Public access to information and records.
706.24  Notification of corporation action.
706.25  Extension of time.
706.26  Fees.
706.27  Administrative appeal of refusal to disclose.

  Subpart C--Rights of Submitters of Confidential Business Information

706.31  Notification to submitters of business information.
706.32  Prior designation of business information as privileged or 
          confidential.

    Authority: The Freedom of Information Act, as amended, 5 U.S.C. 552.

    Source: 53 FR 11993, Apr. 12, 1988, unless otherwise noted.



                           Subpart A--General



Sec. 706.11  Purpose and policy.

    (a) This part is adopted pursuant to the provisions of the Freedom 
of Information Act, 5 U.S.C. 552. It establishes the procedures 
governing public access to information contained in the files, documents 
and records of the Corporation. It also sets forth the procedures by 
which persons submitting written information to the Corporation may 
designate such information as exempt from disclosure under 5 U.S.C. 
552(b)(4); and provides submitters of confidential business information 
with the right to be notified of a request for disclosure and to object 
to the disclosure of such information.
    (b) This part reflects the policy of the Corporation to honor all 
requests for the disclosure of Corporation records provided that such 
disclosure does not adversely affect a legitimate public or private 
interest, is required and/or not prohibited by law or other authority, 
and would not impose an unreasonable burden on the Corporation. However, 
this part also reflects the view of the Corporation that the soundness 
and viability of many of its programs depend in large measure upon the 
willingness of applicants for Corporation assistance to provide full and 
reliable commercial, financial, technical and business information 
relating to the conduct of their affairs. Since the release of such 
information may imperil the competitive business position and credit 
standing of an applicant, it is essential that applicants be assured 
that confidential commercial or financial information which is submitted 
to the Corporation will not be disclosed to the public. This part is 
designed in part to give this assurance and thereby to encourage 
applicants to make complete disclosure of information bearing upon an 
application for OPIC assistance.



Sec. 706.12  Scope.

    This part applies to all files, documents, records, and information 
obtained or produced by officers and employees of the Corporation in the

[[Page 359]]

course of their official duties and/or under such officer or employee's 
control. Specific types of files, documents, records and items of 
information described herein are illustrative rather than exclusive. 
This part does not purport to describe or set forth every file, 
document, record or item of information which may or may not be 
disclosed or to incorporate every exemption from disclosure provided by 
law.



Sec. 706.13  Definitions.

    (a) Except as may be otherwise provided in paragraph (b) of this 
section, all terms used in this part which are defined in the Freedom of 
Information Act, 5 U.S.C. 552 shall have the same meaning.
    (b)(1) Act means the ``Freedom of Information Act,'' as amended, 5 
U.S.C. 552.
    (2) Business information means trade secrets or confidential or 
privileged commercial or financial information obtained from any person, 
including but not necessarily limited to such information as is 
contained in individual case files relating to such activities as 
insurance, loans and loan guarantees.
    (3) Business submitter means any person or entity which provides 
business information to the Corporation.
    (4) Commercial use request refers to a request from or on behalf of 
one who seeks information for a use or purpose that is related to the 
commerce, trade, or profit interests of the requester or the person on 
whose behalf the request is made. The term commercial use requester 
refers to any person making a commercial use request. In determining 
whether a requester properly belongs in this category, the Corporation 
will determine the use to which a requester will put the documents 
requested. Where the Corporation has reasonable cause to doubt the use 
to which a requester will put records sought, or where that use is not 
clear from the request itself, the Corporation may seek additional 
clarification before assigning the request to a specific category.
    (5) Direct costs means those expenditures which the Corporation 
actually incurs in searching for and duplicating (and in the case of 
commercial requesters, reviewing) documents to respond to a request 
under the Freedom of Information Act.
    (6) Duplication refers to the process of making a copy of a document 
available to the FOIA requester. Copies will be ordinarily in the form 
of a photocopy of the original document.
    (7) Educational institution refers to a preschool, a public or 
private elementary or secondary school, an institution of graduate 
higher education, an institution of vocational education, an institution 
of undergraduate higher education, an institution of professional 
education and an institution of vocational education, which operates a 
program or programs of scholarly research.
    (8) FOIA means the Act.
    (9) Non-commercial scientific institution refers to an institution 
that is not operated on a commercial basis and which is operated solely 
for the purpose of conducting scientific research, the results of which 
are not intended to promote any particular product or industry.
    (10) Representative of the news media refers to any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that would be of current interest to the 
public. Examples of news media entities include television or radio 
stations broadcasting to the public at large, and publishers of 
periodicals, but only in those instances when they can qualify as 
disseminators of ``news'' who make their products available for purchase 
or subscription by the general public. These examples are not intended 
to be all-inclusive. Moreover, as traditional methods of news delivery 
evolve (e.g., electronic dissemination of newspapers through 
telecommunications services), such alternative media would be included 
in this category. In the case of ``freelance'' journalists, they may be 
regarded as working for a news organization if they can demonstrate a 
solid basis for expecting publication through that organization, even 
though not actually employed by it. A publication contract would be the 
clearest proof, but the Corporation may also look to

[[Page 360]]

the past publication record of a requester in making this determination.
    (11) Review refers to the process of examining documents located in 
response to a ``commercial use request'' under the Act (as the term 
``commercial use request'' is defined in paragraph (b)(4) of this 
section) to determine whether any portion of any document located is 
permitted to be withheld. The term ``review'' includes processing any 
documents for disclosure, including doing all that is necessary to 
excise exempt portions and otherwise prepare them for release. Review 
does not include time spent resolving general legal or policy issues 
regarding the application of exemptions.
    (12) Search includes all time spent looking for material that is 
responsive to request, including a page-by-page or line-by-line 
identification of material within documents. Line-by-line search will 
not be done when duplicating an entire document would prove to be the 
less expensive and quicker method of complying with a request.



                     Subpart B--Procedures and Fees



Sec. 706.21  Information and records available to the public.

    (a) General. Corporation information and records in existence which 
are not exempt from disclosure by law are available for public 
inspection and copying in the manner specified in Sec. 706.23 of this 
part. A fee will be charged for the Corporation's expenses incurred in 
searching for, reviewing, duplicating, tabulating and compiling such 
information and records in accordance with the charging system and 
schedule of fees set forth in Sec. 706.26.
    (b) Materials available from the Office of Public Affairs. For the 
convenience of the public, the following Corporation materials will be 
maintained and readily available from the Office of Public Affairs.
    (1) Current issues of the Corporation's annual report, which report 
ordinarily sets forth:
    (i) The names of recipients of Corporation insurance, loans, 
guarantees and other assistance during the fiscal year covered;
    (ii) The kind and amount of assistance provided;
    (iii) The purpose of the approved assistance in general terms;
    (iv) Statistical data on Corporation programs; and
    (v) The audited financial statements of the Corporation.
    (2) Pamphlets describing Corporation programs;
    (3) Blank Corporation insurance forms currently in use; and
    (4) Press releases.
    (c) Materials available from the Assistant General Counsel for 
Claims. The Assistant General Counsel for Claims maintains public 
information files relating to the determination of claims filed under 
the Corporation's political risk insurance contracts and a list of all 
claims resolved by cash settlements or guarantees. Public access to such 
public information files will be granted in accordance with the 
procedures described in Sec. 706.23(b) of this part.
    (d) Materials available from the Corporate Secretary. The Corporate 
Secretary maintains public information files containing the minutes of 
the public portions of the Board of Directors' meetings, as well as the 
resolutions of the Board of Directors. Public access to such information 
will be granted in accordance with the procedures described in 
Sec. 706.23(c) of this part.



Sec. 706.22  Information and records not generally available to the public.

    The following kinds of files, documents, records, and items of 
information, among others, are generally not available to the public:
    (a) Business information as that term is defined in 
Sec. 706.13(b)(2) of this part:
    (b) Information provided in applications for political risk 
insurance, loans, loan guaranties and other Corporation assistance;
    (c) Insurance policies, loan agreements and loan guarantee 
agreements relating to specific recipients of Corporation assistance;
    (d) Information on declined, withdrawn or canceled applications for 
Corporation assistance;
    (e) Inter-agency or intra-agency communications not routinely 
available to a party in litigation with the Corporation, including, 
among other things, memoranda between officials or agencies, Corporation 
staff memoranda,

[[Page 361]]

opinions and interpretations prepared by Corporation attorneys or 
consultants, research studies performed internally or under contract for 
internal management purposes, and internal management reports; and
    (f) Personnel files and related documents containing private or 
personal information.



Sec. 706.23  Public access to information and records.

    (a) Access to routinely available information. Corporation 
facilities are available to the public between 8:45 a.m. and 5:30 p.m. 
(except for Saturdays, Sundays and official holidays) for obtaining 
copies of materials of the kind described in Sec. 706.21(b). Persons 
wishing to obtain copies of such documents may request them by reporting 
in person to the Corporation receptionist, by telephoning the office of 
the Director of Public Affairs at (202) 457-7093 or by writing the 
Corporation to the attention of such officer.
    (b) Access to the public information files on claims. Access by any 
member of the public to the Corporation's public information files on 
claim matters described in Sec. 706.21(c) shall be granted by 
appointment only. Persons desiring such access may request an 
appointment by telephoning the Claims Assistant at (202) 457-7019 or by 
writing the Corporation to the attention of such officer. Although the 
Corporation will endeavor to grant an appointment at the time requested, 
some delay may be required at times because of the small size of the 
Corporation's staff. Persons desiring access to the public information 
files should seek an appointment at least twenty-four hours in advance.
    (c) Access to public information files on board matters. Access by 
any member of the public to the Corporation's public information files 
described in Sec. 706.21(d) shall be granted by appointment only. 
Persons desiring such access may request an appointment by telephoning 
the Corporate Secretary at (202) 457-7079 or by writing the Corporation 
to the attention of such officer.
    (d) Access to any records of the corporation not otherwise made 
available by the corporation to the public. Access to records of the 
Corporation other than those described in paragraphs (b), (c), and (d) 
of Sec. 706.21, or the duplication of such records, shall be granted 
only upon specific written request to the Corporation addressed to the 
Vice President, Office of Corporate Communications, which shall be 
deemed not to have been received until actual receipt thereof by such 
officer or his designee. Such request shall, to the extent required 
under the law, accurately describe the records as to which access or 
duplication is requested including, by way of example only, the subject 
matter, format, date, and where pertinent, the country, project or 
person involved. Any request which does not describe such records in 
sufficient detail to permit the staff of the Corporation promptly to 
locate them shall be deemed not to have been received by the Corporation 
until such time as the requester has clarified the request to meet this 
standard. The Corporation will make every reasonable effort by telephone 
or by letter to assist the person making the request to be more specific 
in describing the document or information sought.



Sec. 706.24  Notification of corporation action.

    Persons making a request for disclosure normally will be notified of 
the availability of the material within ten working days after the date 
of receipt of the request. The information or records subject to release 
shall be made available promptly provided the requirements of 
Sec. 706.26 regarding payment of fees are satisfied. Any denial of a 
request in whole or in part shall be made in writing and such 
notification shall set forth the reasons for the denial. Any person 
whose request for information has been denied may appeal from such 
determination in accordance with the provisions of Sec. 706.27 of this 
part.



Sec. 706.25   Extension of time.

    Although the Corporation will make every effort to respond to an 
initial request for disclosure of information within ten working days, 
there may be delays because of the Corporation's limited staff. 
Moreover, in certain circumstances the period of time within which the 
Corporation will respond to an initial request will be extended by

[[Page 362]]

an additional ten working days. Circumstances which would necessitate 
such an extension include the following:
    (a) The need to search for and collect requested records from 
storage facilities located outside Corporation premises;
    (b) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request;
    (c) The need for consultation with another agency having a 
substantial interest in the determination of the request, or among two 
or more components of the agency having substantial subject-matter 
interest therein; or
    (d) The need to notify the submitter of confidential business 
information of the request and to allow a reasonable period for 
objection to disclosure per Sec. 706.31 of this part.

It is the practice of the Corporation to inform a requester in writing 
or by telephone of any anticipated delays.



Sec. 706.26  Fees.

    (a) General policy. A fee representing direct costs shall be charged 
for services rendered by the Corporation under 5 U.S.C. 552(a) in 
furnishing information to members of the public, in accordance with the 
provisions of paragraph (c) of this section and as required or permitted 
by law.
    (b) Anticipated fees. A letter requesting a document or information 
should specifically state that all costs chargeable under this section 
will be paid or, alternatively that they will be paid up to a specified 
limit. If the letter makes no reference to anticipated fees, and the 
request is expected to involve fees in excess of $25, or it is estimated 
by the Corporation that the fee will exceed the dollar limit specified 
in the request, the Corporation will notify the requester of the 
estimated fee promptly upon receipt of the request. The request will not 
be deemed to have been received until the Corporation receives a reply 
from the requester stating its willingness to pay the estimated fee.
    (c) Uniform fee schedule. Fees will be charged in accordance with 
the category of the requester and as specified below. All photocopying 
costs will be assessed at the rate of $0.15 per page.
    (1) Commercial use requesters. ``Commercial use requesters,'' as 
that term is defined in Sec. 706.13 of this part, will be charged the 
direct cost of all time spent searching for and reviewing for release 
the records requested. Search costs are $13 per hour. Review costs are 
$33 per hour. Search and review costs will be assessed even though no 
records may be found or, after review, there is no disclosure of 
records. All pages photocopied will be assessed at the rate set out 
above.
    (2) Educational and non-commercial scientific institution 
requesters. The Corporation will provide records to ``educational 
institutions'' or ``non-commercial scientific institutions,'' as those 
terms are defined in Sec. 706.13 (b)(7) and (b)(9) of this part, for the 
cost of reproduction alone. No fee will be charged for the costs of 
photocopying the first 100 pages of documents encompassed by a request. 
The fee for all pages photocopied will be assessed at the rate set out 
above. To be eligible for inclusion in this category, requesters must 
show that the request is being made under the auspices of a qualifying 
``educational institution'' or ``non-commercial scientific institution'' 
and that the records are sought in furtherance of scholarly (if the 
request is from an educational institution) or scientific (if the 
request is from a non-commercial scientific institution) research.
    (3) Representatives of the news media. The Corporation shall provide 
records to ``representatives of the news media,'' as that term is 
defined in Sec. 706.13(b)(10) of this part, for the cost of reproduction 
alone. No fee will be charged for the costs of photocopying the first 
100 pages of documents encompassed by a request. The fee for all pages 
photocopied will be assessed at the rate set forth above. To be eligible 
for inclusion in this category a requester must be a ``representative of 
the news media'' and his or her request must not be made for a 
commercial use. In reference to this class of requester, a request for 
records supporting the news dissemination function of the requester 
shall not be considered to

[[Page 363]]

be a request that is for a commercial use.
    (4) All other requesters. The Corporation will provide documents to 
requesters who do not fit into any of the categories in paragraphs 
(c)(1), (2), and (3) of this section for the cost of any search time in 
excess of two hours and for photocopying any documents in excess of 100 
pages. The fee for search time will be assessed at the rate set forth in 
paragraph (c)(1) of this section. The fee for all pages photocopied will 
be assessed at the rate set forth above.
    (d) Non-payment of fees. (1) The Corporation will begin assessing 
interest charges on the 31st day following the day on which the 
requester is advised of the fee charged, such interest charges to accrue 
as of the date of such notification. Interest will be at the rate 
prescribed in 31 U.S.C. 3717.
    (2) Where a requester has previously failed to pay a fee charged in 
a timely fashion (i.e. within 30 days of the billing date), the 
Corporation will require the requester to pay the full amount owed plus 
any applicable interest as provided above, and to make an advance 
payment of the full amount of the estimated fee before the Corporation 
begins to process a new request or a pending request from the requester.
    (3) When the Corporation acts under paragraph (c)(1) or (2) of this 
section the administrative time limits prescribed in subsection (a)(6) 
of the Act (i.e. 10 working days from receipt of initial request and 20 
working days from receipt of appeals from initial denial plus 
permissible extensions of these time limits) will begin only after the 
Corporation has received fee payments described above.
    (e) Advance payments. Where the Corporation estimates or determines 
that allowable charges that a requester may be required to pay are 
likely to exceed $250 the Corporation will require a requester to make 
an advance payment of the entire fee before continuing to process the 
request.
    (f) Waiving or reducing fee. (1) In accordance with section 
(4)(A)(ii) of the Act the Corporation will furnish documents without 
charge or at reduced charges if disclosure of the information is in the 
public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the government 
and is not primarily in the commercial interest of the requester.
    (i) In determining whether disclosure of the information is in the 
public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the government, 
the Corporation will consider the following factors:
    (A) The subject of the request: Whether the subject of the requested 
records concerns the operations or activities of the government;
    (B) The informative value of the information to be disclosed: 
Whether the disclosure is likely to contribute to an understanding of 
government operations or activities;
    (C) The contribution to an understanding of the subject by the 
general public likely to result from disclosure: Whether disclosure of 
the requested information will contribute to public understanding; and
    (D) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute significantly to public 
understanding of government operations or activities.
    (ii) In determining whether disclosure of the information is not 
primarily in the commercial interest of the requester, the Corporation 
will consider the following factors:
    (A) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so
    (B) The primary interest in disclosure: Whether the magnitude of the 
identified commercial interest of the requester is sufficiently large, 
in comparison with the public interest in disclosure, that disclosure is 
primarily in the commercial interest of the requester.
    (2) The requester in all cases has the burden of presenting 
sufficient evidence or information to justify the requester waiver or 
reduction.
    (g) Restrictions on assessing fees. With the exception of requesters 
seeking documents for a commercial use, section (4)(A)(iv) of the Act, 
as amended, requires agencies to provide the first 100 pages of 
duplication and the first

[[Page 364]]

two hours of search time without charge. Moreover, this section 
prohibits agencies from charging fees to any requester, including 
commercial use requesters, if the cost of collecting the fee would be 
equal to or greater than the fee itself. These provisions work together 
so that, except for commercial use requesters, the Corporation will not 
begin to assess fees until after providing the free search and 
reproduction. For example, for a request that involved two hours and ten 
minutes of search time and resulted in 105 pages of documents, the 
agency will determine the cost of only 10 minutes of search time and 
only five pages of reproduction. If this cost is equal to or less than 
the cost of processing the fee collected, there will be no charge to the 
requester.
    (h) Documents made available free of charge. No fee will be charged 
to any requester for any brochure or annual report readily available 
from the Office of Public Affairs pursuant to Sec. 706.21(b).
    (i) Inspection. Persons may inspect and copy in the Corporation's 
facilities specifically requested documents other than those which are 
not generally available under Sec. 706.22 or exempt by law without 
charge except for search, duplication, tabulation, or compilation fees 
which may be otherwise payable.
    (j) Other provisions-- (1) Charges for unsuccessful search. The 
Corporation will assess charges for time spent searching, even if the 
Corporation fails to locate the records or if records located are 
determined to be exempt from disclosure.
    (2) Aggregating requesters. When the Corporation reasonably believes 
that a requester or group of requesters is attempting to break a request 
down into a series of requests for the purpose of evading the assessment 
of fees, the Corporation will aggregate any such requesters and charge 
accordingly.
    (3) Effect of the Debt Collection Act of 1982 (Pub. L. 97-365). The 
Corporation will use the authorities of the Debt Collection Act, 
including disclosure to consumer reporting agencies and use of 
collection agencies, where appropriate, to encourage repayment.
    (4) Remittances. (i) All payments under this section shall be in the 
form of a personal check, bank draft drawn on a bank located in the 
United States, or cash. Remittances shall be made payable to the order 
of United States Treasury and mail to the Director of Public Affairs, 
Office of Corporate Communications, Overseas Private Investment 
Corporation, 1615 M Street, NW., Washington, DC 20527. The Corporation 
will assume no responsibility for cash which is lost in the mail.
    (ii) A receipt for fees paid will be given only upon request.
    (iii) Where it is anticipated that the fees chargeable under this 
section will amount to more than $25, and the requester has not 
indicated in advance a willingness to pay fees as high as are 
anticipated, the requester will be promptly notified of the amount of 
the anticipated fee or such portion thereof as can readily be estimated. 
In appropriate cases an advance deposit may be required. The requester 
is at any time welcome to confer with the Director of Public Affairs in 
order to formulate the request in a manner which will reduce the fee and 
meet the needs of the requester. A request will not be deemed to have 
been received until the requester has agreed to pay the anticipated fees 
and has made an advance deposit if one is required.



Sec. 706.27  Administrative appeal of refusal to disclose.

    (a) Who may appeal. Any person whose request for information or 
records has been denied in whole or in part shall be entitled to submit 
a written appeal to the Corporation.
    (b) Time for appeal. An appeal from a denial may be filed with the 
Corporation at any time within 20 days following the date of receipt of 
the initial determination, in cases of denials of an entire request, or 
from the date of receipt of any records being made available under an 
initial determination in cases of partial denials.
    (c) Form of appeal. An appeal shall be by letter addressed to the 
Vice President & General Counsel, Overseas Private Investment 
Corporation, 1615 M Street, NW., Washington, DC 20527. The envelope and 
the letter setting forth the appeal shall be clearly marked in capital 
letters: FREEDOM OF INFORMATION ACT APPEAL. The letter

[[Page 365]]

shall reasonably describe the information or records requested and such 
other pertinent facts and statements as the appellant may deem 
appropriate. An appeal submitted in an envelope which is not addressed 
to the Vice President & General Counsel will not be deemed to have been 
received until such time as the appeal is forwarded to such officer.
    (d) Final corporation decision. Final Corporation decisions on 
appeals from denials of requests for information or records shall be 
made in writing by the Vice President & General Counsel or his/her 
designee within twenty working days after the date of receipt of the 
request, unless an extension of up to ten working days has been deemed 
necessary in accordance with the procedures set forth in Sec. 706.25 of 
this part. The 10-day extension may be applied to the response to the 
initial request or to the appeal, or to both, but in no event shall the 
extension exceed a total of ten working days. If the decision upholds 
the denial of the request, the appellant shall be notified in writing, 
which notice shall set forth the reasons for upholding the previous 
denial. If the Vice President & General Counsel or his/her designee acts 
favorably on the appeal, the information or records requested shall be 
made available promptly provided the requirements of Sec. 706.26 
regarding payment of fees are satisfied.



  Subpart C--Rights of Submitters of Confidential Business Information



Sec. 706.31  Notification to submitters of business information.

    (a) Except as provided in paragraph (c) of this section, the 
Director for Public Affairs will promptly notify a ``business 
submitter'' (as that term is defined in Sec. 706.13(b)(3) of this part) 
that a request for disclosure has been made for any ``business 
information'' (as that term is defined in Section 706(b)(2) of this 
part) provided by such submitter, and shall describe the nature and 
scope of the request and advise such submitter of its right to submit 
written objections in response to the request. Such notice of intent to 
disclose shall be made to the submitter in writing and shall state the 
intent of the Corporation to disclose the business information on the 
expiration of 10 working days from the receipt of the notice.
    (b) The business submitter may, within 10 working days of the 
forwarding of the Corporation's notification under paragraph (a) of this 
section, submit to the attention of the Director for Public Affairs, 
with copy to FOIA Counsel, written objection to the disclosure of the 
information requested, specifying the grounds upon which it is contended 
that the information should not be disclosed. In setting forth such 
grounds, the submitter shall specify to the maximum extent feasible the 
basis of its belief that the nondisclosure of any item of information 
requested is mandated or permitted by law. In the case of information 
which the submitter believes to be exempt from disclosure under 
subsection (b)(4) of the Act, the submitter shall demonstrate why the 
information is considered a trade secret or commercial or financial 
information that is privileged or confidential. Information provided by 
a business submitter pursuant to this paragraph may itself be subject to 
disclosure under the Act. The 10 working day period for providing the 
Corporation with a statement objecting to the disclosure of information 
encompassed by an FOIA request may be extended by the Corporation upon 
receipt of a written request for an extension. Such written request 
shall set forth the date which the statement is expected to be completed 
and shall provide reasonable justification for the extension. The 
Corporation's approval of a request for an extension shall not be 
unreasonably withheld.
    (c) The Corporation will not ordinarily notify the submitter 
pursuant to paragraph (a) of this section if:
    (1) The Corporation determines, prior to giving such notice, that 
the request should be denied;
    (2) The disclosure is required by law (other than pursuant to 5 
U.S.C. 552); or
    (3) The information has been published or otherwise made available 
to the public, including material described in Sec. 706.21.
    (d) The Corporation shall carefully consider the objections of the 
submitter made pursuant to paragraph (b) of this section and shall 
promptly notify

[[Page 366]]

the submitter of any final determination regarding the release of the 
information requested.



Sec. 706.32  Prior designation of business information as privileged or confidential.

    In order to facilitate the Corporation's determination of whether to 
disclose information submitted to it a submitter may designate 
information which it regards as confidential business information 
entitled to exemption from disclosure under 5 U.S.C. 552(b)(4). Such 
designation may be made at the time such information is submitted to the 
Corporation or at any time thereafter. Each document, record or item of 
information to be so designated shall be clearly marked in capital 
letters: PRIVILEGED BUSINESS INFORMATION. In accepting documents, 
records or any item of information so marked, the Corporation shall not 
be bound by such designation.



PART 707--ACCESS TO AND SAFEGUARDING OF PERSONAL INFORMATION IN RECORDS OF THE CORPORATION--Table of Contents




                           Subpart A--General

Sec.
707.11  Purpose.
707.12  Definitions.

       Subpart B--Notification; Access to Records; Amendment; Fees

707.21  Requests for notification of, access to or copies of records.
707.22  Amendment of records.
707.23  Fees.

                          Subpart C--Exceptions

707.31  Public information.
707.32  Specific exemptions.

    Authority: 5 U.S.C. 552a(f); Foreign Assistance Act of 1961 (22 
U.S.C. 2191)F.

    Source: 40 FR 46284, Oct. 6, 1975, unless otherwise noted.



                           Subpart A--General



Sec. 707.11  Purpose.

    This part 707 is adopted pursuant to 5 U.S.C. 552a(f) to implement 
the provisions of the Privacy Act of 1974, 5 U.S.C. 552a. This part 707 
establishes procedures for notifying an individual whether any system of 
records of the Corporation contains information pertaining to him; the 
times, places, and procedures to be followed by an individual seeking 
access to records of the Corporation containing information pertaining 
to him, procedures to be followed by an individual desiring the 
amendment of any record of the Corporation for making copies under this 
part 707 of records of the Corporation containing information pertaining 
to him; and the fees charged by the Corporation containing information 
pertaining to an individual. Pursuant to 5 U.S.C. 552a(k), this part 707 
also exempts certain systems of records from some of the provisions of 5 
U.S.C. 552a.



Sec. 707.12  Definitions.

    As used in this part 707, the terms agency, individual, maintain, 
record, system of records, statistical record, and routine use shall 
have the meaning specified for each such term in 5 U.S.C. 552a(a).



       Subpart B--Notification; Access to Records; Amendment; Fees



Sec. 707.21  Requests for notification of, access to or copies of records.

    (a) Whenever an individual desires either notification of, access to 
or copies of records which are maintained by the Corporation and which 
may contain information pertaining to said individual, he may submit 
such a request to the Corporation in the form specified in paragraph (b) 
of this section. Such request shall be addressed to the Director of 
Personnel and Administration and may either be mailed to the Corporation 
or be delivered to the receptionist at the office of the Corporation, 
1129--20th Street NW., Washington, DC 20527, between 8:45 a.m. and 5:30 
p.m., Monday thru Friday (excluding legal public holidays). Access to 
records maintained by the Corporation will be provided only by 
appointment. No officer or employee of the Corporation shall, pursuant 
to the provisions of this part 707, provide any individual with access 
to any records maintained by the Corporation until the Corporation

[[Page 367]]

shall have received from such individual a written request in the form 
specified in paragraph (b) of this section and verification of the 
identity of the individual as provided in paragraph (c) of this section.
    (b) Any request under this part 707 for notification of, access to 
or copies of records maintained by the Corporation shall comply with the 
following requirements:
    (1) It shall be in writing, signed by the individual, and, except in 
the event such requesting individual is an officer or employee of the 
Corporation, duly acknowledged before a notary public or other 
authorized public official;
    (2) It shall accurately identify the records or information to which 
access is sought;
    (3) It shall specify the date and hour such individual wishes such 
an appointment; and
    (4) It shall specify whether the individual also wishes copies of 
the information pertaining to him.
    (c) Prior to providing any individual either with notification of, 
access to or copies of any records maintained by the Corporation that 
contain information pertaining to said individual, the Director of 
Personnel and Administration shall verify the identity of such 
individual. In order to verify the identity of any such individual, the 
Director of Personnel and Administration shall require such individual 
to provide reasonable proof of his identity such as, by way of example 
and not limitation, a valid drivers license, identification card, 
passport, employee identification card and any other identifying 
information. The Director of Personnel and Administration shall deny any 
such request from any individual if he determines, in his sole 
discretion, that the evidence offered to verify the identity of such 
individual is insufficient to establish conclusively the identity of 
such individual. Upon denying any such request under this paragraph (c), 
the Director of Personnel and Administration shall promptly notify the 
individual in writing of such determination.
    (d) In the event that the Director of Personnel and Administration 
shall decline any request submitted to the Corporation under paragraph 
(b) of this section because he determines under paragraph (c) of this 
section that the individual has not provded adequate evidence to verify 
his identity, said individual may, within thirty (30) days of the date 
of the notification thereof by the Director of Personnel and 
Administration, file a written appeal of such determination with the 
Executive Vice President of the Corporation. The decision of the 
Executive Vice President with respect to such appeal shall be final.
    (e) Whenever an individual desires copies of any records in addition 
to personal access thereto, copies will be furnished upon payment of the 
fees prescribed in Sec. 707.23 of this part.
    (f) The Corporation may require any individual who wishes to be 
accompanied by any other individual when reviewing any records made 
available under this part 707 shall provide the Corporation with a 
signed, written statement authorizing discussion of the information 
contained in such records in the presence of such accompanying 
individual.
    (g) Copies of records made available for review to any individual 
under this part 707 may be released to a duly authorized representative 
of any such individual provided that such individual provides the 
Corporation with a power of attorney to such effect on behalf of said 
representative, signed by such individual and duly acknowledged before a 
notary public or other authorized public offical. The Corporation shall 
require any such representative to verify his identity in accordance 
with paragraph (c) of this section.
    (h) Original or record copies of records will not be released from 
the files of the Corporation. Individuals will not be permitted to 
disturb any record files or to remove any records from the designated 
place of examination within the Corporation.



Sec. 707.22  Amendment of records.

    (a) Whenever any individual desires an amendment to any record of 
the Corporation to correct information in such record pertaining to him 
that he believes not to be accurate relevant, timely, or complete, he 
may submit such a request to the Corporation in the form specified in 
paragraph (b) of

[[Page 368]]

this section. Such rquest shall be addressed to the Director of 
Personnel and Administration and may either be mailed to the Corporation 
or delivered to the receptionist at the office of the Corporation, 
1129--20th Street, NW., Washington, DC 20527, between 8:45 a.m. and 5:30 
p.m., Monday thru Friday (excluding legal public holidays). Such request 
shall be deemed not to have been received by the Corporation until 
actually delivered to it or, whenever mailed, actually received by the 
Chief of Personnel and Administration.
    (b) Any request submitted to the Corporation under paragraph (a) of 
this section shall comply with the following requirements:
    (1) It shall be in writing, signed by the individual, and, except in 
the event such requesting individual is an officer or employee of the 
Corporation, duly acknowledged before a notary public or other 
authorized public official;
    (2) It shall accurately identify the records and information to be 
amended;
    (3) It shall specify the correction requested; and
    (4) It shall fully specify the basis for such individual's belief 
that the records and information are not accurate, relevant, timely or 
complete; and
    (5) It shall be supported by substantial and reliable evidence 
sufficent to permit the Corporation to determine whether such amendment 
is in order. Any such request shall be deemed not to have been received 
by the Corporation and shall be returned without prejudice whenever the 
Director of Personnel and Administration determines that such request 
either does not describe records specifically enough to permit the staff 
of the Corporation to promptly locate such records or does not state the 
amendment requested or the basis therefor in reasonably specific 
language.
    (c) The Director of Personnel and Administration shall acknowledge 
in writing the receipt of any such request to correct any records not 
later than ten (10) days (excluding Saturdays, Sundays and legal public 
holidays) after the date of the receipt of such request by the 
Corporation.
    (d) Not later than thirty (30) days (excluding Saturdays, Sundays 
and official holidays) after the date of the receipt of such request by 
the Corporation, the Director of Personnel and Administration shall 
either:
    (1) Make any correction of any portion of such records that he 
determines not to have been accurate, relevant, timely, or complete and 
notify the individual in writing of such correction; or
    (2) Inform the individual in writing of his decision to deny any 
portion of such request, the reason for the refusal, and the right of 
the individual to request a review thereof by the Executive Vice 
President of the Corporation under paragraph (e) of this section.
    (e) In the event the Director of Personnel and Administration shall 
deny any portion of any individual's request to amend records, such 
individual may within thirty (30) days of the date of the notification 
of such denial, file a written appeal of such decision with the 
Executive Vice President of the Corporation. Such appeal may be 
supported by any additional written evidence and statements deemed 
appropriate by the individual.



Sec. 707.23  Fees.

    The fees to be charged by the Corporation for making copies of any 
records provided to any individual under this part 707 shall be twenty 
(20) cents per page.



                          Subpart C--Exceptions



Sec. 707.31  Public information.

    Nothing in this part 707 shall be construed as a waiver by the 
Corporation, either in whole or in part, of the provisions of 5 U.S.C. 
552(b) or 18 U.S.C. 1905. The Corporation, to the maximum extent 
permitted by law, may delete information from copies of any records 
furnished to any individual under this part 707.



Sec. 707.32  Specific exemptions.

    The provisions of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H) 
and (I) and (f) shall not apply to any system of records maintained by 
the Corporation that is--
    (a) Subject to the provisions of 5 U.S.C. 552(b)(1);

[[Page 369]]

    (b) Investigatory material compiled for law enforcement purposes 
other than those specified in 5 U.S.C. 552a (j)(2);
    (c) Required by statute to be maintained and used solely as 
statistical records;
    (d) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility or qualifications for Federal 
civilian employment, military service, Federal contracts or access to 
classified information, but only to the extent that the Corporation may 
determine, in its sole discretion, that the disclosure of such material 
would reveal the identity of the source who, subsequent to September 27, 
1975, furnished information to the Government under an express promise 
that the identity of the source would be held in confidence or, prior to 
such date, under an implied promise to such effect; and
    (e) Testing or examination materials used solely to determine 
individual qualifications for appointment or promotion in the Federal 
service and the Corporation determines, in its sole discretion, that 
disclosure of such materials would compromise the fairness of the 
testing or examination process.



PART 708--SUNSHINE REGULATIONS--Table of Contents




Sec.
708.1  Purpose and applicability.
708.2  Open meeting policy.
708.3  Scheduling of a meeting.
708.4  Public announcement.
708.5  Closed meetings.
708.6  Records of closed meetings.

    Authority: 5 U.S.C. 552b.

    Source: 42 FR 13110, Mar. 9, 1977, unless otherwise noted.



Sec. 708.1  Purpose and applicability.

    The purpose of this part is to effectuate the provisions of the 
Government in the Sunshine Act. This part applies to the deliberations 
of a quorum of the Directors of the Corporation required to take action 
on behalf of the Corporation where such deliberations determine or 
result in the joint conduct or disposition of official Corporation 
business, but does not apply to deliberations to take action to open or 
close a meeting or to release or withhold information under Sec. 708.5. 
Any deliberation to which this part applies is hereinafter in this part 
referred to as a meeting of the Board of Directors.



Sec. 708.2  Open meeting policy.

    (a) It is the policy of the Corporation to provide the public with 
the fullest practicable information regarding the decisionmaking process 
of the Board of Directors of the Corporation while protecting the rights 
of individuals and the ability of the Corporation to carry out its 
responsibilities. In order to effect this policy, every meeting of the 
Board of Directors shall be open to public observation and will only be 
closed to public observation if justified under one of the provisions of 
Sec. 708.5. The public is invited to observe and listen to all meetings 
of the Board of Directors, or portions thereof, open to public 
observation, but may not participate or record any of the discussions by 
means of electronic or other devices or cameras. Documents being 
considered at meetings of the Board of Directors may be obtained subject 
to the procedures and exemptions set forth in part 706 of this chapter.
    (b) Directors of the Corporation shall not jointly conduct or 
dispose of agency business other than in accordance with this part. This 
prohibition shall not prevent Directors from considering individually 
business that is circulated to them sequentially in writing.
    (c) The Secretary of the Corporation shall be responsible for 
assuring that ample space, sufficient visibility, and adequate acoustics 
are provided for public observation of meetings of the Board of 
Directors.



Sec. 708.3  Scheduling of a meeting.

    A decision to hold a meeting of the Board of Directors should be 
made as provided in the By-laws of the Corporation and at least eight 
days prior to the scheduled meeting date in order for the Secretary of 
the Corporation to give the public notice required by Sec. 708.4. 
However in special cases, a majority of the Directors may decide to hold 
a meeting less than eight days prior to the scheduled meeting date if 
they determine by a recorded vote that Corporation business requires 
such meeting at such earlier date. After

[[Page 370]]

public announcement of a meeting of the Board of Directors under the 
provisions of Sec. 708.4, the subject matter thereof, or the 
determination to open or close a meeting, or portion thereof, may only 
be changed if a majority of the Directors determines by a recorded vote 
that business so requires and that no earlier announcement of the change 
is possible.



Sec. 708.4  Public announcement.

    (a) Except to the extent that such information is exempt from 
disclosure under the provisions of Sec. 708.5, in the case of each 
meeting of the Board of Directors, the Secretary shall make public 
announcement at least one week before the meeting, of the time, place, 
and subject matter of the meeting, whether it is to be open or closed to 
the public, and the name and telephone number of the official designated 
by the Corporation to respond to requests for information about the 
meeting. Such announcement shall be made unless a majority of the 
Directors determines by a recorded vote that Corporation business 
requires that such meeting be called at an earlier date, in which case 
the Secretary shall make public announcement of the time, place, and 
subject matter of such meeting, and whether open or closed to the 
public, at the earliest practicable time.
    (b) The time or place of a meeting may be changed following the 
public announcement required by paragraph (a) of this section only if 
the Secretary publicly announces such change at the earliest practicable 
time. The subject matter of a meeting, or the determination of the 
Corporation to open or close a meeting, or portion of a meeting, to the 
public, may be changed following the public announcement required by 
this section only if (1) a majority of the Directors determines by a 
recorded vote that business so requires and that no earlier announcement 
of the change was possible, and (2) the Secretary publicly announces 
such change and the vote of each Director upon such change at the 
earliest practicable time.
    (c) The earliest practicable time, as used in this subsection, means 
as soon as possible, which should in few, if any, instances be later 
than the commencement of the meeting or portion in question.
    (d) The Secretary shall use reasonable means to assure that the 
public is fully informed of the public announcements required by this 
section. Such public announcements may be made by posting notices in the 
public areas of the Corporation's headquarters and mailing notices to 
the persons on a list maintained for those who want to receive such 
announcements.
    (e) Immediately following each public announcement required by this 
section, notice of the time, place, and subject matter of a meeting, 
whether the meeting is open or closed, any change in one of the 
preceding announcements, and the name and telephone number of the 
official designated by the Corporation to respond to requests for 
information about the meeting shall also be submitted by the Secretary 
for publication in the Federal Register.



Sec. 708.5  Closed meetings.

    (a) Meetings of the Board of Directors will be closed to public 
observation where the Corporation properly determines, according to the 
procedures set forth in paragraph (c) of this section, that such portion 
or portions of the meeting or disclosure of such information is likely 
to:
    (1) Disclose matters that are (i) specifically authorized under 
criteria established by an Executive order to be kept secret in the 
interests of national defense or foreign policy and are (ii) in fact 
properly classified pursuant to such Executive order;
    (2) Relate solely to the internal personnel rules and practices of 
an agency;
    (3) Disclose matters specifically exempted from disclosure by 
statute (other than 5 U.S.C. 552), Provided, That such statute (i) 
requires that the matters be withheld from the public in such a manner 
as to leave no discretion on the issue, or (ii) establishes particular 
criteria for withholding or refers to particular types of matters to be 
withheld;
    (4) Disclose the trade secrets and commercial or financial 
information obtained from a person and privileged or confidential;

[[Page 371]]

    (5) Involve accusing any person of a crime, or formally censuring 
any person;
    (6) Disclose information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (7) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of such records or 
information would (i) interfere with enforcement proceedings, (ii) 
deprive a person of a right to a fair trial or an impartial 
adjudication, (iii) constitute an unwarranted invasion of personal 
privacy, (iv) disclose the identity of a confidential source and, in the 
case of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source, (v) disclose investigative 
techniques and procedures, or (vi) endanger the life or physical safety 
of law enforcement personnel;
    (8) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed agency 
action, except in any instance where the Corporation has already 
disclosed to the public the content or nature of its proposed action, or 
where the Corporation is required by law to make such disclosure on its 
own initiative prior to taking final Corporation action on such 
proposal; or
    (9) Specifically concern the Corporation's participation in a civil 
action or proceeding, an action in a foreign court or international 
tribunal, or an arbitration, or the initiation, conduct, or disposition 
by the Corporation of a particular case of formal Corporation 
adjudication pursuant to the procedures in 5 U.S.C. 554 or otherwise 
involving a determination on the record after opportunity for a hearing.
    (b) Meetings of the Board of Directors shall not be closed pursuant 
to paragraph (a) of this section when the Corporation finds that the 
public interest requires that they be open.
    (c)(1) Action to close a meeting, or portion thereof, pursuant to 
the exemptions defined in paragraph (a) of this section may be initiated 
by the President or any Director of the Corporation by presentation of a 
request for closure to the Board of Directors. The person initiating the 
request for closure shall give the Board of Directors a statement 
specifying the extent of the proposed closure, the relevant exemptive 
provisions and the circumstances pertinent to such request, and how the 
public interest will be served by closure. Such statement shall also be 
given to the General Counsel of the Corporation to serve as a basis for 
the certification the General Counsel may determine can be issued in 
accordance with Sec. 708.6. The General Counsel's determination shall be 
given to the Board of Directors. Action to close a meeting, or portion 
thereof, shall be taken only when a majority of the entire membership of 
the Board of Directors votes to take such action. A separate vote of the 
Board of Directors shall be taken with respect to each meeting of the 
Board of Directors a portion or portions of which are proposed to be 
closed to the public or with respect to any information which is 
proposed to be withheld. A single vote may be taken with respect to a 
series of meetings, a portion or portions of which are proposed to be 
closed to the public, or with respect to any information which is 
proposed to be withheld. A single vote may be taken with respect to a 
series of meetings, a portion or portions of which are proposed to be 
closed to the public, or with respect to any information concerning such 
series of meetings, so long as each meeting in such series involves the 
same particular matters and is scheduled to be held no more than thirty 
days after the initial meeting in such series. The vote of each Director 
participating in such vote shall be recorded and no proxies shall be 
allowed.
    (2) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the Corporation close such portion 
to the public for any of the reasons referred to in paragraph (a)(5), 
(a)(6), or (a)(7) of this section, the Corporation, upon request of any 
one of its Directors, shall

[[Page 372]]

vote by recorded vote whether to close such meeting.
    (3) Within one day of any vote taken pursuant to paragraph (c)(1) or 
(c)(2) of this section, the Secretary shall make publicly available a 
written copy of such vote reflecting the vote of each member on the 
question. If a portion of a meeting is to be closed to the public, the 
Secretary shall, by the close of the business day next succeeding the 
day of the vote taken pursuant to paragraph (c)(1) or (c)(2) of this 
section, make publicly available a full written explanation of the 
Corporation's action closing the portion together with a list of all 
persons expected to attend the meeting and their affiliation. The 
information required by this subparagraph shall be disclosed except to 
the extent that it is exempt from disclosure under the provisions of 
paragraph (a) of this section.



Sec. 708.6  Records of closed meetings.

    (a) For every meeting of the Board of Directors closed pursuant to 
Sec. 708.5, the General Counsel of the Corporation shall publicly 
certify prior to such meeting that, in his or her opinion, the meeting 
may be closed to the public and shall state each relevant exemptive 
provision. A copy of such certification, together with a statement from 
the presiding officer of the meeting setting forth the time and place of 
the meeting, and the persons present, shall be retained by the Secretary 
as part of the transcript, recording, or minutes required by paragraph 
(b) of this section.
    (b) The Secretary shall maintain a complete transcript or electronic 
recording adequate to record fully the proceedings of each meeting, or 
portion of a meeting, closed to the public, except that in the case of a 
meeting, or portion of a meeting, closed to the public pursuant to 
Sec. 708.5(a)(9), the Secretary shall maintain either such a transcript 
or recording, or a set of minutes. Such minutes shall fully and clearly 
describe all matters discussed and shall provide a full and accurate 
summary of any actions taken, and the reasons therefor, including a 
description of each of the views expressed on any item and the record of 
any roll-call vote (reflecting the vote of each member on the question). 
All documents considered in connection with any Corporation action shall 
be identified in such minutes.
    (c) The Secretary shall maintain a complete verbatim copy of the 
transcript, a complete copy of the minutes, or a complete electronic 
recording of each meeting, or portion of a meeting, closed to the 
public, for a period of at least two years after such meeting, or until 
one year after the conclusion of the proceeding of the Board of 
Directors with respect to which the meeting or portion was held, 
whichever occurs later.
    (d) Within ten days of receipt of a request for information 
(excluding Saturdays, Sundays, and legal public holidays), the 
Corporation shall make available to the public, in the Office of 
Secretary of the Corporation, Washington, DC, the transcript, electronic 
recording, or minutes (as required by paragraph (b) of this section) of 
the discussion of any item on the agenda, or of any item of the 
testimony of any witness received at the meeting, except for such item 
or items of such discussion or testimony as the Secretary determines to 
contain information which may be withheld under the provisions of 
Sec. 708.5. Copies of such transcript, or minutes, or a transcription of 
such recording disclosing the identify of each speaker, shall be 
furnished to any person at the actual cost of duplication or 
transcription.
    (e) The determination of the Secretary to withhold information 
pursuant to paragraph (d) of this section may be appealed to the 
President of the Corporation, in his or her capacity as administrative 
head of the Corporation. The President will make a determination to 
withhold or release the requested information within twenty days from 
the date of receipt of the request for review (excluding Saturdays, 
Sundays, and legal public holidays).



PART 709--FOREIGN CORRUPT PRACTICES ACT OF 1977--Table of Contents




Sec.
709.1  Authority and purpose.
709.2  Applicability.
709.3  Definitions.

[[Page 373]]

709.4  Cause for suspension of entities from eligibility.
709.5  Procedure.
709.6  Suspension duration criteria.
709.7  Effect of suspension.
709.8  Procedure for voiding suspensions.

    Authority: Sec. 237(1), Foreign Assistance Act of 1961, added by 
Pub. L. 95-268.

    Source: 43 FR 36064, Aug. 15, 1978, unless otherwise noted.



Sec. 709.1  Authority and purpose.

    (a) These regulations are issued under the general powers of the 
Overseas Private Investment Corporation (``OPIC'') and pursuant to 
section 237(1) of the Foreign Assistance Act of 1961, added by Pub. L. 
95-268.1  The Board of Directors of OPIC has authorized the 
President of OPIC to issue these regulations and to amend them as the 
President shall deem appropriate.
---------------------------------------------------------------------------

    1 Section 237(1) of that Act states:
    (1) No payment may be made under any insurance or reinsurance which 
is issued under this title on or after the date of enactment of this 
subsection for any loss occurring with respect to a project, if the 
preponderant cause of such loss was an act by the investor seeking 
payment under this title, by a person possessing majority ownership and 
control of the investor at the time of the act, or by any agent of such 
investor or controlling person, and a court of the United States has 
entered a final judgment that such act constituted a violation under the 
Foreign Corrupt Practices Act of 1977.
    (2) Not later than 120 days after the date of enactment of this 
subsection, the Corporation shall adopt regulations setting forth 
appropriate conditions under which any person convicted under the 
Foreign Corrupt Practices Act of 1977 for an offense related to a 
project insured or otherwise supported by the Corporation shall be 
suspended, for a period of not more than 5 years, from eligibility to 
receive any insurance, reinsurance, guaranty, loan or other financial 
support authorized by this title.
---------------------------------------------------------------------------

    (b) These regulations prescribe the procedure under which 
individuals and companies may be suspended, as mandated by section 
237(1) of the Foreign Assistance Act of 1961, as amended, from 
eligibility for OPIC services because of conviction under the Foreign 
Corrupt Practices Act of 1977 (Pub. L. 95-213) of an offense related to 
an OPIC-supported project.
    (c) The purposes of the suspensions provided herein are to carry out 
the statutory requirements of Section 237(1) of the Foreign Assistance 
Act of 1961, as amended, to protect the interest of the United States 
and to foster full and free competition in international commerce.
    (d) The specific provisions of law under which OPIC operates and the 
general powers conferred on OPIC give OPIC broad discretion in the 
conduct of its programs. The issuance of these regulations is not to be 
construed as in any way limiting or derogating from the discretion of 
OPIC to determine whether or not to support the investment of a 
particular entity in a particular case.



Sec. 709.2  Applicability.

    These regulations take effect on the date of publication in the 
Federal Register and govern eligibility for OPIC services for which OPIC 
has not previously obligated itself.



Sec. 709.3  Definitions

    (a) The Act means the Foreign Corrupt Practices Act of 1977.
    (b) Entity means any individual, association, company, corporation, 
concern, partnership, or person.
    (c) Offense means any act or omission to act which has been found by 
a United States court of competent jurisdiction to constitute, with 
respect to a particular entity, a violation of the Act, of section 
13(b)(2), 13(b)(3) or 30A of the Securities Exchange Act of 1934 (which 
were added in 1977 by the Act), or of any other provision of law derived 
from the Act.
    (d) Suspension means the designation of an entity as ineligible to 
receive OPIC services through a suspension determination.
    (e) Suspension determination means a determination by the President 
of OPIC pursuant to these regulations that an entity is ineligible to 
receive OPIC services.



Sec. 709.4  Cause for suspension of entities from eligibility.

    Any entity which has been convicted of an offense related to a 
project insured or otherwise supported by OPIC may be suspended from 
eligibility for additional OPIC services for a period of

[[Page 374]]

not more than 5 years pursuant to a suspension determination.



Sec. 709.5  Procedure.

    (a) Upon receipt of an application for OPIC services from any entity 
which OPIC has reason to believe may have been convicted under the Act 
the OPIC General Counsel shall ascertain whether a conviction has been 
entered against such entity under the Act and, if so, whether it was 
entered for an offense related to a project insured or otherwise 
supported by OPIC. If such an offense is found, the General Counsel 
shall advise the President of such finding and any known circumstances 
indicating that suspension would not be in the national interest of the 
United States. If, after reviewing the submission from the General 
Counsel, the President determines that national interest considerations 
are not great enough to preclude suspension, OPIC shall furnish the 
subject entity with a written notice (1) specifying the offense and 
stating that suspension for the maximum duration is being considered and 
(2) inviting the subject entity to submit to OPIC any evidence of facts 
or circumstances which it deems appropriate to indicate that a 
suspension should not be imposed or that the duration of the suspension 
should be less than the maximum. Such notice shall further state that 
the subject entity must provide such evidence within 30 days of the date 
of such written notice or any extension of time granted in writing by 
OPIC. The Genral Counsel shall promptly review any evidence submitted by 
the subject entity and report his findings and recommendations to the 
President. The President shall determine whether the subject entity 
shall be suspended and, if so, the President shall issue a suspension 
determination specifying the duration of such suspension. Notice of such 
suspension determination shall be forwarded by registered mail to the 
subject entity and any entity so notified shall be advised that such 
suspension may be reduced as provided in section 5(b) or voided as 
provided in section 8.
    (b) The duration of any suspension may be reduced by the President 
at any time for good cause, including the submission by the suspended 
entity of an application for relief, supported by evidence and setting 
forth appropriate grounds for granting such relief, such as the 
institution of measures designed to preclude the recurrence of the 
actions with respect to which the suspension was initially imposed. 
Notice of each such reduction shall be forwarded to the suspended entity 
by registered mail.
    (c) The duration of any suspension may be increased by the President 
at any time for good cause, subject to providing the subject entity with 
notice and opportunity to submit evidence in accordance with section 
5(a). In no event shall any such increase result in a period of 
suspension exceeding 5 years with respect to any single conviction.



Sec. 709.6  Suspension duration criteria.

    Factors which the President may consider in setting or amending the 
duration of any suspension imposed pursuant to these regulations 
include, but are not limited to, the following:
    (a) Whether the offense with respect to which suspension has been 
imposed or is being considered was committed with the knowledge or 
consent of the board of directors or other group or officer or 
individual responsible for the overall management of the subject entity;
    (b) Whether or not such offense was committed under pressure of 
extortion, political intervention, or other duress exerted by the 
government, or any official of the government, of the country in which 
such offense was committed;
    (c) Quantitative factors relating to the seriousness of the offense, 
such as the amounts of any improper payments and the frequency with 
which, and period of time over which, they were made;
    (d) The purpose of any such offense;
    (e) Whether such offense violated the laws of the country in which 
it was committed;
    (f) The extent to which the offense was related to the establishment 
or operation of a project supported by OPIC; and
    (g) Any factors relating to the effect of suspension on the national 
interest of the United States.

[[Page 375]]



Sec. 709.7  Effect of suspension.

    (a) Any entity suspended pursuant to a suspension determination 
shall not, for the duration of such suspension, and subject to the 
provisions of section 7(b), be eligible to receive any additional 
insurance, reinsurance, guaranty, loan, or other financial support from 
OPIC.
    (b) Suspended entities:
    (1) May be retained on the OPIC mailing list only for the purpose of 
receiving informational mailings;
    (2) May register projects with OPIC but may not submit project 
applications to OPIC;
    (3) May continue to deal with OPIC with respect to agreements 
entered with OPIC prior to the suspension and may amend or be granted 
modifications of such agreements, including loan reschedulings and 
refinancings;
    (4) May not be invited to participate in OPIC-sponsored investment 
missions or other similar activities; and
    (5) May not receive indirectly, or beneficially, whether through the 
purchase of project participations, the use of intermediary entities or 
other such devices, any OPIC services which they would not be entitled 
to receive directly, and may not be the beneficiary of financial support 
advanced by a third party where such support, in turn, is guaranteed or 
insured by OPIC; provided, however that such suspended entity shall be 
entitled to all benefits and payments accruing to holders of negotiable 
instruments guaranteed by OPIC and acquired by such suspended entity 
pursuant to a public offering thereof by the original or any subsequent 
holder thereof.



Sec. 709.8  Procedure for voiding suspensions.

    Upon receipt by OPIC from the subject entity of notice of the entry 
of a final judgment of reversal of the conviction or convictions on 
which a suspension was based, and subject to verification thereof by the 
General Counsel and to a finding by the General Counsel that no other 
convictions under the act are outstanding, the President shall void such 
suspension



PART 710--ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents




Sec.
710.1  General.
710.2  Action on receipt of information regarding violation.
710.3  Initiation of administrative disciplinary proceeding.
710.4  Notice.
710.5  Failure to request hearing.
710.6  Appointment and qualifications of examiner.
710.7  Time, date and place of hearing.
710.8  Rights of parties at hearing.
710.9  Burden of proof.
710.10  Findings.
710.11  Appeal.
710.12  Finding of violation.
710.13  Appropriate action.
710.14  Judicial review.
710.15  Delegation of authority.

    Authority: 18 U.S.C. 207(j).

    Source: 45 FR 5685, Jan. 24, 1980, unless otherwise noted.



Sec. 710.1  General.

    The following procedures are hereby established with respect to the 
administrative enforcement of restrictions on post-employment activities 
(18 U.S.C. 207(a), (b) or (c) and implementing regulations (44 FR 19987 
and 19988, April 3, 1979) published by the Office of Government Ethics.



Sec. 710.2  Action on receipt of information regarding violation.

    On receipt of information regarding a possible violation of the 
statutory or regulatory post-employment restrictions by a former OPIC 
employee and after determining that such information does not appear to 
be frivolous, the President of OPIC or the President's designee shall 
provide such information to the Director of the Office of Government 
Ethics and to the Criminal Division, Department of Justice. Any 
investigation or administrative action shall be coordinated with the 
Department of Justice to avoid prejudicing possible criminal 
proceedings. If the Department of Justice informs OPIC that it does not 
intend to institute criminal proceedings, such

[[Page 376]]

coordination shall no longer be required and OPIC shall be free to 
pursue administrative action.



Sec. 710.3  Initiation of administrative disciplinary proceeding.

    Whenever the President of OPIC or the President's designee 
determines after appropriate review that there is reasonable cause to 
believe that a former OPIC employee had violated the statutory or 
regulatory post-employment restrictions, an administrative disciplinary 
proceeding shall be initiated.



Sec. 710.4  Notice.

    The President of OPIC or the President's designee shall initiate an 
administrative disciplinary hearing by providing the former OPIC 
employee with notice of an intention to institute a proceeding and an 
opportunity for a hearing. Notice must include:
    (a) A statement of allegations and the basis thereof sufficiently 
detailed to enable the former employee to prepare an adequate defense;
    (b) Notification of the right to a hearing; and
    (c) An explanation of the method by which a hearing may be 
requested.



Sec. 710.5  Failure to request hearing.

    The President of OPIC may take appropriate action referred to in 
Sec. 710.13 in the case of any former OPIC employee who has failed to 
make a written request to OPIC for a hearing within 30 days after 
receiving adequate notice.



Sec. 710.6  Appointment and qualifications of examiner.

    When a former OPIC employee after receiving adequate notice requests 
a hearing, a presiding official (hereinafter referred to as 
``examiner'') shall be appointed by the President of OPIC to make an 
initial decision. The examiner shall be a responsible person who is a 
member of the bar of a State or of the District of Columbia, who is 
impartial and who has not participated in any manner in the decision to 
initiate the proceedings. The examiner may or may not be an OPIC 
employee.



Sec. 710.7  Time, date and place of hearing.

    The examiner shall establish a reasonable time, date and place to 
conduct the hearing. In establishing a date, the examiner shall give due 
regard to the former employee's need for:
    (a) Adequate time to prepare a defense properly; and
    (b) An expeditious resolution of allegations that may be damaging to 
the individual's reputation.



Sec. 710.8  Rights of parties at hearing.

    A hearing shall include, at a minimum, the following rights for both 
parties to:
    (a) Represent oneself or be represented by counsel;
    (b) Introduce and examine witnesses and submit physical evidence 
(including the use of interrogatories);
    (c) Confront and cross-examine adverse witnesses;
    (d) Present oral argument; and
    (e) Receive a transcript or recording of the proceedings on request.



Sec. 710.9  Burden of proof.

    In any hearing under this part, OPIC shall have the burden of proof 
and must establish substantial evidence of a violation of the statutory 
or post-employment restrictions.



Sec. 710.10  Findings.

    The examiner shall make a determination exclusively on matters of 
record in the proceeding and shall set forth in the written decision all 
findings of fact and conclusions of law relevant to the matters in 
issue.



Sec. 710.11  Appeal.

    (a) Within 20 days of the date of the initial decision, either party 
may appeal the decision to the President of OPIC. The President's 
decision on such appeal shall be based solely on the record of the 
proceedings or those portions thereof cited by the parties to limit the 
issues.
    (b) If the President modifies or reverses the examiner's decision, 
the President shall specify such findings of fact and conclusions of law 
as are different from those of the examiner.

[[Page 377]]

    (c) The decision of the President on appeal, shall constitute final 
administrative decision. An initial decision of the examiner which has 
not been appealed during the 20-day period provided shall become a final 
administrative decision on the twenty-first day.



Sec. 710.12  Finding of violation.

    The President of OPIC shall take appropriate action referred to in 
Sec. 710.13 in the case of an individual who is found in violation of 
the statutory or regulatory post-employment restrictions, after a final 
administrative decision.



Sec. 710.13  Appropriate action.

    Appropriate action includes:
    (a) Prohibiting the individual from making, on behalf of any other 
person (except the United States), any formal or informal appearance 
before, or with the intent to influence, any oral or written 
communication to, OPIC on any matter or business for a period not to 
exceed five years, which may be accomplished by directing OPIC employees 
to refuse to participate in any such appearance or to accept any such 
communication.
    (b) Taking other appropriate disciplinary action.
[45 FR 5685, Jan. 24, 1980; 49 FR 18295, Apr. 30, 1984]



Sec. 710.14  Judicial review.

    Any person found to have participated in a violation of statutory or 
regulatory post-employment restrictions (18 U.S.C. 207(a), (b) or (c) or 
the regulations compiled at 44 FR 19987 and 19988, April 3, 1979) may 
seek judicial review of the administrative determination.



Sec. 710.15  Delegation of authority.

    The functions of the President of OPIC specified in Secs. 710.2, 
710.4 and 710.5 of this part are delegated to the General Counsel of 
OPIC. An examiner shall be delegated authority on an ad hoc basis.



PART 711--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE OVERSEAS PRIVATE INVESTMENT CORPORATION--Table of Contents




Sec.
711.101  Purpose.
711.102  Application.
711.103  Definitions.
711.104--711.109  [Reserved]
711.110  Self-evaluation.
711.111  Notice.
711.112--711.129  [Reserved]
711.130  General prohibitions against discrimination.
711.131--711.139  [Reserved]
711.140  Employment.
711.141--711.148  [Reserved]
711.149  Program accessibility: Discrimination prohibited.
711.150  Program accessibility: Existing facilities.
711.151  Program accessibility: New construction and alterations.
711.152--711.159  [Reserved]
711.160  Communciations.
711.161--711.169  [Reserved]
711.170  Compliance procedures.
711.171--711.999  [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 53 FR 25882, 25885, July 8, 1988, unless otherwise noted.



Sec. 711.101  Purpose.

    The purpose of this regulation is to effectuate section 119 of the 
Rehabilitation, Comprehensive Services, and Developmental Disabilities 
Amendments of 1978, which amended section 504 of the Rehabilitation Act 
of 1973 to prohibit discrimination on the basis of handicap in programs 
or activities conducted by Executive agencies or the United States 
Postal Service.



Sec. 711.102  Application.

    This regulation (Secs. 711.101-711.170) applies to all programs or 
activities conducted by the agency, except for programs or activities 
conducted outside the United States that do not involve individuals with 
handicaps in the United States.

[[Page 378]]



Sec. 711.103  Definitions.

    For purposes of this regulation, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, Brailled materials, 
audio recordings, and other similar services and devices. Auxiliary aids 
useful for persons with impaired hearing include telephone handset 
amplifiers, telephones compatible with hearing aids, telecommunication 
devices for deaf persons (TDD's), interpreters, notetakers, written 
materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Individual with handicaps means any person who has a physical or 
mental impairment that substantially limits one or more major life 
activities, has a record of such an impairment, or is regarded as having 
such an impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing impairments, cerebral palsy, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, 
diabetes, mental retardation, emotional illness, and drug addiction and 
alcoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Qualified individual with handicaps means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, an individual with handicaps who is a 
member of a class of persons otherwise entitled by

[[Page 379]]

statute, regulation, or agency policy to receive education services from 
the agency;
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, an individual with handicaps who meets the essential 
eligibility requirements and who can achieve the purpose of the program 
or activity without modifications in the program or activity that the 
agency can demonstrate would result in a fundamental alteration in its 
nature;
    (3) With respect to any other program or activity, an individual 
with handicaps who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person as that term is defined for 
purposes of employment in 29 CFR 1613.702(f), which is made applicable 
to this regulation by Sec. 711.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617); 
the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the 
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810). 
As used in this regulation, section 504 applies only to programs or 
activities conducted by Executive agencies and not to federally assisted 
programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.
Secs. 711.104--711.109  [Reserved]



Sec. 711.110  Self-evaluation.

    (a) The agency shall, by September 6, 1989, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this regulation and, to the extent modification 
of any such policies and practices is required, the agency shall proceed 
to make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including individuals with handicaps or organizations representing 
individuals with handicaps, to participate in the self-evaluation 
process by submitting comments (both oral and written).
    (c) The agency shall, for at least three years following completion 
of the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified; and
    (2) A description of any modifications made.



Sec. 711.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this regulation and its 
applicability to the programs or activities conducted by the agency, and 
make such information available to them in such manner as the head of 
the agency finds necessary to apprise such persons of the protections 
against discrimination assured them by section 504 and this regulation.
Secs. 711.112--711.129  [Reserved]



Sec. 711.130  General prohibitions against discrimination.

    (a) No qualified individual with handicaps shall, on the basis of 
handicap, be excluded from participation in, be denied the benefits of, 
or otherwise be subjected to discrimination under any program or 
activity conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified individual with handicaps the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with handicaps an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified individual with handicaps with an aid, 
benefit, or

[[Page 380]]

service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with handicaps or to any class of individuals with handicaps 
than is provided to others unless such action is necessary to provide 
qualified individuals with handicaps with aid, benefits, or services 
that are as effective as those provided to others;
    (v) Deny a qualified individual with handicaps the opportunity to 
participate as a member of planning or advisory boards;
    (vi) Otherwise limit a qualified individual with handicaps in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified individual with handicaps 
the opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified individuals with handicaps to discrimination 
on the basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to individuals with handicaps.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude individuals with handicaps from, deny them the benefits 
of, or otherwise subject them to discrimination under any program or 
activity conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with 
handicaps.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified individuals with handicaps to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified individuals with handicaps 
to discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licensees or certified 
entities that subject qualified individuals with handicaps to 
discrimination on the basis of handicap. However, the programs or 
activities of entities that are licensed or certified by the agency are 
not, themselves, covered by this regulation.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to individuals 
with handicaps or the exclusion of a specific class of individuals with 
handicaps from a program limited by Federal statute or Executive order 
to a different class of individuals with handicaps is not prohibited by 
this regulation.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with handicaps.
Secs. 711.131--711.139  [Reserved]



Sec. 711.140  Employment.

    No qualified individual with handicaps shall, on the basis of 
handicap, be subject to discrimination in employment under any program 
or activity conducted by the agency. The definitions, requirements, and 
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791), as established by the Equal Employment Opportunity Commission in 
29 CFR part 1613, shall apply to employment in federally conducted 
programs or activities.
Sec. 711.141--711.148  [Reserved]



Sec. 711.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 711.150, no qualified 
individual with handicaps shall, because the agency's facilities are 
inaccessible to or unusable by individuals with handicaps, be denied the 
benefits of, be excluded from

[[Page 381]]

participation in, or otherwise be subjected to discrimination under any 
program or activity conducted by the agency.



Sec. 711.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by individuals with handicaps. This paragraph 
does not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by individuals with handicaps;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 711.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
individuals with handicaps receive the benefits and services of the 
program or activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by individuals with handicaps. The agency is 
not required to make structural changes in existing facilities where 
other methods are effective in achieving compliance with this section. 
The agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the agency shall give priority 
to those methods that offer programs and activities to qualified 
individuals with handicaps in the most integrated setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 711.150(a) in historic preservation programs, the agency shall give 
priority to methods that provide physical access to individuals with 
handicaps. In cases where a physical alteration to an historic property 
is not required because of Sec. 711.150(a) (2) or (3), alternative 
methods of achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide individuals with handicaps into or 
through portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by November 7, 1988, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by September 6, 1991, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be

[[Page 382]]

undertaken to achieve program accessibility, the agency shall develop, 
by March 6, 1989, a transition plan setting forth the steps necessary to 
complete such changes. The agency shall provide an opportunity to 
interested persons, including individuals with handicaps or 
organizations representing individuals with handicaps, to participate in 
the development of the transition plan by submitting comments (both oral 
and written). A copy of the transition plan shall be made available for 
public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to individuals 
with handicaps;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 711.151   Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with handicaps. The definitions, requirements, and standards 
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established 
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 711.152--711.159  [Reserved]



Sec. 711.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford an individual with handicaps an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
individual with handicaps.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD's) or 
equally effective telecommunication systems shall be used to communicate 
with persons with impaired hearing.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 711.160 would result 
in such alteration or burdens. The decision that compliance would result 
in such alteration or burdens must be made by the agency head or his or 
her designee after considering all agency resources available for use in 
the funding and operation of the conducted program or activity and must 
be accompanied by a written statement of the reasons for reaching that 
conclusion. If an action required to comply with this section would 
result in such an alteration or such burdens, the agency shall take any 
other action that would not

[[Page 383]]

result in such an alteration or such burdens but would nevertheless 
ensure that, to the maximum extent possible, individuals with handicaps 
receive the benefits and services of the program or activity.
Secs. 711.161--711.169  [Reserved]



Sec. 711.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs and activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The Director of Personnel shall be responsible for coordinating 
implementation of this section. Complaints may be sent to Overseas 
Private Investment Corporation, 1615 M Street, NW., Washington, DC 
20527, Attention: Director of Personnel.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate Government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with handicaps.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 711.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[53 FR 25882, 25885, July 8, 1988, as amended 53 FR 25883, July 8, 1988]
Secs. 711.171-711.999  [Reserved]



PART 712--NEW RESTRICTIONS ON LOBBYING--Table of Contents




                           Subpart A--General

Sec.
712.100  Conditions on use of funds.
712.105  Definitions.
712.110  Certification and disclosure.

                 Subpart B--Activities by Own Employees

712.200  Agency and legislative liaison.
712.205  Professional and technical services.
712.210  Reporting.

            Subpart C--Activities by Other Than Own Employees

712.300  Professional and technical services.

                  Subpart D--Penalties and Enforcement

712.400  Penalties.
712.405  Penalty procedures.
712.410  Enforcement.

[[Page 384]]

                          Subpart E--Exemptions

712.500  Secretary of Defense.

                        Subpart F--Agency Reports

712.600  Semi-annual compilation.
712.605  Inspector General report.

Appendix A to part 712--Certification Regarding Lobbying
Appendix B to part 712--Disclosure Form to Report Lobbying

    Authority: Section 319, Public Law 101-121 (31 U.S.C. 1352).

    Cross Reference: See also Office of Management and Budget notice 
published at 54 FR 52306, December 20, 1989.

    Source: 55 FR 6737, 6750, Feb. 26, 1990, unless otherwise noted.



                           Subpart A--General



Sec. 712.100  Conditions on use of funds.

    (a) No appropriated funds may be expended by the recipient of a 
Federal contract, grant, loan, or cooperative ageement to pay any person 
for influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with any of the following 
covered Federal actions: the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal 
contract, grant, loan, or cooperative agreement.
    (b) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or cooperative agreement shall file with that 
agency a certification, set forth in appendix A, that the person has not 
made, and will not make, any payment prohibited by paragraph (a) of this 
section.
    (c) Each person who requests or receives from an agency a Federal 
contract, grant, loan, or a cooperative agreement shall file with that 
agency a disclosure form, set forth in appendix B, if such person has 
made or has agreed to make any payment using nonappropriated funds (to 
include profits from any covered Federal action), which would be 
prohibited under paragraph (a) of this section if paid for with 
appropriated funds.
    (d) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with that agency a statement, set forth in appendix A, whether that 
person has made or has agreed to make any payment to influence or 
attempt to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with that loan insurance or guarantee.
    (e) Each person who requests or receives from an agency a commitment 
providing for the United States to insure or guarantee a loan shall file 
with that agency a disclosure form, set forth in appendix B, if that 
person has made or has agreed to make any payment to influence or 
attempt to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with that loan insurance or guarantee.



Sec. 712.105  Definitions.

    For purposes of this part:
    (a) Agency, as defined in 5 U.S.C. 552(f), includes Federal 
executive departments and agencies as well as independent regulatory 
commissions and Government corporations, as defined in 31 U.S.C. 
9101(1).
    (b) Covered Federal action means any of the following Federal 
actions:
    (1) The awarding of any Federal contract;
    (2) The making of any Federal grant;
    (3) The making of any Federal loan;
    (4) The entering into of any cooperative agreement; and,
    (5) The extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.

Covered Federal action does not include receiving from an agency a 
commitment providing for the United States to insure or guarantee a 
loan. Loan guarantees and loan insurance are addressed independently 
within this part.
    (c) Federal contract means an acquisition contract awarded by an 
agency,

[[Page 385]]

including those subject to the Federal Acquisition Regulation (FAR), and 
any other acquisition contract for real or personal property or services 
not subject to the FAR.
    (d) Federal cooperative agreement means a cooperative agreement 
entered into by an agency.
    (e) Federal grant means an award of financial assistance in the form 
of money, or property in lieu of money, by the Federal Government or a 
direct appropriation made by law to any person. The term does not 
include technical assistance which provides services instead of money, 
or other assistance in the form of revenue sharing, loans, loan 
guarantees, loan insurance, interest subsidies, insurance, or direct 
United States cash assistance to an individual.
    (f) Federal loan means a loan made by an agency. The term does not 
include loan guarantee or loan insurance.
    (g) Indian tribe and tribal organization have the meaning provided 
in section 4 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions 
of Indian tribes in that Act.
    (h) Influencing or attempting to influence means making, with the 
intent to influence, any communication to or appearance before an 
officer or employee or any agency, a Member of Congress, an officer or 
employee of Congress, or an employee of a Member of Congress in 
connection with any covered Federal action.
    (i) Loan guarantee and loan insurance means an agency's guarantee or 
insurance of a loan made by a person.
    (j) Local government means a unit of government in a State and, if 
chartered, established, or otherwise recognized by a State for the 
performance of a governmental duty, including a local public authority, 
a special district, an intrastate district, a council of governments, a 
sponsor group representative organization, and any other instrumentality 
of a local government.
    (k) Officer or employee of an agency includes the following 
individuals who are employed by an agency:
    (1) An individual who is appointed to a position in the Government 
under title 5, U.S. Code, including a position under a temporary 
appointment;
    (2) A member of the uniformed services as defined in section 101(3), 
title 37, U.S. Code;
    (3) A special Government employee as defined in section 202, title 
18, U.S. Code; and,
    (4) An individual who is a member of a Federal advisory committee, 
as defined by the Federal Advisory Committee Act, title 5, U.S. Code 
appendix 2.
    (l) Person means an individual, corporation, company, association, 
authority, firm, partnership, society, State, and local government, 
regardless of whether such entity is operated for profit or not for 
profit. This term excludes an Indian tribe, tribal organization, or any 
other Indian organization with respect to expenditures specifically 
permitted by other Federal law.
    (m) Reasonable compensation means, with respect to a regularly 
employed officer or employee of any person, compensation that is 
consistent with the normal compensation for such officer or employee for 
work that is not furnished to, not funded by, or not furnished in 
cooperation with the Federal Government.
    (n) Reasonable payment means, with respect to perfessional and other 
technical services, a payment in an amount that is consistent with the 
amount normally paid for such services in the private sector.
    (o) Recipient includes all contractors, subcontractors at any tier, 
and subgrantees at any tier of the recipient of funds received in 
connection with a Federal contract, grant, loan, or cooperative 
agreement. The term excludes an Indian tribe, tribal organization, or 
any other Indian organization with respect to expenditures specifically 
permitted by other Federal law.
    (p) Regularly employed means, with respect to an officer or employee 
of a person requesting or receiving a Federal contract, grant, loan, or 
cooperative agreement or a commitment providing for the United States to 
insure or guarantee a loan, an officer or employee who is employed by 
such person for at least 130 working days within one year immediately 
preceding the date of the submission that initiates

[[Page 386]]

agency consideration of such person for receipt of such contract, grant, 
loan, cooperative agreement, loan insurance commitment, or loan 
guarantee commitment. An officer or employee who is employed by such 
person for less than 130 working days within one year immediately 
preceding the date of the submission that initiates agency consideration 
of such person shall be considered to be regularly employed as soon as 
he or she is employed by such person for 130 working days.
    (q) State means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, a territory or possession of 
the United States, an agency or instrumentality of a State, and a multi-
State, regional, or interstate entity having governmental duties and 
powers.



Sec. 712.110  Certification and disclosure.

    (a) Each person shall file a certification, and a disclosure form, 
if required, with each submission that initiates agency consideration of 
such person for:
    (1) Award of a Federal contract, grant, or cooperative agreement 
exceeding $100,000; or
    (2) An award of a Federal loan or a commitment providing for the 
United States to insure or guarantee a loan exceeding $150,000.
    (b) Each person shall file a certification, and a disclosure form, 
if required, upon receipt by such person of:
    (1) A Federal contract, grant, or cooperative agreement exceeding 
$100,000; or
    (2) A Federal loan or a commitment providing for the United States 
to insure or guarantee a loan exceeding $150,000,

Unless such person previously filed a certification, and a disclosure 
form, if required, under paragraph (a) of this section.
    (c) Each person shall file a disclosure form at the end of each 
calendar quarter in which there occurs any event that requires 
disclosure or that materially affects the accuracy of the information 
contained in any disclosure form previously filed by such person under 
paragraphs (a) or (b) of this section. An event that materially affects 
the accuracy of the information reported includes:
    (1) A cumulative increase of $25,000 or more in the amount paid or 
expected to be paid for influencing or attempting to influence a covered 
Federal action; or
    (2) A change in the person(s) or individual(s) influencing or 
attempting to influence a covered Federal action; or,
    (3) A change in the officer(s), employee(s), or Member(s) contacted 
to influence or attempt to influence a covered Federal action.
    (d) Any person who requests or receives from a person referred to in 
paragraphs (a) or (b) of this section:
    (1) A subcontract exceeding $100,000 at any tier under a Federal 
contract;
    (2) A subgrant, contract, or subcontract exceeding $100,000 at any 
tier under a Federal grant;
    (3) A contract or subcontract exceeding $100,000 at any tier under a 
Federal loan exceeding $150,000; or,
    (4) A contract or subcontract exceeding $100,000 at any tier under a 
Federal cooperative agreement,

Shall file a certification, and a disclosure form, if required, to the 
next tier above.
    (e) All disclosure forms, but not certifications, shall be forwarded 
from tier to tier until received by the person referred to in paragraphs 
(a) or (b) of this section. That person shall forward all disclosure 
forms to the agency.
    (f) Any certification or disclosure form filed under paragraph (e) 
of this section shall be treated as a material representation of fact 
upon which all receiving tiers shall rely. All liability arising from an 
erroneous representation shall be borne solely by the tier filing that 
representation and shall not be shared by any tier to which the 
erroneous representation is forwarded. Submitting an erroneous 
certification or disclosure constitutes a failure to file the required 
certification or disclosure, respectively. If a person fails to file a 
required certification or disclosure, the United States may pursue all 
available remedies, including those authorized by section 1352, title 
31, U.S. Code.
    (g) For awards and commitments in process prior to December 23, 
1989, but

[[Page 387]]

not made before that date, certifications shall be required at award or 
commitment, covering activities occurring between December 23, 1989, and 
the date of award or commitment. However, for awards and commitments in 
process prior to the December 23, 1989 effective date of these 
provisions, but not made before December 23, 1989, disclosure forms 
shall not be required at time of award or commitment but shall be filed 
within 30 days.
    (h) No reporting is required for an activity paid for with 
appropriated funds if that activity is allowable under either subpart B 
or C.



                 Subpart B--Activities by Own Employees



Sec. 712.200  Agency and legislative liaison.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 712.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement if 
the payment is for agency and legislative liaison activities not 
directly related to a covered Federal action.
    (b) For purposes of paragraph (a) of this section, providing any 
information specifically requested by an agency or Congress is allowable 
at any time.
    (c) For purposes of paragraph (a) of this section, the following 
agency and legislative liaison activities are allowable at any time only 
where they are not related to a specific solicitation for any covered 
Federal action:
    (1) Discussing with an agency (including individual demonstrations) 
the qualities and characteristics of the person's products or services, 
conditions or terms of sale, and service capabilities; and,
    (2) Technical discussions and other activities regarding the 
application or adaptation of the person's products or services for an 
agency's use.
    (d) For purposes of paragraph (a) of this section, the following 
agencies and legislative liaison activities are allowable only where 
they are prior to formal solicitation of any covered Federal action:
    (1) Providing any information not specifically requested but 
necessary for an agency to make an informed decision about initiation of 
a covered Federal action;
    (2) Technical discussions regarding the preparation of an 
unsolicited proposal prior to its official submission; and,
    (3) Capability presentations by persons seeking awards from an 
agency pursuant to the provisions of the Small Business Act, as amended 
by Public Law 95-507 and other subsequent amendments.
    (e) Only those activities expressly authorized by this section are 
allowable under this section.



Sec. 712.205  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 712.100 (a), does not apply in the case of a payment of reasonable 
compensation made to an officer or employee of a person requesting or 
receiving a Federal contract, grant, loan, or cooperative agreement or 
an extension, continuation, renewal, amendment, or modification of a 
Federal contract, grant, loan, or cooperative agreement if payment is 
for professional or technical services rendered directly in the 
preparation, submission, or negotiation of any bid, proposal, or 
application for that Federal contract, grant, loan, or cooperative 
agreement or for meeting requirements imposed by or pursuant to law as a 
condition for receiving that Federal contract, grant, loan, or 
cooperative agreement.
    (b) For purposes of paragraph (a) of this section, ``professional 
and technical services'' shall be limited to advice and analysis 
directly applying any professional or technical discipline. For example, 
drafting of a legal document accompanying a bid or proposal by a lawyer 
is allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not

[[Page 388]]

allowable under this section unless they provide advice and analysis 
directly applying their professional or technical expertise and unless 
the advice or analysis is rendered directly and solely in the 
preparation, submission or negotiation of a covered Federal action. 
Thus, for example, communications with the intent to influence made by a 
lawyer that do not provide legal advice or analysis directly and solely 
related to the legal aspects of his or her client's proposal, but 
generally advocate one proposal over another are not allowable under 
this section because the lawyer is not providing professional legal 
services. Similarly, communications with the intent to influence made by 
an engineer providing an engineering analysis prior to the preparation 
or submission of a bid or proposal are not allowable under this section 
since the engineer is providing technical services but not directly in 
the preparation, submission or negotiation of a covered Federal action.
    (c) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.
    (d) Only those services expressly authorized by this section are 
allowable under this section.



Sec. 712.210  Reporting.

    No reporting is required with respect to payments of reasonable 
compensation made to regularly employed officers or employees of a 
person.



            Subpart C--Activities by Other Than Own Employees



Sec. 712.300  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in 
Sec. 712.100 (a), does not apply in the case of any reasonable payment 
to a person, other than an officer or employee of a person requesting or 
receiving a covered Federal action, if the payment is for professional 
or technical services rendered directly in the preparation, submission, 
or negotiation of any bid, proposal, or application for that Federal 
contract, grant, loan, or cooperative agreement or for meeting 
requirements imposed by or pursuant to law as a condition for receiving 
that Federal contract, grant, loan, or cooperative agreement.
    (b) The reporting requirements in Sec. 712.110 (a) and (b) regarding 
filing a disclosure form by each person, if required, shall not apply 
with respect to professional or technical services rendered directly in 
the preparation, submission, or negotiation of any commitment providing 
for the United States to insure or guarantee a loan.
    (c) For purposes of paragraph (a) of this section, ``professional 
and technical services'' shall be limited to advice and analysis 
directly applying any professional or technical discipline. For example, 
drafting or a legal document accompanying a bid or proposal by a lawyer 
is allowable. Similarly, technical advice provided by an engineer on the 
performance or operational capability of a piece of equipment rendered 
directly in the negotiation of a contract is allowable. However, 
communications with the intent to influence made by a professional (such 
as a licensed lawyer) or a technical person (such as a licensed 
accountant) are not allowable under this section unless they provide 
advice and analysis directly applying their professional or technical 
expertise and unless the advice or analysis is rendered directly and 
solely in the preparation, submission or negotiation of a covered 
Federal action. Thus, for example, communications with the intent to 
influence made by a lawyer that do not provide legal advice or analysis 
directly and solely related to the legal aspects of his or her client's 
proposal, but generally advocate one proposal over another are not 
allowable under this section because the lawyer is not providing 
professional legal services. Similarly, communications with the intent 
to influence made by an engineer providing an engineering analysis prior 
to the preparation or submission of a bid or proposal are not allowable 
under this section since the engineer is providing technical services 
but not directly in the preparation, submission

[[Page 389]]

or negotiation of a covered Federal action.
    (d) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal award include those required by law or 
regulation, or reasonably expected to be required by law or regulation, 
and any other requirements in the actual award documents.
    (e) Persons other than officers or employees of a person requesting 
or receiving a covered Federal action include consultants and trade 
associations.
    (f) Only those services expressly authorized by this section are 
allowable under this section.



                  Subpart D--Penalties and Enforcement



Sec. 712.400  Penalties.

    (a) Any person who makes an expenditure prohibited herein shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such expenditure.
    (b) Any person who fails to file or amend the disclosure form (see 
appendix B) to be filed or amended if required herein, shall be subject 
to a civil penalty of not less than $10,000 and not more than $100,000 
for each such failure.
    (c) A filing or amended filing on or after the date on which an 
administrative action for the imposition of a civil penalty is commenced 
does not prevent the imposition of such civil penalty for a failure 
occurring before that date. An administrative action is commenced with 
respect to a failure when an investigating official determines in 
writing to commence an investigation of an allegation of such failure.
    (d) In determining whether to impose a civil penalty, and the amount 
of any such penalty, by reason of a violation by any person, the agency 
shall consider the nature, circumstances, extent, and gravity of the 
violation, the effect on the ability of such person to continue in 
business, any prior violations by such person, the degree of culpability 
of such person, the ability of the person to pay the penalty, and such 
other matters as may be appropriate.
    (e) First offenders under paragraphs (a) or (b) of this section 
shall be subject to a civil penalty of $10,000, absent aggravating 
circumstances. Second and subsequent offenses by persons shall be 
subject to an appropriate civil penalty between $10,000 and $100,000, as 
determined by the agency head or his or her designee.
    (f) An imposition of a civil penalty under this section does not 
prevent the United States from seeking any other remedy that may apply 
to the same conduct that is the basis for the imposition of such civil 
penalty.



Sec. 712.405  Penalty procedures.

    Agencies shall impose and collect civil penalties pursuant to the 
provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. 
sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 
3812, insofar as these provisions are not inconsistent with the 
requirements herein.



Sec. 712.410  Enforcement.

    The head of each agency shall take such actions as are necessary to 
ensure that the provisions herein are vigorously implemented and 
enforced in that agency.



                          Subpart E--Exemptions



Sec. 712.500  Secretary of Defense.

    (a) The Secretary of Defense may exempt, on a case-by-case basis, a 
covered Federal action from the prohibition whenever the Secretary 
determines, in writing, that such an exemption is in the national 
interest. The Secretary shall transmit a copy of each such written 
exemption to Congress immediately after making such a determination.
    (b) The Department of Defense may issue supplemental regulations to 
implement paragraph (a) of this section.



                        Subpart F--Agency Reports



Sec. 712.600  Semi-annual compilation.

    (a) The head of each agency shall collect and compile the disclosure 
reports (see appendix B) and, on May 31 and November 30 of each year, 
submit to the Secretary of the Senate and the

[[Page 390]]

Clerk of the House of Representatives a report containing a compilation 
of the information contained in the disclosure reports received during 
the six-month period ending on March 31 or September 30, respectively, 
of that year.
    (b) The report, including the compilation, shall be available for 
public inspection 30 days after receipt of the report by the Secretary 
and the Clerk.
    (c) Information that involves intelligence matters shall be reported 
only to the Select Committee on Intelligence of the Senate, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Committees on Appropriations of the Senate and 
the House of Representatives in accordance with procedures agreed to by 
such committees. Such information shall not be available for public 
inspection.
    (d) Information that is classified under Executive Order 12356 or 
any successor order shall be reported only to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives or the Committees on Armed Services of the 
Senate and the House of Representatives (whichever such committees have 
jurisdiction of matters involving such information) and to the 
Committees on Appropriations of the Senate and the House of 
Representatives in accordance with procedures agreed to by such 
committees. Such information shall not be available for public 
inspection.
    (e) The first semi-annual compilation shall be submitted on May 31, 
1990, and shall contain a compilation of the disclosure reports received 
from December 23, 1989 to March 31, 1990.
    (f) Major agencies, designated by the Office of Management and 
Budget (OMB), are required to provide machine-readable compilations to 
the Secretary of the Senate and the Clerk of the House of 
Representatives no later than with the compilations due on May 31, 1991. 
OMB shall provide detailed specifications in a memorandum to these 
agencies.
    (g) Non-major agencies are requested to provide machine-readable 
compilations to the Secretary of the Senate and the Clerk of the House 
of Representatives.
    (h) Agencies shall keep the originals of all disclosure reports in 
the official files of the agency.



Sec. 712.605  Inspector General report.

    (a) The Inspector General, or other official as specified in 
paragraph (b) of this section, of each agency shall prepare and submit 
to Congress each year, commencing with submission of the President's 
Budget in 1991, an evaluation of the compliance of that agency with, and 
the effectiveness of, the requirements herein. The evaluation may 
include any recommended changes that may be necessary to strengthen or 
improve the requirements.
    (b) In the case of an agency that does not have an Inspector 
General, the agency official comparable to an Inspector General shall 
prepare and submit the annual report, or, if there is no such comparable 
official, the head of the agency shall prepare and submit the annual 
report.
    (c) The annual report shall be submitted at the same time the agency 
submits its annual budget justifications to Congress.
    (d) The annual report shall include the following: All alleged 
violations relating to the agency's covered Federal actions during the 
year covered by the report, the actions taken by the head of the agency 
in the year covered by the report with respect to those alleged 
violations and alleged violations in previous years, and the amounts of 
civil penalties imposed by the agency in the year covered by the report.

        Appendix A to Part 712--Certification Regarding Lobbying

 Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge and 
belief, that:
    (1) No Federal appropriated funds have been paid or will be paid, by 
or on behalf of the undersigned, to any person for influencing or 
attempting to influence an officer or employee of an agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with the awarding of any Federal contract, the 
making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the

[[Page 391]]

extension, continuation, renewal, amendment, or modification of any 
Federal contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Congress, an 
officer or employee of Congress, or an employee of a Member of Congress 
in connection with this Federal contract, grant, loan, or cooperative 
agreement, the undersigned shall complete and submit Standard Form-LLL, 
``Disclosure Form to Report Lobbying,'' in accordance with its 
instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards at 
all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all subrecipients 
shall certify and disclose accordingly.
    This certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required certification shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

            Statement for Loan Guarantees and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with this commitment 
providing for the United States to insure or guarantee a loan, the 
undersigned shall complete and submit Standard Form-LLL, ``Disclosure 
Form to Report Lobbying,'' in accordance with its instructions.
    Submission of this statement is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required statement shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

[[Page 392]]

       APPENDIX B TO PART 712--DISCLOSURE FORM TO REPORT LOBBYING
[GRAPHIC] [TIFF OMITTED] TC13OC91.006


[[Page 393]]

[GRAPHIC] [TIFF OMITTED] TC13OC91.007



[[Page 394]]

[GRAPHIC] [TIFF OMITTED] TC13OC91.008



[[Page 395]]



         CHAPTER IX--FOREIGN SERVICE GRIEVANCE BOARD REGULATIONS




  --------------------------------------------------------------------
Part                                                                Page
901             General.....................................         396
902             Organization................................         398
903             Initiation and documentation of cases.......         398
904             Jurisdiction and preliminary determinations.         400
905             Burden of proof.............................         402
906             Hearings....................................         402
907             Procedure when hearing is not held..........         404
908             Remedies....................................         404
909             Decisionmaking..............................         406
910             Miscellaneous...............................         406
911             Implementation disputes.....................         407

[[Page 396]]





PART 901--GENERAL--Table of Contents




                      Subpart A--Purpose and Scope

Sec.
901.1  Purpose and scope.

          Subpart B--Meanings of Terms as Used in This Chapter

901.10  Act.
901.11  Agency.
901.12  Board.
901.13  Executive secretary.
901.14  Service.
901.15  Exclusive representative.
901.16  Grievant.
901.17  Charged employee.
901.18  Grievance.
901.19  Labor organization.
901.20  Party.
901.21  Record of proceedings.
901.22  Representative.

    Authority: Secs. 610, 1101, 1102, 1105, and 1106 of the Foreign 
Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4131, 4132, 4135, and 
4136), as amended.

    Source: 50 FR 31353, Aug. 2, 1985, unless otherwise noted.



                      Subpart A--Purpose and Scope



Sec. 901.1  Purpose and scope.

    The regulations contained in this chapter establish the internal 
organization of the Foreign Service Grievance Board and prescribe its 
procedures in:
    (a) Determining its jurisdiction in cases involving grievances and 
separation for cause proceedings;
    (b) Compiling a record in such cases;
    (c) Conducting hearings in such cases, when required or deemed 
necessary; and
    (d) Deciding such cases, or otherwise disposing of them, so as to 
ensure the fullest measure of due process for the members of the Foreign 
Service.



          Subpart B--Meanings of Terms As Used in This Chapter



Sec. 901.10   Act.

    Act means the Foreign Service Act of 1980 (Pub. L. 96-465, October 
17, 1980), as amended.

[56 FR 55458, Oct. 28, 1991]



Sec. 901.11  Agency.

    Agency means the Department of State, the Agency for International 
Development, the U.S. Information Agency, the Department of Agriculture, 
or the Department of Commerce, if the Agency employs the individual 
appearing in a case before the Board and/or has control over the act, 
omission, or condition forming the subject matter of such case.



Sec. 901.12  Board.

    Board means the Foreign Service Grievance Board, including any 
designated panel or member thereof.



Sec. 901.13  Executive secretary.

    Executive secretary means the executive secretary of the Board or 
his or her designee.



Sec. 901.14  Service.

    Service means the Foreign Service of the United States.



Sec. 901.15  Exclusive representative.

    Exclusive representative means any labor organization which is 
certified as the exclusive representative of the bargaining unit of 
which the grievant or charged employee is a member.



Sec. 901.16  Grievant.

    Grievant means anyone who has filed a grievance and who is a member 
of the Service and is a citizen of the United States, or for the 
purposes of Sec. 901.18(a)(7) a former member of the Service, or in the 
case of death of the member, the surviving spouse or, if none, another 
member of the family.



Sec. 901.17  Charged employee.

    Charged employee means a member of the Senior Foreign Service or a 
member of the Service assigned to a salary class who has been proposed 
for separation for cause under section 610(a)(2) of the Act.



Sec. 901.18  Grievance.

    (a) Grievance means any act, omission, or condition subject to the 
control of an Agency which is alleged to deprive a member of the Service 
who is a citizen of the United States of a right

[[Page 397]]

or benefit authorized by law or regulation or is otherwise a source of 
concern or dissatisfaction to the member, including but not limited to:
    (1) Complaints against separation of a member allegedly contrary to 
law or regulation or predicated upon alleged inaccuracy, omission, error 
or falsely prejudicial character of information in any part of the 
official personnel record of the member;
    (2) Other alleged violation, misinterpretation or misapplication of 
applicable law, regulation, collective bargaining agreement or published 
post or agency policy affecting the terms and conditions of the 
employment or career status of the member;
    (3) Allegedly wrongful disciplinary action against the member;
    (4) Dissatisfaction with respect to the working environment of the 
member;
    (5) Alleged inaccuracy, omission, error, or falsely prejudicial 
character of information in the official personnel record of the member 
which is or could be prejudicial to the member;
    (6) Action alleged to be in the nature of reprisal or other 
interference with freedom of action in connection with participation by 
a member in a grievance; and
    (7) Alleged denial of an allowance, premium pay or other financial 
benefit to which the member claims entitlement under applicable laws or 
regulations.
    (b) The scope of grievances described above may be modified by 
written agreement between an Agency and its exclusive representative.
    (c) The term grievance does not include:
    (1) Complaints against an individual assignment of a member under 
chapter 5 of the Act, other than an assignment which is alleged to be 
contrary to law or regulation;
    (2) The judgment of a selection board (established under section 602 
of the Act) or a tenure board (established under section 306(b) of the 
Act) or any other equivalent body established by laws or regulations 
which similarly evaluates the performance of members of the Service on a 
comparative basis, including a merit promotion selecting official, 
except that alleged procedural violations of law, regulation or 
collective bargaining agreement or prohibited personnel practice(s) 
arising under these procedures are grievable;
    (3) The expiration of a limited appointment, termination of a 
limited appointment under section 611 of the Act, or the denial of a 
limited career extension or denial of a renewal of a limited career 
extension under section 607(b) of the Act; or
    (4) Pursuant to section 1109 of the Act, any complaint or appeal 
where a specific statutory hearing procedure exists other than 
procedures for considering prohibited personnel practice charges before 
the Merit Systems Protection Board or Special Counsel (5 U.S.C. 1206).
    (5) Non-adoption of a member suggestion or disapproval of a quality 
salary increase, performance award, or any other kind of honorary 
discretionary award, except where such action is alleged to be contrary 
to law, regulation or collective bargaining agreement; and
    (6) The content of published agency policy which is not contrary to 
law, regulation or collective bargaining agreement.
    (d) For the purposes of these regulations, the written complaint 
concerning any act, omission, or condition specified above may be 
referred to as the ``grievance''.

[50 FR 31353, Aug. 2, 1985, as amended at 56 FR 55458, Oct. 28, 1991]



Sec. 901.19  Labor organization.

    Labor organization means any employee organization accorded 
recognition as the exclusive employee representative under section 
1002(11) of the Act. For the Department of State and the Agency for 
International Development (AID), the exclusive employee representative 
is the American Foreign Service Association; for the U.S. Information 
Agency (USIA), the exclusive employee representative is the American 
Federation of Government Employees, Local 1812 (AFL-CIO).



Sec. 901.20  Party.

    Party means--
    (a) The grievant/charged employee;
    (b) The Agency or Agencies employing the grievant/charged employee 
and/

[[Page 398]]

or having control over the act, omission, or condition leading to 
appearance before the Board; or
    (c) The exclusive representative if it has achieved party status 
under Sec. 903.4.

A Party may act through its duly designated representative.

[50 FR 31353, Aug. 2, 1985, as amended at 56 FR 55458, Oct. 28, 1991]



Sec. 901.21  Record of proceedings.

    Record of proceedings means the case file maintained by the Board on 
each grievance case, or separation for cause proceeding.



Sec. 901.22  Representative.

    Representative means the person(s) identified in writing to the 
Board as assisting the party or parties in the presentation of the case.



PART 902--ORGANIZATION--Table of Contents




Sec.
902.1  Chairperson and deputy chairperson.
902.2  Board operations.
902.3  Board staff.

    Authority: Secs. 1105 and 1106 of the Foreign Service Act of 1980, 
Pub. L. 96-465 (22 U.S.C. 4135 and 4136), as amended.



Sec. 902.1  Chairperson and deputy chairperson.

    The chairperson presides over meetings of the Board. The chairperson 
shall select one of the Board members as deputy. In the absence of the 
chairperson, the deputy chairperson, or in his or her absence, another 
member designated by the chairperson, may act for him or her.

[50 FR 31354, Aug. 2, 1985]



Sec. 902.2  Board operations.

    (a) The Board may operate either as a whole, or through panels or 
individual members designated by the chairperson.
    (b) When operating as a whole, the Board may not act in the absence 
of a quorum. A majority of the members shall constitute a quorum. The 
Board will act by a majority vote of those present. Amendments to these 
regulations and Board policies adopted pursuant to Sec. 910.3 shall be 
adopted by the Board operating as a whole.
    (c) Board panels and presiding members of panels shall be designated 
by the chairperson subject only to the provisions of Sec. 906.4.

[50 FR 31354, Aug. 2, 1985, as amended at 56 FR 55459, Oct. 28, 1991]



Sec. 902.3  Board staff.

    The chairperson shall select the Board's executive secretary and 
other staff provided for in the Act. The executive secretary and staff 
shall be responsible only to the Board through the chairperson.

[50 FR 31354, Aug. 2, 1985]



PART 903--INITIATION AND DOCUMENTATION OF CASES--Table of Contents




Sec.
903.1  Initiation of cases.
903.2  Record of proceedings.
903.3  Rulings on materials.
903.4  Participation of exclusive representative.
903.5  Service of documents.
903.6  Interrogatories.
903.7  Acknowledgment.
903.8  Withdrawal.
903.9  Access to records.
903.10  Access to witnesses.

    Authority: Secs. 610, 1104, and 1106-1109 of the Foreign Service Act 
of 1980, Pub. L. 96-465 (22 U.S.C. 4010, 4134, and 4136-4139), as 
amended.

    Source: 50 FR 31354, Aug. 2, 1985, unless otherwise noted.



Sec. 903.1  Initiation of cases.

    (a) Grievances submitted to the Board shall be in writing, and shall 
explain the nature of the grievance, and the remedy sought; shall 
contain all the documentation furnished to the Agency and the Agency's 
final review; and shall be timely filed in accordance with applicable 
regulations.
    (b) A member whose grievance is not resolved satisfactorily under 
Agency procedures, the representative of the grievant, or the exclusive 
representative (on behalf of a grievant who is a member of the 
bargaining unit), shall be entitled to file a grievance with the Board 
no later than 60 days after receiving the Agency decision. In the event 
that an Agency has not provided its decision within 90 days of filing

[[Page 399]]

with the Agency, the grievant, the representative of the grievant, or 
the exclusive representative (on the grievant's behalf) shall be 
entitled to file a grievance with the Board no later than 150 days after 
the date of filing with the Agency. The Board may extend or waive for 
good cause shown the time limits stated in this section, and may permit 
or request the views of the parties with respect to whether good cause 
has been shown for such an extension.
    (c) Separation for cause proceedings against a charged employee 
shall be initiated before the Board by submission of a statement of the 
acts or behavior considered by the Agency to warrant separation.



Sec. 903.2  Record of proceedings.

    Upon receipt of initial documents relating to a case, a record of 
proceedings shall be established, and all material received or obtained 
by the Board in connection with the case shall be placed in it unless 
the Board excludes such material under Sec. 903.3. The parties and the 
exclusive representative, if any, shall have access to the record of 
proceedings. Classified portions of the record of proceedings may be 
reviewed by the parties and the exclusive representative, if any, under 
conditions prescribed by the Board to ensure appropriate security.



Sec. 903.3  Rulings on materials.

    The Board may at any stage of the proceedings exclude materials from 
the record of proceedings at the request of a party or on its own 
initiative, on the grounds that such materials are irrelevant, 
immaterial or unduly repetitive.



Sec. 903.4  Participation of exclusive representative.

    (a) Upon the initiation of a case, the executive secretary shall 
ascertain from the Agency, the grievant/charged employee and any labor 
organization which has been certified as the exclusive representative of 
employees of the Agency, whether the relevant position occupied by the 
grievant/charged employee is part of the bargaining unit for which the 
labor organization is the exclusive representative. If a substantial 
dispute exists as to whether that position is part of the bargaining 
unit, and if the Board determines that resolution of that dispute is 
necessary for determining the status of the labor organization in a 
case, the Board shall notify the parties and the labor organization, who 
may request the Foreign Service Labor Relations Board to make a final 
determination of that dispute. If the Foreign Service Labor Relations 
Board determines that the grievant or charged employee is a member of a 
bargaining unit represented by an exclusive representative, the 
executive secretary shall promptly send a copy of the papers filed with 
the Board to the exclusive representative.
    (b) The exclusive representative has the right to intervene as a 
party to the case if such exclusive representative gives timely notice 
to the Board in writing of its decision to intervene as a party. Notice 
shall be considered to be timely if given prior to or at the prehearing 
conference, or, in a case to be decided under part 907 of this chapter, 
if given within 10 days of receipt of a notice from the Board of the 
Board's intent to close the record of proceedings.
    (c) An exclusive representative which has not intervened under 
paragraph (b) of this section may be permitted to intervene as a party 
upon written application. In ruling upon the application, the Board 
shall consider whether granting the application will unduly delay or 
prejudice the adjudication of the rights of the original parties, and 
may place conditions on the exclusive representative's participation to 
avoid such delay or prejudice.



Sec. 903.5  Service of documents.

    Any party submitting documents to the Board in connection with a 
case shall send a copy to the other parties and to the exclusive 
representative, if any. The Board shall send copies of its 
correspondence concerning the case to the parties and the exclusive 
representative, if any.



Sec. 903.6  Interrogatories.

    Each party shall be entitled to serve interrogatories upon another 
party, and have such interrogatories answered by the other party unless 
the Board finds such interrogatories irrelevant,

[[Page 400]]

immaterial, or unduly repetitive. Parties shall follow procedures 
established by the Board concerning the use of interrogatories.



Sec. 903.7  Acknowledgment.

    Each case received shall be acknowledged in writing by the executive 
secretary of the Board. If in the judgment of the executive secretary 
additional documentation or information is needed, he or she may request 
such materials.



Sec. 903.8  Withdrawal.

    A case may be withdrawn at any time by written notification to the 
Board from the party initiating the case. A case may be determined by 
the Board to have lapsed when the grievant fails to respond in writing 
to two successive written Board inquiries within any deadline fixed for 
such response. The Board may permit the reopening of lapsed cases upon a 
showing of good cause and may permit or request the views of the parties 
as to whether good cause has been shown.



Sec. 903.9  Access to records.

    (a) If a party is denied access to any Agency record prior to or 
during the consideration of a case by the Agency, the party may protest 
such denial before the Board in connection with the case.
    (b) In considering a case, the Board shall have access to any Agency 
record as follows:
    (1) the Board shall request access to any Agency record which the 
grievant/charged employee requests to substantiate his or her grievance 
or defense to a charge if the Board determines that such record may be 
relevant and material to the case.
    (2) the Board may request access to any other Agency record which 
the Board determines may be relevant and material to the case.
    (3) An Agency shall make available to the Board any Agency record 
requested under paragraphs (b)(1) and (2) of this section unless the 
head or deputy head or such Agency personally certifies in writing to 
the Board that disclosure of the record to the Board and the parties 
would adversely affect the foreign policy or national security of the 
United States or that such disclosure is prohibited by law. If such a 
certification is made with respect to any record, the Agency shall 
supply to the Board a summary or extract of such record unless the 
reasons specified in the preceding sentence preclude such a summary or 
extract.
    (c) If the Board determines that an Agency record, or a summary or 
extract of a record, made available to the Board under paragraph (b) of 
this section is relevant and material to the case, the Agency concerned 
shall make such record, summary, or extract, as the case may be, 
available to the parties.
    (d) In considering a case, the Board may take into account the fact 
that the parties or the Board were denied access to any Agency record 
which the Board determines is or may be relevant and material to the 
case.
    (e) The parties in any case decided by the Board shall have access 
to the record of proceedings and the decision of the Board.



Sec. 903.10  Access to witnesses.

    The grievant or grievant's representative, or charged employee or 
his representative, shall be given access to witnesses employed by the 
foreign affairs agencies. In the event that the agency of the grievant 
determines that the requests for access are excessive, it may so notify 
the Board, which shall rule on the relevance and materiality of the 
potential testimony and may order that access be granted to any or all 
of the potential witnesses. It shall be the responsibility of the 
grievant to advise the agency of the agency witnesses to be interviewed 
and to request administrative leave.



PART 904--JURISDICTION AND PRELIMINARY DETERMINATIONS--Table of Contents




Sec.
904.1  General.
904.2  Preliminary determinations.
904.3  Relationship to other remedies.
904.4  Suspension of agency actions.

    Authority: Secs. 1101, 1104, 1108, and 1109 of the Foreign Service 
Act of 1980, Pub. L. 96-465 (22 U.S.C. 4131, 4134, 4138, and 4139), as 
amended.

[[Page 401]]



Sec. 904.1  General.

    The Board's jurisdiction extends to any grievance, and to any 
separation for cause proceeding initiated pursuant to section 610(a)(2) 
of the Act.

[50 FR 31355, Aug. 2, 1985]



Sec. 904.2  Preliminary determinations.

    (a) If an Agency, in its final review, has questioned whether a 
complaint constitutes a grievance, the Board will make a preliminary 
determination of its jurisdiction unless the Board concludes that 
resolution of the question of jurisdiction should be deferred until the 
Board has compiled a record of proceedings or held a hearing on the 
merits of the case.
    (b) The Board may also make a preliminary determination on any 
question raised by a Party concerning the timeliness of a grievance, the 
election of other remedies under Sec. 904.3, or any other issue whose 
resolution might avoid the necessity of further proceedings.
    (c) Before making a preliminary determination under this section, 
the Board shall obtain the views of the other parties and transmit those 
views to all parties.
    (d) Where an issue presented for preliminary determination under 
this section is contested by a party or would result in the termination 
of a case, a panel of three members of the Board shall decide the issue.

[50 FR 31355, Aug. 2, 1985, as amended at 56 FR 55459, Oct. 28, 1991]



Sec. 904.3  Relationship to other remedies.

    (a) A grievant may not file a grievance with the Board if the 
grievant has formally requested, prior to filing a grievance, that the 
matter or matters which are the basis of the grievance be considered or 
resolved and relief provided under another provision of law, regulation, 
or executive order, and the matter has been carried to final decision 
under such provision on its merits or is still under consideration. This 
provision shall not apply to grievants who have filed a prohibited 
personnel practice charge before the Special Counsel for the Merit 
Systems Protection Board.
    (b) If a grievant is not prohibited from filing a grievance under 
paragraph (a) of this section, the grievant may file with the Board a 
grievance which is also eligible for consideration, resolution, and 
relief as a prohibited personnel practice complaint under the provisions 
of law relating to the Merit Systems Protection Board or Special 
Counsel, or under a regulation or executive order. An election of 
remedies under this section shall be final upon the acceptance of 
jurisdiction by the Board.

[50 FR 31355, Aug. 2, 1985]



Sec. 904.4   Suspension of agency actions.

    (a) If the Board determines that the agency is considering 
involuntary separation of the Grievant, disciplinary action against the 
Grievant, or recovery from the Grievant of alleged overpayment of 
salary, expenses, or allowances, which is related to a grievance pending 
before the Board, and that such action should be suspended, the agency 
shall suspend such action until the Board has ruled on the grievance. 
Notwithstanding such suspension of action, the head of the agency 
concerned or a chief of mission or principal officer may exclude the 
Grievant from official premises or from the performance of specified 
functions when such exclusion is determined in writing to be essential 
to the functioning of the post or office to which the Grievant is 
assigned.
    (b) Notwithstanding paragraph (a) of this section, the Board shall 
not determine that action to suspend without pay a Grievant shall be 
suspended if the head of an agency or his designee has determined that 
there is reasonable cause to believe that a Grievant has committed a 
job-related crime for which a sentence of imprisonment may be imposed 
and has taken action to suspend the Grievant without pay pending a final 
resolution of the underlying matter. For this purpose, reasonable cause 
to believe that a member has committed a crime for which a sentence of 
imprisonment may be imposed shall be defined as a member of the Service 
having been convicted of, and sentence of imprisonment having been 
imposed for a job-related crime.

[[Page 402]]

    (c) The Board shall expedite its decisions on requested suspensions 
of proposed Agency actions. The Board may permit or require argument 
with respect to such requests by the Parties and Exclusive 
Representative, if any.

[56 FR 55459, Oct. 28, 1991]



PART 905--BURDEN OF PROOF--Table of Contents




Sec.
905.1  Grievances other than disciplinary actions.
905.2  Disciplinary grievances.
905.3  Separation for cause.

    Authority: Secs. 610 and 1106 of the Foreign Service Act of 1980, 
Pub. L. 96-465 (22 U.S.C. 4010 and 4136), as amended.



Sec. 905.1  Grievances other than disciplinary actions.

    (a) In all grievances other than those concerning disciplinary 
actions, the grievant has the burden of establishing, by a preponderance 
of the evidence, that the grievance is meritorious.
    (b) Where a grievant establishes that an evaluation contained 
falsely prejudicial material which may have been a substantial factor in 
an agency action, and the question is presented whether the agency would 
have taken the same action had the evaluation not contained that 
material, the burden will shift to the agency to establish, by a 
preponderance of the evidence, that it would have done so.
    (c) Where a grievant establishes that a procedural error occurred 
which is of such a nature that it may have been a substantial factor in 
an agency action with respect to the grievant, and the question is 
presented whether the agency would have taken the same action had the 
procedural error not occurred, the burden will shift to the agency to 
establish, by a preponderance of the evidence, that it would have done 
so.

[50 FR 31356, Aug. 2, 1985]



Sec. 905.2   Disciplinary grievances.

    In grievances over disciplinary actions, the agency has the burden 
of establishing by a preponderance of the evidence that the disciplinary 
action was justified, provided, however, that in a grievance concerning 
suspension without pay pursuant to section 610(a)(3) of the Act, the 
Board's determination of the grievance shall be limited to:
    (a) Whether the required procedures have been followed; and
    (b) Whether there exists reasonable cause to believe a crime has 
been committed for which a sentence of imprisonment may be imposed and 
there is a nexus between the conduct and the efficiency of the Service.
    For this purpose, reasonable cause to believe that a member has 
committed a crime for which a sentence of imprisonment may be imposed 
shall be defined as a member of the Service having been convicted of, 
and sentence of imprisonment having been imposed for, a job-related 
crime.

[56 FR 55459, Oct. 28, 1991]



Sec. 905.3  Separation for cause.

    In separation for cause cases, the agency has the burden of 
establishing, by a preponderance of the evidence, that the proposed 
separation is for such cause as will promote the efficiency of the 
service.

[50 FR 31356, Aug. 2, 1985]



PART 906--HEARINGS--Table of Contents




Sec.
906.1  Decision whether to hold a hearing.
906.2  Mandatory hearing.
906.3  Notification.
906.4  Hearing panels and members.
906.5  Prehearing conferences.
906.6  Powers of presiding member.
906.7  Conduct of hearing.
906.8  Witnesses.
906.9  Failure of party to appear.

    Authority: Secs. 610 and 1106 of the Foreign Service Act of 1980, 
Pub. L. 96-465 (22 U.S.C. 4010 and 4136), as amended.

    Source: 50 FR 31356, Aug. 2, 1985, unless otherwise noted.



Sec. 906.1  Decision whether to hold a hearing.

    After deciding either to accept jurisdiction over a grievance or to 
postpone decision of that question under Sec. 904.2(a) of this chapter, 
the Board will make an initial determination of whether a hearing shall 
be held in accordance with part 906 of this chapter,

[[Page 403]]

or whether the grievance shall be resolved without a hearing in 
accordance with part 907 of this chapter. The Board may reconsider its 
decision as to holding a hearing upon the written request of any party 
or on its own initiative.



Sec. 906.2  Mandatory hearing.

    The Board shall conduct a hearing--(a) At the request of the 
grievant in any case which involves disciplinary action or a grievant's 
retirement from the Service for expiration of time-in-class or based on 
relative performance, or (b) In any case which in the judgment of the 
Board can best be resolved by a hearing or presentation of oral 
argument. The Board shall also conduct a hearing in separation for cause 
proceedings unless the charged employee waives in writing his or her 
right to such hearing.



Sec. 906.3  Notification.

    When the Board orders a hearing, the executive secretary shall so 
notify the parties in writing. The parties shall be given reasonable 
notice of the date and place selected by the Board for the hearing.



Sec. 906.4  Hearing panels and members.

    Unless the Board and the parties agree otherwise, all hearings shall 
be held before a panel of at least three members.



Sec. 906.5  Prehearing conferences.

    (a) The Board may in its discretion order a prehearing conference of 
the parties (which may be presided over by any member) for the purpose 
of considering:
    (1) Simplification or clarification of the issues;
    (2) Serving of interrogatories;
    (3) Stipulations, admissions, agreements on documents, matters 
already on record, or similar agreements which will avoid the necessity 
of proving facts or issues not in dispute;
    (4) Identification of witnesses the parties may wish to call and the 
intended scope of their testimony; limitation on the number of 
witnesses; and arrangement for the appearance of witnesses;
    (5) Avoidance of irrelevant, immaterial, or unduly repetitive 
testimony;
    (6) The possibility of disposition of the case through agreement;
    (7) The order of presentation at the hearing and the allocation of 
the burden of proof; and
    (8) Such other matters as may aid in the disposition of the case.
    (b) The parties authorized to attend the hearing may attend the 
prehearing conference.
    (c) The results of the conference shall be summarized in writing by 
the Board and made a part of the record of proceedings. Copies of the 
summary shall be sent to the parties. The parties may submit comments or 
corrections on the summary.



Sec. 906.6  Powers of presiding member.

    In connection with the hearing, the presiding member shall, as 
appropriate:
    (a) Fix the time and place of the hearing;
    (b) Order further conferences;
    (c) Regulate the course of the hearing;
    (d) Administer oaths and affirmations;
    (e) Dispose of procedural requests and similar matters;
    (f) Rule on admissibility of testimony and exhibits;
    (g) Exclude any person from the hearing for behavior that obstructs 
the hearing;
    (h) Authorize and set the time for the filing of briefs or other 
documents;
    (i) Grant continuances and extensions of time;
    (j) Reopen the record;
    (k) Take any other action in the course of the proceedings 
consistent with the purpose of this part.



Sec. 906.7  Conduct of hearing.

    (a) Authorized attendance. The parties and, as determined by the 
Board, a reasonable number of representatives of the parties are 
entitled to be present at the hearing. The Board may, after considering 
the views of the parties and of any other individuals connected with the 
grievance, decide that a hearing should be open to others. No person 
shall be permitted to attend the hearing when classified material is 
being discussed unless that person possesses the appropriate security 
clearance.

[[Page 404]]

    (b) Procedure. Hearings shall be conducted by the presiding member 
so as to assure a full and fair proceeding. The Board shall not be 
limited by the legal rules of evidence. However, the presiding member 
shall exclude irrelevant, immaterial, or unduly repetitive evidence. The 
Board may require the parties to designate one of their representatives 
as principal spokesperson.
    (c) Order of presentation. In cases involving disciplinary action, 
including separation for cause cases, the Agency will ordinarily present 
its case first and will retain that order of precedence throughout the 
hearing. In other cases the grievant will ordinarily present his or her 
case first and will retain that order of precedence throughout the 
hearing.
    (d) Evidence. Subject to the presiding member's rulings on the 
relevancy, materiality, and repetitious nature of evidence, the parties 
may offer such evidence, including interrogatories, depositions and 
Agency records as they desire. The shall produce such additional 
evidence as the presiding member shall consider relevant and material. 
Where deemed appropriate by the Board, the parties may be supplied only 
with a summary or extract of classified material (also see Sec. 903.9 of 
this chapter).
    (e) Testimony. Testimony at a hearing shall be given under oath or 
affirmation.
    (f) Transcript. A verbatim transcript shall be made of any hearing 
and shall be part of the record of proceedings.



Sec. 906.8  Witnesses.

    (a) General. Each party shall be entitled to examine and cross-
examine witnesses at the hearing or by deposition. A party wishing to 
take the deposition of a witness shall give the other parties reasonable 
notice of the time and place of the deposition and of the identity of 
the witness.
    (b) Availability. Upon request of the Board or upon request of the 
grievant/charged employee deemed relevant and material by the Board, an 
Agency shall promptly make available at the hearing or by deposition any 
witness under its control, supervision or responsibility. If the Board 
determines that the actual presence of such witness at the hearing is 
required for just resolution of the case, the witness shall be made 
available at the hearing, with necessary costs and travel expenses paid 
by the Agency which is a party to the hearing.
    (c) Notice. The parties are responsible for notifying their 
witnesses and for arranging for their appearance at the time and place 
set for the hearing. The Board may preclude a witness from testifying 
because of the failure of the party responsible for witness' appearance 
to comply with this section.



Sec. 906.9  Failure of party to appear.

    The hearing may proceed in the absence of any party who, after due 
notice and without good cause, fails to be present or obtain an 
adjournment.



PART 907--PROCEDURE WHEN HEARING IS NOT HELD--Table of Contents




    Authority: Sec. 1106 of the Foreign Service Act of 1980, Pub. L. 96-
465 (22 U.S.C. 4136), as amended.



Sec. 907.1  General.

    (a) In a case in which a hearing is not required under Sec. 906.1 of 
this chapter, the Board may request in writing that specified documents 
or other evidence be furnished to it and/or may authorize the executive 
secretary to obtain such additional documents or other evidence as may 
be necessary to understand and decide the case.
    (b) Each party will be offered the opportunity to review and to 
supplement, by written submissions, the record of proceedings, prior to 
the date fixed by the Board for closing of the Record. The Board shall 
then consider the case and make a decision based on that Record. This 
may include the ordering of a hearing in accordance with part 906.

[50 FR 31357, Aug. 2, 1985]



PART 908--REMEDIES--Table of Contents




Sec.
908.1  Board orders.
908.2  Attorney fees.
908.3  Board recommendations.

    Authority: Secs. 1106 and 1107 of the Foreign Service Act of 1980, 
Pub. L. 96-465 (22 U.S.C. 610, 4010, 4136, and 4137).

[[Page 405]]



Sec. 908.1  Board orders.

    If the Board finds that a grievance is meritorious, the Board shall 
have the authority to direct the Agency:
    (a) To correct any official personnel record relating to the 
grievant which the Board finds to be inaccurate or erroneous, to have an 
omission, or to contain information of a falsely prejudicial character;
    (b) To reverse a decision denying the grievant compensation or any 
other perquisite of employment authorized by laws or regulations when 
the Board finds that such decision was arbitrary, capricious, or 
contrary to laws or regulations;
    (c) To retain in the Service a member whose separation would be in 
consequence of the matter by which the member is aggrieved;
    (d) To reinstate the grievant, and to grant the grievant back pay, 
where it is established that the separation or suspension without pay of 
the employee was unjustified or unwarranted under the Back Pay Act (5 
U.S.C. 5596(b)(1));
    (e) To take any corrective action deemed appropriate by the Board 
provided it is not contrary to law or collective bargaining agreement.

[50 FR 31357, Aug. 2, 1985, as amended at 56 FR 55459, Oct. 28, 1991]



Sec. 908.2  Attorney fees.

    (a) If the Board finds that a grievance is meritorious or that an 
Agency has not established the cause for separation of a charged 
employee in a hearing before the Board pursuant to section 610 of the 
Act, the Board shall have the authority to direct the Agency to pay 
reasonable attorney fees to the same extent and in the same manner as 
such fees may be required by the Merit Systems Protection Board under 5 
U.S.C. 7701(g).
    (b) Requests for attorney fees, accompanied by supporting 
documentation, must be filed with the Board within thirty (30) days of 
the date of the Board's decision.

[56 FR 55459, Oct. 28, 1991]



Sec. 908.3  Board recommendations.

    (a) If the Board finds that the grievance is meritorious and that 
remedial action should be taken that relates directly to promotion, 
tenure, or assignment of the Grievant or to other remedial action not 
otherwise provided for in this section, or if the Board finds that the 
evidence in a grievance proceeding warrants disciplinary action against 
any employee of an Agency, it shall make an appropriate recommendation 
to the head of the concerned Agency.
    (b) The head of the Agency shall make a written decision on the 
recommendation of the Board within 30 days after receiving the 
recommendation and shall implement the recommendation of the Board 
except to the extent that the head of the Agency rejects the 
recommendation in whole or in part on the basis of a determination that 
implementation of the recommendation would be contrary to law or would 
adversely affect the foreign policy or national security of the United 
States. If the head of the Agency rejects the recommendation in whole or 
in part, the decision shall specify the reasons for such action. Copies 
of the decision shall be served on the other parties. Pending the 
decision of the head of the Agency, there shall be no ex parte 
communication concerning the grievance between the head of the Agency 
and any person involved in the proceedings of the Board. The head of the 
Agency shall, however, have access to the entire Record of the 
Proceedings of the Board.
    (c) A recommendation under this section shall, for the purposes of 
section 1110 of the Act, be considered a final action upon the 
expiration of a 30-day period referred to in paragraph (b) of this 
section, except to the extent that it is rejected by the head of the 
Agency by an appropriate written decision.
    (d)(1) If the head of the Agency makes a written decision under 
paragraph (b) of this section rejecting a recommendation in whole or in 
part on the basis of a determination that implementing such 
recommendation would be contrary to law, the head of the Agency shall, 
within the 30-day period referred to in paragraph (b) of this section:
    (i) Submit a copy of such decision to the Board; and

[[Page 406]]

    (ii) Request that the Board reconsider its recommendation or, if 
less than the entirety is rejected, that the Board reconsider the 
portion rejected.
    (2) Within 30 days after receiving such a request, the Board shall, 
after reviewing the head of the Agency's decision, make a recommendation 
to the head of the agency confirming, modifying, or vacating its 
original recommendation or, if less than the entirety was rejected, the 
portion involved. Reconsideration shall be limited to the question of 
whether implementing the Board's original recommendation, either in 
whole or in part, as applicable, would be contrary to law.
    (e) A Board recommendation made under the preceding paragraph (d)(2) 
of this section shall be considered a final action for the purpose of 
section 1110 of the Act, and shall be implemented by the head of the 
Agency.
    (f) The provisions of paragraphs (c), (d), and (e) of this section 
shall not apply with respect to any grievance in which the Board has 
issued a final decision pursuant to section 1107 of the Act before 
December 22, 1987.

[50 FR 31357, Aug. 2, 1985. Redesignated and amended at 56 FR 55459, 
Oct. 28, 1991]



PART 909--DECISIONMAKING--Table of Contents




Sec.
909.1  Basis.
909.2  Board order.
909.3  Board recommendation.
909.4  Other decision.
909.5  Time limits for compliance.
909.6  Summaries of Board decisions.

    Authority: Secs. 1106 and 1107, Foreign Service Act of 1980 (Pub. L. 
96-465; 22 U.S.C. 4136 and 4137).

    Source: 50 FR 31358, Aug. 2, 1985, unless otherwise noted.



Sec. 909.1  Basis.

    Decisions of the Board shall be based upon the record of 
proceedings, shall be in writing, shall include findings of fact, and 
shall include a statement of the reasons for the decision.



Sec. 909.2  Board order.

    Where the Board's decision imposes action on an Agency the decision 
shall be in the form of a remedial order addressed to the designated 
official of the Agency. A copy of the decision shall be supplied to each 
party.



Sec. 909.3  Board recommendation.

    Where the Board's decision is a recommendation, it shall be directed 
to the head of the Agency. A copy of the decision shall be supplied to 
each party.



Sec. 909.4  Other decision.

    Where the Board's decision requires no action by an Agency, the 
decision shall be forwarded to the grievant. A copy of the decision 
shall be supplied to each party.



Sec. 909.5  Time limits for compliance.

    Orders of the Board and recommendations which are not rejected in 
accordance with Sec. 908.2 of this chapter shall be complied with within 
any time limits for compliance established by the Board's decision, 
unless the Board extends the time limit on a showing of good cause.



Sec. 909.6  Summaries of Board decisions.

    The Board may, from time to time, issue such summaries and 
expurgated versions of its decisions as it may consider necessary to 
permit the Agencies, the exclusive representative organization(s), and 
the members of the Service to become aware of the general nature of the 
cases it has received and their manner of disposition, without invading 
the privacy of the grievants.



PART 910--MISCELLANEOUS--Table of Contents




Sec.
910.1  Requests to reopen cases.
910.2  Ex parte communications.
910.3  Board policy statements.
910.4  Confidentiality; Record of grievances awarded.
910.5  Judicial review.
910.6  Pending grievances.

    Authority: Secs. 1106, 1107, 1110, and 2401 of the Foreign Service 
Act of 1980, Pub. L. 96-465 (22 U.S.C. 4136, 4137, 4140, and 4172).



Sec. 910.1  Requests to reopen cases.

    The Board may reconsider any decision upon the presentation of newly

[[Page 407]]

discovered or previously unavailable material evidence.

[50 FR 31358, Aug. 2, 1985. Redesignated at 56 FR 55460, Oct. 28, 1991]



Sec. 910.2  Ex parte communications.

    (a) ``Ex parte communications'' are oral or written communications 
between the Board or its staff and an interested party to a proceeding 
which are made without providing the other parties a chance to 
participate.
    (b) Ex parte communications concerning the merits of any matter 
which has or may come before the Board for adjudication or which would 
otherwise contravene the rules regarding written submissions are 
prohibited until the Board renders a final decision. Any communication 
made in contravention of this rule shall be made a part of the record 
and an opportunty for rebuttal allowed. If the communication was oral, a 
memorandum stating the substance of the discussion shall be placed in 
the record.
    (c) This rule does not apply to communications concerning such 
matters as the status of a case, the methods for transmitting evidence 
to the Board, and other procedural matters which do not concern the 
merits of any matter before the Board for adjudication and which do not 
otherwise contravene the rules regarding written submissions.

[50 FR 31358, Aug. 2, 1985. Redesignated at 56 FR 55460, Oct. 28, 1991]



Sec. 910.3  Board policy statements.

    The Board may publish statements regarding policies it has 
established as to its operations and procedures.

[50 FR 31358, Aug. 2, 1985. Redesignated at 56 FR 55460, Oct. 28, 1991]



Sec. 910.4  Confidentiality; Record of grievances awarded.

    (a) To the maximum extent practicable, the Board will make every 
effort to preserve the confidentiality of the identity of the grievant 
or charged employee.
    (b) The records of the Board shall be maintained by the Board under 
appropriate safeguards to preserve confidentiality and shall be separate 
from all records of the Agencies; provided, however, that records of all 
grievances awarded in favor of the Grievant in which the grievance 
concerns gross misconduct by a supervisor shall be separately maintained 
by the Board and the procedures regarding confidentiality and disclosure 
of such records shall be as provided in section 1107(e) of the Foreign 
Service Act of 1980, as amended; and provided further, that the Board 
shall not make a finding of gross misconduct without first providing the 
supervisor whose conduct is at issue notice and an opportunity to 
respond.

[50 FR 31358, Aug. 2, 1985. Redesignated and amended at 56 FR 55460, 
Oct. 28, 1991]



Sec. 910.5  Judicial review.

    Any aggrieved party may obtain judicial review of a final action of 
an Agency head or the Board on any grievance in the district courts of 
the United States in accordance with the standards set forth in chapter 
7 of title 5 of the United States Code. 5 U.S.C. 706 shall apply without 
limitation or exception.

[50 FR 31358, Aug. 2, 1985. Redesignated at 56 FR 55460, Oct. 28, 1991]



Sec. 910.6  Pending grievances.

    Any grievance pending before the Board prior to February 15, 1981 
shall be resolved under the provisions of the Foreign Service Act of 
1946 as amended, and the regulations promulgated thereunder.

[50 FR 31358, Aug. 2, 1985. Redesignated at 56 FR 55460, Oct. 28, 1991]



PART 911--IMPLEMENTATION DISPUTES--Table of Contents




Sec.
911.1  Definition.
911.2  Filing complaint.
911.3  Procedure.
911.4  Effect of Board decision.
911.5  Arbitrability of determination.
911.6  Finality of choice.
911.7  Review.

    Authority: Sec. 1014 of the Foreign Service Act of 1980, Pub. L. 96-
465 (22 U.S.C. 4114), as amended.

    Source: 50 FR 31359, Aug. 2, 1985, unless otherwise noted.

[[Page 408]]



Sec. 911.1  Definition.

    An implementation dispute is any dispute between the agency and the 
exclusive representative, as provided in regulations adopted as a result 
of collective bargaining between the agencies and the employee 
representatives. Such a dispute, also referred to as an institutional 
dispute, is one which directly concerns the rights and obligations of an 
agency and an exclusive representative toward each other or the rights 
or obligations between an agency and one or more employees as set forth 
in a collective bargaining agreement.



Sec. 911.2  Filing complaint.

    If the dispute is not satisfactorily resolved at the agency level, 
the moving party may file a complaint within 45 calendar days from the 
date of the response (or in any case must file within 90 days of filing 
the implementation dispute) with the Board in writing and with 
specificity as to the nature of the violation.



Sec. 911.3  Procedure.

    Implementation disputes shall be handled by the Board in accordance 
with the procedures set forth in parts 901--910 of this chapter.



Sec. 911.4  Effect of Board decision.

    The action of the Board shall be final and binding and shall be 
implemented by the parties, unless an exception is filed with the 
Foreign Service Labor Relations Board within 30 days after receipt of 
the Grievance Board action.



Sec. 911.5  Arbitrability of determination.

    Questions that cannot be resolved by the parties as to whether a 
complaint is subject to this procedure may be referred by either party 
to the Grievance Board for a threshold determination.



Sec. 911.6  Finality of choice.

    An alleged violation of an institutional right as reflected in a 
collective bargaining agreement may be filed under these procedures or 
as an unfair labor practice, but not both.



Sec. 911.7  Review.

    Resolution of disputes under this section shall not be subject to 
judicial review.

[[Page 409]]



                 CHAPTER X--INTER-AMERICAN FOUNDATION




  --------------------------------------------------------------------
Part                                                                Page
1001            Employee responsibilities and conduct.......         410
1002            Availability of records.....................         410
1003            Rules safeguarding personal information in 
                    IAF records.............................         412
1004            Rules for implementing open meetings within 
                    the Inter-American Foundation...........         418
1005            Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the Inter-
                    American Foundation.....................         420
1006            Governmentwide debarment and suspension 
                    (nonprocurement) and governmentwide 
                    requirements for drug-free workplace 
                    (grants)................................         427
1007            Salary offset...............................         445

[[Page 410]]



PART 1001--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents




    Authority: 5 U.S.C. 7301.



Sec. 1001.1  Cross-references to employee ethical conduct standards and financial disclosure regulations.

    Directors and other employees of the Inter-American Foundation 
should refer to the Standards of Ethical Conduct for Employees of the 
Executive Branch at 5 CFR part 2635, the Inter-American Foundation 
regulations at 5 CFR part 7301 which supplement the executive branch 
standards, and the executive branch financial disclosure regulations at 
5 CFR part 2634.

[59 FR 3772, Jan. 27, 1994]



PART 1002--AVAILABILITY OF RECORDS--Table of Contents




Sec.
1002.1  Introduction.
1002.2  Definitions.
1002.3  Access to Foundation records.
1002.4  Written requests.
1002.5  Records available at the Foundation.
1002.6  Records of other Departments and Agencies.
1002.7  Fees.
1002.8  Exemptions.
1002.9  Denial of records; review.

    Authority: 5 U.S.C. 552, and 31 U.S.C. 483(a).

    Source: 37 FR 8375, Apr. 26, 1972, unless otherwise noted.



Sec. 1002.1  Introduction.

    (a) It is the policy of the Inter-American Foundation that 
information about its operations, procedures, and records be freely 
available to the public in accordance with the provisions of the Freedom 
of Information Act.
    (b) The Foundation will make the fullest possible disclosure of its 
information and identifiable records consistent with the provisions of 
this Act and the regulations in this part.



Sec. 1002.2  Definitions.

    As used in this part, the following words have the meaning set forth 
below:
    Act. ``Act'' means the Act of June 5, 1967, sometimes referred to as 
the ``Freedom of Information Act'' or the Public Information Section of 
the Administrative Procedure Act, as amended, Pub. L. 90-23, 81 Stat. 
54, and codified at 5 U.S.C. 552.
    Foundation. ``Foundation'' means the Inter-American Foundation.
    President. ``President'' means the President of the Foundation.
    Records. The word ``records'' includes all books, papers, or other 
documentary materials made or received by the Foundation in connection 
with the transaction of its business which have been preserved or are 
appropriate for preservation by the Foundation as evidence of the 
organization, functions, policies, decisions, procedures, operations, or 
other activities, or because of the informational value of data 
contained therein. Library or other material acquired and preserved 
solely for reference or exhibition purposes, and stocks of publications 
and processed documents are not included within the definition of the 
word ``records.''



Sec. 1002.3  Access to Foundation records.

    Any person desiring to have access to Foundation records should call 
or apply in person between the hours of 10 a.m. and 4 p.m. on weekdays 
(holidays excluded) at the Foundation offices at 1515 Wilson Boulevard, 
Arlington, VA 22209. Requests for access should be made to the Director, 
Administration and Finance Division (A&F Director) at the Foundation 
offices. If request is made for copies of any record, the Office of A&F 
will assist the person making such request in seeing that such copies 
are provided according to the rules in this part.



Sec. 1002.4  Written requests.

    In order to facilitate the processing of written requests, every 
petitioner should:
    (a) Address his request to:
Director, Administration and Finance Division, Inter-American 
Foundation, Fifth Floor, 1515 Wilson Boulevard, Arlington, VA 22209.

    (b) Identify the desired record by name or brief description, or 
number, and date, as applicable. The identification should be specific 
enough so that a record can be readily identified and found;

[[Page 411]]

    (c) Include a check or money order to the order of the ``Inter-
American Foundation'' covering the appropriate search and copying fees, 
or request a determination of fee;
    (d) Allow a reasonable amount of time for reply. Furnishing the 
requested information will involve search and retrieval of records, 
copying and mailing;
    (e) Blanket requests or requests for ``the entire file of'' or ``all 
matters relating to'' a specified subject will not be accepted.



Sec. 1002.5  Records available at the Foundation.

    The Administration and Finance Division will make available, to the 
extent not authorized to be withheld, the following works or classes of 
information:
    (a) A copy of Agency regulations, including a copy of title 22 of 
the Code of Federal Regulations, or of any other title of the Code in 
which Agency regulations may have been published;
    (b) Final unclassified reports;
    (c) Copies of grants, loans, or other agreements in force;
    (d) Personnel information affecting the public;
    (e) Procurement information affecting the public;
    (f) Contracts;
    (g) Reimbursable agreements with other agencies.



Sec. 1002.6  Records of other Departments and Agencies.

    Requests for records that have been originated by or are primarily 
the concern of another U.S. Department or Agency will be forwarded to 
the particular Department of Agency involved, and the petitioner 
notified. In response to requests for records or publications published 
by the Government Printing Office or other Government printing activity, 
the Foundation will refer the petitioner to the appropriate sales office 
and refund any fee payments therefor which accompany the request.



Sec. 1002.7  Fees.

    Except as otherwise specifically provided by the Foundation, a fee 
will be levied for all searches for, or copies of, records. These fees 
will be computed so as to recover the full cost of searching and 
copying.
    (a) Advance payment and deposits. When the amount of a fee can be 
readily computed (as, for example, when a specified number of copy pages 
are requested) advance payment will be required. When the amount cannot 
be readily computed (as, for example, when an unknown amount of 
stafftime must be used in complying with a request), the A&F Director 
may require payment of a reasonable deposit before undertaking to 
collect the requested records. At the earliest practicable time, the A&F 
Director will determine the full amount of the fee and, before complying 
fully with the request, will require payment of any balance due or 
refund any overpayment.
    (b) Schedule of fees. The following fees apply for services rendered 
to the public:

(1) Searching for records and collateral assistance, per hour or        
 fraction thereof...............................................   $5.00
(2) Making copies (Xerox or comparable) per page................    0.40
                                                                        

Should a situation arise which is not covered by the above schedule, the 
fee to be charged will include all direct and indirect costs of the 
service, including but not limited to materials, labor, and the like. 
The amount of the fee including charges, if any, for records printed by 
contractors or grantees will be determined by the A&F Director.
    (c) Revision of schedule. The fee schedule will be revised from time 
to time, without notice, to assure recovery of the cost of rendering 
information services to any person. The revised schedule will be 
available without charge.



Sec. 1002.8  Exemptions.

    The Act authorizes exemption from disclosure of records and 
information concerning matters that are:
    (a) Specifically required by Executive order to be exempt from 
disclosure in the interest of the national defense or foreign policy;
    (b) Related solely to the internal personnel rules and practices by 
the Foundation;
    (c) Specifically exempted from disclosure by statute;
    (d) Trade secrets and commercial or financial information obtained 
from

[[Page 412]]

any person which is privileged or confidential;
    (e) Interagency or intra-agency memoranda or letters which would not 
be available by law to a private party in litigation with the 
Foundation;
    (f) Personnel and medical files and similar files the disclosure of 
which would constitute an unwarranted invasion of personal privacy;
    (g) Investigatory files (including security investigation files and 
files concerning the conduct of employees) compiled for law enforcement 
purposes except to the extent available by law to a private party.

The Foundation will not honor requests for exempt records or 
information.



Sec. 1002.9  Denial of records; review.

    If a request for records is denied, the person who made the request 
is entitled to have the denial reviewed by the Foundation President as 
promptly as circumstances permit. If the President determines that the 
withholding is improper, he will direct in writing that the requested 
records be made available in accordance with these regulations. If he 
determines that the withholding is proper, he will so notify such person 
in writing, and his determination will constitute the final Foundation 
decision.



PART 1003--RULES SAFEGUARDING PERSONAL INFORMATION IN IAF RECORDS--Table of Contents




Sec.
1003.1  General policies, conditions of disclosure, accounting of 
          certain disclosures, and definitions.
1003.2  Definitions.
1003.3  Access to records.
1003.4  Inter-American Foundation system of records requirements.
1003.5  Access to personal information from Inter-American Foundation 
          records.
1003.6  Administrative review.
1003.7  Judicial review.
1003.8  Exemptions.
1003.9  Mailing lists.
1003.10  Reports.

    Authority: 5 U.S.C. 552a.

    Source: 41 FR 19211, May 11, 1976, unless otherwise noted.



Sec. 1003.1  General policies, conditions of disclosure, accounting of certain disclosures, and definitions.

    (a) The Inter-American Foundation will safeguard an individual 
against an invasion of personal privacy. Except as otherwise provided by 
law or regulation its officials and employees will:
    (1) Permit an individual to determine what records pertaining to him 
or her will be collected, maintained, used, or disseminated by the 
Inter-American Foundation.
    (2) Permit an individual to prevent records pertaining to him or 
her, obtained by the Inter-American Foundation for a particular purpose, 
from being used or made available for another purpose without his or her 
consent.
    (3) Permit an individual to gain access to information pertaining to 
him or her in the Inter-American Foundation records, to have a copy made 
of all or any portion thereof, and to correct or amend such records.
    (4) Collect, maintain, use or disseminate any record of identifiable 
personal information in a manner that assures that such action is for a 
necessary and lawful purpose, that the information is correct and 
accurate for its intended use, and that adequate safeguards are provided 
to prevent misuse of such information.
    (5) Permit exemptions from records requirements provided in 5 U.S.C. 
552a only where an important public policy need for such exemption has 
been determined pursuant to specific statutory authority.
    (b) The Inter-American Foundation will not disclose any record 
contained in a system of records by any means of communication to any 
person or any other agency except by written request of or prior written 
consent of the individual to whom the record pertains unless such 
disclosure is:
    (1) To those officers and employees of the agency which maintains 
the record and who have a need for the record in the performance of 
their duties;
    (2) Required under 5 U.S.C. 552;
    (3) For a routine use of the record compatible with the purpose for 
which it was collected;
    (4) To the Bureau of the Census for purposes of planning or carrying 
out a

[[Page 413]]

census or survey or related activity pursuant to title 13, United States 
Code;
    (5) To a recipient who has provided the Inter-American Foundation 
with advance adequate written assurance that the record will be used 
solely as a statistical research or reporting record, and the record is 
to be transferred in a form that is not individually identifiable;
    (6) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the U.S. Government, or for evaluation by the 
Administrator of General Services or designee to determine whether the 
record has such value;
    (7) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authority 
by law, and if the head of the agency or instrumentality has made a 
written request to the Inter-American foundation specifying the 
particular portion desired and the law enforcement activity for which 
the record is sought;
    (8) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (9) To either House of Congress, or, to the extent of matter within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
    (10) To the Comptroller General, or any authorized representatives 
in the course of the performance of the duties of the General Accounting 
Office; or
    (11) Pursuant to the order of a court of competent jurisdiction.
    (c) With respect to each system of records (i.e., a group of records 
from which information is retrieved by the name of the individual or by 
some identifying number, symbol, or other identifying particular 
assigned to the individual) under Inter-American foundation control the 
Inter-American Foundation will (except for disclosures made under 
paragraph (b) (1) or (2) of this section) keep an accurate accounting as 
follows:
    (1) For each disclosure of a record to any person or to another 
agency made under paragraph (b) of this section, maintain information 
consisting of the date, nature, and purpose of each disclosure, and the 
name and address of the person or agency to whom the disclosure is made;
    (2) Retain the accounting made under paragraph (c)(1) of this 
section for at least 5 years or the life of the record, whichever is 
longer, after the disclosures for which the accounting is made;
    (3) Except for disclosures made under paragraph (b)(7) of this 
section, make the accounting under paragraph (c)(1) of this section 
available to the individual named in the record at his or her request; 
and
    (4) Inform any person or other agency about any correction or 
notation of dispute made by the agency of any record that has been 
disclosed to the person or agency if an accounting of the disclosure was 
made.
    (d) The parent of any minor, or the legal guardian of any individual 
who has been declared incompetent due to physical or mental incapacity 
or age by a court of competent jurisdiction, may act on behalf of the 
individual.
    (e) Section 552a(e), title 5, United States Code, provided that:
    (1) Any officer or employee of the Inter-American Foundation, who by 
virtue of his or her employment or official position, has possession of, 
or access to, Inter-American Foundation records which contain 
individually identifiable information the disclosure of which is 
prohibited by 5 U.S.C. 552a and who knowing that disclosure of the 
specific material is so prohibied, willfully discloses the material in 
any manner to any person or agency not entitled to receive it, shall be 
guilty of a misdemeanor and fined not more than $5,000.
    (2) Any officer or employee of the Inter-American Foundation who 
willfully maintains a system of records without meeting the notice 
requirements of 5 U.S.C. 552a(e)(4) shall be guilty of a misdemeanor and 
fined not more than $5,000.
    (3) Any person who knowingly and willfully requests or obtains any 
record

[[Page 414]]

concerning an individual from the Inter-American Foundation under false 
pretenses shall be guilty of a misdemeanor and fined not more than 
$5,000.



Sec. 1003.2  Definitions.

    The following definitions apply:
    (a) The term agency includes any executive department, military 
department, Government corporation, Government controlled corporation, 
or other establishment in the executive branch of the government 
(including the Executive Office of the President), or any independent 
regulatory agency.
    (b) The term individual means a citizen of the United States or an 
alien lawfully admitted for permanent residence.
    (c) The term maintain includes maintain, collect, use, or 
disseminate.
    (d) The term record means any item, collection, or grouping of 
information about an individual that is maintained by an agency, 
including, but not limited to, his or her educational, financial 
transactions, medical history, and criminal or employment history and 
that contains his or her name, or the identifying number, symbol, or 
other identifying particular assigned to the individual, such as a 
finger or voice print or a photograph.
    (e) The term system of records means a group of any records under 
the control of any agency from which information is retrieved by the 
name of the individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual.
    (f) The term statistical record means a record in a system of 
records maintained for statistical research or reporting purposes only 
and not used in whole or in part in making any determination about an 
identifiable individual except as provided by section 8 of title 13, 
United States Code.
    (g) The term routine use means, with respect to the disclosure or a 
record, the use of such record for a purpose which is compatible with 
the purpose for which it was collected.



Sec. 1003.3  Access to records.

    (a) Except as otherwise provided by law or regulation any individual 
upon request may gain access to his or her record or to any information 
pertaining to him or her which is contained in any system or records 
maintained by the Inter-American Foundation. The individual will be 
permitted, and upon his or her request, a person of his or her own 
choosing permitted to accompany him or her, to review the record and 
have a copy made of all or any portion thereof in a form comprehensible 
to him or her. The Inter-American foundation will require, however, a 
written statement from the individual authorizing discussion of that 
individual's record in the accompanying person's presence.
    (b) Any individual may request amendment of any Inter-American 
Foundation record pertaining to him or her. Not later than 10 days 
(excluding Saturdays, Sundays, and legal public holidays) after the date 
of receipt of such request, the Inter-American Foundation will 
acknowledge in writing such receipt. The Inter-American Foundation will 
also promptly either:
    (1) Correct any part thereof which the individual believes is not 
accurate, relevant, timely, or complete; or
    (2) Inform the individual of the Inter-American Foundation's refusal 
to amend the record in accordance with his or her request, the reason 
for the refusal, the procedures by which the individual may request a 
review of that refusal by the Administrator or designee, and the name 
and address of such official.
    (c) Any individual who disagrees with the Inter-American 
Foundation's refusal to amend his or her record may request a review of 
such refusal. The Inter-American Foundation will complete such review 
not later than 30 days (excluding Saturdays, Sundays, and legal public 
holidays) from the date on which the individual requests such review and 
make a final determination unless, for good cause shown, the 
Administrator extends such 30-day period. If, after review, the 
Administrator or designee also refuses to amend the record in accordance 
with the request the individual will be advised of the right to file 
with the Inter-American Foundation a concise statement setting forth the 
reasons for his or her disagreement with the Inter-American Foundation's 
refusal, and

[[Page 415]]

also advised of the provisions for judicial review of the reviewing 
official's determination (5 U.S.C. 552a(g)(1)(A)).
    (d) In any disclosure, containing information about which the 
individual has filed a statement of disagreement, occurring after the 
filing of the statement under paragraph (c) of this section, the Inter-
American Foundation will clearly note any part of the record which is 
disputed and provide copies of the statement (and, if the Inter-American 
Foundation deems it appropriate, copies also of a concise statement of 
the Inter-American Foundation's reasons for not making the amendments 
requested) to persons or other agencies to whom the disputed record has 
been disclosed.
    (e) Nothing in 5 U.S.C. 552a, however, allows an individual access 
to any information compiled in reasonable anticipation of a civil action 
or proceeding.

[41 FR 19211, May 11, 1976, as amended at 42 FR 37368, July 21, 1977]



Sec. 1003.4  Inter-American Foundation system of records requirements.

    (a) The Inter-American Foundation will maintain in its records any 
such information about an individual as is relevant and necessary to 
accomplish a purpose of the Inter-American Foundation required to be 
accomplished by statute or Executive order of the President.
    (b) The Inter-American Foundation will collect information to the 
greatest extent practicable directly from the subject individual when 
the information may result in adverse determinations about an 
individual's rights, benefits, and privileges under Federal programs.
    (c) The Inter-American Foundation will inform each individual whom 
it asks to supply information, on the form which it uses to collect the 
information or on a separate form that can be retained by the individual 
of:
    (1) The authority (whether granted by statute or Executive order of 
the President) which authorizes the solicitation of the information and 
whether disclosure of such information is mandatory or voluntary;
    (2) The principal purpose or purposes for which the information is 
intended to be used;
    (3) The routine uses which may be made of the information, as 
published pursuant to paragraph (d)(4) of this section; and
    (4) The effects on him or her, if any, of not providing all or any 
part of the requested information.
    (d) Subject to the provisions of paragraph (k) of this section, the 
Inter-American Foundation will publish in the Federal Register at least 
annually a notice of the existence and character of its system of 
records. This notice will include:
    (1) The name and location of the system or systems;
    (2) The categories of individuals on whom records are maintained in 
the system or systems;
    (3) The categories of records maintained in the system or systems;
    (4) Each routine use of the records contained in the system or 
systems, including the categories of users and the purpose of such use;
    (5) The policies and practices of the Inter-American Foundation 
regarding storage, retrievability, access controls, retention, and 
disposal of the records;
    (6) The title and business address of the Inter-American Foundation 
official or officials responsible for the system or systems of records;
    (7) The Inter-American Foundation procedures whereby an individual 
can be notified at his or her request if the system or systems of 
records contain a record pertaining to him or her;
    (8) The Inter-American Foundation procedures whereby an individual 
can be notified at his or her request how he or she can gain access to 
any record pertaining to him or her contained in the system or systems 
of records, and how he or she can contest its content; and
    (9) The categories of sources of records in the system or systems.
    (e) All records used by the Inter-American Foundation in making any 
determination about any individual will be maintained with the accuracy, 
relevance, timeliness, and completeness reasonably necessary to assure 
fairness to the individual in the determination.

[[Page 416]]

    (f) Before disseminating any record about any individual to any 
person other than an agency the Inter-American Foundation will make 
reasonable efforts to assure that such records are accurate, complete, 
timely, and relevant for Inter-American Foundation purposes unless the 
dissemination is required pursuant to 5 U.S.C. 552.
    (g) The Inter-American Foundation will maintain no record describing 
how any individual exercises rights guaranteed by the First Amendment 
unless expressly authorized by statute or by the individual about whom 
the record is maintained or unless pertinent to and within the scope of 
an authorized law enforcement activity.
    (h) The Inter-American Foundation will make reasonable efforts to 
serve notice on an individual when any record on such individuals is 
made available to any person under compulsory legal process when such 
process becomes a matter of public record.
    (i) The Inter-American Foundation will establish rules of conduct 
for persons involved in the design, development, operation, or 
maintenance of any system of records, or in maintaining any record. Each 
such person will be instructed regarding such rules and the requirements 
of 5 U.S.C. 552a. The instruction will include any other rules and 
procedures adopted pursuant to 5 U.S.C. 552a, and the penalties it 
provides for noncompliance.
    (j) The Inter-American Foundation will establish appropriate 
administrative, technical, and physical safeguards to insure the 
security and confidentiality of records and to protect against any 
anticipated threats or hazards to their security or integrity which 
could result in substantial harm, embarrassment, inconvenience, or 
unfairness to any individual on whom information is maintained.
    (k) At least 30 days prior to the publication of a notice in the 
Federal Register at least annually regarding the routine use of the 
records contained in the Inter-American Foundation system or systems of 
records including the categories of users and the purpose of such use, 
pursuant to paragraph (d)(4) of this section, the Inter-American 
Foundation will also:
    (1) Publish a notice in the Federal Register of any new use or 
intended use of the information in the system or systems; and
    (2) Provide an opportunity for interested persons to submit written 
data, views, or arguments to the Inter-American Foundation.



Sec. 1003.5  Access to personal information from Inter-American Foundation records.

    (a) The Inter-American Foundation will promulgate regulations, as 
necessary, to insure compliance with the provisions of 5 U.S.C. 552a, 
developed in accordance with the provisions of 5 U.S.C. 553, as 
applicable.
    (b) Any individual will be notified upon request if any Inter-
American Foundation system of records named contains a record pertaining 
to him or her. Such request must be in writing over the signature of the 
requester. The request must contain a reasonable description of the 
Inter-American Foundation system or systems of records meant, as 
described at least annually by notice published in the Federal Register 
describing the existence and character of the Inter-American 
Foundation's system or systems of records. The request should be made to 
the Executive Officer, Inter-American Foundation, 1515 Wilson Boulevard, 
Rosslyn, Virginia 22209. Personal contacts should normally be made 
during the regular duty hours of the office concerned, which are 8:30 
a.m. to 4:00 p.m. Monday through Friday. Identification of the 
individual requesting the information will be required consisting of 
name, signature, address, and claim, insurance or other identifying file 
number, if any, as a minimum.
    (c) The department or staff office having jurisdiction over the 
records involved will establish appropriate disclosure procedures and 
will notify the individual requesting disclosure of his or her record or 
information pertaining to him or her of the time, place and conditions 
under which the Inter-American Foundation will comply to the extent 
permitted by law and Inter-American Foundation regulation. Special 
procedures will be established by

[[Page 417]]

the department or staff office concerned governing the disclosure to an 
individual of medical records, including psychological records 
pertaining to him or her.
    (d) The department or staff office having jurisdiction over the 
records involved will also establish procedures for reviewing a request 
from an individual concerning the amendment of any record or information 
pertaining to the individual for making a determination on the request, 
for an appeal within the Inter-American Foundation of an initial adverse 
Inter-American Foundation determination, and for whatever additional 
means may be necessary for each individual to be able to exercise fully 
his or her rights under 5 U.S.C. 552a.
    (e) Fees to be charged, if any, to any individual for making copies 
of his or her record, excluding the cost of any search for and review of 
the record, will be as follows:
    (1) Photocopy reproductions from all types of copying processes, 
each reproduction image, $0.05.
    (2) Where the Inter-American Foundation undertakes to perform for a 
requester or for any other person services which are very clearly not 
required to be performed under section 552a, title 5, United States 
Code, either voluntarily or because such services are required by some 
other law (e.g., the formal certification of records as true copies, 
attestation under the seal of the Inter-American Foundation, etc.), the 
question of charging fees for such services will be determined by the 
official or designee authorized to release the information under 
Sec. 1.556, in the light of the Federal user charge statute, 31 U.S.C. 
483a, and any other applicable law.



Sec. 1003.6  Administrative review.

    (a) Upon denial of a request, the responsible Inter-American 
Foundation official or designated employee will inform the requester in 
writing of the denial, cite the reason or reasons and the Inter-American 
Foundation regulations upon which the denial is based, and advise that 
the denial may be appealed to the Administrator.
    (b) The final agency decision in such appeals will be made by the 
Administrator or Deputy Administrator.



Sec. 1003.7  Judicial review.

    Any person may file a complaint against the Inter-American 
Foundation in the appropriate U.S. district court, as provided in 5 
U.S.C. 552a(g), whenever the Inter-American Foundation:
    (a) Makes a determination not to amend an individual's record in 
accordance with his or her request, or fails to make such review in 
conformity with that section;
    (b) Refuses to comply with an individual request;
    (c) Fails to maintain any record concerning any individual with such 
accuracy, relevance, timeliness, and completeness as is necessary to 
assure fairness in any determination relating to the qualifications, 
character, rights, or opportunities of, or benefits to the individual 
that may be made on the basis of such record, and consequently a 
determination is made which is adverse to the individual; or
    (d) Fails to comply under any other provision of 5 U.S.C. 552a, or 
any Inter-American Foundation regulation promulgated thereunder, in such 
a way as to have an adverse effect on an individual.



Sec. 1003.8  Exemptions.

    No Inter-American Foundation records system or systems as such are 
exempted from the provisions of 5 U.S.C. 552a as permitted under certain 
conditions by 5 U.S.C. 552a (j) and (k).



Sec. 1003.9  Mailing lists.

    An individual's name and address may not be sold or rented by the 
Inter-American Foundation unless such action is specifically authorized 
by law. This section does not require the withholding of names and 
addresses otherwise permitted to be made public.



Sec. 1003.10  Reports.

    (a) The Administrator or designee will provide adequate advance 
notice to Congress and the Office of Management and Budget of any 
proposal to establish or alter any Inter-American Foundation system or 
systems of records, as required by 5 U.S.C. 552a(o).

[[Page 418]]

This will permit an evaluation of the probable or potential effect of 
such proposal on the privacy and other personal or property rights of 
individuals or the disclosure of information relating to such 
individuals, and its effect on the preservation of the constitutional 
principles of federalism and separation of powers.
    (b) If at any time an Inter-American Foundation system or systems of 
records is determined to be exempt from the application of 5 U.S.C. 552a 
in accordance with the provisions of 5 U.S.C. 552a (j) and (k), the 
number of records contained in such system or systems will be separately 
listed and reported to the Office of Management and Budget in accordance 
with the then prevailing guidelines and instructions of that agency.



PART 1004--RULES FOR IMPLEMENTING OPEN MEETINGS WITHIN THE INTER-AMERICAN FOUNDATION--Table of Contents




Sec.
1004.1  General policies.
1004.2  Definitions.
1004.3  Requirement of open meetings.
1004.4  Grounds on which meetings may be closed.
1004.5  Procedures for announcing meetings.
1004.6  Procedures for closing meetings.
1004.7  Reconsideration of opening or closing a meeting.
1004.8  Transcripts, recording of closed meetings.

    Authority: Pub. L. 91-175, 83 Stat. 821 (22 U.S.C. 290f).

    Source: 42 FR 20461, Apr. 20, 1977, unless otherwise noted.



Sec. 1004.1  General policies.

    The Inter-American Foundation will provide the public with the 
fullest practical information regarding its decisionmaking processes 
while protecting the rights of individuals and its abilities to carry 
out its responsibilies.



Sec. 1004.2  Definitions.

    The following definitions apply:
    (a) The term agency includes any executive department, military 
department, government corporation, government controlled corporation or 
other establishment in the executive branch of the government (including 
the Executive Office of the President) or any independent regulatory 
agency, and is headed by a collegial body composed of two or more 
individual members, a majority of whom are appointed to such position by 
the President with the advice and consent of the Senate, and any 
subdivision thereof authorized to act on behalf of the agency. The 
Inter-American Foundation is a government corporation headed by a 7-
member Board of Directors, all of whom are appointed by the President 
with the advice and consent of the Senate, and is therefore an 
``agency'' under these terms.
    (b) The term meeting means the deliberation of this Board of 
Directors where such deliberations determine or result in the joint 
conduct or disposition of official IAF business.
    (c) The term member means an individual who belongs to the IAF Board 
of Directors.
    (d) Public Observation means attendance at any meeting but does not 
include participation, or attempted participation, in such meeting in 
any matter.



Sec. 1004.3  Requirement of open meetings.

    Members shall not jointly conduct or dispose of agency business 
other than in accordance with this section. Except as provided in 
Sec. 1004.4 every portion of every meeting of the agency shall be open 
to public observation.



Sec. 1004.4  Grounds on which meetings may be closed.

    The IAF shall open every portion of every meeting of the agency for 
public observation except where the agency determines that such portion 
or portions of its meeting or the disclosure of such information is 
likely to:
    (a) Disclose matters that are:
    (1) Specifically authorized under criteria established by an 
Executive order to be kept secret in the interests of national defense 
or foreign policy and
    (2) In fact properly classified pursuant to such Executive order;
    (b) Relate solely to the internal personnel rules and practice of 
the agency;

[[Page 419]]

    (c) Disclose matters specifically exempted from disclosure by 
statute, provided that such statute:
    (1) Requires that the matters be withheld from the public in such 
manner as to leave no discretion on the issue, or
    (2) Established practical criteria for withholding or refers to 
particular types of matters to be withheld;
    (d) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential;
    (e) Involve accusing any person of a crime, or formally censuring 
any person;
    (f) Disclose information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (g) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of such records or 
information would:
    (1) Interfere with enforcement proceedings,
    (2) Deprive a person of a right to a fair trial of an impartial 
adjudication,
    (3) Constitute an unwarranted invasion of personal privacy,
    (4) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential source,
    (5) Disclose investigative techniques and procedures, or
    (6) Endanger the life of physical safety of law enforcement 
personnel;
    (h) Disclose information the premature disclosure of which would be 
likely to significantly guarantee implementation of a proposed agency 
action. This shall not apply in any instance where the IAF has already 
disclosed to the public the content or nature of its proposed action or 
where the IAF is required by law to make such disclosure on its own 
intitative prior to taking final IAF action on such proposal;
    (i) Specifically concern the IAF's issuance of a subpoena, or the 
IAF's participation in a civil action or proceeding, an action in a 
foreign court or international tribunal, or an arbitration, or the 
initiation, conduct, or disposition by the IAF of a particular case of 
formal agency adjudication pursuant to the procedures in section 554, of 
this title or otherwise involving a determination on the record after 
opportunity for a hearing.



Sec. 1004.5  Procedures for announcing meetings.

    (a) In the case of each meeting, the IAF shall make public, at least 
one week before the meeting, of the time, place and subject matter of 
the meeting, whether it is to be open or closed to the public, and the 
name and phone number of the official designated by the IAF to respond 
to requests for information about the meeting. Such announcement shall 
be made unless a majority of the Board of Directors of the IAF 
determines by a recorded vote that the IAF requires that such a meeting 
be called at an earlier date, in which case the IAF shall make public 
announcement of the time, place and subject matter of such meeting and 
whether open or closed to the public, at the earliest practical time.
    (b) Immediately following the public announcement, the IAF will 
publish it in the Federal Register.
    (c) The Foundation shall also make public the announcment in 
publications whose readers may have an interest in IAF operations.
    (d) At least seven days before the meeting, the IAF shall send the 
announcements to those on a mailing list maintained for those desiring 
to receive such notices.



Sec. 1004.6  Procedures for closing meetings.

    (a) The closing of a meeting shall occur only when:
    (1) A majority of the membership of the IAF Board votes to take such 
action. That vote shall determine whether or not any portion or portions 
of a meeting or portions of a series of meetings may be closed to public 
observation for any of the reasons provided in Sec. 1004.4 and whether 
or not the public interest nevertheless requires that portion of the 
meeting or meetings remain

[[Page 420]]

open. A single vote may be taken with respect to a series of meetings, a 
portion or portions of which are proposed to be closed to the public, or 
with respect to any information concerning such series of meetings, so 
long as each meeting in such series involves the same particular matters 
and is scheduled to be held no more than thirty days after the initial 
meeting in such series. The vote of each Board member participating in 
such vote shall be recorded and no proxies shall be allowed.
    (2) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the IAF close such portion to the 
public for any of the reasons referred to in Sec. 1004.4 (e), (f) or 
(g), the IAF, upon request of any one of its Board members, shall take a 
recorded vote, whether to close such portion of the meeting.
    (b) Within one day of any vote taken, the IAF shall make publicly 
available a written copy of such vote reflecting the vote of each member 
on the question and full written explanation of its action closing the 
entire or portion of the meeting together with a list of persons 
expected to attend the meeting and their affiliation.
    (c) The IAF shall announce the time, place and subject matter of the 
meeting at least 8 days before the meeting.
    (d) For every closed meeting, the General Counsel of the IAF shall 
publicly certify prior to a Board of Directors' vote on closing the 
meeting, that, in his or her opinion, the meeting may be closed to the 
public and shall state each relevant exemptive provision. A copy of such 
certification, together with a statement from the presiding officer of 
the meeting setting forth the time and place of the meeting, and the 
persons present, shall be retained by the IAF.



Sec. 1004.7  Reconsideration of opening or closing a meeting.

    The time or place of a Board meeting may be changed following the 
public announcement only if the IAF publicly announces such change at 
the earilest practicable time. The subject matter of a meeting, or the 
determination of the agency to open or close a meeting, or portion of 
meeting, to the public, may be changed following the public announcement 
only if a majority of the Board of Directors determines by a recorded 
vote that IAF business so requires and that no earlier announcement of 
the change was possible, and the IAF publicly announces such change and 
the vote of each member upon such change at the earliest practicable 
time.



Sec. 1004.8  Transcripts, recording of closed meetings.

    (a) The IAF shall maintain a complete transcript or electronic 
recording adequate to record fully the proceedings of each meeting, or 
portion of a meeting, closed to the public.
    (b) The IAF, after review by the General Counsel shall make promptly 
available to the public in a place easily accessible to the public, the 
transcript or electronic recording of the discussion of any time on the 
agenda, or any item of the testimony of any witness received at the 
Board meeting, except for such item or items of such discussion or 
testimony as the IAF determines to contain information which may be 
withheld under Sec. 1004.4. Copies of such transcript, or a 
transcription of such recording disclosing the identity of each speaker, 
shall be furnished to any person at the actual cost of duplication or 
transcription. The IAF shall maintain a complete verbatim copy of the 
transcript or a complete electronic recording of each meeting, or 
portion of a meeting, closed to the public, for a period of at least two 
years after such meeting, or until one year after the conclusion of any 
IAF proceeding with respect to which the meeting or portion was held, 
whichever occurs later.



PART 1005--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE INTER-AMERICAN FOUNDATION--Table of Contents




Sec.
1005.101  Purpose.
1005.102  Application.
1005.103  Definitions.
1005.104--1005.109  [Reserved]
1005.110  Self-evaluation.
1005.111  Notice.
1005.112--1005.129  [Reserved]

[[Page 421]]

1005.130  General prohibitions against discrimination.
1005.131--1005.139  [Reserved]
1005.140  Employment.
1005.141--1005.148  [Reserved]
1005.149  Program accessibility: Discrimination prohibited.
1005.150  Program accessibility: Existing facilities.
1005.151  Program accessibility: New construction and alterations.
1005.152--1005.159  [Reserved]
1005.160  Communications.
1005.161--1005.169  [Reserved]
1005.170  Compliance procedures.
1005.171--1005.999  [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 22890, 22896, June 23, 1986, unless otherwise noted.



Sec. 1005.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 1005.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 1005.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing impairments, cerebral palsy, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, 
diabetes, mental retardation, emotional illness, and drug addiction and 
alocoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or

[[Page 422]]

physical impairment that substantially limits one or more major life 
activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Qualified handicapped person means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, a handicapped person who is a member of 
a class of persons otherwise entitled by statute, regulation, or agency 
policy to receive education services from the agency.
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can acheive the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature;
    (3) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 1005.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies only to programs or activities 
conducted by Executive agencies and not to federally assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.
Secs. 1005.104--1005.109  [Reserved]



Sec. 1005.110  Self-evaluation.

    (a) The agency shall, by August 24, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.



Sec. 1005.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons

[[Page 423]]

of the protections against discrimination assured them by section 504 
and this regulation.
Secs. 1005.112--1005.129  [Reserved]



Sec. 1005.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangments, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified handicapped persons to 
discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licensees or certified 
entities that subject qualified handicapped persons to discrimination on 
the basis of handicap. However, the programs or activities of entities 
that are licensed or certified by the agency are not, themselves, 
covered by this part.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.

[[Page 424]]

    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.
Secs. 1005.131--1005.139  [Reserved]



Sec. 1005.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.
Secs. 1005.141--1005.148  [Reserved]



Sec. 1005.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 1005.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 1005.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 1005.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by handicapped persons. The agency is not 
required to make structural changes in existing facilities where other 
methods are effective in achieving compliance with this section. The 
agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the agency shall give priority 
to those methods that offer programs and activities to qualified 
handicapped persons in the most integrated setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 1005.150(a) in historic preservation

[[Page 425]]

programs, the agency shall give priority to methods that provide 
physical access to handicapped persons. In cases where a physical 
alteration to an historic property is not required because of 
Sec. 1005.150(a)(2) or (a)(3), alternative methods of achieving program 
accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide handicapped persons into or through 
portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by October 21, 1986, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by August 22, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by February 23, 1987, a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 1005.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 1005.152--1005.159  [Reserved]



Sec. 1005.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf person (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can

[[Page 426]]

demonstrate would result in a fundamental alteration in the nature of a 
program or activity or in undue financial and adminstrative burdens. In 
those circumstances where agency personnel believe that the proposed 
action would fundamentally alter the program or activity or would result 
in undue financial and administrative burdens, the agency has the burden 
of proving that compliance with Sec. 1005.160 would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action required to comply with this section would 
result in such an alteration or such burdens, the agency shall take any 
other action that would not result in such an alteration or such burdens 
but would nevertheless ensure that, to the maximum extent possible, 
handicapped persons receive the benefits and services of the program or 
activity.
Secs. 1005.161--1005.169  [Reserved]



Sec. 1005.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The General Counsel, Inter-American Foundation, shall be 
responsible for coordinating implementation of this section. Complaints 
may be sent to General Counsel, Inter-American Foundation, 1515 Wilson 
Boulevard, Rosslyn, Virginia 22209.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1005.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making

[[Page 427]]

the final determination may not be delegated to another agency.

[51 FR 22890, 22896, June 23, 1986, as amended at 51 FR 22891, June 23, 
1986]
Secs. 1005.171--1005.999  [Reserved]



PART 1006--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents




                           Subpart A--General

Sec.
1006.100  Purpose.
1006.105  Definitions.
1006.110  Coverage.
1006.115  Policy.

                       Subpart B--Effect of Action

1006.200  Debarment or suspension.
1006.205  Ineligible persons.
1006.210  Voluntary exclusion.
1006.215  Exception provision.
1006.220  Continuation of covered transactions.
1006.225  Failure to adhere to restrictions.

                          Subpart C--Debarment

1006.300  General.
1006.305  Causes for debarment.
1006.310  Procedures.
1006.311  Investigation and referral.
1006.312  Notice of proposed debarment.
1006.313  Opportunity to contest proposed debarment.
1006.314  Debarring official's decision.
1006.315  Settlement and voluntary exclusion.
1006.320  Period of debarment.
1006.325  Scope of debarment.

                          Subpart D--Suspension

1006.400  General.
1006.405  Causes for suspension.
1006.410  Procedures.
1006.411  Notice of suspension.
1006.412  Opportunity to contest suspension.
1006.413  Suspending official's decision.
1006.415  Period of suspension.
1006.420  Scope of suspension.

       Subpart E--Responsibilities of GSA, Agency and Participants

1006.500  GSA responsibilities.
1006.505  Inter-American Foundation responsibilities.
1006.510  Participants' responsibilities.

          Subpart F--Drug-Free Workplace Requirements (Grants)

1006.600  Purpose.
1006.605  Definitions.
1006.610  Coverage.
1006.615  Grounds for suspension of payments, suspension or termination 
          of grants, or suspension or debarment.
1006.620  Effect of violation.
1006.625  Exception provision.
1006.630  Certification requirements and procedures.
1006.635  Reporting of and employee sanctions for convictions of 
          criminal drug offenses.

Appendix A to Part 1006--Certification Regarding Debarment, Suspension, 
          and Other Responsibility Matters--Primary Covered Transactions

Appendix B to Part 1006--Certification Regarding Debarment, Suspension, 
          Ineligibility and Voluntary Exclusion--Lower Tier Covered 
          Transactions

Appendix C to Part 1006--Certification Regarding Drug-Free Workplace 
          Requirements

    Authority: E.O. 12549; Sec. 5151-5160 of the Drug-Free Workplace Act 
of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.); 
22 U.S.C. 290f.

    Source: 54 FR 4722, 4734, Jan. 30, 1989, unless otherwise noted.

    Cross Reference 1: For additional information, see related documents 
published at 52 FR 20360, May 29, 1987; 53 FR 19160, May 26, 1988; 53 FR 
34474, September 6, 1988; and 60 FR 33036, June 26, 1995.

    2:See also Office of Management and Budget notice published at 55 FR 
21679, May 25, 1990.



                           Subpart A--General



Sec. 1006.100  Purpose.

    (a) Executive Order (E.O.) 12549 provides that, to the extent 
permitted by law, Executive departments and agencies shall participate 
in a governmentwide system for nonprocurement debarment and suspension. 
A person who is debarred or suspended shall be excluded from Federal 
financial and nonfinancial assistance and benefits under Federal 
programs and activities. Debarment or suspension of a participant in a 
program by one agency shall have governmentwide effect.
    (b) These regulations implement section 3 of E.O. 12549 and the 
guidelines

[[Page 428]]

promulgated by the Office of Management and Budget under section 6 of 
the E.O. by:
    (1) Prescribing the programs and activities that are covered by the 
governmentwide system;
    (2) Prescribing the governmentwide criteria and governmentwide 
minimum due process procedures that each agency shall use;
    (3) Providing for the listing of debarred and suspended 
participants, participants declared ineligible (see definition of 
``ineligible'' in Sec. 1006.105), and participants who have voluntarily 
excluded themselves from participation in covered transactions;
    (4) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion; and
    (5) Offering such other guidance as necessary for the effective 
implementation and administration of the governmentwide system.
    (c) These regulations also implement Executive Order 12689 (3 CFR, 
1989 Comp., p. 235) and 31 U.S.C. 6101 note (Public Law 103-355, sec. 
2455, 108 Stat. 3327) by--
    (1) Providing for the inclusion in the List of Parties Excluded from 
Federal Procurement and Nonprocurement Programs all persons proposed for 
debarment, debarred or suspended under the Federal Acquisition 
Regulation, 48 CFR Part 9, subpart 9.4; persons against which 
governmentwide exclusions have been entered under this part; and persons 
determined to be ineligible; and
    (2) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion.
    (d) Although these regulations cover the listing of ineligible 
participants and the effect of such listing, they do not prescribe 
policies and procedures governing declarations of ineligibility.

[60 FR 33040, 33046, June 26, 1995]



Sec. 1006.105  Definitions.

    The following definitions apply to this part:
    Adequate evidence. Information sufficient to support the reasonable 
belief that a particular act or omission has occurred.
    Affiliate. Persons are affiliates of each other if, directly or 
indirectly, either one controls or has the power to control the other, 
or, a third person controls or has the power to control both. Indicia of 
control include, but are not limited to: interlocking management or 
ownership, identity of interests among family members, shared facilities 
and equipment, common use of employees, or a business entity organized 
following the suspension or debarment of a person which has the same or 
similar management, ownership, or principal employees as the suspended, 
debarred, ineligible, or voluntarily excluded person.
    Agency. Any executive department, military department or defense 
agency or other agency of the executive branch, excluding the 
independent regulatory agencies.
    Civil judgment. The disposition of a civil action by any court of 
competent jurisdiction, whether entered by verdict, decision, 
settlement, stipulation, or otherwise creating a civil liability for the 
wrongful acts complained of; or a final determination of liability under 
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-12).
    Conviction. A judgment or conviction of a criminal offense by any 
court of competent jurisdiction, whether entered upon a verdict or a 
plea, including a plea of nolo contendere.
    Debarment. An action taken by a debarring official in accordance 
with these regulations to exclude a person from participating in covered 
transactions. A person so excluded is ``debarred.''
    Debarring official. An official authorized to impose debarment. The 
debarring official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Indictment. Indictment for a criminal offense. An information or 
other filing by competent authority charging a criminal offense shall be 
given the same effect as an indictment.
    Ineligible. Excluded from participation in Federal nonprocurement 
programs pursuant to a determination of ineligibility under statutory, 
executive order, or regulatory authority, other than Executive Order 
12549 and its

[[Page 429]]

agency implementing regulations; for example, excluded pursuant to the 
Davis-Bacon Act and its implementing regulations, the equal employment 
opportunity acts and executive orders, or the environmental protection 
acts and executive orders. A person is ineligible where the 
determination of ineligibility affects such person's eligibility to 
participate in more than one covered transaction.
    Legal proceedings. Any criminal proceeding or any civil judicial 
proceeding to which the Federal Government or a State or local 
government or quasi-governmental authority is a party. The term includes 
appeals from such proceedings.
    List of Parties Excluded from Federal Procurement and Nonprocurement 
Programs. A list compiled, maintained and distributed by the General 
Services Administration (GSA) containing the names and other information 
about persons who have been debarred, suspended, or voluntarily excluded 
under Executive Orders 12549 and 12689 and these regulations or 48 CFR 
part 9, subpart 9.4, persons who have been proposed for debarment under 
48 CFR part 9, subpart 9.4, and those persons who have been determined 
to be ineligible.
    Notice. A written communication served in person or sent by 
certified mail, return receipt requested, or its equivalent, to the last 
known address of a party, its identified counsel, its agent for service 
of process, or any partner, officer, director, owner, or joint venturer 
of the party. Notice, if undeliverable, shall be considered to have been 
received by the addressee five days after being properly sent to the 
last address known by the agency.
    Participant. Any person who submits a proposal for, enters into, or 
reasonably may be expected to enter into a covered transaction. This 
term also includes any person who acts on behalf of or is authorized to 
commit a participant in a covered transaction as an agent or 
representative of another participant.
    Person. Any individual, corporation, partnership, association, unit 
of government or legal entity, however organized, except: foreign 
governments or foreign governmental entities, public international 
organizations, foreign government owned (in whole or in part) or 
controlled entities, and entities consisting wholly or partially of 
foreign governments or foreign governmental entities.
    Preponderance of the evidence. Proof by information that, compared 
with that opposing it, leads to the conclusion that the fact at issue is 
more probably true than not.
    Principal. Officer, director, owner, partner, key employee, or other 
person within a participant with primary management or supervisory 
responsibilities; or a person who has a critical influence on or 
substantive control over a covered transaction, whether or not employed 
by the participant. Persons who have a critical influence on or 
substantive control over a covered transaction are:
    (1) Principal investigators.
    Proposal. A solicited or unsolicited bid, application, request, 
invitation to consider or similar communication by or on behalf of a 
person seeking to participate or to receive a benefit, directly or 
indirectly, in or under a covered transaction.
    Respondent. A person against whom a debarment or suspension action 
has been initiated.
    State. Any of the States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, any territory or possession 
of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of local 
government. A State instrumentality will be considered part of the State 
government if it has a written determination from a State government 
that such State considers that instrumentality to be an agency of the 
State government.
    Suspending official. An official authorized to impose suspension. 
The suspending official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Suspension. An action taken by a suspending official in accordance 
with these regulations that immediately excludes a person from 
participating in covered transactions for a temporary period, pending 
completion of an investigation and such legal, debarment, or

[[Page 430]]

Program Fraud Civil Remedies Act proceedings as may ensue. A person so 
excluded is ``suspended.''
    Voluntary exclusion or voluntarily excluded. A status of 
nonparticipation or limited participation in covered transactions 
assumed by a person pursuant to the terms of a settlement.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 60 FR 33041, 33046, June 
26, 1995]



Sec. 1006.110  Coverage.

    (a) These regulations apply to all persons who have participated, 
are currently participating or may reasonably be expected to participate 
in transactions under Federal nonprocurement programs. For purposes of 
these regulations such transactions will be referred to as ``covered 
transactions.''
    (1) Covered transaction. For purposes of these regulations, a 
covered transaction is a primary covered transaction or a lower tier 
covered transaction. Covered transactions at any tier need not involve 
the transfer of Federal funds.
    (i) Primary covered transaction. Except as noted in paragraph (a)(2) 
of this section, a primary covered transaction is any nonprocurement 
transaction between an agency and a person, regardless of type, 
including: Grants, cooperative agreements, scholarships, fellowships, 
contracts of assistance, loans, loan guarantees, subsidies, insurance, 
payments for specified use, donation agreements and any other 
nonprocurement transactions between a Federal agency and a person. 
Primary covered transactions also include those transactions specially 
designated by the U.S. Department of Housing and Urban Development in 
such agency's regulations governing debarment and suspension.
    (ii) Lower tier covered transaction. A lower tier covered 
transaction is:
    (A) Any transaction between a participant and a person other than a 
procurement contract for goods or services, regardless of type, under a 
primary covered transaction.
    (B) Any procurement contract for goods or services between a 
participant and a person, regardless of type, expected to equal or 
exceed the Federal procurement small purchase threshold fixed at 10 
U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a primary 
covered transaction.
    (C) Any procurement contract for goods or services between a 
participant and a person under a covered transaction, regardless of 
amount, under which that person will have a critical influence on or 
substantive control over that covered transaction. Such persons are:
    (1) Principal investigators.
    (2) Providers of federally-required audit services.
    (2) Exceptions. The following transactions are not covered:
    (i) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (ii) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, entities 
consisting wholly or partially of foreign governments or foreign 
governmental entities;
    (iii) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (iv) Federal employment;
    (v) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (vi) Incidental benefits derived from ordinary governmental 
operations; and
    (vii) Other transactions where the application of these regulations 
would be prohibited by law.
    (b) Relationship to other sections. This section describes the types 
of transactions to which a debarment or suspension under the regulations 
will apply. Subpart B, ``Effect of Action,'' Sec. 1006.200, ``Debarment 
or suspension,'' sets forth the consequences of a debarment or 
suspension. Those consequences would obtain only with respect to 
participants and principals in the covered transactions and activities 
described in Sec. 1006.110(a). Sections 1006.325, ``Scope of 
debarment,'' and 1006.420, ``Scope of suspension,'' govern

[[Page 431]]

the extent to which a specific participant or organizational elements of 
a participant would be automatically included within a debarment or 
suspension action, and the conditions under which affiliates or persons 
associated with a participant may also be brought within the scope of 
the action.
    (c) Relationship to Federal procurement activities. In accordance 
with E.O. 12689 and section 2455 of Public Law 103-355, any debarment, 
suspension, proposed debarment or other governmentwide exclusion 
initiated under the Federal Acquisition Regulation (FAR) on or after 
August 25, 1995 shall be recognized by and effective for Executive 
Branch agencies and participants as an exclusion under this regulation. 
Similarly, any debarment, suspension or other governmentwide exclusion 
initiated under this regulation on or after August 25, 1995 shall be 
recognized by and effective for those agencies as a debarment or 
suspension under the FAR.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 60 FR 33041, 33046, June 
26, 1995]



Sec. 1006.115  Policy.

    (a) In order to protect the public interest, it is the policy of the 
Federal Government to conduct business only with responsible persons. 
Debarment and suspension are discretionary actions that, taken in 
accordance with Executive Order 12549 and these regulations, are 
appropriate means to implement this policy.
    (b) Debarment and suspension are serious actions which shall be used 
only in the public interest and for the Federal Government's protection 
and not for purposes of punishment. Agencies may impose debarment or 
suspension for the causes and in accordance with the procedures set 
forth in these regulations.
    (c) When more than one agency has an interest in the proposed 
debarment or suspension of a person, consideration shall be given to 
designating one agency as the lead agency for making the decision. 
Agencies are encouraged to establish methods and procedures for 
coordinating their debarment or suspension actions.



                       Subpart B--Effect of Action



Sec. 1006.200  Debarment or suspension.

    (a) Primary covered transactions. Except to the extent prohibited by 
law, persons who are debarred or suspended shall be excluded from 
primary covered transactions as either participants or principals 
throughout the Executive Branch of the Federal Government for the period 
of their debarment, suspension, or the period they are proposed for 
debarment under 48 CFR part 9, subpart 9.4. Accordingly, no agency shall 
enter into primary covered transactions with such excluded persons 
during such period, except as permitted pursuant to Sec. 1006.215.
    (b) Lower tier covered transactions. Except to the extent prohibited 
by law, persons who have been proposed for debarment under 48 CFR part 
9, subpart 9.4, debarred or suspended shall be excluded from 
participating as either participants or principals in all lower tier 
covered transactions (see Sec. 1006.110(a)(1)(ii)) for the period of 
their exclusion.
    (c) Exceptions. Debarment or suspension does not affect a person's 
eligibility for--
    (1) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (2) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, and 
entities consisting wholly or partially of foreign governments or 
foreign governmental entities;
    (3) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (4) Federal employment;
    (5) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (6) Incidental benefits derived from ordinary governmental 
operations; and

[[Page 432]]

    (7) Other transactions where the application of these regulations 
would be prohibited by law.

[60 FR 33041, 33046, June 26, 1995]



Sec. 1006.205  Ineligible persons.

    Persons who are ineligible, as defined in Sec. 1006.105(i), are 
excluded in accordance with the applicable statutory, executive order, 
or regulatory authority.



Sec. 1006.210  Voluntary exclusion.

    Persons who accept voluntary exclusions under Sec. 1006.315 are 
excluded in accordance with the terms of their settlements. Inter--
American Foundation shall, and participants may, contact the original 
action agency to ascertain the extent of the exclusion.



Sec. 1006.215  Exception provision.

    Inter-American Foundation may grant an exception permitting a 
debarred, suspended, or voluntarily excluded person, or a person 
proposed for debarment under 48 CFR part 9, subpart 9.4, to participate 
in a particular covered transaction upon a written determination by the 
agency head or an authorized designee stating the reason(s) for 
deviating from the Presidential policy established by Executive Order 
12549 and Sec. 1006.200. However, in accordance with the President's 
stated intention in the Executive Order, exceptions shall be granted 
only infrequently. Exceptions shall be reported in accordance with 
Sec. 1006.505(a).

[60 FR 33041, 33046, June 26, 1995]



Sec. 1006.220  Continuation of covered transactions.

    (a) Notwithstanding the debarment, suspension, proposed debarment 
under 48 CFR part 9, subpart 9.4, determination of ineligibility, or 
voluntary exclusion of any person by an agency, agencies and 
participants may continue covered transactions in existence at the time 
the person was debarred, suspended, proposed for debarment under 48 CFR 
part 9, subpart 9.4, declared ineligible, or voluntarily excluded. A 
decision as to the type of termination action, if any, to be taken 
should be made only after thorough review to ensure the propriety of the 
proposed action.
    (b) Agencies and participants shall not renew or extend covered 
transactions (other than no-cost time extensions) with any person who is 
debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 
9.4, ineligible or voluntary excluded, except as provided in 
Sec. 1006.215.

[60 FR 33041, 33046, June 26, 1995]



Sec. 1006.225  Failure to adhere to restrictions.

    (a) Except as permitted under Sec. 1006.215 or Sec. 1006.220, a 
participant shall not knowingly do business under a covered transaction 
with a person who is--
    (1) Debarred or suspended;
    (2) Proposed for debarment under 48 CFR part 9, subpart 9.4; or
    (3) Ineligible for or voluntarily excluded from the covered 
transaction.
    (b) Violation of the restriction under paragraph (a) of this section 
may result in disallowance of costs, annulment or termination of award, 
issuance of a stop work order, debarment or suspension, or other 
remedies as appropriate.
    (c) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, proposed for debarment under 48 
CFR part 9, subpart 9.4, ineligible, or voluntarily excluded from the 
covered transaction (See appendix B of these regulations), unless it 
knows that the certification is erroneous. An agency has the burden of 
proof that a participant did knowingly do business with a person that 
filed an erroneous certification.

[60 FR 33041, 33046, June 26, 1995]



                          Subpart C--Debarment



Sec. 1006.300  General.

    The debarring official may debar a person for any of the causes in 
Sec. 1006.305, using procedures established in Sec. 1006.310 through 
Sec. 1006.314. The existence of a cause for debarment, however, does not 
necessarily require that the person be debarred; the seriousness of the 
person's acts or omissions and

[[Page 433]]

any mitigating factors shall be considered in making any debarment 
decision.



Sec. 1006.305  Causes for debarment.

    Debarment may be imposed in accordance with the provisions of 
Secs. 1006.300 through Sec. 1006.314 for:
    (a) Conviction of or civil judgment for:
    (1) Commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public or private 
agreement or transaction;
    (2) Violation of Federal or State antitrust statutes, including 
those proscribing price fixing between competitors, allocation of 
customers between competitors, and bid rigging;
    (3) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, 
receiving stolen property, making false claims, or obstruction of 
justice; or
    (4) Commission of any other offense indicating a lack of business 
integrity or business honesty that seriously and directly affects the 
present responsibility of a person.
    (b) Violation of the terms of a public agreement or transaction so 
serious as to affect the integrity of an agency program, such as:
    (1) A willful failure to perform in accordance with the terms of one 
or more public agreements or transactions;
    (2) A history of failure to perform or of unsatisfactory performance 
of one or more public agreements or transactions; or
    (3) A willful violation of a statutory or regulatory provision or 
requirement applicable to a public agreement or transaction.
    (c) Any of the following causes:
    (1) A nonprocurement debarment by any Federal agency taken before 
March 1, 1989, the effective date of these regulations or a procurement 
debarment by any Federal agency taken pursuant to 48 CFR subpart 9.4;
    (2) Knowingly doing business with a debarred, suspended, ineligible, 
or voluntarily excluded person, in connection with a covered 
transaction, except as permitted in Sec. 1006.215 or Sec. 1006.220;
    (3) Failure to pay a single substantial debt, or a number of 
outstanding debts (including disallowed costs and overpayments, but not 
including sums owed the Federal Government under the Internal Revenue 
Code) owed to any Federal agency or instrumentality, provided the debt 
is uncontested by the debtor or, if contested, provided that the 
debtor's legal and administrative remedies have been exhausted;
    (4) Violation of a material provision of a voluntary exclusion 
agreement entered into under Sec. 1006.315 or of any settlement of a 
debarment or suspension action; or
    (5) Violation of any requirement of subpart F of this part, relating 
to providing a drug-free workplace, as set forth in Sec. 1006.615 of 
this part.
    (d) Any other cause of so serious or compelling a nature that it 
affects the present responsibility of a person.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 54 FR 4950, 4956, Jan. 
31, 1989]



Sec. 1006.310  Procedures.

    Inter-American Foundation shall process debarment actions as 
informally as practicable, consistent with the principles of fundamental 
fairness, using the procedures in Secs. 1006.311 through 1006.314.



Sec. 1006.311  Investigation and referral.

    Information concerning the existence of a cause for debarment from 
any source shall be promptly reported, investigated, and referred, when 
appropriate, to the debarring official for consideration. After 
consideration, the debarring official may issue a notice of proposed 
debarment.



Sec. 1006.312  Notice of proposed debarment.

    A debarment proceeding shall be initiated by notice to the 
respondent advising:
    (a) That debarment is being considered;
    (b) Of the reasons for the proposed debarment in terms sufficient to 
put the respondent on notice of the conduct or transaction(s) upon which 
it is based;
    (c) Of the cause(s) relied upon under Sec. 1006.305 for proposing 
debarment;

[[Page 434]]

    (d) Of the provisions of Sec. 1006.311 through Sec. 1006.314, and 
any other Inter-American Foundation procedures, if applicable, governing 
debarment decisionmaking; and
    (e) Of the potential effect of a debarment.



Sec. 1006.313  Opportunity to contest proposed debarment.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of proposed debarment, the respondent may submit, in person, in 
writing, or through a representative, information and argument in 
opposition to the proposed debarment.
    (b) Additional proceedings as to disputed material facts. (1) In 
actions not based upon a conviction or civil judgment, if the debarring 
official finds that the respondent's submission in opposition raises a 
genuine dispute over facts material to the proposed debarment, 
respondent(s) shall be afforded an opportunity to appear with a 
representative, submit documentary evidence, present witnesses, and 
confront any witness the agency presents.
    (2) A transcribed record of any additional proceedings shall be made 
available at cost to the respondent, upon request, unless the respondent 
and the agency, by mutual agreement, waive the requirement for a 
transcript.



Sec. 1006.314  Debarring official's decision.

    (a) No additional proceedings necessary. In actions based upon a 
conviction or civil judgment, or in which there is no genuine dispute 
over material facts, the debarring official shall make a decision on the 
basis of all the information in the administrative record, including any 
submission made by the respondent. The decision shall be made within 45 
days after receipt of any information and argument submitted by the 
respondent, unless the debarring official extends this period for good 
cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The debarring 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The debarring official may refer disputed material facts to 
another official for findings of fact. The debarring official may reject 
any such findings, in whole or in part, only after specifically 
determining them to be arbitrary and capricious or clearly erroneous.
    (3) The debarring official's decision shall be made after the 
conclusion of the proceedings with respect to disputed facts.
    (c) (1) Standard of proof. In any debarment action, the cause for 
debarment must be established by a preponderance of the evidence. Where 
the proposed debarment is based upon a conviction or civil judgment, the 
standard shall be deemed to have been met.
    (2) Burden of proof. The burden of proof is on the agency proposing 
debarment.
    (d) Notice of debarring official's decision. (1) If the debarring 
official decides to impose debarment, the respondent shall be given 
prompt notice:
    (i) Referring to the notice of proposed debarment;
    (ii) Specifying the reasons for debarment;
    (iii) Stating the period of debarment, including effective dates; 
and
    (iv) Advising that the debarment is effective for covered 
transactions throughout the executive branch of the Federal Government 
unless an agency head or an authorized designee makes the determination 
referred to in Sec. 1006.215.
    (2) If the debarring official decides not to impose debarment, the 
respondent shall be given prompt notice of that decision. A decision not 
to impose debarment shall be without prejudice to a subsequent 
imposition of debarment by any other agency.



Sec. 1006.315  Settlement and voluntary exclusion.

    (a) When in the best interest of the Government, Inter-American 
Foundation may, at any time, settle a debarment or suspension action.
    (b) If a participant and the agency agree to a voluntary exclusion 
of the participant, such voluntary exclusion shall be entered on the 
Nonprocurement List (see subpart E).

[[Page 435]]



Sec. 1006.320  Period of debarment.

    (a) Debarment shall be for a period commensurate with the 
seriousness of the cause(s). If a suspension precedes a debarment, the 
suspension period shall be considered in determining the debarment 
period.
    (1) Debarment for causes other than those related to a violation of 
the requirements of subpart F of this part generally should not exceed 
three years. Where circumstances warrant, a longer period of debarment 
may be imposed.
    (2) In the case of a debarment for a violation of the requirements 
of subpart F of this part (see Sec. 1006.305(c)(5)), the period of 
debarment shall not exceed five years.
    (b) The debarring official may extend an existing debarment for an 
additional period, if that official determines that an extension is 
necessary to protect the public interest.
    However, a debarment may not be extended solely on the basis of the 
facts and circumstances upon which the initial debarment action was 
based. If debarment for an additional period is determined to be 
necessary, the procedures of Secs. 1006.311 through 1006.314 shall be 
followed to extend the debarment.
    (c) The respondent may request the debarring official to reverse the 
debarment decision or to reduce the period or scope of debarment. Such a 
request shall be in writing and supported by documentation. The 
debarring official may grant such a request for reasons including, but 
not limited to:
    (1) Newly discovered material evidence;
    (2) Reversal of the conviction or civil judgment upon which the 
debarment was based;
    (3) Bona fide change in ownership or management;
    (4) Elimination or other causes for which the debarment was imposed; 
or
    (5) Other reasons the debarring official deems appropriate.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 54 FR 4950, 4956, Jan. 
31, 1989]



Sec. 1006.325  Scope of debarment.

    (a) Scope in general. (1) Debarment of a person under these 
regulations constitutes debarment of all its divisions and other 
organizational elements from all covered transactions, unless the 
debarment decision is limited by its terms to one or more specifically 
identified individuals, divisions or other organizational elements or to 
specific types of transactions.
    (2) The debarment action may include any affiliate of the 
participant that is specifically named and given notice of the proposed 
debarment and an opportunity to respond (see Secs. 1006.311 through 
1006.314).
    (b) Imputing conduct. For purposes of determining the scope of 
debarment, conduct may be imputed as follows:
    (1) Conduct imputed to participant. The fraudulent, criminal or 
other seriously improper conduct of any officer, director, shareholder, 
partner, employee, or other individual associated with a participant may 
be imputed to the participant when the conduct occurred in connection 
with the individual's performance of duties for or on behalf of the 
participant, or with the participant's knowledge, approval, or 
acquiescence. The participant's acceptance of the benefits derived from 
the conduct shall be evidence of such knowledge, approval, or 
acquiescence.
    (2) Conduct imputed to individuals associated with participant. The 
fraudulent, criminal, or other seriously improper conduct of a 
participant may be imputed to any officer, director, shareholder, 
partner, employee, or other individual associated with the participant 
who participated in, knew of, or had reason to know of the participant's 
conduct.
    (3) Conduct of one participant imputed to other participants in a 
joint venture. The fraudulent, criminal, or other seriously improper 
conduct of one participant in a joint venture, grant pursuant to a joint 
application, or similar arrangement or with the knowledge, approval, or 
acquiescence of these participants. Acceptance of the benefits derived 
from the conduct shall be evidence of such knowledge, approval, or 
acquiescence.

[[Page 436]]



                          Subpart D--Suspension



Sec. 1006.400  General.

    (a) The suspending official may suspend a person from any of the 
causes in Sec. 1006.405 using procedures established in Secs. 1006.410 
through 1006.413.
    (b) Suspension is a serious action to be imposed only when:
    (1) There exists adequate evidence of one or more of the causes set 
out in Sec. 1006.405, and
    (2) Immediate action is necessary to protect the public interest.
    (c) In assessing the adequacy of the evidence, the agency should 
consider how much information is available, how credible it is given the 
circumstances, whether or not important allegations are corroborated, 
and what inferences can reasonably be drawn as a result. This assessment 
should include an examination of basic documents such as grants, 
cooperative agreements, loan authorizations, and contracts.



Sec. 1006.405  Causes for suspension.

    (a) Suspension may be imposed in accordance  with  the  provisions  
of  Secs. 1006.400 through 1006.413 upon adequate evidence:
    (1) To suspect the commission of an offense listed in 
Sec. 1006.305(a); or
    (2) That a cause for debarment under Sec. 1006.305 may exist.
    (b) Indictment shall constitute adequte evidence for purposes of 
suspension actions.



Sec. 1006.410  Procedures.

    (a) Investigation and referral. Information concerning the existence 
of a cause for suspension from any source shall be promptly reported, 
investigated, and referred, when appropriate, to the suspending official 
for consideration. After consideration, the suspending official may 
issue a notice of suspension.
    (b) Decisionmaking process. Inter-American Foundation shall process 
suspension actions as informally as practicable, consistent with 
principles of fundamental fairness, using the procedures in 
Sec. 1006.411 through Sec. 1006.413.



Sec. 1006.411  Notice of suspension.

    When a respondent is suspended, notice shall immediately be given:
    (a) That suspension has been imposed;
    (b) That the suspension is based on an indictment, conviction, or 
other adequate evidence that the respondent has committed irregularities 
seriously reflecting on the propriety of further Federal Government 
dealings with the respondent;
    (c) Describing any such irregularities in terms sufficient to put 
the respondent on notice without disclosing the Federal Government's 
evidence;
    (d) Of the cause(s) relied upon under Sec. 1006.405 for imposing 
suspension;
    (e) That the suspension is for a temporary period pending the 
completion of an investigation or ensuing legal, debarment, or Program 
Fraud Civil Remedies Act proceedings;
    (f) Of the provisions of Sec. 1006.411 through Sec. 1006.413 and any 
other Inter-American Foundation procedures, if applicable, governing 
suspension decisionmaking; and
    (g) Of the effect of the suspension.



Sec. 1006.412  Opportunity to contest suspension.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of suspension, the respondent may submit, in person, in writing, 
or through a representative, information and argument in opposition to 
the suspension.
    (b) Additional proceedings as to disputed material facts. (1) If the 
suspending official finds that the respondent's submission in opposition 
raises a genuine dispute over facts material to the suspension, 
respondent(s) shall be afforded an opportunity to appear with a 
representative, submit documentary evidence, present witnesses, and 
confront any witness the agency presents, unless:
    (i) The action is based on an indictment, conviction or civil 
judgment, or
    (ii) A determination is made, on the basis of Department of Justice 
advice, that the substantial interests of the Federal Government in 
pending or contemplated legal proceedings based on the same facts as the 
suspension would be prejudiced.

[[Page 437]]

    (2) A transcribed record of any additional proceedings shall be 
prepared and made available at cost to the respondent, upon request, 
unless the respondent and the agency, by mutual agreement, waive the 
requirement for a transcript.



Sec. 1006.413  Suspending official's decision.

    The suspending official may modify or terminate the suspension (for 
example, see Sec. 1006.320(c) for reasons for reducing the period or 
scope of debarment) or may leave it in force. However, a decision to 
modify or terminate the suspension shall be without prejudice to the 
subsequent imposition of suspension by any other agency or debarment by 
any agency. The decision shall be rendered in accordance with the 
following provisions:
    (a) No additional proceedings necessary. In actions: based on an 
indictment, conviction, or civil judgment; in which there is no genuine 
dispute over material facts; or in which additional proceedings to 
determine disputed material facts have been denied on the basis of 
Department of Justice advice, the suspending official shall make a 
decision on the basis of all the information in the administrative 
record, including any submission made by the respondent. The decision 
shall be made within 45 days after receipt of any information and 
argument submitted by the respondent, unless the suspending official 
extends this period for good cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The suspending 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The suspending official may refer matters involving disputed 
material facts to another official for findings of fact. The suspending 
official may reject any such findings, in whole or in part, only after 
specificially determining them to be arbitrary or capricious or clearly 
erroneous.
    (c) Notice of suspending official's decision. Prompt written notice 
of the suspending official's decision shall be sent to the respondent.



Sec. 1006.415  Period of suspension.

    (a) Suspension shall be for a temporary period pending the 
completion of an investigation or ensuring legal, debarment, or Program 
Fraud Civil Remedies Act proceedings, unless terminated sooner by the 
suspending official or as provided in paragraph (b) of this section.
    (b) If legal or administrative proceedings are not initiated within 
12 months after the date of the suspension notice, the suspension shall 
be terminated unless an Assistant Attorney General or United States 
Attorney requests its extension in writing, in which case it may be 
extended for an additional six months. In no event may a suspension 
extend beyond 18 months, unless such proceedings have been initiated 
within that period.
    (c) The suspending official shall notify the Department of Justice 
of an impending termination of a suspension, at least 30 days before the 
12-month period expires, to give that Department an opportunity to 
request an extension.



Sec. 1006.420  Scope of suspension.

    The scope of a suspension is the same as the scope of a debarment 
(see Sec. 1006.325), except that the procedures of Secs. 1006.410 
through 1006.413 shall be used in imposing a suspension.



       Subpart E--Responsibilities of GSA, Agency and Participants



Sec. 1006.500  GSA responsibilities.

    (a) In accordance with the OMB guidelines, GSA shall compile, 
maintain, and distribute a list of all persons who have been debarred, 
suspended, or voluntarily excluded by agencies under Executive Order 
12549 and these regulations, and those who have been determined to be 
ineligible.
    (b) At a minimum, this list shall indicate:
    (1) The names and addresses of all debarred, suspended, ineligible, 
and voluntarily excluded persons, in alphabetical order, with cross-
references when more than one name is involved in a single action;

[[Page 438]]

    (2) The type of action;
    (3) The cause for the action;
    (4) The scope of the action;
    (5) Any termination date for each listing; and
    (6) The agency and name and telephone number of the agency point of 
contact for the action.



Sec. 1006.505  Inter-American Foundation responsibilities.

    (a) The agency shall provide GSA with current information concerning 
debarments, suspensions, determinations of ineligibility, and voluntary 
exclusions it has taken. Until February 18, 1989, the agency shall also 
provide GSA and OMB with information concerning all transactions in 
which Inter-American Foundation has granted exceptions under 
Sec. 1006.215 permitting participation by debarred, suspended, or 
voluntarily excluded persons.
    (b) Unless an alternative schedule is agreed to by GSA, the agency 
shall advise GSA of the information set forth in Sec. 1006.500(b) and of 
the exceptions granted under Sec. 1006.215 within five working days 
after taking such actions.
    (c) The agency shall direct inquiries concerning listed persons to 
the agency that took the action.
    (d) Agency officials shall check the Nonprocurement List before 
entering covered transactions to determine whether a participant in a 
primary transaction is debarred, suspended, ineligible, or voluntarily 
excluded (Tel. ).
    (e) Agency officials shall check the Nonprocurement List before 
approving principals or lower tier participants where agency approval of 
the principal or lower tier participant is required under the terms of 
the transaction, to determine whether such principals or participants 
are debarred, suspended, ineligible, or voluntarily excluded.



Sec. 1006.510  Participants' responsibilities.

    (a) Certification by participants in primary covered transactions. 
Each participant shall submit the certification in appendix A to this 
part for it and its principals at the time the participant submits its 
proposal in connection with a primary covered transaction, except that 
States need only complete such certification as to their principals. 
Participants may decide the method and frequency by which they determine 
the eligibility of their principals. In addition, each participant may, 
but is not required to, check the Nonprocurement List for its principals 
(Tel. ). Adverse information on the certification will not necessarily 
result in denial of participation. However, the certification, and any 
additional information pertaining to the certification submitted by the 
participant, shall be considered in the administration of covered 
transactions.
    (b) Certification by participants in lower tier covered 
transactions. (1) Each participant shall require participants in lower 
tier covered transactions to include the certification in appendix B to 
this part for it and its principals in any proposal submitted in 
connection with such lower tier covered transactions.
    (2) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, ineligible, or voluntarily 
excluded from the covered transaction by any Federal agency, unless it 
knows that the certification is erroneous. Participants may decide the 
method and frequency by which they determine the eligibility of their 
principals. In addition, a participant may, but is not required to, 
check the Nonprocurement List for its principals and for participants 
(Tel. ).
    (c) Changed circumstances regarding certification. A participant 
shall provide immediate written notice to Inter-American Foundation if 
at any time the participant learns that its certification was erroneous 
when submitted or has become erroneous by reason of changed 
circumstances. Participants in lower tier covered transactions shall 
provide the same updated notice to the participant to which it submitted 
its proposal.



          Subpart F--Drug-Free Workplace Requirements (Grants)

    Source: 55 FR 21688, 21694, May 25, 1990, unless otherwise noted.

[[Page 439]]



Sec. 1006.600  Purpose.

    (a) The purpose of this subpart is to carry out the Drug-Free 
Workplace Act of 1988 by requiring that--
    (1) A grantee, other than an individual, shall certify to the agency 
that it will provide a drug-free workplace;
    (2) A grantee who is an individual shall certify to the agency that, 
as a condition of the grant, he or she will not engage in the unlawful 
manufacture, distribution, dispensing, possession or use of a controlled 
substance in conducting any activity with the grant.
    (b) Requirements implementing the Drug-Free Workplace Act of 1988 
for contractors with the agency are found at 48 CFR subparts 9.4, 23.5, 
and 52.2.



Sec. 1006.605  Definitions.

    (a) Except as amended in this section, the definitions of 
Sec. 1006.105 apply to this subpart.
    (b) For purposes of this subpart--
    (1) Controlled substance means a controlled substance in schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812), and as 
further defined by regulation at 21 CFR 1308.11 through 1308.15;
    (2) Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    (3) Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    (4) Drug-free workplace means a site for the performance of work 
done in connection with a specific grant at which employees of the 
grantee are prohibited from engaging in the unlawful manufacture, 
distribution, dispensing, possession, or use of a controlled substance;
    (5) Employee means the employee of a grantee directly engaged in the 
performance of work under the grant, including:
    (i) All direct charge employees;
    (ii) All indirect charge employees, unless their impact or 
involvement is insignificant to the performance of the grant; and,
    (iii) Temporary personnel and consultants who are directly engaged 
in the performance of work under the grant and who are on the grantee's 
payroll.

This definition does not include workers not on the payroll of the 
grantee (e.g., volunteers, even if used to meet a matching requirement; 
consultants or independent contractors not on the payroll; or employees 
of subrecipients or subcontractors in covered workplaces);
    (6) Federal agency or agency means any United States executive 
department, military department, government corporation, government 
controlled corporation, any other establishment in the executive branch 
(including the Executive Office of the President), or any independent 
regulatory agency;
    (7) Grant means an award of financial assistance, including a 
cooperative agreement, in the form of money, or property in lieu of 
money, by a Federal agency directly to a grantee. The term grant 
includes block grant and entitlement grant programs, whether or not 
exempted from coverage under the grants management government-wide 
common rule on uniform administrative requirements for grants and 
cooperative agreements. The term does not include technical assistance 
that provides services instead of money, or other assistance in the form 
of loans, loan guarantees, interest subsidies, insurance, or direct 
appropriations; or any veterans' benefits to individuals, i.e., any 
benefit to veterans, their families, or survivors by virtue of the 
service of a veteran in the Armed Forces of the United States;
    (8) Grantee means a person who applies for or receives a grant 
directly from a Federal agency (except another Federal agency);
    (9) Individual means a natural person;
    (10) State means any of the States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of

[[Page 440]]

local government. A State instrumentality will be considered part of the 
State government if it has a written determination from a State 
government that such State considers the instrumentality to be an agency 
of the State government.



Sec. 1006.610  Coverage.

    (a) This subpart applies to any grantee of the agency.
    (b) This subpart applies to any grant, except where application of 
this subpart would be inconsistent with the international obligations of 
the United States or the laws or regulations of a foreign government. A 
determination of such inconsistency may be made only by the agency head 
or his/her designee.
    (c) The provisions of subparts A, B, C, D and E of this part apply 
to matters covered by this subpart, except where specifically modified 
by this subpart. In the event of any conflict between provisions of this 
subpart and other provisions of this part, the provisions of this 
subpart are deemed to control with respect to the implementation of 
drug-free workplace requirements concerning grants.



Sec. 1006.615  Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment.

    A grantee shall be deemed in violation of the requirements of this 
subpart if the agency head or his or her official designee determines, 
in writing, that--
    (a) The grantee has made a false certification under Sec. 1006.630;
    (b) With respect to a grantee other than an individual--
    (1) The grantee has violated the certification by failing to carry 
out the requirements of paragraphs (A)(a)-(g) and/or (B) of the 
certification (Alternate I to appendix C) or
    (2) Such a number of employees of the grantee have been convicted of 
violations of criminal drug statutes for violations occurring in the 
workplace as to indicate that the grantee has failed to make a good 
faith effort to provide a drug-free workplace.
    (c) With respect to a grantee who is an individual--
    (1) The grantee has violated the certification by failing to carry 
out its requirements (Alternate II to appendix C); or
    (2) The grantee is convicted of a criminal drug offense resulting 
from a violation occurring during the conduct of any grant activity.



Sec. 1006.620  Effect of violation.

    (a) In the event of a violation of this subpart as provided in 
Sec. 1006.615, and in accordance with applicable law, the grantee shall 
be subject to one or more of the following actions:
    (1) Suspension of payments under the grant;
    (2) Suspension or termination of the grant; and
    (3) Suspension or debarment of the grantee under the provisions of 
this part.
    (b) Upon issuance of any final decision under this part requiring 
debarment of a grantee, the debarred grantee shall be ineligible for 
award of any grant from any Federal agency for a period specified in the 
decision, not to exceed five years (see Sec. 1006.320(a)(2) of this 
part).



Sec. 1006.625  Exception provision.

    The agency head may waive with respect to a particular grant, in 
writing, a suspension of payments under a grant, suspension or 
termination of a grant, or suspension or debarment of a grantee if the 
agency head determines that such a waiver would be in the public 
interest. This exception authority cannot be delegated to any other 
official.



Sec. 1006.630  Certification requirements and procedures.

    (a)(1) As a prior condition of being awarded a grant, each grantee 
shall make the appropriate certification to the Federal agency providing 
the grant, as provided in appendix C to this part.
    (2) Grantees are not required to make a certification in order to 
continue receiving funds under a grant awarded before March 18, 1989, or 
under a no-cost time extension of such a grant. However, the grantee 
shall make a one-time drug-free workplace certification for a non-
automatic continuation of

[[Page 441]]

such a grant made on or after March 18, 1989.
    (b) Except as provided in this section, all grantees shall make the 
required certification for each grant. For mandatory formula grants and 
entitlements that have no application process, grantees shall submit a 
one-time certification in order to continue receiving awards.
    (c) A grantee that is a State may elect to make one certification in 
each Federal fiscal year. States that previously submitted an annual 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. Except as provided in paragraph (d) of this 
section, this certification shall cover all grants to all State agencies 
from any Federal agency. The State shall retain the original of this 
statewide certification in its Governor's office and, prior to grant 
award, shall ensure that a copy is submitted individually with respect 
to each grant, unless the Federal agency has designated a central 
location for submission.
    (d)(1) The Governor of a State may exclude certain State agencies 
from the statewide certification and authorize these agencies to submit 
their own certifications to Federal agencies. The statewide 
certification shall name any State agencies so excluded.
    (2) A State agency to which the statewide certification does not 
apply, or a State agency in a State that does not have a statewide 
certification, may elect to make one certification in each Federal 
fiscal year. State agencies that previously submitted a State agency 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. The State agency shall retain the original of 
this State agency-wide certification in its central office and, prior to 
grant award, shall ensure that a copy is submitted individually with 
respect to each grant, unless the Federal agency designates a central 
location for submission.
    (3) When the work of a grant is done by more than one State agency, 
the certification of the State agency directly receiving the grant shall 
be deemed to certify compliance for all workplaces, including those 
located in other State agencies.
    (e)(1) For a grant of less than 30 days performance duration, 
grantees shall have this policy statement and program in place as soon 
as possible, but in any case by a date prior to the date on which 
performance is expected to be completed.
    (2) For a grant of 30 days or more performance duration, grantees 
shall have this policy statement and program in place within 30 days 
after award.
    (3) Where extraordinary circumstances warrant for a specific grant, 
the grant officer may determine a different date on which the policy 
statement and program shall be in place.



Sec. 1006.635  Reporting of and employee sanctions for convictions of criminal drug offenses.

    (a) When a grantee other than an individual is notified that an 
employee has been convicted for a violation of a criminal drug statute 
occurring in the workplace, it shall take the following actions:
    (1) Within 10 calendar days of receiving notice of the conviction, 
the grantee shall provide written notice, including the convicted 
employee's position title, to every grant officer, or other designee on 
whose grant activity the convicted employee was working, unless a 
Federal agency has designated a central point for the receipt of such 
notifications. Notification shall include the identification number(s) 
for each of the Federal agency's affected grants.
    (2) Within 30 calendar days of receiving notice of the conviction, 
the grantee shall do the following with respect to the employee who was 
convicted.
    (i) Take appropriate personnel action against the employee, up to 
and including termination, consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (ii) Require the employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency.
    (b) A grantee who is an individual who is convicted for a violation 
of a criminal drug statute occurring during the conduct of any grant 
activity shall

[[Page 442]]

report the conviction, in writing, within 10 calendar days, to his or 
her Federal agency grant officer, or other designee, unless the Federal 
agency has designated a central point for the receipt of such notices. 
Notification shall include the identification number(s) for each of the 
Federal agency's affected grants.

(Approved by the Office of Management and Budget under control number 
0991-0002)

Appendix A to Part 1006--Certification Regarding Debarment, Suspension, 
     and Other Responsibility Matters--Primary Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective primary 
participant is providing the certification set out below.
    2. The inability of a person to provide the certification required 
below will not necessarily result in denial of participation in this 
covered transaction. The prospective participant shall submit an 
explanation of why it cannot provide the certification set out below. 
The certification or explanation will be considered in connection with 
the department or agency's determination whether to enter into this 
transaction. However, failure of the prospective primary participant to 
furnish a certification or an explanation shall disqualify such person 
from participation in this transaction.
    3. The certification in this clause is a material representation of 
fact upon which reliance was placed when the department or agency 
determined to enter into this transaction. If it is later determined 
that the prospective primary participant knowingly rendered an erroneous 
certification, in addition to other remedies available to the Federal 
Government, the department or agency may terminate this transaction for 
cause or default.
    4. The prospective primary participant shall provide immediate 
written notice to the department or agency to which this proposal is 
submitted if at any time the prospective primary participant learns that 
its certification was erroneous when submitted or has become erroneous 
by reason of changed circumstances.
    5. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meanings set out in the Definitions and Coverage 
sections of the rules implementing Executive Order 12549. You may 
contact the department or agency to which this proposal is being 
submitted for assistance in obtaining a copy of those regulations.
    6. The prospective primary participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment under 48 CFR part 9, subpart 
9.4, debarred, suspended, declared ineligible, or voluntarily excluded 
from participation in this covered transaction, unless authorized by the 
department or agency entering into this transaction.
    7. The prospective primary participant further agrees by submitting 
this proposal that it will include the clause titled ``Certification 
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction,'' provided by the department or agency 
entering into this covered transaction, without modification, in all 
lower tier covered transactions and in all solicitations for lower tier 
covered transactions.
    8. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from the covered transaction, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    9. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.
    10. Except for transactions authorized under paragraph 6 of these 
instructions, if a participant in a covered transaction knowingly enters 
into a lower tier covered transaction with a person who is proposed for 
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, 
ineligible, or voluntarily excluded from participation in this 
transaction, in addition to other remedies available to the Federal 
Government, the department or agency may terminate this transaction for 
cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility 
                  Matters--Primary Covered Transactions

    (1) The prospective primary participant certifies to the best of its 
knowledge and belief, that it and its principals:

[[Page 443]]

    (a) Are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded by any Federal department 
or agency;
    (b) Have not within a three-year period preceding this proposal been 
convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State or local) 
transaction or contract under a public transaction; violation of Federal 
or State antitrust statutes or commission of embezzlement, theft, 
forgery, bribery, falsification or destruction of records, making false 
statements, or receiving stolen property;
    (c) Are not presently indicted for or otherwise criminally or 
civilly charged by a governmental entity (Federal, State or local) with 
commission of any of the offenses enumerated in paragraph (1)(b) of this 
certification; and
    (d) Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State or local) 
terminated for cause or default.
    (2) Where the prospective primary participant is unable to certify 
to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33046, June 26, 1995]

Appendix B to Part 1006--Certification Regarding Debarment, Suspension, 
 Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective lower 
tier participant is providing the certification set out below.
    2. The certification in this clause is a material representation of 
fact upon which reliance was placed when this transaction was entered 
into. If it is later determined that the prospective lower tier 
participant knowingly rendered an erroneous certification, in addition 
to other remedies available to the Federal Government the department or 
agency with which this transaction originated may pursue available 
remedies, including suspension and/or debarment.
    3. The prospective lower tier participant shall provide immediate 
written notice to the person to which this proposal is submitted if at 
any time the prospective lower tier participant learns that its 
certification was erroneous when submitted or had become erroneous by 
reason of changed circumstances.
    4. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meaning set out in the Definitions and Coverage 
sections of rules implementing Executive Order 12549. You may contact 
the person to which this proposal is submitted for assistance in 
obtaining a copy of those regulations.
    5. The prospective lower tier participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment under 48 CFR part 9, subpart 
9.4, debarred, suspended, declared ineligible, or voluntarily excluded 
from participation in this covered transaction, unless authorized by the 
department or agency with which this transaction originated.
    6. The prospective lower tier participant further agrees by 
submitting this proposal that it will include this clause titled 
``Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion-Lower Tier Covered Transaction,'' without 
modification, in all lower tier covered transactions and in all 
solicitations for lower tier covered transactions.
    7. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from covered transactions, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    8. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.
    9. Except for transactions authorized under paragraph 5 of these 
instructions, if a participant in a covered transaction knowingly enters 
into a lower tier covered transaction with a person who is proposed for 
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, 
ineligible, or voluntarily excluded from participation in this 
transaction, in addition to other remedies available to the Federal 
Government, the department or agency with which this transaction 
originated may pursue available remedies, including suspension and/or 
debarment.

[[Page 444]]

    Certification Regarding Debarment, Suspension, Ineligibility an 
          Voluntary Exclusion--Lower Tier Covered Transactions

    (1) The prospective lower tier participant certifies, by submission 
of this proposal, that neither it nor its principals is presently 
debarred, suspended, proposed for debarment, declared ineligible, or 
voluntarily excluded from participation in this transaction by any 
Federal department or agency.
    (2) Where the prospective lower tier participant is unable to 
certify to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33046, June 26, 1995]

  Appendix C to Part 1006--Certification Regarding Drug-Free Workplace 
                              Requirements

                     Instructions for Certification

    1. By signing and/or submitting this application or grant agreement, 
the grantee is providing the certification set out below.
    2. The certification set out below is a material representation of 
fact upon which reliance is placed when the agency awards the grant. If 
it is later determined that the grantee knowingly rendered a false 
certification, or otherwise violates the requirements of the Drug-Free 
Workplace Act, the agency, in addition to any other remedies available 
to the Federal Government, may take action authorized under the Drug-
Free Workplace Act.
    3. For grantees other than individuals, Alternate I applies.
    4. For grantees who are individuals, Alternate II applies.
    5. Workplaces under grants, for grantees other than individuals, 
need not be identified on the certification. If known, they may be 
identified in the grant application. If the grantee does not identify 
the workplaces at the time of application, or upon award, if there is no 
application, the grantee must keep the identity of the workplace(s) on 
file in its office and make the information available for Federal 
inspection. Failure to identify all known workplaces constitutes a 
violation of the grantee's drug-free workplace requirements.
    6. Workplace identifications must include the actual address of 
buildings (or parts of buildings) or other sites where work under the 
grant takes place. Categorical descriptions may be used (e.g., all 
vehicles of a mass transit authority or State highway department while 
in operation, State employees in each local unemployment office, 
performers in concert halls or radio studios).
    7. If the workplace identified to the agency changes during the 
performance of the grant, the grantee shall inform the agency of the 
change(s), if it previously identified the workplaces in question (see 
paragraph five).
    8. Definitions of terms in the Nonprocurement Suspension and 
Debarment common rule and Drug-Free Workplace common rule apply to this 
certification. Grantees' attention is called, in particular, to the 
following definitions from these rules:
    Controlled substance means a controlled substance in Schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812) and as 
further defined by regulation (21 CFR 1308.11 through 1308.15);
    Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    Employee means the employee of a grantee directly engaged in the 
performance of work under a grant, including: (i) All direct charge 
employees; (ii) All indirect charge employees unless their impact or 
involvement is insignificant to the performance of the grant; and, (iii) 
Temporary personnel and consultants who are directly engaged in the 
performance of work under the grant and who are on the grantee's 
payroll. This definition does not include workers not on the payroll of 
the grantee (e.g., volunteers, even if used to meet a matching 
requirement; consultants or independent contractors not on the grantee's 
payroll; or employees of subrecipients or subcontractors in covered 
workplaces).

        Certification Regarding Drug-Free Workplace Requirements

             Alternate I. (Grantees Other Than Individuals)

    A. The grantee certifies that it will or will continue to provide a 
drug-free workplace by:
    (a) Publishing a statement notifying employees that the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance is prohibited in the grantee's workplace and 
specifying the actions that will be taken against employees for 
violation of such prohibition;
    (b) Establishing an ongoing drug-free awareness program to inform 
employees about--
    (1) The dangers of drug abuse in the workplace;
    (2) The grantee's policy of maintaining a drug-free workplace;
    (3) Any available drug counseling, rehabilitation, and employee 
assistance programs; and

[[Page 445]]

    (4) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (c) Making it a requirement that each employee to be engaged in the 
performance of the grant be given a copy of the statement required by 
paragraph (a);
    (d) Notifying the employee in the statement required by paragraph 
(a) that, as a condition of employment under the grant, the employee 
will--
    (1) Abide by the terms of the statement; and
    (2) Notify the employer in writing of his or her conviction for a 
violation of a criminal drug statute occurring in the workplace no later 
than five calendar days after such conviction;
    (e) Notifying the agency in writing, within ten calendar days after 
receiving notice under paragraph (d)(2) from an employee or otherwise 
receiving actual notice of such conviction. Employers of convicted 
employees must provide notice, including position title, to every grant 
officer or other designee on whose grant activity the convicted employee 
was working, unless the Federal agency has designated a central point 
for the receipt of such notices. Notice shall include the identification 
number(s) of each affected grant;
    (f) Taking one of the following actions, within 30 calendar days of 
receiving notice under paragraph (d)(2), with respect to any employee 
who is so convicted--
    (1) Taking appropriate personnel action against such an employee, up 
to and including termination, consistent with the requirements of the 
Rehabilitation Act of 1973, as amended; or
    (2) Requiring such employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency;
    (g) Making a good faith effort to continue to maintain a drug-free 
workplace through implementation of paragraphs (a), (b), (c), (d), (e) 
and (f).
    B. The grantee may insert in the space provided below the site(s) 
for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

Check {time}  if there are workplaces on file that are not identified 
here.

              Alternate II. (Grantees Who Are Individuals)

    (a) The grantee certifies that, as a condition of the grant, he or 
she will not engage in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance in conducting 
any activity with the grant;
    (b) If convicted of a criminal drug offense resulting from a 
violation occurring during the conduct of any grant activity, he or she 
will report the conviction, in writing, within 10 calendar days of the 
conviction, to every grant officer or other designee, unless the Federal 
agency designates a central point for the receipt of such notices. When 
notice is made to such a central point, it shall include the 
identification number(s) of each affected grant.

[55 FR 21690, 21694, May 25, 1990]



PART 1007--SALARY OFFSET--Table of Contents




1007.1  Purpose and scope.
1007.2  Definitions.
1007.3  Applicability.
1007.4  Notice requirements.
1007.5  Hearing.
1007.6  Written decision.
1007.7  Coordinating offset with another Federal agency.
1007.8  Procedures for salary offset.
1007.9  Refunds.
1007.10  Statute of limitations.
1007.11  Non-waiver of rights.
1007.12  Interest, penalties, and administrative costs.

    Authority: 5 U.S.C. 5514, E.O. 12107, 3 CFR, 1978 Comp., p. 264; 5 
CFR part 550, subpart K, and 22 U.S.C. 290f(e)(11).

Source: 57 FR 2837, Jan. 24, 1992, unless otherwise noted.



Sec. 1007.1   Purpose and scope.

    (a) This regulation provides procedures for the collection by 
administrative offset of a federal employee's salary without his/her 
consent to satisfy certain debts owed to the federal government. These 
regulations apply to all federal employees who owe debts to the Inter-
American Foundation (IAF) and to current employees of the Inter-American 
Foundation who owe debts to other federal agencies. This regulation does 
not apply when the employee consents to recovery from his/her current 
pay account.
    (b) This regulation does not apply to debts or claims arising under:
    (1) The Internal Revenue Code of 1954, as amended, 26 U.S.C. 1 et 
seq.;
    (2) The Social Security Act, 42 U.S.C. 301 et seq.;
    (3) The tariff laws of the United States; or

[[Page 446]]

    (4) Any case where a collection of a debt by salary offset is 
explicitly provided for or prohibited by another statute.
    (c) This regulation does not apply to any adjustment to pay arising 
out of an employee's selection of coverage or a change in coverage under 
a federal benefits program requiring periodic deductions from pay if the 
amount to be recovered was accumulated over four pay periods or less.
    (d) This regulation does not preclude the compromise, suspension, or 
termination of collection action where appropriate under the standards 
implementing the Federal Claims Collection Act, 31 U.S.C. 3711 et seq., 
4 CFR parts 101 through 105, 45 CFR part 1177.
    (e) This regulation does not preclude an employee from requesting 
waiver of an overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774 or 32 
U.S.C. 716 or in any way questioning the amount or validity of the debt 
by submitting a subsequent claim to the General Accounting Office. This 
regulation does not preclude an employee from requesting a waiver 
pursuant to other statutory provisions applicable to the particular debt 
being collected.
    (f) Matters not addressed in these regulations should be reviewed in 
accordance with the Federal Claims Collection Standards at 4 CFR 101.1 
et seq.



Sec. 1007.2   Definitions.

    For the purposes of the part, the following definitions will apply:
    Agency means an executive agency as defined at 5 U.S.C. 105 
including the U.S. Postal Service, the U.S. Postal Commission, a 
military department as defined at 5 U.S.C. 102, an agency or court in 
the judicial branch, an agency of the legislative branch including the 
U.S. Senate and House of Representatives and other independent 
establishments that are entities of the Federal government.
    Creditor Agency means the agency to which the debt is owed.
    Debt means an amount owed to the United States from sources which 
include loans insured or guaranteed by the United States and all other 
amounts due the United States from fees, leases, rents, royalties, 
services, sales of real or personal property, overpayments, penalties, 
damages, interests, fines, forfeitures (except those arising under the 
Uniform Code of Military Justice), and all other similar sources.
    Disposable pay means the amount that remains from an employee's 
federal pay after the required deductions for social security, federal, 
state or local income tax, health insurance premiums, retirement 
contributions, life insurance premiums, federal employment taxes, and 
any other deductions that are required to be withheld by law.
    Hearing official means an individual responsible for conducting any 
hearing with respect to the existence or amount of a debt claimed and 
who renders a decision on the basis of such hearing. A hearing official 
may not be under the supervision or control of the President of the 
Inter-American Foundation.
    Paying Agency means the agency that employs the individual who owes 
the debt and authorizes the payment of his/her current pay.
    President means the President of the Inter-American Foundation or 
the President's designee.
    Salary offset means an administrative offset to collect a debt 
pursuant to 5 U.S.C. 5514 by deduction(s) at one or more officially 
established pay intervals from the current pay account of an employee 
without his/her consent.



Sec. 1007.3   Applicability.

    (a) These regulations are to be followed when:
    (1) The Inter-American Foundation is owed a debt by an individual 
currently employed by another federal agency;
    (2) The Inter-American Foundation is owed a debt by an individual 
who is a current employee of the Inter-American Foundation; or
    (3) The Inter-American Foundation employs an individual who owes a 
debt to another federal agency.



Sec. 1007.4   Notice requirements.

    (a) Deductions shall not be made unless the employee is provided 
with written notice, signed by the President, of the debt at least 30 
days before salary offset commences.
    (b) The written notice shall contain:

[[Page 447]]

    (1) A statement that the debt is owed and an explanation of its 
nature and amount;
    (2) The agency's intention to collect the debt by deducting from the 
employee's current disposable pay account;
    (3) The amount, frequency, proposed beginning date, and duration of 
the intended deduction(s);
    (4) An explanation of interest, penalties, and administrative 
charges, including a statement that such charges will be assessed unless 
excused in accordance with the Federal Claims Collections Standards at 4 
CFR 101.1 et seq.;
    (5) The employee's right to inspect, request, and receive a copy of 
government records relating to the debt;
    (6) The opportunity to establish a written schedule for the 
voluntary repayment of the debt;
    (7) The right to a hearing conducted by an impartial hearing 
official;
    (8) The methods and time period for petitioning for hearings;
    (9) A statement that the timely filing of a petition for a hearing 
will stay the commencement of collection proceedings;
    (10) A statement that a final decision on the hearing will be issued 
not later than 60 days after the filing of the petition requesting the 
hearing unless the employee requests and the hearing official grants a 
delay in the proceedings;
    (11) A statement that knowingly false or frivolous statements, 
representations, or evidence may subject the employee to appropriate 
disciplinary procedures;
    (12) A statement of other rights and remedies available to the 
employee under statutes or regulations governing the program for which 
the collection is being made; and
    (13) Unless there are contractual or statutory provisions to the 
contrary, a statement that amounts paid on or deducted for the debt 
which are later waived or found not owed to the United States will be 
promptly refunded to the employee.



Sec. 1007.5  Hearing.

    (a) Request for hearing. (1) An employee must file a petition for a 
hearing in accordance with the instructions outlined in the agency's 
notice to offset.
    (2) A hearing may be requested by filing a written petition 
addressed to the President of the Inter-American Foundation stating why 
the employee disputes the existence or amount of the debt. The petition 
for a hearing must be received by the President no later than fifteen 
(15) calendar days after the date of the notice to offset unless the 
employee can show good cause for failing to meet the deadline date.
    (b) Hearing procedures. (1) The hearing will be presided over by an 
impartial hearing official.
    (2) The hearing shall conform to procedures contained in the Federal 
Claims Collection Standards, 4 CFR 102.3(c). The burden shall be on the 
employee to demonstrate that the existence or the amount of the debt is 
in error.



Sec. 1007.6  Written decision.

    (a) The hearing official shall issue a written opinion no later than 
60 days after the hearing.
    (b) The written opinion will include: a statement of the facts 
presented to demonstrate the nature and origin of the alleged debt; the 
hearing official's analysis, findings and conclusions; the amount and 
validity of the debt, and the repayment schedule.



Sec. 1007.7  Coordinating offset with another Federal agency.

    (a) The Inter-American Foundation as the creditor agency. (1) When 
the President determines that an employee of another federal agency owes 
a delinquent debt to the Inter-American Foundation, the President shall 
as appropriate:
    (i) Arrange for a hearing upon the proper petitioning by the 
employee;
    (ii) Certify to the paying agency in writing that the employee owes 
the debt, the amount and basis of the debt, the date on which payment is 
due, the date the Government's right to collect the debt accrued, and 
that Foundation regulations for salary offset have been approved by the 
Office of Personnel Management;
    (iii) If collection must be made in installments, the President must 
advise the paying agency of the amount or

[[Page 448]]

percentage of disposable pay to be collected in each installment;
    (iv) Advise the paying agency of the actions taken under 5 U.S.C. 
5514(b) and provide the dates on which action was taken unless the 
employee has consented to salary offset in writing or signed a statement 
acknowledging receipt of procedures required by law. The written consent 
or acknowledgment must be sent to the paying agency;
    (v) If the employee is in the process of separating, the Foundation 
must submit its debt claim to the paying agency as provided in this 
part. The paying agency must certify any amounts already collected, 
notify the employee, and send a copy of the certification and notice of 
the employee's separation to the Inter-American Foundation. If the 
paying agency is aware that the employee is entitled to payments from 
the Civil Service Retirement and Disability Fund or similar payments, it 
must certify to the agency responsible for making such payments the 
amount of the debt and that the provisions of 5 CFR 550.1108 have been 
followed; and
    (vi) If the employee has already separated and all the payments due 
from the paying agency have been paid, the President may request unless 
otherwise prohibited, that money payable to the employee from the Civil 
Service Retirement and Disability Fund or other similar funds be 
collected by administrative offset.
    (b) The Foundation as the paying agency. (1) Upon receipt of a 
properly certified debt claim from another agency, deductions will be 
scheduled to begin at the next established pay interval. The employee 
must receive written notice that the Inter-American Foundation has 
received a certified debt claim from the creditor agency, the amount of 
the debt, the date salary offset will begin, and the amount of the 
deduction(s). The Inter-American Foundation shall not review the merits 
of the creditor agency's determination of the validity or the amount of 
the certified claim.
    (2) If the employee transfers to another agency after the creditor 
agency has submitted its debt claim to the Inter-American Foundation and 
before the debt is collected completely, the Inter-American Foundation 
must certify the total amount collected. One copy of the certification 
must be furnished to the employee. A copy must be furnished to the 
creditor agency with notice of the employee's transfer.



Sec. 1007.8  Procedures for salary offset.

    (a) Deductions to liquidate an employee's debt will be by the method 
and in the amount stated in the President's notice of intention to 
offset as provided in Sec. 1007.4. Debts will be collected in one lump 
sum where possible. If the employee is financially unable to pay in one 
lump sum, collection must be made in installments.
    (b) Debts will be collected by deduction at officially established 
pay intervals from an employee's current pay account unless alternative 
arrangements for repayment are made.
    (c) Installment deductions will be made over a period not greater 
than the anticipated period of employment. The size of installment 
deductions must bear a reasonable relationship to the size of the debt 
and the employee's ability to pay. The deduction for the pay interval 
for any period must not exceed 15% of disposable pay unless the employee 
has agreed in writing to a deduction of a greater amount.
    (d) Unliquidated debts may be offset against any financial payment 
due to a separated employee including but not limited to final salary or 
leave payments in accordance with 31 U.S.C. 3716.



Sec. 1007.9  Refunds.

    (a) The Inter-American Foundation will refund promptly any amounts 
deducted to satisfy debts owed to the IAF when the debt is waived, found 
not owed to the IAF, or when directed by an administrative or judicial 
order.
    (b) The creditor agency will promptly return any amounts deducted by 
IAF to satisfy debts owed to the creditor agency when the debt is 
waived, found not owed, or when directed by an administrative or 
judicial order.
    (c) Unless required by law, refunds under this subsection shall not 
bear interest.

[[Page 449]]



Sec. 1007.10  Statute of limitations.

    If a debt has been outstanding for more than 10 years after the 
agency's right to collect the debt first accrued, the agency may not 
collect by salary offset unless facts material to the Government's right 
to collect were not known and could not reasonably have been known by 
the official or officials who were charged with the responsibility for 
discovery and collection of such debts.



Sec. 1007.11  Non-waiver of rights.

    An employee's involuntary payment of all or any part of a debt 
collected under these regulations will not be construed as a waiver of 
any rights that employee may have under 5 U.S.C. 5514 or any other 
provision of contract or law unless there are statutes or contract(s) to 
the contrary.



Sec. 1007.12  Interest, penalties, and administrative costs.

    Charges may be assessed for interest, penalties, and administrative 
costs in accordance with the Federal Claims Collection Standards, 4 CFR 
102.13.


[[Page 451]]



CHAPTER XI--INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION




  --------------------------------------------------------------------
Part                                                                Page
1100            Employee responsibilities and conduct.......         452
1101            Privacy Act of 1974.........................         460
1102            Freedom of Information Act..................         472
1103            Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by International 
                    Boundary and Water Commission, United 
                    States and Mexico, United States Section         481
1104            Protection of archaeological resources......         486

[[Page 452]]



PART 1100--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents




                           Subpart A--General

Sec.
1100.1  Reference.
1100.2  Purpose.
1100.3  Definitions.
1100.4  Policy.
1100.5  Information to employees.

                 Subpart B--Conduct and Responsibilities

1100.6  Proscribed actions.
1100.7  Responsibilities.
1100.8  Rules of conduct.
1100.9  Conflict of interest.
1100.10  Outside employment.
1100.11  Indebtedness.
1100.12  Gifts, entertainment, and favors.
1100.13  Financial interests.
1100.14  Misuse of information.
1100.15.  Support of Section programs.
1100.16  Disagreements between governmental officials.
1100.17  Use of government property.
1100.18  Gambling, betting, and lotteries.
1100.19  Coercion.
1100.20.  General conduct prejudicial to the government.
1100.21  Miscellaneous statutory provisions.

       Subpart C--Statements of Employment and Financial Interests

1100.22  Employees required to submit statements.
1100.23  Review of position descriptions.
1100.24  Manner of submission--statements of employment and financial 
          interests.
1100.25  Excusable delay.
1100.26  Special government employees.
1100.27  Exceptions to specific appointees.
1100.28  Supplementary statement.
1100.29  Interests of employee's relatives.
1100.30  Information not required to be submitted.
1100.31  Information not known to employees.
1100.32  Confidentiality of employee's statements.
1100.33  Effect of employee's statements on other requirements.

Appendix A--Executive Order \1\
---------------------------------------------------------------------------

    \1\ Appendices A through D filed as part of the original document.
---------------------------------------------------------------------------

Appendix B--House Concurrent Resolution 175, 85th Congress 2d Session
Appendix C--Digest of Conflict of Interest Laws
Appendix D--Ethical Standards of Conduct

    Authority: Federal Personnel Manual, Chapter 735 paragraph 1-5c.

    Source: 40 FR 32116, July 31, 1975, unless otherwise noted.



                           Subpart A--General



Sec. 1100.1  Reference.

    (a) Executive Order 11222.\2\
---------------------------------------------------------------------------

    \2\ 30 FR 6469, 3 CFR, 1964-65 Comp., p. 306.
---------------------------------------------------------------------------

    (b) Federal Personnel Manual, Chapter 735, Employee Responsibilities 
and Conduct.



Sec. 1100.2  Purpose.

    The maintenance of unusually high standards of honesty, integrity, 
and conduct by employees and special Government employees is essential 
to assure the proper performance of the Section's business and the 
maintenance of confidence by citizens in their Government. The avoidance 
of misconduct and conflicts of interest on the part of employes and 
special Government employees through informed judgement is indispensable 
to the maintenance of these standards. To accord with these concepts, 
the order sets forth the section's regulations prescribing standards of 
conduct and responsibilities and governing statements of employment and 
financial interests for employees and special Government employees.



Sec. 1100.3  Definitions.

    In this order, the following terms mean:
    (a) Employee. An officer and an employee of the United States 
Section of the International Boundary and Water Commission, United 
States and Mexico, but does not include a special Government employee.
    (b) Person. An individual, a corporation, a company, an association, 
a firm, a partnership, a society, a joint stock company, or any other 
organization or institution.
    (c) Section. United States Section of the International Boundary and 
Water Commission, United States and Mexico.
    (d) Special government employee. A special Government employee as 
defined by section 202 of title 18 of the United States Code who is 
employed by the Section.

[[Page 453]]

    (e) Remedial action. An action taken against an employee or special 
Government employee as a result of a violation of this Order. Remedial 
action may include, but is not limited to:
    (1) Changes in assigned duties;
    (2) Divestment by the employee or special Government employees of 
conflicting interests;
    (3) Disciplinary action which may be in addition to any penalty 
prescribed by law; or
    (4) Disqualification for a particular assignment.

Remedial action, whether disciplinary or otherwise, shall be effected in 
accordance with any applicable laws, executive orders, and governing 
regulations.



Sec. 1100.4  Policy.

    (a) In Executive Order 11222 prescribing standards of ethical 
conduct for Government officers and employees, the President asserted 
the following policy: Where Government is based on the consent of the 
governed, every citizen is entitled to have complete confidence in the 
integrity of his government. Each individual officer, employee, or 
advisor of government must help to earn and must honor that trust by his 
own integrity and conduct in all official actions.
    (b) This order sets forth the rules and regulations adopted by the 
Section in response to Executive Order 11222 and implements chapter 735 
of the Federal Personnel Manual. It is the obligation of every employee 
to be thoroughly familiar with the requirements herein and it is further 
the responsibility of each supervisor to assure complete understanding 
by employees in his organization.
    (c) Any information which indicates that an employee may have 
violated the provisions of this Order should be forwarded through 
channels by the employee's supervisors. It should be sent to the 
supervisory official who, under current instructions, is authorized to 
take appropriate remedial or disciplinary action. Such action should be 
taken at the lowest practicable supervisory level in order that if 
necessary, reviews may be made at a higher level of supervision. The 
official to whom information is addressed will make a thorough 
investigation of the matter and take appropriate action. The Personnel 
Director, or designated representative, will be consulted to insure that 
proposed actions are proper and in accordance with applicable laws, 
Civil Service Commission regulations, and Section requirements. When 
official information is involved, the official investigating the matter 
will insure that such information is protected in accordance with 
applicable regulations.
    (d) Additionally, if the complaint or information alleges the 
acceptance of gifts or favors, or the use of official position for 
personal advantage, notice of the complaint or information shall be 
furnished immediately to the Commissioner. Cases arising in the field 
shall be routed through the Executive Officer.
    (e) If the complaint or information originates within the Section, 
necessary investigation and/or remedial action shall be initiated 
concurrently with the submission of notice to the Commissioner. Letters 
or complaints from outside the Section will accompany the notice to the 
Commissioner, who will determine and direct the action to be taken on 
them.



Sec. 1100.5  Information to employees.

    (a) Initial information. At the time they are published or revised, 
each employee will be furnished a copy of the Section's regulations 
governing employee responsibilities and conduct. Further, the Personnel 
Director shall establish procedures to insure that employees are 
periodically reminded of these rules and regulations, at least annually.
    (b) Counseling service. A counseling service is available to provide 
advice and guidance to individual employees concerning their 
responsibilities under the Section's rules and regulations. The 
Personnel Director will provide guidance and advice to employees 
regarding the provisions of this order. For the purposes of conflict of 
interest laws, the Chief, Real Estate shall serve as counselor.

[[Page 454]]



                 Subpart B--Conduct and Responsibilities



Sec. 1100.6  Proscribed actions.

    Employees are forbidden by law to take certain actions. An employee 
shall avoid any action which might result in, or create the appearance 
of:
    (a) Using public office for private gain;
    (b) Giving preferential treatment to any person;
    (c) Impeding Government efficiency or economy;
    (d) Losing complete independence or impartiality;
    (e) Making a Government decision outside official channels; or
    (f) Affecting adversely the confidence of the public in the 
integrity of the Government.
    Note: A summary of laws pertinent to all Government employees is 
contained in appendix C.



Sec. 1100.7  Responsibilities.

    (a) Each employee is responsible for acquainting him/herself \3\ 
with the standards of conduct expected of him, and to conduct himself, 
both on and off the job, in a manner which will insure that his actions 
reflect credit to the Federal Government and the Section.
---------------------------------------------------------------------------

    \3\ For convenience of reading, the standard generic pronoun usage 
will be followed in the remainder of this Order. Where the pronoun `he' 
is used it should be understood to include he or she; `him' includes him 
or her; `his', his or hers; `himself', himself or herself.
---------------------------------------------------------------------------

    (b) Supervisors will keep subordinate employees informed regarding 
the proper standards of conduct required. Before any remedial action is 
initiated against an employee whose conduct appears to be in violation 
of established standards or statutes of conduct, the Personnel Director 
or his designated representative will be consulted.
    (c) The Personnel Director, or his designated representative, will 
provide assistance and/or counseling to employees and all levels of 
management in observance of regulations pertinent to conduct and/or 
conflict of interest.
    (d) The Chief, Real Estate is the main point of contact on conflicts 
of interest problems. The Special Legal Assistant will assist on matters 
of legal interpretation.
    (e) All employees engaged in procurement and related activities have 
a special responsibility for protecting the Government's interests as 
well as for maintaining the reputation of the Section for honesty, 
courtesy, and fair dealing. Accordingly, all such employees are required 
to become thoroughly familiar with the provisions of Federal Personnel 
Manual, Chapter 735, relating to procurement activities.



Sec. 1100.8  Rules of conduct.

    (a) The primary purpose of establishing rules of conduct is to 
provide guidance. Although the rules set forth in this Order are 
considered reasonable, it is recognized there will be instances in which 
one or more of these rules will be disregarded or violated. Provisions 
have therefore been made for the imposition of remedial actions designed 
both to correct the disregard on the part of the offenders and to serve 
as a caution to others.
    (b) On-the-job conduct. Each employee is expected to:
    (1) Report promptly for work in a condition which will permit him to 
perform assigned duties (i.e., in appropriate clothing, with any 
required tools and/or equipment, and in a sober condition).
    (2) Render full, efficient, and industrious service in the 
performance of assigned duties. If insufficient work is assigned to 
occupy an employee fully at any given time, he is expected to notify his 
supervisor so that additional work may be assigned.
    (3) Give ready response and enthusiasm to directions and 
instructions received from his supervisor.
    (4) Exercise courtesy and tact in dealings with fellow workers and 
the public.
    (5) Maintain a clean and neat personal appearance to the maximum 
practicable extent during working hours.
    (6) Conserve and protect Federal funds, property, equipment, and 
materials.
    (7) Observe the various laws, rules, regulations, and other 
authoritative instructions, and consistently conduct

[[Page 455]]

himself in a manner which is beyond reproach.
    (8) Recognize his responsibility for taking an active part in the 
Section affairs.
    (9) Uphold with integrity the public trust involved in the position 
to which assigned.
    (c) Off-the-job conduct. While the Section does not desire to 
interfere unnecessarily in the private lives of its employees, it does 
expect them to conduct themselves at all times in a manner which will 
not reflect unfavorably upon the Federal Government as their employer.



Sec. 1100.9  Conflict of interest.

    (a) All Section employees are bound to refrain from any private 
business or professional activity which would place them in a position 
where there is a conflict between their private interests and the public 
interests of the United States. Even though a technical conflict of 
interest may not exist, employees must avoid the appearance of such a 
conflict from a public confidence point of view. (chapter 11 of title 18 
of the U.S. Code, enacted by Pub. L. 878-849, effective January 21, 
1963, constitutes the basic conflict of interest statutes.)



Sec. 1100.10  Outside employment.

    (a) Section employees will not engage in outside employment or other 
outside activities, with or without compensation, which--
    (1) Interferes with the performance of their Government duties;
    (2) May reasonably be expected to bring discredit upon the Section 
or the Government; or
    (3) Appears to involve a conflict of interest.
    (b) All employees are prohibited from using their titles or 
positions in connection with any commercial enterprise or in endorsing 
any commercial product or venture.
    (c) Section employees engaged in activities related to procurement 
will not accept part-time off-duty employment with any person that is a 
contractor with the Government. This prohibition applies regardless of 
the nature of the services to be performed. (e.g., Professional 
employees of the Section such as attorneys, engineers, and accountants 
will not represent or advise a Government contractor concerning either 
the commercial or Government pursuits of such person; nor will such 
personnel render services in behalf of the officers of contractors with 
whom they transact business on behalf of the Government, even though 
such services might be performed in connection with the personal affairs 
of such officers of the contractors.)



Sec. 1100.11  Indebtedness.

    (a) An employee shall pay each just financial obligation in a proper 
and timely manner, especially one imposed by law, such as Federal, 
State, or local taxes. For the purpose of this paragraph a `just 
financial obligation' means one acknowledged by the employee, imposed by 
law, or reduced to judgment by a court.
    (b) When an employee has a levy placed against his salary for 
failure to pay an indebtedness for Federal income taxes, he shall be 
issued a written reprimand stating that failure to make satisfactory 
arrangements regarding future tax liabilities will be grounds for 
removal.
    (c) When an employee is the subject of a letter of complaint stating 
that he has not paid his State or local taxes and has failed to make 
satisfactory arrangements regarding the debt, he shall be interviewed by 
the Personnel Director, or his designated representative in field 
offices. In this interview he shall be instructed to make satisfactory 
arrangements for payment of his debt immediately and informed that 
failure to do so will be grounds for removal.
    (d) When an employee is the subject of a letter of complaint 
regarding any other kind of indebtedness to a unit of government, 
Federal, State, or local, the procedure prescribed in paragraph (c) of 
this section, shall be observed.
    (e) When a creditor who holds a legal judgment against an employee 
requests that the Section assist in collecting the debt, the employee 
shall be interviewed by the Personnel Director, or his designated 
representative in field offices, as appropriate. In this interview he 
shall be instructed to pay the

[[Page 456]]

debt in full within 90 days, or such period of time as is acceptable to 
the creditor, and informed that failure to do so may be grounds for 
removal.
    (f) When an employee is the subject of a letter of complaint from a 
creditor who does not hold a legal judgment against the employee, the 
Personnel Director shall forward a copy of the letter to the employee 
together with a memorandum calling the employee's attention to the 
provisions of this order. However, the Section will not assist the 
creditor in collecting the debt.



Sec. 1100.12  Gifts, entertainment, and favors.

    (a) Except as provided below, an employee shall not solicit or 
accept, directly or indirectly, any gift, gratuity, favor, 
entertainment, loan, or any other things of monetary value, from a 
person who:
    (1) Has, or is seeking to obtain, contractual or other business or 
financial relations with the Section;
    (2) Conducts operations or activities that are regulated by the 
Section; or
    (3) has interests that may be substantially affected by the 
performance or nonperformance of his official duty.
    (b) The restrictions set forth above do not apply to:
    (1) Obvious family or personal relationships, such as those between 
the employee and his parents, children, or spouse, when the 
circumstances make it clear that those relationships rather than the 
business of the persons concerned are the motivating factors;
    (2) The acceptance of food and refreshments of nominal value on 
infrequent occasions in the ordinary course of a luncheon or dinner 
meeting or an inspection tour where an employee may be properly in 
attendance;
    (3) The acceptance of loans from banks or other financial 
institutions on customary terms to finance proper and usual activities 
of employees, such as home or automobile mortgage loans; and
    (4) The acceptance of unsolicited advertising or promotional 
material, such as pens, pencils, note pads, calendars, and other items 
of nominal intrinsic value.
    (c) An employee shall not solicit a contribution from another 
employee for a gift to an official superior, make a donation as a gift 
to an official superior, or accept a gift from an employee receiving 
less pay than himself (5 U.S.C. 7351). However, this paragraph does not 
prohibit a voluntary gift of nominal value or donation in a nominal 
amount made on a special occasion such as marriage, illness, or 
retirement.
    (d) An employee shall not accept a gift, present, decoration, or 
other thing from a foreign government unless authorized by Congress as 
provided by the Constitution and in 5 U.S.C. 7342.
    (e) This order does not preclude an employee from receipt of bona 
fide reimbursement, unless prohibited by law, for expenses of travel and 
such other necessary subsistence as is compatible with this Order for 
which no Government payment or reimbursement is made. However, this 
Order does not allow an employee to be reimbursed, or payment to be made 
on his behalf, for excessive personal living expenses, gifts, 
entertainment, or other personal benefits, nor does it allow an employee 
to be reimbursed by a person for travel on official business under 
Section orders when reimbursement is proscribed by Decision B -128527 of 
the Comptroller General dated March 7, 1967.
    (f) A gift or gratuity, the receipt of which is prohibited by this 
Order shall be returned to the donor with a written explanation why the 
return is necessary. A copy of the written explanation shall be 
submitted to the Personnel Director for filing in the employee's 
Official Personnel Folder (left side). When the return of the gift is 
not possible, the gift or gratuity shall be submitted to the Personnel 
Director with a written explanation why the return is not feasible. The 
Personnel Director shall turn the gift or gratuity over to a public or 
private charity or charitable organization.



Sec. 1100.13  Financial interests.

    (a) An employee shall not:
    (1) Have a direct or indirect financial interest that conflicts 
substantially, or appears to conflict substantially, with his Government 
duties and responsibilities; or

[[Page 457]]

    (2) Engage in, directly or indirectly, a financial transaction as a 
result of, or primarily relying on, information obtained through his 
Government employment.
    (b) The Order does not preclude an employee from having a financial 
interest or engaging in financial transactions to the same extent as a 
private citizen not employed by the Government so long as it is not 
prohibited by law, Executive Order 11222, Chapter 735 of the Federal 
Personnel Manual or this order.



Sec. 1100.14  Misuse of information.

    An employee, for the purpose of furthering a private interest, shall 
not directly or indirectly use, or allow the use of, official 
information obtained through or in connection with his Government 
employment which has not been made available to the general public.



Sec. 1100.15  Support of Section programs.

    (a) When a Section program is based on law or executive order, every 
employee has a positive obligation to make it function as efficiently 
and economically as possible and to support it as long as it is a part 
of recognized public policy. An employee may, therefore, properly make 
an address explaining and interpreting such a program, citing its 
achievements, defending it against uninformed or unjust criticism, 
pointing out the need for possible improvements, or soliciting views for 
improving it.
    (b) An employee shall not, either directly or indirectly, use 
appropriated funds to influence a Member of Congress to favor or oppose 
legislation in violation of 18 U.S.C. 1913. However, an employee is not 
prohibited from:
    (1) Testifying as a representative of the Section on pending 
legislation proposals before Congressional committees on request; or
    (2) Assisting Congressional committees in drafting bills or reports 
on request, when it is clear that the employee is serving solely as a 
technical expert under the direction of committee leadership.
    (c) Nothing in this order shall be construed as depriving an 
employee of his rights as a private citizen from petitioning or 
contacting elected representatives pertinent to expressing opinions 
regarding Governmental operations or pending legislation.



Sec. 1100.16  Disagreements between governmental officials.

    An employee shall not make public any disagreements with, or 
criticism of, officials, policies, or practices of the Section or of 
other Federal agencies in areas relating to the Section's functions. 
Such matters may be brought to the attention of the Commissioner for 
appropriate action.



Sec. 1100.17  Use of government property.

    An employee shall not directly or indirectly use, or allow the use 
of, Government property of any kind, including property leased to the 
Government, for other than officially approved activities. An employee 
has a positive duty to protect and conserve Government property 
including equipment, supplies, and other property entrusted or issued to 
him.



Sec. 1100.18  Gambling, betting, and lotteries.

    An employee shall not participate, while on Government-owned or 
leased property or while on duty for the Government, in any gambling 
activity, including the operation of a gambling device; in conducting a 
lottery or pool; in a game for money or property; or in selling or 
purchasing a numbers slip or ticket.



Sec. 1100.19  Coercion.

    An employee shall not use his Government employment to coerce, or 
give the appearance of coercing, a person to provide financial benefit 
to himself or another person, particularly one with whom he has family, 
business ``mutual association'', or financial ties.



Sec. 1100.20  General conduct prejudicial to the government.

    An employee shall not engage in criminal, infamous, dishonest, 
immoral, or notoriously disgraceful conduct, or other conduct 
prejudicial to the Government.

[[Page 458]]



Sec. 1100.21  Miscellaneous statutory provisions.

    The attention of each employee is directed to the following 
statutory provisions:
    (a) House Concurrent Resolution 175, 85th Congress, 2nd Session, 72A 
Stat. B12, the Code of Ethics for Government Service.
    (b) Chapter 11 of title 18, United States Code (U.S.C.), related to 
bribery, graft, and conflicts of interest.
    (c) The prohibition against lobbying with appropriated funds (18 
U.S.C. 1913).
    (d) The prohibitions against disloyalty and striking (Executive 
Order 10450,\4\ 18 U.S.C. 1918).
---------------------------------------------------------------------------

    \4\ 18 FR 2489, 3 CFR, 1949-53 Comp., p. 936.
---------------------------------------------------------------------------

    (e) The prohibition against the employment of a member of a 
Communist organization (50 U.S.C. 784).
    (f) The prohibitions against:
    (1) The disclosure of classified information (18 U.S.C. 798, 50 
U.S.C. 783);
    (2) The disclosure of confidential information (18 U.S.C. 1905).
    (g) The provisions relating to the habitual use of intoxicants to 
excess (5 U.S.C. 7352).
    (h) The prohibition against the misuse of the franking privilege (18 
U.S.C. 1719).
    (i) The prohibition against the misuse of a Government vehicle (31 
U.S.C. 638a (c)).
    (j) The prohibition against the use of deceit in an examination or 
personnel action in connection with Government employment (18 U.S.C. 
1917).
    (k) The prohibition against fraud or false statements in a 
Government matter (18 U.S.C. 1001).
    (l) [Reserved]
    (m) The prohibition against counterfeiting and forging 
transportation requests (18 U.S.C. 508).
    (n) The prohibitions against:
    (1) Embezzlement of Government money or property (18 U.S.C. 641);
    (2) Failing to account for public money (18 U.S.C. 643); and
    (3) Embezzlement of the money or property of another person in the 
possession of an employee by reason of his employment (18 U.S.C. 654).
    (o) The prohibition against unauthorized use of documents relating 
to claims from or by the Government (18 U.S.C. 285).
    (p) The prohibition against political activities in subchapter III 
of chapter 73 of title 5, U.S.C. and 18 U.S.C. 602, 603, 604, 607, and 
608.
    (q) The provision relating to the denial of the right to petition 
Congress (5 U.S.C. 7102).
    (r) The prohibition against an employee acting as the agent of a 
foreign principal registered under the Foreign Agents Registration Act 
(18 U.S.C. 219).
    (s) The prohibition against the employment of an individual 
convicted of felonious rioting or related offenses (5 U.S.C. 7313).
    (t) The prohibition against a public official appointing or 
promoting a relative, or advocating such an appointment or promotion (5 
U.S.C. 3110).
    (u) The tax imposed on certain employees who knowingly engage in 
self-dealing with a private foundation (26 U.S.C. 4941, 4946). (Self-
dealing is defined in the statute to include certain transactions 
involving an employee's receipt of pay, a loan, or reimbursement for 
travel or other expenses from, or his sale to or purchase of property 
from a private foundation.)



       Subpart C--Statements of Employment and Financial Interests



Sec. 1100.22  Employees required to submit statements.

    The following Section personnel are required to submit statements of 
employment and financial interests.
    (a) Those paid at a level of the Executive Schedule in subchapter II 
of chapter 53 of title 5, United States Code.
    (b) Those classified at GG-13 or above, whose basic duties and 
responsibilities require the incumbent to exercise judgment in making a 
Government decision or in taking Government action in regard to 
administering or monitoring grants or subsidies.
    (c) Those classified at GG-13 or above, whose basic duties and 
responsibilities require the incumbent to exercise judgment in making a 
Government decision or in taking Government action in regard to--
    (1) Contracting or procurement. For the purpose of this Order, 
``contracting or

[[Page 459]]

procurement'' is defined as executing or approving the award of 
contracts.
    (2) Auditing. Auditing private or non-Federal enterprise including 
the supervision of auditors engaged in audit activities or participating 
in the development of policies and procedures for performing such 
audits, including the authorization and monitoring of grants to 
institutions or other non-Federal enterprise.
    (3) Other. Those in activities in which the final decision or action 
has a significant impact on the interest of any non-Federal enterprise.
    (d) Those at any grade level whose activities have a significant 
economic impact on the interest of any non-Federal enterprise.



Sec. 1100.23  Review of position descriptions.

    (a) Because of the nature of the Section's mission, establishment of 
a standing list of employees subject to the provisions of this subpart 
is considered impractical inasmuch as assignments are subject to 
frequent change, organizational elements change with the changing work 
needs, supervisors or heads of organizations are subject to change with 
changing conditions. It is therefore necessary that all position 
descriptions in Sec. 1100.22 (b) through (d) will be reviewed and a 
statement as to whether the incumbent of the position must file a 
statement of employment and financial interests, as required by this 
order, will be included in each position description. This determination 
will be reviewed at least annually, at the time of performance ratings, 
or incident to other prescribed annual reviews.
    (b) Incumbents of positions identified as involving any of the 
functions described in Sec. 1100.22 (b) through (d) will be required to 
comply with the filing requirements of this order. Any employee who 
believes that his position has been improperly included in the functions 
described in Sec. 1100.22 (b) through (d), may request a review of the 
decision requiring him to file a statement through the established 
grievance procedures.
    (c) Positions in the above categories may be excluded when it is 
determined by the Commissioner that the duties are at such a level or 
responsibility that the submission of a statement is not necessary 
because of the degree of supervision and review of the incumbent and the 
remote and inconsequential effect on the integrity of the Section.



Sec. 1100.24  Manner of submission--statements of employment and financial interests.

    (a) Section personnel included in Sec. 1100.22 (b) through (d) will 
submit statements of employment and financial interests in the format 
prescribed by the Personnel Director.
    (b) Each employee required by this Order to file a statement will do 
so within 30 days following entry on duty of assignment to the position 
and periodically thereafter as prescribed in Sec. 1100.28.
    (c) Statement will be submitted to the Personnel Director in a 
double sealed envelope marked ``For Attention of the Personnel Director 
Only''.



Sec. 1100.25  Excusable delay.

    If, by reason of his duty assignment, it is impracticable for an 
employee to submit a statement within the period required by the Order, 
his immediate supervisor may grant a 15-day extension of time therefor, 
and the supervisor will notify the Personnel Director, in writing, of 
the extension. Any extension in excess of 30 days requires the 
concurrence of the Commissioner. Statements submitted pursuant to an 
extension of time granted will include appropriate notation to that 
effect.



Sec. 1100.26  Special government employees.

    Each special Government employee who is an adviser or consultant 
shall, prior to appointment, file with the Personnel Director, a 
statement setting forth his Government employment, his private 
employment, and his financial interests. An appointee must list all of 
his investments and other financial interests such as pensions; 
retirement; group life, health, or accident insurance; and profit-
sharing, stock bonus, or other employee welfare or benefit plan 
maintained by a former employer. He is not required to list precise 
amounts of investments.

[[Page 460]]



Sec. 1100.27  Exceptions to specific appointees.

    The Commissioner may grant an exception to a specific appointee from 
completing that part of the statement of employment and financial 
interests relating to his investments or other financial interests 
referred to in Sec. 1100.26, upon making of a determination that this 
information is not relevant in light of the duties the appointee is to 
perform.



Sec. 1100.28  Supplementary statement.

    Changes in or additions to the information contained in an 
employee's statement of employment and financial interests shall be 
reported as of June 30 of each year. Even though no changes or additions 
occur, a negative report is required. The supplementary statement, 
negative or otherwise, will be submitted by July 31 of each year. 
Notwithstanding the filing of the annual report, Section personnel shall 
at all times avoid acquiring a financial interest that could result, or 
taking action that would result, in a violation of the conflict-of-
interest provisions of 18 U.S.C. 208 or this order.



Sec. 1100.29  Interests of employee's relatives.

    The interests of a spouse, minor child, or other member of an 
employee's immediate household is considered to be an interest of the 
employee. For the purpose of this order, `member of an employee's 
immediate household, means those blood relatives who are residents of 
the employee's household.



Sec. 1100.30  Information not required to be submitted.

    An employee is not required to submit on a statement of employment 
and financial interests or supplementary statement any information 
relating to the employee's connection with, or interests in, a 
professional society or a charitable, religious, social, fraternal, 
recreational, public service, civic or political organization or a 
similar organization not conducted as a business enterprise. For the 
purpose of this order, educational and other institutions doing research 
and development or related work involving grants of money from or 
contracts with the Government are deemed `business enterprises' and are 
required to be included in an employee's statement of employment and 
financial interests.



Sec. 1100.31  Information not known to employees.

    If any information required to be included on a statement of 
employment and financial interests or supplementary statement, including 
holdings placed in trust, is not known to the employee but known to 
another person, the employee shall request that other person to submit 
the information on his behalf.



Sec. 1100.32  Confidentiality of employee's statements.

    Each statement of employment and financial interests, and each 
supplementary statement, will be held in confidence. The Section may not 
disclose information from a statement except as the Commissioner or the 
Civil Service Commission may determine for good cause. Persons 
designated to review the statements are responsible for maintaining the 
statements in confidence and shall not allow access to, or allow 
information to be disclosed from the statement except to carry out the 
purpose of this order, or Federal laws or regulations.



Sec. 1100.33  Effect of employee's statements on other requirements.

    The statements of employment and financial interests and 
supplementary statements required of employees are in addition to, and 
not in substitution for, or in derogation of, any similar requirement 
imposed by law, order, or regulation. The submission of a statement or 
supplementary statement by an employee does not permit him or any other 
person to participate in a matter in which his or the other person's 
participation is prohibited by law, order, or regulation.



PART 1101--PRIVACY ACT OF 1974--Table of Contents




Sec.
1101.1  Purpose and scope.
1101.2  Definitions.
1101.3  General policy: Collection and use of personal information.
1101.4  Reports on new systems of records; computer matching programs.

[[Page 461]]

1101.5  Security, confidentiality and protection of records.
1101.6  Requests for access to records.
1101.7  Disclosure of records to individuals who are subjects of those 
          records.
1101.8  Disclosure of records to third parties.
1101.9  Exemptions.
1101.10  Accounting for disclosures.
1101.11  Fees.
1101.12  Request to correct or amend a record.
1101.13  Agency review of request to correct or amend a record.
1101.14  Appeal of Agency decision not to correct or amend a record.
1101.15  Judicial review.
1101.16  Criminal penalties.
1101.17  Annual Report to Congress.

    Authority: Privacy Act of 1974 (Pub. L. 93-579, as amended, 5 U.S.C. 
552a).

    Source: 57 FR 24945, June 12, 1992, unless otherwise noted.



Sec. 1101.1  Purpose and scope.

    The purpose of these regulations is to prescribe responsibilities, 
rules, guidelines, and policies and procedures to implement the Privacy 
Act of 1974 (Pub. L. 93-579, as amended; 5 U.S.C. 552a) to assure that 
personal information about individuals collected by the United States 
Section is limited to that which is legally authorized and necessary and 
is maintained in a manner which precludes unwarranted intrusions upon 
individual privacy. Further, these regulations establish procedures by 
which an individual can: (a) Determine if the United States Section 
maintains records or a system of records which includes a record 
pertaining to the individual and (b) gain access to a record pertaining 
to him or her for the purpose of review, amendment or correction.



Sec. 1101.2  Definitions.

    For the purpose of these regulations:
    (a) Act means the Privacy Act of 1974.
    (b) Agency is defined to include any executive department, military 
department, Government corporation, Government controlled corporation or 
other establishment in the executive branch of the Government (including 
the Executive Office of the President, or any independent regulatory 
agency) (5 U.S.C. 552)).
    (c) Commission means the International Boundary and Water 
Commission, United States and Mexico.
    (d) Commissioner means head of the United States Section, 
International Boundary and Water Commission, United States and Mexico.
    (e) Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence.
    (f) Maintain includes maintain, collect, use, or disseminate.
    (g) Record means any item, collection, or grouping of information 
about an individual that is maintained by an agency, including, but not 
limited to, his education, financial transactions, medical history, and 
criminal or employment history and that contains his name, or the 
identifying number, symbol, or other identifying particular assigned to 
the individual, such as a finger or voice print or a photograph.
    (h) Routine use means, with respect to the disclosure of a record, 
the use of such record for a purpose which is compatible with the 
purpose for which it is collected.
    (i) Section means the United States Section, International Boundary 
and Water Commission, United States and Mexico.
    (j) Statistical record means a record in a system of records 
maintained for statistical research or reporting purposes only and not 
used in whole or in part in making any determination about an 
identifiable individual, except as provided by 13 U.S.C. 8 (Census 
data).
    (k) System of records means a group of any records under the control 
of any agency from which information is retrieved by the name of the 
individual or by some identifying number, symbol, or other identifying 
particular assigned to the individual.



Sec. 1101.3  General policy: Collection and use of personal information.

    (a) Heads of Divisions, Branches, and the projects shall ensure that 
all Section personnel subject to their supervision are advised of the 
provisions of the Act, including the criminal penalties and civil 
liabilities provided therein, and that Section personnel are made aware 
of their responsibilities to protect the security of personal 
information, to assure its accuracy, relevance, timeliness and 
completeness, to avoid unauthorized disclosure either orally or in 
writing, and to ensure that

[[Page 462]]

no system of records concerning individuals, no matter how small or 
specialized, is maintained without public notice.
    (b) Section personnel shall:
    (1) Collect no information of a personal nature from individuals 
unless authorized to collect it to achieve a function or carry out a 
responsibility or function of the Section.
    (2) Collect from individuals only that information which is 
necessary to Section responsibilities or functions;
    (3) Collect information, wherever possible, directly from the 
individual to whom it relates;
    (4) Inform individuals from whom information is collected of the 
authority for collection, the purpose thereof, the uses that will be 
made of the information, and the effects, both legal and practical, of 
not furnishing the information;
    (5) Neither collect, maintain, use nor disseminate information 
concerning an individual's religious or political beliefs or activities 
or his membership in associations or organizations, unless (i) the 
individual has volunteered such information for his own benefit; (ii) 
the information is expressly authorized by statute to be collected, 
maintained, used or disseminated; or (iii) the activities involved are 
pertinent to and within the scope of an authorized investigation or 
adjudication activity;
    (6) Advise an individual's supervisors of the existence or 
contemplated development of any system of records which retrieves 
information about individuals by individual identified;
    (7) Maintain an accounting of all disclosures of information to 
other than Section personnel;
    (8) Disclose no information concerning individuals to other than 
Section personnel except when authorized by the Act or pursuant to a 
routine use published in the Federal Register;
    (9) Maintain and process information concerning individuals with 
care in order to ensure that no inadvertent disclosure of the 
information is made to other than Section personnel; and
    (10) Call to the attention of the PA Officer any information in a 
system maintained by the Section which is not authorized to be 
maintained under the provisions of the Act, including information on 
First Amendment activities, information that is inaccurate, irrelevant 
or so incomplete as to risk unfairness to the individual concerned.
    (c) The system of records maintained by the Section shall be 
reviewed annually by the PA Officer to ensure compliance with the 
provisions of the Act.
    (d) Information which may be used in making determinations about an 
individual's rights, benefits, and privileges shall, to the greatest 
extent practicable, be collected directly from that individual. In 
deciding whether collection of information from an individual, as 
opposed to a third party source, is practicable, the following criteria, 
among others, may be considered:
    (1) Whether the nature of the information sought is such that it can 
only be obtained from a third party;
    (2) Whether the cost of collecting the information from the 
individual is unreasonable when compared with the cost of collecting it 
from a third party;
    (3) Whether there is a risk that information requested from the 
third parties, if inaccurate, could result in an adverse determination 
to the individual concerned;
    (4) Whether the information, if supplied by the individual, would 
have to be verified by a third party; or
    (5) Whether provisions can be made for verification by the 
individual of information collected from third parties.
    (e) Employees whose duties require handling of records subject to 
the Act shall, at all times, take care to protect the integrity, 
security and confidentiality of these records.
    (f) No employee of the section may alter or destroy a record subject 
to the Act unless (1) such alteration or destruction is properly 
undertaken in the course of the employee's regular duties or (2) such 
alteration or destruction is required by a decision of the Commissioner 
or the decision of a court of competent jurisdiction.



Sec. 1101.4  Reports on new systems of records; computer matching programs.

    (a) Before establishing any new systems of records, or making any 
significant change in a system of records, the Section shall provide 
adequate advance notice to:

[[Page 463]]

    (1) The Committee on Government Operations of the House of 
Representatives;
    (2) The Committee on Governmental Affairs of the Senate; and
    (3) The Office of Management and Budget.
    (b) Before participating in any computerized information ``matching 
program,'' as that term is defined by 5 U.S.C. 552a(a)(8) the Section 
will comply with the provisions of 5 U.S.C. 552a(o), and will provide 
adequate advance notice as described in Sec. 1101.4(a) above.



Sec. 1101.5  Security, confidentiality and protection of records.

    (a) The Act requires that records subject to the Act be maintained 
with appropriate administrative, technical and physical safeguards to 
ensure the security and confidentiality of records and to protect 
against any anticipated threats or hazards to their security or 
integrity which could result in substantial harm, embarrassment, 
inconvenience or unfairness to any individual on whom information is 
maintained.
    (b) When maintained in manual form (typed, printed, handwritten, 
etc.) records shall be maintained, at a minimum, subject to the 
following safeguards, or safeguards affording comparable protection:
    (1) Areas in which the records are maintained or regularly used 
shall be posted with an appropriate warning stating that access to the 
records is limited to authorized persons. The warning shall also 
summarize the requirements of Sec. 1101.3 and state that the Act 
contains a criminal penalty for the unauthorized dislosure of records to 
which it applies.
    (2) During working hours: (i) The area in which the records are 
maintained or regularly used shall be occupied by authorized personnel 
or (ii) access to the records shall be restricted by their storage in 
locked metal file cabinets or a locked room.
    (3) During non-working hours, access to the records shall be 
restricted by their storage in locked metal file cabinets or a locked 
room.
    (4) Where a locked room is the method of security provided for a 
system, that security shall be supplemented by: (i) Providing lockable 
file cabinets or containers for the records or (ii) changing the lock or 
locks for the room so that they may not be opened with a master key. For 
purposes of this paragraph, a master key is a key which may be used to 
open rooms other than the room containing records subject to the Act, 
unless those rooms are utilized by officials or employees authorized to 
have access to the records subject to the Act.
    (5) Personnel handling personal information during routine use will 
ensure that the information is properly controlled to prevent 
unintentional or unauthorized disclosure. Such information will be used, 
held, or stored only where facilities or conditions are adequate to 
prevent unauthorized or unintentional disclosure.
    (c) When the records subject to the Act are maintained in 
computerized form, safeguards shall be utilized based on those 
recommended in the National Bureau of Standard's booklet ``Computer 
Security Guidelines for Implementing the Privacy Act of 1974'' (May 30, 
1975), and any supplements thereto, which are adequate and appropriate 
to assuring the integrity of the records.



Sec. 1101.6  Requests for access to records.

    (a) Any individual may submit an inquiry to the Section to ascertain 
whether a system of records contains a record pertaining to him or her.
    (b) The inquiry should be made either in person or by mail addressed 
to the PA Officer, United States Section, International Boundary and 
Water Commission, 4171 North Mesa, Suite C-310, El Paso, TX 79902-1422. 
The PA Officer shall provide assistance to the individual making the 
inquiry to assure the timely identification of the appropriate systems 
of records. The office of the PA Officer is located in Suite C-316 and 
is open to an individual between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (excluding holidays).
    (c) Inquiries submitted by mail should be marked ``PRIVACY ACT 
REQUEST'' on the bottom left-hand corner of the envelope.

[[Page 464]]

    (d) The letter should state that the request is being made under the 
Privacy Act.
    (e) Inquiries concerning whether a system of records contains a 
record pertaining to an individual should contain the following:
    (1) Name, address and telephone number (optional) of the individual 
making the inquiry;
    (2) Name, address and telephone number (optional) of the individual 
to whom the record pertains, if the inquiring individual is either the 
parent of a minor or the legal guardian of the individual to whom a 
record pertains;
    (3) A certified or authenticated copy of documents establishing 
parentage or guardianship;
    (4) Whether the individual to whom the record pertains is a citizen 
of the United States or an alien lawfully admitted for permanent 
residence into the United States;
    (5) Name of the system of records, as published in the Federal 
Register;
    (6) Location of the system of records, as published in the Federal 
Register;
    (7) Such additional information as the individual believes will or 
might assist the Section in responding to the inquiry and in verifying 
the individual's identity (for example: date of birth, place of birth, 
names of parents, place of work, dates of employment, position title, 
etc.);
    (8) Date of inquiry; and
    (9) Signature of the requester.

The Section reserves the right to require compliance with the 
identification procedures appearing at paragraph (f) of this section 
where conditions warrant.
    (f) The requirement for identification of individuals seeking access 
to records are as follows:
    (1) In person: Each individual making a request in person shall be 
required to present satisfactory proof of identity. The means of proof, 
in the order of preference and priority, are:
    (i) A document bearing the individual's photograph (for example, 
driver's license, passport or military or civilian identification card);
    (ii) A document bearing the individual's signature, preferably 
issued for participation in a federally sponsored program (for example, 
Social Security card, unemployment insurance book, employer's 
identification card, national credit card and professional, craft or 
union membership card); and
    (iii) A document bearing either the photograph or the signature of 
the individual, preferably issued for participation in a federally 
sponsored program (for example, Medicaid card). In the event the 
individual can provide no suitable documentation of identity, the 
Section will require a signed statement asserting the individual's 
identity and stipulating that the individual understands the penalty 
provision of 5 U.S.C. 552a(i)(3).
    (2) Not in person: If the individual making a request does not 
appear in person before the PA Officer, a certificate of a notary public 
or equivalent officer empowered to administer oaths must accompany the 
request.
    (3) Parents of minors and legal guardians: An individual acting as 
the parent of a minor or the legal guardian of the individual or an heir 
or legal representative of a deceased person to whom a record pertains 
shall establish his or her personal identity in the manner prescribed in 
either paragraph (f)(1) or (2) of this section. In addition, such 
individual shall establish his or her identity in the representative 
capacity of parent or legal guardian. In the case of the parent of a 
minor, the proof of identity shall be a certified or authenticated copy 
of the minor's birth certificate. In the case of a legal guardian of an 
individual who has been declared incompetent due to physical or mental 
incapacity or age by a court of competent jurisdiction, the proof of 
identity shall be a certified or authenticated copy of the court's 
order. A parent or legal guardian may act only for a living individual, 
not for a decedent. A parent or legal guardian may be accompanied during 
personal access to a record by another individual, provided the 
requirements of paragraph (f) of Sec. 1101.7 are satisfied. In the case 
of an heir or legal representative of a deceased person the proof of 
identity shall be a certified copy of the Will, if any; the order of a 
court of competent jurisdiction admitting the Will to probate; the order 
of a court of competent jurisdiction appointing an executor, executrix, 
or administrator; a letter of

[[Page 465]]

administration; or any other documentary evidence which establishes the 
identity of the individual as an heir or legal representative of a 
deceased person.
    (g) When the provisions of this part are alleged to have the effect 
of impeding an individual in exercising his or her right to access, the 
Section will consider, from an individual making a request, alternative 
suggestions regarding proof of identity and access to records.
    (h) An inquiry which is not addressed as specified in paragraph (b) 
of this section or which is not marked as specified in paragraph (c) of 
this section will be so addressed and marked by the Section's personnel 
and forwarded immediately to the PA Officer. An inquiry which is not 
properly addressed by the individual will not be deemed to have been 
``received'' for purposes of measuring time periods for response until 
forwarding of the inquiry to the PA Officer has been effected. In each 
instance when an inquiry so forwarded is received, the PA Officer shall 
notify the individual that his or her inquiry was improperly addressed 
and the date when the inquiry was received at the proper address.
    (i) Each inquiry received shall be acted upon promptly by the PA 
Officer. Although there is no fixed time when an agency must respond to 
a request for access to records under the Act, every effort will be made 
to respond within ten (10) days (excluding Saturdays, Sundays and 
holidays) of the date of receipt. If a response cannot be made within 
ten (10) days, the PA Officer shall send an acknowledgment during that 
period providing information on the status of the inquiry and asking for 
such further information as may be necessary to process the inquiry. 
Every effort will be made to provide the requested records within thirty 
(30) days.
    (j) An individual shall not be required to state a reason or 
otherwise justify his or her inquiry.



Sec. 1101.7  Disclosure of records to individuals who are subjects of those records.

    (a) Each request received shall be acted upon promptly by the PA 
Officer. Every effort will be made to respond within ten (10) days 
(excluding Saturdays, Sundays, and holidays) of the date of receipt. If 
a response cannot be made within ten (10) days due to unusual 
circumstances, the PA Officer shall send an acknowledgment during that 
period providing information on the status of the request and asking for 
such further information as may be necessary to process the request. 
Every effort will be made to provide the requested records within thirty 
(30) days. ``Unusual circumstances'' shall include circumstances where a 
search for and collection of requested records from inactive storage, 
field facilities or other establishments are required, cases where a 
voluminous amount of data is involved, instances where information on 
other individuals must be separated or expunged from the particular 
record, and cases where consultations with other agencies having a 
substantial interest in the determination of the request are necessary.
    (b) Grant of access:
    (1) Notification.
    (i) An individual shall be granted access to a record pertaining to 
him or her except where the record is subject to an exemption under the 
Act and these rules.
    (ii) The PA Officer shall notify the individual of such 
determination and provide the following information:
    (A) The methods of access, as set forth in paragraph (b)(2) of this 
section;
    (B) The place at which the records may be inspected;
    (C) The earliest date on which the record may be inspected and the 
period of time that the records will remain available for inspection. In 
no event shall the earliest date be later than thirty (30) days from the 
date of notification;
    (D) The estimated date by which a copy of the record could be mailed 
and the estimate of fees pursuant to Sec. 1101.11. In no event shall be 
estimated date be later than thirty (30) days from the date of 
notification;
    (E) The fact that the individual, if he or she wishes, may be 
accompanied by another individual during the personal access, subject to 
the procedures set forth in paragraph (f) of this section; and

[[Page 466]]

    (F) Any additional requirements needed to grant access to a specific 
record.
    (2) Method of access: The following methods of access to records by 
an individual may be available depending on the circumstances of a given 
situation:
    (i) Inspection in person may be made in the office specified by the 
PA Officer, between the hours of 8 a.m. and 4:30 p.m., Monday through 
Friday (excluding holidays);
    (ii) Transfer of records to a Federal facility more convenient to 
the individual may be arranged, but only if the PA Officer determines 
that a suitable facility is available, that the individual's access can 
be properly supervised at that facility, and that transmittal of the 
records to that facility will not unduly interfere with operations of 
the section or involve unreasonable costs, in terms of both money and 
manpower; and
    (iii) Copies may be mailed at the request of the individual, subject 
to payment of the fees prescribed in Sec. 1101.11. The Section, at its 
own initiative, may elect to provide a copy by mail, in which case no 
fee will be charged to the individual.
    (c) Access to medical records: Upon advice by a physician that 
release of medical information directly to the requester could have an 
adverse effect on the requester, the Section may attempt to arrange an 
acceptable alternative. This will normally involve release of such 
information to a physician named by the requester, with the requester's 
written consent. (Note that release to any third party, including a 
physician or family member, must comply with the provisions of 
Sec. 1101.8 of this part.)
    (d) The Section shall supply such other information and assistance 
at the time of access to make the record intelligible to the individual.
    (e) The Section reserves the right to limit access to copies and 
abstracts of original records, rather than the original records. This 
election would be appropriate, for example, when the record is in an 
automated data media such as tape of disc, when the record contains 
information on other individuals, and when deletion of information is 
permissible under exemptions (for example 5, U.S.C. 552(k)(1)). In no 
event shall original records of the Section be made available to the 
individual except under the immediate supervision of the PA Officer or 
his designee. Title 18 U.S.C. 2701(a) makes it a crime to conceal, 
mutilate, obliterate, or destroy a record filed in a public office, or 
to attempt to do any of the foregoing.
    (f) Any individual who request access to a record pertaining to that 
individual may be accompanied by another individual of his or her 
choice. ``Accompanied'' includes discussion of the record in the 
presence of the other individual. The individual to whom the record 
pertains shall authorize the presence of the other individual in writing 
and shall include the name of the other individual, a specific 
description of the record to which access is sought, and the date and 
the signature of the individual to whom the record pertains. The other 
individual shall sign the authorization in the presence of the PA 
Officer or his designee. An individual shall not be required to state a 
reason or otherwise justify his or her decision to be accompanied by 
another individual during the personal access to a record.
    (g) Initial denial of access:
    (1) Grounds. Access by an individual to a record which pertains to 
that individual will be denied only upon a determination by the PA 
Officer that:
    (i) The record is subject to an exemption under the Act and these 
rules;
    (ii) The record is information compiled in reasonable anticipation 
of a civil action or proceeding;
    (iii) The provisions of Sec. 1101.7(c) pertaining to medical records 
have been temporarily invoked; or
    (iv) The individual unreasonably has failed to comply with the 
procedural requirements of these rules.
    (2) Notification. The PA Officer shall give notice of denial of 
access of records to the individual in writing and shall include the 
following information:
    (i) The PA Officer's name and title or position;
    (ii) The date of denial;
    (iii) The reasons for the denial, including citation to the 
appropriate section of the Act and these rules;

[[Page 467]]

    (iv) The individual's opportunities for further administrative 
consideration, including the identity and address of the responsible 
official;
    (v) If stated to be administratively final within the Section, the 
individual's right to judicial review under 5 U.S.C. 552a(g) (1) and 
(5).
    (3) Administrative review: When an initial denial of a request is 
issued by the PA Officer, the individual's opportunities for further 
consideration shall be as follows:
    (i) As to denial under paragraph (g)(1)(i) of this section, the sole 
procedure is a petition for the issuance, amendment, or repeal of a rule 
under 5 U.S.C. 553(e). Such petition shall be filed with the 
Commissioner, United States Section, International Boundary and Water 
Commission, 4171 North Mesa, Suite C-310, El Paso, TX 79902-1422. If the 
exception was determined by another agency, the PA Officer will provide 
the individual with the name and address of the other agency and any 
relief sought by the individual shall be that provided by the 
regulations of the other agency. Within the Section, no such denial is 
administratively final until such a petition has been filed by the 
individual and disposed of on the merits by the Commissioner.
    (ii) As to denial under paragraphs (g)(1), (ii), (iii) or (iv) of 
this section, the individual may file for review with the Commissioner, 
as indicated in the PA Officer's initital denial notification.
    (h) If a request is partially granted and partially denied, the PA 
Officer shall follow the appropriate procedures of this section as to 
the records within the grant and the records within the denial.



Sec. 1101.8  Disclosure of records to third-parties.

    (a) The Section will not disclose any information about an 
individual to any person other than the individual except in the 
following instances:
    (1) Upon written request by the individual about whom the 
information is maintained;
    (2) With prior written consent of the individual about whom the 
information is maintained;
    (3) To the parent(s) of a minor child, or the legal guardian of an 
incompetent person, when said parent(s) or legal guardian act(s) on 
behalf of said minor or incompetent person.
    (4) When permitted under 5 U.S.C. 552a(b) (1) through (11) which 
provides as follows:
    (i) To those officers and employees of the agency which maintains 
the record who have a need for the record in the performance of their 
duties;
    (ii) Required under 5 U.S.C. 552 of the U.S. Code;
    (iii) For a routine use as defined in the Act at 5 U.S.C. 
552a(a)(7);
    (iv) To the Bureau of the Census for purposes of planning or 
carrying out a census or survey or related activity pursuant to the 
provisions of title 13 of the U.S. Code;
    (v) To a recipient who has provided the agency with advance adequate 
written assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in a 
form that is not individually identifiable;
    (vi) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for evaluation by the 
Administrator of General Services or his designee to determine whether 
the record has such value;
    (vii) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authorized 
by law, if the head of the agency or instrumentality has made a written 
request to the agency which maintains the record specifying the 
particular portion desired and the law enforcement activity for which 
the record is sought;
    (viii) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (ix) To either House of Congress, or, to the extent of matter within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of

[[Page 468]]

Congress or subcommittee of any such joint committee, and to a 
Congressman who is acting on behalf of his constituent;
    (x) To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of the duties of the 
General Accounting Office; or
    (xi) Pursuant to the order of a court of competent jurisdiction;
    (5) When required by the Act and not covered explicitly by the 
provisions of 5 U.S.C. 552a(b). These situations include the following:
    (i) Dissemination of a corrected or amended record or notation of a 
disagreement statement (5 U.S.C. 552a(c)(4));
    (ii) Disclosure of records to an individual to whom they pertain (5 
U.S.C. 552a(d));
    (iii) Civil actions by an individual (5 U.S.C. 552a(g));
    (iv) Release of records or information to the Privacy Protection 
Study Commission (Section 5 of Pub. L. 93-579);
    (v) Fulfill the needs of Office of Management and Budget to provide 
continuing oversight and assistance to the section in implementation of 
the Act (Section 6 of Pub. L. 93-579).



Sec. 1101.9  Exemptions.

    The following are exempt from disclosure under 5 U.S.C. 552a (j) and 
(k):
    (a) Any record originated by another agency which has determined 
that the record is exempt. If a request encompasses such a record, the 
Section will advise the requester of its existence, and of the name and 
address of the source agency.
    (b) Records specifically authorized under criteria established by an 
executive order to be kept secret in the interest of national defense or 
foreign policy, and which are, in fact, properly classified pursuant to 
such executive order.
    (c) Those systems of records listed as exempt in the Notice of 
Records of the Federal Register, including: Certificates of Medical 
Examination; Occupational Health and Injury Files; and Investigative 
Records.



Sec. 1101.10  Accounting for disclosures.

    (a) Each system manager shall establish a system of accounting for 
all disclosures of records, either orally or in writing made outside the 
Section, unless otherwise exempted under this section. Accounting 
procedures may be established in the least expensive and most convenient 
form that will permit the PA Officer to advise individuals promptly upon 
request of the persons or agencies to which records concerning them have 
been disclosed. Accounting of disclosures made under 5 U.S.C. 552a(b)(7) 
relating to civil or criminal law enforcement activities shall not be 
made available to the individual named in the record.
    (b) Accounting records, at a minimum, shall include the date, 
nature, and purpose of each disclosure of a record and the name and 
address of the person or agency to whom the disclosure was made. 
Accounting records shall be maintained for at least five years or the 
life of the record, whichever is longer.
    (c) Accounting is not required to be kept for disclosure made within 
the Section or disclosures made pursuant to the Freedom of Information 
Act.
    (d) If an accounting of the disclosure was made, the PA Officer 
shall inform any person or other agency about any correction or notation 
of dispute made by the Section in accordance with 5 U.S.C. 552a(d) of 
any record that has been disclosed to the person or agency.



Sec. 1101.11  Fees.

    (a) Under the Act, fees can only be charged for the cost of copying 
records. No fees may be charged for the time it takes to search for the 
records or for the time it takes to determine if any exemptions apply. 
The Section will not charge a fee for the first copy of an individual's 
personnel record.
    (b) The Section will charge a fee of $0.10 per page for copies of 
documents which are identified by an individual and reproduced at the 
individual's request for retention, except that there will be no charge 
for requests involving costs of $1.00 or less, but the copying fees for 
contemporaneous request by the same individual shall be aggregated to 
determine the total fee.

[[Page 469]]

    (c) Special and additional services provided at the request of the 
individual, such as certification or authentication, will be charged to 
the individual in accordance with other published regulations of the 
Section pursuant to statute (for example, 22 CFR part 1102--Freedom of 
Information Act.)
    (d) Remittances shall be in the form of either a personal check or 
bank draft drawn on a bank in the United States, a postal money order, 
or cash. Remittance shall be made payable to the order of the U.S. 
Section, International Boundary and Water Commission, and delivered to 
or mailed to the PA Officer, United States Section, International 
Boundary and Water Commission, 4171 North Mesa, Suite C-310, El Paso, TX 
79902-1422. The Section will assume no responsibility for cash sent by 
mail.
    (e) A receipt for fees paid will be given only upon request.



Sec. 1101.12  Request to correct or amend a record.

    (a) Any individual may submit a request for correction of or 
amendment to a record to the Section. The request should be made either 
in person or by mail addressed to the PA Officer who processed the 
individual's request for access to the record, and to whom is delegated 
authority to make initial determinations on requests for correction or 
amendment.
    (b) Since the request, in all cases, will follow a request for 
access under Sec. 1101.6, the individual's identity will be established 
by his or her signature on the request.
    (c) A request for correction or amendment should be in writing. The 
envelope containing the request should be marked ``Privacy Act Amendment 
Request'' on the lower left hand corner. The request should include the 
following:
    (1) First, the letter should state that it is a request to amend a 
record under the Privacy Act of 1974.
    (2) Second, the request should identify the specific record and the 
specific information in the record for which an amendment is being 
sought.
    (3) Third, the request should state why the information is not 
accurate, relevant, timely, or complete. Supporting evidence may be 
included with the request.
    (4) Fourth, the request should state what new or additional 
information, if any, should be included in place of the erroneous 
information. Evidence of the validity of new or additional information 
should be included. If the information in the file is wrong and needs to 
be removed rather than supplemented or corrected, the request should 
make this clear.
    (5) Fifth, the request should include the name, address, and 
telephone number (optional) of the requester.



Sec. 1101.13  Agency review of request to correct or amend a record.

    (a) (1) Not later than ten (10) days (excluding Saturdays, Sundays 
and holidays) after receipt of a request to correct or amend a record, 
the PA Officer shall send an acknowledgment providing an estimate of 
time within which action will be taken on the request and asking for 
such further information as may be necessary to process the request. The 
estimate of time may take into account unusual circumstances as 
described in Sec. 1101.7(a). No acknowledgment will be sent if the 
request can be reviewed, processed and the individual notified of the 
results of review (either compliance or denial) within ten (10) days 
(excluding Saturdays, Sundays and holidays). Requests filed in person 
will be acknowledged in writing at the time submitted.
    (2) Promptly after acknowledging receipt of a request, or after 
receiving such further information as might have been requested, or 
after arriving at a decision within ten (10) days, the PA Officer shall 
either:
    (i) Make the requested correction or amendment and advise the 
individual in writing of such action, providing either a copy of the 
corrected or amended record or a statement as to the means whereby the 
correction or amendment was effected in cases where a copy cannot be 
provided (for example, erasure of information from a record maintained 
only in an electronic data bank); or
    (ii) Inform the individual in writing that his or her request is 
denied and provide the following information:

[[Page 470]]

    (A) The PA Officer's name, title and position;
    (B) The date of denial;
    (C) The reasons for the denial, including citation to the 
appropriate sections of the Act and these rules;
    (D) The procedures for appeal of the denial as set forth in 
Sec. 1101.14.

The term promptly in this paragraph means within thirty (30) days 
(excluding Saturdays, Sundays and holidays). If the PA Officer cannot 
make the determination within thirty (30) days, the individual will be 
advised in writing of the reason therefor and of the estimated date by 
which the determination will be made.
    (b) Whenever an individual's record is corrected or amended pursuant 
to a request by that individual, the PA Officer shall notify all persons 
and agencies to which copies of the record had been disclosed prior to 
its correction or amendment, if an accounting of such disclosure 
required by the Act was made. The notification shall require a receipt 
agency maintaining the record to acknowledge receipt of the 
notification, to correct or amend the record, and to apprise any agency 
or person to which it has disclosed the record of the substance of the 
correction or amendment.
    (c) The following criteria will be considered by the PA Officer in 
reviewing a request for correction or amendment.
    (1) The sufficiency of the evidence submitted by the individual;
    (2) The factual accuracy of the information;
    (3) The relevance and necessity of the information in terms of 
purpose for which it was collected.
    (4) The timeliness and currency of the information in light of the 
purpose for which it was collected;
    (5) The completeness of the information in terms of the purpose for 
which it was collected;
    (6) The degree of possibility that denial of the request could 
unfairly result in determinations adverse to the individual;
    (7) The character of the record sought to be corrected or amended; 
and
    (8) The propriety and feasibility of complying with the specific 
means of correction or amendment requested by the individual.
    (d) The Section will not undertake to gather evidence for the 
individual, but does reserve the right to verify the evidence which the 
individual submits.
    (e) Correction or amendment of a record requested by an individual 
will be denied only upon a determination by the PA Officer that:
    (1) The individual has failed to establish, by a preponderance of 
the evidence, the propriety of the correction or amendment in light of 
the criteria set forth in paragraph (c) of this section;
    (2) The record sought to be corrected or amended was compiled in a 
terminated judicial, quasi-judicial or quasi-legislative proceeding to 
which the individual was a party or participant;
    (3) The record sought to be corrected or amended is the subject of a 
pending judicial, quasi-judicial or quasi-legislative proceeding to 
which the individual is a party or participant;
    (4) The correction or amendment would violate a duly enacted statute 
or promulgated regulation; or
    (5) The individual unreasonably has failed to comply with the 
procedural requirements of these rules.
    (f) If a request is partially granted and partially denied, the PA 
Officer shall follow the approrpriate procedures of this section as to 
the records within the grant and the records within the denial.



Sec. 1101.14  Appeal of agency decision not to correct or amend a record.

    (a) An appeal of the initial refusal to amend a record under 
Sec. 1101.13 may be requested by the individual who submitted the 
request. The appeal must be requested in writing, and state that the 
appeal is being made under the Privacy Act of 1974, it should identify 
the denial that is being appealed and the records that were withheld, it 
should include the requester's name and address and telephone number 
(optional), and it should be signed by the individual making the 
request. It should be received by the Section within sixty (60) calendar 
days of the date the individual is informed of the PA Officer's refusal 
to amend a record in whole or in part. The request should be addressed 
and sent via certified mail to

[[Page 471]]

the Commissioner, United States Section, International Boundary and 
Water Commission, 4171 North Mesa, suite C-310, El Paso, TX 79902-1422. 
The processing of appeals will be facilitated if the words ``PRIVACY 
APPEAL'' appear in capital letters on both the envelope and the top of 
the appeal papers. An appeal not addressed and marked as provided herein 
will be marked by Section personnel when it is so identified and will be 
forwarded immediately to the Commissioner.
    (b) The time for decision on the appeal begins on the date the 
appeal is received by the Commissioner. The appeal should include any 
documentation, information or statements advanced for the amendment of 
the record.
    (c) There shall be a written record of the reason for the final 
determination. The final determination will be made not later than 
thirty (30) days (excluding Saturdays, Sundays and holidays) from the 
date the Commissioner receives the appeal; unless, for good cause shown, 
the Commissioner extends such determination beyond the thirty (30) day 
period.
    (d) When the final determination is that the record should be 
amended in accordance with the individual's request, the Commissioner 
shall direct the office responsible for the record to comply. The office 
responsible for the record shall:
    (1) Amend the record as directed;
    (2) If a distribution of the record has been made, advise all 
previous recipients of the record of the amendment and its substance;
    (3) So advise the individual in writing.
    (e) When the final decision is that the request of the individual to 
amend the record is refused, the Commissioner shall advise the 
individual:
    (1) Of the refusal and the reasons for it;
    (2) Of his or her right to file a concise statement of the reasons 
for disagreeing with the decision of the Section;
    (3) Of the procedures for filing the statement of disagreement;
    (4) That the statement which is filed will be made available to 
anyone to whom the record is subsequently disclosed together with, at 
the discretion of the Section, a brief statement by the Section 
summarizing its reasons for refusing to amend the record;
    (5) That prior recipients of the disputed record will be provided a 
copy of any statement of dispute to the extent that an accounting of 
disclosures was maintained; and
    (6) Of his or her right to seek judicial review of the Section's 
refusal to amend the record.
    (f) When the final determination is to refuse to amend a record and 
the individual has filed a statement under paragraph (e)(2) of this 
section, the Section will clearly annotate the record so that the fact 
that the record is disputed is apparent to anyone who may subsequently 
have access to use or disclose it. When information that is the subject 
of a statement of dispute filed by an individual is subsequently 
disclosed, the Section will note that the information is disputed and 
provide a copy of the individual's statement. The Section may also 
include a brief summary of the reasons for not making a correction when 
disclosing disputed information. Such statements will normally be 
limited to the reasons given to the individual for not amending the 
record. Copies of the Section's statement shall be treated as part of 
the individual's record for granting access; however, it will not be 
subject to amendment by the individual under these rules.
    (g) An appeal will be decided on the basis of the individual's 
appeal papers and the record submitted by the PA officer. No personal 
appearance or hearings on appeals will be allowed.



Sec. 1101.15  Judicial review.

    After having exhausted all administrative remedies set forth in 
Sec. 1101.7(g)(3) or Sec. 1101.14, a requester may bring a civil action 
against the Section, in a United States District Court of proper venue, 
within two years of the final administrative decision which the 
requester seeks to challenge.



Sec. 1101.16  Criminal penalties.

    (a) Under the provisions of the Act, it is a Federal crime for any 
person to

[[Page 472]]

knowingly and willfully request or obtain information from a Federal 
agency, including this Section, by false pretenses.
    (b) It is also a crime for any officer or employee of the Section to 
knowingly and willfully:
    (1) Make an unauthorized disclosure; or
    (2) Fail to publish public notice of a system of records as required 
by 5 U.S.C. 552a(e)(4).



Sec. 1101.17  Annual report to Congress.

    (a) On or before August 1 of each calendar year the Commissioner 
shall submit a report covering the preceding calendar year to the 
Speaker of the House of Representatives and the President of the Senate 
for referral to the appropriate committees of the Congress. The report 
shall include:
    (1) The U.S. Section's point of contact responsible for implementing 
the Privacy Act of 1974;
    (2) The number of active systems, new systems published, systems 
deleted, systems automated, either in whole or part, number of existing 
systems for which new routine uses were established, number of existing 
systems for which new exemptions were claimed, number of existing 
systems from which exemptions were deleted, and number of public 
comments received by the agency of publication of rules or notices;
    (3) Total number of requests for access, number of requests wholly 
or partially granted, number of requests totally denied, number of 
requests for which no record was found, number of appeals of denials of 
access, number of appeals in which denial was upheld, number of appeals 
in which denial was overturned either in whole or part, number of 
requests to amend records in system, number of amendment requests wholly 
or partially granted, number of amendment requests totally denied, 
number of appeals of denials of amendment requests, number of appeals in 
which denial was upheld, number in which denial was overturned either in 
whole or in part, whether the U.S. Section denied an individual access 
to his or her records in a system of record on any basis other than a 
Privacy Act exemption under 5 U.S.C. 552(j) or (k), and the legal 
justification for the denial, number of instances in which individuals 
litigated the results of appeals of access or amendment, and the results 
of such litigation, and a statement of our involvement in matching 
programs;
    (4) Any other information which will indicate the U.S. Section's 
effort to comply with the objectives of the Act, to include any problems 
encountered, with recommendations for solving thereof;
    (5) And, a copy of these regulations.



PART 1102--FREEDOM OF INFORMATION ACT--Table of Contents




Sec.
1102.1  Purpose.
1102.2  Definitions.
1102.3  Procedures for requesting access to records or information.
1102.4  Fees.
1102.5  Categories of requesters for fee purposes.
1102.6  Fee waivers and appeals.
1102.7  The Section's determination and appeal procedures.
1102.8  Exemptions.
1102.9  Annual report to Congress.
1102.10  Examination of records.

    Authority: 5 U.S.C. 552 (Pub. L. 90-23, as amended by Pub. L. 93-502 
and 99-570).

    Source: 55 FR 35898, Sept. 4, 1990, unless otherwise noted.



Sec. 1102.1  Purpose.

    The purpose of this part is to prescribe rules, guidelines and 
procedures to implement the Freedom of Information Act (FOIA), 5 U.S.C. 
552, as amended on November 21, 1974, by Public Law 93-502, and on 
October 27, 1986, by Public Law 99-570.



Sec. 1102.2  Definitions.

    Act means the Freedom of Information Act, 5 U.S.C. 552, as amended.
    Commercial-use request refers to a request from or on behalf of one 
who seeks information for a cause or purpose that furthers the 
commercial, trade, or profit interests of the requester or person on 
whose behalf the request is made. In determining whether a requester 
properly belongs in this category, the Section will consider how the 
requester will use the documents.

[[Page 475]]

    Commissioner means head of the United States Section, International 
Boundary and Water Commission, United States and Mexico.
    Direct costs means those expenditures which the Section actually 
incurs in searching for and duplicating (and in the case of commercial 
requesters, reviewing) documents to respond to a FOIA request. Direct 
costs incude, for example, the salary of the employee performing work 
(the basic rate of pay for the employee plus 16 percent of that rate to 
cover benefits) and the cost of operating duplicating machinery. Not 
included in direct costs are overhead expenses such as costs of space, 
and heating or lighting the facility where the records are stored.
    Disclose or disclosure means making records available, on request 
for examination and copying, or furnishing a copy of records.
    Duplication refers to the process of making a copy of a document in 
response to a FOIA request. Such copies can take the form of paper, 
microform, audiovisual materials, or machine-readable documentation. The 
Section will provide a copy of the material in a form that is usable by 
the requester unless it is administratively burdensome to do so.
    Educational institution refers to a preschool, a public or private 
elementary or secondary school, an institution of graduate higher 
education, an institution of undergraduate higher education, an 
institution of professional education, and an institution of vocational 
education, which operates a program or programs of scholarly research.
    Noncommercial scientific institution refers to an institution that 
is not operated on a ``commercial'' basis as that term is referenced 
above, and which is operated solely for the purpose of conducting 
scientific research the results of which are not intended to promote any 
particular product or industry.
    Person or Requester includes any individual, firm, corporation, 
organization or other entity.
    Records and/or information are defined as all books, papers, 
manuals, maps, photographs, or other documentary materials, regardless 
of physical form or characteristics, made or received by the Section 
under Federal law or in connection with the transaction of public 
business or in carrying out its treaty responsibilities and obligations, 
and preserved or appropriate for preservation by the Section as evidence 
of the organization, functions, policies, decisions, procedures, 
operations, or other activities of the Government or because of the 
information value of the data in them, but does not include books, 
magazines or other material acquired solely for library purposes and 
through other sources, and does not include analyses, computations, or 
compilations of information not extant at the time of the request. The 
term ``records'' does not include objects or articles such as 
structures, furniture, paintings, sculptures, three-dimensional models, 
vehicles, and equipment.
    Representative of the news media refers to any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that would be of current interest to the 
public. Examples of news media include television or radio stations 
broadcasting to the public at large, and publishers of periodicals (but 
only those instances when they can qualify as disseminators of ``news'') 
who make their products available for purchase or subscription by the 
general public. In the case of ``freelance'' journalists, they may be 
regarded as working for a news organization if they can demonstate a 
solid basis for expecting publication through that organization even 
though not actually employed by it.
    Request means a letter or other written communication seeking 
records or information under the Freedom of Information Act.
    Review refers to the process of examining documents located in 
response to a request that is for commercial use to determine if any 
portion of that document is permitted to be withheld, and processing any 
document for disclosure (i.e., doing all that is necessary to excise 
them and otherwise prepare them for release). It does not include time 
spent resolving general legal or policy issues regarding the application 
of exemptions.

[[Page 474]]

    Search includes all time spent looking for material that is 
responsive to a request, including page-by-page or line-by-line 
identification of material within documents. Searches should be 
performed in the most efficient and least expensive manner so as to 
minimize costs for both the Section and the requester; for example, 
line-by-line searches should not be undertaken when it would be more 
efficient to duplicate the entire document. Note that such activity 
should be distinguished from ``review'' of material in determining 
whether the material is exempt from disclosure. Searches may be done 
manually or by computer using existing programming.
    The Section means United States Section, International Boundary and 
Water Commission, United States and Mexico.

All terms used in this part which are defined in 5 U.S.C. 552 shall have 
the same meaning herein.



Sec. 1102.3  Procedures for requesting access to records or information.

    (a) A request for any information or records shall be addressed to 
the FOIA Officer, United States Section, International Boundary and 
Water Commission, 4171 North Mesa, suite C-310, El Paso, TX 79902-1422. 
The envelope and the letter shall be clearly marked ``Freedom of 
Information Request'' or ``Request for Records,'' or the equivalent, to 
distinguish it from other mail to the Section. If the request is not so 
marked and addressed, the 10-day time limit described in the Act will 
not begin to run until the request has been received by the FOIA Officer 
in the normal course of business. In each instance where a request is 
received in the normal course of business, the FOIA Officer shall notify 
the requester that its request was improperly addressed and the date the 
request was received.
    (b) In order for the Section to locate records or information and 
make them available, it is necessary that it be able to identify the 
specific record or information sought. Persons wishing to inspect or 
obtain copies of records or information should, therefore, seek to 
identify them as fully and accurately as possible. In cases where 
requests are submitted which are not sufficient to permit 
identification, the FOIA Officer will endeavor to assist the persons 
seeking the records or information in filling in necessary details. In 
most cases, however, persons seeking records or information will find 
that time taken in trying to identify materials in the beginning is well 
worth their while in enabling the Section to respond promptly to their 
request.
    (c) A person submitting a request should--
    (1) Indicate the specific event or action, if any or if known, to 
which the request has reference.
    (2) Designate the Division, Branch, or Project Office of the Section 
which may be responsible for or may have produced the record or 
information requested.
    (3) Furnish the date of the record or information or the date or 
period to which it refers or relates, if known.
    (4) Name the character of record or information, such as a contract, 
an application, or a report.
    (5) List the Section's personnel who may have prepared or have 
knowledge of the record or information.
    (6) Furnish the reference material such as newspapers or 
publications which are known to have made a reference to the record or 
information desired.
    (7) If the request relates to a matter in pending litigation or one 
which has been litigated, supply the Court location and case style and 
number.
    (8) Describe, when the request includes more than one record or 
source of information, specifically each record or information so that 
availability may be separately determined.
    (9) Clearly indicate whether the request is an initial request or an 
appeal from a denial of a record or information previously requested.
    (10) Identify, when the request concerns a matter about the 
Section's personnel, the person as follows: First name, middle name or 
initial, and surname; date and place of birth; and social security 
account number, if known.
    (d) No particular format is needed for the request, except that it:
    (1) Must be in writing;

[[Page 475]]

    (2) Must describe the records or information sought with sufficient 
detail to permit identification;
    (3) Should state a limitation of the fees the requester is willing 
to pay, if any; and
    (4) Must include the name, address, and telephone number (optional) 
of the person submitting the request.



Sec. 1102.4  Fees.

    (a) The following shall be applicable with respect to services 
rendered to members of the public under this subpart:
    (1) Fee schedule.
    (i) Searching for records, per hour or fraction thereof per 
individual:

Professional......................................................$18.00
Clerical...........................................................$9.00

Includes the salary of the category of employee who actually performs 
the search, plus an additional 16% of that rate to cover benefits.

    (ii) The cost for computer searches will be calculated based on the 
salary of the category of employee who actually performs the computer 
search, plus 16% of that rate to cover benefits, plus the direct costs 
of the central processing unit, input-output devices, and memory 
capacity of the actual computer configuration.
    (iii) Reproduction fees:

    Pages no larger than 8\1/2\ by 14 inches when reproduced by routine 
electrostatic copying: $0.10 per page.
    Pages requiring reduction, enlargement, or other special services 
will be billed at direct cost to the Section.
    Reproduction by other than routine electrostatic copying will be 
billed at direct cost to the Section.

    (iv) Certification of each record as a true copy--$1.00
    (v) Certification of each record as a true copy under official 
seal--$1.50
    (vi) For each signed statement of negative result of search for 
record--$1.00
    (vii) For each signed statement of nonavailability of record--$1.00
    (viii) Duplication of architectural photographs and drawings:

Available tracing or reproducible, per square foot.................$0.10
If intermediate nagative and reproducible required................$2.00;
Plus tracing per square foot.......................................$1.00

    (ix) Postage and handling. It will be up to the person requesting 
the records or information to designate how the material will be mailed 
or shipped. In the absence of such instructions no records or 
information will be sent to a foreign address, and records and 
information will be sent to domestic addresses utilizing first class 
certified mail, return receipt requested and will be billed at direct 
cost to the Section.
    (2) Only requesters who are seeking documents for commercial use 
will be charged for time spent reviewing records to determine whether 
thay are exempt from mandatory disclosure. The cost for review will be 
calculated based on the salary of the category of the employee who 
actually performed the review plus 16% of the rate to cover benefits. 
Charges will be assessed only for the initial review (i.e., review 
undertaken the first time in order to analyze the applicability of 
specific exemption(s) to a particular record or portion of record) and 
not review at the administrative appeal level of the exemption(s) 
already applied.
    (3) If records requested under this part are stored elsewhere than 
the headquarters of the U.S. Section, IBWC, 4171 North Mesa, EL Paso, 
TX, the special cost of returning such records to the headquarters shall 
be include in the search costs. These costs will be computed at the 
actual costs of transportation of either a person or the requested 
record between the place where the record is stored and the Section 
headquarters when, for time or other reasons, it is not feasible to rely 
on Government mail service.
    (4) When no specific fee has been established for a service, or the 
request for a service does not fall under one of the above categories 
due to the amount or size or type thereof, the FOIA Officer is 
authorized to establish an appropriate fee, pursuant to the criteria 
established in Office of Management and Budget Circular No. A-25, 
entitled ``User Charges.''
    (b) Where it is anticipated that the fees chargeable under this part 
will amount to more than $25 and the requester has not indicated in 
advance her/his willingness to pay fees as high as anticipated, the 
requester shall be

[[Page 476]]

promptly notified of the amount of the anticipated fees or such portion 
thereof as can readily be estimated. The notice or request for an 
advance deposit shall extend an offer to the requester to confer with 
knowledgeable Section personnel in an attempt to reformulate the request 
in a manner which will reduce the fees and meet the needs of the 
requester. Dispatch of such notice or request shall suspend the running 
of the period for response by the Section until a reply is received from 
the requester.
    (c) Search costs are due and payable even if the record which was 
requested cannot be located after all reasonable efforts have been made, 
or if the Section determines that a record which has been requested, but 
which is exempt from disclosure under this part, is to be withheld.
    (d) The Section will begin assessing interest charges on an unpaid 
bill starting the 31st day following the day on which the billing was 
sent. The accrual of interest will be stayed upon receipt of the fee, 
rather than upon its processing by the Section. Interest will at the 
rate precribed in section 3717 of title 31 U.S.C.
    (e) A requester may not file multiple requests at the same time, 
each seeking portions of a document or documents, solely in order to 
avoid payment of fees. When the Section reasonably believes that a 
requester or a group of requesters acting in concert is attempting to 
break a request down into a series of requests for the purpose of 
evading the assessment of fees, the Section will aggregate any such 
requests and charge accordingly.
    (f) The Section will not require a requester to make an advance 
payment, i.e., payment before work is commenced or continued on a 
request, unless:
    (1) The Section estimates or determines that allowable charges that 
a requester may be required to pay are likely to exceed $250. Then the 
Section will notify the requester of the likely costs and obtain 
satisfactory assurance of full payment where the requester has a history 
of prompt payment of FOIA fees, or require an advance payment of an 
amount up to the full estimated charges in the case of requesters with 
no history of payment; or
    (2) Requesters who have previously failed to pay fees charged in a 
timely fashion (i.e., within 30 days of the date of the billing), the 
Section will require such requesters to pay the full amount owed plus 
any applicable interest as provided above or demonstrate that they have, 
in fact, paid the fee, and to make an advance payment of the full amount 
of the estimated fee before the agency begins to process new requests or 
pending requests from such requesters.

When the Section acts under paragraph (f) (1) or (2) of this section, 
the administrative time limit prescribed in subsection (a)(6) of the 
FOIA (i.e., 10 working days from receipt of initial requests plus 
permissible extensions of that time limit) will begin only after the 
Section has received payments described above.
    (g) In accordance with the provisions and authorities of the Debt 
Collection Act of 1982 (Pub. L. 97-365), the Section reserves the right 
to disclose information to consumer reporting agencies and to use 
collection agencies, where appropriate, to encourage repayment.
    (h) No fees under $10 will be billed by the Section because the cost 
of collection would be greater than the fee.
    (i) Requester should pay fees by check or money order made out to 
the U.S. Section, International Boundary and Water Commission, and 
mailed to the Finance and Accounting Office, United States Section, 
International Boundary and Water Commission, 4171 North Mesa, suite C-
310, El Paso, TX 79902-1422.



Sec. 1102.5  Categories of requesters for fee purposes.

    There are four categories of requesters: Commercial use requesters; 
educational and non-commercial scientific institutions; representatives 
of the news media; and all other requesters. The Act prescribes specific 
levels of fees for each of these categories. The Section will take into 
account information provided by requesters in determining their 
eligibility for inclusion in one of these categories is as defined in 
Sec. 1102.2. It is in the requester's best interest to provide as much 
information as possible to demonstrate inclusion

[[Page 477]]

within a non-commercial category of fee treatment.
    (a) The Section will assess charges which recover the full direct 
costs of searching for, reviewing for release, and duplicating the 
records sought for commercial use. Commercial use requesters are 
entitled to neither two hours of free search time nor 100 free pages of 
reproduction of documents.
    (b) The Section will provide documents to educational and non-
commercial scientific institutions for the cost of reproduction alone, 
excluding charges for the first 100 pages. To be eligible for inclusion 
in this category, requesters must show that the request being made is 
authorized by, and under the auspices of, a qualifying institution and 
that the records are not sought for a commercial use, but are sought in 
furtherance of scholarly (if the request is from an educational 
institution) or scientific (if the request is from a non-commercial 
scientific institution) research.
    (c) The Section will provide documents to representatives of the 
news media for the cost of reproduction alone, excluding charges for the 
first 100 pages. To be eligible for inclusion in this category; a 
requester must meet the criteria in Sec. 1102.2(m), and the request must 
not be made for a commercial use. In reference to this class of 
requesters, a request for records supporting the news dissemination 
function of the requester shall not be considered to be a request that 
is for a commercial use.
    (d) The Section will charge requesters who do not fit into any of 
the categories above fees which recover the full reasonable direct cost 
of searching for and reproducing records that are responsive to the 
request, except that the first 100 pages of reproduction and the first 
two hours of search time shall be furnished without charge. Moreover, 
requests from record subjects for records about themselves will continue 
to be treated under the fee provisions of the Privacy Act of 1974 which 
permit fees only for reproduction.
    (e) In making determinations under this section, the Section may 
take into account whether requesters who previously were granted (b), 
(c), or (d) status under the Act did in fact use the requested records 
for purposes compatible with the status accorded them.



Sec. 1102.6  Fee waivers and appeals.

    (a) Waiver or reduction of any fee provided for in Sec. 1102.4 may 
be made upon a determination by the FOIA Officer, United States Section, 
International Boundary and Water Commission, 4171 North Mesa, suite C-
310, El Paso, TX 79902-1422. The Section shall furnish documents without 
charge or at a reduced charge provided that: Disclosure of the 
information is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities of 
the Government, and is not primarily in the commercial interest of the 
requester. Requests for a waiver or reduction of fees shall be 
considered on a case-by-case basis.
    (1) In order to determine whether disclosure of the information is 
in the public interest because it is likely to contribute significantly 
to public understanding of the operations or activities of the 
Government, the Section will consider the following four factors:
    (i) The subject of the request: Whether the subject of the requested 
records concerns the operations or activities of the Government;
    (ii) The informative value of the information to be disclosed: 
Whether the disclosure is likely to contribute to an understanding of 
Government operations or activities;
    (iii) The contribution to an understanding of the subject by the 
general public likely to result from disclosure: Whether disclosure of 
the requested information will contribute to public understanding; and
    (iv) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute significantly to public 
understanding of Government operations or activities.
    (2) In order to determine whether disclosure of the information is 
not primarily in the commercial interest of the requester, the Section 
will consider the following two factors:
    (i) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so

[[Page 478]]

    (ii) The primary interest in disclosure: Whether the magnitude of 
the identified commercial interest of the requester is sufficiently 
large, in comparison with the public interest in disclosure, that 
disclosure is primarily in the commercial interest of the requester.
    (b) The Section will not consider waiver or reduction of fees for 
requesters (persons or organizations) from whom unpaid fees remain due 
to the Section for another information access request.
    (c)(1) The Section's decision to refuse to waive or reduce fees as 
requested under paragraph (a) of this section may be appealed to the 
Commissioner, United States Section, International Boundary and Water 
Commission, 4171 North Mesa, Suite C-310, El Paso, TX 79902-1422. 
Appeals should contain as much information and documentation as possible 
to support the request for a waiver or reduction of fees.
    (2) Appeals will be reviewed by the Commissioner, who may consult 
with other officials of the Section as appropriate. The requester will 
be notified within thirty working days from the date on which the 
Section received the appeal.



Sec. 1102.7  The Section's determination and appeal procedures.

    Upon receipt of any request for records of information under the Act 
the following guidelines shall be followed:
    (a) The FOIA Officer will determine within 10 days (excepting 
Saturdays, Sundays, and legal holidays) after receipt of any such 
request whether to comply with such request and will immediately notify 
the person making such request of such determination, the reasons 
therefore, and of the right to such person to appeal to the Commissioner 
any adverse determination.
    (b) All appeals should be addressed to the Commissioner, United 
States Section, International Boundary and Water Commission, 4171 North 
Mesa, Suite, C-310, El Paso, TX 79902-1422, and should be clearly 
identified as such on the envelope and in the letter of appeal by using 
the marking ``Freedom of Information Appeal'' or ``Appeal for Records'' 
or the equivalent. Failure to properly address an appeal may defer the 
date of receipt by the Section to take into account the time reasonably 
required to forward the appeal to the Commissioner. In each instance 
when an appeal is incorrectly addressed to the Commissioner, he shall 
notify the person making the appeal that his appeal was improperly 
addressed and of the date the appeal was received by the Commissioner. 
The Commissioner will make a determination with respect to any appeal 
within 20 days (excepting Saturdays, Sundays, and legal holidays) after 
the receipt of an appeal. If on appeal the denial or the request is in 
whole or in part upheld, the Commissioner will notify the person making 
such request of the provisions for judicial review under the Act. An 
appeal must be in writing and filed within 30 days from receipt of the 
initial determination (in cases of denials of an entire request), or 
from receipt of any records being made available pursuant to the initial 
determination (in case of partial denials). In those cases where a 
request or appeal is not addressed to the proper official, the time 
limitations stated above will be computed from the receipt of the 
request or appeal by the proper official.
    (c) In unusual circumstances, as set forth in paragraph (d) of this 
section, the time limits for responding to the original request or the 
appeal may be extended by not more than an additional 10 working days by 
written notice to the person making a request. This notice must be sent 
within either 10- or 20-day time limit and will specify the reason for 
the extension and the date on which determination is expected to be 
dispatched. The extension may be invoked only once during the 
consideration of a request either during the initial consideration 
period or during the consideration of an appeal, but not both.
    (d) The unusual circumstances are:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request.
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct

[[Page 479]]

records which are demanded in a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the requestor among two or more components of the 
agency having substantial subject-matter interest therein.
    (e) If the FOIA Officer receives a request which is of proper 
concern to an agency or entity outside the Section, it will be returned 
to the person making the request, advising the requester to refer it to 
the appropriate agency or entity if requester desires, and providing the 
requester with the name or title, address and other appropriate 
information. An information copy of the request and the letter of 
referral will be forwarded promptly to the agency or entity outside the 
Section that may expect the request. In the event the FOIA Officer 
receives a request to make available a record or provide information 
which is of interest to more than one agency (Federal, State, municipal, 
or legal entity created thereby), the FOIA Officer will retain and act 
upon the request if the Section is one of the interest agencies and if 
its interest in the record is paramount.
    (f) The Commissioner's determination on an appeal shall be in 
writing and when it denies records in whole or in part, the letter to 
the person making a request shall include:
    (1) Notation of the specific exemption or exemptions of the Act 
authorizing the withholding.
    (2) A statement that the decision is final for the Section.
    (3) Advice that judicial review of the denial is available in the 
district in which the person making the request resides or has his 
principal place of business, the district in which the Section's records 
are situated, or the District of Columbia.
    (4) The names and titles or positions of each official responsible 
for the denial of a request.

When appropriate, the written determination may also state how an 
exemption applied in that particular case, and, when relevant, why a 
discretionary rebase is not appropriate.
    (g) In those cases where it is necessary to find and examine records 
before the legality or appropriateness of their disclosure can be 
determined, and where after diligent effort this has not been achieved 
within the required period, the FOIA Officer may advise the person 
making the request that a determination to presently deny the request 
has been made because the records or information have not been found or 
examined, that the determination will be considered when the search or 
examination is completed and the time within which completion is 
expected, but that the person making the request may immediately file an 
administrative appeal to the Commissioner.



Sec. 1102.8  Exemptions.

    (a) 5 U.S.C. 552(b) provides that the requirements of the FOIA do 
not apply to matters that are:
    (1) Classified documents. Specifically authorized under criteria 
established by an Executive order to be kept secret in the interest of 
national defense or foreign policy and that are, in fact, properly 
classified under the Executive order.
    (2) Internal personnel rules and practices. Related solely to the 
internal personnel rules and practices of an agency.
    (3) Information exempt under other laws. Specifically exempted from 
disclosure by statute, provided that the statute--
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld.
    (4) Confidential business information. Trade secrets and commercial 
or financial information obtained from a person and privileged or 
confidential.
    (5) Internal government communications. Interagency or intra-agency 
memorandums or letters which would not be available by law to a party 
other than an agency in litigation with the agency.
    (6) Personal privacy. Personnel, medical, and similar files the 
disclosure of which would constitute a clearly unwarranted invasion of 
personal privacy.

[[Page 480]]

    (7) Law enforcement. Records or information compiled for law 
enforcement purposes, but only to the extent that the production of such 
law enforcement records or information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;
    (ii) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or foreign agency or 
authority or any private institution which furnished information on a 
confidential basis, and, in the case of a record or information compiled 
by a criminal law enforcement authority in the course of a criminal 
investigation, or by an agency conducting a lawful national security 
intelligence investigation information furnished by a confidential 
source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual.
    (8) Financial institutions. Contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions.
    (9) Geological information. Geological and geophysical information 
and data, including maps, concerning wells.
    (b) The Section will provide any reasonably segregable portion of a 
record to a requester after deletion of the portions that are exempt 
under this section.
    (c) The section will invoke no exemption under this section if the 
requested records are available to the requester under the Privacy Act 
of 1974 and its implementing regulations.
    (d) Whenever a request is made which involves access to records 
described in paragraph (a)(7)(i) of this section and
    (1) The investigation or proceeding involves a possible violation of 
criminal law, and
    (2) There is reason to believe that the subject of the investigation 
or proceeding is not aware of its pendency, and disclosure of the 
existence of the records could reasonably be expected to interfere with 
enforcement proceedings, the agency may, during only such time as that 
circumstance continues, treat the records as not subject to the 
requirements of this section.



Sec. 1102.9  Annual report to Congress.

    (a) On or before March 1 of each calendar year the Commissioner 
shall submit a report covering the preceding calendar year to the 
Speaker of the House of Representatives and President of the Senate for 
referral to the appropriate committees of the Congress. The report shall 
include:
    (1) The number of determinations made by the section not to comply 
with request for records made to the section under the Act and this part 
and the reasons for each such determination.
    (2) The number of appeals made by persons under the Act and this 
part, the result of such appeals, and the reason for the action upon 
each appeal that results in a denial of information.
    (3) The names and titles or positions of each person responsible for 
the denial of records requested under the Act, and the number of 
instances of participation for each.
    (4) The results of each proceeding conducted pursuant to 
552(1)(4)(F) of the Act, including a report of the disciplinary action 
taken against the officer or employee who was primarily responsible for 
improperly withholding records or an explanation of why disciplinary 
action was not taken.
    (5) A copy of this part.
    (6) A copy of the fee schedule and the total amount of fees 
collected by the section for making records available under the Act.
    (7) Such other information as indicates efforts to administer fully 
the Act.

[[Page 481]]

    (b) A copy of each such report to the Congress made pursuant to 
paragraph (a) of this section will be made available for public 
inspection and copying in the office of the FOIA Officer, United States 
Section, International Boundary and Water Commission, 4171 North Mesa, 
Suite C-310, El Paso, TX 79902-1422.



Sec. 1102.10  Examination of records.

    When a request to examine records is approved by the FOIA Officer, 
every reasonable effort will be made to provide facilities for the 
purpose of such examination. ``On the spot'' copying will be available 
if the FOIA Officer decides there will be no interference with ordinary 
activities or routine business of the section.



PART 1103--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SON--Table of Contents





Sec.
1103.101  Purpose.
1103.102  Application.
1103.103  Definitions.
1103.104--1103.109  [Reserved]
1103.110  Self-evaluation.
1103.111  Notice.
1103.112--1103.1103  [Reserved]
1103.130  General prohibitions against discrimination.
1103.131--1103.139  [Reserved]
1103.140  Employment.
1103.141--1103.148  [Reserved]
1103.149  Program accessibility: Discrimination prohibited.
1103.150  Program accessibility: Existing facilities.
1103.151  Program accessibility: New construction and alterations.
1103.152--1103.159  [Reserved]
1103.160  Communications.
1103.161--1103.169  [Reserved]
1103.170  Compliance procedures.
1103.171--1103.999  [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 4577, Feb. 5, 1986, unless otherwise noted.



Sec. 1103.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 1103.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 1103.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, Brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.

[[Page 482]]

    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one of more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing impairments, cerebral palsy, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, 
diabetes, mental retardation, emotional illness, and drug addition and 
alcholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Qualified handicapped person means--
    (1) With respect to any agency program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can achieve the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature; or
    (2) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity.
    (3) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 1103.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies only to programs or activities 
conducted by Executive agencies and not to federally assisted programs.

[51 FR 4577, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]
Secs. 1103.104--1103.109  [Reserved]



Sec. 1103.110  Self-evaluation.

    (a) The agency shall, by April 9, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the

[[Page 483]]

self-evaluation, maintain on file and make available for public 
inspections:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.



Sec. 1103.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.
Secs. 1103.112--1103.129  [Reserved]



Sec. 1103.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualfied handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.

[[Page 484]]

    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.
Secs. 1103.131--1103.139  [Reserved]



Sec. 1103.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.
Secs. 1103.141--1103.148  [Reserved]



Sec. 1103.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 1103.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 1103.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons; or
    (2) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 1103.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity.
    (b) Methods. The agency may comply with the requirements of this 
section through such means as redesign of equipment, reassignment of 
services to accessible buildings, assignment of aides to beneficiaries, 
home visits, delivery of services at alternate accessible sites, 
alteration of existing facilities and construction of new facilities, 
use of accessible rolling stock, or any other methods that result in 
making its programs or activities readily accessible to and usable by 
handicapped persons. The agency is nor required to make structural 
changes in existing facilities where other methods are effective in 
achieving compliance with this section. The agency, in making 
alterations to existing buildings, shall meet accessibility requirements 
to the extent compelled by the Architectural Barriers Act of 1968, as 
amended (42 U.S.C. 4151-4157), and any regulations implementing it. In 
choosing among available methods for meeting the requirements of this 
section, the agency shall give priority to those methods that offer 
programs and activities to qualified handicapped persons in the most 
integrated setting appropriate.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by June 6, 1986, except that 
where structural changes in facilities are undertaken, such changes 
shall be made by April 7, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be

[[Page 485]]

undertaken to achieve program accessibility, the agency shall develop, 
by October 7, 1986, a transition plan setting forth the steps necessary 
to complete such changes. The agency shall provide an opportunity to 
interested persons, including handicapped persons or organizations 
representing handicapped persons, to participate in the development of 
the transition plan by submitting comments (both oral and written). A 
copy of the transition plan shall be made available for public 
inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.

[51 FR 4577, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]



Sec. 1103.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 1103.152--1103.159  [Reserved]



Sec. 1103.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 1103.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity, 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action

[[Page 486]]

that would not result in such an alteration or such burdens but would 
nevertheless ensure that, to the maximum extent possible, handicapped 
persons receive the benefits and services of the program or activity.
Secs. 1103.161--1103.169  [Reserved]



Sec. 1103.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) Director, Equal Employment Opportunity shall be responsible for 
coordinating implementation of this section. Complaints may be sent to 
Director, Equal Employment Opportunity, International Boundary and Water 
Commission, United States and Mexico, United States Section, The 
Commons, Building C, Suite 310, 4171 North Mesa, El Paso, Texas 79902.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found;
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1103.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 4577, Feb. 5, 1986, as amended at 51 FR 4577, Feb. 5, 1986]
Secs. 1103.171--1103.999  [Reserved]



PART 1104--PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents




Sec.
1104.1  Purpose.
1104.2  Definitions.
1104.3  Prohibited acts.
1104.4  Permit requirements and exceptions.
1104.5  Application for permits and information collection.
1104.6  Notification to Indian tribes of possible harm to, or 
          destruction of, sites on public lands having religious or 
          cultural importance.
1104.7  Issuance of permits.
1104.8  Terms and conditions of permits.
1104.9  Suspension and revocation of permits.
1104.10  Appeals relating to permits.

[[Page 487]]

1104.11  Relationship to section 106 of the National Historic 
          Preservation Act.
1104.12  Custody of archaeological resources.
1104.13  Determination of archaeological or commercial value and cost of 
          restoration and repair.
1104.14  Assessment of civil penalties.
1104.15  Civil penalty amounts.
1104.16  Other penalties and rewards.
1104.17  Confidentiality of archaeological resource information.
1104.18  Report to the Secretary of the Interior.

    Authority: Pub. L. 96-95, 93 Stat. 721 (16 U.S.C. 470aa-11) (Sec. 
10(a).) Related Authority: Pub. L. 59-209, 34 Stat. 225 (16 U.S.C. 432, 
433); Pub. L. 86-523, 74 Stat. 220, 221 (16 U.S.C. 469), as amended, 88 
Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 915 (16 U.S.C. 470a-t), as 
amended, 84 Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 1320 (1976), 
92 Stat. 3467 (1978), 94 Stat. 2987 (1980); Pub. L. 95-341, 92 Stat. 469 
(42 U.S.C. 1996).

    Source: 56 FR 21590, May 10, 1991, unless othewise noted.



Sec. 1104.1  Purpose.

    (a) The regulations in this part implement provisions of the 
Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-11) by 
establishing the definitions, standards, and procedures to be followed 
by the Commissioner in providing protection for archaeological 
resources, located on public lands through permits authorizing 
excavation and/or removal of archaeological resources, through civil 
penalties for unauthorized excavation and/or removal, through provisions 
for the preservation of archaeological resource collections and data, 
and through provisions for ensuring confidentiality of information about 
archaeological resources when disclosure would threaten the 
archaeological resources.
    (b) The regulations in this part do not impose any new restrictions 
on activities permitted under other laws, authorities, and regulations 
relating to mining, mineral leasing, reclamation, and other multiple 
uses of the public lands.



Sec. 1104.2  Definitions.

    As used for purposes of this part:
    (a) Archaeological resource means any material remains of human life 
or activities which are at least 100 years of age, and which are of 
archaeological interest.
    (1) Of archaeological interest means capable of providing scientific 
or humanistic understandings of past human behavior, cultural 
adaptation, and related topics through the application of scientific or 
scholarly techniques such as controlled observation, contextual 
measurement, controlled collection, analysis, interpretation and 
explanation.
    (2) Material remains means physical evidence of human habitation, 
occupation, use, or activity, including the site, location, or context 
in which such evidence is situated.
    (3) The following classes of material remains (and illustrative 
examples), if they are at least 100 years of age, are of archaeological 
interest and shall be considered archaeological resources unless 
determined otherwise pursuant to paragraph (a)(4) or (a)(5) of this 
section:
    (i) Surface or subsurface structures, shelters, facilities, or 
features (including, but not limited to, domestic structures, storage 
structures, cooking structures, ceremonial structures, artificial 
mounds, earthworks, fortifications, canals, reservoirs, horticultural/
agricultural gardens or fields, bedrock mortars or grinding surfaces, 
rock alignments, cairns, trails, borrow pits, cooking pits, refuse pits, 
burial pits or graves, hearths, kilns, post molds, wall trenches, 
middens);
    (ii) Surface or subsurface artifact concentrations or scatters;
    (iii) Whole or fragmentary tools, implements, containers, weapons 
and weapon projectiles, clothing, and ornaments (including, but not 
limited to, pottery and other ceramics, cordage, basketry and other 
weaving, bottles and other glassware, bone, ivory, shell, metal, wood, 
hide, feathers, pigments, and flaked, ground, or pecked stone);
    (iv) By-products, waste products, or debris resulting from 
manufacture or use of human-made or natural materials;
    (v) Organic waste (including but not limited to, vegetable and 
animal remains, coprolites);
    (vi) Human remains (including, but not limited to, bone, teeth, 
mummified flesh, burials, cremations);

[[Page 488]]

    (vii) Rock carvings, rock paintings, intaglios and other works of 
artistic or symbolic representation;
    (viii) Rockshelters and caves or portions thereof containing any of 
the above material remains;
    (ix) All portions of shipwrecks (including but not limited to, 
armaments, apparel, tackle, cargo);
    (x) Any portion or piece of any of the foregoing.
    (4) The following material remains shall not be considered of 
archaeological interest, and shall not be considered to be 
archaeological resources for purposes of the Act and this part, unless 
found in a direct physical relationship with archaeological resources as 
defined in this section:
    (i) Paleontological remains;
    (ii) Coins, bullets, and unworked minerals and rocks.
    (5) The Commissioner may determine that certain material remains, in 
specified areas under the Commissioner's jurisdiction, and under 
specified circumstances, are not or are no longer of archaeological 
interest and are not to be considered archaeological resources under 
this part. Any determination made pursuant to this subparagraph shall be 
documented. Such Determination shall in no way affect the Commissioner's 
obligations under other applicable laws or regulations.
    (b) Arrowhead means any projectile point which appears to have been 
designed for use with an arrow.
    (c) Commissioner means the head of the United States Section, 
International Boundary and Water Commission, United States and Mexico, 
and his delegate.
    (d) Public lands means lands to which the United States of America 
holds fee title, and which are under the control of the U.S. Section, 
International Boundary and Water Commission, United States and Mexico.
    (e) Indian tribe as defined in the Act means any Indian tribe, band, 
nation, or other organized group or community. In order to clarify this 
statutory definition for purposes of this part, Indian tribe means:
    (1) Any tribal entity which is included in the annual list of 
recognized tribes published in the Federal Register by the Secretary of 
the Interior pursuant to 25 CFR part 54;
    (2) Any other tribal entity acknowledged by the Secretary of the 
Interior pursuant to 25 CFR part 54 since the most recent publication of 
the annual list;
    (f) Person means an individual, corporation, partnership, trust, 
institution, association, or any other private entity, or any officer, 
employee, agent, department, or instrumentality of the United States, or 
of any Indian tribe, or of any State or political subdivision thereof.
    (g) State means any of the fifty states, the District of Columbia, 
Puerto Rico, Guam, and the Virgin Islands.
    (h) Act means the Archaeological Resources Protection Act of 1979 
(16 U.S.C. 470aa-11.), as amended.



Sec. 1104.3  Prohibited acts.

    (a) No person may excavate, remove, damage, or otherwise alter or 
deface any archaeological resource located on public lands unless such 
activity is pursuant to a permit issued under Sec. 1104.7 or exempted by 
Sec. 1104.4(b) of this part.
    (b) No person may sell, purchase, exchange, transport, or receive 
any archaeological resource, if such resource was excavated or removed 
in violation of:
    (1) The prohibitions contained in paragraph (a) of this section; or
    (2) Any provision, rule, regulation, ordinance, or permit in effect 
under any other provision of Federal law.



Sec. 1104.4  Permit requirements and exceptions.

    (a) Any person proposing to excavate and/or remove archaeological 
resources from public lands, and to carry out activities associated with 
such excavation and/or removal, shall apply to the Commissioner for a 
permit for the proposed work, and shall not begin the proposed work 
until a permit has been issued. The Commissioner may issue a permit to 
any qualified person, subject to appropriate terms and conditions, 
provided that the person applying for a permit meets conditions in 
Sec. 1104.7(a) of this part.
    (b) Exceptions:

[[Page 489]]

    (1) No permit shall be required under this part for any person 
conducting activities on the public lands under other permits, leases, 
licenses, or entitlements for use, when those activities are exclusively 
for purposes other than the excavation and/or removal of archaeological 
resources, even though those activities might incidentally result in the 
disturbance of archaeological resources. General earth-moving excavation 
conducted under a permit or other authorization shall not be construed 
to mean excavation and/or removal as used in this part. This exception 
does not, however, affect the Commissioner's responsibility to comply 
with other authorities which protect archaeological resources prior to 
approving permits, leases, licenses, or entitlements for use; any 
excavation and/or removal of archaeological resources required for 
compliance with those authorities shall be conducted in accordance with 
the permit requirements of this part.
    (2) No permit shall be required under this part for any person 
collecting for private purposes any rock, coin, bullet, or mineral which 
is not an archaeological resource as defined in this part, provided that 
such collecting does not result in disturbance of any archaeological 
resource.
    (3) No permit shall be required under section 3 of the Act of June 
8, 1906 (16 U.S.C. 432) for any archaeological work for which a permit 
is issued under this part.
    (c) Persons carrying out official agency duties under the 
Commissioner's direction, associated with the management of 
archaeological resources, need not follow the permit application 
procedures of Sec. 1104.5. However, the Commissioner shall insure that 
provisions of Secs. 1104.7 and 1104.8 have been met by other documented 
means, and that any official duties which might result in harm to or 
destruction of any Indian tribal religious or cultural site, as 
determined by the Commissioner, have been the subject of consideration 
under Sec. 1104.6.
    (d) Upon the written request of the Governor of any State, on behalf 
of the State or its educational institutions, the Commissioner shall 
issue a permit, subject to the provisions of Secs. 1104.4(b)(5), 1104.6, 
1104.7(a) (3), (4), (5), (6), and (7), 1104.8, 1104.9, 1104.11, and 
1104.12(a) to such Governor or to such designee as the Governor deems 
qualified to carry out the intent of the Act, for purposes of conducting 
archaeological research, excavating and/or removing archaeological 
resources, and safeguarding and preserving any materials and data 
collected in a university, museum, or other scientific or educational 
institution approved by the Commissioner.
    (e) Under other statutory, regulatory, or administrative authorities 
governing the use of public lands, authorizations may be required for 
activities which do not require a permit under this part. Any person 
wishing to conduct on public lands any activities related to but 
believed to fall outside the scope of this part should consult with the 
Commissioner, for the purpose of determining whether any authorization 
is required, prior to beginning such activities.



Sec. 1104.5  Application for permits and information collection.

    (a) Any person may apply to the Commissioner for a permit to 
excavate and/or remove archaeological resources from public lands and to 
carry out activities associated with such excavation and/or removal.
    (b) Each application for a permit shall include:
    (1) The nature and extent of the work proposed, including how and 
why it is proposed to be conducted, proposed time of performance, 
locational maps, and proposed outlet for public written dissemination of 
the results.
    (2) The name and address of the individual(s) proposed to be 
responsible for conducting the work, institutional affiliation, if any, 
and evidence of education, training, and experience in accord with the 
minimal qualifications listed in Sec. 1104.7(a).
    (3) The name and address of the individual(s), if different from the 
individual(s) named in paragraph (b)(2) of this section, proposed to be 
responsible for carrying out the terms and conditions of the permit.
    (4) Evidence of the applicant's ability to initiate, conduct, and 
complete the proposed work, including evidence of

[[Page 490]]

logistical support and laboratory facilities.
    (5) Where the application is for the excavation and/or removal of 
archaeological resources on public lands, the names of the university, 
museum, or other scientific or educational institution in which the 
applicant proposes to store all collections, and copies of records, 
data, photographs, and other documents derived from the proposed work. 
Applicants shall submit written certification, signed by an authorized 
official of the institution, of willingness to assume curatorial 
responsibility for the collections, records, data, photographs and other 
documents and to safeguard and preserve these materials as property of 
the United States.
    (c) The Commissioner may require additional information, pertinent 
to land management responsibilities, to be included in the application 
for permit and shall so inform the applicant.
    (d) Paperwork Reduction Act. The information collection requirement 
contained in Sec. 1104.5 of these regulations has been approved by the 
Office of Management and Budget under 44 U.S.C. 3501 et seq. and 
assigned clearance number 1024-0037. The purpose of the information 
collection is to meet statutory and administrative requirements in the 
public interest. The information will be used to assist the Commissioner 
in determining that applicants for permits are qualified, that the work 
proposed would further archaeological knowledge, that archaeological 
resources and associated records and data will be properly preserved, 
and that the permitted activity would not conflict with the management 
of the public lands involved. Response to the information requirement is 
necessary in order for an applicant to obtain a benefit.



Sec. 1104.6  Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or cultural importance.

    (a) If the issuance of a permit under this part may result in harm 
to, or destruction of, any Indian tribal religious or cultural site on 
public lands, as determined by the Commissioner, at least 30 days before 
issuing such a permit the Commissioner shall notify any Indian tribe 
which may consider the site as having religious or cultural importance. 
Such notice shall not be deemed a disclosure to the public for purposes 
of section 9 of the Act.
    (1) Notice by the Commissioner to any Indian tribe shall be sent to 
the chief executive officer or other designated official of the tribe. 
Indian tribes are encouraged to designate a tribal official to be the 
focal point for any notification and discussion between the tribe and 
the Commissioner.
    (2) The Commissioner may provide notice to any other Native American 
group that is known by the Commissioner to consider sites potentially 
affected as being of religious or cultural importance.
    (3) Upon request during the 30-day period, the Commissioner may meet 
with official representatives of any Indian tribe or group to discuss 
their interests, including ways to avoid or mitigate potential harm or 
destruction such as excluding sites from the permit area. Any mitigation 
measures which are adopted shall be incorporated into the terms and 
conditions of the permit under Sec. 1104.8.
    (4) When the Commissioner determines that a permit applied for under 
this part must be issued immediately because of an imminent threat of 
loss or destruction of an archaeological resource, the Commissioner 
shall so notify the appropriate tribe.
    (b)(1) In order to identify sites of religious or cultural 
importance, the Commissioner shall seek to identify all Indian tribes 
having aboriginal or historic ties to the lands under the Commissioner's 
jurisdiction and seek to determine, from the chief executive officer or 
other designated official of any such tribe, the location and nature of 
specific sites of religious or cultural importance so that such 
information may be on file for land management purposes. Information on 
site eligible for or included in the National Register of Historic 
Places may be withheld from public disclosure pursuant to section 304 of 
the Act of October 15, 1966, as amended (16 U.S.C. 470w-3).
    (2) If the Commissioner becomes aware of a Native American group 
that is not an Indian tribe as defined in this part but has aboriginal 
or historic ties

[[Page 491]]

to public lands under the Commissioner's jurisdiction, the Commissioner 
may seek to communicate with official representatives of that group to 
obtain information on sites they may consider to be of religious or 
cultural importance.
    (3) The Commissioner may enter into agreement with any Indian tribe 
or other Native American group for determining locations for which such 
tribe or group wishes to receive notice under this section.



Sec. 1104.7  Issuance of permits.

    (a) The Commissioner may issue a permit, for a specified period of 
time appropriate to the work to be conducted, upon determining that:
    (1) The applicant is appropriately qualified, as evidenced by 
training, education, and/or experience, and possesses demonstrable 
competence in archaeological theory and methods, and in collecting, 
handling, analyzing, evaluating, and reporting archaeological data, 
relative to the type and scope of the work proposed, and also meets the 
following minimum qualifications:
    (i) A graduate degree in anthropology or archaeology, or equivalent 
training and experience;
    (ii) The demonstrated ability to plan, equip, staff, organize, and 
supervise activity of the type and scope proposed;
    (iii) The demonstrated ability to carry research to completion, as 
evidenced by timely completion of theses, research reports, or similar 
documents;
    (iv) Completion of at least 16 months of professional experience 
and/or specialized training in archaeological field, laboratory, or 
library research, administration, or management, including at least 4 
months experience and/or specialized training in the kind of activity 
the individual proposes to conduct under authority of a permit; and
    (v) Applicants proposing to engage in historical archaeology should 
have had at least one year of experience in research concerning 
archaeological resources of the prehistoric period.
    (2) The proposed work is to be undertaken for the purpose of 
furthering archaeological knowledge in the public interest, which may 
include but need not be limited to, scientific or scholarly research, 
and preservation of archaeological data;
    (3) The proposed work, including time, scope, location, and purpose, 
is not inconsistent with any management plan or established policy, 
objectives, or requirements applicable to the management of the public 
lands concerned;
    (4) Where the proposed work consists of archaeological survey and/or 
data recovery undertaken in accordance with other approved uses of the 
public lands, and the proposed work has been agreed to in writing by the 
Commissioner pursuant to section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f), paragraphs (a)(2) and (a)(3) of this 
section shall be deemed satisfied by the prior approval;
    (5) Evidence is submitted to the Commissioner that any university, 
museum, or other scientific or educational institution proposed in the 
application as the repository possesses adequate curatorial capability 
for safeguarding and preserving the archaeological resources and all 
associated records; and
    (6) The applicant has certified that, not later than 90 days after 
the date the final report is submitted to the Commissioner, the 
following will be delivered to the appropriate official of the approved 
university, museum, or other scientific or educational institution, 
which shall be named in the permit:
    (i) All artifacts, samples, collections, and copies of records, 
data, photographs, and other documents resulting from work conducted 
under the requested permit where the permit is for the excavation and/or 
removal of archaeological resources from public lands.
    (b) When the area of the proposed work would cross jurisdictional 
boundaries, so that permit applications must be submitted to more than 
one Federal agency, the Commissioner shall coordinate the review and 
evaluation of applications and the issuance of permits.



Sec. 1104.8  Terms and conditions of permits.

    (a) In all permits issued, the Commissioner shall specify:
    (1) The nature and extent of work allowed and required under the 
permit,

[[Page 492]]

including the time, duration, scope, location, and purpose of the work;
    (2) The name of the individual(s) responsible for conducting the 
work and, if different, the name of the individual(s) responsible for 
carrying out the terms and conditions of the permit;
    (3) The name of any university, museum, or other scientific or 
educational institutions in which any collected materials and data shall 
be deposited; and
    (4) Reporting requirements.
    (b) The Commissioner may specify such terms and conditions as deemed 
necessary, consistent with this part, to protect public safety and other 
values and/or resources, to secure work areas, to safeguard other 
legitimate land uses, and to limit activities incidental to work 
authorized under a permit.
    (c) Initiation of work or other activities under the authority of a 
permit signifies the permittee's acceptance of the terms and conditions 
of the permit.
    (d) The permittee shall not be released from requirements of a 
permit until all outstanding obligations have been satisifed, whether or 
not the term of the permit has expired.
    (e) The permittee may request that the Commissioner extend or modify 
a permit.
    (f) The permittee's performance under any permit issued for a period 
greater than 1 year shall be subject to review by the Commissioner, at 
least annually.



Sec. 1104.9  Suspension and revocation of permits.

    (a) Suspension or revocation for cause. (1) The Commissioner may 
suspend a permit issued pursuant to this part upon determining that the 
permittee has failed to meet any of the terms and conditions of the 
permit or has violated any prohibition of the Act or Sec. 1104.3. The 
Commissioner shall provide written notice to the permittee of the 
suspension, the cause thereof, and the requirements which must be met 
before the suspension will be removed.
    (2) The Commissioner may revoke a permit upon assessment of a civil 
penalty under Sec. 1104.14 upon the permittee's conviction under section 
6 of the Act, or upon determining that the permittee has failed after 
notice under this section to correct the situation which led to 
suspension of the permit.
    (b) Suspension or revocation for management purposes. The 
Commissioner may suspend or revoke a permit, without liability to the 
United States, its agents, or employees, when continuation of work under 
the permit would be in conflict with management requirements not in 
effect when the permit was issued. The Commissioner shall provide 
written notice to the permittee stating the nature of and basis for the 
suspension or revocation.



Sec. 1104.10  Appeals relating to permits.

    Any affected person may appeal permit issuance, denial of permit 
issuance, suspension, revocation, and terms and conditions of a permit.



Sec. 1104.11  Relationship to section 106 of the National Historic Preservation Act.

    Issuance of a permit in accordance with the Act and this part does 
not constitute an undertaking requiring compliance with section 106 of 
the Act of October 15, 1966 (16 U.S.C. 470f). However, the mere issuance 
of such a permit does not excuse the Commissioner from compliance with 
section 106 where otherwise required.



Sec. 1104.12  Custody of archaeological resources.

    (a) Archaeological resources excavated or removed from the public 
lands remain the property of the United States.
    (b) The Commissioner may provide for the exchange of archaeological 
resources among suitable universities, museums, or other scientific or 
educational institutions, when such resources have been excavated or 
removed from public lands under the authority of a permit issued by the 
Commissioner.



Sec. 1104.13  Determination of archaeological or commercial value and cost of restoration and repair.

    (a) Archaeological value. For purposes of this part, the 
archaeological value of any archaeological resource involved in a 
violation of the prohibitions in Sec. 1104.3 of this part or conditions 
of a permit issued pursuant to this part

[[Page 493]]

shall be the value of the information associated with the archaeological 
resource. This value shall be appraised in terms of the costs of the 
retrieval of the scientific information which would have been obtainable 
prior to the violation. These costs may include, but need not be limited 
to, the cost of preparing a research design, conducting field work, 
carrying out laboratory analysis, and preparing reports as would be 
necessary to realize the information potential.
    (b) Commercial value. For purposes of this part, the commercial 
value of any archaeological resource involved in a violation of the 
prohibitions in Sec. 1104.3 of this part or conditions of a permit 
issued pursuant to this part shall be its fair market value. Where the 
violation has resulted in damage to the archaeological resource, the 
fair market value should be determined using the condition of the 
archaeological resource prior to the violation, to the extent that its 
prior condition can be ascertained.
    (c) Cost of restoration and repair. For purposes of this part, the 
cost of restoration and repair of archaeological resources damaged as a 
result of a violation of prohibitions or conditions pursuant to this 
part, shall be the sum of the costs already incurred for emergency 
restoration or repair work, plus those costs projected to be necessary 
to complete restoration and repair, which may include, but need not be 
limited to, the costs of the following:
    (1) Reconstruction of the archaeological resource;
    (2) Stabilization of the archaeological resource;
    (3) Ground contour reconstruction and surface stabilization;
    (4) Research necessary to carry out reconstruction or stabilization;
    (5) Physical barriers or other protective devices, necessitated by 
the disturbance of the archaeological resource, to protect it from 
further disturbance;
    (6) Examination and analysis of the archaeological resource 
including recording remaining archaeological information, where 
necessitated by disturbance, in order to salvage remaining values which 
cannot be otherwise conserved;
    (7) Reinterment of human remains in accordance with religious custom 
and State, local, or tribal law, where appropriate, as determined by the 
Commissioner;
    (8) Preparation of reports relating to any of the above activities.



Sec. 1104.14  Assessment of civil penalties.

    (a) The Commissioner may assess a civil penalty against any person 
who has violated any prohibition contained in Sec. 1104.3 or who has 
violated any term or condition included in a permit issued in accordance 
with the Act and this part.
    (b) Notice of violation. The Commissioner shall serve a notice of 
violation upon any person believed to be subject to a civil penalty, 
either in person or by registered or certified mail (return receipt 
requested). The Commissioner shall include in the notice:
    (1) A concise statement of the facts believed to show a violation;
    (2) A specific reference to the provision(s) of this part or to a 
permit issued pursuant to this part allegedly violated;
    (3) The amount of penalty proposed to be assessed, including any 
initial proposal to mitigate or remit where appropriate, or a statement 
that notice of a proposed penalty amount will be served after the 
damages associated with the alleged violation have been ascertained;
    (4) Notification of the right to file a petition for relief pursuant 
to paragraph (d) of this section, or to await the Commissioner's notice 
of assessment, and to request a hearing in accordance with paragraph (g) 
of this section. The notice shall also inform the person of the right to 
seek judicial review of any final administrative decision assessing a 
civil penalty.
    (c) The person served with a notice of violation shall have 45 
calendar days from the date of its service (or the date of service of a 
proposed penalty amount, if later) in which to respond. During this time 
the person may:
    (1) Seek informal discussions with the Commissioner;
    (2) File a petition for relief in accordance with paragraph (d) of 
this section;
    (3) Take no action and await the Commissioner's notice of 
assessment;

[[Page 494]]

    (4) Accept in writing or by payment the proposed penalty, or any 
mitigation or remission offered in the notice. Acceptance of the 
proposed penalty or mitigation or remission shall be deemed a waiver of 
the notice of assessment and of the right to request a hearing under 
paragraph (g) of this section.
    (d) Petition for relief. The person served with a notice of 
violation may request that no penalty be assessed or that the amount be 
reduced, by filing a petition for relief with the Commissioner within 45 
calendar days of the date of service of the notice of violation (or of a 
proposed penalty amount, if later). The petition shall be in writing and 
signed by the person served with the notice of violation. If the person 
is a corporation, the petition must be signed by an officer authorized 
to sign such documents. The petition shall set forth in full the legal 
or factual basis for the requested relief.
    (e) Assessment of penalty. (1) The Commissioner shall assess a civil 
penalty upon expiration of the period for filing a petition for relief, 
upon completion of review of any petition filed, or upon completion of 
informal discussions, whichever is later.
    (2) The Commissioner shall take into consideration all available 
information, including information provided pursuant to paragraphs (c) 
and (d) of this section or furnished upon further request by the 
Commissioner.
    (3) If the facts warrant a conclusion that no violation has 
occurred, the Commissioner shall so notify the person served with a 
notice of violation, and no penalty shall be assessed.
    (4) Where the facts warrant a conclusion that a violation has 
occurred, the Commissioner shall determine a penalty amount in 
accordance with Sec. 1104.15.
    (f) Notice of assessment. The Commissioner shall notify the person 
served with a notice of violation of the penalty amount assessed by 
serving a written notice of assessment, either in person or by 
registered or certified mail (return receipt requested). The 
Commissioner shall include in the notice of assessment:
    (1) The facts and conclusions from which it was determined that a 
violation did occur;
    (2) The basis in Sec. 1104.15 for determining the penalty amount 
assessed and/or any offer to mitigate or remit the penalty; and
    (3) Notification of the right to request a hearing, including the 
procedures to be followed, and to seek judicial review of any final 
administrative decision assessing a civil penalty.
    (g) Hearings. (1) Except where the right to request a hearing is 
deemed to have been waived as provided in paragraph (c)(4) of this 
section, the person served with a notice of assessment may file a 
written request for a hearing with the adjudicatory body specified in 
the notice. The person shall enclose with the request for hearing a copy 
of the notice of assessment, and shall deliver the request as specified 
in the notice of assessment, personally or by registered or certified 
mail (return receipt requested).
    (2) Failure to deliver a written request for a hearing within 45 
days of the date of service of the notice of assessment shall be deemed 
a waiver of the right to a hearing.
    (3) Any hearing conducted pursuant to this section shall be held in 
accordance with 5 U.S.C. 554. In any such hearing, the amount of civil 
penalty assessed shall be determined in accordance with this part, and 
shall not be limited by the amount assessed by the Commissioner under 
paragraph (f) of this section or any offer of mitigation or remission 
made by the Commissioner.
    (h) Final administrative decision. (1) Where the person served with 
a notice of violation has accepted the penalty pursuant to paragraph 
(c)(4) of this section, the notice of violation shall constitute the 
final administrative decision;
    (2) Where the person served with a notice of assessment has not 
filed a timely request for a hearing pursuant to paragraph (g)(1) of 
this section, the notice of assessment shall constitute the final 
administrative decision;
    (3) Where the person served with a notice of assessment has filed a 
timely request for a hearing pursuant to paragraph (g)(1) of this 
section, the decision

[[Page 495]]

resulting from the hearing or any applicable administrative appeal 
therefrom shall constitute the final administrative decision.
    (i) Payment of penalty. (1) The person assessed a civil penalty 
shall have 45 calendar days from the date of issuance of the final 
administrative decision in which to make full payment of the penalty 
assessed, unless a timely request for appeal has been filed with a 
United States District Court as provided in section 7(b)(1) of the Act.
    (2) Upon failure to pay the penalty, the Commissioner may request 
the Attorney General to institute a civil action to collect the penalty 
in a United States District Court for any district in which the person 
assessed a civil penalty is found, resides, or transacts business. Where 
the Commissioner is not represented by the Attorney General, a civil 
action may be initiated directly by the Commissioner.
    (j) Other remedies not waived. Assessment of a penalty under this 
section shall not be deemed a waiver of the right to pursue other 
available legal or administrative remedies.



Sec. 1104.15  Civil penalty amounts.

    (a) Maximum amount of penalty. (1) Where the person being assessed a 
civil penalty has not committed any previous violation of any 
prohibition in Sec. 1104.3 or of any term or condition included in a 
permit issued pursuant to this part, the maximum amount of the penalty 
shall be the full cost of restoration and repair of archaeological 
resources damaged plus the archaeological or commercial value of 
archaeological resources destroyed or not recovered.
    (2) Where the person being assessed a civil penalty has committed 
any previous violation of any prohibition in Sec. 1104.3 or of any term 
or condition included in a permit issued pursuant to this part, the 
maximum amount of the penalty shall be double the cost of restoration 
and repair plus double the archaeological or commercial value of 
archaeological resources destroyed or not recovered.
    (3) Violations limited to the removal of arrowheads located on the 
surface of the ground shall not be subject to the penalties prescribed 
in this section.
    (b) Determination of penalty amount, mitigation, and remission. The 
Commissioner may assess a penalty amount less than the maximum amount of 
penalty and may offer to mitigate or remit the penalty.
    (1) Determination of the penalty amount and/or a proposal to 
mitigate or remit the penalty may be based upon any of the following 
factors:
    (i) Agreement by the person being assessed a civil penalty to return 
to the Commissioner archaeological resources removed from public lands;
    (ii) Agreement by the person being assessed a civil penalty to 
assist the Commissioner in activity to preserve, restore, or otherwise 
contribute to the protection and study of archaeological resources on 
public lands;
    (iii) Agreement by the person being assessed a civil penalty to 
provide information which will assist in the detection, prevention, or 
prosecution of violations of the Act or this part;
    (iv) Demonstration of hardship or inability to pay, provided that 
this factor shall only be considered when the person being assessed a 
civil penalty has not been found to have previously violated the 
regulations in this part;
    (v) Determination that the person being assessed a civil penalty did 
not willfully commit the violation;
    (vi) Determination that the proposed penalty would constitute 
excessive punishment under the circumstances;
    (vii) Determination of other mitigating circumstances appropriate to 
consideration in reaching a fair and expeditious assessment.
    (2) When the penalty is for a violation which may have had an effect 
on a known Indian tribal religious or cultural site on public lands, the 
Commissioner should consult with and consider the interests of the 
affected tribe(s) prior to proposing to mitigate or remit the penalty.



Sec. 1104.16  Other penalties and rewards.

    (a) Section 6 of the Act contains criminal prohibitions and 
provisions for criminal penalties. Section 8(b) of the Act provides that 
archaeological resources, vehicles, or equipment involved in a violation 
may be subject to forfeiture.

[[Page 496]]

    (b) Section 8(a) of the Act provides for rewards to be made to 
persons who furnish information which leads to conviction for a criminal 
violation or to assessment of a civil penalty. The Commissioner may 
certify to the Secretary of the Treasury that a person is eligible to 
receive payment. Officers and employees of Federal, State, or local 
government who furnish information or render service in the performance 
of their official duties, and persons who have provided information 
under Sec. 1104.15(b)(1)(iii) shall not be certified eligible to receive 
payment of rewards.



Sec. 1104.17  Confidentiality of archaeological resource information.

    (a) The Commissioner shall not make available to the public, under 
subchapter II of chapter 5 of title 5 of the United States Code or any 
other provision of law, information concerning the nature and location 
of any archaeological resource, with the following exceptions:
    (1) The Commissioner may make information available, provided that 
the disclosure will further the purposes of the Act and this part, or 
the Act of June 27, 1960, as amended (16 U.S.C. 469-469c), without 
risking harm to the archaeological resource or to the site in which it 
is located.
    (2) The Commissioner shall make information available, when the 
Governor of any State has submitted to the Commissioner a written 
request for information, concerning the archaeological resources within 
the requesting Governor's State, provided that the request includes:
    (i) The specific archaeological resource or area about which 
information is sought;
    (ii) The purpose for which the information is sought; and
    (iii) The Governor's written commitment to adequately protect the 
confidentiality of the information.



Sec. 1104.18  Report to the Secretary of the Interior.

    The Commissioner, when requested by the Secretary of the Interior, 
shall submit such information as is necessary to enable the Secretary to 
comply with section 13 of the Act.

[[Page 497]]



 CHAPTER XII--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY




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

Part                                                                Page
1201            Public information..........................         498
1202            Regulations to implement the Privacy Act of 
                    1974....................................         498
1203            Employee responsibilities and conduct.......         498

[[Page 598]]



PART 1201--PUBLIC INFORMATION--Table of Contents




    Authority: Sec. 621, 22 U.S.C. 2381, as amended; 5 U.S.C. 552.

    Cross Reference--The regulations establishing procedures under the 
Freedom of Information Act for the United States International 
Development Cooperation Agency are codified in 22 CFR 212.1 through 
212.51, prescribed jointly by the United States International 
Development Cooperation Agency and the Agency for International 
Development.

[45 FR 20790, Mar. 31, 1980]



PART 1202--REGULATIONS TO IMPLEMENT THE PRIVACY ACT OF 1974--Table of Contents




    Authority: Sec. 621, 22 U.S.C. 2381, as amended; 5 U.S.C. 552a.

    Cross Reference--The regulations establishing procedures by which an 
individual may obtain notification of the existence of agency records 
pertaining to that individual, gain access to those records, request an 
amendment to those records, and appeal adverse decisions to requests for 
amendment or correction of agency records are codified as 22 CFR 215.1 
through 215.14, prescribed jointly by the United States International 
Development Cooperation Agency and the Agency for International 
Development.

[45 FR 20791, Mar. 31, 1980]



PART 1203--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents




                      Subpart A--General Provisions

Sec.
1203.735-101  Purpose.
1203.735-102  Definitions.
1203.735-103  Interpretation and advisory service.
1203.735-104  Applicability to detailed employees.
1203.735-105  Disciplinary action.

 Subpart B--Ethical and Other Conduct and Responsibilities of Employees

1203.735-201  General.
1203.735-202  Gifts, entertainment, and favors.
1203.735-203  Gifts from foreign governments.
1203.735-204  Outside employment and other activity.
1203.735-205  Financial interests.
1203.735-206  Economic and financial activities of employees abroad.
1203.735-207  Use of Government property.
1203.735-208  Misuse of information.
1203.735-209  Indebtedness.
1203.735-210  Gambling, betting, and lotteries.
1203.735-211  Activities relating to private organizations and politics.
1203.735-212  Wearing of uniforms.
1203.735-213  Recommendations for employment.
1203.735-214  Transmitting communications and gifts.
1203.735-215  General conduct prejudicial to the Government.
1203.735-216  Miscellaneous statutory provisions.
1203.735-217  Requesting exceptions from certain statutory prohibitions.

  Subpart C--Ethical and Other Conduct and Responsibilities of Special 
                          Government Employees

1203.735-301  Conflicts of interest.
1203.735-302  Use of Government employment.
1203.735-303  Use of inside information.
1203.735-304  Coercion.
1203.735-305  Gifts, entertainment, and favors.
1203.735-306  Miscellaneous statutory provisions.

       Subpart D--Statements of Employment and Financial Interests

1203.735-401  Employees required to submit statements.
1203.735-402  Employees not required to submit statements.
1203.735-403  Employee's complaint on filing requirement.
1203.735-404  Time and place of submission, and forms.
1203.735-405  Information required.
1203.735-406  Submission of position description.
1203.735-407  Supplementary statements.
1203.735-408  Review of statements and determination as to conflicts of 
          interest.
1203.735-409  Confidentiality of employees' statements.
1203.735-410  Effect of employees' statements on other requirements.
1203.735-411  Disqualification procedures.

    Authority: EO 11222 of May 8, 1965, as amended; 5 CFR 735.104.

    Source: 43 FR 18976, May 2, 1978, and 45 FR 18922, Mar. 24, 1980, 
unless otherwise noted.


[[Page 499]]


    Editorial Note: At 45 FR 18922, Mar. 24, 1980, the International 
Development Cooperation Agency added part 1203 by adopting and amending 
regulations of the Department of State codified in 22 CFR 10.735-101 
through 10.735-411. The State Department regulations were originally 
published in full text at 43 FR 18976, May 2, 1978.



                      Subpart A--General Provisions



Sec. 1203.735-101  Purpose.

    The maintenance of the highest standards of honesty, integrity, 
impartiality, and conduct by Government employees and special Government 
employees is essential to assure the proper performance of the 
Government business and the maintenance of confidence by citizens in 
their Government. The avoidance of misconduct and conflicts of interest 
on the part of Government employees and special Government employees 
through informed judgment is indispensable to the maintenance of these 
standards. To accord with these concepts the regulations in this part 
prescribe standards of conduct and responsibilities for employees and 
special Government employees and require statements reporting employment 
and financial interests.

    Note: These regulations are codified in State 3 FAM 620, AID 
Handbook 24, and ICA MOA V-A 550.



Sec. 1203.735-102  Definitions.

    (a) Agency means the United States International Development 
Cooperation Agency (IDCA).
    (b) Employee means an officer or employee at home or abroad, of an 
agency named in paragraph (a) of this section, but does not include a 
special Government employee or a member of the Army, Navy, Air Force, 
Marine Corps, Coast Guard, National Oceanic and Atmospheric 
Administration, or Public Health Service.
    (c) Executive order means Executive Order 11222 of May 8, 1965, as 
amended.
    (d) Person means an individual, a corporation, a company, an 
association, a firm, a partnership, a society, a joint stock company, or 
any other organization or institution.
    (e) Special Government employee means an officer or employee of an 
agency who is retained, designated, appointed, or employed to perform, 
with or without compensation, for not to exceed 130 days during any 
period of 365 consecutive days, temporary duties either on a full-time 
or intermittent basis.
    (f) Member of an employee's family means a spouse, minor child, or 
other member of an employee's immediate household. For the purpose of 
these regulations member of an employee's immediate or in-law household 
means those blood relations who are residents of the employee's 
household.
    (g) Counselor means the agency's Counselor on Ethical Conduct and 
Conflicts of Interest.



Sec. 1203.735-103  Interpretation and advisory service.

    (a) Counseling services on employee responsibilities and conduct are 
available in each agency. These services are to be coordinated by a 
Counselor appointed by the agency head. The Counselor for IDCA is the 
General Counsel. The Counselor serves as the agency's designee to the 
Civil Service Commission on matters covered by the regulations in this 
part and is responsible for coordination of the agency's counseling 
services under paragraph (b) of this section and for assuring that 
counseling and interpretations on questions of conflicts of interest and 
other matters covered by these sections are available to deputy 
counselors designated under paragraph (b) of this section.
    (b) Each agency head may designate deputy counselors for the 
agency's employees and special Government employees. Deputy Counselors 
designated under this section must be qualified and in a position to 
give authoritative advice and guidance to each employee and special 
Government employee who seeks advice and guidance on questions of 
conflicts of interest and on other matters covered by the regulations in 
this part. A Washington employee or special Government employee should 
address any inquiries concerning the regulations in this part to the 
Counselor. At missions abroad the chief of each agency's establishment 
designates an officer, preferably the legal officer where one is 
available, to provide counseling services under the guidance of the 
Counselor; a single officer may

[[Page 500]]

serve all agencies. An employee or special Government employee serving 
abroad should submit inquiries to the officer designated.
    (c) Each agency shall periodically notify its employees and special 
Government employees of the availability of counseling services and how 
and when these services are available. A new employee or special 
Government employee shall be notified at the time of entrance on duty.



Sec. 1203.735-104  Applicability to detailed employees.

    All the regulations of subparts A, B, and D of this part are 
applicable to an employee of another U.S. Government agency who may be 
serving on detail or assignment, formally or informally, on a 
reimbursable or nonreimbursable basis through a Participating Agency 
Service Agreement or otherwise, with an agency named in Sec. 1203.735-
102(a). However, disciplinary action shall be taken against such an 
employee only by the employing agency.



Sec. 1203.735-105  Disciplinary action.

    A violation of the regulations in this part by an employee or 
special Government employee may be cause for appropriate disciplinary 
action, including separation for cause, which may be in addition to any 
penalty prescribed by law.



 Subpart B--Ethical and Other Conduct and Responsibilities of Employees



Sec. 1203.735-201  General.

    (a) Proscribed actions. An employee shall avoid any action, whether 
or not specifically prohibited by the regulations in this part, which 
might result in, or create the appearance of:
    (1) Using public office for private gain;
    (2) Giving preferential treatment to any person;
    (3) Impeding Government efficiency or economy;
    (4) Losing independence or impartiality;
    (5) Making a Government decision outside official channels; or
    (6) Affecting adversely the confidence of the public in the 
integrity of the Government.
    (b) Applicability to members of families of employees. A U.S. 
citizen employee shall take care that certain responsibilities placed on 
the employee are also observed by members of the employee's family. 
These are the restrictions in regard to: Acceptance of gifts 
(Secs. 1203.735-202 and 1203.735-203); economic and financial activities 
abroad (Sec. 1203.735-206); teaching, lecturing, and writing 
(Sec. 1203.735-204(c)); participation in activities of private 
organizations (Sec. 1203.735-211(c)); and political activities abroad 
(Sec. 1203.735-211(g)).



Sec. 1203.735-202  Gifts, entertainment, and favors.

    (a) Acceptance prohibited. Except as provided in paragraphs (b), 
(c), and (d) of this section, an employee shall not solicit or accept, 
directly or indirectly, any gift, gratuity, favor, entertainment, loan, 
or any other thing of monetary value, from a person who:
    (1) Has, or is seeking to obtain, contractual or other business or 
financial relations with the employee's agency;
    (2) Conducts operations or activities that are regulated by the 
employee's agency;
    (3) Has interests that may be substantially affected by the 
performance or nonperformance of the employee's official duty; or
    (4) Appears to be offering the gift with the hope or expectation of 
obtaining advantage or preferment in dealing with the U.S. Government 
for any purpose.
    (b) Acceptance permitted. The provisions of paragraph (a) of this 
section do not apply to:
    (1) Gifts, gratuities, favors, entertainments, loans, or any other 
thing of monetary value received on account of close family or personal 
relationships when the circumstances make it clear that it is that 
relationship rather than the business of the persons concerned which is 
the motivating factor;
    (2) Acceptance of loans from banks or other financial institutions 
on customary terms to finance proper and usual activities of employees, 
such as home mortgage loans;

[[Page 501]]

    (3) Acceptance of unsolicited advertising or promotional material, 
such as pens, pencils, note pads, calendars, and other items of nominal 
intrinsic value;
    (4) Acceptance of rates and discounts offered to employees as a 
class.
    (c) Acceptance permitted for IDCA employees. For IDCA employees the 
provisions of paragraph (a) of this section do not apply to: Acceptance 
of food and refreshments of nominal value on infrequent occasions in the 
ordinary course of a luncheon or dinner meeting or other meeting or on 
an inspection tour where an employee may properly be in attendance.
    (d) Acceptance permitted for AID employees. For AID employees the 
provisions of paragraph (a) of this section do not apply in the 
following situations:
    (1) Acceptance of food, refreshments, or entertainment of nominal 
value on infrequent occasions offered in the ordinary course of 
luncheons, dinners, or other meetings and gatherings hosted by foreign 
governments or agencies and officials thereof, embassies, and 
international organizations, where the primary purpose of the function 
is representational or social, rather than the transaction of business. 
Where the primary purpose of the function is the transaction of 
business, acceptance is not permitted, except if there is justification 
and reporting in accordance with paragraph (d)(4) of this section.
    (2) Participation in widely attended lunches, dinners, and similar 
gatherings sponsored by industrial, technical, and professional 
associations for the discussion of matters of mutual interest to 
Government and industry.
    (3) Acceptance of food, refreshments, or entertainment in the 
unusual situation where the employee, by virtue of the location of the 
person, firm, corporation, or other entity, or the regulations governing 
its dining facilities, finds it inconvenient or impracticable not to 
accept the offer. Each case of acceptance shall be reported in 
accordance with the requirement of paragraph (d)(4) of this section. In 
no other case shall employees accept food, refreshments, or 
entertainment from private corporations, entities, firms, or individual 
contractors at occasions which are other than widely attended functions 
whose purposes are unrelated to Agency business.
    (4) In exceptional circumstances where acceptance of food, 
refreshments, or entertainment is not authorized by paragraphs (d) (1), 
(2), and (3) of this section, but where, in the judgment of the 
individual concerned, the Government's interest would be served by such 
acceptance directly or indirectly from any foreign government, agency, 
or official thereof or a private person, firm, corporation, or other 
entity which is engaged or is endeavoring to engage in business 
transactions of any sort with AID, an employee may accept the offer: 
Provided, That a report of the circumstances, together with the 
employee's statement as to how the Government's interests were served, 
will be made within 48 hours to the employee's supervisor, or, if the 
employee is serving abroad, or on temporary duty abroad, to the Mission 
Director.
    (e) Gifts to superiors. An employee shall for a gift to an official 
superior, make a donation as a gift to an official superior, or accept a 
gift from an employee receiving less pay than the employee (5 U.S.C. 
7351). However, this paragraph does not prohibit a voluntary gift of 
nominal value or donation in a nominal amount made on a special occasion 
such as marriage, illness, or retirement.
    (f) Neither this section nor Sec. 1203.735-204 precludes an employee 
from receipt of bona fide reimbursement, unless prohibited by law, for 
expenses of travel and such other necessary subsistence as is compatible 
with this part for which no Government payment or reimbursement is made. 
However, this paragraph does not allow an employee to be reimbursed, or 
payment to be made on the employee's behalf, for excessive personal 
living expenses, gifts, entertainment, or other personal benefits, nor 
does it allow an employee to be reimbursed by a person for travel on 
official business under agency orders when reimbursement is proscribed 
by Decision B-128527 of the Comptroller General dated March 7, 1967.

[[Page 502]]



Sec. 1203.735-203  Gifts from foreign governments.

    An employee shall not accept a gift, present, decoration, or other 
thing from a foreign government unless authorized by Congress as 
provided by the Constitution and in 5 U.S.C. 7342, and the regulations 
promulgated thereunder pursuant to E.O. 11320, 31 FR 15789. These 
regulations are set forth in part 3 of this title (as added, 32 FR 6569, 
Apr. 28, 1967), and in 3 FAM 621.



Sec. 1203.735-204  Outside employment and other activity.

    (a) An employee shall not engage in outside employment or other 
outside activity not compatible with the full and proper discharge of 
the duties and responsibilities of Government employment. Incompatible 
activities include but are not limited to:
    (1) Acceptance of a fee, compensation, gift, payment of expense, or 
any other thing of monetary value in circumstances in which acceptance 
may result in, or create the appearance of, conflicts of interest; or
    (2) Outside employment which tends to impair the employee's mental 
or physical capacity to perform Government duties and responsibilities 
in an acceptable manner.
    (b) An employee shall not receive any salary or anything of monetary 
value from a private source as compensation for the employee's services 
to the Government (18 U.S.C. 209).
    (c) Employees are encouraged to engage in teaching, lecturing, and 
writing that is not prohibited by law, the Executive order, this part, 
or the agency regulations. However, an employee shall not, either for or 
without compensation, engage in teaching, lecturing, or writing 
including teaching, lecturing, or writing for the purpose of the special 
preparation of a person or class of persons for an examination of the 
Civil Service Commission or Board of Examiners for the Foreign Service, 
that is dependent on information obtained as a result of Government 
employment, except when that information has been made available to the 
general public or will be made available on request or when the agency 
head gives written authorization for use of nonpublic information on the 
basis that the use is in the public interest. In addition, an employee 
who is a Presidential appointee covered by section 401(a) of the 
Executive order shall not receive compensation or anything of monetary 
value for any consultation, lecture, discussion, writing, or appearance 
the subject matter of which is devoted substantially to the 
responsibilities, programs, or operations of the employee's agency, or 
which draws substantially on official data or ideas which have not 
become part of the body of public information. Employees are referred to 
the detailed rules of their agency with respect to clearance and 
acceptance of compensation (See AID Handbook 18)
    (d) [Reserved]
    (e) An employee shall not render any services, whether or not 
compensated, to any foreign government, state, province, or 
semigovernmental agency, or municipality of any foreign government, or 
to any international organization of states. However, this shall not 
prevent the rendering of such services by employees acting on behalf of 
the United States. Nor shall this provision prevent the rendering of 
services to an international organization of states when otherwise 
consistent with law and when authorized by the appropriate officer. The 
appropriate officer for IDCA is the Assistant Director for 
Administration.
    (f) [Reserved]
    (g) This section does not preclude an employee from:
    (1) Participation in the activities of national or State political 
parties not proscribed by law.
    (2) Participation in the affairs of or acceptance of an award for a 
meritorious public contribution or achievement given by a charitable, 
religious, professional, social, fraternal, nonprofit educational and 
recreational, public service, or civic organization.



Sec. 1203.735-205  Financial interests.

    (a) An employee shall not: (1) Have a direct or indirect financial 
interest that conflicts substantially, or appears to conflict 
substantially with the employee's Government duties and 
responsibilities; or
    (2) Engage in, directly or indirectly, a financial transaction as a 
result of,

[[Page 503]]

or primarily relying on, information obtained through Government 
employment.
    (b) This section does not preclude an employee from having a 
financial interest or engaging in financial transactions to the same 
extent as a private citizen not employed by the Government so long as it 
is not prohibited by law or the regulations in this part.
    (c) Pursuant to the provision of 18 U.S.C. 208(b) the following 
described financial interests of an employee are hereby exempted from 
the requirements of 18 U.S.C. 208(a) and 208(b)(1) as being too remote 
or too inconsequential to affect the integrity of the services of an 
employee. The exemption applies to the financial interests held directly 
by an employee, by the employee's spouse or minor child whether 
individually or jointly with the employee, or by an employee and any 
partner or partners as joint assets of the partnership:
    (1) Investments in State and local government bonds; and stocks, 
bonds, or policies in a mutual fund, investment company, bank or 
insurance company, provided that in the case of a mutual fund, 
investment company, or bank, the fair value of such stock or bond 
holding does not exceed one percent of the value of the reported assets 
of the mutual fund, investment company, or bank. In the case of a mutual 
fund or investment company, this exemption applies only where the assets 
of the fund or company are diversified; it does not apply where the fund 
or company specializes in a particular industry or commodity.
    (2) Interest in an investment club or other group organized for the 
purpose of investing in equity or debt securities: Provided, That the 
fair value of the interest involved does not exceed $10,000 and that the 
interest does not exceed one-fourth of the total assets of the 
investment club or group. Where an employee covered by this exemption is 
a member of a group organized for the purpose of investing in equity or 
debt securities, the interest of the employee in any enterprise in which 
the group holds securities shall be based upon the employee's equity 
share of the holdings of the group in that enterprise.
    (3) If an employee, or the employee's spouse or minor child has a 
present beneficial interest or a vested remainder interest under a 
trust, the ownership of stocks, bonds, or other corporate securities 
under the trust will be exempt to the same extent as provided in 
paragraphs (c)(1) and (2) of this section for the direct ownership of 
such securities. The ownership of bonds other than corporate bonds, or 
of shares in a mutual fund or regulated investment company, under the 
trust will be equally exempt and to the same extent as under paragraphs 
(c) (1) and (2) of this section.
    (4) If an employee is an officer, director, trustee, or employee of 
an educational institution, or if the employee is negotiating for, or 
has an arrangement concerning prospective employment with such an 
institution, a direct financial interest which the institution has in 
any matter will not itself be exempt, but any financial interest that 
the institution may have in the matter through its holdings of 
securities issued by business entities will be exempt: Provided, The 
employee is not serving as a member of the investment committee of the 
institution or is not otherwise advising it on its investment portfolio.
    (5) An employee may continue to participate in a bona fide pension, 
retirement, group life, health or accident insurance plan, or other 
employee welfare or benefit plan that is maintained by a business or 
nonprofit organization by which the employee was formerly employed. Such 
financial interest in that organization will be exempt, except to the 
extent that the welfare or benefit plan is a profit-sharing or stock-
bonus plan and the employee's financial interest thereunder exceeds 
$10,000. This exemption extends also to any financial interests that the 
organization may have in other business activities.
    (d) Nothing in this part shall be deemed to prohibit an employee 
from acting, with or without compensation, as agent or attorney for the 
employee's parents, spouse, child, or any person for whom, or for any 
estate for which, the employee is serving as guardian, executor, 
administrator, trustee, or other personal fiduciary, except in

[[Page 504]]

those matters in which the employee has participated personally and 
substantially as a Government employee, through decision, approval, 
disapproval, recommendation, the rendering of advice, investigation, or 
otherwise, or which are the subject of the employee's official 
responsibility, as defined in 18 U.S.C. 202(b): Provided, The head of 
the employee's division approves in writing.



Sec. 1203.735-206  Economic and financial activities of employees abroad.

    (a) Prohibitions in any foreign country. A U.S. citizen employee 
abroad is specifically prohibited from engaging in the activities listed 
below in any foreign country.
    (1) Speculation in currency exchange.
    (2) Transactions at exchange rates differing from local legally 
available rates, unless such transactions are duly authorized in advance 
by the agency.
    (3) Sales to unauthorized persons (whether at cost or for profit) of 
currency acquired at preferential rates through diplomatic or other 
restricted arrangements.
    (4) Transactions which entail the use, without official sanction, of 
the diplomatic pouch.
    (5) Transfers of funds on behalf of blocked nationals, or otherwise 
in violation of U.S. foreign funds and assets control.
    (6) Independent and unsanctioned private transactions which involve 
an employee as an individual in violation of applicable control 
regulations of foreign governments.
    (7) Acting as a intermediary in the transfer of private funds from 
persons in one country to persons in another country, including the 
United States.
    (8) Permitting use of one's official title in any private business 
transactions or in advertisements for business purposes.
    (b)-(c) [Reserved]
    (d) Business activities of non-U.S. citizen employees. A non-U.S 
citizen employee abroad may engage in outside business activities with 
the prior approval of the head of the overseas establishment on the 
basis of the standards expressed in Sec. 1203.735-204(a).



Sec. 1203.735-207  Use of Government property.

    An employee shall not directly or indirectly use, or allow the use 
of Government property of any kind, including property leased to the 
Government, for other than officially approved activities. An employee 
has a positive duty to protect and conserve Government property, 
including equipment, supplies, and other property entrusted or issued to 
the employee.



Sec. 1203.735-208  Misuse of information.

    For the purpose of furthering a private interest, an employee shall 
not, except as provided in Sec. 1203.735-204(c) directly or indirectly 
use, or allow the use of, official information obtained through or in 
connection with Government employment which has not been made available 
to the general public.



Sec. 1203.735-209  Indebtedness.

    An employee shall pay each just financial obligation in a proper and 
timely manner, especially one imposed by law such as Federal, State, or 
local taxes. For the purpose of this section, a just financial 
obligation means one acknowledged by the employee or reduced to 
judgement by a court or one imposed by law such as Federal, State, or 
local taxes, and ``in a proper and timely manner'' means in a manner 
which the agency determines does not, under the circumstances, reflect 
adversely on the Government as the employer. In the event of dispute 
between an employee and an alleged creditor, this section does not 
require an agency to determine the validity or amount of the disputed 
debt.



Sec. 1203.735-210  Gambling, betting, and lotteries.

    An employee shall not participate, while on Government-owned or 
leased property or while on duty for the Government, in any gambling 
activity including the operation of a gambling device, in conducting a 
lottery or pool, in a game for money or property, or in selling or 
purchasing a numbers slip or ticket. However, this section does not 
preclude activities:
    (a) Necessitated by an employee's law enforcement duties; or

[[Page 505]]

    (b) Under section 3 of Executive Order 10927 and similar agency-
approved activities.



Sec. 1203.735-211  Activities relating to private organizations and politics.

    (a) Definition. For the purpose of this section, the term private 
organization denotes any group of persons or associations organized for 
any purpose whatever, except an organization established by the 
Government of the United States, or officially participated in by IDCA.
    (b) Participation in activities of employee organizations. An 
employee may join or refrain from joining employee organizations or 
associations without interference, coercion, restraint, or fear of 
discrimination or reprisal.
    (c) Participation in activities of private organizations. In 
participating in the program and activities of any private organization, 
an employee shall make clear that the employee's agency has no official 
connection with such organization and does not necessarily sponsor or 
sanction the viewpoints which it may express.
    (d) Legal restrictions on membership in certain organizations. An 
employee shall not have membership in any organization that advocates 
the overthrow of our constitutional form of Government in the United 
States, knowing that such organization so advocates (5 U.S.C. 7311, 18 
U.S.C. 1918).
    (e) Private organizations concerned with foreign policy or other 
matters of concern to agencies. (1) Limitation on participation. When a 
private organization is concerned primarily with foreign policy or 
international relations or other matters of concern to an employee's 
agency, an employee shall limit connection therewith as follows: Unless 
specifically permitted to do so, the employee may not serve as advisor, 
officer, director, teacher, sponsor, committee chairman, or in any other 
official capacity or permit the employee's name to be used on a 
letterhead, in a publication, in an announcement or news story, or at a 
public meeting, regardless of whether the employee's official title or 
connection is mentioned. The provisions of this section are not intented 
to prohibit the normal and active participation of an employee in 
professional organizations such as the American Political Science 
Association, the American Economic Association, the American Foreign 
Service Association, and similar organizations, since such participation 
is in the interest of both the employee and the Government. Employees 
are expected, however, to exercise discretion in such activities and are 
held personally accountable for any improper use of their relationship 
with IDCA.
    (2) Request for special permission. Special permission to assume or 
continue a connection prohibited by paragraph (e)(1) of this section may 
be granted in cases where the public interest will not be adversely 
affected. To request such permission, or to determine whether the 
provisions are applicable to a particular case, the employee shall 
address a memorandum setting forth all of the circumstances to the 
appropriate officer. The appropriate officer for IDCA is the Assistant 
Director for Administration.
    (3) Application to senior officers. Because of the prominence 
resulting from their official positions, chiefs of mission and other 
senior officers should recognize the particular bearing of the 
provisions of paragraph (e)(1) of this section upon their activities. 
They should restrict association with any organizations involving 
foreign nations and the United States to simple membership and should 
not accept even honorary office in such organizations except with the 
specific prior approval as provided in paragraph (e)(2) of this section.
    (f) Private organizations not concerned with foreign policy. When 
the purpose and program of the organization do not fall primarily within 
the field of foreign policy or international relations, the employee's 
activity is limited only to the following extent:
    (1) The employee's official title or connection may be used to 
identify the employee, as in a civic association election, but may not 
be used on a letterhead, in a publication, or otherwise so as to employ 
the prestige of the U.S. Government to enhance that of the organization 
or to imply official sponsorship.
    (2) When the employee is a representative of an association 
consisting of

[[Page 506]]

IDCA employees, or of a group of such employees, the employee's 
connection with the agency may be freely used so long as there is no 
implication of official sponsorship beyond that which may have been 
officially approved.
    (g) Political activities abroad. A U.S. citizen employee shall not 
engage in any form of political activity in any foreign country.
    (h) Activities relating to U.S. politics. The law (5 U.S.C. 7324, 
formerly the Hatch Act) provides in summary that it is unlawful for any 
Federal employee of the executive branch to use the employee's official 
authority or influence for the purpose of interfering with an election 
or affecting the result thereof, or to take any active part in political 
management or in political campaigns. These restrictions do not in any 
way affect the right of a Federal employee (1) to vote as the employee 
chooses; (2) to express personal political opinions, except as part of a 
campaign; (3) to make or refrain from making contributions to political 
organizations, provided contributions are not made in a Federal building 
or to another Federal officer or employee (see 18 U.S.C. 602, 603, 607, 
and 608); (4) to participate in local, nonpartisan activities.



Sec. 1203.735-212  Wearing of uniforms.

    (a) An employee of the Foreign Service may not wear any uniform 
except as may be authorized by law or as a military commander may 
require civilians to wear in a theater of military operations (22 U.S.C. 
803). When an employee is authorized by law or required by a military 
commander of the United States to wear a uniform, care shall be taken 
that the uniform is worn only at authorized times and for authorized 
purposes.
    (b) Conventional attire worn by chauffeurs, elevator operators, and 
other miscellaneous employees are not considered uniforms within the 
meaning of this section except that, for ICA, MOA VII 917.2b prohibits 
the purchase from Agency funds of uniforms or any item of personal 
wearing apparel other than special protective clothing.



Sec. 1203.735-213  Recommendations for employment.

    (a) Making recommendations in official capacity.  In general, an 
employee shall not, in the employee's official capacity, make any 
recommendations in connection with the employment of persons unless the 
position concerned are with the Government of the United States and the 
recommendations are made in response to an inquiry from a Government 
official authorized to employ persons or to investigate applicants for 
employment. A principal officer in answer to a letter of inquiry from 
outside the U.S. Government concerning a former employee assigned to the 
post, may state the length of time the person was employed at the post 
and the fact that the former employee performed duties in a satisfactory 
manner, if such is the case. Also, an AID Mission Director may provide 
names of persons or firms from which a cooperating government may select 
an employee or firm to be used in some phase of the AID program.
    (b) Making personal recommendations. An employee may make a personal 
recommendation in connection with the employment of any person, 
including present or former employees, their spouses and/or members of 
their families, except for employment in a position of trust or profit 
under the government of the country to which the employee is accredited 
or assigned (22 U.S.C. 806(b)): Provided, That the employee does not 
divulge any information concerning the person derived from official 
sources. When a letter of introduction or recommendation is written by 
an employee, precautionary measures should be taken to prevent its being 
construed as official correspondence and used by an unscrupulous 
individual to impress American or foreign officials. Accordingly, 
official stationery should not be used for this purpose. The letter may, 
however, show the recommending employee's status as an employee of the 
U. S. Government. Every personal letter of recommendation shall contain 
a statement clearly indicating that the letter constitutes a personal 
recommendation and is not to be construed as an official

[[Page 507]]

recommendation by the Government of the United States.



Sec. 1203.735-214  Transmitting communications and gifts.

    (a) Correspondence. In corresponding with anyone other than the 
proper official of the United States with regard to the public affairs 
of a foreign government, an employee shall use discretion and judgment 
to ensure that neither the United States nor the employee will be 
embarrassed or placed in a compromising position (22 U.S.C. 806(a)).
    (b) Communications. An employee shall not act as an agent for the 
transmission of communications from private persons or organizations in 
foreign countries to the President or to Federal, State, or municipal 
officials in the United States. A chief of mission may, however, accept 
communications of this nature and forward them to the Department of 
State for such further action as may be appropriate, whenever the chief 
of mission determines it to be clearly in the public interest to do so.
    (c) Gifts. An employee shall not act as an agent for the 
transmission of gifts from persons or organizations in foreign countries 
to the President or to Federal, State, or municipal officials of the 
United States. However, principal officers may, according to regulations 
prescribed by the President, accept, and forward to the Office of 
Protocol of the Department of State, gifts made to the United States or 
to any political subdivision thereof by the Government to which they are 
accredited or from which they hold exequaturs. Employees shall not, 
without the approval of the Secretary of State, transmit gifts from 
persons or organizations in the United States to heads or other 
officials of foreign states.



Sec. 1203.735-215  General conduct prejudicial to the Government.

    (a) An employee shall not engage in criminal, infamous, dishonest, 
immoral, or notoriously disgraceful conduct, or other conduct 
prejudicial to the Government.
    (b) An employee abroad is also obligated to obey the laws of the 
country in which the employee is present.
    (c) An employee shall observe the requirements of courtesy, 
consideration, and promptness in dealing with or serving the public.



Sec. 1203.735-216  Miscellaneous statutory provisions.

    Each employee shall become acquainted with each statute that relates 
to the employee's ethical and other conduct as an agency employee of and 
of the Government.
    (a) The attention of employees is directed to the following 
statutory provisions:
    (1) House Concurrent Resolution 175, 85th Congress, 2d session, 72 
Stat. B12, the ``Code of Ethics for Government Service.''
    (2) Chapter 11 of title 18, United States Code, relating to bribery, 
graft, and conflicts of interest, as appropriate to the employees 
concerned.
    (3) The prohibition against lobbying with appropriated funds (18 
U.S.C. 1913).
    (4) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 
18 U.S.C. 1918).1
---------------------------------------------------------------------------

    1The Courts have stricken from the Code any prohibition 
against assertion of the right to strike on the basis that such an 
assertion is a protected right under the First Amendment to the 
Constitution.
---------------------------------------------------------------------------

    (5) The prohibitions against (i) the disclosure of classified 
information (18 U.S.C. 798, 50 U.S.C. 783); and (ii) the disclosure of 
confidential information (18 U.S.C. 1905).
    (6) The provision relating to the habitual use of intoxicants to 
excess (5 U.S.C. 7352).
    (7) The prohibition against the misuse of a Government vehicle (31 
U.S.C. 638a(c)).
    (8) The prohibition against the misuse of the franking privilege (18 
U.S.C. 1719).
    (9) The prohibition against the use of deceit in an examination or 
personnel action in connection with Government employment (18 U.S.C. 
1917).
    (10) The prohibition against fraud or false statements in a 
Government matter (18 U.S.C. 1001).
    (11) The prohibition against mutilating or destroying a public 
record (18 U.S.C. 2071).

[[Page 508]]

    (12) The prohibition against counterfeiting and forging 
transportation requests (18 U.S.C. 508).
    (13) The prohibition against (i) embezzlement of Government money or 
property (18 U.S.C. 641); (ii) failing to account for public money (18 
U.S.C. 643); and (iii) embezzlement of the money or property of another 
person in the possession of an employee by reason of the employee's 
employment (18 U.S.C. 654).
    (14) The prohibition against unauthorized use of documents relating 
to claims from or by the Government (18 U.S.C. 285).
    (15) The prohibition against political activities in subchapter III 
of chapter 73 of title 5, United States Code and 18 U.S.C. 602, 603, 
607, and 608.
    (16) The prohibition against an employee acting as the agent of a 
foreign principal registered under the Foreign Agents Registration Act 
(18 U.S.C. 219).
    (17) The prohibition against discrimination because of politics, 
race, religion, or color (22 U.S.C. 807).
    (18) The prohibition against officers or employees accepting any 
honorarium in excess of $2,000 or honoraria aggregating more than 
$25,000 in any calendar year (sec. 112, Pub. L. 94-283, 90 Stat. 494 (2 
U.S.C. 441i)).
    (b) The attention of consular officers is directed to the following 
statutory provisions:
    (1) The provisions relating to the duty to account for fees received 
(22 U.S.C. 9, 812, 1194), liability for exaction of excessive fees (22 
U.S.C. 1182, 1189), and liability for failure to collect proper fees (22 
U.S.C. 1190).
    (2) The provisions relating to liability for failure to give bond 
and for embezzlement (22 U.S.C. 1179), liability for embezzlement of 
fees or effects of American citizens (22 U.S.C. 1198), and liability for 
falsely certifying as to the ownership of property (22 U.S.C. 1200).
    (3) The prohibition against profiting from dealings with discharged 
seamen (22 U.S.C. 1187).
    (4) The provision relating to liability for failure to collect the 
wages of discharged seamen (46 U.S.C. 683).



Sec. 1203.735-217  Requesting exceptions from certain statutory prohibitions.

    (a) Any employee desiring a written advance determination that the 
prohibitions of 18 U.S.C. 208(a) do not apply will prepare a written 
request addressed to an appropriate agency official. For purposes of 
this section, the appropriate agency official is: The Deputy Under 
Secretary for Management for State, the Administrator for AID, and the 
Director for ICA. The request will describe the particular matter giving 
rise to the conflict of interest, the nature and extent of the 
employee's anticipated participation in the particular matter, and the 
exact nature and amount of the financial interest related to the 
particular matter.
    (b) The employee will forward the request to the appropriate agency 
official through the immediate supervisor and the assistant agency head 
in charge of the organizational agency component to which the employee 
is assigned, or will be assigned in the case of a new employee. The 
assistant agency head will forward the written request to the 
appropriate agency official through the agency's Counselor. The 
Counselor shall attach a written opinion to the request, prepare a 
recommended written determination in final form for signature by the 
appropriate agency official, and shall forward all documents to that 
official.
    (c) The determination of the appropriate agency official will be 
sent to the employee by the Counselor. If the appropriate agency 
official grants the requested exception, the original written advance 
determination will be sent to the employee. A duplicate original shall 
be retained among the appropriate agency records under the control of 
the Counselor.



  Subpart C--Ethical and Other Conduct and Responsibilities of Special 
                          Government Employees



Sec. 1203.735-301  Conflicts of interest.

    Special Government employees are subject to the conflicts of 
interest statutes (18 U.S.C. 202). An explanation of these conflicts of 
interest statutes their effects upon special Government

[[Page 509]]

employees and guidelines for obtaining and utilizing the services of 
special Government employees are in appendix C of chapter 735 of the 
Federal Personnel Manual. A special Government employee shall not have a 
direct or indirect financial interest that conflicts substantially, or 
appears to conflict substantially, with Government duties and 
responsibilities.



Sec. 1203.735-302  Use of Government employment.

    A special Government employee shall not use Government employment 
for a purpose that is, or gives the appearance of being, motivated by 
the desire for private gain for the employee or another person, 
particularly one with whom the employee has family, business, or 
financial ties.



Sec. 1203.735-303  Use of inside information.

    (a) A special Government employee shall not use inside information 
obtained as a result of Government employment for private gain for the 
employee or another person either by direct action on the employee's 
part or by counsel, recommendation, or suggestion to another person, 
particularly one with whom the employee has family, business, or 
financial ties. For the purpose of this section, ``inside information'' 
means information obtained under Government authority which has not 
become part of the body of public information.
    (b) A special Government employee may engage in teaching, lecturing, 
or writing that is not prohibited by law, Executive Order 11222 or the 
restrictions in this part; however, a special Government employee shall 
not, either for or without compensation, engage in teaching, lecturing, 
or writing that is dependent on information obtained as a result of his 
Government employment, except when that information has been made 
available to the general public or will be made available, or when the 
head of the agency gives written authoritzation for the use of nonpublic 
information on the basis that the use is in the public interest. A 
special Government employee who wishes to request the agency head to 
authorize the use of nonpublic information should submit such request 
through the Counselor. The request should contain complete information 
concerning the nonpublic information which the employee wishes to 
disclose and should contain in addition an indication of the intended 
use of such information and how disclosure of it would be in the public 
interest.



Sec. 1203.735-304  Coercion.

    A special Government employee shall not use Government employment to 
coerce, or give the appearance of coercing, a person to provide 
financial benefit to the employee or another person, particularly one 
with whom the employee has family, business, or financial ties.



Sec. 1203.735-305  Gifts, entertainment, and favors.

    (a) Except as provided in paragraph (b) of this section, a special 
Government employee, while so employed or in connection with Government 
employment, shall not receive or solicit from a person having business 
with the employee's agency anything of value as a gift, gratuity, loan, 
entertainment, or favor for the employee or another person, particularly 
one with whom the employee has family, business or financial ties.
    (b) The exceptions to the prohibition against the acceptance of 
gifts which have been granted to employees in Sec. 1203.735-202 (b), 
(c), and (d) are also applicable to special Government employees.
    (c) A special Government employee shall not accept a gift, present, 
decoration, or other thing from a foreign government unless authorized 
by Congress as provided by the Constitution and in 5 U.S.C. 7342, and 
the regulations promulgated thereunder pursuant to E.O. 11320; 31 FR 
15789. These regulations are set forth in part 3 of this title (as 
added, 32 FR 6569, April 28, 1967), and in 3 FAM 621.
    (d) A special Government employee shall avoid any action, whether or 
not specifically prohibited by these sections on special Government 
employees, which might result in, or create the appearance of:
    (1) Using public office for private gain;

[[Page 510]]

    (2) Giving preferential treatment to any person;
    (3) Impeding Government efficiency or economy;
    (4) Losing independence or impartiality;
    (5) Making a Government decision outside official channels; or
    (6) Affecting adversely the confidence of the public in the 
integrity of the Government.



Sec. 1203.735-306  Miscellaneous statutory provisions.

    Each special Government employee shall become acquainted with each 
statute that relates to the employee's ethical and other conduct as a 
special Government employee of an agency and of the Government. The 
attention of special Government employees is directed to the statutes 
listed in Sec. 1203.735-216.



       Subpart D--Statements of Employment and Financial Interests



Sec. 1203.735-401  Employees required to submit statements.

    The following employees of IDCA shall submit statements of 
employment and financial interests:
    (a) All special Government employees including experts or 
consultants serving on a full-time or intermittent basis, except when 
waived under Sec. 1203.735-402(c).
    (b) Employees paid at a level of the Executive Schedule in 
subchapter II of chapter 53 of title 5, United States Code, except as 
provided in Sec. 1203.735-402(b).
    (c) Except as provided in Sec. 1203.735-402, employees classified at 
GS-13, FSO-4, FSR-5, FSS-2, AD-13, FC-5, or above, who are in positions 
hereby identified either as positions the basic duties of which impose 
upon the incumbent the responsibility for a Government decision or 
taking a Government action in regard to:
    (1) Contracting or procurement;
    (2) Administering or monitoring grants or subsidies;
    (3) Regulating or auditing private or other non-Federal enterprise;
    (4) Other activities where the decision or action has an economic 
impact on the interests of any non-Federal enterprise, or as positions 
which have duties and responsibilities which require the incumbent to 
report employment and financial interests in order to avoid involvement 
in a possible conflict of interest situation and carry out the purpose 
of law, Executive order, and the agency's regulations:

                                  State

    Director General; of the Foreign Service and the Director of 
Personnel; Director of the Policy Planning Staff; Inspector General; 
Director, FSI; Special Assistant to Secretary; Deputy Secretary, Under 
Secretaries, or Deputy Under Secretary; Deputy Assistant Secretary and 
others at this level or above; Assistant Legal Adviser for Management; 
Director, Office of Operations; Office Director; Country Director; 
Division Chief in Bureau of Economic and Business Affairs, in the Office 
of Operations, (O/OPR), or in the Office of Foreign Buildings; Executive 
Director; Deputy Chief of Mission; Principal Officer; Economic 
Counselor; Commercial Counselor; Administrative Counselor; Civil Air 
Attache; Petroleum Officer; Minerals Officer; Contracting Specialist; 
Procurement Specialist; Despatch Agent; Traffic Manager; and Traffic 
Management Specialist.

                                   ICA

    Deputy Director, Associate Directors, Directors and Deputy Directors 
of Offices or Services, Executive or Special Assistants to the Director; 
Chief Inspector; Associate Chief Inspector; Commissioner General, Deputy 
Commissioner General, Staff Director (Advisory Commission), Director of 
Engineering and Technical Operations; Director of Audio-Visual 
Procurement and Production; Country Public Affairs Officer, Deputy 
Country Public Affairs Officer, Public Affairs Counselor, Deputy Public 
Affairs Counselor, Director or Manager of Regional Service Center, Radio 
Relay Station, Radio Program Center or Radio Relay Station Construction 
Site, Administrative Officer or Executive Officer at a post abroad, 
Administrative Officer, Executive Officer and Business Manager 
(occupational codes 301, 340, 341, and 1101, or FAS code 200); 
Contracting Specialist and Procurement Specialist (occupational code 
1102, or FAS codes 210 and 211); Auditor and Accountant (occupational 
code 510, or FAS code 207); General Counsel, Deputy General Counsel, or 
Attorney (occupational code 905, or FAS code 512).

                                   AID

    (1) AID/W: Deputy Assistant Administrators, Associate Assistant 
Administrators, Deputy Associate Assistant Administrators; Heads and 
Deputy Heads of Offices, Staffs,

[[Page 511]]

and Divisions; Desk Officers and Deputy Desk Officers.
    (2) Overseas: Mission Directors, Deputy Directors, Assistant 
Directors, AID Representatives, Aid Affairs Officers, Chairman, 
Development Assistance Committee; U.S. Representative to Development 
Assistance Committee; Development Coordination Officer.
    (3) Any person serving as chief of an operational branch responsible 
for housing, loans, guarantees, or other commercial type transactions 
with the public.
    (4) In addition, employees in AID/W or overseas whose positions fall 
within the following series or position titles (occupational code given 
in parenthesis): Economist Series (0110); International Cooperation 
Series (0136); Auditor General (0301.21); Supervisory Housing 
Development Officer (0301.31); Chief, Housing and Urban Development 
(0301.35); Contract Compliance Specialist (0301.48); Director for 
Regional Activities (0340.08); Development Officer (0340.09); Regional 
Development Officer (0340.10); Executive Officer (0341.01); Deputy 
Executive Officer (0341.02); Regional Executive Officer (0341.03); 
Administrative Officer (0341.05); Executive Officer--Administrative 
Support (0341.15); Executive Officer, Operations (0341.16); Executive 
Officer, Real Property (0341.18); Executive Officer, Personnel 
(0341.19); General Services Officer (0342.01); Assistant General 
Services Officer (0342.03); Assistant General Services Officer, Property 
and Supply (0342.20); Assistant General Services Officer, Procurement 
(0342.23); Assistant General Services Officer, Housing (0342.25); 
Program Officer (0345.01); Deputy Program Officer (0345.02); Food and 
Agriculture Officer (0401.01); Deputy Food and Agriculture Officer 
(0401.02); Budget and Accounting Series (0504); Financial Management 
Series (0505); Accounting Series (0510); Budget Administration Series 
(0560); General Attorney Series (0905); General Business and Industry 
Series (1101); Contract and Procurement Series (1102); Property Disposal 
Series (1104); Purchasing Series (1105); Trade Specialist Series (1140); 
Private Resources Development Series (1150); Financial Analysis Series 
(1160); General Investigating Series (1810); Criminal Investigating 
Series (1811); Import Specialist Series (1889); General Supply Series 
(2001); Supply Program Management Series (2003).



Sec. 1203.735-402  Employees not required to submit statements.

    (a) Employees in positions that meet the criteria in paragraph (c) 
of Sec. 1203.735-401 may be excluded from the reporting requirement when 
the agency head or designee determines that:
    (1) The duties of the position are such that the likelihood of the 
incumbent's involvement in a conflict-of-interest situation is remote;
    (2) The duties of the position are at such a level of responsibility 
that the submission of a statement of employment and financial interests 
is not necessary because of the degree of supervision and review over 
incumbent or the inconsequential effect on the integrity of the 
Government.
    (b) A statement of employment and financial interests is not 
required by the regulations in this part from an agency head, or a full-
time member of a committee, board, or commission appointed by the 
President. These employees are subject to separate reporting 
requirements under section 401 of Exective Order 11222.
    (c) Special Government employees not required to submit statements. 
An agency head may waive the requirement of this section for the 
submission of a statement of employment and financial interest in the 
case of a special Government employee who is not a consultant or an 
expert when the agency finds that the duties of the position held by 
that special Government employee are of a nature and at such a level of 
responsibility that the submission of the statement by the incumbent is 
not necessary to protect the integrity of the Government. For the 
purpose of this paragraph, ``consultant'' and ``expert'' have the 
meanings given those terms by chapter 304 of the Federal Personnel 
Manual, but do not include a physician, dentist, or allied medical 
specialist whose services are procured to provide care and service to 
patients.



Sec. 1203.735-403  Employee's complaint on filing requirement.

    Each employee shall have the opportunity for review through agency 
grievance procedure of the employee's complaint that the employee's 
position has been improperly included within Sec. 1203.735-401 as one 
requiring the submission of a statement of employment and financial 
interests. Employees are reminded that they may obtain counseling 
pursuant to Sec. 1203.735-103 prior to filing a complaint.

[[Page 512]]



Sec. 1203.735-404  Time and place of submission, and forms.

    (a) An employee or special Government employee shall submit a 
statement to the Counselor (in the case of a State employee, through the 
employee's Bureau) no later than:
    (1) Ninety days after the effective date of this part if the 
employee has entered on duty on or before that effective date; or
    (2) At least 10 days prior to entrance on duty, if the employee 
enters on duty after that effective date; except that an employee or 
special Government employee who enters on duty within 90 days of the 
effective date of this part may submit such statement within 90 days 
after entrance on duty.
    (b) Only the original of the statement or supplement thereto 
required by this part shall be submitted. The individual submitting a 
statement should retain a copy for the individual's own records.



Sec. 1203.735-405  Information required.

    (a) Employees. Employees' statement of employment and financial 
interests required by the regulations in this part shall be submitted on 
the form, ``Confidential Statement of Employment and Financial Interests 
(for use by Government Employees)'', Form OF-106, and shall contain all 
the information therein required.
    (b) Special Government employees. All special Government employees 
shall submit statements of employment and financial interest on the 
form, ``Confidential Statement of Employment and Financial Interests 
(for use by Special Government Employees)'', Form AID 4-450 for IDCA, 
and shall contain all the information therein required.
    (c) Interests of employee's relatives. The interest of a member of 
an employee's family is considered to be an interest of the employee. 
The term ``member of an employee's family'' is defined in Sec. 1203.735-
102(f).
    (d) Information not known by employees. If any information required 
to be included on a statement of employment and financial interests or 
supplementary statement, including holdings placed in trust, is not 
known to the employee but is known to another person, the employee shall 
request that other person to submit information in the employee's 
behalf.
    (e) Interests not required to be reported. An employee need not 
disclose those financial interests described in Sec. 1203.735-205(c) as 
being too remote or too inconsequential to affect the integrity of 
employees' services.
    (f) Information not required. The regulations in this part do not 
require an employee to submit on a statement of employment and financial 
interests or supplementary statement any information relating to the 
employee's connection with, or interest in, a professional society or a 
charitable, religious, social, fraternal, recreational, public service, 
civic, or political organization or a similar organization not conducted 
as a business enterprise. For the purpose of this section, educational 
and other institutions doing research and development or related work 
involving grants or money from or contracts with the Government are 
deemed ``business enterprises'' and are required to be included in an 
employee's statement of employment and financial interests.



Sec. 1203.735-406  Submission of position description.

    Each Statement of Employment and Financial Interests or annual 
supplement thereto must be accompanied by a full description of the 
employee's principal governmental duties. The description should be 
particularly detailed in regard to those duties which might possibly be 
an element in a conflict of interest. If the statement indicates that 
the employee has no outside employment or financial interests, the 
employee need not submit a description of duties. For a special 
Government employee, the employing office shall submit the description.



Sec. 1203.735-407  Supplementary statements.

    (a) Employees, as defined in paragraphs (b) and (c) of 
Sec. 1203.735-401, shall report changes in, or additions to, the 
information contained in their statements of employment and financial 
interests in supplementary statements as of June 30 each year. If no 
changes or additions occur, a negative report is required.

[[Page 513]]

    (b) All special Government employees, as defined in paragraph (a) of 
Sec. 1203.735-401, shall submit a current statement at the time their 
appointments are extended. A supplementary report indicating any changes 
in, or additions to the information already submitted will be accepted 
in lieu of a full submission. If there are no changes or additions, a 
negative report is required.
    (c) Notwithstanding the filing of reports required by this section, 
each employee shall at all times avoid acquiring a financial interest 
that could result, or taking an action that would result, in a violation 
of the conflicts-of-interest provisions of section 208 of title 18, 
United States Code, or subpart B of this part.
    (d) An employee is also to keep current the employee's description 
of principal duties as to changes or additions which might possibly be 
an element in a conflict of interest. The employing office shall submit 
descriptions of changes in the principal duties of a special Government 
employee as they occur.



Sec. 1203.735-408  Review of statements and determination as to conflicts of interest.

    (a) On the basis of the Statement of Employment and Financial 
Interests submitted by each employee or special Government employee, or 
on the basis of information received from other sources, the Counselor 
shall determine, in the light of the duties which that employee or 
special Government employee is or will be performing, whether any 
conflicts of interest, real or apparent, are indicated. The Counselor 
shall make this determination based on the applicable statutes, the 
Executive order, and the applicable regulations of the Civil Service 
Commission, and of the agency.
    (b) Where the Counselor's determination in a particular case is that 
a conflict of interest, real or apparent, is indicated, the Counselor 
shall initiate informal discussions with the employee or special 
Government employee concerned. These discussions shall have as their 
objectives:
    (1) Providing the individual with a full opportunity to explain the 
conflict or appearance of conflict; and
    (2) Arriving at an agreement (acceptable to the Counselor, the 
individual and the individual's immediate superior) whereby the conflict 
of interest may be removed or avoided. Such an agreement may include, 
but is not limited to: (i) Changes in assigned duties; (ii) divestiture 
of the financial or employment interest creating the conflict or 
apparent conflict; or (iii) disqualification for a particular 
assignment.
    (c) Where an acceptable agreement cannot be obtained pursuant to 
paragraph (b) of this section, the Counselor shall present findings and 
recommendations to the officer designated by the agency head, who shall 
decide which remedy is most appropriate to remove or correct that 
conflict or apparent conflict. Remedial action under this paragraph may 
include disciplinary action, including separation for cause, or any of 
the actions enumerated in paragraph (b)(2) of this section and shall be 
effective in accordance with applicable laws, Executive orders, and 
regulations.
    (d) Written summaries of all agreements and decisions arrived at 
pursuant to paragraph (b) or (c) of this section shall be placed in the 
Counselor's files. Copies shall also be made available to the employee 
or special Government employee concerned.



Sec. 1203.735-409  Confidentiality of employees' statements.

    An agency shall hold each statement of employment and financial 
interests, and each supplementary statement, in confidence. To insure 
this confidentiality only the Counselor and Deputy Counselors are 
authorized to review and retain the statements. The Counselor and Deputy 
Counselors are responsible for maintaining the statements in confidence 
and shall not allow access to, or allow information to be disclosed 
from, a statement except to carry out the purpose of this part. An 
agency may not disclose information from a statement except as the Civil 
Service Commission or the agency head may determine for good cause 
shown.

[[Page 514]]



Sec. 1203.735-410  Effect of employees' statements on other requirements.

    The statements of employment and financial interests and 
supplementary statements required for employees are in addition to, and 
not in substitution for, or in derogation of, any similar requirement 
imposed by law, order, or regulation. The submission of a statement or 
supplementary statement by an employee does not permit the employee or 
any other person to participate in a matter in which the employee or the 
other person's participation is prohibited by law, order, or regulation. 
Save with respect to those financial interests excepted from the 
conflict of interest prohibitions of 18 U.S.C. 208(a) pursuant to a 
written advance determination under Sec. 1203.735-217 or exempted by the 
provisions of Sec. 1203.735-205(c), an employee must disqualify himself 
or herself from participating in any matter in which the employee has a 
financial interest.



Sec. 1203.735-411  Disqualification procedures.

    (a) Where an employee is prohibited from participating in a matter 
because of a conflicting financial interest that is not exempt under 
Sec. 1203.735-205(c) or has not been specifically excepted by the 
appropriate agency official pursuant to Sec. 1203.735-217 in advance of 
the employee's participation in the particular matter, the employee 
shall conduct himself or herself in accordance with the following 
provisions:
    (1) The employee shall promptly disclose the financial interest in 
such matter to the employee's immediate superior. The superior will 
thereupon relieve the employee of duty and responsibility in the matter.
    (2) In foreign posts, it may be impossible or highly impracticable 
for an employee, who has a disqualifying financial interest, to assign 
the matter for official action to anyone other than a subordinate. In 
this event, the employee must instruct the subordinate to report fully 
and directly to the immediate superior to whom the employee himself or 
herself would normally report. The employee must concurrently direct 
such subordinate to take such action as may be appropriate in the 
matter, and without thereafter revealing to the disqualified employee in 
any way any aspect of the particular matter.
    (b) Nothing herein precludes the employee from disposing of such 
disqualifying financial interest, thereby wholly eliminating the 
conflict of interest. In some circumstances, where the employee may not 
obtain an exception under Sec. 1203.735-217, or may not disqualify 
himself or herself and refer or assign the matter to another employee, 
the performance of duty may even require divestiture.
    (c) Where a supervisor has reason to believe that a subordinate 
employee may have a conflicting financial interest, the supervisor 
should discuss the matter with the employee. If the supervisor finds 
that a conflict of interest does exist, the supervisor must relieve the 
subordinate employee of duty and responsibility in the particular 
matter.
    (d) The obligation to avoid conflicts of interest is upon each 
employee. It is a continuing obligation calling for alert vigilance.
    (e) Notwithstanding any other provision of this part to the 
contrary, if a employee's holdings rise in value above the amount 
exempted by Sec. 1203.735-205(c), then the statutory and regulation 
prohibitions apply in a conflict of interest situation.

[[Page 515]]



           CHAPTER XIII--BOARD FOR INTERNATIONAL BROADCASTING




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

Part                                                                Page
1300            Rules of procedure..........................         516
1301            Board for International Broadcasting--
                    (Privacy Act of 1974)...................         521
1302            Rules for implementing open meetings within 
                    the Board for International Broadcasting         523
1303            Security information regulations............         526
1304            Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the Board for 
                    International Broadcasting..............         527

[[Page 516]]



PART 1300--RULES OF PROCEDURE--Table of Contents




Sec.
1300.1  Purpose.
1300.2  Organization of the Board for International Broadcasting.
1300.3  Staff of the Board.
1300.4  Annual report.
1300.5  RFE/RL, Inc. and U.S. Foreign Policy objectives.
1300.6  The RFE/RL professional code.
1300.7  Personnel.
1300.8  Research reports.
1300.9  Budget development and execution.
1300.10  Financial oversight.
1300.11  Procurement and ownership of equipment.
1300.12  Assistance with Congressional inquiries.
1300.13  Access to information and premises.
1300.14  RFE/RL organization.
1300.15  Government relations.
1300.16  Relations with Foreign Governments.

    Authority: Pub. L. 93-129, as amended; 22 U.S.C. 2873 (a) (10).

    Source: 54 FR 18886, May 3, 1989, unless otherwise noted.



Sec. 1300.1  Purpose.

    (a) These regulations are adopted by the Board for International 
Broadcasting (BIB) pursuant to authority granted to it by Pub. L. 93-
129, 87 Stat. 456, approved October 19, 1973; 22 U.S.C. 2873 et seq., as 
amended. Grant funds shall be transferred to Radio Free Europe/Radio 
Liberty, Inc. (RFE/RL, Inc.) only on condition of compliance with the 
pertinent parts of these regulations. Exceptions to this condition may 
be made by the BIB.
    (b) These regulations are based on the statutory mandate of the BIB:
    (1) To make grants to RFE/RL, Inc.;
    (2) To review and evaluate the mission and operation of RFE/RL, 
Inc., and to assess the quality, effectiveness, and professional 
integrity of its broadcasting within the broad foreign policy objectives 
of the United States;
    (3) To encourage the most efficient utilization of available 
resources by RFE/RL, Inc., and to undertake, or request that RFE/RL, 
Inc. undertake, such studies as may be necessary to identify areas in 
which the operations of RFE/RL, Inc. may be made more efficient and 
economical;
    (4) To develop and apply such financial procedures, and to make such 
audits of RFE/RL, Inc., as the Board may determine are necessary, to 
assure that grants are applied in accordance with the purposes for which 
such grants are provided;
    (5) To develop and apply such evaluative procedures as the Board may 
determine are necessary to assure that grants are applied in a manner 
not inconsistent with the broad foreign policy objectives of the U.S. 
Government; and
    (6) To prescribe such regulations as the Board deems necessary to 
govern the manner in which its functions shall be carried out.
    (c) In carrying out the foregoing functions, the Board will respect 
the integrity and professional independence of RFE/RL, Inc.



Sec. 1300.2  Organization of the Board for International Broadcasting.

    (a) The Board for International Broadcasting is composed of ten 
members, one of whom--the President and Chief Operating Executive of 
RFE/RL, Inc.--is an ex officio member. As such, the President of RFE/RL, 
Inc. may participate in the activities of the Board, but may not vote in 
the determinations of the Board.
    (b) The President of the United States appoints, by and with the 
advice and consent of the Senate, nine voting members, one of whom he 
designates as Chairman. By law, the Board's membership must be 
bipartisan, with no more than five seats reserved for any one political 
party. The voting members are appointed for a term of three years. A 
member whose term has expired may continue to serve until his or her 
successor has been appointed and confirmed.
    (c) The nine voting members and the ex officio member of the BIB 
serve concurrently as the Board of Directors of RFE/RL, Inc. Unless 
specifically noted otherwise, all meetings of the Board are considered 
joint meetings of the Board for International Broadcasting and of the 
Board of Directors of RFE/RL, Inc. The Board of Directors make all major 
policy determinations governing the operation of RFE/RL, Inc., and 
appoints and fixes the compensation of managerial officers and employees 
of RFE/RL, Inc.

[[Page 517]]

    (d) The Chairman of the Board, or his designee, shall:
    (1) Call and preside at all meetings of the Board;
    (2) Appoint standing or ad hoc committees of the Board;
    (3) Direct the work of the BIB professional staff, evaluate the 
performance of the Executive Director, and review the performance of the 
senior officers;
    (4) Represent the Board in all matters pertaining to the U.S. 
Congress;
    (5) Represent the Board in all matters requiring conferences or 
communications with officers, departments, or agencies of the U.S. 
Government and foreign governments.
    (e)(1) The Board, unless it votes otherwise, shall hold formal 
meetings no fewer than three times in a calendar year. Two of these 
meetings normally will be held in the United States; and one in Europe 
in connection with the annual meeting of the Corporation.
    (2) Five voting members constitute a quorum for the conduct of 
business. Actions of the Board shall be taken by a vote of at least five 
of the voting members. Members absent from a meeting may register their 
agreement or disagreement with the Board decisions in writing or by 
telephone to be included in the minutes of the meeting. The Chairman 
may, from time to time as events may require, solicit Board approval of 
decisions by telephone in the absence of a regularly scheduled meeting.
    (3) The BIB staff, under the direction of the Executive Director, 
shall be responsible for preparing for the Board meetings in the United 
States, including notification of members, physical arrangements, 
preparation of briefing books and a written agenda. The President of 
RFE/RL, Inc., coordinates the preparation of the European meeting of the 
Board, which normally is held at RFE/RL's Munich headquarters.
    (4) While attending meetings of the Board or engaged in activities 
directly related to the BIB or RFE/RL, Inc., the voting members of the 
Board are entitled to receive compensation equal to the daily equivalent 
of that prescribed for level V of the Executive Schedule under section 
5316 of title 5, United States Code. While away from home on BIB 
business, members are entitled to travel expenses, including per diem in 
lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in 
the Government service who are employed intermittently.
    (f) Committees of the Board meet periodically during the year. 
Agendas for these meetings are prepared with the assistance of the BIB 
staff.



Sec. 1300.3  Staff of the Board.

    (a) The Board appoints staff personnel according to provisions of 
title 5, United States Code, governing appointments in the competitive 
service.
    (b) The staff members are career Federal employees. The office is 
headed by an Executive Director; he is assisted by a Deputy Executive 
Director. Other senior officers include, but are not limited to, a 
Director of Financial and Congressional Affairs and a General Counsel.
    (c) The Chairman of the Board may delegate authority to his staff, 
through the Executive Director, to act on matters which do not require 
the formal action of the Board. The BIB staff reports to and coordinates 
its activities with the Chairman on a regular basis.
    (d) With the approval of the Chairman, the senior staff conducts 
regular reviews of RFE/RL programming, research, administration, 
finance, and engineering work. The BIB staff commissions outside 
independent evaluations of RFE/RL programming and other functional areas 
as required. It communicates the results of these evaluations to the 
Board members and the President of RFE/RL, Inc. At least once a year, 
the staff commissions and outside audit of RFE/RL finances.
    (e) The BIB staff coordinates all contacts with the U.S. Congress, 
U.S. Government agencies, and foreign governments. Senior staff members 
maintain regular ties with Congressional staffers and with officers at 
the Department of State, United States Information Agency, Office of 
Management and Budget, the Federal Communications Commission, and other 
government agencies. When serious issues arise, the staff refers them to 
the Chairman, who consults with the Board as appropriate.
    (f) The duties of each staff member are described in a position 
description

[[Page 518]]

which is maintained on file in the Board's offices.



Sec. 1300.4  Annual Report.

    The BIB publishes an annual report, submitted to the President and 
the Congress, on or before the 31st day of January, that summarizes the 
activities of the Board during the fiscal year ending the preceding 
September 30th and reviews and evaluates the operation of RFE/RL, Inc.



Sec. 1300.5  RFE/RL, Inc. and U.S. Foreign Policy objectives.

    (a) The Board shall develop and apply such evaluative procedures as 
necessary to ensure that RFE/RL's programming and operations are not 
inconsistent with the broad foreign policy objectives of the United 
States.
    (b) To assist the Board in carrying out its functions, the Secretary 
of State or his designee shall provide the Board with such information 
regarding the foreign policy of the United States as he deems 
appropriate. The Secretary or his designee shall report regularly to the 
Board on the impact of broadcasts by RFE/RL, Inc. in Eastern Europe and 
the Soviet Union. The BIB shall convey this information to the President 
of RFE/RL. The management of RFE/RL, Inc. is expected to take 
appropriate action based on this information. The BIB shall not impose 
any prior constraint on programming, the preparation of broadcast 
materials, or the manner in which those materials are broadcast by RFE/
RL.
    (c) RFE/RL, Inc. shall maintain regular liaison with the U.S. 
Consulate in Munich for the discussion of developments in Eastern Europe 
and the Soviet Union. To the extent that important policy issues arise 
during these discussions, they shall be brought to the attention of the 
BIB.
    (d) Although RFE/RL, Inc. may maintain informal contacts with the 
U.S. missions in Europe and elsewhere, it is to remain an independent 
journalistic organization. RFE/RL, Inc. does not speak on behalf of the 
U.S. Government.



Sec. 1300.6  The RFE/RL professional code.

    (a) The Board of RFE/RL, Inc. is required by the BIB to prepare the 
RFE/RL Code: a statement defining the mission of RFE/RL and setting 
forth its policy guidelines. It is distributed publicly and is reprinted 
in the Annual Report.
    (b) RFE/RL management is required by the BIB to be responsible for 
assuring compliance of its operations with the policy guidelines and 
shall promptly inform the BIB of any violations of the policy 
guidelines, and of the remedial actions it has taken.
    (c) This code shall serve as the basic framework for all evaluations 
of RFE/RL programming. The BIB shall commission reviews of programs by 
noted scholars and journalists in the United States and Western Europe; 
RFE/RL shall conduct regular program reviews in-house. There shall be 
written reports of all evaluations which specify how programs conform to 
the guidelines set forth in the Code.
    (d) After approval by the BIB, this code is incorporated by 
reference in these regulations as if fully set out herein.



Sec. 1300.7   Personnel.

    (a) RFE/RL Inc. shall be solely responsible for the appointment, 
assignment, promotion, and separation of its employees, and such 
personnel actions, with the exceptions noted in paragraphs (b) (1) and 
(2) of this section, shall not require the concurrence of the BIB.
    (b)(1) The President of RFE/RL shall inform the Chairman of the BIB 
of his intention to appoint or terminate the employment of senior 
executives. The positions are: Executive Vice President for Programs and 
Policy, the Directors of RFE and RL, the Vice Presidents for Finance, 
Management, and Engineering; the Directors of Information Systems, 
Corporate Affairs, Central News, RFE Research, RL Research, Broadcast 
Analysis, Soviet Area Audience and Opinion Research, East European 
Audience and Opinion Research, and the major language services.
    (2) Appointments to the above-named positions require concurrence of 
the Board (except in the case of acting appointments) which shall have 
the opportunity to review the qualifications of the candidates and to 
interview them in person. Major changes in the

[[Page 519]]

functions of these positions or the establishment of new positions at 
comparable levels of responsibility, also require concurrence of the 
Board.
    (3) All personnel actions of RFE/RL, Inc., shall be in accordance 
with pertinent laws prohibiting discrimination on the basis of race, 
color, sex, age, religion, or national origin.
    (c) On or before January 1st each year, RFE/RL shall make available 
for examination by the BIB a complete roster of all personnel employed 
by RFE/RL, stating position, title, grade level, citizenship, date of 
birth, date of hire, and total remuneration, including all allowances 
and special benefits. For foreign locations, the report shall provide 
current information about appropriate local currencies, with dollar 
equivalents calculated at the established exchange rates.
    (d) RFE/RL shall make available to the BIB copies of any documents 
of a substantive policy nature issued to management, employees, and 
outside organizations, as well as general announcements to employees by 
labor unions, works councils, and other employee organizations. RFE/RL 
shall also make available to the BIB copies of all union contracts.



Sec. 1300.8  Research reports.

    The BIB may direct RFE/RL to undertake such studies as in the 
judgment of the BIB may identify areas where operations may be made more 
efficient and economical.



Sec. 1300.9  Budget development and execution.

    (a) Sixteen months preceding the beginning of the fiscal year to 
which the budget applies (for example, by June 1, 1989 for the FY 1991 
budget), RFE/RL shall propose to the BIB the financial assumptions to be 
used in determining the base budget level and highlight desired 
enhancements or reductions. This proposal should be in writing, followed 
by a verbal discussion at the staff level. The Chairman's approval is 
required of the financial assumptions and any proposed enhancements or 
reductions.
    (b) The budget presentation specified in paragraph (a) of this 
section shall be consistent with guidelines presented to RFE/RL by the 
BIB, based on the ceiling established by the Office of Management and 
Budget (OMB).
    (c) Based on the BIB guidelines, the OMB ceiling, and the budget 
decisions resulting from the presentation specified in paragraph (a) of 
this section RFE/RL shall submit to the BIB a formal budget request no 
later than August 1 of each year, and the BIB shall arrange for RFE/RL 
to present its budget to the Chairman and to members of the BIB, as 
appropriate. Final decisions by the Board shall be communicated to RFE/
RL which shall revise the budget request accordingly.
    (d) The BIB shall present the budget to OMB for approval and 
subsequently to the authorization and appropriations committees of 
Congress. In making such presentations, representatives of the BIB will 
be accompanied when feasible by the President of RFE/RL or his designee, 
and any additional RFE/RL staff as requested.
    (e) Expenditures during a fiscal year by RFE/RL shall correspond to 
the final budget as approved by the Congress. On or before October 1 of 
each year, RFE/RL shall submit to BIB a fiscal year financial plan which 
provides on a monthly basis projected expenditures by object class for 
each of its programs and activities.
    (1) For each object class line item of more than $250,000 in RFE/
RL's financial plan, any reprogramming of funds in excess of $250,000, 
or 10% of the budgeted amount for that item, whichever is less, shall 
require prior approval of the BIB. In this event, RFE/RL shall submit a 
request for reprogramming authority or a plan for offsetting the 
deviation in succeeding fiscal quarters.
    (2) Quarterly financial reports to the BIB shall indicate all object 
class line item expenditures which deviated from the budgeted amount by 
more than $250,000 or 10% of the budgeted amount, whichever is less, and 
will include an explanation for the deviations.



Sec. 1300.10  Financial oversight.

    (a) BIB shall grant funds to RFE/RL to support international radio 
broadcasting activities, and all expenditures by RFE/RL under such 
grants shall be made in accordance with appropriate requirements of 
Office of Management

[[Page 520]]

and Budget Circulars No. A-110 and A-122.
    (b) RFE/RL shall adhere to sound accounting practices and shall 
maintain records fully disclosing the amount and disposition of funds 
granted by the BIB, including the total costs of RFE/RL programs for 
which grants are provided, and that portion of its expenditures 
supported by other sources of funds. RFE/RL will keep all financial 
records required by the BIB and will also submit periodic reports on the 
expenditures of funds, as requested.
    (c) RFE/RL shall submit to the BIB copies of draft proposals for 
capital expenditures, consultant or professional services, or lease 
arrangements in all cases where the following criteria apply:
    (1) When a given contract or proposal for a capital expenditure 
exceeds $100,000 in any fiscal year; or when any proposed lease 
arrangement for business premises, in the United States or overseas, 
will last for a period of more than two years or at an annual rental 
exceeding $100,000.
    (2) When any individual solicitation by RFE/RL of consultant or 
professional services, and draft contracts for such services, including 
legal, actuarial and other noneditorial services with any person or 
organization exceed $50,000 in any single fiscal year.
    (d)(1) No contract described in subparagraphs (c) (1) and (2) of 
this section shall be entered into by RFE/RL without prior written 
approval of the BIB.
    (2) The dollar limitations in subparagraphs (c) (1) and (2) of this 
section may be revised periodically by BIB.
    (e) Reports on the management of foreign currency shall be governed 
by special agreement between the Board and the Office of Management and 
Budget, and RFE/RL shall comply fully and promptly with all requirements 
of such agreement.
    (f) Copies of all annual, quarterly, monthly or other periodic 
financial report, projection, statement or audit prepared by or on 
behalf of RFE/RL shall be made available to BIB upon issuance.
    (g) RFE/RL shall make available for public inspection during normal 
business hours at its principal offices in the United States, a complete 
list of every person, organization, and government making a contribution 
to RFE/RL during the preceding fiscal year, the address of the person, 
organization, or government making the contribution, and the date the 
contribution was made.
    (h) The Comptroller General of the United States or his 
representative shall have access for the purpose of audit and 
examination to any book, document, paper and record of RFE/RL.



Sec. 1300.11  Procurement and ownership of equipment.

    The BIB is authorized under 22 U.S.C. 2872(c) to procure supplies, 
services and other personal property, including specialized electronic 
equipment. As appropriate, BIB will use its authority to purchase 
electronic equipment for RFE/RL, title to which shall remain with the 
United States Government.



Sec. 1300.12  Assistance with Congressional inquiries.

    Upon request, RFE/RL management shall promptly provide the BIB with 
any information necessary for the BIB to respond satisfactorily to 
inquiries raised by committees of Congress or individual Members or 
their staffs.



Sec. 1300.13  Access to information and premises.

    RFE/RL shall keep complete records, as prescribed by law and 
regulations, concerning its operations, including but not limited to 
information on corporate, financial, personnel, engineering, research, 
programming, and technical matters. Board members and senior staff shall 
have access to any information in the records of RFE/RL and access to 
RFE/RL premises or sites.




Sec. 1300.14 RFE/RL organization.
    (a) RFE/RL management shall submit to the BIB any proposed major 
changes in the organization (as defined in paragraph (b) of this 
section) of offices, programs, or other activites. These changes shall 
be presented by the BIB to the OMB and the relevant Congressional 
Committees.
    (b) Major organizational changes in RFE/RL shall include the 
addition or elimination of broadcast languages,

[[Page 521]]

significant altering of broadcast transmitter time or power allocation 
among the languages, structural reorganization including the addition or 
elimination of departments, divisions, or functions and any substantial 
relocation of offices, broadcast services, or other significant 
activities.



Sec. 1300.15   Government relations.

    (a) Relations with the Executive Branch, the Congress, and foreign 
governments arising under the Board for International Broadcasting Act 
are the primary responsibility of the BIB and shall be carried out by 
the BIB.
    (b) The BIB recognizes that in the normal course of business RFE/RL 
management will have contacts with members and staff of Congress, 
officials of Federal agencies, U.S. diplomatic personnel overseas, and 
representatives of foreign governments in order to further the mission 
of RFE/RL. The BIB further recognizes that the operational requirements 
of RFE/RL, Inc., necessitate a close working relationship with various 
overseas governmental and private business organizations such as the 
German Bundespost and the Portuguese and Spanish PTTs. RFE/RL, Inc., 
shall keep the Chairman of the Board and the Executive Director of BIB 
apprised of any such contacts that may affect the interests of the 
United States Government.
    (c) Nothing herein shall be construed to limit the normal exercise 
of professional duties by RFE/RL news, research, and program personnel. 
The BIB supports, and when requested shall attempt to facilitate, full 
and unimpeded access by such personnel to officials of the Executive 
Branch and the Congress for interviews, news conferences, background 
briefings, and all other legitimate journalistic purposes.



Sec. 1300.16   Relations with Foreign Governments.

    Relationships with foreign governments or international 
organizations, except for routine daily operating matters, is reserved 
to the BIB.



PART 1301--BOARD FOR INTERNATIONAL BROADCASTING--(PRIVACY ACT OF 1974)--Table of Contents




Sec.
1301.1  Purpose and scope.
1301.2  Definitions.
1301.3  Procedures for requests pertaining to individual records in a 
          record system.
1301.4  Times, places, and requirements for the identification of the 
          individual making a request.
1301.5  Disclosure of requested information to the individual.
1301.6  Access to the accounting of disclosures from records.
1301.7  Request for correction or amendment to the record.
1301.8  Agency review of request for correction or amendment of the 
          record.
1301.9  Appeal of an initial adverse agency determination on correction 
          or amendment of the record.
1301.10  Disclosure of record to a person other than the individual to 
          whom the record pertains.
1301.11  Fees.

    Authority: 5 U.S.C. 552a; Pub. L. 93-579.

    Source: 41 FR 10413, Mar. 11, 1976, unless otherwise noted. 
Redesignated at 45 FR 17137, Mar. 18, 1980.



Sec. 1301.1  Purpose and scope.

    The purposes of these regulations are to:
    (a) Establish a procedure by which an individual can determine if 
the Board for International Broadcasting (hereafter known as the Board) 
maintains a system of records which includes a record pertaining to the 
individual; and
    (b) Establish a procedure by which an individual can gain access to 
a record pertaining to him or her for the purpose of review, amendment 
and/or correction.



Sec. 1301.2  Definitions.

    For the purpose of these regulations--
    (a) The term individual means a citizen of the United States or an 
alien lawfully admitted for permanent residence;
    (b) The term maintain includes maintain, collect, use or 
disseminate;
    (c) The term record means any item, collection or grouping of 
information

[[Page 522]]

about an individual that is maintained by the Board, including, but not 
limited to, his or her employment history, payroll information, and 
financial transactions and that contains his or her name, or the 
identifying number, symbol, or other identifying particular assigned to 
the individual, such as social security number;
    (d) The term system of records means a group of any records under 
the control of the Board from which information is retrieved by the name 
of the individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual; and
    (e) The term routine use means, with respect to the disclosure of a 
record, the use of such record for a purpose which is compatible with 
the purpose for which it was collected.



Sec. 1301.3  Procedures for requests pertaining to individual records in a record system.

    An individual shall submit a request to the Budget and 
Administrative Officer of the Board, Suite 430, 1030 Fifteenth Street, 
NW., Washington, D.C. 20005, in person or in writing, to determine if a 
system of records named by the individual contains a record pertaining 
to the individual, or if the Board maintains any systems of record which 
pertain to the individual. The individual shall submit a request to the 
Budget and Administrative Officer of the Board which states the 
individual's desire to review his or her record. Individuals who require 
assistance in identifying systems of record, or in preparing requests 
identifying systems of record for access, or who need assistance in 
requesting amendments, may address such requests to the Budget and 
Administrative Officer of the Board, Suite 430, 1030 Fifteenth Street, 
NW., Washington, D.C. 20005.



Sec. 1301.4  Times, places, and requirements for the identification of the individual making a request.

    An individual making a request to the Budget and Administrative 
Officer of the Board pursuant to Sec. 1301.3 shall present the request 
at the Board offices, Suite 430, 1030 Fifteenth Street, NW., Washington, 
D.C. 20005, on any business day between the hours of 9 a.m. and 5:30 
p.m., or in writing. The individual submitting the request should 
present himself or herself at the Board's offices with a form of 
identification which will permit the Board to verify that the individual 
is the same individual as contained in the record requested, such as a 
valid driver's permit, employee identification card, or Medicare card, 
or a signed statement from the individual asserting his or her identity 
and stipulating that he or she understands that knowingly or willfully 
seeking or obtaining access to records about another individual under 
false pretenses is punishable by a fine of up to $5,000. If the 
individual seeks access by mail, the Board will require similar 
identification as required of those persons requesting access to records 
in person, or by identifying data such as name, date of birth, or system 
personal identifier (if known to the individual). Requests for access to 
systems of record will be acknowledged within ten days of receipt. The 
acknowledgement will indicate whether or not access can be granted and, 
if so, that it will be within a 30-day period unless, for good cause 
shown, the Board is unable to do so.



Sec. 1301.5  Disclosure of requested information to the individual.

    Upon verification of identity either in person or in written form to 
the Budget and Administrative Officer of the Board, Suite 430, 1030 
Fifteenth Street, NW., Washington, D.C. 20005, and in accordance with 
the identification provisions of Sec. 1301.4, the Board shall disclose 
to the individual the information contained in the record which pertains 
to that individual. The individual may be accompanied for the purpose by 
a person of his or her choosing. Upon request of the individual to whom 
the record pertains, all information in the accounting of disclosures 
will be made available. If, for any unforeseen circumstances, or in an 
unusual situation when it may be necessary to deny a person access, the 
individual will be advised of the reasons therefor, and his or her right 
to judicial review under 5 U.S.C. 552a(f)(4).

[[Page 523]]



Sec. 1301.6  Access to the accounting of disclosures from records.

    The Privacy Act requires that with some limited exceptions 
individuals may request access to a list of those to whom records about 
them have been disclosed. Individuals seeking access to the accounting 
of disclosures from records pertaining to them should follow the same 
procedures as established above for access to the records themselves 
(see Secs. 1301.3, 1301.4, 1301.5).



Sec. 1301.7  Request for correction or amendment to the record.

    The individual should submit a request to the Budget and 
Administrative Officer of the Board which states the individual's desire 
to correct or to amend his or her record. This request is to be made in 
accord with the provisions of Sec. 1301.4.



Sec. 1301.8  Agency review of request for correction or amendment of the record.

    Within ten working days of the receipt of the request to correct or 
to amend the record, the Budget and Administrative Officer of the Board 
will acknowledge in writing such receipt and promptly either--
    (a) Make any correction or amendment or any portion thereof which 
the individual believes is not accurate, relevant, timely, or complete; 
or
    (b) Inform the individual of his or her refusal to correct or to 
amend the record in accordance with the request, the reason for the 
refusal, and the procedures established by the Board for the individual 
to request a review of that refusal. Corrections or amendments will be 
sent to prior recipients of the record in question, to the extent that 
the Board has an accounting of the disclosure of the record of that 
information.



Sec. 1301.9  Appeal of an initial adverse agency determination on correction or amendment of the record.

    An individual who disagrees with the refusal of the Budget and 
Administrative Officer of the Board to correct or to amend his or her 
record may submit a request for a review of such refusal to the 
Executive Director of the Board for International Broadcasting, Suite 
430, 1030 Fifteenth Street, NW., Washington, DC 20005. The Executive 
Director will, not later than thirty working days from the date on which 
the individual requests such review, complete such review and make a 
final determination unless, for good cause shown, the Executive Director 
extends such thirty day period. If, after his or her review, the 
Executive Director also refuses to correct or to amend the record in 
accordance with the request, the individual may file with the Board a 
concise statement setting forth the reasons for his or her disagreement 
with the refusal of the Board and may seek judicial review of the 
Executive Director's determination under 5 U.S.C. 552a (g)(1)(A). A copy 
of the corrected record or statement of dispute will be provided to 
prior recipients of the information in question, to the extent that the 
Board has an accounting of the disclosure of that information.



Sec. 1301.10  Disclosure of record to a person other than the individual to whom the record pertains.

    The Board will not disclose a record to any individual other than to 
the individual to whom the record pertains without receiving the prior 
written consent of the individual to whom the record pertains, except as 
required or permitted under 5 U.S.C. 552a(b).



Sec. 1301.11  Fees.

    If an individual requests copies of his or her record, he or she 
shall be charged ten cents per page for any copying charges in excess of 
$25. In cases of indigency, the Board may waive such fees. In cases 
where copying charges exceed $25, advance payment will be required.



PART 1302--RULES FOR IMPLEMENTING OPEN MEETINGS WITHIN THE BOARD FOR INTERNATIONAL BROADCASTING--Table of Contents




Sec.
1302.1  General policies.
1302.2  Definitions.
1302.3  Requirement of open meetings.
1302.4  Grounds on which meetings may be closed.
1302.5  Procedures for announcing meetings.
1302.6  Procedures for closing meetings.

[[Page 524]]

1302.7  Reconsideration of opening or closing a meeting.
1302.8  Recordkeeping of closed meetings.

    Authority: Pub. L. 93-129, 87 Stat. 456.

    Source: 42 FR 15405, Mar. 23, 1977; 42 FR 59747, Nov. 21, 1977, 
unless otherwise noted. Redesignated at 45 FR 17137, Mar. 18, 1980.



Sec. 1302.1  General policies.

    The Board for International Broadcasting will provide the public 
with the fullest practical information regarding its decisionmaking 
processes while protecting the rights of individuals and its abilities 
to carry out its responsibilities.



Sec. 1302.2  Definitions.

    The following definitions apply:
    (a) The term agency includes any establishment in the executive 
branch of the government headed by a collegial body composed of two or 
more individual members, a majority of whom are appointed to such 
position by the President with the advice and consent of the Senate, and 
any subdivision thereof authorized to act on behalf of the agency. The 
Board for International Broadcasting is a government agency headed by a 
five-member Board, all of whom are appointed by the President with the 
advice and consent of the Senate, and is therefore an ``agency'' under 
these terms.
    (b) The term meeting means the deliberation of this Board where such 
deliberations determine or result in the joint conduct or disposition of 
official Board business.
    (c) The term member means an individual who belongs to the Board who 
has been appointed by the President and confirmed by the Senate.



Sec. 1302.3  Requirement of open meetings.

    Members shall not jointly conduct or dispose of agency business 
other than in accordance with this section. Except as provided in 
Sec. 1302.4 every portion of every meeting of the agency shall be open 
to public observation.



Sec. 1302.4  Grounds on which meetings may be closed.

    The Board shall open every portion of every meeting of the agency 
for public observation except where the agency determines that such 
portion or portions of its meeting or the disclosure of such information 
is likely to:
    (a) Disclose matters that are:
    (1) Specifically authorized under criteria established by an 
Executive order to be kept secret in the interests of national defense 
or foreign policy and
    (2) In fact properly classified pursuant to such Executive order;
    (b) Relate solely to the internal personnel rules and practice of 
the agency;
    (c) Disclose matters specifically exempted from disclosure by 
statute: Provided, That such statute:
    (1) Requires that the matters be withheld from the public in such 
manner as to leave no discretion on the issue, or
    (2) Established practical criteria for withholding or refers to 
particular types of matters to be withheld;
    (d) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential;
    (e) Involve accusing any person of a crime, or formally censuring 
any person;
    (f) Disclose information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (g) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of such records or 
information would:
    (1) Interfere with enforcement proceedings,
    (2) Deprive a person of a right to a fair trial of an impartial 
adjudication,
    (3) Constitute an unwarranted invasion of personal privacy,
    (4) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential source,
    (5) Disclose investigative techniques and procedures, or
    (6) Endanger the life or physical safety of law enforcement 
personnel;
    (h) Disclose information the premature disclosure of which would be

[[Page 525]]

likely to significantly frustrate implementation of a proposed agency 
action. This shall not not apply in any instance where the Board has 
already disclosed to the public the content or nature of its proposed 
action, or where the Board is required by law to make such disclosure on 
its own initiative prior to taking final Board action on such proposal;
    (i) Specifically concern the Board's issuance of a subpoena, or the 
Board's participation in a civil action or proceeding, an action in a 
foreign court or international tribunal, or an arbitration, or the 
initiation, conduct or disposition by the Board of a particular case of 
formal agency adjudication pursuant to the procedures in section 554, of 
this title or otherwise involving a determination on the record after 
opportunity for a hearing.



Sec. 1302.5  Procedures for announcing meetings.

    (a) In the case of each meeting, the Board shall make public, at 
least one week before the meeting, the time, place, and subject matter 
of the meeting, whether it is to be open or closed to the public, and 
the name and phone number of the official designated by the Board to 
respond to requests for information about the meeting. Such announcement 
shall be made unless a majority of the members of the Board determine by 
a recorded vote that the Board requires that such a meeting be called at 
an earlier date, in which case the Board shall make public announcement 
of the time, place and subject matter of such meeting and whether open 
or closed to the public, at the earliest practical time.
    (b) Immediately following the public announcement, the Board will 
publish it in the Federal Register.



Sec. 1302.6  Procedures for closing meetings.

    (a) The closing of a meeting shall occur only when:
    (1) A majority of the membership of the Board votes to take such 
action. A separate vote of the Board members shall be taken with respect 
to each Board meeting a portion or portions of which are proposed to be 
closed to the public pursuant to Sec. 1302.4, or with respect to any 
information which is proposed to be withheld under Sec. 1302.4. A single 
vote may be taken with respect to a series of meetings, a portion or 
portions of which are proposed to be closed to the public, or with 
respect to any information concerning such series of meetings, so long 
as each meeting in such series involves the same particular matters and 
is scheduled to be held no more than thirty days after the initial 
meeting in such series. The vote of each Board member participating in 
such vote shall be recorded and no proxies shall be allowed.
    (2) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the Board close such portion to the 
public for any of the reasons referred to in Sec. 1302.4 (e), (f) or 
(g), the Board, upon request of any of its Board members, shall take a 
recorded vote, whether to close such portion of the meeting.
    (b) Within one day of any vote taken, the Board shall make publicly 
available a written copy of such vote reflecting the vote of each member 
on the question and full written explanation of its action closing the 
entire or portion of the meeting together with a list of all persons 
expected to attend the meeting and their affiliation.
    (c) The Board shall announce the time, place and subject matter of 
the meeting at least eight (8) days before the meeting.
    (d) For every closed meeting, the Executive Director of the Board 
shall publicly certify that, in his or her opinion, the meeting may be 
closed to the public and shall state each relevant exemptive provision. 
A copy of such certification, together with a statement from the 
presiding officer of the meeting setting forth the time and place of the 
meeting, and the persons present, shall be retained by the Board.



Sec. 1302.7  Reconsideration of opening or closing a meeting.

    The time or place of a Board meeting may be changed following the 
public announcement only if the Board publicly announces such change at 
the earliest practicable time. The subject matter of a meeting, or the 
determination of the agency to open or close a meeting, or portion of 
meeting, to the

[[Page 526]]

public, may be changed following the public announcement only if a 
majority of the Board members determines by a recorded vote that Board 
business so requires and that no earlier announcement of the change was 
possible, and the Board publicly announces such change and the vote of 
each member upon such change at the earliest practicable time.



Sec. 1302.8  Recordkeeping of closed meetings.

    (a) The Board shall maintain a written record of the proceedings of 
each meeting, or portion of a meeting, closed to the public.
    (b) The Board, after review by the Executive Director shall make 
promptly available to the public in a place easily accessible to the 
public, the written record of the discussion of any time on the agenda, 
or any item of the testimony of any witness received at the Board 
meeting, except for such item or items of such discussion or testimony 
as the Board determines to contain information which may be withheld 
under Sec. 1302.4. Copies of such record, disclosing the identity of 
each speaker, shall be furnished to any person at the actual cost of 
duplication. The Board shall maintain a detailed written copy of the 
minutes of each meeting, or portion of a meeting, closed to the public, 
for a period of at least two years after such meeting, or until one year 
after the conclusion of any Board proceeding with respect to which the 
meeting or portion was held, whichever occurs later.



PART 1303--SECURITY INFORMATION REGULATIONS--Table of Contents




Sec.
1303.1  Policy.
1303.2  Program.
1303.3  Procedures.

    Authority: E.O. 12065 and E.O. 12356.



Sec. 1303.1  Policy.

    It is the policy of the Board for International Broadcasting (BIB) 
to act in accordance with Executive Order 12356 in matters relating to 
national security information.

[48 FR 28984, June 24, 1983]



Sec. 1303.2  Program.

    The Executive Director is designated as the BIB's official 
responsible for implementation and oversight of information security 
programs and procedures. He acts as the recipient of questions, 
suggestions and complaints regarding all elements of this program, and 
is solely responsible for changes to it and for ensuring that it is at 
all times consistent with Executive Order 12356. The Executive Director 
also serves as the BIB's official contact for requests for 
declassification of materials submitted under the provisions of 
Executive Order 12356, regardless of the point or origin of such 
requests. He is responsible for ensuring that requests submitted under 
the Freedom of Information Act are handled in accordance with that Act 
and that declassification requests submitted under the provisions of 
Executive Order 12356 are acted upon within 60 days of receipt.

[48 FR 28984, June 24, 1983]



Sec. 1303.3  Procedures.

    (a) Mandatory declassification review. Requests for mandatory review 
of national security information shall be in writing and addressed to 
the Executive Director, Board for International Broadcasting, Suite 
1100, 1201 Connecticut Avenue, NW., Washington, DC 20036. The request 
should describe the document or material containing the information with 
sufficient specificity to enable the Board's personnel to locate it with 
a reasonable amount of effort. In light of the fact that the BIB does 
not have original classification authority and national security 
information in its custody has been classified by another Federal 
agency, the Executive Director shall refer all requests for national 
security information in its custody to the Federal agency that 
classified it for review and disposition in accordance with Executive 
Order 12356 and that agency's regulations and guidelines.
    (b) Handling. All classified documents shall be delivered to the 
Executive Director or his designee immediately upon receipt. All 
potential recipients of such documents shall be advised of the names of 
such designees and updated information as necessary. In the

[[Page 527]]

event that the Executive Director or his designee is not available to 
receive such documents, they shall be turned over to the Budget and 
Administrative Officer and secured, unopened, in the combination safes 
located in the file room of the BIB offices until the Executive Director 
or his designee is available. Under no circumstances shall classified 
materials that cannot be delivered to the Executive Director or his 
designee be stored other than in the designated safes.
    (c) Reproduction. Reproduction of classified material shall take 
place only in accordance with Executive Order 12065, section 4-4, and 
any limitations imposed by the originator. Should copies be made, they 
are subject to the same controls as the original document. Records 
showing the number and distribution of copies shall be maintained, where 
required by the executive order, by the Budget and Administrative 
Officer, and the log shall be stored with the original documents. These 
measures shall not restrict reproduction for the purposes of mandatory 
review.
    (d) Storage. All classified documents shall be stored in the 
combination safes located in the file room of the BIB offices. The 
combination shall be changed as required by Information Security 
Oversight Office (ISOO) Directive No. 1, section IV-F-5-a. The 
combination shall be known only to the Executive Director and his 
designees each of whom must have the appropriate security clearance.
    (e) Employee education. All employees who have been granted a 
security clearance and who have occasion to handle classified materials 
shall be advised of handling, reproduction and storage procedures and 
shall be required to review Executive Order 12065 and appropriate ISOO 
directives. This shall be accomplished by a memorandum to all affected 
employees at the time these procedures are implemented. New employees 
will be instructed in procedures as they enter employment with the BIB.
    (f) Agency terminology. The use of the terms ``Top Secret'', 
``Secret'' and ``Confidential'' shall be limited to materials classified 
for national security purposes.

[44 FR 64077, Nov. 6, 1979. Redesignated at 45 FR 17137, Mar. 18, 1980, 
and amended at 48 FR 28984, June 24, 1983]



PART 1304--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE BOARD FOR INTERNATIONAL BROADCASTING--Table of Contents




Sec.
1304.101  Purpose.
1304.102  Application.
1304.103  Definitions.
1304.104-1304.109  [Reserved]
1304.110  Self-evaluation.
1304.111  Notice.
1304.112-1304.129  [Reserved]
1304.130  General prohibitions against discrimination.
1304.131-1304.139  [Reserved]
1304.140  Employment.
1304.141-1304.148  [Reserved]
1304.149  Program accessibility: Discrimination prohibited.
1304.150  Program accessibility: Existing facilities.
1304.151  Program accessibility: New construction and alterations.
1304.152-1304.159  [Reserved]
1304.160  Communications.
1304.161-1304.169  [Reserved]
1304.170  Compliance procedures.
1304.171-1304.999  [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 4577, Feb. 5, 1986, unless otherwise noted.



Sec. 1304.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 1304.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 1304.103  Definitions.

    For purposes of this part, the term--

[[Page 528]]

    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, Brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one of more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing impairments, cerebral palsy, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, 
diabetes, mental retardation, emotional illness, and drug addition and 
alcholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Qualified handicapped person means--
    (1) With respect to any agency program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can achieve the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature; or
    (2) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity.

[[Page 529]]

    (3) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 1304.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies only to programs or activities 
conducted by Executive agencies and not to federally assisted programs.

[51 FR 4577, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]
Secs. 1304.104--1304.109  [Reserved]



Sec. 1304.110  Self-evaluation.

    (a) The agency shall, by April 9, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspections:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.



Sec. 1304.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.
Secs. 1304.112--1304.129  [Reserved]



Sec. 1304.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualfied handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or

[[Page 530]]

activities that are not separate or different, despite the existence of 
permissibly separate or different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.
Secs. 1304.131--1304.139  [Reserved]



Sec. 1304.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.
Secs. 1304.141--1304.148  [Reserved]



Sec. 1304.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 1304.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 1304.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons; or
    (2) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 1304.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens

[[Page 531]]

but would nevertheless ensure that handicapped persons receive the 
benefits and services of the program or activity.
    (b) Methods. The agency may comply with the requirements of this 
section through such means as redesign of equipment, reassignment of 
services to accessible buildings, assignment of aides to beneficiaries, 
home visits, delivery of services at alternate accessible sites, 
alteration of existing facilities and construction of new facilities, 
use of accessible rolling stock, or any other methods that result in 
making its programs or activities readily accessible to and usable by 
handicapped persons. The agency is nor required to make structural 
changes in existing facilities where other methods are effective in 
achieving compliance with this section. The agency, in making 
alterations to existing buildings, shall meet accessibility requirements 
to the extent compelled by the Architectural Barriers Act of 1968, as 
amended (42 U.S.C. 4151-4157), and any regulations implementing it. In 
choosing among available methods for meeting the requirements of this 
section, the agency shall give priority to those methods that offer 
programs and activities to qualified handicapped persons in the most 
integrated setting appropriate.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by June 6, 1986, except that 
where structural changes in facilities are undertaken, such changes 
shall be made by April 7, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by October 7, 1986, a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.

[51 FR 4577, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]



Sec. 1304.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 1304.152--1304.159  [Reserved]



Sec. 1304.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices

[[Page 532]]

for deaf persons (TDD's) or equally effective telecommunication systems 
shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 1304.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity, 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that, to the maximum 
extent possible, handicapped persons receive the benefits and services 
of the program or activity.
Secs. 1304.161--1304.169  [Reserved]



Sec. 1304.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The Executive Director shall be responsible for coordinating 
implementation of this section. Complaints may be sent to the Budget and 
Administrative Office, 1201 Connecticut Avenue, NW., Suite 400, 
Washington, DC 20036.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found;
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1304.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of

[[Page 533]]

the appeal within 60 days of the receipt of the request. If the head of 
the agency determines that additional information is needed from the 
complainant, he or she shall have 60 days from the date of receipt of 
the additional information to make his or her determination on the 
appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 4577, Feb. 5, 1986, as amended at 51 FR 4577, Feb. 5, 1986]
Secs. 1304.171--1304.999  [Reserved]

[[Page 535]]



CHAPTER XIV--FOREIGN SERVICE LABOR RELATIONS BOARD; FEDERAL LABOR RELATIONS AUTHORITY; GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY; AND THE FOREIGN SERVICE IMPASSE DISPUTES PANEL




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

                        SUBCHAPTER A--[RESERVED]

                    SUBCHAPTER B--GENERAL PROVISIONS

Part                                                                Page
1411            Availability of official information........         537
1413            Open meetings...............................         543
1414            Ex parte communications.....................         545
SUBCHAPTER C--FOREIGN SERVICE LABOR RELATIONS BOARD AND GENERAL COUNSEL 
                OF THE FEDERAL LABOR RELATIONS AUTHORITY

1420            Purpose and scope...........................         549
1421            Meaning of terms as used in this subchapter.         549
1422            Representation proceedings..................         551
1423            Unfair labor practice proceedings...........         562
1424            Expedited review of negotiability issues....         571
1425            Review of implementation dispute actions....         574
1427            General statements of policy or guidance....         574
1428            Enforcement of Assistant Secretary standards 
                    of conduct decisions and orders.........         575

[[Page 536]]

1429            Miscellaneous and general requirements......         576
          SUBCHAPTER D--FOREIGN SERVICE IMPASSE DISPUTES PANEL

1470            General.....................................         582
1471            Procedures of the panel.....................         582

Appendix A to Chapter XIV--Current addresses and geographic 
  jurisdictions.............................................         585

Appendix B to Chapter XIV--Memorandum describing the 
  authority and assigned responsibilities of the General 
  Counsel of the Federal Labor Relations Authority under the 
  Foreign Service Labor-Management Relations Statute........         586

[[Page 537]]



                        SUBCHAPTER A--[RESERVED]



                    SUBCHAPTER B--GENERAL PROVISIONS





PART 1411--AVAILABILITY OF OFFICIAL INFORMATION--Table of Contents




Sec.
1411.1  Purpose and scope.
1411.2  Delegation of authority.
1411.3  Information policy.
1411.4  Procedure for obtaining information.
1411.5  Identification of information requested.
1411.6  Time limits for processing requests.
1411.7  Appeal from denial of request.
1411.8  Extension of time limits.
1411.9  Effect of failure to meet time limits.
1411.10  Fees.
1411.11  Compliance with subpoenas.
1411.12  Annual report.

    Authority: 5 U.S.C. 552.

    Source: 46 FR 45854, Sept. 15, 1981, unless otherwise noted.



Sec. 1411.1  Purpose and scope.

    This part contains the regulations of the Foreign Service Labor 
Relations Board (the Board), the General Counsel of the Federal Labor 
Relations Authority (the General Counsel) and the Foreign Service 
Impasse Disputes Panel (the Panel) providing for public access to 
information from the Board, the General Counsel or the Panel. These 
regulations implement the Freedom of Information Act, as amended, 5 
U.S.C. 552, and the policy of the Board, the General Counsel and the 
Panel to disseminate information on matters of interest to the public 
and to disclose to members of the public on request such information 
contained in records insofar as is compatible with the discharge of 
their responsibilities, consistent with applicable law.



Sec. 1411.2  Delegation of authority.

    (a) Foreign Service Labor Relations Board/General Counsel of the 
Federal Labor Relations Authority. Regional Directors of the Federal 
Labor Relations Authority, the Freedom of Information Officer of the 
Office of the General Counsel, Washington, DC, and the Solicitor of the 
Federal Labor Relations Authority are delegated the exclusive authority 
to act upon all requests for information, documents and records which 
are received from any person or organization under Sec. 1411.4(a).
    (b) Foreign Service Impasse Disputes Panel. The Executive Director 
of the Federal Service Impasses Panel is delegated the exclusive 
authority to act upon all requests for information, documents and 
records which are received from any person or organization under 
Sec. 1411.4(b).



Sec. 1411.3  Information policy.

    (a) Foreign Service Labor Relations Board/General Counsel of the 
Federal Labor Relations Authority. (1) It is the policy of the Foreign 
Service Labor Relations Board and the General Counsel of the Federal 
Labor Relations Authority to make available for public inspection and 
copying: (i) Final decisions and orders of the Board and administrative 
rulings of the General Counsel; (ii) statements of policy and 
interpretations which have been adopted by the Board or by the General 
Counsel and are not published in the Federal Register; and (iii) 
administrative staff manuals and instructions to staff that affect a 
member of the public (except those establishing internal operating 
rules, guidelines, and procedures for the investigation, trial, and 
settlement of cases). Any person may examine and copy items in 
paragraphs (a)(1) (i) through (iii) of this section at each regional 
office of the Authority and at the offices of the Authority and the 
General Counsel, respectively, in Washington, DC, under conditions 
prescribed by the Board and the General Counsel, respectively, and at 
reasonable times during normal working hours so long as it does not 
interfere with the efficient operations of the Authority, the Board and 
the General Counsel. To the extent required to prevent a clearly 
unwarranted invasion of personal privacy, identifying details may be 
deleted and, in each case, the justification for the deletion shall be 
fully explained in writing.
    (2) It is the policy of the Board and the General Counsel to make 
promptly available for public inspection and

[[Page 538]]

copying, upon request by any person, other records where the request 
reasonably describes such records and otherwise conforms with the rules 
provided herein.
    (b) Foreign Service Impasse Disputes Panel. (1) It is the policy of 
the Foreign Service Impasse Disputes Panel to make available for public 
inspection and copying: (i) Procedural determinations of the Panel; (ii) 
factfinding and arbitration reports; (iii) final decisions and orders of 
the Panel; (iv) statements of policy and interpretations which have been 
adopted by the Panel and are not published in the Federal Register; and 
(v) administrative staff manuals and instructions to staff that affect a 
member of the public. Any person may examine and copy items in 
paragraphs (b)(1)(i) through (v) of this section at the offices of the 
Federal Service Impasses Panel in Washington, DC, under conditions 
prescribed by the Panel, and at reasonable times during normal working 
hours so long as it does not interfere with the efficient operations of 
the Federal Service Impasses Panel and the Panel. To the extent required 
to prevent a clearly unwarranted invasion of personal privacy, 
identifying details may be deleted and, in each case, the justification 
for the deletion shall be fully explained in writing.
    (2) It is the policy of the Panel to make promptly available for 
public inspection and copying, upon request by any person, other records 
where the request reasonably describes such records and otherwise 
conforms with the rules provided herein.
    (c) The Board, the General Counsel and the Panel shall maintain and 
make available for public inspection and copying the current indexes and 
supplements thereto which are required by 5 U.S.C. 552(a)(2) and, as 
appropriate, a record of the final votes of each member of the Board and 
of the Panel in every agency proceeding. Any person may examine and copy 
such document or record of the Board, the General Counsel or the Panel 
at the offices of the Authority, the General Counsel, or the Federal 
Service Impasses Panel, as appropriate, in Washington, DC, under 
conditions prescribed by the Board, the General Counsel or the Panel at 
reasonable times during normal working hours so long as it does not 
interfere with the efficient operations of the Authority, the Board, the 
General Counsel, the Federal Service Impasses Panel, or the Panel.
    (d) The Board, the General Counsel or the Panel may decline to 
disclose any matters exempted from the disclosure requirements in 5 
U.S.C. 552(b), particularly those that are:
    (1)(i) Specifically authorized under criteria established by an 
executive order to be kept secret in the interest of national defense or 
foreign policy and (ii) are in fact properly classified pursuant to such 
executive order;
    (2) Related solely to internal personnel rules and practices of the 
Authority, the General Counsel or the Federal Service Impasses Panel;
    (3) Specifically exempted from disclosure by statute (other than 5 
U.S.C. 552(b)): Provided, That such statute:
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue; or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Interagency or intra-agency memoranda or letters which would not 
be available by law to a party other than an agency in litigation with 
the agency;
    (6) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy; or
    (7) Investigatory records compiled for law enforcement purposes, but 
only to the extent that the production of such records would:
    (i) Interfere with an enforcement proceeding;
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication;
    (iii) Constitute an unwarranted invasion of personal privacy;
    (iv) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security

[[Page 539]]

intelligence investigation, confidential information furnished only by 
the confidential source;
    (v) Disclose investigative techniques and procedures; or
    (vi) Endanger the life or physical safety of law enforcement 
personnel.
    (e)(1) The formal documents constituting the record in a case or 
proceeding are matters of official record and, until destroyed pursuant 
to applicable statutory authority, are available to the public for 
inspection and copying at the appropriate regional office of the 
Authority, or the offices of the Authority, the General Counsel or the 
Federal Service Impasses Panel in Washington, DC, as appropriate, under 
conditions prescribed by the Authority, the General Counsel or the 
Federal Service Impasses Panel at reasonable times during normal working 
hours so long as it does not interfere with the efficient operations of 
the Authority, the General Counsel or the Federal Service Impasses 
Panel.
    (2) The Board, the General Counsel or the Panel, as appropriate, 
shall certify copies of the formal documents upon request made a 
reasonable time in advance of need and payment of lawfully prescribed 
costs.
    (f)(1) Copies of forms prescribed by the Board for the filing of 
charges and petitions may be obtained without charge from any regional 
office of the Authority.
    (2) Copies of forms prescribed by the Panel for the filing of 
requests may be obtained without charge from the offices of the Federal 
Service Impasses Panel in Washington, DC.



Sec. 1411.4  Procedure for obtaining information.

    (a) Foreign Service Labor Relations Board/General Counsel of the 
Federal Labor Relations Authority. Any person who desires to inspect or 
copy any records, documents or other information of the Board or the 
General Counsel, covered by this part, other than those specified in 
paragraphs (a) (1) and (c) of Sec. 1411.3, shall submit a written 
request to that effect as follows:
    (1) If the request is for records, documents or other information in 
a regional office of the Authority, it should be made to the appropriate 
Regional Director;
    (2) If the request is for records, documents or other information in 
the Office of the General Counsel and located in Washington, DC, it 
should be made to the Freedom of Information Officer, Office of the 
General Counsel, Washington, DC; and
    (3) If the request is for records, documents or other information in 
the offices of the Authority in Washington, DC, it should be made to the 
Solicitor of the Authority, Washington, DC.
    (b) Foreign Service Impasse Disputes Panel. Any person who desires 
to inspect or copy any records, documents or other information of the 
Panel covered by this part, other than those specified in paragraphs (b) 
(1) and (c) of Sec. 1411.3, shall submit a written request to that 
effect to the Executive Director, Federal Service Impasses Panel, 
Washington, DC.
    (c) All requests under this part should be clearly and prominently 
identified as a request for information under the Freedom of Information 
Act and, if submitted by mail or otherwise submitted in an envelope or 
other cover, should be clearly identified as such on the envelope or 
other cover. If a request does not comply with the provisions of this 
paragraph, it shall not be deemed received by the appropriate Regional 
Director, the Freedom of Information Officer of the Office of the 
General Counsel, the Solicitor of the Authority, or the Executive 
Director of the Federal Service Impasses Panel, as appropriate, until 
the time it is actually received by such person.



Sec. 1411.5  Identification of information requested.

    (a) Each request under this part should reasonbaly describe the 
records being sought in a way that they can be identified and located. A 
request should include all pertinent details that will help identify the 
records sought.
    (b) If the description is insufficient, the officer processing the 
request will so notify the person making the request and indicate the 
additional information needed. Every reasonable effort

[[Page 540]]

shall be made to assist in the identification and location of the record 
sought.
    (c) Upon receipt of a request for records, the appropriate Regional 
Director, the Freedom of Information Officer of the Office of the 
General Counsel, the Solicitor of the Authority, or the Executive 
Director of the Federal Service Impasses Panel, as appropriate, shall 
enter it in a public log. The log shall state the date and time 
received, the name and address of the person making the request, the 
nature of the records requested, the action taken on the request, the 
date of the determination letter sent pursuant to paragraphs (b) and (c) 
of Sec. 1411.6, the date(s) any records are subsequently furnished, the 
number of staff-hours and grade levels of persons who spent time 
responding to the request, and the payment requested and received.



Sec. 1411.6  Time limits for processing requests.

    (a) All time limits established pursuant to this section shall begin 
as of the time at which a request for records is logged in by the 
appropriate Regional Director, the Freedom of Information Officer of the 
Office of the General Counsel, the Solicitor of the Authority, or the 
Executive Director of the Federal Service Impasses Panel, as 
appropriate, processing the request pursuant to paragraph (c) of 
Sec. 1411.5. An oral request for records shall not begin any time 
requirement. A written request for records sent to other than the 
appropriate officer will be forwarded to that officer by the receiving 
officer, but in that event the applicable time limit for response set 
forth in paragraph (b) of this section shall begin upon the request 
being logged in as required by paragraph (c) of Sec. 1411.5.
    (b) Except as provided in Sec. 1411.8, the appropriate Regional 
Director, the Freedom of Information Officer of the Office of the 
General Council, the Solicitor of the Authority, or the Executive 
Director of the Federal Service Impasses Panel, as appropriate, shall, 
within ten (10) working days following receipt of the request, respond 
in writing to the requester, determining whether, or the extent to 
which, the request shall be complied with.
    (1) If all the records requested have been located and a final 
determination has been made with respect to disclosure of all of the 
records requested, the response shall so state.
    (2) If all of the records have not been located or a final 
determination has not been made with respect to disclosure of all the 
records requested, the response shall state the extent to which the 
records involved shall be disclosed pursuant to the rules established in 
this part.
    (3) If the request is expected to involve an assessed fee in excess 
of $25.00, the response shall specify or estimate the fee involved and 
shall require prepayment of any charges in accordance with the 
provisions of paragraph (a) of Sec. 1411.10 before the records are made 
available.
    (4) Whenever possible, the response relating to a request for 
records that involves a fee of less than $25.00 shall be accompanied by 
the requested records. Where this is not possible, the records shall be 
forwarded as soon as possible thereafter, consistent with other 
obligations of the Board, the General Counsel or the Panel.
    (c) If any request for records is denied in whole or in part, the 
response required by paragraph (b) of this section shall notify the 
requester of the denial. Such denial shall specify the reason therefor, 
set forth the name and title or position of the person responsible for 
the denial, and notify the person making the request of the right to 
appeal the denial under the provisions of Sec. 1411.7.



Sec. 1411.7  Appeal from denial of request.

    (a) Foreign Service Labor Relations Board/General Counsel of the 
Federal Labor Relations Authority. (1) Whenever any request for records 
is denied, a written appeal may be filed within thirty (30) days after 
the requester receives notification that the request has been denied or 
after the requester receives any records being made available, in the 
event of partial denial. If the denial was made by a Regional Director 
or by the Freedom of Information Officer of the Office of the General 
Counsel, the appeal shall be filed with the General Counsel in 
Washington,

[[Page 541]]

DC. If the denial was made by the Solicitor of the Authority, the appeal 
shall be filed with the Chairperson of the Board in Washington, DC.
    (2) The Chairperson of the Board or the General Counsel, as 
appropriate, shall, within twenty (20) working days from the time of 
receipt of the appeal, except as provided in Sec. 1411.8, make a 
determination on the appeal and respond in writing to the requester, 
determining whether, or the extent to which, the request shall be 
complied with.
    (i) If the determination is to comply with the request and the 
request is expected to involve an assessed fee in excess of $25.00, the 
determination shall specify or estimate the fee involved and shall 
require prepayment of any charges due in accordance with the provisions 
of paragraph (a) of Sec. 1411.10 before the records are made available.
    (ii) Whenever possible, the determination relating to a request for 
records that involves a fee of less than $25.00 shall be accompanied by 
the requested records. Where this is not possible, the records shall be 
forwarded as soon as possible thereafter, consistent with other 
obligations of the Board or the General Counsel.
    (b) Foreign Service Impasse Disputes Panel. (1) Whenever any request 
for records is denied by the Executive Director of the Federal Service 
Impasses Panel, a written appeal may be filed with the Chairperson of 
the Panel within thirty (30) days after the requester receives 
notification that the request has been denied or after the requester 
receives any records being made available, in the event of partial 
denial.
    (2) The Chairperson of the Panel, within twenty (20) working days 
from the time of receipt of the appeal, except as provided in 
Sec. 1411.8, shall make a determination on the appeal and respond in 
writing to the requester, determining whether, or the extent to which, 
the request shall be complied with.
    (i) If the determination is to comply with the request and the 
request is expected to involve an assessed fee in excess of $25.00, the 
determination shall specify or estimate the fee involved and shall 
require prepayment of any charges due in accordance with the provisions 
of paragraph (a) of Sec. 1411.10 before the records are made available.
    (ii) Whenever possible, the determination relating to a request for 
records that involves a fee of less than $25.00 shall be accompanied by 
the requested records. Where this is not possible, the records shall be 
forwarded as soon as possible thereafter, consistent with other 
obligations of the Panel.
    (c) If on appeal the denial of the request for records is upheld in 
whole or in part by the Chairperson of the Board, the General Counsel, 
or the Chairperson of the Panel, as appropriate, the person making the 
request shall be notified of the reasons for the determination, the name 
and title or position of the person responsible for the denial, and the 
provisions for judicial review of that determination under 5 U.S.C. 
552(a)(4). Even though no appeal is filed from a denial in whole or in 
part of a request for records by the person making the request, the 
Chairperson of the Board, the General Counsel or the Chairperson of the 
Panel, as appropriate, may, without regard to the time limit for filing 
of an appeal, sua sponte initiate consideration of a denial under this 
appeal procedure by written notification to the person making the 
request. In such event the time limit for making the determination shall 
commence with the issuance of such notification.



Sec. 1411.8  Extension of time limits.

    In unusual circumstances as specified in this section, the time 
limits prescribed with respect to initial determinations or 
determinations on appeal may be extended by written notice from the 
officer handling the request (either initial or on appeal) to the person 
making such request setting forth the reasons for such extension and the 
date on which a determination is expected to be dispatched. No such 
notice shall specify a date that would result in a total extension of 
more than ten (10) working days. As used in this section, ``unusual 
circumstances'' means, but only to the extent reasonably necessary to 
the proper processing of the particular request:

[[Page 542]]

    (a) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request;
    (b) The need to search for, collect and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (c) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
agency having substantial subject matter interest therein.



Sec. 1411.9  Effect of failure to meet time limits.

    Failure by the Board, the General Counsel or the Federal Service 
Impasses Panel either to deny or grant any request under this part 
within the time limits prescribed by the Freedom of Information Act, as 
amended, 5 U.S.C. 552, and these regulations shall be deemed to be an 
exhaustion of the administrative remedies available to the person making 
this request.



Sec. 1411.10  Fees.

    Persons requesting records from the Board, the General Counsel or 
the Panel shall be subject to a charge of fees for the direct cost of 
document search and duplication in accordance with the following 
schedules, procedures and conditions:
    (a) The following fees shall be charged for disclosure of any record 
pursuant to this part:
    (1) Copying of records. Ten cents per copy of each page.
    (2) Clerical searches. $1.25 for each one-quarter hour spent by 
clerical personnel searching for and producing a requested record, 
including time spent copying any record.
    (3) Nonclerical searches. $2.50 for each one-quarter hour spent by 
professional or managerial personnel searching for and producing a 
requested record, including time spent copying any record.
    (4) Forwarding material to destination. Postage, insurance and 
special fees will be charged on an actual cost basis.
    (b) All charges may be waived or reduced whenever it is in the 
public interest to do so.
    (c) Requests for copies of transcripts of hearings should be made to 
the official hearing reporter. However, a person may request a copy of a 
transcript of a hearing from the Board, the Panel or the General 
Counsel, as appropriate. In such instance, the Board, the Panel or the 
General Counsel, as appropriate, may, by agreement with the person 
making the request, make arrangements with commercial firms for required 
services to be charged directly to the requester.
    (d) No charge shall be made for the time spent in resolving legal or 
policy issues or in examining records for the purpose of deleting 
nondisclosable portions thereof.
    (e) Payment of fees shall be made by check or money order payable to 
the U.S. Treasury.



Sec. 1411.11  Compliance with subpoenas.

    No member of the Board or the Panel, or the General Counsel, or 
employee of the Authority, the Federal Service Impasses Panel, or the 
General Counsel shall produce or present any files, documents, reports, 
memoranda, or records of the Board, the Panel or the General Counsel, or 
testify in behalf of any party to any cause pending in any arbitration 
or in any court or before the Board or the Panel, or any other board, 
commission, or administrative agency of the United States, territory, or 
the District of Columbia with respect to any information, facts, or 
other matter to their knowledge in their official capacity or with 
respect to the contents of any files, documents, reports, memoranda, or 
records of the Board, the Panel or the General Counsel, whether in 
answer to a subpoena, subpoena duces tecum, or otherwise, without the 
written consent of the Board, the Panel or the General Counsel, as 
appropriate. Whenever any subpoena, the purpose for which is to adduce 
testimony or require the production of records as described in this 
section, shall have been served on any member of the Board or of the 
Panel or employee of the Authority, the Federal Service Impasses Panel 
or the General

[[Page 543]]

Counsel, such person will, unless otherwise expressly directed by the 
Board, the Panel or the General Counsel, as appropriate, and as provided 
by law, move pursuant to the applicable procedure to have such subpoena 
invalidated on the ground that the evidence sought is privileged against 
disclosure by this rule.



Sec. 1411.12  Annual report.

    On or before March 1 of each calendar year, the Executive Director 
of the Authority shall submit a report of the activities of the Board, 
the General Counsel and the Panel with regard to public information 
requests during the preceding calendar year to the Speaker of the House 
of Representatives and the President of the Senate for referral to the 
appropriate committees of the Congress. The report shall include for 
such calendar year all information required by 5 U.S.C. 552(d) and such 
other information as indicates the efforts of the Board, the General 
Counsel and the Panel to administer fully the provisions of the Freedom 
of Information Act, as amended.



PART 1413--OPEN MEETINGS--Table of Contents




Sec.
1413.1  Purpose and scope.
1413.2  Public observation of meetings.
1413.3  Definition of meeting.
1413.4  Closing of meetings; reasons therefor.
1413.5  Action necessary to close meeting; record of votes.
1413.6  Notice of meetings; public announcement and publication.
1413.7  Transcripts, recordings or minutes of closed meeting; public 
          availability; retention.

    Authority: 5 U.S.C. 552b.

    Source: 46 FR 45858, Sept. 15, 1981, unless otherwise noted.



Sec. 1413.1  Purpose and scope.

    This part contains the regulations of the Foreign Service Labor 
Relations Board implementing the Government in the Sunshine Act, 5 
U.S.C. 552b.



Sec. 1413.2  Public observation of meetings.

    Every portion of every meeting of the Board shall be open to public 
observation, except as provided in Sec. 1413.4, and Board members shall 
not jointly conduct or dispose of agency business other than in 
accordance with the provisions of this part.



Sec. 1413.3  Definition of meeting.

    For purposes of this part, meeting shall mean the deliberations of 
at least two (2) members of the Board where such deliberations determine 
or result in the joint conduct or disposition of official agency 
business, but does not include deliberations to determine whether a 
meeting should be closed to public observation in accordance with the 
provisions of this part.



Sec. 1413.4  Closing of meetings; reasons therefor.

    (a) Except where the Board determines that the public interest 
requires otherwise, meetings, or portions thereof, shall not be open to 
public observation where the deliberations concern the issuance of a 
subpoena, the Board participation in a civil action or proceeding or an 
arbitration, or the initiation, conduct or disposition by the Board of 
particular cases of formal agency adjudication pursuant to the 
procedures in 5 U.S.C. 554 or otherwise involving a determination on the 
record after opportunity for a hearing, or any court proceedings 
collateral or ancillary thereto.
    (b) Meetings, or portions thereof, may also be closed by the Board, 
except where it determines that the public interest requires otherwise, 
when the deliberations concern matters or information falling within the 
reasons for closing meetings specified in 5 U.S.C. 552b(c)(1) (secret 
matters concerning national defense or foreign policy); (c)(2) (internal 
personnel rules and practices); (c)(3) (matters specifically exempted 
from disclosure by statute); (c)(4) (privileged or confidential trade 
secrets and commercial or financial information); (c)(5) (matters of 
alleged criminal conduct or formal censure); (c)(6) (personal 
information where disclosure would cause a clearly unwarranted invasion 
of personal privacy); (c)(7) (certain materials or information from 
investigatory files compiled for law enforcement purposes); or (c)(9)(B) 
(disclosure would significantly frustrate implementation of a proposed 
agency action).

[[Page 544]]



Sec. 1413.5  Action necessary to close meeting; record of votes.

    A meeting shall be closed to public observation under Sec. 1413.4, 
only when a majority of the members of the Board who will participate in 
the meeting vote to take such action.
    (a) When the meeting deliberations concern matters specified in 
Sec. 1413.4(a), the Board members shall vote at the beginning of the 
meeting, or portion thereof, on whether to close such meeting, or 
portion thereof, to public observation and on whether the public 
interest requires that a meeting which may properly be closed should 
nevertheless be open to public observation. A record of such vote, 
reflecting the vote of each member of the Board, shall be kept and made 
available to the public at the earliest practicable time.
    (b) When the meeting deliberations concern matters specified in 
Sec. 1413.4(b), the Board shall vote on whether to close such meeting, 
or portion thereof, to public observation, and on whether there is a 
public interest which requires that a meeting which may properly be 
closed should nevertheless be open to public observation. The vote shall 
be taken at a time sufficient to permit inclusion of information 
concerning the open or closed status of the meeting in the public 
announcement thereof. A single vote may be taken with respect to a 
series of meetings at which the deliberations will concern the same 
particular matters where such subsequent meetings are scheduled to be 
held within thirty (30) days after the initial meeting. A record of such 
vote, reflecting the vote of each member of the Board, shall be kept and 
made available for the public within one (1) day after the vote is 
taken.
    (c) Whenever any person whose interests may be directly affected by 
deliberations during a meeting, or a portion thereof, requests that the 
Board close that meeting, or portion thereof, to public observation for 
any of the reasons specified in 5 U.S.C. 552b(c)(5) (matters of alleged 
criminal conduct or formal censure), (c)(6) (personal information where 
disclosure would cause a clearly unwarranted invasion of personal 
privacy), or (c)(7) (certain materials or information from investigatory 
files compiled for law enforcement purposes), the Board members 
participating in the meeting, upon request of any one of its members, 
shall vote on whether to close such meeting, or a portion thereof, for 
that reason. A record of such vote, reflecting the vote of each member 
of the Board participating in the meeting, shall be kept and made 
available to the public within one (1) day after the vote is taken.
    (d) After public announcement of a meeting as provided in 
Sec. 1413.6, a meeting, or portion thereof, announced as closed may be 
opened, or a meeting, or portion thereof, announced as open may be 
closed only if a majority of the members of the Board who will 
participate in the meeting determine by a recorded vote that Board 
business so requires and that an earlier announcement of the change was 
not possible. The change made and the vote of each member on the change 
shall be announced publicly at the earliest practicable time.
    (e) Before a meeting may be closed pursuant to Sec. 1413.4, the 
Solicitor of the Authority shall certify that in the Solicitor's opinion 
the meeting may properly be closed to public observation. The 
certification shall set forth each applicable exemptive provision for 
such closing. Such certification shall be retained by the agency and 
made publicly available as soon as practicable.



Sec. 1413.6  Notice of meetings; public announcement and publication.

    (a) A public announcement setting forth the time, place and subject 
matter of meetings, or portions thereof, closed to public observation 
pursuant to the provisions of Sec. 1413.4(a), shall be made at the 
earliest practicable time.
    (b) Except for meetings closed to public observation pursuant to the 
provisions of Sec. 1413.4(a), the agency shall make public announcement 
of each meeting to be held at least seven (7) days before the scheduled 
date of the meeting. The announcement shall specify the time, place and 
subject matter of the meeting, whether it is to be open to public 
observation or closed, and the name, address, and phone number of an 
agency official designated to respond to requests for information about 
the meeting. The seven (7) day

[[Page 545]]

period for advance notice may be shortened only upon a determination by 
a majority of the members of the Board who will participate in the 
meeting that agency business requires that such meeting be called at an 
earlier date, in which event the public announcements shall be made at 
the earliest practicable time. A record of the vote to schedule a 
meeting at an earlier date shall be kept and made available to the 
public.
    (c) Within one (1) day after a vote to close a meeting, or any 
portion thereof, pursuant to the provisions of Sec. 1413.4(b), the 
agency shall make publicly available a full written explanation of its 
action closing the meeting, or portion thereof, together with a list of 
all persons expected to attend the meeting and their affiliation.
    (d) If after public announcement required by paragraph (b) of this 
section has been made, the time and place of the meeting are changed, a 
public announcement shall be made at the earliest practicable time. The 
subject matter of the meeting may be changed after the public 
announcement only if a majority of the members of the Board who will 
participate in the meeting determine that agency business so requires 
and that no earlier announcement of the change was possible. When such a 
change in subject matter is approved, a public announcement of the 
change shall be made at the earliest practicable time. A record of the 
vote to change the subject matter of the meeting shall be kept and made 
available to the public.
    (e) All announcements or changes thereto issued pursuant to the 
provisions of paragraphs (b) and (d) of this section or pursuant to the 
provisions of Sec. 1413.5(d) shall be submitted for publication in the 
Federal Register immediately following their release to the public.
    (f) Announcements of meetings made pursuant to the provisions of 
this section shall be made publicly available by the Executive Director 
of the Authority.



Sec. 1413.7  Transcripts, recordings or minutes of closed meeting; public availability; retention.

    (a) For every meeting, or portion thereof, closed under the 
provisions of Sec. 1413.4, the presiding officer shall prepare a 
statement setting forth the time and place of the meeting and the 
persons present, which statement shall be retained by the agency. For 
each such meeting, or portion thereof, there shall also be maintained a 
complete transcript or electronic recording of the proceedings, except 
that for meetings closed pursuant to Sec. 1413.4(a), the Board may, in 
lieu of a transcript or electronic recording, maintain a set of minutes 
fully and accurately summarizing any action taken, the reasons therefor 
and views thereon, documents considered and the members' vote on each 
roll-call vote.
    (b) The agency shall make promptly available to the public copies of 
transcripts, recordings or minutes maintained as provided in accordance 
with paragraph (a) of this section, except to the extent the items 
therein contain information which the agency determines may be withheld 
pursuant to the provisions of 5 U.S.C. 552b(c). Copies of transcripts or 
minutes, or transcriptions of electronic recordings including the 
indentification of speakers, shall to the extent determined to be 
publicly available, be furnished to any person, subject to the payment 
of duplication costs in accordance with the schedule of fees set forth 
in Sec. 1411.10 of this subchapter and the actual cost of transcription.
    (c) The agency shall maintain a complete verbatim copy of the 
transcript, a complete copy of the minutes, or a complete electronic 
recording of each meeting, or portion of a meeting, closed to the 
public, for a period of at least two (2) years after such meeting or 
until one (1) year after the conclusion of any agency proceeding with 
respect to which the meeting or portion was held whichever occurs later.



PART 1414--EX PARTE COMMUNICATIONS--Table of Contents




Sec.
1414.1  Purpose and scope.

[[Page 546]]

1414.2  Unauthorized communications.
1414.3  Definitions.
1414.4  Duration of prohibition.
1414.5  Communications prohibited.
1414.6  Communications not prohibited.
1414.7  Solicitation of prohibited communications.
1414.8  Reporting of prohibited communications; penalties.
1414.9  Penalties and enforcement.

    Authority: 22 U.S.C. 4107(c).

    Source: 46 FR 45859, Sept. 15, 1981, unless otherwise noted.



Sec. 1414.1  Purpose and scope.

    This part contains the regulations of the Foreign Service Labor 
Relations Board relating to ex parte communications.



Sec. 1414.2  Unauthorized communications.

    (a) No interested person outside this agency shall, in any Board 
proceeding subject to 5 U.S.C. 557(a), make or knowingly cause to be 
made any prohibited ex parte communication to any Board member or 
Authority employee who is or may reasonably be expected to be involved 
in the decisional process of the proceeding.
    (b) No Board member or Authority employee who is or may reasonably 
be expected to be involved in the decisional process of the proceeding 
relevant to the merits of the proceeding shall: (1) Request any 
prohibited ex parte communications; or (2) make or knowingly cause to be 
made any prohibited ex parte communications about the proceeding to any 
interested person outside this agency relevant to the merits of the 
proceeding.



Sec. 1414.3  Definitions.

    When used in this part:
    (a) The term person outside this agency, to whom the prohibitions 
apply, shall include any individual outside the Board or the Authority, 
labor organization, agency, or other entity, or an agent thereof, and 
the General Counsel or his representative when prosecuting an unfair 
labor practice proceeding before the Board pursuant to 22 U.S.C. 4116.
    (b) The term ex parte communication means an oral or written 
communication not on the public record with respect to which reasonable 
prior notice to all parties is not given, subject however, to the 
provisions of Secs. 1414.5 and 1414.6.



Sec. 1414.4  Duration of prohibition.

    Unless otherwise provided by specific order of the Board entered in 
the proceeding, the prohibition of Sec. 1414.2 shall be applicable in 
any Board proceeding subject to 5 U.S.C. 557(a) beginning at the time of 
which the proceeding is noticed for hearing, unless the person 
responsible for the communication has knowledge that it will be noticed, 
in which case the prohibitions shall apply beginning at the time of such 
person's acquisition of such knowledge.



Sec. 1414.5  Communications prohibited.

    Except as provided in Sec. 1414.6, ex parte communications 
prohibited by Sec. 1414.2 shall include:
    (a) Such communications, when written, if copies thereof are not 
contemporaneously served by the communicator on all parties to the 
proceeding in accordance with the provisions of part 1429 of this 
chapter; and
    (b) Such communications, when oral, unless advance notice thereof is 
given by the communicator to all parties in the proceeding and adequate 
opportunity afforded to them to be present.



Sec. 1414.6  Communications not prohibited.

    Ex parte communications prohibited by Sec. 1414.2 shall not include:
    (a) Oral or written communications which relate solely to matters 
which the Hearing Officer, Regional Director, Administrative Law Judge, 
General Counsel or member of the Board is authorized by law or Board 
rules to entertain or dispose of on an ex parte basis;
    (b) Oral or written requests for information solely with respect to 
the status of a proceeding;
    (c) Oral or written communications which all the parties to the 
proceeding agree, or which the responsible official formally rules, may 
be made on an ex parte basis;
    (d) Oral or written communications proposing settlement or an 
agreement for disposition of any or all issues in the proceeding;

[[Page 547]]

    (e) Oral or written communications which concern matters of general 
significance to the field of labor-management relations or 
administrative practice and which are not specifically related to any 
agency proceeding subject to 5 U.S.C. 557(a); or
    (f) Oral or written communications from the General Counsel to the 
Board when the General Counsel is acting on behalf of the Board under 22 
U.S.C. 4109(d).



Sec. 1414.7  Solicitation of prohibited communications.

    No person shall knowingly and willfully solicit the making of an 
unauthorized ex parte communication by any other person.



Sec. 1414.8  Reporting of prohibited communications; penalties.

    Any Board member or Authority employee who is or may reasonably be 
expected to be involved in the decisional process of the proceeding 
relevant to the merits of the proceeding to whom a prohibited oral ex 
parte communication is attempted to be made, shall refuse to listen to 
the communicaton, inform the communicator of this rule, and advise such 
person that if the person has anything to say it should be said in 
writing with copies to all parties. Any such Board member or Authority 
employee who is or may reasonably be expected to be involved in the 
decisional process of the proceeding relevant to the merits of the 
proceeding who receives, or who makes or knowingly causes to be made, an 
unauthorized ex parte communication, shall place or cause to be placed 
on the public record of the proceeding: (a) The communication, if it was 
written; (b) a memorandum stating the substance of the communication, if 
it was oral; (c) all written responses to the prohibited communication; 
and (d) memoranda stating the substance of all oral responses to the 
prohibited communication. The Executive Director of the Authority, if 
the proceeding is then pending before the Board, the Administrative Law 
Judge, if the proceeding is then pending before any such judge, or the 
Regional Director, if the proceeding is then pending before a Hearing 
Officer or the Regional Director, shall serve copies of all such 
materials placed on the public record of the proceeding on all other 
parties to the proceeding and on the attorneys of record for the 
parties. Within ten (10) days after the mailing of such copies, any 
party may file with the Executive Director of the Authority, 
Administrative Law Judge, or Regional Director serving the 
communication, as appropriate, and serve on all other parties, a 
statement setting forth facts or contentions to rebut those contained in 
the prohibited communication. All such responses shall be placed in the 
public record of the proceeding, and provision may be made for any 
further action, including reopening of the record, which may be required 
under the circumstances. No action taken pursuant to this provision 
shall constitute a waiver of the power of the Board to impose an 
appropriate penalty under Sec. 1414.9



Sec. 1414.9  Penalties and enforcement.

    (a) Where the nature and circumstances of a prohibited communication 
made by or caused to be made by a party to the proceeding are such that 
the interests of justice and statutory policy may require remedial 
action, the Board, Administrative Law Judge, or Regional Director, as 
appropriate, may issue to the party making the communication a notice to 
show cause, returnable before the Board, Administrative Law Judge, or 
Regional Director, within a stated period not less than seven (7) days 
from the date thereof, why the Board, Administrative Law Judge, or 
Regional Director should not determine that the interests of justice and 
statutory policy require that the claim or interest in the proceeding of 
a party who knowingly makes a prohibited communication or knowingly 
causes a phohibited communication to be made, should be dismissed, 
denied, disregarded or otherwise adversely affected on account of such 
violation.
    (b) Upon notice and hearing, the Board may censure, suspend or 
revoke the privilege of practice before the agency of any person who 
knowingly and willfully makes or solicits the making of a prohibited ex 
parte communication. However, before the Board

[[Page 548]]

institutes formal proceedings under this section, it shall first advise 
the person or persons concerned in writing that it proposes to take such 
action and that they may show cause, within a period to be stated in 
such written advice, but not less than seven (7) days from the date 
thereof, why it should not take such action.
    (c) The Board may censure, or, to the extent permitted by law, 
suspend, dismiss, or institute proceedings for the dismissal of, any 
Board agent who knowingly and willfully violates the prohibitions and 
requirements of this rule.

[[Page 549]]



SUBCHAPTER C--FOREIGN SERVICE LABOR RELATIONS BOARD AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY





PART 1420--PURPOSE AND SCOPE--Table of Contents






Sec. 1420.1  Purpose and scope.

    The regulations contained in this subchapter are designed to 
implement the provisions of the Foreign Service Labor-Management 
Relations Statute. They prescribe the procedures and basic principles or 
criteria under which the Foreign Service Labor Relations Board or the 
General Counsel of the Federal Labor Relations Authority, as applicable, 
will:
    (a) Supervise or conduct elections and determine whether a labor 
organization has been selected as an exclusive representative by a 
majority of the employees who cast valid ballots and otherwise 
administer the provisions of the Statute relating to the according of 
exclusive recognition to a labor organization;
    (b) Resolve complaints of alleged unfair labor practices;
    (c) Resolve issues relating to the obligation to bargain in good 
faith;
    (d) Resolve disputes concerning the effects, the interpretation, or 
a claim of breach of collective bargaining agreement, in accord with 22 
U.S.C. 4114; and
    (e) Take any action considered necessary to administer effectively 
the provisions of the Foreign Service Labor-Management Relations 
Statute.

(22 U.S.C. 4107(c))

[46 FR 45861, Sept. 15, 1981]



PART 1421--MEANING OF TERMS AS USED IN THIS SUBCHAPTER--Table of Contents




Sec.
1421.1  Foreign Service Labor-Management Relations Statute.
1421.2  Terms defined in section 1002 of the Foreign Service Act of 1980 
          (22 U.S.C. 4102).
1421.3  Exclusive recognition; unfair labor practices.
1421.4  Department.
1421.5  Regional Director.
1421.6  Executive Director.
1421.7  Hearing Officer.
1421.8  Administrative law judge.
1421.9  Chief Administrative Law Judge.
1421.10  Secretary.
1421.11  Party.
1421.12  Intervenor.
1421.13  Certification.
1421.14  Bargaining unit.
1421.15  Secret ballot.
1421.16  Showing of interest.
1421.17  Grievance board.
1421.18  Regular and substantially equivalent employment.

    Authority: 22 U.S.C. 4107(c).

    Source: 46 FR 45861, Sept. 15, 1981, unless otherwise noted.



Sec. 1421.1  Foreign Service Labor-Management Relations Statute.

    The term Foreign Service Labor-Management Relations Statute means 
chapter 10 of title 1 of the Foreign Service Act of 1980, codified as 
chapter 41 of title 22 of United States Code.



Sec. 1421.2  Terms defined in section 1002 of the Foreign Service Act of 1980 (22 U.S.C. 4102).

    (a) The terms Authority, Board, collective bargaining, collective 
bargaining agreement conditions of employment, confidential employee, 
dues, exclusive representative, General Counsel, labor organization, 
management official, Panel, and person, as used herein shall have the 
meaning set forth in 22 U.S.C. 4102.
    (b) The term Assistant Secretary means the Assistant Secretary of 
Labor for Labor-Management Relations.



Sec. 1421.3  Exclusive recognition; Unfair labor practices.

    (a) Exclusive Recognition has the meaning as set forth in 22 U.S.C. 
4111; and
    (b) Unfair labor practices has the meaning as set forth in 22 U.S.C. 
4115.



Sec. 1421.4  Department.

    Department means the Department of State, except that with reference 
to the exercise of functions under this Act

[[Page 550]]

with respect to another agency authorized by law to utilize the Foreign 
Service personnel system, such term means that other agency.



Sec. 1421.5  Regional Director.

    Regional Director means the Director of a region of the Authority 
with geographical boundaries as fixed by the Authority.



Sec. 1421.6  Executive Director.

    Executive Director means the Executive Director of the Authority.



Sec. 1421.7  Hearing Officer.

    Hearing Officer means the individual designated to conduct a hearing 
involving a question concerning the appropriateness of a unit or such 
other matters as may be assigned.



Sec. 1421.8  Administrative law judge.

    Administrative law judge means the Chief Administrative Law Judge or 
any administrative law judge designated by the Chief Administrative Law 
Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other 
matters as may be assigned.



Sec. 1421.9  Chief Administrative Law Judge.

    Chief Administrative Law Judge means the Chief Administrative Law 
Judge of the Authority.



Sec. 1421.10  Secretary.

    Secretary means the Secretary of State, except that (subject to 22 
U.S.C. 3921) with reference to the exercise of functions under the 
Foreign Service Act of 1980 with respect to any agency authorized by law 
to utilize the Foreign Service personnel system, such term means the 
head of that agency.



Sec. 1421.11  Party.

    Party means (a) any person: (1) Filing a charge, petition, or 
request; (2) named in a charge, complaint, petition, or request; (3) 
whose intervention in a proceeding has been permitted or directed by the 
Board; (4) who participated as a party (i) in a matter that was decided 
by an agency head under 22 U.S.C. 4105 or (ii) in a matter where action 
by the Grievance Board was taken; and (b) the General Counsel, or the 
General Counsel's designated representative, in appropriate proceedings.



Sec. 1421.12  Intervenor.

    Intervenor means a party in a proceeding whose intervention has been 
permitted or directed by the Authority, its agents or representatives.



Sec. 1421.13  Certification.

    Certification means the determination by the Board, its agents or 
representatives, of the results of an election.



Sec. 1421.14  Bargaining unit.

    Bargaining unit has the meaning as set forth in 22 U.S.C. 4112 for 
the purpose of exclusive recognition under 22 U.S.C. 4111, and for 
purposes of allotments to representatives under 22 U.S.C. 4118.



Sec. 1421.15  Secret ballot.

    Secret ballot means the expression by ballot, voting machine or 
otherwise, but in no event by proxy, of a choice with respect to any 
election or vote taken upon any matter, which is cast in such a manner 
that the person expressing such choice cannot be identified with the 
choice expressed, except in that instance in which any determinative 
challenged ballot is opened.



Sec. 1421.16  Showing of interest.

    Showing of interest means evidence of membership in a labor 
organization; employees' signed and dated authorization cards or 
petitions authorizing a labor organization to represent them for 
purposes of exclusive recognition; allotment of dues forms executed by 
an employee and the labor organization's authorized official; current 
dues records; and existing or recently expired agreement; current 
exclusive recognition or certification; employees' signed and dated 
petitions or cards indicating that they no longer desire to be 
represented for the purposes of exclusive recognition by the currently 
recognized or certified labor organization; or other evidence approved 
by the Authority.

[[Page 551]]



Sec. 1421.17  Grievance Board.

    Grievance Board means the Foreign Service Grievance Board 
established under 22 U.S.C. 4135.



Sec. 1421.18  Regular and substantially equivalent employment.

    Regular and substantially equivalent employment means employment 
that entails substantially the same amount of work, rate of pay, hours, 
working conditions, location of work, and seniority rights if any, of an 
employee prior to the cessation of employment in a Department because of 
any unfair labor practice under 22 U.S.C. 4115.



PART 1422--REPRESENTATION PROCEEDINGS--Table of Contents




Sec.
1422.1  Who may file petitions.
1422.2  Contents of petition; filing and service of petition; challenges 
          to petition.
1422.3  Timeliness of petition.
1422.4  Investigation of petition and posting of notice of petition; 
          action by Regional Director.
1422.5  Intervention.
1422.6  Withdrawal, dismissal or deferral of petitions; consolidation of 
          cases; denial of intervention; review of action by Regional 
          Director.
1422.7  Agreement for consent election.
1422.8  Notice of hearing; contents; attachments; procedures.
1422.9  Conduct of hearing.
1422.10  Motions.
1422.11  Rights of the parties.
1422.12  Duties and powers of the Hearing Officer.
1422.13  Objections to conduct of hearing.
1422.14  Filing of briefs.
1422.15  Transfer of case to the Board; contents of record.
1422.16  Decision.
1422.17  Election procedure; request for authorized representation 
          election observers.
1422.18  Challenged ballots.
1422.19  Tally of ballots.
1422.20  Certification; objections to election; determination on 
          objections and challenged ballots.
1422.21  Preferential voting.
1422.22  Inconclusive elections.

    Authority: 22 U.S.C. 4107.

    Source: 46 FR 45862, Sept. 15, 1981, unless otherwise noted.



Sec. 1422.1  Who may file petitions.

    (a) A petition for exclusive recognition may be filed by a labor 
organization requesting an election to determine whether it should be 
recognized as the exclusive representative of employees of the 
Department in the unit described in 22 U.S.C. 4112 or should replace 
another labor organization as the exclusive representative of employees 
in such unit.
    (b) A petition for any election to determine if a labor organization 
should cease to be the exclusive representative because it does not 
represent a majority of employees in the unit described in 22 U.S.C. 
4112 may be filed by an employee or employees or an individual acting on 
behalf of any employee(s).
    (c) A petition seeking to clarify a matter relating to 
representation may be filed by the Department where the Department has a 
good faith doubt, based on objective considerations, that the currently 
recognized or certified labor organization represents a majority of the 
employees in the unit described in 22 U.S.C. 4112.
    (d) A petition for clarification of the unit described in 22 U.S.C. 
4112 or for amendment of recognition or certification may be filed by 
the Department or by a labor organization which is currently recognized 
by the Department as the exclusive representative.
    (e) A petition for determination of eligibility for dues allotment 
may be filed by a labor organization in accordance with 22 U.S.C. 
4118(c).



Sec. 1422.2  Contents of petition; filing and service of petition; challenges to petition.

    (a) Petition for exclusive recognition. A petition by a labor 
organization for exclusive recognition shall be submitted on a form 
prescribed by the Board and shall contain the following:
    (1) The name of the Department, its address, telephone number, and 
the persons to contact and their titles, if known;
    (2) A description of the unit described in 22 U.S.C. 4112. Such 
description shall indicate the classifications of employees sought to be 
included and those sought to be excluded and the approximate number of 
employees in the unit;

[[Page 552]]

    (3) Name, address, and telephone number of the recognized or 
certified representative, if any, and the date of such recognition or 
certification and the expiration date of any applicable agreement, if 
known to the peititioner;
    (4) Names, addresses, and telephone numbers of any other interested 
labor organizations, if known to the petitioner;
    (5) Name and affiliation, if any, of the petitioner and its address 
and telephone number;
    (6) A statement that the petitioner has submitted to the Department 
and to the Assistant Secretary a roster of its officers and 
representatives, a copy of its constitution and bylaws, and a statement 
of its objectives;
    (7) A declaration by such person signing the petition, under the 
penalties of the Criminal Code (18 U.S.C. 1001), that its contents are 
true and correct to the best of such person's knowledge and belief;
    (8) The signature of the petitioner's representative, including such 
person's title and telephone number; and
    (9) The petition shall be accompanied by a showing of interest of 
not less than thirty percent (30%) of the employees in the unit 
described in 22 U.S.C. 4112 and an alphabetical list of names 
constituting such showing.
    (b) Department petition seeking clarification of a matter relating 
to representation; employee petition for an election to determine 
whether a labor organization should cease to be an exclusive 
representative. (1) A petition by the Department shall be submitted on a 
form prescribed by the Board and shall contain the information set forth 
in paragraph (a) of this section, except paragraphs (a) (6), and (9), 
and a statement that the Department has a good faith doubt, based on 
objective considerations, that the currently recognized or certified 
labor organization represents a majority of the employees in the unit 
described in 22 U.S.C. 4112. Attached to the petition shall be a 
detailed explanation of the reasons supporting the good faith doubt.
    (2) A petition by any employee or employees or an individual acting 
on behalf of any employee(s) shall contain the information set forth in 
paragraph (a) of this section, except paragraphs (a) (6) and (9), and it 
shall be accompanied by a showing of interest of not less than thirty 
percent (30%) of the employees in the unit indicating that the employees 
no longer desire to be represented for the purposes of exclusive 
recognition by the currently recognized or certified labor organization 
and an alphabetical list of names constituting such showing.
    (c) Petition for clarification of unit or for amendment of 
recognition or certification. A petition for clarification of unit or 
for amendment of recognition or certification shall be submitted on a 
form prescribed by the Board and shall contain the information required 
by paragraph (a) of this section, except paragraphs (a) (2), (6) and 
(9), and shall set forth:
    (1) A description of the unit and the date of recognition or 
certification;
    (2) The proposed clarification or amendment of the recognition or 
certification; and
    (3) A statement of reasons why the proposed clarification or 
amendment is requested.
    (d) Petition for determination of eligibility for dues allotment. A 
petition for determination of eligibility for dues allotment in the unit 
may be filed if there is no exclusive representative. The petition shall 
be submitted on a form prescribed by the Board and shall contain the 
information required in paragraphs (a) (1), (4), (5), (6), (7), and (8) 
of this section, and shall set forth:
    (1) A description of the unit described in 22 U.S.C. 4112. Such 
description shall indicate the classifications of employees sought to be 
included and those sought to be excluded and the approximate number of 
employees in the unit; and
    (2) The petition shall be accompanied by a showing of membership in 
the petitioner of not less than ten percent (10%) of the employees in 
the unit and an alphabetical list of names constituting such showing.
    (e) Filing and service of petition and copies. (1) A petition for 
exclusive recognition, for an election to determine if a labor 
organization should cease to be the exclusive representative, for 
clarification of unit, for amendment of

[[Page 553]]

recognition or certification, or for determination of eligibility for 
dues allotment, filed pursuant to paragraphs (a), (b), (c), or (d) of 
this section respectively, shall be filed with the Regional Director for 
the region in which the unit exists, or, if the claimed unit exists in 
two or more regions, the petition shall be filed with the Regional 
Director for the region in which the affected employees are located.
    (2) An original and four (4) copies of a petition shall be filed, 
together with a statement of any other relevant facts and of all 
correspondence relating to the question concerning representation.
    (3) Copies of the petition together with any attachments shall be 
served by the petitioner on all known interested parties, and a written 
statement of such service shall be filed with the Regional Director: 
Provided, however, That the showing of interest or the showing of 
membership submitted with a petition filed pursuant to paragraphs (a), 
(b)(2), (d), or (h) of this section shall not furnished to any other 
person.
    (f) Adequacy and validity of showing of interest or showing of 
membership. (1) The Regional Director shall determine the adequacy of 
the showing of interest or the showing of membership administratively, 
and such determination shall not be subject to collateral attack at a 
unit or representation hearing. If the petition is dismissed or the 
intervention sought pursuant to Sec. 1422.5 is denied, a request for 
review of such dismissal or denial may be filed with the Board in 
accordance with the procedures set forth in Sec. 1422.6(d).
    (2) Any party challenging the validity of any showing of interest or 
showing of membership of a petitioner, or a cross-petitioner filing 
pursuant to Sec. 1422.5(b), or of a labor organization seeking to 
intervene pursuant to Sec. 1422.5, must file its challenge with the 
Regional Director, with respect to the petitioner or a cross-petitioner, 
within twenty (20) days after the initial date of posting of the notice 
of petition as provided in Sec. 1422.4(a), and with respect to any labor 
organization seeking to intervene, within twenty (20) days of service of 
a copy of the request for intervention on the challenging party. The 
challenge shall be supported with evidence including signed statements 
of employees and any other written evidence. The Regional Director shall 
investigate the challenge and thereafter shall take such action as the 
Regional Director deems appropriate which shall be final and not subject 
to review by the Board, unless the petition is dismissed or the 
intervention is denied on the basis of the challenge. Such request for 
review shall be filed with the Board in accordance with the procedures 
set forth in Sec. 1422.6(d).
    (g) Challenge to status of a labor organization. Any party 
challenging the status of a labor organization under chapter 41 of title 
22 of the United States Code must file its challenge with the Regional 
Director and support the challenge with evidence. With respect to the 
petitioner or a cross-petitioner filing pursuant to Sec. 1422.5(b), such 
a challenge must be filed within twenty (20) days after the initial date 
of posting of the notice of petition as provided in Sec. 1422.4(a), and 
with respect to a labor organization seeking to intervene pursuant to 
Sec. 1422.5, within twenty (20) days after service of a copy of the 
request for intervention on the challenging party. The Regional Director 
shall investigate the challenge and thereafter shall take such action as 
the Regional Director deems appropriate, which shall be subject to 
review by the Board. Such request for review shall be filed with the 
Board in accordance with the procedures set forth in Sec. 1422.6(d).



Sec. 1422.3  Timeliness of petition.

    (a) When there is no certified exclusive representative of the 
employees, a petition will be considered timely filed provided a valid 
election has not been held within the preceding twelve (12) month period 
in the unit described in 22 U.S.C. 4112.
    (b) When there is a certified exclusive representative of the 
employees, a petition will not be considered timely if filed within 
twenty-four (24) months after the certification as the exclusive 
representative of employees in unit described in 22 U.S.C. 4112, unless 
a signed and dated collective bargaining agreement covering the unit has 
been entered into in which case paragraphs

[[Page 554]]

(c) and (d) of this section shall be applicable.
    (c) When a collective bargaining agreement covering the unit 
described in 22 U.S.C. 4112 has been signed and dated by the Department 
and the incumbent exclusive representative, a petition for exclusive 
recognition or other election petition will not be considered timely if 
filed during the period of review by the Secretary as set forth in 22 
U.S.C. 4113(f), absent unusual circumstances.
    (d) A petition for exclusive recognition or other election petition 
will be considered timely when filed as follows:
    (1) Not more than one hundred and five (105) days and not less than 
(60) days prior to the expiration date of a collective bargaining 
agreement having a term of three (3) years or less from the date it 
became effective.
    (2) Not more than one hundred and five (105) days and not less than 
sixty (60) days prior to the expiration of the initial three (3) year 
period of a collective bargaining agreement having a term of more than 
three (3) years from the date it became effective, and any time after 
the expiration of the initial three (3) year period of such a collective 
bargaining agreement; and
    (3) Any time when unusual circumstances exist which substantially 
affect the unit or the majority representation.
    (e) When a collective bargaining agreement having a term of three 
(3) years or less is in effect between the Department and the incumbent 
exclusive representative, and a petition has been filed challenging the 
representation status of the incumbent exclusive representative and the 
petition is subsequently withdrawn or dismissed less than sixty (60) 
days prior to the expiration date of that collective bargaining 
agreement, or any time thereafter, the Department and incumbent 
exclusive representative shall be afforded a ninety (90) day period from 
the date the withdrawal is approved or the petition is dismissed free 
from rival claim within which to consummate a collective bargaining 
agreement: Provided, however, That the provisions of this paragraph 
shall not be applicable when any other petition is pending which has 
been filed pursuant to paragraph (d)(1) of this section.
    (f) When an extension of a collective bargaining agreement having a 
term of three (3) years or less has been signed more than sixty (60) 
days before its expiration date, such extension shall not serve as a 
basis for the denial of a petition submitted in accordance with the time 
limitations provided herein.
    (g) Collective bargaining agreements which go into effect 
automatically pursuant to 22 U.S.C. 4113(f) and which do not contain the 
date on which the agreement became effective shall not constitute a bar 
to an election petition.
    (h) A petitioner who withdraws a petition after the issuance of a 
notice of hearing or after the approval of an agreement for an election, 
shall be barred from filing another petition for the unit described in 
22 U.S.C. 4112 for six (6) months, unless a withdrawal request has been 
received by the Regional Director not later than three (3) days before 
the date of the hearing.
    (i) The time limits set forth in this section shall not apply to a 
petition for clarification of unit or for amendment of recognition or 
certification, or to a petition for dues allotment.



Sec. 1422.4  Investigation of petition and posting of notice of petition; action by Regional Director.

    (a) Upon the request of the Regional Director, after the filing of a 
petition, the Department shall post copies of a notice to all employees 
in places where notices are normally posted affecting the employees in 
the unit described in 22 U.S.C. 4112.
    (b) Such notice shall set forth:
    (1) The name of the petitioner;
    (2) The description of the unit;
    (3) If appropriate, the proposed clarification of unit or the 
proposed amendment of recognition or certification; and
    (4) A statement that all interested parties are to advise the 
Regional Director in writing of their interest and position within 
twenty (20) days after the date of posting of such notice: Provided, 
however, That the notice in a petition for determination of eligibility

[[Page 555]]

for dues allotment shall contain the information required in paragraphs 
(a) (1), (2), and (4) of this section.
    (c) The notice shall remain posted for a period of twenty (20) days. 
The notice shall be posted conspicuously and shall not be covered by 
other material, altered or defaced.
    (d) The Department shall furnish the Regional Director and all known 
interested parties with the following:
    (1) Names, addresses and telephone numbers of all labor 
organizations known to represent any of the employees in the unit 
described in 22 U.S.C. 4112;
    (2) A copy of all relevant correspondence;
    (3) A copy of existing or recently expired agreement(s) covering any 
of the employees described in the petition;
    (4) A current alphabetized list of employees included in the unit, 
together with their job classifications; and
    (5) A current alphabetized list of employees described in the 
petition as excluded from the unit, together with their job 
classifications.
    (e) The parties are expected to meet as soon as possible after the 
expiration of the twenty (20) day posting period of the notice of 
petition as provided in paragraph (a) of this section and use their best 
efforts to secure agreement on the unit.
    (f) The Regional Director shall make such investigation as the 
Regional Director deems necessary and thereafter shall take action which 
may consist of the following, as appropriate:
    (1) Approve an agreement for consent election in the unit as 
provided under Sec. 1422.7;
    (2) Approve a withdrawal request;
    (3) Dismiss the petition; or
    (4) Issue a notice of hearing.
    (g) In processing a petition for clarification of unit or for 
amendment of recognition or certification, or dues allotment, where 
appropriate, the Regional Director shall prepare and serve a report and 
findings upon all parties to the proceedings and shall state therein, 
among other pertinent matters, the Regional Director's conclusions and 
the action contemplated. A party may file with the Board a request for 
review of such action of the Regional Director in accordance with the 
procedures set forth in Sec. 1422.6(d). If no request for review is 
filed, or if one is filed and denied, the Regional Director shall take 
such action as may be appropriate, which may include issuing a 
clarification of unit or an amendment of recognition or certification, 
or determination of eligibility for dues allotment.
    (h) A determination by the Regional Director to issue a notice of 
hearing shall not be subject to review by the Board.



Sec. 1422.5  Intervention.

    (a) No labor organization will be permitted to intervene in any 
proceeding involving a petition filed pursuant to Sec. 1422.2 (a) or (b) 
unless it has submitted to the Regional Director a showing of interest 
of ten percent (10%) or more of the employees in the unit described in 
22 U.S.C. 4112 together with an alphabetical list of names constituting 
such showing, or has submitted a current or recently expired agreement 
with the Department covering any of the employees involved, or has 
submitted evidence that it is currently recognized or certified 
exclusive representative of any of the employees involved: Provided, 
however, That an incumbent exclusive representative shall be deemed to 
be an intervenor in the proceeding unless it serves on the Regional 
Director a written disclaimer of any representation interest for the 
employees involved: Provided, further, That any such incumbent exclusive 
representative that declines to sign an agreement for consent election 
because of a disagreement on the matters contained in Sec. 1422.7(c) as 
decided by the Regional Director, or fails to appear at a hearing held 
pursuant to Sec. 1422.9, shall be denied its status as an intervenor.
    (b) No labor organization may participate to any extent in any 
representation proceeding unless it has notified the Regional Director 
in writing, accompanied by its showing of interest as specified in 
paragraph (a) of this section, of its desire to intervene within twenty 
(20) days after the initial date of posting of the notice of petition as 
provided in Sec. 1422.4(a), unless good

[[Page 556]]

cause is shown for extending the period. A copy of the request for 
intervention filed with the Regional Director, excluding the showing of 
interest, shall be served on all known interested parties, and a written 
statement of such service should be filed with the Regional Director: 
Provided, however, That an incumbent exclusive representative shall be 
deemed to be an intervenor in the proceeding in accordance with 
paragraph (a) of this section.
    (c) Any labor organization seeking to intervene in a proceeding 
involving a petition for determination of eligibility for dues allotment 
filed pursuant to Sec. 1422.2(d) may intervene solely on the basis it 
claims to be the exclusive representative of some or all the employees 
specified in the petition and shall submit to the Regional Director a 
current or recently expired agreement with the Department covering any 
of the employees involved, or evidence that it is the currently 
recognized or certified exclusive representative of any of the employees 
involved.
    (d) Any labor organization seeking to intervene must submit to the 
Regional Director a statement that it has submitted to the Department 
and to the Assistant Secretary a roster of its officers and 
representatives, a copy of its constitution and bylaws, and a statement 
of its objectives.
    (e) The Regional Director may grant intervention to a labor 
organization in a proceeding involving a petition for clarification of 
unit or a petition for amendment of recognition or certification filed 
pursuant to Sec. 1422.2(c), or a petition for determination of 
eligibility for dues allotment filed pursuant to Sec. 1422.2(d), based 
on a showing that the proposed clarification, amendment or dues 
allotment affects that labor organizations's existing exclusively 
recognized unit(s) in that it would cover one or more employees who are 
included in such unit(s).



Sec. 1422.6  Withdrawal, dismissal or deferral of petitions; consolidation of cases; denial of intervention; review of action by Regional Director.

    (a) If the Regional Director determines, after such investigation as 
the Regional Director deems necessary, that the petition has not been 
timely filed, the unit is not as described in 22 U.S.C. 4114, the 
petitioner has not made a sufficient showing of interest, the petition 
is not otherwise actionable, or an intervention is not appropriate, the 
Regional Director may request the petitioner or intervenor to withdraw 
the petition or the request for intervention. In the absence of such 
withdrawal within a reasonable period of time, the Regional Director may 
dismiss the petition or deny the request for intervention.
    (b) If the Regional Director determines, after investigation, that a 
valid issue has been raised by a challenge under Sec. 1422.2 (f) or (g), 
the Regional Director may take action which may consist of the 
following, as appropriate:
    (1) Request the petitioner or intervenor to withdraw the petition or 
the request for intervention;
    (2) Dismiss the petition and/or deny the request for intervention if 
a withdrawal request is not submitted within a reasonable period of 
time;
    (3) Defer action on the petition or request for intervention until 
such time as issues raised by the challenges have been resolved pursuant 
to this part; or
    (4) Consolidate such issues with the representation matter for 
resolution of all issues.
    (c) If the Regional Director dismisses the petition and/or denies 
the request for intervention, the Regional Director shall serve on the 
petitioner or the party requesting intervention a written statement of 
the grounds for the dismissal or the denial, and serve a copy of such 
statement on the Department, and on the petitioner and any intervenors, 
as appropriate.
    (d) The petitioner or party requesting intervention may obtain a 
review of such dismissal and/or denial by filing a request for review 
with the Board within twenty-five (25) days after service of the notice 
of such action. Copies of the request for review shall be served on the 
Regional Director and the other parties, and a statement of service 
shall be filed with the request for review. Requests for extensions of 
time shall be in writing and received by the Board not later than five 
(5) days before the date the request for review is due. The request for 
review shall contain a complete statement setting

[[Page 557]]

forth facts and reasons upon which the request is based. Any party may 
file an opposition to a request for review with the Board within ten 
(10) days after service of the request for review. Copies of the 
opposition to the request for review shall be served on the Regional 
Director and the other parties, and a statement of service shall be 
filed with the opposition to the request for review. The Board may issue 
a decision or ruling affirming or reversing the Regional Director in 
whole or in part or making any other disposition of the matter as it 
deems appropriate.



Sec. 1422.7  Agreement for consent election.

    (a) All parties desiring to participate in an election being 
conducted pursuant to this section or Sec. 1422.16, including 
intervenors who have met the requirements of Sec. 1422.5, must sign an 
agreement providing for such an election on a form prescribed by the 
Board. An original and one (1) copy of the agreement shall be filed with 
the Regional Director.
    (b) The Department, a petitioner, and any intervenors who have 
complied with the requirements set forth in Sec. 1422.5 may agree that a 
secret ballot election shall be conducted among the employees in the 
unit to determine whether the employees desire to be represented for 
purposes of exclusive recognition by any or none of the labor 
organizations involved.
    (c) The parties shall agree on the eligibility period for 
participation in the election, the date(s), hour(s), and place(s) of the 
election, the designations on the ballot and other related election 
procedures.
    (d) In the event that the parties cannot agree on the matters 
contained in paragraph (c) of this section, the Regional Director, 
acting on behalf of the Board, shall decide these matters without 
prejudice to the right of a party to file objections to the procedural 
conduct of the election under Sec. 1422.20(b).
    (e) If the Regional Director approves the agreement, the election 
shall be conducted by the Department, as appropriate, under the 
supervision of the Regional Director, in accordance with Sec. 1422.17.
    (f) Any qualified intervenor who refuses to sign an agreement for an 
election may express its objections to the agreement in writing to the 
Regional Director. The Regional Director, after careful consideration of 
such objections, may approve the agreement or take such other action as 
the Regional Director deems appropriate.



Sec. 1422.8  Notice of hearing; contents; attachments; procedures.

    (a) The Regional Director may cause a notice of hearing to be issued 
involving any matters related to the petition.
    (b) The notice of hearing shall be served on all interested parties 
and shall include:
    (1) The name of the Department, petitioner, and intervenors, if any;
    (2) A statement of the time and place of the hearing, which shall be 
not less than twenty (20) days after service of the notice of hearing, 
except in extraordinary circumstances;
    (3) A statement of the nature of the hearing; and
    (4) A statement of the authority and jurisdiction under which the 
hearing is to be held.
    (c) A copy of the petition shall be attached to the notice of 
hearing.
    (d) Hearings on matters related to the petition pursuant to 
paragraph (a) of this section shall be conducted by a Hearing Officer in 
accordance with Secs. 1422.9 through 1422.15.



Sec. 1422.9  Conduct of hearing.

    (a) Hearings shall be conducted by a Hearing Officer and shall be 
open to the public unless otherwise ordered by the Hearing Officer. At 
any time another Hearing Officer may be substituted for the Hearing 
Officer previously presiding. It shall be the duty of the Hearing 
Officer to inquire fully into all matters in issue and the Hearing 
Officer shall obtain a full and complete record upon which the Board can 
make an appropriate decision. An official reporter shall make the only 
official transcript of such proceedings. Copies of the official 
transcript may be examined in the appropriate regional office during 
normal working hours. Requests by parties for copies of transcripts 
should be made to the official hearing reporter.

[[Page 558]]

    (b) Hearings under this section are considered investigatory and not 
adversary. Their purpose is to develop a full and complete factual 
record. The rules of relevancy and materiality are paramount; there are 
no burdens of proof and the technical rules of evidence do not apply.



Sec. 1422.10  Motions.

    (a) General. (1) A motion shall state briefly the order or relief 
sought and the grounds for the motion: Provided, however, That a motion 
to intervene will not be entertained by the Hearing Officer. 
Intervention will be permitted only to those who have met the 
requirements of Sec. 1422.5.
    (2) A motion prior to, and after a hearing and any response thereto, 
shall be made in writing. A response shall be filed within five (5) days 
after service of the motion. An original and two (2) copies of such 
motion and any response thereto shall be filed and copies shall be 
served on the parties and the Regional Director. A statement of such 
service shall be filed with the original.
    (3) During a hearing a motion may be made and responded to orally on 
the record.
    (4) The right to make motions, or to make objections to rulings on 
motions, shall not be deemed waived by participation in the proceeding.
    (5) All motions, rulings, and orders shall become part of the 
record.
    (b) Filing of motions. (1) Motions and responses thereto prior to a 
hearing shall be filed with the Regional Director. During the hearing 
motions shall be made to the Hearing Officer.
    (2) After the transfer of the case to the Board, except as otherwise 
provided, motions and responses thereto shall be filed with the Board: 
Provided, That following the close of a hearing, motions to correct the 
transcript should be filed with the Hearing Officer within ten (10) days 
after the transcript is received in the regional office.
    (c) Rulings on motions. (1) Regional Directors may rule on all 
motions filed with them, or they may refer them to the Hearing Officer. 
A ruling by a Regional Director granting a motion to dismiss a petition 
may be reviewed by the Board upon the filing by the petitioner of a 
request for review pursuant to Sec. 1422.6(d).
    (2) Hearing Officers shall rule, either orally on the record or in 
writing, on all motions made at the hearing or referred to them, except 
that a motion to dismiss a petition shall be referred for appropriate 
action at such time as the record is considered by the Regional Director 
or the Board. Rulings by a Hearing Officer reduced to writing shall be 
served on the parties.
    (3) The Board shall consider the rulings by the Regional Director 
and the Hearing Officer when the case is transferred to it for decision.



Sec. 1422.11  Rights of the parties.

    (a) A party shall have the right to appear at any hearing in person, 
by counsel, or by other representative, and to examine and cross-examine 
witnesses, and to introduce into the record documentary or other 
relevant evidence. Two (2) copies of documentary evidence shall be 
submitted and a copy furnished to each of the other parties. 
Stipulations of fact may be introduced in evidence with respect to any 
issue.
    (b) A party shall be entitled, upon request, to a reasonable period 
at the close of the hearing for oral argument, which shall be included 
in the stenographic report of the hearing. Such oral argument shall not 
preclude a party from filing a brief under Sec. 1422.14.



Sec. 1422.12  Duties and powers of the Hearing Officer.

    It shall be the duty of Hearing Officers to inquire fully into the 
facts as they relate to the matters before them. With respect to cases 
assigned to them between the time they are designated and the transfer 
of the case to the Board, Hearing Officers shall have the authority to:
    (a) Grant requests for subpenas pursuant to Sec. 1429.7 of this 
subchapter;
    (b) Rule upon offers of proof and receive relevant evidence and 
stipulations of fact;
    (c) Take or cause depositions or interrogatories to be taken 
whenever the ends of justice would be served thereby;
    (d) Limit lines of questioning or testimony which are immaterial, 
irrelevant or unduly repetitious;

[[Page 559]]

    (e) Regulate the course of the hearing and, if appropriate, exclude 
from the hearing persons who engage in misconduct;
    (f) Strike all related testimony of witnesses refusing to answer any 
questions ruled to be proper;
    (g) Hold conferences for the settlement or simplification of the 
issues by consent of the parties or upon the Hearing Officer's own 
motion;
    (h) Dispose of procedural requests, motions, or similar matters, 
which shall be made part of the record of the proceedings, including 
motions referred to the Hearing Officer by the Regional Director and 
motions to amend petitions;
    (i) Call and examine and cross-examine witnesses and introduce into 
the record documentary or other evidence;
    (j) Request the parties at any time during the hearing to state 
their respective positions concerning any issue in the case or theory in 
support thereof;
    (k) Continue the hearing from day-to-day, or adjourn it to a later 
date or to a different place, by announcement thereof at the hearing or 
by other appropriate notice;
    (l) Rule on motions to correct the transcript which are received 
within ten (10) days after the transcript is received in the regional 
office; and
    (m) Take any other action necessary under this section and not 
prohibited by the regulations in this subchapter.



Sec. 1422.13  Objections to conduct of hearing.

    Any objection to the introduction of evidence may be stated orally 
or in writing and shall be accompanied by a short statement of the 
grounds of such objection, and be included in the record. No such 
objection shall be deemed waived by further participation in the 
hearing. Automatic exceptions will be allowed to all adverse rulings.



Sec. 1422.14  Filing of briefs.

    A party desiring to file a brief with the Board shall file the 
original and three (3) copies within thirty (30) days from the close of 
the hearing. Copies thereof shall be served on all other parties to the 
proceeding. Requests for additional time in which to file a brief under 
authority of this section shall be made to the Regional Director, in 
writing, and copies thereof shall be served on the other parties and a 
statement of such service shall be filed with the Regional Director. 
Requests for extension of time shall be in writing and received not 
later than five (5) days before the date such briefs are due. No reply 
brief may be filed in any proceeding except by special permission of the 
Board.



Sec. 1422.15  Transfer of case to the Board; contents of record.

    Upon the close of the hearing the case is transferred automatically 
to the Board. The record of the proceeding shall include the petition, 
notice of hearing, service sheet, motions, rulings, orders, official 
transcript of the hearing with any corrections thereto, stipulations, 
objections, depositions, interrogatories, exhibits, documentary 
evidence, and any briefs or other documents submitted by the parties.



Sec. 1422.16  Decision.

    The Board will issue a decision directing an election or dismissing 
the petition, or making other disposition of the matters before it.



Sec. 1422.17  Election procedure; request for authorized representation election observers.

    This section governs all elections conducted under the supervision 
of the Regional Director pursuant to Sec. 1422.7 or Sec. 1422.16. The 
Regional Director may conduct elections in unusual circumstances in 
accordance with terms and conditions set forth in the notice of 
election.
    (a) Appropriate notices of election shall be posted by the 
Department. Such notices shall set forth the details and procedures for 
the election, the unit described in 22 U.S.C. 4112, the eligibility 
period, the date(s), hour(s) and place(s) of the election and shall 
contain a sample ballot.
    (b) The reproduction of any document purporting to be a copy of the 
official ballot, other than one completely unaltered in form and content 
and clearly marked ``sample'' on its face,

[[Page 560]]

which suggests either directly or indirectly to employees that the Board 
endorses a particular choice, may constitute grounds for setting aside 
an election upon objections properly filed.
    (c) All elections shall be by secret ballot. An exclusive 
representative shall be chosen by a majority of the valid ballots cast.
    (d) Whenever two or more labor organizations are included as choices 
in an election, any intervening labor organization may request the 
Regional Director to remove its name from the ballot. The request must 
be in writing and received not later than seven (7) days before the date 
of the election. Such request shall be subject to the approval of the 
Regional Director whose decision shall be final.
    (e) In a proceeding involving an election to determine if a labor 
organization should cease to be the exclusive representative filed by 
the Department or any employee or employees or an individual acting on 
behalf of any employee(s) under Sec. 1422.2(b), an organization 
currently recognized or certified may not have its name removed from the 
ballot without having served the written request submitted pursuant to 
paragraph (d) of this section on all parties. Such request shall contain 
an express disclaimer of any representation interest among the employees 
in the unit.
    (f) Any party may be represented at the polling place(s) by 
observers of its own selection, subject to such limitations as the 
Regional Director may prescribe.
    (g) A party's request to the Regional Director for named observers 
shall be in writing and filed with the Regional Director not less than 
fifteen (15) days prior to an election to be supervised or conducted 
pursuant to this part. The request shall name and identify the 
authorized representation election observers sought, and state the 
reasons therefor. Copies thereof shall be served on the other parties 
and a written statement of such service shall be filed with the Regional 
Director. Within five (5) days after service of a copy of the request, a 
party may file objections to the request with the Regional Director and 
state the reasons therefor. Copies thereof shall be served on the other 
parties and a written statement of such service shall be filed with the 
Regional Director. The Regional Director shall rule upon the request not 
later than five (5) days prior to the date of the election. However, for 
good cause shown by a party, or on the Regional Director's own motion, 
the Regional Director may vary the time limits prescribed in this 
paragraph.



Sec. 1422.18  Challenged ballots.

    Any party or the representative of the Board may challenge, for good 
cause, the eligibility of any person to participate in the election. The 
ballots of such challenged persons shall be impounded.



Sec. 1422.19  Tally of ballots.

    Upon the conclusion of the election, the Regional Director shall 
cause to be furnished to the parties a tally of ballots.



Sec. 1422.20  Certification; objections to election; determination on objections and challenged ballots.

    (a) The Regional Director shall issue to the parties a certification 
of results of the election or a certification of representative, where 
appropriate: Provided, however, That no objections are filed within the 
time limit set forth below; the challenged ballots are insufficient in 
number to affect the results of the election; and no rerun election is 
to be held.
    (b) Within twenty (20) days after the tally of ballots has been 
furnished, a party may file objections to the procedural conduct of the 
election, or to conduct which may have improperly affected the results 
of the election, setting forth a clear and concise statement of the 
reasons therefor. The objecting party shall bear the burden of proof at 
all stages of the proceeding regarding all matters raised in its 
objections. An original and two (2) copies of the objections shall be 
filed with the Regional Director and copies shall be served on the 
parties. A statement of such service shall be filed with the Regional 
Director. Such filing must be timely whether or not the challenged 
ballots are sufficient in number to affect the results of the election. 
Within

[[Page 561]]

ten (10) days after the filing of the objections, unless an extension of 
time has been granted by the Regional Director, the objecting party 
shall file with the Regional Director evidence, including signed 
statements, documents and other material supporting the objections.
    (c) If objections are filed or challenged ballots are sufficient in 
number to affect the results of the election, the Regional Director 
shall investigate the objections or challenged ballots, or both.
    (d) When the Regional Director determines that no relevant question 
of fact exists, the Regional Director (1) shall find whether improper 
conduct occurred of such a nature as to warrant the setting aside of the 
election and, if so, indicate an intention to set aside the election, or 
(2) shall rule on determinative challenged ballots, if any, or both. The 
Regional Director shall issue a report and findings on objections and/or 
challenged ballots which shall be served upon all parties to the 
proceeding. Such report and findings shall state therein any additional 
pertinent matters such as an intent to rerun the election or count 
ballots at a specified date, time, and place, and if appropriate, that 
the Regional Director will cause to be issued a revised tally of 
ballots.
    (e) When the Regional Director determines that no relevant question 
of fact exists, but that a substantial question of interpretation or 
policy exists, the Regional Director shall notify the parties in the 
report and findings and transfer the case to the Board in accordance 
with of this subchapter.
    (f) Any party aggrieved by the findings of a Regional Director with 
respect to objections to an election or challenged ballots may obtain a 
review of such action by the Board by following the procedure set forth 
in Sec. 1422.6(d) of this subchapter: Provided, however, That a 
determination by the Regional Director to issue a notice of hearing 
shall not be subject to review by the Board.
    (g) Where it appears to the Regional Director that the objections or 
challenged ballots raise any relevant question of fact which may have 
affected the results of the election, the Regional Director shall cause 
to be issued a notice of hearing. Hearings shall be conducted and 
decisions issued by Administrative Law Judges and exceptions and related 
submissions filed with the Board in accordance with Secs. 1423.14 
through 1423.28 of this subchapter excluding Sec. 1423.18 and 
Sec. 1423.19(j), with the following exceptions:
    (1) The Administrative Law Judge may not recommend remedial action 
to be taken or notices to be posted, as provided under Sec. 1423.26(a); 
and
    (2) Reference to ``charge, complaint'' in Sec. 1423.26(b) shall be 
read as ``report and findings of the Regional Director.''
    (h) At a hearing conducted pursuant to paragraph (g) of this section 
the party filing the objections shall have the burden of proving all 
matters alleged in its objections by a preponderance of the evidence. 
With respect to challenged ballots, no burden of proof is imposed on any 
party.
    (i) The Board shall take action which may consist of the following, 
as appropriate:
    (1) Issue a decision adopting, modifying, or rejecting the 
Administrative Law Judge's decision;
    (2) Issue a decision in any case involving a substantial question of 
interpretation or policy transferred pursuant to paragraph (e) of this 
section; or
    (3) Issue a ruling with respect to a request for review filed 
pursuant to paragraph (f) of this section affirming or reversing, in 
whole or in part, the Regional Director's findings, or make such other 
disposition as may be appropriate.



Sec. 1422.21  Preferential voting.

    In any election in which more than two choices are on the ballot and 
no choice receives a majority of first preferences the Board shall 
distribute to the two choices having the most first preferences the 
preferences as between those two of the other valid ballots cast. The 
choice receiving a majority of preferences shall be declared the winner. 
A labor organization which is declared the winner of the election shall 
be certified by the Board as the exclusive representative.

[[Page 562]]



Sec. 1422.22  Inconclusive elections.

    (a) An inconclusive election is one in which none of the choices on 
the ballot is declared the winner. If there are no challenged ballots 
that would affect the results of the election, the Regional Director may 
declare the election a nullity and may order another election providing 
for a selection from among the choices afforded in the previous ballot.
    (b) Only one further election pursuant to this section may be held.



PART 1423--UNFAIR LABOR PRACTICE PROCEEDINGS--Table of Contents




Sec.
1423.1  Applicability of this part.
1423.2  Informal proceedings.
1423.3  Who may file charges.
1423.4  Contents of the charge; supporting evidence and documents.
1423.5  Selection of the unfair labor practice procedure or the 
          negotiability procedure.
1423.6  Filing and service of copies.
1423.7  Investigation of charges.
1423.8  Amendment of charges.
1423.9  Action by the Regional Director.
1423.10  Determination not to issue complaint; review of action by the 
          Regionial Director.
1423.11  Settlement or adjustment of issues.
1423.12  Issuance and contents of the complaint.
1423.13  Answer to the complaint; extension of time for filing; 
          amendment.
1423.14  Conduct of hearing.
1423.15  Intervention.
1423.16  Rights of parties.
1423.17  Rules of evidence.
1423.18  Burden of proof before the Administrative Law Judge.
1423.19  Duties and powers of the Administrative Law Judge.
1423.20  Unavailability of Administrative Law Judges.
1423.21  Objection to conduct of hearing.
1423.22  Motions.
1423.23  Waiver of objections.
1423.24  Oral argument at the hearing.
1423.25  Filing of brief.
1423.26  Transmittal of the Administrative Law Judge's decision to the 
          Board; exceptions.
1423.27  Contents of exceptions to the Administrative Law Judge's 
          decision.
1423.28  Briefs in support of exceptions; oppositions to exceptions; 
          cross-exceptions.
1423.29  Action by the Board.
1423.30  Compliance with decisions and orders of the Board.
1423.31  Backpay proceedings.

    Authority: 22 U.S.C. 4107.

    Source: 46 FR 45868, Sept. 15, 1981, unless otherwise noted.



Sec. 1423.1  Applicability of this part.

    This part is applicable to any charge of alleged unfair labor 
practices filed with the Board on or after February 15, 1981.



Sec. 1423.2  Informal proceedings.

    (a) The purposes and policies of the Foreign Service Labor-
Management Relations Statute can best be achieved by the cooperative 
efforts of all persons covered by the program. To this end, it shall be 
the policy of the Board and the General Counsel to encourage all persons 
alleging unfair labor practices and persons against whom such 
allegations are made to meet and, in good faith, attempt to resolve such 
matters prior to the filing of unfair labor practice charges with the 
Board.
    (b) In furtherance of the policy referred to in paragraph (a) of 
this section, and noting the six (6) month period of limitation set 
forth in 22 U.S.C. 4116(d), it shall be the policy of the Board and the 
General Counsel to encourage the informal resolution of unfair labor 
practice allegations subsequent to the filing of a charge and prior to 
the issuance of a complaint by the Regional Director.



Sec. 1423.3  Who may file charges.

    The Department or labor organization may be charged by any person 
with having engaged in or engaging in any unfair labor practice 
prohibited under 22 U.S.C. 4115.



Sec. 1423.4  Contents of the charge; supporting evidence and documents.

    (a) A charge alleging a violation of 22 U.S.C. 4115 shall be 
submitted on forms prescribed by the Board and shall contain the 
following:
    (1) The name, address and telephone number of the person(s) making 
the charge;
    (2) The name, address and telephone number of the Department or 
labor organization against whom the charge is made;
    (3) A clear and concise statement of the facts constituting the 
alleged unfair labor practice, a statement of the

[[Page 563]]

section(s) and subsection(s) of chapter 41 of title 22 of the United 
States Code alleged to have been violated, and the date and place of 
occurrence of the particular acts; and
    (4) A statement of any other procedure invoked involving the subject 
matter of the charge and the results, if any, including whether the 
subject matter raised in the charge (i) has been raised previously in a 
grievance procedure; (ii) has been referred to the Foreign Service 
Impasse Disputes Panel or the Foreign Service Grievance Board for 
consideration or action; or (iii) involves a negotiability issue raised 
by the charging party in a petition pending before the Board pursuant to 
part 1424 of this subchapter.
    (b) Such charge shall be in writing and signed and shall contain a 
declaration by the person signing the charge, under the penalties of the 
Criminal Code (18 U.S.C. 1001), that its contents are true and correct 
to the best of that person's knowledge and belief.
    (c) When filing a charge, the charging party shall submit to the 
Regional Director any supporting evidence and documents.



Sec. 1423.5  Selection of the unfair labor practice procedure or the negotiability procedure.

    (a) Where a labor organization files an unfair labor practice charge 
pursuant to this part which involves a negotiability issue, and the 
labor organization also files pursuant to part 1424 of this subchapter a 
petition for review of the same negotiability issue, the Board and the 
General Counsel ordinarily will not process the unfair labor practice 
charge and the petition for review simultaneously.
    (b) Under such circumstances, the labor organization must select 
under which procedure to proceed. Upon selection of one procedure, 
further action under the other procedure will ordinarily be suspended. 
Such selection must be made regardless of whether the unfair labor 
practice charge or the petition for review of a negotiability issue is 
filed first. Notification of this selection must be made in writing at 
the time that both procedures have been invoked, and must be served on 
the Board, the appropriate Regional Director and all parties to both the 
unfair labor practice case and the negotiability case.
    (c) Cases which solely involve an agency's allegation that the duty 
to bargain in good faith does not extend to the matter proposed to be 
bargained and which do not involve actual or contemplated changes in 
conditions of employment may only be filed under part 1424 of this 
subchapter.



Sec. 1423.6  Filing and service of copies.

    (a) An original and four (4) copies of the charge together with one 
copy for each additional charged party named shall be filed with the 
Regional Director for the region in which the alleged unfair labor 
practice has occurred or is occurring. A charge alleging that an unfair 
labor practice has occurred or is occurring in two or more regions may 
be filed with the Regional Director for any such region.
    (b) Upon the filing of a charge, the charging party shall be 
responsible for the service of a copy of the charge (without the 
supporting evidence and documents) upon the person(s) against whom the 
charge is made, and for filing a written statement of such service with 
the Regional Director. The Regional Director will, as a matter of 
course, cause a copy of such charge to be served on the person(s) 
against whom the charge is made, but shall not be deemed to assume 
responsibility for such service.



Sec. 1423.7  Investigation of charges.

    (a) The Regional Director, on behalf of the General Counsel, shall 
conduct such investigation of the charge as the Regional Director deems 
necessary.
    (b) During the course of the investigation all parties involved will 
have an opportunity to present their evidence and views to the Regional 
Director.
    (c) In connection with the investigation of charges, all persons are 
expected to cooperate fully with the Regional Director.
    (d) The purposes and policies of the Foreign Service Labor-
Management Relations Statute can best be achieved by the full 
cooperation of all parties involved and the voluntary submission of all 
potentially relevant information

[[Page 564]]

from all potential sources during the course of the investigation. To 
this end, it shall be the policy of the Board and the General Counsel to 
protect the identity of individuals and the substance of the statements 
and information they submit or which is obtained during the 
investigation as a means of assuring the Board's and the General 
Counsel's continuing ability to obtain all relevant information.



Sec. 1423.8  Amendment of charges.

    Prior to the issuance of a complaint, the charging party may amend 
the charge in accordance with the requirements set forth in Sec. 1423.6.



Sec. 1423.9  Action by the Regional Director.

    (a) The Regional Director shall take action which may consist of the 
following, as appropriate:
    (1) Approve a request to withdraw a charge;
    (2) Refuse to issue a complaint;
    (3) Approve a written settlement agreement in accordance with the 
provisions of Sec. 1423.11;
    (4) Issue a complaint;
    (5) Upon agreement of all parties, transfer to the Board for 
decision, after issuance of a complaint, a stipulation of facts in 
accordance with the provisions of Sec. 1429.1(a) this subchapter; or
    (6) Withdraw a complaint.
    (b) Parties may request the General Counsel to seek appropriate 
temporary relief (including a restraining order) under 22 U.S.C. 
4109(d). The General Counsel will initiate and prosecute injunctive 
proceedings under 22 U.S.C. 4109(d) only upon approval of the Board. A 
determination by the General Counsel not to seek approval of the Board 
for such temporary relief is final and may not be applied to the Board.
    (c) Upon a determination to issue a complaint, whenever it is deemed 
advisable by the Board to seek appropriate temporary relief (including a 
restraining order) under 22 U.S.C. 4109(d), the Regional Attorney or 
other designated agent of the Board to whom the matter has been referred 
will make application for appropriate temporary relief (including a 
restraining order) in the United States District Court for the District 
of Columbia. Such temporary relief will not be sought unless the record 
establishes probable cause that an unfair labor practice is being 
committed, or if such temporary relief will interfere with the ability 
of the Department to carry out its essential functions.
    (d) Whenever temporary relief has been obtained pursuant to 22 
U.S.C. 4109(d) and thereafter the Administrative Law Judge hearing the 
complaint, upon which the determination to seek such temporary relief 
was predicated, recommends dismissal of such complaint, in whole or in 
part, the Regional Attorney or other designated agent of the Board 
handling the case for the Board shall inform the United States District 
Court for the District of Columbia of the possible change in 
circumstances arising out of the decision of the Administrative Law 
Judge.



Sec. 1423.10  Determination not to issue complaint; review of action by the Regional Director.

    (a) If the Regional Director determines that the charge has not been 
timely filed, that the charge fails to state an unfair labor practice, 
or for other appropriate reasons, the Regional Director may request the 
charging party to withdraw the charge, and in the absence of such 
withdrawal within a reasonable time, decline to issue a complaint.
    (b) If the Regional Director determines not to issue a complaint on 
a charge which is not withdrawn, the Regional Director shall provide the 
parties with a written statement of the reasons for not issuing a 
complaint.
    (c) The charging party may obtain a review of the Regional 
Director's decision not to issue a complaint by filing an appeal with 
the General Counsel within twenty-five (25) days after service of the 
Regional Director's decision. The appeal shall contain a complete 
statement setting forth the facts and reasons upon which it is based. A 
copy of the appeal shall also be filed with the Regional Director. In 
addition, the charging party should notify all other parties of the fact 
that an appeal has been taken, but any failure to give such notice shall 
not affect the validity of the appeal.

[[Page 565]]

    (d) A request for extension of time to file an appeal shall be in 
writing and received by the General Counsel not later than five (5) days 
before the date the appeal is due. The charging party should notify the 
Regional Director and all other parties that it has requested an 
extension of time in which to file an appeal, but any failure to give 
such notice shall not affect the validity of its request for an 
extension of time to file an appeal.
    (e) The General Counsel may sustain the Regional Director's refusal 
to issue or re-issue a complaint, stating the grounds of affirmance, or 
may direct the Regional Director to take further action. The General 
Counsel's decision shall be served on all the parties. The decision of 
the General Counsel shall be final.



Sec. 1423.11  Settlement or adjustment of issues.

                        General settlement policy

    (a) At any stage of a proceeding prior to hearing, where time, the 
nature of the proceeding, and the public interest permit, all interested 
parties shall have the opportunity to submit to the Regional Director 
with whom the charge was filed, for consideration, all facts and 
arguments concerning offers of settlement, or proposals of adjustment.

                    Precomplaint informal settlements

    (b)(1) Prior to the issuance of any complaint or the taking of other 
formal action, the Regional Director will afford the charging party and 
the respondent a reasonable period of time in which to enter into an 
informal settlement agreement to be approved by the Regional Director. 
Upon approval by the Regional Director and compliance with the terms of 
the informal settlement agreement, no further action shall be taken in 
the case. If the respondent fails to perform its obligations under the 
informal settlement agreement, the Regional Director may determine to 
institute further proceedings.
    (2) In the event that the charging party fails or refuses to become 
a party to an informal settlement agreement offered by the respondent, 
if the Regional Director concludes that the offered settlement will 
effectuate the policies of the Foreign Service Labor-Management 
Relations Statute, the agreement shall be between the respondent and the 
Regional Director and the latter shall decline to issue a complaint. The 
charging party may obtain a review of the Regional Director's action by 
filing an appeal with the General Counsel in accordance with 
Sec. 1423.10(c). The General Counsel shall take action on such appeal as 
set forth in Sec. 1423.10(e).

                    Post complaint settlement policy

    (c) Consistent with the policy reflected in paragraph (a) of this 
section, even after the issuance of a complaint, the Board favors the 
settlement of issues. Such settlements may be either informal or formal. 
Informal settlement agreements shall be accomplished as provided in 
paragraph (b) of this section. Formal settlement agreements are subject 
to the approval of the Board. In such formal settlement agreements, the 
parties shall agree to waive their right to a hearing and agree further 
that the Board may issue an order requiring the respondent to take 
action appropriate to the terms of the settlement. Ordinarily the formal 
settlement agreement also contains the respondent's consent to the Board 
application for the entry of a decree by the United States Court of 
Appeals for the District of Columbia enforcing the Board's order.

              Post complaint--prehearing formal settlements

    (d)(1) If, after issuance of a complaint but before opening of the 
hearing, the charging party and the respondent enter into a formal 
settlement agreement, and such agreement is accepted by the Regional 
Director, the formal settlement agreement shall be submitted to the 
Board for approval.
    (2) If, after issuance of a complaint but before opening of the 
hearing, the charging party fails or refuses to become a party to a 
formal settlement agreement offered by the respondent, and the Regional 
Director concludes that the offered settlement will effectuate the 
policies of the Foreign Service Labor-Management Relations Statute, the 
agreement shall be between

[[Page 566]]

the respondent and the Regional Director. The charging party will be so 
informed and provided a brief written statement by the Regional Director 
of the reasons therefor. The formal settlement agreement together with 
the charging party's objections, if any, and the Regional Director's 
written statements, shall be submitted to the Board for approval. The 
Board may approve or disapprove any formal settlement agreement or 
return the case to the Regional Director for other appropriate action.

             Post complaint--prehearing informal settlements

    (3) After the issuance of a complaint but before opening of the 
hearing, if the Regional Director concludes that it will effectuate the 
policies of the Foreign Service Labor-Management Relations Statute, the 
Regional Director may withdraw the complaint and approve an informal 
settlement agreement pursuant to paragraph (b) of this section.

          Informal settlements after the opening of the hearing

    (e)(1) After issuance of a complaint and after opening of the 
hearing, if the Regional Director concludes that it will effectuate the 
policies of the Foreign Service Labor-Management Relations Statute, the 
Regional Director may request the Administrative Law Judge for 
permission to withdraw the complaint and, having been granted such 
permission to withdraw the complaint, may approve an informal settlement 
pursuant to paragraph (b) of this section.

           Formal settlements after the opening of the hearing

    (2) If, after issuance of a complaint and after opening of the 
hearing, the parties enter into a formal settlement agreement, the 
Regional Director may request the Administrative Law Judge to approve 
such formal settlement agreement, and upon such approval, to transmit 
the agreement to the Board for approval.
    (3) If the charging party fails or refuses to become a party to a 
formal settlement agreement offered by the respondent, and the Regional 
Director concludes that the offered settlement will effectuate the 
policies of the Foreign Service Labor-Management Relations Statute, the 
agreement shall be between the respondent and the Regional Director. 
After the charging party is given an opportunity to state on the record 
or in writing the reasons for opposing the formal settlement, the 
Regional Director may request the Administrative Law Judge to approve 
such formal settlement agreement, and upon such approval, to transmit 
the agreement to the Board for approval. The Board may approve or 
disapprove any formal settlement agreement or return the case to the 
Administrative Law Judge for another appropriate action.



Sec. 1423.12  Issuance and contents of the complaint.

    (a) After a charge is filed, if it appears to the Regional Director 
that formal proceedings in respect thereto should be instituted, the 
Regional Director shall issue and cause to be served on all other 
parties a formal complaint: Provided, however, That a determination by a 
Regional Director to issue a complaint shall not be subject to review.
    (b) The complaint shall include:
    (1) Notice of the charge;
    (2) Notice that a hearing will be held before an Adminsitrative Law 
Judge;
    (3) Notice of the time and place fixed for the hearing which shall 
not be earlier than five (5) days after service of the complaint;
    (4) A statement of the nature of the hearing;
    (5) A clear and concise statement of the facts upon which assertion 
of jurisdiction by the Board is predicated;
    (6) A reference to the particular sections of chapter 41 of title 22 
of the United States Code and the rules and regulations involved; and
    (7) A clear and concise description of the acts which are claimed to 
constitute unfair labor practices, including, where known, the 
approximate dates and places of such acts and the names of respondent's 
agents or other representatives by whom committed.
    (c) The Chief Administrative Law Judge may, upon such judge's own 
motion or upon proper cause shown by any other party, extend the date of 
the

[[Page 567]]

hearing or may change the place at which it is to be held.
    (d) A complaint may be amended, upon such terms as may be deemed 
just, prior to the hearing, by the Regional Director issuing the 
complaint; at the hearing and until the case has been transmitted to the 
Board pursuant to Sec. 1423.26, upon motion by the Administrative Law 
Judge designated to conduct the hearing; and after the case has been 
transmitted to the Board pursuant to Sec. 1423.26, upon motion by the 
Board at any time prior to the issuance of an order based thereon by the 
Board.
    (e) Any such complaint may be withdrawn before the hearing by the 
Regional Director.



Sec. 1423.13  Answer to the complaint; extension of time for filing; amendment.

    (a) Except in extraordinary circumstances as determined by the 
Regional Director, within twenty (20) days after the complaint is served 
upon the respondent, the respondent shall file the original and four (4) 
copies of the answer thereto, signed by the respondent or its 
representative, with the Regional Director who issued the complaint. The 
respondent shall serve a copy of the answer on the Chief Administrative 
Law Judge and on all other parties.
    (b) The answer: (1) Shall specifically admit, deny, or explain each 
of the allegations of the complaint unless the respondent is without 
knowledge, in which case the answer shall so state; or (2) Shall state 
that the respondent admits all of the allegations in the complaint. 
Failure to file an answer or to plead specifically to or explain any 
allegation shall constitute an admission of such allegation and shall be 
so found by the Board, unless good cause to the contrary is shown.
    (c) Upon the Regional Director's own motion or upon proper cause 
shown by any other party, the Regional Director issuing the complaint 
may by written order extend the time within which the answer shall be 
filed.
    (d) The answer may be amended by the respondent at any time prior to 
the hearing. During the hearing or subsequent thereto, the answer may be 
amended in any case where the complaint has been amended, within such 
period as may be fixed by the Administrative Law Judge or the Board. 
Whether or not the complaint has been amended, the answer may, in the 
discretion of the Administrative Law Judge or the Board, upon motion, be 
amended upon such terms and within such periods as may be fixed by the 
Administrative Law Judge or the Board.



Sec. 1423.14  Conduct of hearing.

    (a) Hearings shall be conducted not earlier than five (5) days after 
the date on which the complaint is served. The hearing shall be open to 
the public unless otherwise ordered by the Administrative Law Judge. A 
substitute Administrative Law Judge may be designated at any time to 
take the place of the Administrative Law Judge previously designated to 
conduct the hearing. Such hearing shall, to the extent practicable, be 
conducted in accordance with the provisions of subchapter II of chapter 
5 of title 5 of the United States Code, except that the parties shall 
not be bound by the rules of evidence, whether statutory, common law, or 
adopted by a court.
    (b) An official reporter shall make the only official transcript of 
such proceedings. Copies of the official transcript may be examined in 
the appropriate regional office during normal working hours. Requests by 
parties for copies of transcripts should be made to the official hearing 
reporter.



Sec. 1423.15  Intervention.

    Any person involved and desiring to intervene in any proceeding 
pursuant to this part shall file a motion in accordance with the 
procedures set forth in Sec. 1423.22. The motion shall state the grounds 
upon which such person claims involvement.



Sec. 1423.16  Rights of parties.

    A party shall have the right to appear at any hearing in person, by 
counsel, or by other representative, and to examine and cross-examine 
witnesses, and to introduce into the record documentary or other 
relevant evidence, and to submit rebuttal evidence, except that the 
participation of any party shall be limited to the extent prescribed by 
the Administrative Law

[[Page 568]]

Judge. Two (2) copies of documentary evidence shall be submitted and a 
copy furnished to each of the other parties. Stipulations of fact may be 
introduced in evidence with respect to any issue.



Sec. 1423.17  Rules of evidence.

    The parties shall not be bound by the rules of evidence, whether 
statutory, common law, or adopted by court. Any evidence may be 
received, except that an Administrative Law Judge may exclude any 
evidence which is immaterial, irrelevant, unduly repetitious or 
customarily privileged.



Sec. 1423.18  Burden of proof before the Administrative Law Judge.

    The General Counsel shall have the responsibility of presenting the 
evidence in support of the complaint and shall have the burden of 
proving the allegations of the complaint by a preponderance of the 
evidence.



Sec. 1423.19  Duties and powers of the Administrative Law Judge.

    It shall be the duty of the Administrative Law Judge to inquire 
fully into the facts as they relate to the matter before such judge. 
Subject to the rules and regulations of the Board and the General 
Counsel, an Administrative Law Judge presiding at a hearing may:
    (a) Grant requests for subpoenas pursuant to Sec. 1429.7 of this 
subchapter;
    (b) Rule upon petitions to revoke subpoenas pursuant to Sec. 1429.7 
of this subchapter;
    (c) Administer oaths and affirmations;
    (d) Take or order the taking of a deposition whenever the ends of 
justice would be served thereby;
    (e) Order responses to written interrogatories whenever the ends of 
justice would be served thereby unless it would interfere with the 
Board's and the General Counsel's policy of protecting the personal 
privacy and confidentiality of sources of information as set forth in 
Sec. 1423.7(d);
    (f) Call, examine and cross-examine witnesses and introduce into the 
record documentary or other evidence;
    (g) Rule upon offers of proof and receive relevant evidence and 
stipulations of fact with respect to any issue;
    (h) Limit lines of questioning or testimony which are immaterial, 
irrelevant, unduly repetitious, or customarily privileged;
    (i) Regulate the course of the hearing and, if appropriate, exclude 
from the hearing persons who engage in contemptuous conduct and strike 
all related testimony of witnesses refusing to answer any questions 
ruled to be proper;
    (j) Hold conferences for the settlement or simplification of the 
issues by consent of the parties or upon the judge's own motion;
    (k) Dispose of procedural requests, motions, or similar matters, 
including motions referred to the Administrative Law Judge by the 
Regional Director and motions for summary judgment or to amend 
pleadings; dismiss complaints or portions thereof; order hearings 
reopened; and, upon motion, order proceedings consolidated or severed 
prior to issuance of the Administrative Law Judge's decision;
    (l) Request the parties at any time during the hearing to state 
their respective positions concerning any issue in the case or theory in 
support thereof;
    (m) Continue the hearing from day-to-day or adjourn it to a later 
date or to a different place, by announcement thereof at the hearing or 
by other appropriate notice;
    (n) Prepare, serve and transmit the decision pursuant to 
Sec. 1423.26;
    (o) Take official notice of any material fact not appearing in 
evidence in the record, which is among the traditional matters of 
judicial notice: Provided, however, That the parties shall be given 
adequate notice, at the hearing or by reference in the Administrative 
Law Judge's decision of the matters so noticed, and shall be given 
adequate opportunity to show the contrary;
    (p) Approve requests for withdrawal of complaints based on informal 
settlements occurring after the opening of the hearing pursuant to 
Sec. 1423.11(e)(1), and transmit formal settlement agreements to the 
Board for approval pursuant to Sec. 1423.11(e) (2) and (3);
    (q) Grant or deny requests made at the hearing to intervene and to 
present testimony;

[[Page 569]]

    (r) Correct or approve proposed corrections of the official 
transcript when deemed necessary;
    (s) Sequester witnesses where appropriate; and
    (t) Take any other action deemed necessary under the foregoing and 
not prohibited by the regulations in this subchapter.



Sec. 1423.20  Unavailability of Administrative Law Judges.

    In the event the Administrative Law Judge designated to conduct the 
hearing becomes unavailable, the Chief Administrative Law Judge shall 
designate another Administrative Law Judge for the purpose of further 
hearing or issuance of a decision on the record as made, or both.



Sec. 1423.21  Objection to conduct of hearing.

    (a) Any objection with respect to the conduct of the hearing, 
including any objection to the introduction of evidence, may be stated 
orally or in writing accompanied by a short statement of the grounds for 
such objection, and included in the record. No such objection shall be 
deemed waived by further participation in the hearing. Such objection 
shall not stay the conduct of the hearing.
    (b) Formal exceptions to adverse rulings are unnecessary. Automatic 
exceptions will be allowed to all adverse rulings. Except by special 
permission of the Board, and in view of Sec. 1429.11 of this subchapter, 
rulings by the Administrative Law Judge shall not be appealed prior to 
the transmittal of the case to the Board, but shall be considered by the 
Board only upon the filing of exceptions to the Administrative Law 
Judge's decision in accordance with Sec. 1423.27. In the discretion of 
the Administrative Law Judge, the hearing may be continued or adjourned 
pending any such request for special permission to appeal.



Sec. 1423.22  Motions.

    (a) Filing of Motions. (1) Motions made prior to a hearing and any 
response thereto shall be made in writing and filed with the Regional 
Director: Provided, however, That after the issuance of a complaint by 
the Regional Director any motion to postpone the hearing should be filed 
with the Chief Administrative Law Judge at least five (5) days prior to 
the opening of the scheduled hearing. Motions made after the hearing 
opens and prior to the transmittal of the case to the Board shall be 
made in writing to the Administrative Law Judge or orally on the record. 
After the transmittal of the case to the Board, motions and any response 
thereto shall be filed in writing with the Board: Provided, however, 
That a motion to correct the transcript shall be filed with the 
Administrative Law Judge.
    (2) A response to a motion shall be filed within five (5) days after 
service of the motion, unless otherwise directed.
    (3) An original and two (2) copies of the motions and responses 
shall be filed, and copies shall be served on the parties. A statement 
of such service shall accompany the original.
    (b) Rulings on motions. (1) Regional Directors may rule on all 
motions filed with them before the hearing, or they may refer them to 
the Chief Administrative Law Judge.
    (2) Except by special permission of the Board, and in view of 
Sec. 1429.11 of this subchapter, rulings by the Regional Director shall 
not be appealed prior to the transmittal of the case to the Board, but 
shall be considered by the Board when the case is transmitted to it for 
decision.
    (3) Administrative Law Judges may rule on motions referred to them 
prior to the hearing and on motions filed after the beginning of the 
hearing and before the transmittal of the case to the Board. Such 
motions may be ruled upon by the Chief Administrative Law Judge in the 
absence of an Administrative Law Judge.
    (4) Except by special permission of the Board, and in view of 
Sec. 1429.11 of this subchapter, rulings by Administrative Law Judges 
shall not be appealed prior to the transmittal of the case to the Board, 
but shall be considered by the Board when the case is transmitted to it 
for decision. In the discretion of the Administrative Law Judge, the 
hearing may be continued or adjourned pending any such request for 
special permission to appeal.

[[Page 570]]



Sec. 1423.23  Waiver of objections.

    Any objection not made before an Administrative Law Judge shall be 
deemed waived.



Sec. 1423.24  Oral argument at the hearing.

    Any party shall be entitled, upon request, to a reasonable period 
prior to the close of the hearing for oral argument, which shall be 
included in the official transcript of the hearing.



Sec. 1423.25  Filing of brief.

    Any party desiring to submit a brief to the Administrative Law Judge 
shall file the original and two (2) copies within a reasonable time 
fixed by the Administrative Law Judge, but not in excess of thirty (30) 
days from the close of the hearing. Copies of any brief shall be served 
on all other parties to the proceeding and a statement of such service 
shall be filed with the Administrative Law Judge. Requests for 
additional time to file a brief shall be made to the Chief 
Administrative Law Judge, in writing, and copies thereof shall be served 
on the other parties. A statement of such service shall be furnished. 
Requests for extension of time shall be received not later than five (5) 
days before the date such briefs are due. No reply brief may be filed 
except by special permission of the Administrative Law Judge.



Sec. 1423.26  Transmittal of the Administrative Law Judge's decision to the Board; exceptions.

    (a) After the close of the hearing, and the receipt of brief, if 
any, the Administrative Law Judge shall prepare the decision 
expeditiously. The Administrative Law Judge shall prepare a decision 
even when the parties enter into a stipulation of fact at the hearing. 
The decision shall contain findings of fact, conclusions, and the 
reasons or basis therefor including credibility determinations, and 
conclusions as to the disposition of the case including, where 
appropriate, the remedial action to be taken and notices to be posted.
    (b) The Administrative Law Judge shall cause the decision to be 
served promptly on all parties to the proceeding. Thereafter, the 
Administrative Law Judge shall transmit the case to the Board including 
the judge's decision and the record. The record shall include the 
charge, complaint, service sheet, answer, motions, rulings, orders, 
official transcript of the hearing, stipulations, objections, 
depositions, interrogatories, exhibits, documentary evidence and any 
briefs or other documents submitted by the parties.
    (c) An original and three (3) copies of any exception to the 
Administrative Law Judge's decision and briefs in support of exceptions 
may be filed by any party with the Board within twenty-five (25) days 
after service of the decision: Provided, however, That the Board may for 
good cause shown extend the time for filing such exceptions. Requests 
for additional time in which to file exceptions shall be in writing, and 
copies thereof shall be served on the other parties. Requests for 
extension of time must be received no later than five (5) days before 
the date the exceptions are due. Copies of such exceptions and any 
supporting briefs shall be served on all other parties, and a statement 
of such service shall be furnished to the Board.



Sec. 1423.27  Contents of exceptions to the Administrative Law Judge's decision.

    (a) Exceptions to an Administrative Law Judge's decision shall:
    (1) Set forth specifically the questions upon which exceptions are 
taken;
    (2) Identify that part of the Administrative Law Judge's decision to 
which objection is made; and
    (3) Designate by precise citation of page the portions of the record 
relied on, state the grounds for the exceptions, and include the 
citation of authorities unless set forth in a supporting brief.
    (b) Any exception to a ruling, finding or conclusion which is not 
specifically urged shall be deemed to have been waived. Any exception 
which fails to comply with the foregoing requirements may be 
disregarded.



Sec. 1423.28  Briefs in support of exceptions; oppositions to exceptions; cross-exceptions.

    (a) Any brief in support of exceptions shall contain only matters 
included within the scope of the exceptions and

[[Page 571]]

shall contain, in the order indicated, the following:
    (1) A concise statement of the case containing all that is material 
to the consideration of the questions presented;
    (2) A specification of the questions involved and to be argued; and
    (3) The argument, presenting clearly the points of fact and law 
relied on in support of the position taken on each question, with 
specific page reference to the transcript and the legal or other 
material relied on.
    (b) Any party may file an opposition to exceptions and cross-
exceptions and a supporting brief with the Board within ten (10) days 
after service of any exceptions to an Administrative Law Judge's 
decision. Copies of the opposition to exceptions and the cross-
exceptions and any supporting briefs shall be served on all other 
parties, and a statement of service shall be filed with the opposition 
to exceptions and cross-exceptions and any supporting briefs.



Sec. 1423.29  Action by the Board.

    (a) After considering the Administrative Law Judge's decision, the 
record, and any exceptions and related submissions filed, the Board 
shall issue its decision affirming or reversing the Administrative Law 
Judge, in whole, or in part, or making such other disposition of the 
matter as it deems appropriate: Provided, however, That unless 
exceptions are filed which are timely and in accordance with 
Sec. 1423.27, the Board may, at its discretion, adopt without discussion 
the decision of the Administrative Law Judge, in which event the 
findings and conclusions of the Administrative Law Judge, as contained 
in such decision shall, upon appropriate notice to the parties, 
automatically become the decision of the Board.
    (b) Upon finding a violation, the Board shall issue an order:
    (1) To cease and desist from any such unfair labor practice in which 
the Department or labor organization is engaged;
    (2) Requiring the parties to renegotiate a collective bargaining 
agreement in accordance with the order of the Board and requiring that 
the agreement, as amended, be given retroactive effect;
    (3) Requiring reinstatement of an employee with backpay in 
accordance with 5 U.S.C. 5596; or
    (4) Including any combination of the actions described in paragraphs 
(b) (1) through (3) of this section or such other action as will carry 
out the purpose of the Foreign Service Labor-Management Relations 
Statute.
    (c) Upon finding no violation, the Board shall dismiss the 
complaint.



Sec. 1423.30  Compliance with decisions and orders of the Board.

    When remedial action is ordered, the respondent shall report to the 
appropriate Regional Director within a specified period that the 
required remedial action has been effected. When the General Counsel 
finds that the required remedial action has not been effected, the 
General Counsel shall take such action as may be appropriate, including 
referral to the Board for enforcement.



Sec. 1423.31  Backpay proceedings.

    After the entry of a Board order directing payment of backpay, or 
the entry of a court decree enforcing such order, if it appears to the 
Regional Director that a controversy exists between the Board and a 
respondent which cannot be resolved without a formal proceeding, the 
Regional Director may issue and serve on all parties a backpay 
specification accompanied by a notice of hearing or a notice of hearing 
without a specification. The respondent shall, within twenty (20) days 
after the service of a backpay specification accompanied by a notice of 
hearing, file an answer thereto in accordance with Sec. 1423.13 with the 
Regional Director issuing such specification. No answer need be filed by 
the respondent to a notice of hearing issued without a specification. 
After the issuance of a notice of hearing, with or without a backpay 
specification, the procedures provided in Secs. 1423.14 to 1423.29, 
inclusive, shall be followed insofar as applicable.



PART 1424--EXPEDITED REVIEW OF NEGOTIABILITY ISSUES--Table of Contents




Sec.
1424.1  Conditions governing review.
1424.2  Who may file a petition.

[[Page 572]]

1424.3  Time limits for filing.
1424.4  Content of petition; service.
1424.5  Selection of the unfair labor practice procedure or the 
          negotiability procedure.
1424.6  Position of the Department; time limits for filing; service.
1424.7  Response of the exclusive representative; time limits for 
          filing; service.
1424.8  Additional submissions to the Board.
1424.9  Hearing.
1424.10  Board decision and order; compliance.

    Authority: 22 U.S.C. 4107(c).

    Source: 46 FR 45873, Sept. 15, 1981, unless otherwise noted.



Sec. 1424.1  Conditions governing review.

    Pursuant to the authority contained in 22 U.S.C. 4107 (a)(3) and 
(c)(1) the Board will consider a direct appeal concerning whether a 
matter proposed to be bargained is within the obligation to bargain 
under the Foreign Service Act of 1980 as follows: If the Department is 
involved in collective bargaining with an exclusive representative and 
alleges that the duty to bargain in good faith does not extend to any 
matter proposed to be bargained because, as proposed, the matter is 
inconsistent with applicable law, rule or regulation the exclusive 
representative may appeal the allegation to the Board when it disagrees 
with Department's allegation that the matter as proposed to be bargained 
is inconsistent with applicable law, rule or regulation.



Sec. 1424.2  Who may file a petition.

    A petition for review of a negotiability issue may be filed by the 
exclusive representative which is a party to the negotiations.



Sec. 1424.3  Time limits for filing.

    (a) The time limit for filing an appeal under this part is fifteen 
(15) days from the Department's allegation, which was requested in 
writing by the exclusive representative, is served on the exclusive 
representative. The Department shall make the allegation in writing and 
serve a copy on the exclusive representative: Provided, however, That 
review of a negotiability issue may be requested by the exclusive 
representative under this part without a prior written allegation by the 
Department if a written allegation has not been served upon the 
exclusive representative within ten (10) days after the date of receipt 
by any Department bargaining representative at the negotiations of a 
written request for such allegation.



Sec. 1424.4  Content of petition; service.

    (a) A petition for review shall be dated and shall contain the 
following:
    (1) A statement setting forth the matter proposed to be bargained as 
submitted to the Department;
    (2) A copy of all pertinent material, including the Department's 
allegation in writing that the matter, as proposed, is not within the 
duty to bargain in good faith, and other relevant documentary material; 
and
    (3) Notification by the petitioning labor organization whether the 
negotiability issue is also involved in an unfair labor parctice charge 
filed by such labor organization under part 1423 of this subchapter and 
pending before the General Counsel.
    (b) A copy of the petition including all attachments thereto shall 
be served on the Secretary and on the principal Department bargaining 
representative at the negotiations.



Sec. 1424.5  Selection of the unfair labor practice procedure or the negotiability procedure.

    Where a labor organization files an unfair labor practice charge 
pursuant to part 1423 of this subchapter which involves a negotiability 
issue, and the labor organization also files pursuant to this part a 
petition for review of the same negotiability issue, the Board and the 
General Counsel ordinarily will not process the unfair labor practice 
charge and the petition for review simultaneously. Under such 
circumstances, the labor organization must select under which procedure 
to proceed. Upon selection of one procedure, further action under the 
other procedure will ordinarily be suspended. Such selection must be 
made regardless of whether the unfair labor practice charge or the 
petition for review of a negotiability issue is filed first. 
Notification of this selection must be made in writing at the time that 
both procedures have been invoked, and must be served on the Board, the 
appropriate Regional Director and all parties to

[[Page 573]]

both the unfair labor practice case and the negotiability case. Cases 
which solely involve the Department's allegation that the duty bargain 
in good faith does not extend to the matter proposed to be bargained and 
which do not involve actual or contemplated changes in conditions of 
employment may only be filed under this part.



Sec. 1424.6  Position of the Department; time limits for filing; service.

    (a) Within thirty (30) days after the date of receipt by the 
Secretary of a copy of the petition for review of a negotiability issue 
the Department shall file a statement--
    (1) Withdrawing the allegation that the duty to bargain in good 
faith does not extend to the matter proposed to be bargained; or
    (2) Setting forth in full its position on any matters relevant to 
the petition which it wishes the Board to consider in reaching its 
decision, including a full and detailed statement of its reasons 
supporting the allegation. The statement shall cite the section of any 
law, rule or regulation relied upon as a basis for the allegation.
    (b) A copy of the Department's statement of position including all 
attachments thereto shall be served on the exclusive representative.



Sec. 1424.7  Response of the exclusive representative; time limits for filing; service.

    (a) Within fifteen (15) days after the date of receipt by an 
exclusive representative of a copy of the Department's statement of 
position the exclusive representative shall file a full and detailed 
response stating its position and reasons for disagreeing with the 
Department's allegation that the matter, as proposed to be bargained, is 
inconsistent with applicable law or rule or regulation.
    (b) A copy of the response of the exclusive representative including 
all attachments thereto shall be served on the Secretary and on the 
Department's representative of record in the proceedings before the 
Board.



Sec. 1424.8  Additional submissions to the Board.

    The Board will not consider any submission filed by any party, 
whether supplemental or responsive in nature, other than those 
authorized under Secs. 1424.2 through 1424.7 unless such submission is 
requested by the Board; or unless, upon written request by any party, a 
copy of which is served on all other parties, the Board in its 
discretion grants permission to file such submission.



Sec. 1424.9  Hearing.

    A hearing may be held, in the discretion of the Board, before a 
determination is made under 22 U.S.C. 4107(a)(3). If a hearing is held, 
it shall be expedited to the extent practicable and shall not include 
the General Counsel as a party.



Sec. 1424.10  Board decision and order; compliance.

    (a) Subject to the requirements of this part the Board shall 
expedite proceedings under this part to the extent practicable and shall 
issue to the exclusive representative and to the Department a written 
decision on the allegation and specific reasons therefor at the earliest 
practicable date.
    (b) If the Board finds that the duty to bargain extends to the 
matter proposed to be bargained, the decision of the Board shall include 
an order that the Department shall upon request (or as otherwise agreed 
to by the parties) bargain concerning such matter. If the Board finds 
that the duty to bargain does not extend to the matter proposed to be 
bargained, the Board shall so state and issue an order dismissing the 
petition for review of the negotiability issue. If the Board finds that 
the duty to bargain extends to the matter proposed to be bargained only 
at the election of the Department, the Board shall so state and issue an 
order dismissing the petition for review of the negotiability issue.
    (c) When an order is issued as provided in paragraph (b) of this 
section, the Department or exclusive representative shall report to the 
appropriate Regional Director within a specified

[[Page 574]]

period failure to comply with an order that the Department shall upon 
request (or as otherwise agreed to by the parties) bargain concerning 
the disputed matter. If the Board finds such a failure to comply with 
its order, the Board shall take whatever action it deems necessary, 
including enforcement under 22 U.S.C. 4109(b).



PART 1425--REVIEW OF IMPLEMENTATION DISPUTE ACTIONS--Table of Contents




Sec.
1425.1  Who may file an exception; time limits for filing; opposition; 
          service.
1425.2  Content of exception.
1425.3  Grounds for review.
1425.4  Board decision.

    Authority: 22 U.S.C. 4107(c).

    Source: 46 FR 45875, Sept. 15, 1981, unless otherwise noted.



Sec. 1425.1  Who may file an exception; time limits for filing; opposition; service.

    (a) Either party to an appeal to the Foreign Service Grievance Board 
under the provisions of 22 U.S.C. 4114 may file an exception to the 
action of the Foreign Service Grievance Board taken pursuant to the 
appeal.
    (b) The time limit for filing an exception to a Foreign Service 
Grievance Board action is thirty (30) days after such action is 
communicated to the parties.
    (c) An opposition to the exception may be filed by a party within 
thirty (30) days after the date of service of the exception.
    (d) A copy of the exception and any opposition shall be served on 
the other party.



Sec. 1425.2  Content of exception.

    An exception must be a dated, self-contained document which sets 
forth in full:
    (a) A statement of the grounds on which review is requested;
    (b) Evidence or rulings bearing on the issues before the Board;
    (c) Arguments in support of the stated grounds, together with 
specific reference to the pertinent documents and citations of 
authorities; and
    (d) A legible copy of the decision or other document representing 
the action taken by the Foreign Service Grievance Board, together with 
legible copies of other pertinent documents pertaining to the action.



Sec. 1425.3  Grounds for review.

    The Board will review an action of the Foreign Service Grievance 
Board to which an exception has been filed to determine if it is 
deficient--
    (a) Because it is contrary to any law, rule, or regulation; or
    (b) On other grounds similar to those applied by Federal courts in 
private sector labor-managment relations.



Sec. 1425.4  Board decision.

    The Board shall issue its decision taking such action and making 
such recommendations concerning the Foreign Service Grievance Board 
action as it considers necessary, consistent with applicable laws, 
rules, and regulations.



PART 1427--GENERAL STATEMENTS OF POLICY OR GUIDANCE--Table of Contents




Sec.
1427.1  Scope.
1427.2  Requests for general statements of policy or guidance.
1427.3  Content of request.
1427.4  Submissions from interested parties.
1427.5  Standards governing issuance of general statements of policy or 
          guidance.

    Authority: 22 U.S.C. 4107(c).

    Source: 46 FR 45875, Sept. 15, 1981, unless otherwise noted.



Sec. 1427.1  Scope.

    This part sets forth procedures under which requests may be 
submitted to the Board seeking the issuance of general statements of 
policy or guidance under 22 U.S.C. 4107(c)(2)(F).



Sec. 1427.2  Requests for general statements of policy or guidance.

    (a) The head of the Department (or designee), the national president 
of a labor organization (or designee), or the president of a labor 
organization not affiliated with a national organization (or designee) 
may separately or jointly ask the Board for a general statement of 
policy or guidance. The head of any lawful association not qualified as 
a labor organization may also ask the Board for such a statement 
provided

[[Page 575]]

the request is not in conflict with the provisions of the Foreign 
Service Labor-Management Relations Statute.
    (b) The Board ordinarily will not consider a request related to any 
matter pending before the Board, General Counsel, Panel or Assistant 
Secretary.



Sec. 1427.3  Content of request.

    (a) A request for a general statement of policy or guidance shall be 
in writing and must contain:
    (1) A concise statement of the question with respect to which a 
general statement of policy or guidance is requested together with 
background information necessary to an understanding of the question;
    (2) A statement of the standards under Sec. 1427.5 upon which the 
request is based;
    (3) A full and detailed statement of the position or positions of 
the requesting party or parties
    (4) Identification of any cases or other proceedings known to bear 
on the question which are pending under the Foreign Service Labor-
Management Statute.
    (5) Identification of other known interested parties.
    (b) A copy of each document also shall be served on all known 
interested parties, including the General Counsel, the Panel, and the 
Assistant Secretary, where appropriate.



Sec. 1427.4  Submissions from interested parties.

    Prior to issuance of a general statement of policy or guidance the 
Board, as it deems appropriate, will afford an opportunity to interested 
parties to express their views orally or in writing.



Sec. 1427.5  Standards governing issuance of general statements of policy or guidance.

    In deciding whether to issue a general statement of policy or 
guidance, the Board shall consider:
    (a) Whether the question presented can more appropriately be 
resolved by other means;
    (b) Where other means are available, whether a Board statement would 
prevent the proliferation of cases involving the same or similar 
question;
    (c) Whether the resolution of the question presented would have 
general applicability under the Foreign Service Labor-Management 
Relations Statute.
    (d) Whether the question currently confronts parties in the context 
of a labor-management relationship;
    (e) Whether the question is presented jointly by the parties 
involved; and
    (f) Whether the issuance by the Board of a general statement of 
policy or guidance on the question would promote constructive and 
cooperative labor-management relationships in the Foreign Service and 
would otherwise promote the purposes of the Foreign Service Labor-
Management Relations Statute.



PART 1428--ENFORCEMENT OF ASSISTANT SECRETARY STANDARDS OF CONDUCT DECISIONS AND ORDERS--Table of Contents




Sec.
1428.1  Scope.
1428.2  Petitions for enforcement.
1428.3  Board decision.

    Authority: 22 U.S.C. 4107(c).

    Source: 46 FR 45875, Sept. 15, 1981, unless otherwise noted.



Sec. 1428.1  Scope.

    This part sets forth procedures under which the Board, pursuant to 
22 U.S.C. 4107(a)(5) enforce decisions and orders of the Assistant 
Secretary in standards of conduct matters arising under 5 U.S.C. 7120.



Sec. 1428.2  Petitions for enforcement.

    (a) The Assistant Secretary may petition the Board to enforce any 
Assistant Secretary decision and order in a standards of conduct case 
arising under 22 U.S.C. 4117. The Assistant Secretary shall transfer to 
the Board the record in the case, including a copy of the transcript if 
any, exhibits, briefs, and other documents filed with the Assistant 
Secretary. A copy of the petition for enforcement shall be served on the 
labor organization against which such order applies.
    (b) An opposition to Board enforcement of any such Assistant 
Secretary decision and order may be filed by the labor organization 
against which such

[[Page 576]]

order applies twenty (20) days from the date of service of the petition, 
unless the Board, upon good cause shown by the Assistant Secretary, sets 
a shorter time for filing such position. A copy of the opposition to 
enforcement shall be served on the Assistant Secretary.



Sec. 1428.3  Board decision.

    (a) A decision and order of the Assistant Secretary shall be 
enforced unless it is arbitrary and capricious or based upon manifest 
disregard of the law.
    (b) The Board shall issue its decision on the case enforcing, 
enforcing as modified, refusing to enforce, or remanding the decision 
and order of the Assistant Secretary.



PART 1429--MISCELLANEOUS AND GENERAL REQUIREMENTS--Table of Contents




                        Subpart A--Miscellaneous

Sec.
1429.1  Transfer of cases to the Board.
1429.2  Transfer and consolidation of cases.
1429.3  Transfer of record.
1429.4  Referral of policy questions to the Board.
1429.5  Matters not previously presented; official notice.
1429.6  Oral argument.
1429.7  Subpoenas.
1429.8  Stay of action taken by Grievance Board; requests.
1429.9  Amicus curiae.
1429.10  Advisory opinions.
1429.11  Interlocutory appeals.
1429.12  Service of process and papers by the Board.
1429.13  Official time.
1429.14  Witness fees.
1429.15  Board requests for advisory opinions.
1429.16  General remedial authority.

                     Subpart B--General Requirements

1429.21  Computation of time for filing papers.
1429.22  Additional time after service by mail.
1429.23  Extension; waiver.
1429.24  Place and method of filing; acknowledgement.
1429.25  Number of copies.
1429.26  Other documents.
1429.27  Service; statement of service.
1429.28  Petitions for amendment of regulations.

    Authority: 22 U.S.C. 4107(c).

    Source: 46 FR 45876, Sept. 15, 1981, unless otherwise noted.



                        Subpart A--Miscellaneous



Sec. 1429.1  Transfer of cases to the Board.

    (a) In any representation case under part 1422 of this subchapter in 
which the Regional Director determines, based upon a stipulation by the 
parties, that no material issue of fact exists, the Regional Director 
may transfer the case to the Board; and the Board may decide the case on 
the basis of the papers alone after having allowed twenty-five (25) days 
for the filing of briefs. In any unfair labor practice case under part 
1423 of this subchapter in which, after the issuance of a complaint, the 
Regional Director determines, based upon a stipulation by the parties, 
that no material issue of fact exists, the Regional Director may upon 
agreement of all parties transfer the case to the Board; and the Board 
shall decide the case on the basis of the case papers alone after having 
allowed twenty-five (25) days for the filing of briefs. The Board may 
remand any such case to the Regional Director if it determines that a 
material question of fact does exist. Orders of transfer and remand 
shall be served on all parties.
    (b) In any case under parts 1422 and 1423 of this subchapter in 
which it appears to the Regional Director that the proceedings raise 
questions which should be decided by the Board, the Regional Director 
may, at any time, issue an order transferring the case to the Board for 
decision or other appropriate action. Such an order shall be served on 
the parties.



Sec. 1429.2  Transfer and consolidation of cases.

    In any matter arising pursuant to parts 1422 and 1423 of this 
subchapter, whenever it appears necessary in order to effectuate the 
purposes of the Foreign Service Labor-Management Relations Statute or to 
avoid unnecessary costs or delay, Regional Directors may consolidate 
cases within their own region or may transfer such cases to any other 
region, for the purpose of investigation or consolidation with any 
proceedings which may have been instituted in, or transferred to, such 
region.

[[Page 577]]



Sec. 1429.3  Transfer of record.

    In any case under part 1425 of this subchapter, upon request by the 
Board, the parties jointly shall transfer the record in the case, 
including a copy of the transcript, if any, exhibits, briefs and other 
documents filed with the Grievance Board, to the Board.



Sec. 1429.4  Referral of policy questions to the Board.

    Notwithstanding the procedures set forth in this subchapter, the 
General Counsel, the Assistant Secretary, or the Panel may refer for 
review and decision or general ruling by the Board any case involving a 
major policy issue that arises in a proceeding before any of them. Any 
such referral shall be in writing and a copy of such referral shall be 
served on all parties to the proceeding. Before decision or general 
ruling, the Board shall obtain the views of the parties and other 
interested persons, orally or in writing, as it deems necessary and 
appropriate.



Sec. 1429.5  Matters not previously presented; official notice.

    The Board will not consider evidence offered by a party, or any 
issue, which was not presented in the proceedings before the Regional 
Director, Hearing Officer, Administrative Law Judge, or Grievance Board. 
The Board may, however, take official notice of such matters as would be 
proper.



Sec. 1429.6  Oral argument.

    The Board or the General Counsel, in their discretion, may request 
or permit oral argument in any matter arising under this subchapter 
under such circumstances and conditions as they deem appropriate.



Sec. 1429.7  Subpoenas.

    (a) Any member of the Board, the General Counsel, any Administrative 
Law Judge appointed by the Board under 5 U.S.C. 3105, and any Regional 
Director, Hearing Officer, or other employee of the Board designated by 
the Board may issue subpoenas requiring the attendance and testimony of 
witnesses and the production of documentary or other evidence. However, 
no subpoena shall be issued under this section which requires the 
disclosure of intramanagement guidance, advice, counsel, or training 
within an agency or between an agency and the Office of Personnel 
Management.
    (b) Where the parties are in agreement that the appearance of 
witnesses or the production of documents is necessary, and such 
witnesses agree to appear, no such subpoena need be sought.
    (c) A request for a subpoena by any person, as defined in 22 U.S.C. 
4102 shall be in writing and filed with the Regional Director, in 
proceedings arising under parts 1422 and 1423 of this subchapter, or 
filed with the Board, in proceedings arising under parts 1424 and 1425 
of this subchapter, not less than fifteen (15) days prior to the opening 
of a hearing, or with the appropriate presiding official(s) during the 
hearing.
    (d) All requests shall name and identify the witnesses or documents 
sought, and state the reasons therefor. The Board, General Counsel, 
Administrative Law Judge, Regional Director, Hearing Officer, or any 
other employee of the Board designated by the Board, as appropriate, 
shall grant the request upon the determination that the testimony or 
documents appear to be necessary to the matters under investigation and 
the request describes with sufficient particularity the documents 
sought. Service of an approved subpoena is the responsibility of the 
party on whose behalf the subpoena was issued. The subpoena shall show 
on its face the name and address of the party on whose behalf the 
subpoena was issued.
    (e) Any person served with a subpoena who does not intend to comply, 
shall, within five (5) days after the date of service of the subpoena 
upon such person, petition in writing to revoke the subpoena. A copy of 
any petition to revoke a subpoena shall be served on the party on whose 
behalf the subpoena was issued. Such petition to revoke, if made prior 
to the hearing, and a written statement of service, shall be filed with 
the Regional Director, who may refer the petition to the Board, General 
Counsel, Administrative Law Judge, Hearing Officer, or any other 
employee of the Board designated by the Board, as appropriate, for 
ruling. A petition to revoke a subpoena filed during the hearing, and a 
written statement of

[[Page 578]]

service, shall be filed with the appropriate presiding official(s). The 
Regional Director, or the appropriate presiding official(s) will, as a 
matter of course, cause a copy of the petition to revoke to be served on 
the party on whose behalf the subpoena was issued, but shall not be 
deemed to assume responsibility for such service. The Board, General 
Counsel, Administrative Law Judge, Regional Director, Hearing Officer, 
or any other employee of the Board designated by the Board, as 
appropriate, shall revoke the subpoena if the evidence the production of 
which is required does not relate to any matter under investigation or 
in question in the proceedings, or the subpoena does not describe with 
sufficient particularity the evidence the production of which is 
required, or if for any other reason sufficient in law the subpoena is 
invalid. The Board, General Counsel, Administrative Law Judge, Regional 
Director, Hearing Officer, or any other employee of the Board designated 
by the Board, as appropriate, shall make a simple statement of 
procedural or other ground for the ruling on the petition to revoke. The 
petition to revoke, any answer thereto, and any ruling thereon shall not 
become part of the official record except upon the request of the party 
aggrieved by the ruling.
    (f) Upon the failure of any person to comply with a subpoena issued, 
upon the request of the party on whose behalf the subpoena was issued, 
the General Counsel shall, on behalf of such party, institute 
proceedings in the appropriate district court for the enforcement 
thereof, unless, in the judgment of the General Counsel, the enforcement 
of such subpoena would be inconsistent with law and the policies of the 
Foreign Service Labor-Management Relations Statute. The General Counsel 
shall not be deemed thereby to have assumed responsibility for the 
effective prosecution of the same before the court thereafter.



Sec. 1429.8  Stay of action taken by Grievance Board; requests.

    (a) A request for a stay shall be entertained only in conjunction 
with and as a part of an exception to an action taken by the Grievance 
Board under part 1425 of this subchapter. The filing of an exception 
shall not itself operate as a stay of the action involved in the 
proceedings.
    (b) A timely request for a stay of an action taken by the Grievance 
Board to which an exception has been filed shall operate as a temporary 
stay of the award. Such temporary stay shall be deemed effective from 
the date of the action and shall remain in effect until the Board issues 
its decision and order on the exception, or the Board or its designee 
otherwise acts with respect to the request for the stay.
    (c) A request for a stay of an action taken by the Grievance Board 
will be granted only where it appears, based upon the facts and 
circumstances presented, that:
    (1) There is a strong likelihood of success on the merits of the 
appeal; and
    (2) A careful balancing of all the equities, including the public 
interest, warrants issuance of a stay.



Sec. 1429.9  Amicus curiae.

    Upon petition of an interested person, a copy of which petition 
shall be served on the parties, and as the Board deems appropriate, the 
Board may grant permission for the presentation of written and/or oral 
argument at any stage of the proceedings by an amicus curiae and the 
parties shall be notified of such action by the Board.



Sec. 1429.10  Advisory opinions.

    The Board and the General Counsel will not issue advisory opinions.



Sec. 1429.11  Interlocutory appeals.

    The Board and the General Counsel ordinarily will not consider 
interlocutory appeals.



Sec. 1429.12  Service of process and papers by the Board.

    (a) Methods of service. Notices of hearings, reports and findings, 
decisions of Administrative Law Judges, complaints, written rulings on 
motions, decisions and orders, and all other papers required by this 
subchapter to be issued by the Board, the General Counsel, Regional 
Directors, Hearing Officers and Administrative Law Judges,

[[Page 579]]

shall be served personally or by certified mail or by telegraph.
    (b) Upon whom served. All papers required to be served under 
paragraph (a) of this section shall be served upon all counsel of record 
or other designated representative(s) of parties, and upon parties not 
so represented. Service upon such counsel or representative shall 
constitute service upon the party, but a copy also shall be transmitted 
to the party.
    (c) Proof of service. Proof of service shall be the verified return 
by the individual serving the papers setting forth the manner of such 
service, the return post office receipt, or the return telegraph 
receipt. When service is by mail, the date of service shall be the day 
when the matter served is deposited in the United States mail. When 
service is to be made to an addressee outside the United States, the 
date of service shall be the date received, as evidenced by official 
receipt.



Sec. 1429.13  Official time.

    If the participation of any employee in any phase of any proceeding 
before the Board, including the investigation of unfair labor practice 
charges and representation petitions and the participation in hearings 
and representation elections, is deemed necessary by the Board, the 
General Counsel, any Administrative Law Judge, Regional Director, 
Hearing Officer, or other agent of the Board designated by the Board, 
such employee shall be granted official time for such participation, 
including necessary travel time, as occurs during the employee's regular 
work hours and when the employee would otherwise be in a work or paid 
leave status. In addition, necessary transportation and per diem 
expenses shall be paid by the Department.



Sec. 1429.14  Witness Fees.

    (a) Witnesses (whether appearing voluntarily, or under a subpoena) 
shall be paid the fee and mileage allowances which are paid subpoenaed 
witnesses in the courts of the United States: Provided, That any witness 
who is employed by the Federal Government shall not be entitled to 
receive witness fees in addition to compensation received pursuant to 
Sec. 1429.13.
    (b) Witness fees and mileage allowances shall be paid by the party 
at whose instance the witnesses appear, except when the witness receives 
compensation pursuant to (the preceding section).



Sec. 1429.15  Board requests for advisory opinions.

    (a) Whenever the Board, pursuant to section 1007(c)(2)(f) of the 
Foreign Service Act of 1980 (22 U.S.C. 4107) requests an advisory 
opinion from the Director of the Office of Personnel Management 
concerning the proper interpretation of rules, regulations, or policy 
directives issued by that Office in connection with any matter before 
the Board, a copy of such request, and any response thereto, shall be 
served upon the parties in the matter.
    (b) The parties shall have fifteen (15) days from the date of 
service a copy of the response of the Office of Personnel Management to 
file with the Board comments on that response which the parties wish the 
Board to consider before reaching a decision in the matter. Such 
comments shall be in writing and copies shall be served upon the parties 
in the manner and upon the Office of Personnel Management.



Sec. 1429.16  General remedial authority.

    The Board shall take any actions which are necessary and appropriate 
to administer effectively the provisions of chapter 41 of title 22 of 
the United States Code.



                     Subpart B--General Requirements



Sec. 1429.21  Computation of time for filing papers.

    In computing any period of time prescribed by or allowed by this 
subchapter, except in agreement bar situations described in 
Sec. 1422.3(c) of this subchapter, the day of the act, event, or default 
from or after which the designated period of time begins to run, shall 
not be included. The last day of the period so computed is to be 
included unless it is a Saturday, Sunday, or a Federal legal holiday in 
which event the period shall run until the end of the next day which is 
neither a Saturday, Sunday, or a Federal legal holiday: Provided, 
however, In agreement

[[Page 580]]

bar situations described in Sec. 1422.3 (c) and (d), if the sixtieth 
(60th) day prior to the expiration date of an agreement falls on 
Saturday, Sunday or a Federal legal holiday, a petition, to be timely, 
must be received by the close of business of the last official workday 
preceding the sixtieth (60th) day. When the period of time prescribed or 
allowed is seven (7) days or less, intermediate Saturdays, Sundays, and 
Federal legal holidays shall be excluded from the computations. When 
this subchapter requires the filing of any paper, such document must be 
received by the Board or the officer or agent designated to receive such 
matter before the close of business on the last day of the time limit, 
if any, for such filing or extension of time that may have been granted.



Sec. 1429.22  Additional time after service by mail.

    Whenever a party has the right or is required to do some act 
pursuant to this subchapter within a prescribed period after service of 
a notice or other paper upon such party, and the notice or paper is 
served on such party by mail, five (5) days shall be added to the 
prescribed period.



Sec. 1429.23  Extension; waiver.

    (a) Except as provided in paragraph (d) of this section, the Board 
or General Counsel, or their designated representatives, as appropriate, 
may extend any time limit provided in this subchapter for good cause 
shown, and shall notify the parties of any such extension. Requests for 
extensions of time shall be filed in writing no later than five (5) days 
before the established time limit for filing, shall state the position 
of the other parties on the request for extension, and shall be served 
on the other parties.
    (b) Except as provided in paragraph (d) of this section, the Board 
or General Counsel, or their designated representatives, as appropriate, 
may waive any expired time limit in this subchapter in extraordinary 
circumstances. Request for a waiver of time limits shall state the 
position of the other parties and shall be served on the other parties.
    (c) The time limits established in this subchapter may not be 
extended or waived in any manner other than that described in this 
subchapter.
    (d) The time limits prescribed by 22 U.S.C. 4114(c) may not be 
waived.



Sec. 1429.24  Place and method of filing; acknowledgement.

    (a) A document submitted to the Board pursuant to this subchapter 
shall be filed with the Board at the address set forth in appendix A to 
this chapter XIV.
    (b) A document submitted to the General Counsel pursuant to this 
subchapter shall be filed with the General Counsel at the address set 
forth in appendix A.
    (c) A document submitted to a Regional Director pursuant to this 
subchapter shall be filed with the appropriate regional office, as set 
forth in appendix A.
    (d) A document submitted to an Administrative Law Judge pursuant to 
this subchapter shall be filed with the appropriate Administrative Law 
Judge, as set forth in appendix A.
    (e) All documents filed pursuant to paragraphs (a), (b), (c) and (d) 
of this section shall be filed by certified mail or in person, or if the 
filing party is outside the United States, by the most appropriate 
available means.
    (f) All matters filed under paragraphs (a), (b), (c) and (d) of this 
section shall be printed, typed, or otherwise legibly duplicated: Carbon 
copies of typewritten matter will be accepted if they are clearly 
legible.
    (g) Documents in any proceedings under this subchapter, including 
correspondence, shall show the title of the proceeding and the case 
number, if any.
    (h) The original of each document required to be filed under this 
subchapter shall be signed by the party or by an attorney or 
representative of record for the party, or by an officer of the party, 
and shall contain the address and telephone number of the person signing 
it.
    (i) A return postal receipt may serve as acknowledgement of receipt 
by the Board, General Counsel, Administrative Law Judge, Regional 
Director, or Hearing Officer, as appropriate. The receiving officer will 
otherwise acknowledge receipt of documents filed only

[[Page 581]]

when the filing party so requests and includes an extra copy of the 
document or its transmittal letter which the receiving office will date 
stamp upon receipt and return. If return is to be made by mail, the 
filing party shall include a self-addressed, stamped envelope for the 
purpose.



Sec. 1429.25  Number of copies.

    Unless otherwise provided by the Board or the General Counsel, or 
their designated representatives, as appropriate, or under this 
subchapter, any document or paper filed with the Board, General Counsel, 
Administrative Law Judge, Regional Director, or Hearing Officer, as 
appropriate, under this subchapter, together with any enclosure filed 
therewith, shall be submitted in an original and four (4) copies. A 
clean copy capable of being used as an original for purposes such as 
further reproduction may be substituted for the original.



Sec. 1429.26  Other documents.

    (a) The Board or the General Counsel, or their designated 
representatives, as appropriate, may in their discretion grant leave to 
file other documents as they deem appropriate.
    (b) A copy of such other documents shall be served on the other 
parties.



Sec. 1429.27  Service; statement of service.

    (a) Except as provided in Sec. 1423.10 (c) and (d), any party filing 
a document as provided in this subchapter is responsible for serving a 
copy upon all counsel of record or other designated representative(s) of 
parties, upon parties not so represented, and upon any interested person 
who has been granted permission by the Board pursuant to Sec. 1429.9 to 
present written and/or oral argument as amicus curiae. Service upon such 
counsel or representative shall constitute service upon the party, but a 
copy also shall be transmitted to the party.
    (b) Service of any document or paper under this subchapter, by any 
party, including documents and papers served by one party on another, 
shall be made by certified mail or in person. A return post office 
receipt or other written receipt executed by the party or person served 
shall be proof of service.
    (c) A signed and dated statement of service shall be submitted at 
the time of filing. The statement of service shall include the names of 
the parties and persons served, their addresses, the date of service, 
the nature of the document served, and the manner in which service was 
made.
    (d) The date of service or date served shall be in the day when the 
matter served is deposited in the U.S. mail or is delivered in person. 
When service is to be made to an addressee outside the United States, 
the date of service shall be the date received, as evidenced by official 
receipt.



Sec. 1429.28  Petitions for amendment of regulations.

    Any interested person may petition the Board or General Counsel in 
writing for amendments to any portion of these regulations. Such 
petition shall identify the portion of the regulations involved and 
provide the specific language of the proposed amendment together with a 
statement of grounds in support of such petition.

[[Page 582]]



          SUBCHAPTER D--FOREIGN SERVICE IMPASSE DISPUTES PANEL





PART 1470--GENERAL--Table of Contents




                           Subpart A--Purpose

Sec.
1470.1  Purpose.

                         Subpart B--Definitions

1470.2  Definitions.

    Authority: 22 U.S.C. 4107(c), 4110.

    Source: 46 FR 45879, Sept. 15, 1981, unless otherwise noted.



                           Subpart A--Purpose



Sec. 1470.1  Purpose.

    The regulations contained in this subchapter are intended to 
implement the provisions of section 4110 of title 22 of the United 
States Code. They prescribed procedures and methods which the Foreign 
Service Impasse Disputes Panel may utilize in the resolution of 
negotiation impasses.



                         Subpart B--Definitions



Sec. 1470.2  Definitions.

    (a) The term Department as used herein shall have the meaning set 
forth in 22 U.S.C. 3902 and 4103, and Sec. 1421.4 of subchapter C of 
these regulations.
    (b) The terms labor organization, and conditions of employment as 
used herein shall have the meanings set forth in 22 U.S.C. 4102.
    (c) The term Executive Director means the Executive Director of the 
Federal Service Impasse Panel as defined in 5 U.S.C. 7119(c).
    (d) The terms designated representative or designee of the Panel 
means a Panel member, a staff member, or other individual designated by 
the Panel to act on its behalf pursuant to 22 U.S.C. 4110(c)(1).
    (e) The term hearing means a factfinding hearing, arbitration 
hearing, or any other hearing procedure deemed necessary to accomplish 
the purposes of 22 U.S.C. 4110.
    (f) The term impasse means that point in the negotiation of a 
collective bargaining agreement at which the parties are deadlocked, 
notwithstanding their efforts to reach agreement by direct negotiations 
and other voluntary arrangements, if any.
    (g) The term Panel means the Foreign Service Impasse Disputes Panel 
described in 22 U.S.C. 4110(a) or a quorum thereof.
    (h) The term party means the Department or the labor organization 
participating in the negotiation of a collective bargaining agreement.
    (i) The term quorum means three (3) or more members of the Panel.
    (j) The term voluntary arrangements means any appropriate technique, 
not inconsistent with the provisions of 22 U.S.C. 4110, used by the 
parties to assist in the negotiation of a collective bargaining 
agreement.



PART 1471--PROCEDURES OF THE PANEL--Table of Contents




Sec.
1471.1  Request for Panel consideration.
1471.2  Content of request.
1471.3  Where to file.
1471.4  Copies and service.
1471.5  Investigation of request; Panel recommendation and assistance.
1471.6  Preliminary hearing procedures.
1471.7  Conduct of hearing and prehearing conference.
1471.8  Report and recommendations.
1471.9  Duties of each party following receipt of recommendations.
1471.10  Final action by the Panel.
Appendix A to Chapter XIV--Current Addresses and Geographic 
          Jurisdictions
Appendix B to Chapter XIV--Memorandum Describing the Authority and 
          Assigned Responsibilities of the General Counsel of the 
          Federal Labor Relations Authority Under the Foreign Service 
          Labor-Management Relations Statute

    Authority: 22 U.S.C. 4107(c), 4110.

    Source: 46 FR 45879, Sept. 15, 1981, unless otherwise noted.



Sec. 1471.1  Request for Panel consideration.

    If direct negotiations and other voluntary arrangements for 
settlement, if any, fail to resolve a negotiation impasse:

[[Page 583]]

    (a) Either party, or the parties jointly, may request the Panel to 
consider the matter by filing a request as hereinafter provided; or
    (b) The Panel may, pursuant to 22 U.S.C. 4110(a), undertake 
consideration of the matter upon request of the Executive Director.



Sec. 1471.2  Content of request.

    A request from a party or parties to the Panel for consideration of 
an impasse must be in writing and include the following information:
    (a) Identification of the parties and individuals authorized to act 
on their behalf;
    (b) Statement of issues at impasse and the summary of positions of 
the initiating party or parties with respect to those issues; and
    (c) Number, length, and dates of negotiation sessions held, 
including the nature and extent of all other voluntary arrangements 
utilized.



Sec. 1471.3  Where to file.

    Requests to the Panel provided for in this part, and inquiries or 
correspondence on the status of impasses or other related matters, 
should be directed to the Executive Director, Federal Service Impasses 
Panel, Suite 209, 1730 K Street NW., Washington, D.C. 20006.



Sec. 1471.4  Copies and service.

    Any party submitting a request for Panel consideration of an impasse 
and any party submitting a response to such requests shall file an 
original and one copy with the Panel, shall serve a copy promptly on the 
other party to the dispute, and shall file a statement of such service 
with the Executive Director. When the Panel acts on a request from the 
Executive Director, it will notify the parties to the dispute.



Sec. 1471.5  Investigation of request; Panel recommendation and assistance.

    Upon receipt of a request for consideration of an impasse, the Panel 
or its designee will promptly conduct an investigation. After due 
consideration, the Panel shall either:
    (a) Decline to assert jurisdiction in the event that it finds that 
no impasse exists or that there is other good cause for not asserting 
jurisdiction, in whole or in part, and so advise the parties in writing, 
stating its reasons; or
    (b) Recommend to the parties procedures, including but not limited 
to arbitration, for the resolution of the impasse and/or assist them in 
resolving the impasse through whatever methods and procedures the Panel 
considers appropriate.



Sec. 1471.6  Preliminary hearing procedures.

    When the Panel determines that a hearing is necessary under 
Sec. 1471.5 it will:
    (a) Appoint one or more of its designees to conduct such hearing; 
and
    (b) Issue and serve upon each of the parties a notice of hearing and 
a notice of prehearing conference, if any. The notice will state (1) the 
names of the parties to the dispute; (2) the date, time, place, type, 
and purpose of the hearing; (3) the date, time, place, and purpose of 
the prehearing conference, if any; (4) the name of the designated 
representative appointed by the Panel; and (5) the issues to be 
resolved.



Sec. 1471.7  Conduct of hearing and prehearing conference.

    (a) A designated representative of the Panel, when so appointed to 
conduct a hearing, shall have the authority on behalf of the Panel to:
    (1) Administer oaths, take the testimony or deposition of any person 
under oath, receive other evidence, and issue subpoenas;
    (2) Conduct the hearing in open or in closed session at the 
discretion of the designated representative for good cause shown;
    (3) Rule on motions and requests for appearance of witnesses and the 
production of records;
    (4) Designate the date on which posthearing briefs, if any, shall be 
submitted (an original and one (1) copy of each brief, accompanied by a 
statement of service, shall be submitted to the designated 
representative of the Panel with a copy to the other party); and
    (5) Determine all procedural matters concerning the hearing, 
including the length of sessions, conduct of persons in attendance, 
recesses, continuances, and adjournments; and take any other

[[Page 584]]

appropriated procedural action which, in the judgment of the designated 
representative, will promote the purpose and objectives of the hearing.
    (b) A prehearing conference may be conducted by the designated 
representative of the Panel in order to:
    (1) Inform the parties of the purpose of the hearing and the 
procedures under which it will take place;
    (2) Explore the possibilities of obtaining stipulations of fact;
    (3) Clarify the positions of the parties with respect to the issues 
to be heard; and
    (4) Discuss any other relevant matters which will assist the parties 
in the resolution of the dispute.
    (c) An official reporter shall make the only official transcript of 
a hearing. Copies of the official transcript may be examined and copied 
at the Office of the Executive Director in accordance with part 1411 of 
this chapter.



Sec. 1471.8  Report and recommendations.

    (a) When a report is issued after a hearing conducted pursuant to 
Secs. 1471.6 and 1471.7, it normally shall be in writing and, when 
authorized by the Panel, shall contain recommendations.
    (b) A report of the designated representative containing 
recommendations shall be submitted to the parties, with two (2) copies 
to the Executive Director, within a period normally not to exceed thirty 
(30) calendar days after receipt of the transcript or briefs, if any.
    (c) A report of the designated representative not containing 
recommendations shall be submitted to the Panel with a copy to each 
party within a period normally not to exceed thirty (30) calendar days 
after receipt of the transcript or briefs, if any. The Panel shall then 
take whatever action it may consider appropriate or necessary to resolve 
the impasse.



Sec. 1471.9  Duties of each party following receipt of recommendations.

    (a) Within thirty (30) days after receipt of a report containing 
recommendations of the Panel or its designated representative, each 
party shall, after conferring with the other, either:
    (1) Accept the recommendations and so notify the Executive Director; 
or
    (2) Reach a settlement of all unresolved issues and submit a written 
settlement statement to the Executive Director; or
    (3) Submit a written statement to the Executive Director setting 
forth the reasons for not accepting the recommendations and for not 
reaching a settlement of all unresolved issues.
    (b) A reasonable extension of time may be authorized by the 
Executive Director for good cause shown when requested in writing by 
either party prior to the expiration of the time limits.
    (c) All papers submitted to the Executive Director under this 
section shall be filed in duplicate, along with a statement of service 
showing that a copy has been served on the other party to the dispute.



Sec. 1471.10  Final action by the Panel.

    (a) If the parties do not arrive at a settlement as a result of or 
during action taken under Secs. 1471.5(a)(2), 1471.6, 1471.7, 1471.8, 
and 1471.9, the Panel may take whatever action is necessary and not 
inconsistent with 22 U.S.C. 4110 to resolve the impasse, including but 
not limited to methods and procedures which the Panel considers 
appropriate, such as directing the parties to accept a factfinder's 
recommendations, ordering binding arbitration conducted according to 
whatever procedure the Panel deems suitable, and rendering a binding 
decision.
    (b) In preparation for taking such final action, the Panel may hold 
hearings, administer oaths, take the testimony or deposition of any 
person under oath, and issue subpoenas as provided in 22 U.S.C. 
4110(c)(2), or it may appoint or designate one or more individuals 
pursuant to 22 U.S.C. 4110(c)(1) to exercise such authority on its 
behalf.
    (c) When the exercise of authority under this section requires the 
holding of a hearing, the procedure contained in Sec. 1471.7 shall 
apply.
    (d) Notice of any final action of the Panel shall be promptly served 
upon the parties, and the action shall be binding on such parties during 
the term of the agreement, unless they agree otherwise.

[[Page 585]]

    (e) All papers submitted to the Executive Director under this 
section shall be filed in duplicate, along with a statement of service 
showing that a copy has been served on the other party to the dispute.

      Appendix A to Chapter XIV--Current Addresses and Geographic 
                              Jurisdictions

(a) The Office address of the Board is as follows: 1900 E Street, NW., 
          Room 7469, Washington, DC 20424. Telephone: Office of 
          Executive Director, FTS--254-9595; Commercial--(202) 254-9595. 
          Office of Operations, FTS--254-7362; Commercial--(202) 254-
          7362
(b) The Office address of the General Counsel is as follows: 1900 E 
          Street, NW., Room 7469, Washington, DC 20424. Telephone: FTS--
          632-6264; Commercial--(202) 632-6264
(c) The Office address of the Chief Administrative Law Judge is as 
          follows: 1111 20th Street, NW., Room 416, Washington, DC 
          20036. Telephone: FTS--653-7375; Commercial--(202) 653-7375
(d) The Office addresses of Regional Directors of the Authority are as 
          follows:
    (1) Boston Regional Office, 441 Stuart Street, 9th Floor, Boston, MA 
02116. Telephone: FTS--223-0920; Commercial--(617) 223-0920
    (2) New York Regional Office, 26 Federal Plaza, Room 241, New York, 
NY 10278. Telephone: FTS--264-4934; Commercial--(212) 264-4934
    (i) Philadelphia Sub-Regional Office, 325 Chestnut Street, Mall 
Building, Room 5000, Philadelphia, PA 19106. Telephone: FTS--597-1527; 
Commercial--(215) 597-1527
    (3) Washington Regional Office, 1133 15th Street, NW., Suite 300, 
Washington, DC 20005. Telephone: FTS--653-8452; Commercial--(202) 653-
8452
    (4) Atlanta Regional Office, 1776 Peachtree Street, NW., Suite 501, 
North Wing, Atlanta, GA 30309. Telephone: FTS--257-2324; Commercial--
(404) 881-2324 or 881-2325
    (5) Chicago Regional Office, 175 W. Jackson Blvd., Suite 1359-A, 
Chicago, IL 60604. Telephone: FTS--886-3468 or 886-3469; Commercial--
(312) 353-6306
    (i) Cleveland Sub-Regional Office, 1301 Superior Avenue, Suite 230, 
Cleveland, OH 44114. Telephone: FTS--293-2114; Commercial--(216) 522-
2114
    (6) Dallas Regional Office, Downtown Post Office Station, Bryan and 
Ervay Streets, P.O. Box 2640, Dallas, TX 75221. Telephone: FTS--729-
4996; Commercial--(214) 767-4996
    (7) Kansas City Regional Office, City Center Square, 1100 Main 
Street, Suite 680, Kansas City, MO 64105. Telephone: FTS--758-2199; 
Commercial--(816) 374-2199
    (i) Denver Sub-Regional Office, 1531 Stout Street, Suite 301, 
Denver, CO 80202. Telephone: FTS--327-5224; Commercial--(303) 837-5224
    (8) Los Angeles Regional Office, 350 So. Figueroa Street, 10th 
Floor, World Trade Center, Los Angeles, CA 90071. Telephone: FTS--798-
3805; Commercial--(213) 688-3805
    (i) Honolulu Sub-Regional Office, Room 3206, 300 Alamoana Blvd., 
Honolulu, Hawaii 96850. Telephone: FTS--556-0220 through San Francisco 
FTS Operator; Commercial--(808) 546-8355
    (9) San Francisco Regional Office, 530 Bush Street, Room 542, San 
Francisco, CA 94108. Telephone: FTS--556-8105; Commercial--(415) 556-
8105
(e) The Office address of the Panel is as follows: 1730 K Street, NW., 
          Suite 209, Washington, DC 20006. Telephone: FTS--653-7078; 
          Commercial--(202) 653-7078
(f) The geographic jurisdictions of the Regional Directors of the 
          Authority, are as follows:

                                                                        
         State or other locality                  Regional office       
                                                                        
      Alabama                              Atlanta                      
      Alaska                               San Francisco                
      Arizona                              Los Angeles                  
      Arkansas                             Dallas                       
      California                           Los Angeles/San Francisco1   
      Colorado                             Kansas City                  
      Connecticut                          Boston                       
      Delaware                             New York                     
      District of Columbia                 Washington, DC               
      Florida                              Atlanta                      
      Georgia                              Atlanta                      
      Hawaii and all land and water areas  Los Angeles                  
       west of the continents of North                                  
       and South America (except coastal                                
       islands) to long. 90\1/4\E                                       
      Idaho                                San Francisco                
      Illinois                             Chicago                      
      Indiana                              Chicago                      
      Iowa                                 Kansas City                  
      Kansas                               Kansas City                  
      Kentucky                             Atlanta                      
      Louisiana                            Dallas                       
      Maine                                Boston                       
      Maryland                             Washington, DC               
      Massachusetts                        Boston                       
      Michigan                             Chicago                      
      Minnesota                            Chicago                      
      Mississippi                          Atlanta                      
      Missouri                             Kansas City                  
      Montana                              Kansas City                  
      Nebraska                             Kansas City                  
      Nevada                               San Francisco                
      New Hampshire                        Boston                       
      New Jersey                           New York                     
      New Mexico                           Dallas                       
      New York                             Boston/New York2             
      North Carolina                       Atlanta                      
      North Dakota                         Kansas City                  

[[Page 586]]

                                                                        
      Ohio                                 Chicago                      
      Oklahoma                             Dallas                       
      Oregon                               San Francisco                
      Pennsylvania                         New York                     
      Puerto Rico                          New York                     
      Rhode Island                         Boston                       
      South Carolina                       Atlanta                      
      South Dakota                         Kansas City                  
      Tennessee                            Atlanta                      
      Texas                                Dallas                       
      Utah                                 Kansas City                  
      Vermont                              Boston                       
      Virginia                             Washington, DC/Atlanta\3\    
      Washington                           San Francisco                
      West Virginia                        Washington, DC               
      Wisconsin                            Chicago                      
      Wyoming                              Kansas City                  
      Virgin Islands                       New York                     
      Panama/Limited FLRA jurisdiction     Dallas                       
      All land and water areas east of     Washington                   
       the continents of North and South                                
       America to long. 90\1/4\E, except                                
       the Virgin Islands, Panama                                       
       (limited FLRA jurisdiction),                                     
       Puerto Rico and coastal islands                                  
                                                                        
\1\San Francisco includes the following California counties: Monterey,  
  Kings, Tulare, Inyo, and all counties north thereof. All counties in  
  California south thereof are within the Los Angeles jurisdiction.     
\2\New York includes the following counties: Ulster, Sullivan, Greene,  
  Columbia and all counties south thereof. All counties in New York     
  state north thereof are in the jurisdiction of Boston.                
\3\Washington, DC includes the following counties in Virginia:          
  Alexandria, Fairfax, Fauquier, Loudoun and Prince William. All other  
  counties within Virginia are in the jurisdiction of Atlanta.          

[46 FR 45881, Sept. 15, 1981]

   Appendix B to Chapter XIV--Memorandum Describing the Authority and 
 Assigned Responsibilities of the General Counsel of the Federal Labor 
Relations Authority Under the Foreign Service Labor-Management Relations 
                                 Statute

The statutory authority and responsibility of the General Counsel of the 
Federal Labor Relations Board are stated in section 4108 subsections 
(1), (2) and (3), of the Foreign Service Labor-Management Relations 
Statute as follows:

             Section 4108  Functions of the General Counsel

    The General Counsel may--
    (A) investigate alleged unfair labor practices under this chapter,
    (B) file and prosecute complaints under this chapter, and
    (C) exercise such other powers of the Board as the Board may 
prescribe.
    This memorandum is intended to describe the statutory authority and 
set forth the prescribed duties and authority of the General Counsel of 
the Federal Labor Relations Authority under the Foreign Service Statute, 
effective February 15, 1981.
    I. Case handling--A. Unfair labor practice cases. The General 
Counsel has full and final authority and responsibility, on behalf of 
the Board, to accept and investigate charges filed, to enter into and 
approve the informal settlement of charges, to approve withdrawal 
requests, to dismiss charges, to determine matters concerning the 
consolidation and severance of cases before complaint issues, to issue 
complaints and notices of hearing, to appear before Administrative Law 
Judges in hearings on complaints and prosecute as provided in the 
Board's and the General Counsel's rules and regulations, and to initiate 
and prosecute injunction proceedings as provided for in section 4109(d) 
of the Foreign Service Statute. After issuance of the Administrative Law 
Judge's decision, the General Counsel may file exceptions and briefs and 
appear before the Board in oral argument, subject to the Board's and the 
General Counsel's rules and regulations.
    B. Compliance actions (injunction proceedings). The General Counsel 
is authorized and responsible, on behalf of the Board, to seek and 
effect compliance with the Board's orders and make such compliance 
reports to the Board as it may from time to time require.

On behalf of the Board, the General Counsel will, in full accordance 
with the directions of the Board, initiate and prosecute injunction 
proceedings as provided in section 4109(d) of the Foreign Service 
Statute: Provided however, That the General Counsel will initiate and 
conduct injunction proceedings under section 4109(d) of the Foreign 
Service Statute only upon approval of the Board.
    C. Representation cases. The General Counsel is authorized and has 
responsibility, on behalf of the Board, to receive and process, in 
accordance with the decisions of the Board and with such instructions 
and rules and regulations as may be issued by the Board from time to 
time, all petitions filed pursuant to sections 4111 and 4118(c) of the 
Foreign Service Statute. The General Counsel is also authorized and has 
responsibility to supervise or conduct elections pursuant to section 
4111 of the Foreign Service Statute

[[Page 587]]

and to enter into consent election agreements in accordance with section 
4111(g) of the Foreign Service Statute.
The authority and responsibility of the General Counsel in 
representation cases shall extend, in accordance with the rules and 
regulations of the Board and the General Counsel, to all phases of the 
investigation through the conclusion of the hearing (if a hearing should 
be necessary to resolve disputed issues), but all matters involving 
decisional action after such hearings are reserved by the Board to 
itself. In the event a direction of election should issue by the Board, 
the authority and responsibility of the General Counsel, as herein 
prescribed, shall attach to the conduct of the ordered election, the 
initial determination of the validity of challenges and objections to 
the conduct of the election and other similar matters, except that if 
appeals shall be taken from the General Counsel's action on the validity 
of challenges and objections, such appeals will be directed to and 
decided by the Board in accordance with its procedural requirements. If 
challenged ballots would not affect the election results and if no 
objections are filed within five days after the conduct of the Board-
directed election under the provisions of section 4111 of the Foreign 
Service Statute, the General Counsel is authorized and has 
responsibility, on behalf of the Board, to certify to the parties the 
results of the election in accordance with regulations prescribed by the 
Board and the General Counsel.

Appeals from the refusal of the General Counsel to issue a notice of 
hearing, from the conclusions contained in a report and findings issued 
by the General Counsel, or from the dismissal by the General Counsel of 
any petition, will be directed to and decided by the Board, in 
accordance with its procedural requirements.

In processing election petitions filed pursuant to section 4111 of the 
Foreign Service Statute and petitions filed pursuant to section 4118(c) 
of the Foreign Service Statute, the General Counsel is authorized to 
conduct an appropriate investigation as to the authenticity of the 
prescribed showing of interest and, upon making a determination to 
proceed, where appropriate, to supervise or conduct a secret ballot 
election or certify the validity of a petition for determination of 
eligibility for dues allotment. After an election, if there are no 
challenges or objections which require a hearing by the Board, the 
General Counsel shall certify the results thereof, with appropriate 
copies lodged in the Washington, DC, files of the Board.S8010
    II. Liaison with other governmental agencies. The General Counsel is 
authorized and has responsibility, on behalf of the Board, to maintain 
appropriate and adequate liaison and arrangements with the Office of the 
Assistant Secretary of Labor for Labor-Management Relations with 
reference to the financial and other reports required to be filed with 
the Assistant Secretary pursuant to section 4117 of the Foreign Service 
Statute and the availability to the Board and the General Counsel of the 
contents thereof. The General Counsel is authorized and has 
responsibility, on behalf of the Board, to maintain appropriate and 
adequate liaison with the Foreign Service Grievance Board with respect 
to functions which may be performed by the Foreign Service Grievance 
Board.
    III. To the extent that the above-described duties, powers and 
authority rest by statute with the Board, the foregoing statement 
constitutes a prescription and assignment of such duties, powers and 
authority, whether or not so specified.

[46 FR 45882, Sept. 15, 1981]

[[Page 589]]





               CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION




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

Part                                                                Page
1500            Sunshine regulations........................         590
1501            Organization................................         592
1502            Availability of records.....................         594
1503            Official seal...............................         596
1504            Employee responsibilities and conduct.......         598
1506            Collection of claims........................         598
1507            Rules safeguarding personal information.....         600
1508            Governmentwide debarment and suspension 
                    (nonprocurement) and governmentwide 
                    requirements for drug-free workplace 
                    (grants)................................         605
1510            Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the African 
                    Development Foundation..................         624

[[Page 590]]



PART 1500--SUNSHINE REGULATIONS--Table of Contents




Sec.
1500.1  Purpose and scope.
1500.2  Policy.
1500.3  Definitions.
1500.4  Open meetings.
1500.5  Grounds on which meetings may be closed.
1500.6  Procedure for announcing meetings.
1500.7  Procedure for closing meetings.
1500.8  Changing the time and place of, and reconsideration of opening 
          or closing a meeting.
1500.9  Transcripts, recording of closed meetings.

    Authority: 5 U.S.C. 552b.
    Source: 48 FR 55842, Dec. 16, 1983, unless otherwise noted.



Sec. 1500.1  Purpose and scope.

    The purpose of this part is to effectuate the provisions of the 
Government in the Sunshine Act. These procedures apply to meetings of 
the Board of Directors of the African Development Foundation.



Sec. 1500.2  Policy.

    It is the policy of the African Development Foundation to provide 
the public with the fullest practical information regarding its 
decision-making process, while protecting the rights of individuals and 
the ability of the Foundation to carry out its responsibilities.



Sec. 1500.3  Definitions.

    As used in this part:
    Board or Board of Directors means the collegial body that conducts 
the business of the African Development Foundation as specified in title 
V, section 507 of the International Security and Development Cooperation 
Act of 1980, Pub. L. 96-533 (22 U.S.C. 290 h-5).
    Meeting means the deliberations of a quorum of the Directors of the 
Foundation required to take action on behalf of the Foundation where 
such deliberations determine or result in the joint conduct or 
disposition of official Foundation business, but does not apply to 
deliberations to take action to open or close a meeting. (See 
Sec. 1500.5.)
    Member means an individual who belongs to the ADF Board of 
Directors.
    Public Observation means attendance at any meeting but does not 
include participation, or attempted participation, in such meeting in 
any manner.



Sec. 1500.4  Open meetings.

    (a) Members shall not jointly conduct or dispose of Foundation 
business other than in accordance with these procedures. Every portion 
of every meeting of the Board of Directors shall be open to public 
observation, subject to the exceptions provided in Sec. 1500.5.
    (b) The Secretary of the Foundation shall be responsible for 
assuring that ample space, sufficient visibility, and adequate acoustics 
are provided for public observation of meetings of the Board of 
Directors.



Sec. 1500.5  Grounds on which meetings may be closed.

    (a) The Foundation shall open every portion of every meeting of the 
Foundation for public observation, except where the Foundation 
determines that such portion or portions of its meeting or the 
disclosure of such information is likely to:
    (1) Disclose matters that are:
    (i) Specifically authorized under criteria established by an 
executive order to be kept secret in the interests of national defense 
on foreign policy, and
    (ii) In fact properly classified pursuant to such executive order;
    (2) Relate solely to the internal personnel rules and practice of 
the Foundation;
    (3) Disclose matters specifically exempted from disclosure by 
statute, provided that such statute:
    (i) Requires that the matters be withheld from the public in such 
manner as to leave no discretion on the issue, or
    (ii) Has established practical criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Disclose trade secrets and commercial or financial information 
which has been obtained from a person and is privileged or confidential;
    (5) Involve accusing any person of a crime, or formally censuring 
any person;
    (6) Disclose information of a personal nature where disclosure would 
constitute a clearly unwarrented invasion of personal privacy;
    (7) Disclose investigatory records compiled for law enforcement 
purposes,

[[Page 591]]

or information which if written would be contained in such records, but 
only to the extent that the production of such records or information 
would:
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to fair trial or an impartial 
adjudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source,
    (v) Disclose investigative techniques and procedures, or
    (vi) Endanger the life or physical safety of law enforcement 
personnel;
    (8) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed agency 
action. This shall not apply in any instance where the Foundation has 
already disclosed to the public the content or nature of its proposed 
action or where the Foundation is required by law to make such 
disclosure on its own initiative prior to taking final Foundation action 
on such proposal;
    (9) Specifically concern the Foundation's issuance of a subpoena; 
the Foundation's participation in a civil action or proceeding, or an 
arbitration; or an action in a foreign court or international tribunal; 
or the initiation, conduct, or disposition by the Foundation of a 
particular case of formal agency adjudication pursuant to the procedures 
in section 554 of title 5 of the United States Code, or otherwise 
involving a determination on the record after an opportunity for a 
hearing.
    (b) Meetings of the Board of Directors shall not be closed pursuant 
to paragraph (a) of this section when the Foundation finds that the 
public interest requires that they be open.



Sec. 1500.6  Procedure for announcing meetings.

    (a) In the case of each meeting of the Board of Directors, the 
Foundation shall make public, at least one week before the meeting, the 
following information:
    (1) Time of the meeting;
    (2) Place of the meeting;
    (3) Subject matter of the meeting;
    (4) Whether the meeting or parts thereof are to be open or closed to 
the public; and
    (5) The name and telephone number of the person designated by the 
Board to respond to requests for information about the meeting.
    (b) The period of one week for the public announcement required by 
paragraph (a) of this section may be reduced if a majority of the Board 
of Directors of the Foundation determines by a recorded vote that the 
Foundation requires that such a meeting be called at an earlier date, in 
which case the Foundation shall make public announcement of the time, 
place, and subject matter of such meeting, and whether open or closed to 
the public, at the earliest practicable time.
    (c) Immediately following the public announcement, the Foundation 
shall publish the announcement in the Federal Register.
    (d) The earliest practicable time, as used in this subsection, means 
as soon as possible, which should not be later than the commencement of 
the meeting or portion in question.
    (e) The Secretary of the Foundation shall use reasonable means to 
assure that the public is fully informed by the public announcements 
required by this section. Such public announcements may be made by 
posting notices in the public areas of the Foundation's headquarters and 
mailing notices to the persons on a list maintained for those who want 
to receive such announcements.



Sec. 1500.7  Procedure for closing meetings.

    (a) Action to close a meeting or a portion thereof, pursuant to the 
exemptions set forth in Sec. 1500.5, shall be taken only when:
    (1) A majority of the membership of the Foundation's Board of 
Directors votes to take such action. That vote shall determine whether 
or not any portion or portions of a meeting or portions of a series of 
meetings may be

[[Page 592]]

closed to public, obervation for any of the reasons provided in 
Sec. 1500.5 and whether or not the public interest nevertheless requires 
that portion of the meeting or meetings remain open. A single vote may 
be taken with respect to a series of meetings, a portion or portions of 
which are proposed to be closed to the public, or with respect to any 
information concerning such series of meetings, so long as each meeting 
in such series involves the same particular matters and is scheduled to 
be held no more than thirty days after the initial meeting in such 
series. The vote of each Board member participating in such vote shall 
be recorded, and no proxies shall be allowed.
    (2) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the Foundation close such portion 
to the public for any of the reasons referred to in Sec. 1500.5 (a) (5), 
(6), or (7), the Foundation, upon request of any one of its Board 
members, shall take a recorded vote whether to close such portion of the 
meeting.
    (b) Within one day of any vote taken, the Foundation shall make 
publicly available a written copy of such vote, reflecting the vote of 
each member on the question, and a full written explanation of the 
action to close a portion of or the entire meeting, together with a list 
of persons expected to attend the meeting and their affiliations.
    (c) For every closed meeting, the General Counsel of the Foundation 
shall publicly certify prior to a Board of Directors' vote on closing 
the meeting that, in his or her opinion, the meeting may be closed to 
the public, and shall state each relevant exemptive provision. A copy of 
such certification, together with a statement from the presiding officer 
of the meeting setting forth the time and place of the meeting and the 
persons present, shall be retained by the Foundation.



Sec. 1500.8  Changing the time and place of, and reconsideration of opening or closing a meeting.

    The time or place of a Board meeting may be changed following the 
public announcement only if the Foundation publicly announces such 
change at the earliest practicable time. The subject matter of a 
meeting, or the determination of the Foundation to open or close a 
meeting, or portion of a meeting, to the public, may be changed 
following the public announcement only if a majority of the Board of 
Directors determines by a recorded vote that Foundation business so 
requires and that no earlier announcement of the change was possible, 
and the Foundation publicly announces such change and the vote of each 
member upon change at the earliest practicable time.



Sec. 1500.9  Transcripts, recording of closed meetings.

    (a) The Foundation shall maintain a complete transcript or 
electronic recording adequate to record fully the proceedings of each 
meeting, or portion of a meeting, closed to the public.
    (b) The Foundation, after review by the General Counsel, shall make 
promptly available to the public in a place easily accessible to the 
public the transcript or electronic recording of the discussion of any 
item on the agenda, or any item of the testimony of any witness received 
at the Board meeting, except for such item or items of discussion or 
testimony as the Foundation determines to contain information which may 
be withheld under Sec. 1500.5. Copies of such transcript, or a 
transcription of such recording, disclosing the identify of each 
speaker, shall be furnished to any person at the actual cost of 
duplication or transcription. The Foundation shall maintain a complete 
verbatim copy of the transcript or a complete electronic recording of 
each meeting, or portion of a meeting, closed to the public, for a 
period of at least two years after such meeting, or until one year after 
the conclusion of any Foundation proceeding with respect to which the 
meeting or portion was held, whichever occurs later.



PART 1501--ORGANIZATION--Table of Contents




                Substantive Rule of General Applicability

Sec.
1501.1  Introduction.
1501.2  Background.
1501.3  Description of central organization and location of offices.
1501.4  Availability of information pertaining to Foundation operations.

[[Page 593]]

1501.5  Substantive rules of general applicability.

    Authority: 22 U.S.C. 290h; 5 U.S.C. 552.

    Source: 50 FR 18861, May 3, 1985, unless otherwise noted.



                Substantive Rule of General Applicability



Sec. 1501.1  Introduction.

    The regulations of this part are issued pursuant to the provisions 
of the Freedom of Information Act, 5 U.S,C. 552.



Sec. 1501.2  Background.

    (a) The African Development Foundation (``ADF'') is a wholly-owned 
corporation of the United States Government, created by the African 
Development Foundation Act (title V, Pub. L. 96-533, 94 Stat. 3151 (22 
U.S.C. 290h)). It is a non-profit, non-stock issuing, tax-exempt 
corporation, and is subject to title I of the Government Corporation 
Control Act (31 U.S.C. 9101 et seq.).
    (b) The primary function of ADF is to extend financial assistance in 
the form of grants, loans and loan guarantees to African private and 
public entities to support self-help activities at the local level in 
African countries, and to fund development research by Africans. 
Priority shall be given to projects which community groups undertake to 
foster their own development and which involve maximum feasible 
participation of the poor. The maximum assistance which may be extended 
for a single project is $250,000.



Sec. 1501.3  Description of central organization and location of offices.

    (a) The management of ADF is vested in a Board of Directors 
(hereinafter referred to as the ``Board'') consisting of a Chairperson, 
a Vice Chairperson and five other members appointed by the President, by 
and with the advice and consent of the Senate. Five of the members are 
appointed from private life and two from among the officers and 
employees of agencies of the United States concerned with African 
affairs. The Board establishes policy for the Foundation and is 
responsible for its management.
    (b) The Board is required to appoint a President of the Foundation 
upon such terms as it may determine. The President has responsibility 
for directing the day to day activities of the Foundation. He is 
assisted by a Vice President, a Congressional liaison officer, a Public 
Affairs officer, a General Counsel, and the following staff units:
    (1) Office of Administration and Finance. This office is responsible 
for the management of the administrative, budgeting, financial and 
personnel activities of the Foundation.
    (2) Office of Research and Evaluation. This office is responsible 
for evaluating, or assisting grantees to evaluate, ADF funded projects; 
for monitoring evaluations and analyses of grassroots projects conducted 
by other funding or research organizations; and for identifying and 
providing assistance to indigenous researchers in Africa working in 
development projects at the local level.
    (3) Office of Program and Field Operations. This office is 
responsible for identifying, reviewing and monitoring projects funded by 
the Foundation.
    (c) The Board is also required to establish an Advisory Council made 
up of individuals knowledgeable about development activities in Africa, 
and to consult with the Council at least once each year. The Council 
shall have not more than 25 members appointed for a period of two years 
with an option to be reappointed for an additional year.
    (d) The Board of Directors and the aforementioned officers, together 
with the other employees of the Foundation, constitute the central 
organization of ADF, and are located and function at ADF headquarters, 
1724 Massachusetts Avenue NW., Suite 200, Washington, DC 20036. It is 
anticipated that in the future a field organization will be established 
with offices in selected cities in Africa, but this has not yet 
occurred.



Sec. 1501.4  Availability of information pertaining to Foundation operations.

    Rules of procedure and forms used for the funding of ADF projects 
may be obtained upon application to the Office of Program and Field 
Operations at ADF headquarters, 1724 Massachusetts Avenue NW., Suite 
200, Washington, DC 20036.

[[Page 594]]



Sec. 1501.5  Substantive rules of general applicability.

    ADF's regulations published under the provisions of the 
Administrative Procedure Act are found in chapter XV of title 22 of the 
Code of Federal Regulations and the Federal Register. These regulations 
are supplemented from time to time by amendments appearing initially in 
the Federal Register.



PART 1502--AVAILABILITY OF RECORDS--Table of Contents




Sec.
1502.1  Introduction.
1502.2  Definitions.
1502.3  Access to Foundation records.
1502.4  Written requests.
1502.5  Records available at the Foundation.
1502.6  Records of other Departments and Agencies.
1502.7  Fees.
1502.8  Exemptions.
1502.9  Processing of requests.
1502.10  Judicial review.

    Authority: 5 U.S.C. 552 and 22 U.S.C. 290h-4.

    Source: 50 FR 28933, July 17, 1985, unless otherwise noted.



Sec. 1502.1  Introduction.

    (a) It is the policy of the African Development Foundation that 
information about its operations, procedures, and records be freely 
available to the public in accordance with the provisions of the Freedom 
of Information Act.
    (b) The Foundation will make the fullest possible disclosure of its 
information and identifiable records consistent with the provisions of 
the Act and the regulations in this part.
    (c) The Director of Administration and Finance (A&F) shall be 
responsible for the Foundation's compliance with the processing 
requirements of the Freedom of Information Act.



Sec. 1502.2  Definitions.

    As used in this part, the following words have the meanings set 
forth below:
    (a) Act means the Act of June 5, 1967, sometimes referred to as the 
``Freedom of Information Act'' or the Public Information Section of the 
Administrative Procedure Act, as amended, Pub. L. 90-23, 81 Stat. 54, 
codified at 5 U.S.C. 552.
    (b) Foundation means the African Development Foundation.
    (c) President means the President of the Foundation.
    (d) Record(s) includes all books, papers, or other documentary 
materials made or received by the Foundation in connection with the 
transaction of its business which have been preserved or are appropriate 
for preservation by the Foundation as evidence of its organization, 
functions, policies, decisions, procedures, operations, or other 
activities, or because of the informational value of the data contained 
therein. Library or other material acquired and preserved solely for 
reference or exhibition purposes, and stocks of publications and other 
documents provided by the Foundation to the public in the normal course 
of doing business are not included within the definition of the word 
``records.'' The latter will continue to be made available to the public 
without charge.



Sec. 1502.3  Access to Foundation records.

    Any person desiring to have access to Foundation records may call or 
apply in person between the hours of 10 a.m. and 4 p.m. on weekdays 
(holidays excluded) at the Foundation offices at 1724 Massachusetts 
Avenue, NW., Suite 200, Washington, DC 20036. Requests for access should 
be made to the Director of A&F, at the Foundation offices. If request is 
made for copies of any record, the Office of A&F will assist the person 
making such request in seeing that such copies are provided according to 
the rules in this part.



Sec. 1502.4  Written requests.

    In order to facilitate the processing of written requests, every 
petitioner should:
    (a) Address his or her request to: Director, Administration and 
Finance Division, African Development Foundation, 1724 Massachusetts 
Avenue, NW., Suite 200, Washington, DC 20036.

Both the envelope and the request itself should be clearly marked: 
``Freedom of Information Act Request.''
    (b) Identify the desired record by name, title, author, a brief 
description,

[[Page 595]]

or number, and date, as applicable. The identification should be 
specific enough so that a record can be identified and found without 
unreasonably burdening or disrupting the operations of the Foundation. 
Blanket requests or requests for ``the entire file of'' or ``all matters 
relating to'' a specified subject will not be accepted. If the 
Foundation determines that a request does not reasonably describe the 
records sought, the requestor shall be advised what additional 
information is needed or informed why the request is insufficient.
    (c) Include a check or money order to the order of the ``African 
Development Foundation'' covering the appropriate search and copying 
fees, or a request for determination of the fee and a promise to pay any 
amount over $3.00 in connection with the FOIA request.



Sec. 1502.5  Records available at the Foundation.

    The Administration and Finance Division will make available for 
public inspection and copying, to the extent not authorized to be 
withheld, the following works or classes of information:
    (a) A copy of Foundation regulations, including those published in 
title 22 of the Code of Federal Regulations or of any other title of the 
Code.
    (b) Statements of policy and interpretations which have been adopted 
by the Foundation and which are not published in the Federal Register.
    (c) Administrative staff manuals and instructions to staff that 
affect a member of the public;
    (d) Any indexes providing identifying information regarding any 
record described in paragraphs (b) and (c) of this section.
    (e) Brochures and other printed materials describing the 
Foundation's activities.



Sec. 1502.6  Records of other departments and agencies.

    Requests for records which have been originated by, or are primarily 
the concerns of, another U.S. Department or Agency will be forwarded to 
the particular department or agency involved, and the petitioner so 
notified. In response to requests for records or publications published 
by the Government Printing Office or other government printing activity, 
the Foundation will refer the petitioner to the appropriate sales office 
and refund any fee payments which accompanied the request.



Sec. 1502.7  Fees.

    (a) When charged. Fees shall be charged in accordance with the 
schedules contained in paragraph (b) of this section for services 
rendered in responding to requests for Foundation records under this 
sub-part unless the Director of A&F determines that such charges, or a 
portion thereof, are not in the public interest because furnishing the 
information primarily benefits the general public. Fees shall also not 
be charged where they would amount, in the aggregate, for a request or 
series of related requests, to less than $3. Ordinarily, fees shall not 
be charged if the records requested are not found, or if located, are 
withheld as exempt.
    (b) Services charged for and amount charged. For the services listed 
below expended in locating or making available records or copies 
thereof, the following charges shall be assessed:
    (1) Copies. For copies $.10 per copy of each page.
    (2) Clerical searches. For each one quarter hour spent by clerical 
personnel in excess of the first quarter hour in searching for and 
producing requested records, $2.30.
    (3) Non-routine, non-clerical searches. Where the task of 
determining which records fall within a request and collecting them 
requires the time of professional or managerial personnel, and where the 
time required is substantial, for each one quarter hour spent in excess 
of the first quarter hour, $5.40. No charge shall be made for the time 
spent in resolving legal or policy issues affecting access to records of 
known contents.
    (4) Other charges. When a response to a request requires services or 
materials other than those described in paragraphs (b) (1) through (3) 
of this section, the direct cost of such services to the Foundation may 
be charged, providing the requestor has been given an estimate of such 
cost before it is incurred.
    (c) Revision of schedule. The fee schedule will be revised from time 
to time, without notice, to assure recovery of

[[Page 596]]

actual costs of rendering information services to any person. The 
revised schedule will be available without charge.



Sec. 1502.8  Exemptions.

    The following categories are examples of records which, if 
maintained by the Foundation, may be exempted from disclosure under 5 
U.S.C. 552(b):
    (a) Records specifically required by executive order to be exempt 
from disclosure in the interest of the national defense or foreign 
policy which properly classified pursuant to such executive order;
    (b) Records related solely to the internal personnel rules and 
practices of the Foundation;
    (c) Records specifically exempted from disclosure by statute (other 
than 5 U.S.C. 552b), providing that such statute (1) requires that the 
matter be withheld from the public in such a manner as to leave no 
discretion, or (2) establishes criteria for withholding or refers to 
particular types of matters to be withheld;
    (d) Trade secrets and commercial or financial information obtained 
from any person which is privileged or confidential;
    (e) Interagency or intra-agency memoranda or letters which would not 
be available by law to a private party in litigation with the 
Foundation;
    (f) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (g) Investigatory files (including security investigation files and 
files concerning the conduct of employees) compiled for law enforcement 
purposes, except to the extent available by law to a private party.

The Foundation will not honor requests for exempt records or 
information.



Sec. 1502.9  Processing of requests.

    (a) Processing. A person who has made a written request for records 
which meets the requirements of Sec. 1502.4 shall be informed by the 
Director of A&F within ten working days of receipt of the Foundation's 
decision whether to deny or grant access to the records.
    (b) Denials. If the Director of A&F, with the concurrence of the 
General Counsel, denies a request for records, the requestor will be 
informed of the name and title of the official responsible for the 
denial, the reasons for it, and the right to appeal the decision to the 
President of the Foundation within 15 working days of receipt of the 
denial. The President shall determine any appeal within 20 days of 
receipt and notify the requestor within the time period of the decision. 
If the decision is to uphold the denial, the requestor will be informed 
of the reasons for the decision and of the right to a judicial review of 
the decision in the federal courts.
    (c) Extension of time. Where it is reasonably necessary to the 
proper processing of requests, the time required to respond to an FOIA 
request or an appeal may be extended for an additional 10 working days 
upon written notification to the requestor providing the reasons for the 
extension.



Sec. 1502.10  Judicial review.

    On complaint, the district court of the United States in the 
district in which the complainant resides, or has his/her principal 
place of business, or in which the agency records are situated, or in 
the District of Columbia, has jurisdiction to enjoin the Foundation from 
withholding Foundation records, and to order the production of any 
agency records improperly withheld from the complainant (5 U.S.C. 
552(a)(4)(B)).



PART 1503--OFFICIAL SEAL--Table of Contents




Sec.
1503.1  Authority.
1503.2  Description.
1503.3  Custody and authorization to affix.

    Authority: Pub. L. 95-533, 94 Stat. 3131 (22 U.S.C. 290h 4(2)(3)).

    Source: 50 FR 18634, May 2, 1985, unless otherwise noted.



Sec. 1503.1  Authority.

    Pursuant to section 506(a)(3) of Pub. L. 96-533, the African 
Development Foundation official seal and design thereof, which 
accompanies and is made part of this document, is hereby

[[Page 597]]

adopted, approved, and judicially noticed.



Sec. 1503.2  Description.

    The official seal of the African Development Foundation is described 
as follows:
    (a) Forming an outer circle is a ring of type in dark blue capital 
letters spelling the words ``AFRICAN DEVELOPMENT FOUNDATION--UNITED 
STATES OF AMERICA;''
    (b) Within that circle is an inner circle with the stylized letters 
ADF in dark blue superimposed on a light grey background.
    (c) The official seal of the African Development Foundation when 
reproduced in black and white and when embossed, is as it appears below.
[GRAPHIC] [TIFF OMITTED] TC13OC91.009



Sec. 1503.3  Custody and authorization to affix.

    (a) The seal is the official emblem of the African Development 
Foundation and its use is therefore permitted only as provided in this 
part.
    (b) The seal shall be kept in the custody of the General Counsel, or 
any other person he authorizes, and should be affixed by him, the 
Chairman of the Board of Directors, or the President of the African 
Development Foundation

[[Page 598]]

to authenticate records of the Foundation and for other official 
purposes. The General Counsel may redelegate and authorize redelegation 
of this authority.
    (c) The President of the African Development Foundation shall 
designate and prescribe by internal written delegation and policies the 
use of the seal for other publication and display purposes and those 
Foundation officials authorized to affix the seal for these purposes.
    (d) Use by any person or organization outside of the Foundation may 
be made only with the Foundation's prior written approval. Such request 
must be made in writing to the General Counsel.



PART 1504--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents




    Authority: 5 U.S.C. 7301.

    Source: 61 FR 6507, Feb. 21, 1996.



Sec. 1504.1  Cross-references to employee ethical conduct standards and financial disclosure regulations.

    Directors and other employees of the African Development Foundation 
are subject to the Standards of Ethical Conduct for Employees of the 
Executive Branch at 5 CFR part 2635, and the executive branch financial 
disclosure regulations at 5 CFR part 2634.



PART 1506--COLLECTION OF CLAIMS--Table of Contents




Sec.
1506.1  Purpose.
1506.2  Applicability of Federal Claims Collection Standards.
1506.3  Subdivision of claims.
1506.4  Late payment, penalty and administrative charges.
1506.5  Demand for payment.
1506.6  Collection by offset.
1506.7  Disclosures to consumer reporting agencies and contracts with 
          collection agencies.

    Authority: 31 U.S.C. 3711, and 4 CFR parts 101 through 105.

    Source: 53 FR 5567, Feb. 25, 1988, unless otherwise noted.



Sec. 1506.1  Purpose.

    These regulations prescribe the procedures to be used by the African 
Development Foundation (ADF) in the collection of claims owed to the 
African Development Foundation and to the United States.



Sec. 1506.2  Applicability of Federal Claims Collection Standards.

    Except as otherwise provided by law, the African Development 
Foundation will conduct administrative actions to collect claims 
(including offset, compromise, suspension, termination, disclosure and 
referral) in accordance with the Federal Claim Collection Standards 
(``FCCS'') of the General Accounting Office and Department of Justice, 4 
CFR parts 101-105.



Sec. 1506.3  Subdivision of claims.

    A debtor's liability arising from a particular contract or 
transaction shall be considered a single claim for purposes of the 
monetary ceilings of the FCCS.



Sec. 1506.4  Late payment, penalty and administrative charges.

    (a) Except as otherwise provided by statute, loan agreement or 
contract, the African Development Foundation will assess:
    (1) Late payment charges (interest) on unpaid claims at the prompt 
payment interest rate established by the Secretary of the Treasury as 
the current value of funds to the United States Treasury.
    (2) Penalty charges at 6 percent a year on any portion of a claim 
that is delinquent for more than 90 days.
    (3) Administrative charges to cover the costs of processing and 
calculating delinquent claims.
    (b) Late payment charges shall be computed from the date of mailing 
or hand delivery of the notice of the claim and interest requirements.
    (c) Waiver. (1) Late payment charges are waived on any claim or any 
portion of a claim which is paid within 30 days after the date on which 
late payment charges begin to accrue.
    (2) The 30 day period may be extended on a case-by-case basis if it 
is determined that an extension is appropriate.

[[Page 599]]

    (3) The African Development Foundation may waive late payment, 
penalty and administrative charges under the FCCS criteria for the 
compromise of claims (4 CFR part 103), or upon a determination that 
collection of the charges would be against equity and good conscience or 
not in the best interest of the United States, including for example:
    (i) Pending consideration of a request for reconsideration, 
administrative review or waiver under a permissive statute,
    (ii) If repayment of the full amount of the debt is made after the 
date upon which interest and other charges become payable and the 
estimated costs of recovering the residual balance exceeds the amount 
owed, or
    (iii) If collection of interest or other charges would jeopardize 
collection of the principal of the claim.



Sec. 1506.5  Demand for payment.

    (a) A total of three progressively stronger written demands at 
approximately 30-day intervals will normally be made, unless a response 
or other information indicates that additional written demands would 
either be unnecessary or futile. When necessary to protect the 
Government's interest, written demand may be preceded by other 
appropriate actions under the Federal Claims Collection Standards, 
including immediate referral for litigation and/or offset.
    (b) The initial written demand for payment shall inform the debtor 
of:
    (1) The basis for the claim;
    (2) The amount of the claim;
    (3) The date when payment is due, 30 days, from date of mailing or 
hand delivery of the intial demand for payment;
    (4) The provision for late payment (interest), penalty and 
administrative charges, if payment is not received by the due date.



Sec. 1506.6  Collection by offset.

    (a) Collection by administrative offset will be undertaken only on 
claims which are liquidated or certain in amount. Offset will be used 
whenever feasible and not otherwise prohibited. Offset is not required 
to be used in every instance and consideration should be given to the 
debtor's financial condition and the impact of offset on Foundation 
activities.
    (b) The procedures for offset in this part do not apply to the 
offset of Federal salaries under 5 U.S.C. 5514.
    (c) Before offset is made, the Foundation will provide the debtor 
with written notice informing the debtor of:
    (1) The nature and amount of the claim;
    (2) The intent of the Foundation to collect by administrative 
offset, including asking the assistance of the other Federal agencies to 
help in the offset whenever possible, if the debtor has not made payment 
by the payment due date or has not made an arrangement for payment by 
the payment due data;
    (3) The right of the debtor to inspect and copy the records of the 
Foundation related to the claim;
    (4) The right of the debtor to a review of the claim within the 
Foundation. If the claim is disputed in full or part, the debtor shall 
respond to the demand in writing by making a request to the billing 
office for a review of the claim within the Foundation by the payment 
due date stated in the notice. The debtor's written response shall state 
the basis for the dispute. If only part of the claim is disputed, the 
undisputed portion must be paid by the date stated in the notice to 
avoid late payment, penalty and administrative charges. If the African 
Development Foundation later sustains or amends its determination, it 
shall notify the debtor of its intent to collect the claim, with any 
adjustments based on the debtor's response, by administrative offset, 
unless payment is received within 30 days of the mailing of the 
notification of its decision following a review of the claim.
    (5) The right of the debtor to offer to make a written agreement to 
repay the amount of the claim.
    (6) The notice of offset need not include the requirements of 
paragraph (c) (3), (4) or (5) of this section if the debtor has been 
informed of the requirements at an earlier stage in the administrative 
proceedings, e.g., if they were included in a final contracting 
officer's decision.
    (d) The African Development Foundation will promptly make requests 
for

[[Page 600]]

offset to other agences known to be holding funds payable to a debtor 
and, when appropriate, place the name of the debtor on the ``List of 
Contractors Indebted to the United States.'' The African Development 
Foundation will provide instructions to the collecting agency for the 
transfer of funds.
    (e) The African Development Foundation will promptly process 
requests for offset from other agencies and transfer funds to the 
requesting Foundation upon receipt of the written certification required 
by Sec. 102.3 of the FCCS.



Sec. 1506.7  Disclosure to consumer reporting agencies and contracts with collection agencies.

    (a) The African Development Foundation may disclose delinquent 
debts, other than delinquent debts of current Federal employees, to 
consumer reporting agencies in accordance with 31 U.S.C. 3711(f) and the 
FCCS.
    (b) The African Development Foundation may enter into contracts with 
collection agencies in accordance with 31 U.S.C. 3718 and the FCCS.



PART 1507--RULES SAFEGUARDING PERSONAL INFORMATION--Table of Contents




Sec.
1507.1  Purpose.
1507.2  General policies.
1507.3  Definitions.
1507.4  Conditions of disclosure.
1507.5  Accounting for disclosure of records.
1507.6  Access to records.
1507.7  Contents of record systems.
1507.8  Fees.
1507.9  Judicial review.
1507.10  Exemptions.
1507.11  Mailing list.
1507.12  Criminal penalties.
1507.13  Reports.

    Authority: 5 U.S.C. 522a.
    Source: 53 FR 40411, Oct. 17, 1988, unless otherwise noted.



Sec. 1507.1  Purpose.

    The purpose of this part is to set forth the basic policies of the 
African Development Foundation (``the Foundation'' or ``ADF'') governing 
the maintenance of systems of records containing personal information as 
defined in the Privacy Act of 1974 (5 U.S.C. 552a).



Sec. 1507.2  General policies.

    It is the policy of the Foundation to safeguard the right of privacy 
of any individual as to whom the Foundation maintains personal 
information in any records system, and to provide such individuals with 
appropriate and complete access to such records, including adequate 
opportunity to correct any errors in said records. It is further the 
policy of the Foundation to maintain its records in such a fashion that 
the information contained therein is, and remains, material and relevant 
to the purposes for which it is collected. Information in such records 
will be collected, maintained, used or disseminated in a manner that 
assures that such action is for a necessary and lawful purpose, and that 
adequate safeguards are provided to prevent misuse of such information. 
Exemptions from records requirements provided in 5 U.S.C. 552a will be 
permitted only where an important public policy need for such exemptions 
has been determined pursuant to specific statutory authority.



Sec. 1507.3  Definitions.

    (a) Record means any document, collection, or grouping of 
information about an individual maintained by the Foundation, including 
but not limited to information regarding education, financial 
transactions, medical history, criminal or employment history, or any 
other personal information which contains the name or personal 
identification number, symbol, photograph, or other identifying 
particular assigned to such individual, such as a finger or voiceprint.
    (b) System of Records means a group of any records under the control 
of the Foundation from which information is retrieved by use of the name 
of an individual or by some identifying particular assigned to the 
individual.
    (c) Routine Use means, with respect to the disclosure of a record, 
the use of such record for a purpose which is compatible with the 
purpose for which it was collected.
    (d) The term Foundation means the African Development Foundation or 
any component thereof.
    (e) The term individual means any citizen of the United States or an 
alien

[[Page 601]]

lawfully admitted to permanent residence.
    (f) The term maintain includes the maintenance, collection, use or 
dissemination of any record.
    (g) The term Act means the Privacy Act of 1974 (5 U.S.C. 552a) as 
amended from time to time.



Sec. 1507.4  Conditions of disclosure.

    The Foundation will not disclose any record contained in a system of 
records by any means of communication to any person or any other agency 
except by written request or prior written consent of the individual to 
whom the record pertains or his or her agent or attorney, unless such 
disclosure is:
    (a) To those officers and employees of the Foundation who have a 
need for the records in the official performance of their duties;
    (b) Required under the Freedom of Information Act (5 U.S.C. 552);
    (c) For a routine use of the record compatible with the purpose for 
which it was collected;
    (d) To the Bureau of the Census for purpose of planning or carrying 
out a census or survey or related activity pursuant to title 13, United 
States Code;
    (e) To a recipient who has provided the Foundation with advance 
adequate written assurance that the record will be used solely as a 
statistical research or reporting record, and the record is to be 
transferred to a form that is not individually identifiable;
    (f) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the U.S. Government, or for evaluation by the 
Administrator of General Services, or designee, to determine whether the 
record has such value;
    (g) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authorized 
by law, and if the head of the agency or instrumentality has made a 
written request to the Foundation specifying the particular portion 
desired and the law enforcement activity for which the record is sought;
    (h) To a person, pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual, if, promptly following 
such disclosure, notification is transmitted to the last known address 
of the individual to whom the record pertains;
    (i) To either House of Congress, or, to the extent of matters within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
    (j) To the Comptroller General, or any authorized representative, in 
the course of the performance of the duties of the General Accounting 
Office; or
    (k) Pursuant to the order of a court of competent jurisdiction. If 
any record disclosed under compulsory legal process is subsequently made 
public by the court which issued it, the Foundation must make a 
reasonable effort to notify the individual to whom the record pertains 
of such disclosure.
    (l) To consumer reporting agencies as defined in 31 U.S.C. 370(a)(3) 
in accordance with 31 U.S.C. 3711, and under contracts for collection 
services as authorized in 31 U.S.C. 3718.



Sec. 1507.5  Accounting for disclosure of records.

    (a) With respect to each system of records under ADF control, the 
Foundation will keep an accurate accounting of routine disclosures, 
except those made to employees of the Foundation in the normal course of 
duties or pursuant to the provisions of the Freedom of Information Act. 
Such accounting shall contain the following:
    (1) The date, nature and purpose of each disclosure, and the name 
and address of the person or agency to whom the disclosure is made:
    (2) Sufficient information to permit the construction of a listing 
of all disclosures at appropriate periodic intervals; and
    (3) The justification or basis upon which any release was made 
including any written documentation required.
    (b) The Foundation will retain the accounting made under this 
section for at least 5 years or the life of the record, whichever is 
longer, after the disclosure for which the accounting is made.

[[Page 602]]

    (c) Except for disclosure made under paragraph (g) of Sec. 1503.3, 
the Foundation will make the accounting under paragraph (a) of this 
section available to the individual named in the record at his or her 
request.
    (d) The Foundation will inform any person or other agency about any 
correction or notation of dispute made by the agency of any record that 
has been disclosed to the person or agency if an accounting of the 
disclosure was made.



Sec. 1507.6  Access to records.

    (a) Except as otherwise provided by law or regulation, any 
individual, upon request made either in writing or in person during 
regular business hours, shall be provided access to his or her record or 
to any information pertaining to him or her which is contained in a 
system of records maintained by the Foundation. The individual will be 
permitted to review the record and have a copy made of all or any 
portion thereof in a form comprehensible to him or her. Nothing in 5 
U.S.C. 552a, however, allows an individual access to any information 
compiled in reasonable anticipation of a civil action or proceeding.
    (b) An individual will be notified, upon request, if any Foundation 
system of records contains a record pertaining to him or her. Such 
request may be made in person during regular business hours, or in 
writing over the signature of the person making the request. Individuals 
requesting the information will be required to identify themselves by 
providing their names, addresses, and a signature. If they are 
requesting disclosure in person, they are also required to show an 
identification card, such as a drivers license, containing a photo and a 
sample signature. If the request is received through the mail, the 
Foundation may request such information as may be necessary to assure 
that the requesting individual is properly identified. This may include 
a requirement that the request be notarized with a notation that the 
notary received an acknowledgement of identity from the requester.
    (c) A record may be disclosed to a representative of the person to 
whom a record relates when the representative is authorized in writing 
by such person to have access.
    (d) Requests for access to or copies of records should contain, at a 
minimum, identifying information needed to locate any given record, and 
a brief description of the item or items of information required. If the 
individual wishes access to specific documents, the request should 
identify or describe, as nearly as possible, such documents. The request 
should be made to the Director, Administration and Finance, African 
Development Foundation, 1625 Massachusetts Avenue NW., Suite 600, 
Washington, DC 20036. Personal contacts should normally be made during 
the regular duty hours of the officer concerned, which are 8:30 a.m. to 
5:00 p.m. Monday through Friday.
    (e) A request made in person will be promptly complied with if the 
records sought are in the immediate custody of the Foundation. Mail or 
personal requests for documents which are not in the immediate custody 
of ADF or which are otherwise not immediately available, will be 
acknowledged within ten working days of receipt, and the records will be 
provided as promptly thereafter as possible.
    (f) Special procedures may be established by the President of the 
Foundation governing the disclosure to an individual of his or her 
medical records, including psychological records.
    (g) Any individual may request the Director, Administration and 
Finance, to amend any Foundation record pertaining to him or her. Not 
later than 10 working days after the date of receipt of such request, 
the Director, Administration and Finance, or his/her designee, will 
acknowledge such receipt in writing. Promptly after acknowledging 
receipt of a request, the Director, Administration and Finance or his/
her designee will:
    (1) Correct any portion of the record which the individual believes 
is not accurate, relevant, timely, or complete; or
    (2) Inform the individual of the Foundation's refusal to amend the 
record in accordance with the request, the reason for the refusal, the 
procedures by which the individual may request a review of that refusal 
by the President of the Foundation, or his/her designee,

[[Page 603]]

and the name and address of such official; or
    (3) Refer the request to the agency that has control of and 
maintains the record when the record requested is not the property of 
the Foundation, but of the controlling agency.
    (h) Any individual who disagrees with the refusal of the Director, 
Administration and Finance to amend his or her record may request a 
review of that refusal. Such request for review must be made within 30 
days after receipt by the requester of the initial refusal to amend. The 
President of the Foundation, or designee, will complete such review not 
later than 30 working days from the date on which the individual 
requests such review, and make a final determination, unless for good 
cause shown, the President or designee extends such 30-day period and 
notifies the requester in writing that additional time is required to 
complete the review. If, after review, the President or designee refuses 
to amend the record in accordance with the request, the individual will 
be advised of the right to file with the Foundation a concise statement 
setting forth the reasons for his or her disagreement with the refusal, 
and also advised of the provisions in the Act for judicial review of the 
President's determination.
    (i) In any disclosure containing information about which the 
individual has filed a statement under paragraph (g) of this section, 
the Foundation will clearly note any part of the record which is 
disputed and provide copies of the statement and, if the Foundation 
deems it appropriate, copies of a concise statement of the Foundation's 
reasons for not making the amendment requested, to persons or other 
agencies to whom the disputed record has been disclosed.



Sec. 1507.7  Contents of records systems.

    (a) The Foundation will maintain in its records only such 
information about an individual as is accurate, relevant, and necessary 
to accomplish the purpose for which it was acquired as authorized by 
statute or Executive Order.
    (b) The Foundation will collect information, to the greatest extent 
practicable, directly from the individual to whom the record pertains 
when the information may result in adverse determinations about the 
individual's rights, benefits and privileges under Federal programs.
    (c) The Foundation will inform each individual whom it asks to 
supply information on any form which it uses to collect the information, 
or on a separate form that can be retained by the individual, of:
    (1) The authority which authorizes the solicitation of the 
information and whether provision of such information is mandatory or 
voluntary;
    (2) The purpose or purposes for which the information is intended to 
be used;
    (3) The routine uses which may be made of the information, as 
published pursuant to paragraph (d) of this section; and
    (4) The effects on the individual, if any, of not providing all or 
any part of the requested information.
    (d) Subject to the provisions of paragraph (k) of this section, the 
Foundation will publish in the Federal Register, at least a notice of 
the existence and character of its sytem(s) of records upon 
establishment or revision. This notice will include:
    (1) The name and location of the system or systems;
    (2) The categories of individuals on whom records are maintained in 
the system or systems;
    (3) The categories of records maintained in the system or sytems;
    (4) Each routine use of the records contained in the system or 
systems, including the categories of users, and the purpose of such use;
    (5) The policies and practices of the Foundation regarding storage, 
retrievability, access controls, retention, and disposal of the record;
    (6) The title and business address of the Foundation official or 
officials responsible for the system or systems of records;
    (7) The Foundation's procedures whereby an individual can be 
notified at his or her request if the system or systems of records 
contains a record pertaining to him or her;
    (8) The Foundation's procedures whereby an individual can be 
notified at him or her request how he or she can gain access to any 
record pertaining to

[[Page 604]]

him or her contained in the system or systems of records, and how he or 
she can contest its content; and
    (9) The categories of sources of records in the system or systems.
    (e) All records used by the Foundation in making any determination 
about any individual will be maintained with such accuracy, relevance, 
timeliness, and completeness as is reasonably necessary to assure 
fairness to the individual in the determination.
    (f) Before disseminating any record about an individual to any 
person other than an agency or pursuant to 5 U.S.C. 552, the Foundation 
will make reasonable efforts to assure that such records are accurate, 
complete, timely, and relevant for Foundation purposes.
    (g) The Foundation will maintain no record describing how any 
individual exercises rights guaranteed by the First Amendment of the 
Constitution of the United States unless expressly authorized by statute 
or by the individual about whom the record is maintained, or unless 
pertinent to, and within the scope of, an authorized law enforcement 
activity.
    (h) The Foundation will establish rules of conduct for persons 
involved in the design, development, operation, or maintenance of any 
system of records, or in maintaining any record. Each such person will 
be instructed regarding such rules and the requirements of 5 U.S.C. 
552a. The instruction will include any other rules and procedures 
adopted pursuant to 5 U.S.C. 552a, and the penalties provided for 
noncompliance.
    (i) The Foundation will establish appropriate administrative, 
technical, and physical safeguards to insure the security and 
confidentiality of records and to protect against any anticipated 
threats or hazards to their security or integrity which could result in 
substantial harm, embarrassment, inconvenience, or unfairness to any 
individual on whom information is maintained.
    (j) At least 30 days prior to the publication of the notice in the 
Federal Register regarding the routine use of the records contained in 
the Foundation's system or systems of records, including the categories 
of users and the purpose of such use pursuant to paragraph (d) of this 
section, the Foundation will also:
    (1) Publish a notice in the Federal Register of any new or revised 
use of the information in the system or systems maintained by the 
Foundation; and
    (2) Provide an opportunity for interested persons to submit written 
data, views, or arguments to the Foundation.



Sec. 1507.8  Fees.

    Fees to be charged, if any, to any individual for making copies of 
his or her record will be as follows:
    (a) Photocopy reproductions from all types of copying processes, 
each reproduction image, $0.10 per page.
    (b) Where the Foundation undertakes to perform for an individual 
making a request, or for any other person, services which are very 
clearly not required to be performed under section 552a, title 5, United 
States Code, either voluntarily or because such services are required by 
some other law (e.g., the formal certification of records as true 
copies, attestation under the seal of the Foundation, etc.), the 
question of charging fees for such services will be determined by the 
Director of Administration and Finance, in light of the Federal user 
charge statute (31 U.S.C. 483a), and any other applicable law.
    (c) No fees shall be charged for search time expended by the 
Foundation to produce a record.



Sec. 1507.9  Judicial review.

    Any person may file a complaint against the Foundation in the 
appropriate U.S. district court, as provided in 5 U.S.C. 552a(g), 
whenever the Foundation:
    (a) Makes a determination not to amend an individual's record in 
accordance with his or her request, or fails to make such review in 
conformity with that section; or
    (b) Refuses to comply with an individual's request; or
    (c) Fails to maintain any record concerning an individual with such 
accuracy, relevance, timeliness, and completeness as is necessary to 
assure fairness in any determination relating to the qualifications, 
character, rights or

[[Page 605]]

opportunities of, or benefits to the individual that may be made on the 
basis of such record, and consequently a determination is made which is 
adverse to the individual; or
    (d) Fails to comply with any other provision of 5 U.S.C. 552a, or 
any Foundation regulation promulgated thereunder, in any such a way as 
to have an adverse effect on an individual.



Sec. 1507.10  Exemptions.

    No Foundation system or systems of records, as such, are exempted 
from the provisions of 5 U.S.C. 552a, as permitted under certain 
conditions by 5 U.S.C. 552a (j) and (k).



Sec. 1507.11  Mailing list.

    An individual's name and address may not be sold or rented by the 
Foundation unless such action is specifically authorized by law. This 
section does not require the withholding of names and addresses 
otherwise permitted to be made public.



Sec. 1507.12  Criminal penalties.

    Section 552a(e), title 5, United States Code, provides that:
    (a) Any officer or employee of the Foundation, who, by virtue of his 
or her employment or official position, has possession of, or access to, 
Foundation records which contain individually identifiable information, 
the disclosure of which is prohibited by 5 U.S.C. 552a, and who knowing 
that disclosure of the specific material is so prohibited, willfully 
discloses the material in any manner to any person or agency not 
entitled to receive it, shall be guilty of a misdemeanor and fined not 
more than $5,000.
    (b) Any officer or employee of the Foundation who willfully 
maintains a system of records without meeting the notice requirements of 
5 U.S.C. 552a(e)(4) shall be guilty of a misdemeanor and fined not more 
than $5,000.
    (c) Any person who knowingly and willfully requests or obtains any 
record concerning an individual from the Foundation under false 
pretenses shall be guilty of a misdemeanor and fined not more than 
$5,000.



Sec. 1507.13  Reports.

    (a) The Foundation shall provide to Congress and the Office of 
Management and Budget advance notice of any proposal to establish or 
alter any system or records as defined herein. This report will be 
submitted in accordance with guidelines provided by the Office of 
Management and Budget.
    (b) If at any time Foundation system or systems of records is 
determined to be exempt from the application of 5 U.S.C. 552a in 
accordance with the provisions of 5 U.S.C. 552a (j) and (k), the records 
contained in such system or systems will be separately listed and 
reported to the Office of Management and Budget in accordance with the 
then prevailing guidelines and instructions of that office.



PART 1508--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNEMNTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents




                           Subpart A--General

Sec.
1508.100  Purpose.
1508.105  Definitions.
1508.110  Coverage.
1508.115  Policy.

                       Subpart B--Effect of Action

1508.200  Debarment or suspension.
1508.205  Ineligible persons.
1508.210  Voluntary exclusion.
1508.215  Exception provision.
1508.220  Continuation of covered transactions.
1508.225  Failure to adhere to restrictions.

                          Subpart C--Debarment

1508.300  General.
1508.305  Causes for debarment.
1508.310  Procedures.
1508.311  Investigation and referral.
1508.312  Notice of proposed debarment.
1508.313  Opportunity to contest proposed debarment.
1508.314  Debarring official's decision.
1508.315  Settlement and voluntary exclusion.
1508.320  Period of debarment.
1508.325  Scope of debarment.

[[Page 606]]

                          Subpart D--Suspension

1508.400  General.
1508.405  Causes for suspension.
1508.410  Procedures.
1508.411  Notice of suspension.
1508.412  Opportunity to contest suspension.
1508.413  Suspending official's decision.
1508.415  Period of suspension.
1508.420  Scope of suspension.

       Subpart E--Responsibilities of GSA, Agency and Participants

1508.500  GSA responsibilities.
1508.505  African Development Foundation responsibilities.
1508.510  Participants' responsibilities.

          Subpart F--Drug-Free Workplace Requirements (Grants)

1508.600  Purpose.
1508.605  Definitions.
1508.610  Coverage.
1508.615  Grounds for suspension of payments, suspension or termination 
          of grants, or suspension or debarment.
1508.620  Effect of violation.
1508.625  Exception provision.
1508.630  Certification requirements and procedures.
1508.635  Reporting of and employee sanctions for convictions of 
          criminal drug offenses.

Appendix A to Part 1508--Certification Regarding Debarment, Suspension, 
          and Other Responsibility Matters--Primary Covered Transactions
Appendix B to Part 1508--Certification Regarding Debarment, Suspension, 
          Ineligibility and Voluntary Exclusion--Lower Tier Covered 
          Transactions
Appendix C to Part 1508--Certification Regarding Drug-Free Workplace 
          Requirements

    Authority: 22 U.S.C. 290h; 41 U.S.C. 701 et seq.; E.O. 12549, 3 CFR, 
1986 comp., p. 189.

    Source: 54 FR 4722, 4734, Jan. 30, 1989, unless otherwise noted.

    Cross References 1: For additional information, see related 
documents published at 52 FR 20360, May 29, 1987; 53 FR 19160, May 26, 
1988; 53 FR 34474, Sept. 6, 1988, and 60 FR 33036, June 26, 1995.

    2: See also Office of Management and Budget notice published at 55 
FR 21679, May 25, 1990.



                           Subpart A--General



Sec. 1508.100  Purpose.

    (a) Executive Order (E.O.) 12549 provides that, to the extent 
permitted by law, Executive departments and agencies shall participate 
in a governmentwide system for nonprocurement debarment and suspension. 
A person who is debarred or suspended shall be excluded from Federal 
financial and nonfinancial assistance and benefits under Federal 
programs and activities. Debarment or suspension of a participant in a 
program by one agency shall have governmentwide effect.
    (b) These regulations implement section 3 of E.O. 12549 and the 
guidelines promulgated by the Office of Management and Budget under 
section 6 of the E.O. by:
    (1) Prescribing the programs and activities that are covered by the 
governmentwide system;
    (2) Prescribing the governmentwide criteria and governmentwide 
minimum due process procedures that each agency shall use;
    (3) Providing for the listing of debarred and suspended 
participants, participants declared ineligible (see definition of 
``ineligible'' in Sec. 1508.105), and participants who have voluntarily 
excluded themselves from participation in covered transactions;
    (4) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion; and
    (5) Offering such other guidance as necessary for the effective 
implementation and administration of the governmentwide system.
    (c) These regulations also implement Executive Order 12689 (3 CFR, 
1989 Comp., p. 235) and 31 U.S.C. 6101 note (Public Law 103-355, sec. 
2455, 108 Stat. 3327) by--
    (1) Providing for the inclusion in the List of Parties Excluded from 
Federal Procurement and Nonprocurement Programs all persons proposed for 
debarment, debarred or suspended under the Federal Acquisition 
Regulation, 48 CFR Part 9, subpart 9.4; persons against which 
governmentwide exclusions have been entered under this part; and persons 
determined to be ineligible; and
    (2) Setting forth the consequences of a debarment, suspension, 
determination of ineligibility, or voluntary exclusion.
    (d) Although these regulations cover the listing of ineligible 
participants

[[Page 607]]

and the effect of such listing, they do not prescribe policies and 
procedures governing declarations of ineligibility.

[60 FR 33040, 33046, June 26, 1995]



Sec. 1508.105  Definitions.

    The following definitions apply to this part:
     Adequate evidence. Information sufficient to support the reasonable 
belief that a particular act or omission has occurred.
    Affiliate. Persons are affiliates of each other if, directly or 
indirectly, either one controls or has the power to control the other, 
or, a third person controls or has the power to control both. Indicia of 
control include, but are not limited to: interlocking management or 
ownership, identity of interests among family members, shared facilities 
and equipment, common use of employees, or a business entity organized 
following the suspension or debarment of a person which has the same or 
similar management, ownership, or principal employees as the suspended, 
debarred, ineligible, or voluntarily excluded person.
    Agency. Any executive department, military department or defense 
agency or other agency of the executive branch, excluding the 
independent regulatory agencies.
    Civil judgment. The disposition of a civil action by any court of 
competent jurisdiction, whether entered by verdict, decision, 
settlement, stipulation, or otherwise creating a civil liability for the 
wrongful acts complained of; or a final determination of liability under 
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-12).
    Conviction. A judgment or conviction of a criminal offense by any 
court of competent jurisdiction, whether entered upon a verdict or a 
plea, including a plea of nolo contendere.
    Debarment. An action taken by a debarring official in accordance 
with these regulations to exclude a person from participating in covered 
transactions. A person so excluded is ``debarred.''
    Debarring official. An official authorized to impose debarment. The 
debarring official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Indictment. Indictment for a criminal offense. An information or 
other filing by competent authority charging a criminal offense shall be 
given the same effect as an indictment.
    Ineligible. Excluded from participation in Federal nonprocurement 
programs pursuant to a determination of ineligibility under statutory, 
executive order, or regulatory authority, other than Executive Order 
12549 and its agency implementing regulations; for example, excluded 
pursuant to the Davis-Bacon Act and its implementing regulations, the 
equal employment opportunity acts and executive orders, or the 
environmental protection acts and executive orders. A person is 
ineligible where the determination of ineligibility affects such 
person's eligibility to participate in more than one covered 
transaction.
    Legal proceedings. Any criminal proceeding or any civil judicial 
proceeding to which the Federal Government or a State or local 
government or quasi-governmental authority is a party. The term includes 
appeals from such proceedings.
    List of Parties Excluded from Federal Procurement and Nonprocurement 
Programs. A list compiled, maintained and distributed by the General 
Services Administration (GSA) containing the names and other information 
about persons who have been debarred, suspended, or voluntarily excluded 
under Executive Orders 12549 and 12689 and these regulations or 48 CFR 
part 9, subpart 9.4, persons who have been proposed for debarment under 
48 CFR part 9, subpart 9.4, and those persons who have been determined 
to be ineligible.
    Notice. A written communication served in person or sent by 
certified mail, return receipt requested, or its equivalent, to the last 
known address of a party, its identified counsel, its agent for service 
of process, or any partner, officer, director, owner, or joint venturer 
of the party. Notice, if undeliverable, shall be considered to have been 
received by the addressee five days after being properly sent to the 
last address known by the agency.

[[Page 608]]

    Participant. Any person who submits a proposal for, enters into, or 
reasonably may be expected to enter into a covered transaction. This 
term also includes any person who acts on behalf of or is authorized to 
commit a participant in a covered transaction as an agent or 
representative of another participant.
    Person. Any individual, corporation, partnership, association, unit 
of government or legal entity, however organized, except: foreign 
governments or foreign governmental entities, public international 
organizations, foreign government owned (in whole or in part) or 
controlled entities, and entities consisting wholly or partially of 
foreign governments or foreign governmental entities.
    Preponderance of the evidence. Proof by information that, compared 
with that opposing it, leads to the conclusion that the fact at issue is 
more probably true than not.
    Principal. Officer, director, owner, partner, key employee, or other 
person within a participant with primary management or supervisory 
responsibilities; or a person who has a critical influence on or 
substantive control over a covered transaction, whether or not employed 
by the participant. Persons who have a critical influence on or 
substantive control over a covered transaction are:
    (1) Principal investigators.
    Proposal. A solicited or unsolicited bid, application, request, 
invitation to consider or similar communication by or on behalf of a 
person seeking to participate or to receive a benefit, directly or 
indirectly, in or under a covered transaction.
    Respondent. A person against whom a debarment or suspension action 
has been initiated.
    State. Any of the States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, any territory or possession 
of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of local 
government. A State instrumentality will be considered part of the State 
government if it has a written determination from a State government 
that such State considers that instrumentality to be an agency of the 
State government.
    Suspending official. An official authorized to impose suspension. 
The suspending official is either:
    (1) The agency head, or
    (2) An official designated by the agency head.
    Suspension. An action taken by a suspending official in accordance 
with these regulations that immediately excludes a person from 
participating in covered transactions for a temporary period, pending 
completion of an investigation and such legal, debarment, or Program 
Fraud Civil Remedies Act proceedings as may ensue. A person so excluded 
is ``suspended.''
    Voluntary exclusion or voluntarily excluded. A status of 
nonparticipation or limited participation in covered transactions 
assumed by a person pursuant to the terms of a settlement.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 60 FR 33041, 33046, June 
26, 1995]



Sec. 1508.110  Coverage.

    (a) These regulations apply to all persons who have participated, 
are currently participating or may reasonably be expected to participate 
in transactions under Federal nonprocurement programs. For purposes of 
these regulations such transactions will be referred to as ``covered 
transactions.''
    (1) Covered transaction. For purposes of these regulations, a 
covered transaction is a primary covered transaction or a lower tier 
covered transaction. Covered transactions at any tier need not involve 
the transfer of Federal funds.
    (i) Primary covered transaction. Except as noted in paragraph (a)(2) 
of this section, a primary covered transaction is any nonprocurement 
transaction between an agency and a person, regardless of type, 
including: Grants, cooperative agreements, scholarships, fellowships, 
contracts of assistance, loans, loan guarantees, subsidies, insurance, 
payments for specified use, donation agreements and any other 
nonprocurement transactions between a Federal agency and a person. 
Primary covered transactions also include those transactions specially 
designated by the U.S. Department of Housing and Urban

[[Page 609]]

Development in such agency's regulations governing debarment and 
suspension.
    (ii) Lower tier covered transaction. A lower tier covered 
transaction is:
    (A) Any transaction between a participant and a person other than a 
procurement contract for goods or services, regardless of type, under a 
primary covered transaction.
    (B) Any procurement contract for goods or services between a 
participant and a person, regardless of type, expected to equal or 
exceed the Federal procurement small purchase threshold fixed at 10 
U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a primary 
covered transaction.
    (C) Any procurement contract for goods or services between a 
participant and a person under a covered transaction, regardless of 
amount, under which that person will have a critical influence on or 
substantive control over that covered transaction. Such persons are:
    (1) Principal investigators.
    (2) Providers of federally-required audit services.
    (2) Exceptions. The following transactions are not covered:
    (i) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (ii) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, entities 
consisting wholly or partially of foreign governments or foreign 
governmental entities;
    (iii) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (iv) Federal employment;
    (v) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (vi) Incidental benefits derived from ordinary governmental 
operations; and
    (vii) Other transactions where the application of these regulations 
would be prohibited by law.
    (b) Relationship to other sections. This section describes the types 
of transactions to which a debarment or suspension under the regulations 
will apply. subpart B, ``Effect of Action,'' Sec. 1508.200, ``Debarment 
or suspension,'' sets forth the consequences of a debarment or 
suspension. Those consequences would obtain only with respect to 
participants and principals in the covered transactions and activities 
described in Sec. 1508.110(a). Sections 1508.325, ``Scope of 
debarment,'' and 1508.420, ``Scope of suspension,'' govern the extent to 
which a specific participant or organizational elements of a participant 
would be automatically included within a debarment or suspension action, 
and the conditions under which affiliates or persons associated with a 
participant may also be brought within the scope of the action.
    (c) Relationship to Federal procurement activities. In accordance 
with E.O. 12689 and section 2455 of Public Law 103-355, any debarment, 
suspension, proposed debarment or other governmentwide exclusion 
initiated under the Federal Acquisition Regulation (FAR) on or after 
August 25, 1995 shall be recognized by and effective for Executive 
Branch agencies and participants as an exclusion under this regulation. 
Similarly, any debarment, suspension or other governmentwide exclusion 
initiated under this regulation on or after August 25, 1995 shall be 
recognized by and effective for those agencies as a debarment or 
suspension under the FAR.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 60 FR 33041, 33046, June 
26, 1995]



Sec. 1508.115  Policy.

    (a) In order to protect the public interest, it is the policy of the 
Federal Government to conduct business only with responsible persons. 
Debarment and suspension are discretionary actions that, taken in 
accordance with Executive Order 12549 and these regulations, are 
appropriate means to implement this policy.
    (b) Debarment and suspension are serious actions which shall be used 
only in the public interest and for the Federal Government's protection 
and not

[[Page 610]]

for purposes of punishment. Agencies may impose debarment or suspension 
for the causes and in accordance with the procedures set forth in these 
regulations.
    (c) When more than one agency has an interest in the proposed 
debarment or suspension of a person, consideration shall be given to 
designating one agency as the lead agency for making the decision. 
Agencies are encouraged to establish methods and procedures for 
coordinating their debarment or suspension actions.



                       Subpart B--Effect of Action



Sec. 1508.200  Debarment or suspension.

    (a) Primary covered transactions. Except to the extent prohibited by 
law, persons who are debarred or suspended shall be excluded from 
primary covered transactions as either participants or principals 
throughout the Executive Branch of the Federal Government for the period 
of their debarment, suspension, or the period they are proposed for 
debarment under 48 CFR part 9, subpart 9.4. Accordingly, no agency shall 
enter into primary covered transactions with such excluded persons 
during such period, except as permitted pursuant to Sec. 1508.215.
    (b) Lower tier covered transactions. Except to the extent prohibited 
by law, persons who have been proposed for debarment under 48 CFR part 
9, subpart 9.4, debarred or suspended shall be excluded from 
participating as either participants or principals in all lower tier 
covered transactions (see Sec. 1508.110(a)(1)(ii)) for the period of 
their exclusion.
    (c) Exceptions. Debarment or suspension does not affect a person's 
eligibility for--
    (1) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (2) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, and 
entities consisting wholly or partially of foreign governments or 
foreign governmental entities;
    (3) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (4) Federal employment;
    (5) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (6) Incidental benefits derived from ordinary governmental 
operations; and
    (7) Other transactions where the application of these regulations 
would be prohibited by law.

[60 FR 33041, 33046, June 26, 1995]



Sec. 1508.205  Ineligible persons.

    Persons who are ineligible, as defined in Sec. 1508.105(i), are 
excluded in accordance with the applicable statutory, executive order, 
or regulatory authority.



Sec. 1508.210  Voluntary exclusion.

    Persons who accept voluntary exclusions under Sec. 1508.315 are 
excluded in accordance with the terms of their settlements. African 
Development Foundation shall, and participants may, contact the original 
action agency to ascertain the extent of the exclusion.



Sec. 1508.215  Exception provision.

    African Development Foundation may grant an exception permitting a 
debarred, suspended, or voluntarily excluded person, or a person 
proposed for debarment under 48 CFR part 9, subpart 9.4, to participate 
in a particular covered transaction upon a written determination by the 
agency head or an authorized designee stating the reason(s) for 
deviating from the Presidential policy established by Executive Order 
12549 and Sec. 1508.200. However, in accordance with the President's 
stated intention in the Executive Order, exceptions shall be granted 
only infrequently. Exceptions shall be reported in accordance with 
Sec. 1508.505(a).

[60 FR 33041, 33046, June 26, 1995]



Sec. 1508.220  Continuation of covered transactions.

    (a) Notwithstanding the debarment, suspension, proposed debarment 
under

[[Page 611]]

48 CFR part 9, subpart 9.4, determination of ineligibility, or voluntary 
exclusion of any person by an agency, agencies and participants may 
continue covered transactions in existence at the time the person was 
debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 
9.4, declared ineligible, or voluntarily excluded. A decision as to the 
type of termination action, if any, to be taken should be made only 
after thorough review to ensure the propriety of the proposed action.
    (b) Agencies and participants shall not renew or extend covered 
transactions (other than no-cost time extensions) with any person who is 
debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 
9.4, ineligible or voluntary excluded, except as provided in 
Sec. 1508.215.

[60 FR 33041, 33046, June 26, 1995]



Sec. 1508.225  Failure to adhere to restrictions.

    (a) Except as permitted under Sec. 1508.215 or Sec. 1508.220, a 
participant shall not knowingly do business under a covered transaction 
with a person who is--
    (1) Debarred or suspended;
    (2) Proposed for debarment under 48 CFR part 9, subpart 9.4; or
    (3) Ineligible for or voluntarily excluded from the covered 
transaction.
    (b) Violation of the restriction under paragraph (a) of this section 
may result in disallowance of costs, annulment or termination of award, 
issuance of a stop work order, debarment or suspension, or other 
remedies as appropriate.
    (c) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, proposed for debarment under 48 
CFR part 9, subpart 9.4, ineligible, or voluntarily excluded from the 
covered transaction (See appendix B of these regulations), unless it 
knows that the certification is erroneous. An agency has the burden of 
proof that a participant did knowingly do business with a person that 
filed an erroneous certification.

[60 FR 33041, 33046, June 26, 1995]



                          Subpart C--Debarment



Sec. 1508.300  General.

    The debarring official may debar a person for any of the causes in 
Sec. 1508.305, using procedures established in Sec. 1508.310 through 
Sec. 1508.314. The existence of a cause for debarment, however, does not 
necessarily require that the person be debarred; the seriousness of the 
person's acts or omissions and any mitigating factors shall be 
considered in making any debarment decision.



Sec. 1508.305  Causes for debarment.

    Debarment may be imposed in accordance with the provisions of 
Secs. 1508.300 through Sec. 1508.314 for:
    (a) Conviction of or civil judgment for:
    (1) Commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public or private 
agreement or transaction;
    (2) Violation of Federal or State antitrust statutes, including 
those proscribing price fixing between competitors, allocation of 
customers between competitors, and bid rigging;
    (3) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, 
receiving stolen property, making false claims, or obstruction of 
justice; or
    (4) Commission of any other offense indicating a lack of business 
integrity or business honesty that seriously and directly affects the 
present responsibility of a person.
    (b) Violation of the terms of a public agreement or transaction so 
serious as to affect the integrity of an agency program, such as:
    (1) A willful failure to perform in accordance with the terms of one 
or more public agreements or transactions;
    (2) A history of failure to perform or of unsatisfactory performance 
of one or more public agreements or transactions; or
    (3) A willful violation of a statutory or regulatory provision or 
requirement applicable to a public agreement or transaction.
    (c) Any of the following causes:

[[Page 612]]

    (1) A nonprocurement debarment by any Federal agency taken before 
March 1, 1989, the effective date of these regulations or a procurement 
debarment by any Federal agency taken pursuant to 48 CFR subpart 9.4;
    (2) Knowingly doing business with a debarred, suspended, ineligible, 
or voluntarily excluded person, in connection with a covered 
transaction, except as permitted in Sec. 1508.215 or Sec. 1508.220;
    (3) Failure to pay a single substantial debt, or a number of 
outstanding debts (including disallowed costs and overpayments, but not 
including sums owed the Federal Government under the Internal Revenue 
Code) owed to any Federal agency or instrumentality, provided the debt 
is uncontested by the debtor or, if contested, provided that the 
debtor's legal and administrative remedies have been exhausted;
    (4) Violation of a material provision of a voluntary exclusion 
agreement entered into under Sec. 1508.315 or of any settlement of a 
debarment or suspension action; or
    (5) Violation of any requirement of subpart F of this part, relating 
to providing a drug-free workplace, as set forth in Sec. 1508.615 of 
this part.
    (d) Any other cause of so serious or compelling a nature that it 
affects the present responsibility of a person.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 54 FR 4950, 4956, Jan. 
31, 1989]



Sec. 1508.310  Procedures.

    African Development Foundation shall process debarment actions as 
informally as practicable, consistent with the principles of fundamental 
fairness, using the procedures in Secs. 1508.311 through 1508.314.



Sec. 1508.311  Investigation and referral.

    Information concerning the existence of a cause for debarment from 
any source shall be promptly reported, investigated, and referred, when 
appropriate, to the debarring official for consideration. After 
consideration, the debarring official may issue a notice of proposed 
debarment.



Sec. 1508.312  Notice of proposed debarment.

    A debarment proceeding shall be initiated by notice to the 
respondent advising:
    (a) That debarment is being considered;
    (b) Of the reasons for the proposed debarment in terms sufficient to 
put the respondent on notice of the conduct or transaction(s) upon which 
it is based;
    (c) Of the cause(s) relied upon under Sec. 1508.305 for proposing 
debarment;
    (d) Of the provisions of Secs. 1508.311 through 1508.314, and any 
other African Development Foundation procedures, if applicable, 
governing debarment decisionmaking; and
    (e) Of the potential effect of a debarment.



Sec. 1508.313  Opportunity to contest proposed debarment.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of proposed debarment, the respondent may submit, in person, in 
writing, or through a representative, information and argument in 
opposition to the proposed debarment.
    (b) Additional proceedings as to disputed material facts. (1) In 
actions not based upon a conviction or civil judgment, if the debarring 
official finds that the respondent's submission in opposition raises a 
genuine dispute over facts material to the proposed debarment, 
respondent(s) shall be afforded an opportunity to appear with a 
representative, submit documentary evidence, present witnesses, and 
confront any witness the agency presents.
    (2) A transcribed record of any additional proceedings shall be made 
available at cost to the respondent, upon request, unless the respondent 
and the agency, by mutual agreement, waive the requirement for a 
transcript.



Sec. 1508.314  Debarring official's decision.

    (a) No additional proceedings necessary. In actions based upon a 
conviction or civil judgment, or in which there is no genuine dispute 
over material facts,

[[Page 613]]

the debarring official shall make a decision on the basis of all the 
information in the administrative record, including any submission made 
by the respondent. The decision shall be made within 45 days after 
receipt of any information and argument submitted by the respondent, 
unless the debarring official extends this period for good cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The debarring 
official shall base the decision on the facts as found, together with 
any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The debarring official may refer disputed material facts to 
another official for findings of fact. The debarring official may reject 
any such findings, in whole or in part, only after specifically 
determining them to be arbitrary and capricious or clearly erroneous.
    (3) The debarring official's decision shall be made after the 
conclusion of the proceedings with respect to disputed facts.
    (c) (1) Standard of proof. In any debarment action, the cause for 
debarment must be established by a preponderance of the evidence. Where 
the proposed debarment is based upon a conviction or civil judgment, the 
standard shall be deemed to have been met.
    (2) Burden of proof. The burden of proof is on the agency proposing 
debarment.
    (d) Notice of debarring official's decision. (1) If the debarring 
official decides to impose debarment, the respondent shall be given 
prompt notice:
    (i) Referring to the notice of proposed debarment;
    (ii) Specifying the reasons for debarment;
    (iii) Stating the period of debarment, including effective dates; 
and
    (iv) Advising that the debarment is effective for covered 
transactions throughout the executive branch of the Federal Government 
unless an agency head or an authorized designee makes the determination 
referred to in Sec. 1508.215.
    (2) If the debarring official decides not to impose debarment, the 
respondent shall be given prompt notice of that decision. A decision not 
to impose debarment shall be without prejudice to a subsequent 
imposition of debarment by any other agency.



Sec. 1508.315  Settlement and voluntary exclusion.

    (a) When in the best interest of the Government, African Development 
Foundation may, at any time, settle a debarment or suspension action.
    (b) If a participant and the agency agree to a voluntary exclusion 
of the participant, such voluntary exclusion shall be entered on the 
Nonprocurement List (see subpart E).



Sec. 1508.320  Period of debarment.

    (a) Debarment shall be for a period commensurate with the 
seriousness of the cause(s). If a suspension precedes a debarment, the 
suspension period shall be considered in determining the debarment 
period.
    (1) Debarment for causes other than those related to a violation of 
the requirements of subpart F of this part generally should not exceed 
three years. Where circumstances warrant, a longer period of debarment 
may be imposed.
    (2) In the case of a debarment for a violation of the requirements 
of subpart F of this part (see 1508.305(c)(5)), the period of debarment 
shall not exceed five years.
    (b) The debarring official may extend an existing debarment for an 
additional period, if that official determines that an extension is 
necessary to protect the public interest.
    However, a debarment may not be extended solely on the basis of the 
facts and circumstances upon which the initial debarment action was 
based. If debarment for an additional period is determined to be 
necessary, the procedures of Secs. 1508.311 through 1508.314 shall be 
followed to extend the debarment.
    (c) The respondent may request the debarring official to reverse the 
debarment decision or to reduce the period or scope of debarment. Such a 
request shall be in writing and supported by documentation. The 
debarring official

[[Page 614]]

may grant such a request for reasons including, but not limited to:
    (1) Newly discovered material evidence;
    (2) Reversal of the conviction or civil judgment upon which the 
debarment was based;
    (3) Bona fide change in ownership or management;
    (4) Elimination or other causes for which the debarment was imposed; 
or
    (5) Other reasons the debarring official deems appropriate.

[54 FR 4722, 4734, Jan. 30, 1989, as amended at 54 FR 4950, 4956, Jan. 
31, 1989]



Sec. 1508.325  Scope of debarment.

    (a) Scope in general. (1) Debarment of a person under these 
regulations constitutes debarment of all its divisions and other 
organizational elements from all covered transactions, unless the 
debarment decision is limited by its terms to one or more specifically 
identified individuals, divisions or other organizational elements or to 
specific types of transactions.
    (2) The debarment action may include any affiliate of the 
participant that is specifically named and given notice of the proposed 
debarment and an opportunity to respond (see Secs. 1508.311 through 
1508.314).
    (b) Imputing conduct. For purposes of determining the scope of 
debarment, conduct may be imputed as follows:
    (1) Conduct imputed to participant. The fraudulent, criminal or 
other seriously improper conduct of any officer, director, shareholder, 
partner, employee, or other individual associated with a participant may 
be imputed to the participant when the conduct occurred in connection 
with the individual's performance of duties for or on behalf of the 
participant, or with the participant's knowledge, approval, or 
acquiescence. The participant's acceptance of the benefits derived from 
the conduct shall be evidence of such knowledge, approval, or 
acquiescence.
    (2) Conduct imputed to individuals associated with participant. The 
fraudulent, criminal, or other seriously improper conduct of a 
participant may be imputed to any officer, director, shareholder, 
partner, employee, or other individual associated with the participant 
who participated in, knew of, or had reason to know of the participant's 
conduct.
    (3) Conduct of one participant imputed to other participants in a 
joint venture. The fraudulent, criminal, or other seriously improper 
conduct of one participant in a joint venture, grant pursuant to a joint 
application, or similar arrangement or with the knowledge, approval, or 
acquiescence of these participants. Acceptance of the benefits derived 
from the conduct shall be evidence of such knowledge, approval, or 
acquiescence.



                          Subpart D--Suspension



Sec. 1508.400  General.

    (a) The suspending official may suspend a person from any of the 
causes in Sec. 1508.405 using procedures established in Secs. 1508.410 
through 1508.413.
    (b) Suspension is a serious action to be imposed only when:
    (1) There exists adequate evidence of one or more of the causes set 
out in Sec. 1508.405, and
    (2) Immediate action is necessary to protect the public interest.
    (c) In assessing the adequacy of the evidence, the agency should 
consider how much information is available, how credible it is given the 
circumstances, whether or not important allegations are corroborated, 
and what inferences can reasonably be drawn as a result. This assessment 
should include an examination of basic documents such as grants, 
cooperative agreements, loan authorizations, and contracts.



Sec. 1508.405  Causes for suspension.

    (a) Suspension may be imposed in accordance  with  the  provisions  
of  Secs. 1508.400 through 1508.413 upon adequate evidence:
    (1) To suspect the commission of an offense listed in 
Sec. 1508.305(a); or
    (2) That a cause for debarment under Sec. 1508.305 may exist.
    (b) Indictment shall constitute adequte evidence for purposes of 
suspension actions.



Sec. 1508.410  Procedures.

    (a) Investigation and referral. Information concerning the existence 
of a cause for suspension from any source

[[Page 615]]

shall be promptly reported, investigated, and referred, when 
appropriate, to the suspending official for consideration. After 
consideration, the suspending official may issue a notice of suspension.
    (b) Decisionmaking process. African Development Foundation shall 
process suspension actions as informally as practicable, consistent with 
principles of fundamental fairness, using the procedures in 
Sec. 1508.411 through Sec. 1508.413.



Sec. 1508.411  Notice of suspension.

    When a respondent is suspended, notice shall immediately be given:
    (a) That suspension has been imposed;
    (b) That the suspension is based on an indictment, conviction, or 
other adequate evidence that the respondent has committed irregularities 
seriously reflecting on the propriety of further Federal Government 
dealings with the respondent;
    (c) Describing any such irregularities in terms sufficient to put 
the respondent on notice without disclosing the Federal Government's 
evidence;
    (d) Of the cause(s) relied upon under Sec. 1508.405 for imposing 
suspension;
    (e) That the suspension is for a temporary period pending the 
completion of an investigation or ensuing legal, debarment, or Program 
Fraud Civil Remedies Act proceedings;
    (f) Of the provisions of Sec. 1508.411 through Sec. 1508.413 and any 
other African Development Foundation procedures, if applicable, 
governing suspension decisionmaking; and
    (g) Of the effect of the suspension.



Sec. 1508.412  Opportunity to contest suspension.

    (a) Submission in opposition. Within 30 days after receipt of the 
notice of suspension, the respondent may submit, in person, in writing, 
or through a representative, information and argument in opposition to 
the suspension.
    (b) Additional proceedings as to disputed material facts. (1) If the 
suspending official finds that the respondent's submission in opposition 
raises a genuine dispute over facts material to the suspension, 
respondent(s) shall be afforded an opportunity to appear with a 
representative, submit documentary evidence, present witnesses, and 
confront any witness the agency presents, unless:
    (i) The action is based on an indictment, conviction or civil 
judgment, or
    (ii) A determination is made, on the basis of Department of Justice 
advice, that the substantial interests of the Federal Government in 
pending or contemplated legal proceedings based on the same facts as the 
suspension would be prejudiced.
    (2) A transcribed record of any additional proceedings shall be 
prepared and made available at cost to the respondent, upon request, 
unless the respondent and the agency, by mutual agreement, waive the 
requirement for a transcript.



Sec. 1508.413  Suspending official's decision.

    The suspending official may modify or terminate the suspension (for 
example, see Sec. 1508.320(c) for reasons for reducing the period or 
scope of debarment) or may leave it in force. However, a decision to 
modify or terminate the suspension shall be without prejudice to the 
subsequent imposition of suspension by any other agency or debarment by 
any agency. The decision shall be rendered in accordance with the 
following provisions:
    (a) No additional proceedings necessary. In actions: based on an 
indictment, conviction, or civil judgment; in which there is no genuine 
dispute over material facts; or in which additional proceedings to 
determine disputed material facts have been denied on the basis of 
Department of Justice advice, the suspending official shall make a 
decision on the basis of all the information in the administrative 
record, including any submission made by the respondent. The decision 
shall be made within 45 days after receipt of any information and 
argument submitted by the respondent, unless the suspending official 
extends this period for good cause.
    (b) Additional proceedings necessary. (1) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, written findings of fact shall be prepared. The suspending 
official shall base the decision on the facts as found, together with

[[Page 616]]

any information and argument submitted by the respondent and any other 
information in the administrative record.
    (2) The suspending official may refer matters involving disputed 
material facts to another official for findings of fact. The suspending 
official may reject any such findings, in whole or in part, only after 
specificially determining them to be arbitrary or capricious or clearly 
erroneous.
    (c) Notice of suspending official's decision. Prompt written notice 
of the suspending official's decision shall be sent to the respondent.



Sec. 1508.415  Period of suspension.

    (a) Suspension shall be for a temporary period pending the 
completion of an investigation or ensuring legal, debarment, or Program 
Fraud Civil Remedies Act proceedings, unless terminated sooner by the 
suspending official or as provided in paragraph (b) of this section.
    (b) If legal or administrative proceedings are not initiated within 
12 months after the date of the suspension notice, the suspension shall 
be terminated unless an Assistant Attorney General or United States 
Attorney requests its extension in writing, in which case it may be 
extended for an additional six months. In no event may a suspension 
extend beyond 18 months, unless such proceedings have been initiated 
within that period.
    (c) The suspending official shall notify the Department of Justice 
of an impending termination of a suspension, at least 30 days before the 
12-month period expires, to give that Department an opportunity to 
request an extension.



Sec. 1508.420  Scope of suspension.

    The scope of a suspension is the same as the scope of a debarment 
(see Sec. 1508.325), except that the procedures of Secs. 1508.410 
through 1508.413 shall be used in imposing a suspension.



       Subpart E--Responsibilities of GSA, Agency and Participants



Sec. 1508.500  GSA responsibilities.

    (a) In accordance with the OMB guidelines, GSA shall compile, 
maintain, and distribute a list of all persons who have been debarred, 
suspended, or voluntarily excluded by agencies under Executive Order 
12549 and these regulations, and those who have been determined to be 
ineligible.
    (b) At a minimum, this list shall indicate:
    (1) The names and addresses of all debarred, suspended, ineligible, 
and voluntarily excluded persons, in alphabetical order, with cross-
references when more than one name is involved in a single action;
    (2) The type of action;
    (3) The cause for the action;
    (4) The scope of the action;
    (5) Any termination date for each listing; and
    (6) The agency and name and telephone number of the agency point of 
contact for the action.



Sec. 1508.505  African Development Foundation responsibilities.

    (a) The agency shall provide GSA with current information concerning 
debarments, suspensions, determinations of ineligibility, and voluntary 
exclusions it has taken. Until February 18, 1989, the agency shall also 
provide GSA and OMB with information concerning all transactions in 
which African Development Foundation has granted exceptions under 
Sec. 1508.215 permitting participation by debarred, suspended, or 
voluntarily excluded persons.
    (b) Unless an alternative schedule is agreed to by GSA, the agency 
shall advise GSA of the information set forth in Sec. 1508.500(b) and of 
the exceptions granted under Sec. 1508.215 within five working days 
after taking such actions.
    (c) The agency shall direct inquiries concerning listed persons to 
the agency that took the action.
    (d) Agency officials shall check the Nonprocurement List before 
entering covered transactions to determine whether a participant in a 
primary transaction is debarred, suspended, ineligible, or voluntarily 
excluded (Tel. ).
    (e) Agency officials shall check the Nonprocurement List before 
approving principals or lower tier participants where agency approval of 
the principal or lower tier participant is required

[[Page 617]]

under the terms of the transaction, to determine whether such principals 
or participants are debarred, suspended, ineligible, or voluntarily 
excluded.



Sec. 1508.510  Participants' responsibilities.

    (a) Certification by participants in primary covered transactions. 
Each participant shall submit the certification in appendix A to this 
part for it and its principals at the time the participant submits its 
proposal in connection with a primary covered transaction, except that 
States need only complete such certification as to their principals. 
Participants may decide the method and frequency by which they determine 
the eligibility of their principals. In addition, each participant may, 
but is not required to, check the Nonprocurement List for its principals 
(Tel. ). Adverse information on the certification will not necessarily 
result in denial of participation. However, the certification, and any 
additional information pertaining to the certification submitted by the 
participant, shall be considered in the administration of covered 
transactions.
    (b) Certification by participants in lower tier covered 
transactions. (1) Each participant shall require participants in lower 
tier covered transactions to include the certification in appendix B to 
this part for it and its principals in any proposal submitted in 
connection with such lower tier covered transactions.
    (2) A participant may rely upon the certification of a prospective 
participant in a lower tier covered transaction that it and its 
principals are not debarred, suspended, ineligible, or voluntarily 
excluded from the covered transaction by any Federal agency, unless it 
knows that the certification is erroneous. Participants may decide the 
method and frequency by which they determine the eligibility of their 
principals. In addition, a participant may, but is not required to, 
check the Nonprocurement List for its principals and for participants 
(Tel. ).
    (c) Changed circumstances regarding certification. A participant 
shall provide immediate written notice to African Development Foundation 
if at any time the participant learns that its certification was 
erroneous when submitted or has become erroneous by reason of changed 
circumstances. Participants in lower tier covered transactions shall 
provide the same updated notice to the participant to which it submitted 
its proposal.



          Subpart F--Drug-Free Workplace Requirements (Grants)

    Source: 55 FR 21688, 21695, May 25, 1990, unless otherwise noted.



Sec. 1508.600  Purpose.

    (a) The purpose of this subpart is to carry out the Drug-Free 
Workplace Act of 1988 by requiring that--
    (1) A grantee, other than an individual, shall certify to the agency 
that it will provide a drug-free workplace;
    (2) A grantee who is an individual shall certify to the agency that, 
as a condition of the grant, he or she will not engage in the unlawful 
manufacture, distribution, dispensing, possession or use of a controlled 
substance in conducting any activity with the grant.
    (b) Requirements implementing the Drug-Free Workplace Act of 1988 
for contractors with the agency are found at 48 CFR subparts 9.4, 23.5, 
and 52.2.



Sec. 1508.605  Definitions.

    (a) Except as amended in this section, the definitions of 
Sec. 1508.105 apply to this subpart.
    (b) For purposes of this subpart--
    (1) Controlled substance means a controlled substance in schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812), and as 
further defined by regulation at 21 CFR 1308.11 through 1308.15;
    (2) Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    (3) Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    (4) Drug-free workplace means a site for the performance of work 
done in

[[Page 618]]

connection with a specific grant at which employees of the grantee are 
prohibited from engaging in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance;
    (5) Employee means the employee of a grantee directly engaged in the 
performance of work under the grant, including:
    (i) All direct charge employees;
    (ii) All indirect charge employees, unless their impact or 
involvement is insignificant to the performance of the grant; and,
    (iii) Temporary personnel and consultants who are directly engaged 
in the performance of work under the grant and who are on the grantee's 
payroll.

This definition does not include workers not on the payroll of the 
grantee (e.g., volunteers, even if used to meet a matching requirement; 
consultants or independent contractors not on the payroll; or employees 
of subrecipients or subcontractors in covered workplaces);
    (6) Federal agency or agency means any United States executive 
department, military department, government corporation, government 
controlled corporation, any other establishment in the executive branch 
(including the Executive Office of the President), or any independent 
regulatory agency;
    (7) Grant means an award of financial assistance, including a 
cooperative agreement, in the form of money, or property in lieu of 
money, by a Federal agency directly to a grantee. The term grant 
includes block grant and entitlement grant programs, whether or not 
exempted from coverage under the grants management government-wide 
common rule on uniform administrative requirements for grants and 
cooperative agreements. The term does not include technical assistance 
that provides services instead of money, or other assistance in the form 
of loans, loan guarantees, interest subsidies, insurance, or direct 
appropriations; or any veterans' benefits to individuals, i.e., any 
benefit to veterans, their families, or survivors by virtue of the 
service of a veteran in the Armed Forces of the United States;
    (8) Grantee means a person who applies for or receives a grant 
directly from a Federal agency (except another Federal agency);
    (9) Individual means a natural person;
    (10) State means any of the States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, or any agency of a State, exclusive of 
institutions of higher education, hospitals, and units of local 
government. A State instrumentality will be considered part of the State 
government if it has a written determination from a State government 
that such State considers the instrumentality to be an agency of the 
State government.



Sec. 1508.610  Coverage.

    (a) This subpart applies to any grantee of the agency.
    (b) This subpart applies to any grant, except where application of 
this subpart would be inconsistent with the international obligations of 
the United States or the laws or regulations of a foreign government. A 
determination of such inconsistency may be made only by the agency head 
or his/her designee.
    (c) The provisions of subparts A, B, C, D and E of this part apply 
to matters covered by this subpart, except where specifically modified 
by this subpart. In the event of any conflict between provisions of this 
subpart and other provisions of this part, the provisions of this 
subpart are deemed to control with respect to the implementation of 
drug-free workplace requirements concerning grants.



Sec. 1508.615  Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment.

    A grantee shall be deemed in violation of the requirements of this 
subpart if the agency head or his or her official designee determines, 
in writing, that--
    (a) The grantee has made a false certification under Sec. 1508.630;
    (b) With respect to a grantee other than an individual--
    (1) The grantee has violated the certification by failing to carry 
out the

[[Page 619]]

requirements of paragraphs (A)(a)-(g) and/or (B) of the certification 
(Alternate I to appendix C) or
    (2) Such a number of employees of the grantee have been convicted of 
violations of criminal drug statutes for violations occurring in the 
workplace as to indicate that the grantee has failed to make a good 
faith effort to provide a drug-free workplace.
    (c) With respect to a grantee who is an individual--
    (1) The grantee has violated the certification by failing to carry 
out its requirements (Alternate II to appendix C); or
    (2) The grantee is convicted of a criminal drug offense resulting 
from a violation occurring during the conduct of any grant activity.



Sec. 1508.620  Effect of violation.

    (a) In the event of a violation of this subpart as provided in 
Sec. 1508.615, and in accordance with applicable law, the grantee shall 
be subject to one or more of the following actions:
    (1) Suspension of payments under the grant;
    (2) Suspension or termination of the grant; and
    (3) Suspension or debarment of the grantee under the provisions of 
this part.
    (b) Upon issuance of any final decision under this part requiring 
debarment of a grantee, the debarred grantee shall be ineligible for 
award of any grant from any Federal agency for a period specified in the 
decision, not to exceed five years (see Sec. 1508.320(a)(2) of this 
part).



Sec. 1508.625  Exception provision.

    The agency head may waive with respect to a particular grant, in 
writing, a suspension of payments under a grant, suspension or 
termination of a grant, or suspension or debarment of a grantee if the 
agency head determines that such a waiver would be in the public 
interest. This exception authority cannot be delegated to any other 
official.



Sec. 1508.630  Certification requirements and procedures.

    (a)(1) As a prior condition of being awarded a grant, each grantee 
shall make the appropriate certification to the Federal agency providing 
the grant, as provided in appendix C to this part.
    (2) Grantees are not required to make a certification in order to 
continue receiving funds under a grant awarded before March 18, 1989, or 
under a no-cost time extension of such a grant. However, the grantee 
shall make a one-time drug-free workplace certification for a non-
automatic continuation of such a grant made on or after March 18, 1989.
    (b) Except as provided in this section, all grantees shall make the 
required certification for each grant. For mandatory formula grants and 
entitlements that have no application process, grantees shall submit a 
one-time certification in order to continue receiving awards.
    (c) A grantee that is a State may elect to make one certification in 
each Federal fiscal year. States that previously submitted an annual 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. Except as provided in paragraph (d) of this 
section, this certification shall cover all grants to all State agencies 
from any Federal agency. The State shall retain the original of this 
statewide certification in its Governor's office and, prior to grant 
award, shall ensure that a copy is submitted individually with respect 
to each grant, unless the Federal agency has designated a central 
location for submission.
    (d)(1) The Governor of a State may exclude certain State agencies 
from the statewide certification and authorize these agencies to submit 
their own certifications to Federal agencies. The statewide 
certification shall name any State agencies so excluded.
    (2) A State agency to which the statewide certification does not 
apply, or a State agency in a State that does not have a statewide 
certification, may elect to make one certification in each Federal 
fiscal year. State agencies that previously submitted a State agency 
certification are not required to make a certification for Fiscal Year 
1990 until June 30, 1990. The State agency shall retain the original of 
this State agency-wide certification in its central

[[Page 620]]

office and, prior to grant award, shall ensure that a copy is submitted 
individually with respect to each grant, unless the Federal agency 
designates a central location for submission.
    (3) When the work of a grant is done by more than one State agency, 
the certification of the State agency directly receiving the grant shall 
be deemed to certify compliance for all workplaces, including those 
located in other State agencies.
    (e)(1) For a grant of less than 30 days performance duration, 
grantees shall have this policy statement and program in place as soon 
as possible, but in any case by a date prior to the date on which 
performance is expected to be completed.
    (2) For a grant of 30 days or more performance duration, grantees 
shall have this policy statement and program in place within 30 days 
after award.
    (3) Where extraordinary circumstances warrant for a specific grant, 
the grant officer may determine a different date on which the policy 
statement and program shall be in place.



Sec. 1508.635  Reporting of and employee sanctions for convictions of criminal drug offenses.

    (a) When a grantee other than an individual is notified that an 
employee has been convicted for a violation of a criminal drug statute 
occurring in the workplace, it shall take the following actions:
    (1) Within 10 calendar days of receiving notice of the conviction, 
the grantee shall provide written notice, including the convicted 
employee's position title, to every grant officer, or other designee on 
whose grant activity the convicted employee was working, unless a 
Federal agency has designated a central point for the receipt of such 
notifications. Notification shall include the identification number(s) 
for each of the Federal agency's affected grants.
    (2) Within 30 calendar days of receiving notice of the conviction, 
the grantee shall do the following with respect to the employee who was 
convicted.
    (i) Take appropriate personnel action against the employee, up to 
and including termination, consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (ii) Require the employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency.
    (b) A grantee who is an individual who is convicted for a violation 
of a criminal drug statute occurring during the conduct of any grant 
activity shall report the conviction, in writing, within 10 calendar 
days, to his or her Federal agency grant officer, or other designee, 
unless the Federal agency has designated a central point for the receipt 
of such notices. Notification shall include the identification number(s) 
for each of the Federal agency's affected grants.

(Approved by the Office of Management and Budget under control number 
0991-0002)

Appendix A to Part 1508--Certification Regarding Debarment, Suspension, 
     and Other Responsibility Matters--Primary Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective primary 
participant is providing the certification set out below.
    2. The inability of a person to provide the certification required 
below will not necessarily result in denial of participation in this 
covered transaction. The prospective participant shall submit an 
explanation of why it cannot provide the certification set out below. 
The certification or explanation will be considered in connection with 
the department or agency's determination whether to enter into this 
transaction. However, failure of the prospective primary participant to 
furnish a certification or an explanation shall disqualify such person 
from participation in this transaction.
    3. The certification in this clause is a material representation of 
fact upon which reliance was placed when the department or agency 
determined to enter into this transaction. If it is later determined 
that the prospective primary participant knowingly rendered an erroneous 
certification, in addition to other remedies available to the Federal 
Government, the department or agency may terminate this transaction for 
cause or default.
    4. The prospective primary participant shall provide immediate 
written notice to the department or agency to which this proposal is 
submitted if at any time the prospective primary participant learns that 
its certification was erroneous when submitted

[[Page 621]]

or has become erroneous by reason of changed circumstances.
    5. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meanings set out in the Definitions and Coverage 
sections of the rules implementing Executive Order 12549. You may 
contact the department or agency to which this proposal is being 
submitted for assistance in obtaining a copy of those regulations.
    6. The prospective primary participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment under 48 CFR part 9, subpart 
9.4, debarred, suspended, declared ineligible, or voluntarily excluded 
from participation in this covered transaction, unless authorized by the 
department or agency entering into this transaction.
    7. The prospective primary participant further agrees by submitting 
this proposal that it will include the clause titled ``Certification 
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction,'' provided by the department or agency 
entering into this covered transaction, without modification, in all 
lower tier covered transactions and in all solicitations for lower tier 
covered transactions.
    8. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from the covered transaction, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    9. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.
    10. Except for transactions authorized under paragraph 6 of these 
instructions, if a participant in a covered transaction knowingly enters 
into a lower tier covered transaction with a person who is proposed for 
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, 
ineligible, or voluntarily excluded from participation in this 
transaction, in addition to other remedies available to the Federal 
Government, the department or agency may terminate this transaction for 
cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility 
                  Matters--Primary Covered Transactions

    (1) The prospective primary participant certifies to the best of its 
knowledge and belief, that it and its principals:
    (a) Are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded by any Federal department 
or agency;
    (b) Have not within a three-year period preceding this proposal been 
convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State or local) 
transaction or contract under a public transaction; violation of Federal 
or State antitrust statutes or commission of embezzlement, theft, 
forgery, bribery, falsification or destruction of records, making false 
statements, or receiving stolen property;
    (c) Are not presently indicted for or otherwise criminally or 
civilly charged by a governmental entity (Federal, State or local) with 
commission of any of the offenses enumerated in paragraph (1)(b) of this 
certification; and
    (d) Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State or local) 
terminated for cause or default.
    (2) Where the prospective primary participant is unable to certify 
to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33046, June 26, 1995]

Appendix B to Part 1508--Certification Regarding Debarment, Suspension, 
 Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions

                     Instructions for Certification

    1. By signing and submitting this proposal, the prospective lower 
tier participant is providing the certification set out below.
    2. The certification in this clause is a material representation of 
fact upon which reliance was placed when this transaction was entered 
into. If it is later determined that the prospective lower tier 
participant knowingly rendered an erroneous certification, in addition 
to other remedies available to the Federal Government the department or 
agency with which this transaction originated may pursue available 
remedies, including suspension and/or debarment.

[[Page 622]]

    3. The prospective lower tier participant shall provide immediate 
written notice to the person to which this proposal is submitted if at 
any time the prospective lower tier participant learns that its 
certification was erroneous when submitted or had become erroneous by 
reason of changed circumstances.
    4. The terms covered transaction, debarred, suspended, ineligible, 
lower tier covered transaction, participant, person, primary covered 
transaction, principal, proposal, and voluntarily excluded, as used in 
this clause, have the meaning set out in the Definitions and Coverage 
sections of rules implementing Executive Order 12549. You may contact 
the person to which this proposal is submitted for assistance in 
obtaining a copy of those regulations.
    5. The prospective lower tier participant agrees by submitting this 
proposal that, should the proposed covered transaction be entered into, 
it shall not knowingly enter into any lower tier covered transaction 
with a person who is proposed for debarment under 48 CFR part 9, subpart 
9.4, debarred, suspended, declared ineligible, or voluntarily excluded 
from participation in this covered transaction, unless authorized by the 
department or agency with which this transaction originated.
    6. The prospective lower tier participant further agrees by 
submitting this proposal that it will include this clause titled 
``Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion-Lower Tier Covered Transaction,'' without 
modification, in all lower tier covered transactions and in all 
solicitations for lower tier covered transactions.
    7. A participant in a covered transaction may rely upon a 
certification of a prospective participant in a lower tier covered 
transaction that it is not proposed for debarment under 48 CFR part 9, 
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded 
from covered transactions, unless it knows that the certification is 
erroneous. A participant may decide the method and frequency by which it 
determines the eligibility of its principals. Each participant may, but 
is not required to, check the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs.
    8. Nothing contained in the foregoing shall be construed to require 
establishment of a system of records in order to render in good faith 
the certification required by this clause. The knowledge and information 
of a participant is not required to exceed that which is normally 
possessed by a prudent person in the ordinary course of business 
dealings.
    9. Except for transactions authorized under paragraph 5 of these 
instructions, if a participant in a covered transaction knowingly enters 
into a lower tier covered transaction with a person who is proposed for 
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, 
ineligible, or voluntarily excluded from participation in this 
transaction, in addition to other remedies available to the Federal 
Government, the department or agency with which this transaction 
originated may pursue available remedies, including suspension and/or 
debarment.

    Certification Regarding Debarment, Suspension, Ineligibility an 
          Voluntary Exclusion--Lower Tier Covered Transactions

    (1) The prospective lower tier participant certifies, by submission 
of this proposal, that neither it nor its principals is presently 
debarred, suspended, proposed for debarment, declared ineligible, or 
voluntarily excluded from participation in this transaction by any 
Federal department or agency.
    (2) Where the prospective lower tier participant is unable to 
certify to any of the statements in this certification, such prospective 
participant shall attach an explanation to this proposal.

[60 FR 33042, 33046, June 26, 1995]

  Appendix C to Part 1508--Certification Regarding Drug-Free Workplace 
                              Requirements

                     Instructions for Certification

    1. By signing and/or submitting this application or grant agreement, 
the grantee is providing the certification set out below.
    2. The certification set out below is a material representation of 
fact upon which reliance is placed when the agency awards the grant. If 
it is later determined that the grantee knowingly rendered a false 
certification, or otherwise violates the requirements of the Drug-Free 
Workplace Act, the agency, in addition to any other remedies available 
to the Federal Government, may take action authorized under the Drug-
Free Workplace Act.
    3. For grantees other than individuals, Alternate I applies.
    4. For grantees who are individuals, Alternate II applies.
    5. Workplaces under grants, for grantees other than individuals, 
need not be identified on the certification. If known, they may be 
identified in the grant application. If the grantee does not identify 
the workplaces at the time of application, or upon award, if there is no 
application, the grantee must keep the identity of the workplace(s) on 
file in its office and make the information available for Federal 
inspection. Failure to identify all known workplaces constitutes a 
violation of the grantee's drug-free workplace requirements.
    6. Workplace identifications must include the actual address of 
buildings (or parts of buildings) or other sites where work under

[[Page 623]]

the grant takes place. Categorical descriptions may be used (e.g., all 
vehicles of a mass transit authority or State highway department while 
in operation, State employees in each local unemployment office, 
performers in concert halls or radio studios).
    7. If the workplace identified to the agency changes during the 
performance of the grant, the grantee shall inform the agency of the 
change(s), if it previously identified the workplaces in question (see 
paragraph five).
    8. Definitions of terms in the Nonprocurement Suspension and 
Debarment common rule and Drug-Free Workplace common rule apply to this 
certification. Grantees' attention is called, in particular, to the 
following definitions from these rules:
    Controlled substance means a controlled substance in Schedules I 
through V of the Controlled Substances Act (21 U.S.C. 812) and as 
further defined by regulation (21 CFR 1308.11 through 1308.15);
    Conviction means a finding of guilt (including a plea of nolo 
contendere) or imposition of sentence, or both, by any judicial body 
charged with the responsibility to determine violations of the Federal 
or State criminal drug statutes;
    Criminal drug statute means a Federal or non-Federal criminal 
statute involving the manufacture, distribution, dispensing, use, or 
possession of any controlled substance;
    Employee means the employee of a grantee directly engaged in the 
performance of work under a grant, including: (i) All direct charge 
employees; (ii) All indirect charge employees unless their impact or 
involvement is insignificant to the performance of the grant; and, (iii) 
Temporary personnel and consultants who are directly engaged in the 
performance of work under the grant and who are on the grantee's 
payroll. This definition does not include workers not on the payroll of 
the grantee (e.g., volunteers, even if used to meet a matching 
requirement; consultants or independent contractors not on the grantee's 
payroll; or employees of subrecipients or subcontractors in covered 
workplaces).

        Certification Regarding Drug-Free Workplace Requirements

             Alternate I. (Grantees Other Than Individuals)

    A. The grantee certifies that it will or will continue to provide a 
drug-free workplace by:
    (a) Publishing a statement notifying employees that the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance is prohibited in the grantee's workplace and 
specifying the actions that will be taken against employees for 
violation of such prohibition;
    (b) Establishing an ongoing drug-free awareness program to inform 
employees about--
    (1) The dangers of drug abuse in the workplace;
    (2) The grantee's policy of maintaining a drug-free workplace;
    (3) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (4) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (c) Making it a requirement that each employee to be engaged in the 
performance of the grant be given a copy of the statement required by 
paragraph (a);
    (d) Notifying the employee in the statement required by paragraph 
(a) that, as a condition of employment under the grant, the employee 
will--
    (1) Abide by the terms of the statement; and
    (2) Notify the employer in writing of his or her conviction for a 
violation of a criminal drug statute occurring in the workplace no later 
than five calendar days after such conviction;
    (e) Notifying the agency in writing, within ten calendar days after 
receiving notice under paragraph (d)(2) from an employee or otherwise 
receiving actual notice of such conviction. Employers of convicted 
employees must provide notice, including position title, to every grant 
officer or other designee on whose grant activity the convicted employee 
was working, unless the Federal agency has designated a central point 
for the receipt of such notices. Notice shall include the identification 
number(s) of each affected grant;
    (f) Taking one of the following actions, within 30 calendar days of 
receiving notice under paragraph (d)(2), with respect to any employee 
who is so convicted--
    (1) Taking appropriate personnel action against such an employee, up 
to and including termination, consistent with the requirements of the 
Rehabilitation Act of 1973, as amended; or
    (2) Requiring such employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency;
    (g) Making a good faith effort to continue to maintain a drug-free 
workplace through implementation of paragraphs (a), (b), (c), (d), (e) 
and (f).
    B. The grantee may insert in the space provided below the site(s) 
for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)
_______________________________________________________________________

[[Page 624]]

_______________________________________________________________________
_______________________________________________________________________

Check {time}  if there are workplaces on file that are not identified 
here.

              Alternate II. (Grantees Who Are Individuals)

    (a) The grantee certifies that, as a condition of the grant, he or 
she will not engage in the unlawful manufacture, distribution, 
dispensing, possession, or use of a controlled substance in conducting 
any activity with the grant;
    (b) If convicted of a criminal drug offense resulting from a 
violation occurring during the conduct of any grant activity, he or she 
will report the conviction, in writing, within 10 calendar days of the 
conviction, to every grant officer or other designee, unless the Federal 
agency designates a central point for the receipt of such notices. When 
notice is made to such a central point, it shall include the 
identification number(s) of each affected grant.

[55 FR 21690, 21695, May 25, 1990]



PART 1510--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE AFRICAN DEVELOPMENT FOUNDATION--Table of Contents




Sec.
1510.101  Purpose.
1510.102  Application.
1510.103  Definitions.
1510.104--1510.109  [Reserved]
1510.110  Self-evaluation.
1510.111  Notice.
1510.112--1510.129  [Reserved]
1510.130  General prohibitions against discrimination.
1510.131--1510.139  [Reserved]
1510.140  Employment.
1510.141--1510.148  [Reserved]
1510.149  Program accessibility: Discrimination prohibited.
1510.150  Program accessibility: Existing facilities.
1510.151  Program accessibility: New construction and alterations.
1510.152--1510.159  [Reserved]
1510.160  Communications.
1510.161--1510.169  [Reserved]
1510.170  Compliance procedures.
1510.171--1510.999  [Reserved]

    Authority: 29 U.S.C. 794.
    Source: 53 FR 25883, 25885, July 8, 1988, unless otherwise noted.



Sec. 1510.101  Purpose.

    The purpose of this regulation is to effectuate section 119 of the 
Rehabilitation, Comprehensive Services, and Developmental Disabilities 
Amendments of 1978, which amended section 504 of the Rehabilitation Act 
of 1973 to prohibit discrimination on the basis of handicap in programs 
or activities conducted by Executive agencies or the United States 
Postal Service.



Sec. 1510.102  Application.

    This regulation (Secs. 1510.101-1510.170) applies to all programs or 
activities conducted by the agency, except for programs or activities 
conducted outside the United States that do not involve individuals with 
handicaps in the United States.



Sec. 1510.103  Definitions.

    For purposes of this regulation, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, Brailled materials, 
audio recordings, and other similar services and devices. Auxiliary aids 
useful for persons with impaired hearing include telephone handset 
amplifiers, telephones compatible with hearing aids, telecommunication 
devices for deaf persons (TDD's), interpreters, notetakers, written 
materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling

[[Page 625]]

stock or other conveyances, or other real or personal property.
    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Individual with handicaps means any person who has a physical or 
mental impairment that substantially limits one or more major life 
activities, has a record of such an impairment, or is regarded as having 
such an impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing impairments, cerebral palsy, 
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, 
diabetes, mental retardation, emotional illness, and drug addiction and 
alcoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Qualified individual with handicaps means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, an individual with handicaps who is a 
member of a class of persons otherwise entitled by statute, regulation, 
or agency policy to receive education services from the agency;
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, an individual with handicaps who meets the essential 
eligibility requirements and who can achieve the purpose of the program 
or activity without modifications in the program or activity that the 
agency can demonstrate would result in a fundamental alteration in its 
nature;
    (3) With respect to any other program or activity, an individual 
with handicaps who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person as that term is defined for 
purposes of employment in 29 CFR 1613.702(f), which is made applicable 
to this regulation by Sec. 1510.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617); 
the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the 
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810). 
As used in this regulation, section 504 applies only to programs or 
activities conducted by Executive agencies and not to federally assisted 
programs.

[[Page 626]]

    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.
Secs. 1510.104--1510.109  [Reserved]



Sec. 1510.110  Self-evaluation.

    (a) The agency shall, by September 6, 1989, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this regulation and, to the extent modification 
of any such policies and practices is required, the agency shall proceed 
to make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including individuals with handicaps or organizations representing 
individuals with handicaps, to participate in the self-evaluation 
process by submitting comments (both oral and written).
    (c) The agency shall, for at least three years following completion 
of the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified; and
    (2) A description of any modifications made.



Sec. 1510.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this regulation and its 
applicability to the programs or activities conducted by the agency, and 
make such information available to them in such manner as the head of 
the agency finds necessary to apprise such persons of the protections 
against discrimination assured them by section 504 and this regulation.
Secs. 1510.112--1510.129  [Reserved]



Sec. 1510.130  General prohibitions against discrimination.

    (a) No qualified individual with handicaps shall, on the basis of 
handicap, be excluded from participation in, be denied the benefits of, 
or otherwise be subjected to discrimination under any program or 
activity conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified individual with handicaps the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with handicaps an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified individual with handicaps with an aid, 
benefit, or service that is not as effective in affording equal 
opportunity to obtain the same result, to gain the same benefit, or to 
reach the same level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with handicaps or to any class of individuals with handicaps 
than is provided to others unless such action is necessary to provide 
qualified individuals with handicaps with aid, benefits, or services 
that are as effective as those provided to others;
    (v) Deny a qualified individual with handicaps the opportunity to 
participate as a member of planning or advisory boards;
    (vi) Otherwise limit a qualified individual with handicaps in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified individual with handicaps 
the opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified individuals with handicaps to discrimination 
on the basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a

[[Page 627]]

program or activity with respect to individuals with handicaps.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude individuals with handicaps from, deny them the benefits 
of, or otherwise subject them to discrimination under any program or 
activity conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with 
handicaps.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified individuals with handicaps to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified individuals with handicaps 
to discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licensees or certified 
entities that subject qualified individuals with handicaps to 
discrimination on the basis of handicap. However, the programs or 
activities of entities that are licensed or certified by the agency are 
not, themselves, covered by this regulation.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to individuals 
with handicaps or the exclusion of a specific class of individuals with 
handicaps from a program limited by Federal statute or Executive order 
to a different class of individuals with handicaps is not prohibited by 
this regulation.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with handicaps.
Secs. 1510.131--1510.139  [Reserved]



Sec. 1510.140  Employment.

    No qualified individual with handicaps shall, on the basis of 
handicap, be subject to discrimination in employment under any program 
or activity conducted by the agency. The definitions, requirements, and 
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791), as established by the Equal Employment Opportunity Commission in 
29 CFR part 1613, shall apply to employment in federally conducted 
programs or activities.
Sec. 1510.141--1510.148  [Reserved]



Sec. 1510.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 1510.150, no qualified 
individual with handicaps shall, because the agency's facilities are 
inaccessible to or unusable by individuals with handicaps, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 1510.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by individuals with handicaps. This paragraph 
does not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by individuals with handicaps;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 1510.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or

[[Page 628]]

activity, and must be accompanied by a written statement of the reasons 
for reaching that conclusion. If an action would result in such an 
alteration or such burdens, the agency shall take any other action that 
would not result in such an alteration or such burdens but would 
nevertheless ensure that individuals with handicaps receive the benefits 
and services of the program or activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by individuals with handicaps. The agency is 
not required to make structural changes in existing facilities where 
other methods are effective in achieving compliance with this section. 
The agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the agency shall give priority 
to those methods that offer programs and activities to qualified 
individuals with handicaps in the most integrated setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 1510.150(a) in historic preservation programs, the agency shall 
give priority to methods that provide physical access to individuals 
with handicaps. In cases where a physical alteration to an historic 
property is not required because of Sec. 1510.150(a) (2) or (3), 
alternative methods of achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide individuals with handicaps into or 
through portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by November 7, 1988, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by September 6, 1991, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by March 6, 1989, a transition plan setting forth 
the steps necessary to complete such changes. The agency shall provide 
an opportunity to interested persons, including individuals with 
handicaps or organizations representing individuals with handicaps, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to individuals 
with handicaps;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 1510.151   Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with handicaps. The definitions, requirements, and standards 
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established 
in 41 CFR 101-19.600 to 101-19.607,

[[Page 629]]

apply to buildings covered by this section.
Secs. 1510.152--1510.159  [Reserved]



Sec. 1510.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford an individual with handicaps an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
individual with handicaps.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD's) or 
equally effective telecommunication systems shall be used to communicate 
with persons with impaired hearing.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 1510.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that, to the maximum 
extent possible, individuals with handicaps receive the benefits and 
services of the program or activity.
Secs. 1510.161--1510.169  [Reserved]



Sec. 1510.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs and activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The Personnel Officer, Office of Administration and Finance, 
shall be responsible for coordinating implementation of this section. 
Complaints may be sent to Personnel Officer, Office of Administration 
and Finance, African Development Foundation, 1625 Massachusetts Avenue, 
NW., Suite 600, Washington, DC, 20036.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.

[[Page 630]]

    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate Government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with handicaps.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1510.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[53 FR 25883, 25885, July 8, 1988, as amended at 53 FR 25883, July 8, 
1988]

Secs. 1510.171-1510.999  [Reserved]

[[Page 631]]



       CHAPTER XVI--JAPAN-UNITED STATES FRIENDSHIP COMMISSION




  --------------------------------------------------------------------
Part                                                                Page
1600            Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by the Japan-United 
                    States Friendship Commission............         632

[[Page 632]]



PART 1600--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE JAPAN-UNITED STATES FRIENDSHIP COMMISSION--Table of Contents




Sec.
1600.101  Purpose.
1600.102  Application.
1600.103  Definitions.
1600.104--1600.109  [Reserved]
1600.110  Self-evaluation.
1600.111  Notice.
1600.112--1600.129  [Reserved]
1600.130  General prohibitions against discrimination.
1600.131--1600.139  [Reserved]
1600.140  Employment.
1600.141--1600.148  [Reserved]
1600.149  Program accessibility: Discrimination prohibited.
1600.150  Program accessibility: Existing facilities.
1600.151  Program accessibility: New construction and alterations.
1600.152--1600.159  [Reserved]
1600.160  Communications.
1600.161--1600.169  [Reserved]
1600.170  Compliance procedures.
1600.171--1600.999  [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 22891, 22896, June 23, 1986, unless otherwise noted.



Sec. 1600.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 1600.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 1600.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, brailled materials, 
audio recordings, telecommunications devices and other similar services 
and devices. Auxiliary aids useful for persons with impaired hearing 
include telephone handset amplifiers, telephones compatible with hearing 
aids, telecommunication devices for deaf persons (TDD's), interpreters, 
notetakers, written materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.
    As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term physical or mental impairment 
includes, but is not limited to, such diseases and conditions as 
orthopedic, visual, speech, and hearing

[[Page 633]]

impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple 
sclerosis, cancer, heart disease, diabetes, mental retardation, 
emotional illness, and drug addiction and alocoholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Qualified handicapped person means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, a handicapped person who is a member of 
a class of persons otherwise entitled by statute, regulation, or agency 
policy to receive education services from the agency.
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can acheive the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature;
    (3) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 1600.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the 
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), 
and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955). As used 
in this part, section 504 applies only to programs or activities 
conducted by Executive agencies and not to federally assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.
Secs. 1600.104--1600.109  [Reserved]



Sec. 1600.110  Self-evaluation.

    (a) The agency shall, by August 24, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.

[[Page 634]]



Sec. 1600.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.
Secs. 1600.112--1600.129  [Reserved]



Sec. 1600.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangments, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified handicapped persons to 
discrimination on the basis of handicap, nor may the agency establish 
requirements for the programs or activities of licensees or certified 
entities that subject qualified handicapped persons to discrimination on 
the basis of handicap. However, the programs or activities of entities 
that are licensed or certified by the agency are not, themselves, 
covered by this part.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program

[[Page 635]]

limited by Federal statute or Executive order to handicapped persons or 
the exclusion of a specific class of handicapped persons from a program 
limited by Federal statute or Executive order to a different class of 
handicapped persons is not prohibited by this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.
Secs. 1600.131--1600.139  [Reserved]



Sec. 1600.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.
Secs. 1600.141--1600.148  [Reserved]



Sec. 1600.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 1600.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 1600.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 1600.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity.
    (b) Methods--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by handicapped persons. The agency is not 
required to make structural changes in existing facilities where other 
methods are effective in achieving compliance with this section. The 
agency, in making alterations to existing buildings, shall meet 
accessibility requirements to the extent compelled by the Architectural 
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any 
regulations implementing it. In choosing among available methods for 
meeting the requirements of this section, the

[[Page 636]]

agency shall give priority to those methods that offer programs and 
activities to qualified handicapped persons in the most integrated 
setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 1600.150(a) in historic preservation programs, the agency shall 
give priority to methods that provide physical access to handicapped 
persons. In cases where a physical alteration to an historic property is 
not required because of Sec. 1600.150(a)(2) or (a)(3), alternative 
methods of achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide handicapped persons into or through 
portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by October 21, 1986, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by August 22, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by February 23, 1987, a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 1600.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 1600.152--1600.159  [Reserved]



Sec. 1600.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf person (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.

[[Page 637]]

    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and adminstrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 1600.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity, 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that, to the maximum 
extent possible, handicapped persons receive the benefits and services 
of the program or activity.
Secs. 1600.161--1600.169  [Reserved]



Sec. 1600.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The Executive Director, Japan-U.S. Friendship Commission, shall 
be responsible for coordinating implementation of this section. 
Complaints may be sent to Executive Director, Japan-U.S. Friendship 
Commission, 1200 Pennsylvania Avenue, NW., Washington, DC 20004.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1600.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the

[[Page 638]]

date of receipt of the additional information to make his or her 
determination on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 22891, 22896, June 23, 1986, as amended at 51 FR 22891, June 23, 
1986]
Secs. 1600.171--1600.999  [Reserved]

[[Page 639]]



            CHAPTER XVII--UNITED STATES INSTITUTE OF PEACE




  --------------------------------------------------------------------
Part                                                                Page
1701            Enforcement of Nondiscrimination on the 
                    Basis of Handicap in Programs or 
                    Activities Conducted by the United 
                    States Institute of Peace...............         640

[[Page 640]]



PART 1701--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE UNITED STATES INSTITUTE OF PEACE--Table of Contents




Sec.
1701.101  Purpose.
1701.102  Application.
1701.103  Definitions.
1701.104-1701.109  [Reserved]
1701.110  Self-evaluation.
1701.111  Notice.
1701.112-1701.129  [Reserved]
1701.130  General prohibitions against discrimination.
1701.131-1701.139  [Reserved]
1701.140  Employment.
1701.141-1701.148  [Reserved]
1701.149  Program accessibility: Discrimination prohibited.
1701.150  Program accessibility: Existing facilities.
1701.151  Program accessibility: New construction and alterations.
1701.152-1701.159  [Reserved]
1701.160  Communications.
1701.161-1702.169  [Reserved]
1701.170  Compliance procedures.
1701.171-1701.999  [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 58 FR 57697, 57699, Oct. 26, 1993, unless otherwise noted.



Sec. 1701.101  Purpose.

    The purpose of this part is to implement the spirit of section 119 
of the Rehabilitation, Comprehensive Services and Developmental 
Disabilities Amendments of 1978, which amended section 504 of the 
Rehabilitation Act of 1973 to prohibit discrimination on the basis of 
handicap in programs or activities conducted by various Executive 
agencies. Although the USIP does not believe that Congress contemplated 
coverage of independent Federal institutions, such as the USIP, it has 
chosen to promulgate this part.

[58 FR 57697, Oct. 26, 1993]



Sec. 1701.102  Application.

    This part (Secs. 1701.101--1701.170) applies to all programs or 
activities conducted by the agency, except for programs or activities 
conducted outside the United States that do not involve individuals with 
handicaps in the United States.



Sec. 1701.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the agency. For example, auxiliary aids useful 
for persons with impaired vision include readers, Brailled materials, 
audio recordings, and other similar services and devices. Auxiliary aids 
useful for persons with impaired hearing include telephone handset 
amplifiers, telephones compatible with hearing aids, telecommunication 
devices for deaf persons (TTD's), interpreters, notetakers, written 
materials, and other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Historic preservation programs means programs conducted by the 
agency that have preservation of historic properties as a primary 
purpose.
    Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places or 
properties designated as historic under a statute of the appropriate 
State or local government body.
    Individual with handicaps means any person who has a physical or 
mental impairment that substantially limits one or more major life 
activities, has a record of such an impairment, or is regarded as having 
such an impairment. As used in this definition, the phrase:

[[Page 641]]

    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term ``physical or mental 
impairment'' includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech, and hearing impairments, 
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, 
cancer, heart disease, diabetes, mental retardation, emotional illness, 
HIV disease (whether symptomatic or asymptomatic), and drug addiction 
and alcoholism.
    (2) Major life activities include functions such as caring for one's 
self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the agency as having such an impairment.
    Qualified individual with handicaps means--
    (1) With respect to preschool, elementary, or secondary education 
services provided by the agency, an individual with handicaps who is a 
member of a class of persons otherwise entitled by statute, regulation, 
or agency policy to receive education services from the agency;
    (2) With respect to any other agency program or activity under which 
a person is required to perform services or to achieve a level of 
accomplishment, an individual with handicaps who meets the essential 
eligibility requirements and who can achieve the purpose of the program 
or activity without modifications in the program or activity that the 
agency can demonstrate would result in a fundamental alteration in its 
nature;
    (3) With respect to any other program or activity, an individual 
with handicaps who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity; 
and
    (4) Qualified handicapped person as that term is defined for 
purposes of employment in 29 CFR 1614.203(a)(6), which is made 
applicable to this part by Sec. 1701.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended. As used in 
this part, section 504 applies only to programs or activities conducted 
by Executive agencies and not to federally assisted programs.
    Substantial impairment means a significant loss of the integrity of 
finished materials, design quality, or special character resulting from 
a permanent alteration.
Secs. 1701.104--1701.109  [Reserved]



Sec. 1701.110  Self-evaluation.

    (a) The agency shall, by November 28, 1994, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including individuals with handicaps or organizations representing 
individuals with handicaps, to participate in the self-evaluation 
process by submitting comments (both oral and written).

[[Page 642]]

    (c) The agency shall, for at least three years following completion 
of the self-evaluation, maintain on file and make available for public 
inspection:
    (1) A description of areas examined and any problems identified; and
    (2) A description of any modifications made.



Sec. 1701.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this part.
Secs. 1701.112--1701.129  [Reserved]



Sec. 1701.130  General prohibitions against discrimination.

    (a) No qualified individual with handicaps shall, on the basis of 
handicap, be excluded from participation in, be denied the benefits of, 
or otherwise be subjected to discrimination under any program or 
activity conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified individual with handicaps the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with handicaps an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified individual with handicaps with an aid, 
benefit, or service that is not as effective in according equal 
opportunity to obtain the same result, to gain the same benefit, or to 
reach the same level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with handicaps or to any class of individuals with handicaps 
than is provided to others unless such action is necessary to provide 
qualified individuals with handicaps with aid, benefits, or services 
that are as effective as those provided to others;
    (v) Deny a qualified individual with handicaps the opportunity to 
participate as a member of planning or advisory boards;
    (vi) Otherwise limit a qualified individual with handicaps in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified individual with handicaps 
the opportunity to participate in programs or activities that are no 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of administration the purpose 
or effect of which would--
    (i) Subject qualified individuals with handicaps to discrimination 
on the basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to individuals with handicaps.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude individuals with handicaps from, deny them the benefits 
of, or otherwise subject them to discrimination under any program or 
activity conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with 
handicaps.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified individuals with handicaps to 
discrimination on the basis of handicap.
    (6) The agency may not administer a licensing or certification 
program in a manner that subjects qualified individuals with handicaps 
to discrimination on the basis of handicap, nor may the agency establish 
requirements for the

[[Page 643]]

programs or activities of licensees or certified entities that subject 
qualified individuals with handicaps to discrimination on the basis of 
handicap. However, the programs or activities of entities that are 
licensed or certified by the agency are not, themselves, covered by this 
part.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to individuals 
with handicaps or the exclusion of a specific class of individuals with 
handicaps from a program limited by Federal statute or Executive order 
to a different class of individuals with handicaps is not prohibited by 
this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with handicaps.
Secs. 1701.131--1701.139  [Reserved]



Sec. 1701.140  Employment.

    No qualified individual with handicaps shall, on the basis of 
handicap, be subjected to discrimination in employment under any program 
or activity conducted by the agency. The definitions, requirements, and 
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791), as established by the Equal Employment Opportunity Commission in 
29 CFR part 1614, shall apply to employment in federally conducted 
programs or activities.
Secs. 1701.141--1701.148  [Reserved]



Sec. 1701.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 1701.150, no qualified 
individual with handicaps shall, because the agency's facilities are 
inaccessible to or unusable by individuals with handicaps, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 1701.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by individuals with handicaps. This paragraph 
does not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by individuals with handicaps;
    (2) In the case of historic preservation programs, require the 
agency to take any action that would result in a substantial impairment 
of significant historic features of an historic property; or
    (3) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 1701.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that result in such an 
alteration or such burdens but would nevertheless ensure that 
individuals with handicaps receive the benefits and services of the 
program or activity.
    (b) Methods.--(1) General. The agency may comply with the 
requirements of this section through such means as redesign of 
equipment, reassignment of services to accessible buildings, assignment 
of aides to beneficiaries, home visits, delivery of services at 
alternate accessible sites, alteration of existing facilities and 
construction of new facilities, use of accessible rolling stock, or any 
other methods that result in making its programs or activities readily 
accessible to and usable by individuals with handicaps. The agency is 
not required to make structural changes in existing facilities where 
other methods are effective in achieving compliance

[[Page 644]]

with this section. The agency, in making alterations to existing 
buildings, shall meet accessibility requirements to the extent compelled 
by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-
4157), and any regulations implementing it. In choosing among available 
methods for meeting the requirements of this section, the agency shall 
give priority to those methods that offer programs and activities to 
qualified individuals with handicaps in the most integrated setting 
appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec. 1701.150(a) in historic preservation programs, the agency shall 
give priority to methods that provide physical access to individuals 
with handicaps. In cases where a physical alteration to an historic 
property is not required because of Sec. 1701.150(a)(2) or (a)(3), 
alternative methods of achieving program accessibility include--
    (i) Using audio-visual materials and devices to depict those 
portions of an historic property that cannot otherwise be made 
accessible;
    (ii) Assigning persons to guide individuals with handicaps into or 
through portions of historic properties that cannot otherwise be made 
accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by January 24, 1994, except 
that where structural changes in facilities are undertaken, such changes 
shall be made by November 26, 1996, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by May 26, 1994, a transition plan setting forth 
the steps necessary to complete such changes. The agency shall provide 
an opportunity to interested persons, including individuals with 
handicaps or organizations representing individuals with handicaps, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to individuals 
with handicaps;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.



Sec. 1701.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with handicaps. The definitions, requirements, and standards 
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established 
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.
Secs. 1701.152--1701.159  [Reserved]



Sec. 1701.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford an individual with handicaps an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
individual with handicaps.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by

[[Page 645]]

telephone, telecommunication devices for deaf persons (TDD's) or equally 
effective telecommunication systems shall be used to communicate with 
persons with impaired hearing.
    (b) The agency shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 1701.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that, to the maximum 
extent possible, individuals with handicaps receive the benefits and 
services of the program or activity.
Secs. 1701.161--1701.169  [Reserved]



Sec. 1701.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs and activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1614 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The Director for Administration, United States Institute of 
Peace, shall be responsible for coordinating implementation of this 
section. Complaints may be sent to Director of Administration at the 
following address: 1550 M Street, NW., suite 700, Washington, DC 20005.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate Government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with handicaps.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 1701.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.

[[Page 646]]

    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant, he or she shall have 60 days from the date of 
receipt of the additional information to make his or her determination 
on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[58 FR 57697, 57699, Oct. 26, 1993, as amended at 58 FR 57697, Oct. 26, 
1993]
Secs. 1701.171--1701.999  [Reserved]
[[Page 647]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Redesignation Table
  List of CFR Sections Affected



[[Page 649]]



                    Table of CFR Titles and Chapters




                      (Revised as of April 1, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)

[[Page 650]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)

[[Page 651]]

       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)

[[Page 652]]

     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)

[[Page 653]]

       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)

[[Page 654]]

       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)

[[Page 655]]

      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

[[Page 656]]

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

[[Page 657]]

       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

[[Page 658]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

[[Page 659]]

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

[[Page 660]]

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)

[[Page 661]]

       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)

[[Page 662]]

         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)

[[Page 663]]

        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)

[[Page 664]]

       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 665]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of April 1, 1997)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I

[[Page 666]]

Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I

[[Page 667]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III

[[Page 668]]

Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301

[[Page 669]]

Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I

[[Page 670]]

  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI

[[Page 671]]

Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI

[[Page 672]]

President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
Special Trustee for American Indians, Office of   25, VII
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I

[[Page 673]]

  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 675]]

                                     

                                     



                           Redesignation Table



------------------------------------------------------------------------
                Old Section                          New Section        
------------------------------------------------------------------------
                      Subpart A--General Provisions                     
                                                                        
1001.735-1................................  1001.1                      
1001.735-2................................  1001.2                      
                                                                        
                     Subpart B--Standards of Conduct                    
                                                                        
1001.735-10...............................  1001.3                      
1001.735-11...............................  1001.4                      
1001.735-12...............................  1001.5                      
1001.735-13...............................  1001.7                      
1001.735-14...............................  1001.8                      
1001.735-15...............................  1001.9                      
1001.735-16...............................  1001.10                     
1001.735-17...............................  1001.11                     
1001.735-18...............................  1001.12                     
1001.735-19...............................  1001.17                     
                                                                        
                          Subpart C--Procedures                         
                                                                        
1001.735-20...............................  1001.18                     
1001.735-21...............................  1001.19                     
1001.735-22...............................  1001.21                     
1001.735-23...............................  1001.22                     
1001.735-24...............................  1001.23                     
1001.735-25...............................  1001.24                     
1001.735-26...............................  1001.25                     
1001.735-27...............................  1001.26                     
1001.735-28...............................  1001.27                     
1001.735-29...............................  1001.28                     
1001.735-30...............................  1001.30                     
1001.735-31...............................  1001.31                     
------------------------------------------------------------------------


[[Page 677]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

22 CFR
                                                                   51 FR
                                                                    Page
Chapter V
501.13  (b)(2), (c)(4), (f)(3)(i) and (5)(i), and (i)(2) amended 
        (section removed by revision at 50 FR 27423)...............11014
501.14  (a)(2) Note, (b), and (e) (1) and (3) amended (section 
        removed by revision at 50 FR 27423)........................11014
503  Nomenclature change...........................................11015
503.3  Amended.....................................................11015
503.5  (b) amended.................................................11015
503.6  (a), (b) (1), (2), and (4), (c)(2) (i), (v), and (vii) 
        amended....................................................11015
504  Revised.......................................................10192
504.2  (e)(1)(vi) corrected........................................11016
505  Nomenclature change...........................................11015
505.3  Amended.....................................................11015
505.4  (a)(1) amended..............................................11015
505.5  (b)(1) and (f)(5) amended...................................11015
505.7  (a) (1) and (2) and (b) amended.............................11015
505.11  Amended....................................................11015
    (c) amended....................................................11015
505.15  (a), (b), (c), and (d) amended.............................11015
506.4  Amended.....................................................11015
506.5  Amended.....................................................11016
510  Added.........................................................20961
511.4  (b) amended.................................................11016
514  Authority citation revised....................................43905
514.23  (a)(1)(viii) revised.......................................43905
516.2  Amended.....................................................11016
525.16  Amended....................................................11016
526  Added.........................................................40162
527  Added.........................................................40164
530  Added..................................................22890, 22896
530.170  (c) revised...............................................22890
Chapter VI
607  Added; eff. 4-7-86.......................................4576, 4579
607.103  Corrected..................................................7543
607.150  (c) corrected..............................................7543
607.170  (c) revised; eff. 4-7-86...................................4576
Chapter X
1005  Added.................................................22890, 22896
1005.170  (c) revised..............................................22891
Chapter XI
1103  Added; eff. 4-7-86......................................4577, 4579
1103.103  Corrected.................................................7543
1103.150  (c) corrected.............................................7543
1103.170  (c) revised; eff. 4-7-86..................................4577
Chapter XIII
1304  Added; eff. 4-7-86......................................4577, 4579
1304.103  Corrected.................................................7543
1304.150  (c) corrected.............................................7543
1304.170  (c) revised; eff. 4-7-86..................................4577
Chapter XVI
Chapter XVI  Chapter established............................22891, 23535
1600  Added.................................................22891, 22896
1600.170  (c) revised..............................................22891

[[Page 678]]

                                  1987

22 CFR
                                                                   52 FR
                                                                    Page
Chapter III
302  Revised.......................................................47715
307  Revised.......................................................30151
309  Added.........................................................15719
Chapter V
502.6  (b) (3) and (5) removed; (a)(3) revised; interim............43757
    Technical correction....................................47029, 47991
512  Added.........................................................43897
514  Authority citation revised; section authority citations 
        removed.....................................................5952
514.1  Amended; interim.............................................5952
    Effective date corrected........................................7370
514.17  Revised; interim............................................5953
    Effective date corrected........................................7370
514.18  Revised; interim............................................5953
    Effective date corrected........................................7370
514.32  Revised; interim............................................5953
    Effective date corrected........................................7370
526  Authority citation revised....................................37766
526.5  (c) and (d) revised; (e) through (i) added..................37766

                                  1988

22 CFR
                                                                   53 FR
                                                                    Page
Chapter III
303  Authority citation revised.....................................8178
303.10  Revised; eff. 4-13-88.......................................8178
Chapter V
502.6  (a)(3) revised; interim.....................................45080
    (a)(3) suspended; (a)(4) added (temporary).....................47674
510.1  Revised.....................................................50515
513  Added; nomenclature change.............................19179, 19204
513.105  (w) added.................................................19179
514.31  Policy statement...........................................43863
514.32  (b) amended; interim.......................................10529
Chapter VI
601.6  (d) amended..................................................9614
601.19  Added.......................................................9614
602  Authority citation revised....................................10529
602.11  Revised....................................................10529
602.19  Added......................................................37293
602.20  Revised....................................................10247
602.21  Revised....................................................10247
602.22  Removed....................................................10248
602.31  (g) revised................................................10248
603.5  (c)(3)(iii) removed.........................................10248
603.10  Added......................................................10248
Chapter VII
706  Revised.......................................................11993
711  Added..................................................25882, 25885
711.170  (c) revised...............................................25883
Chapter XV
1506  Added.........................................................5567
1507  Added........................................................40411
1510  Added.................................................25883, 25885
1510.170  (c) revised..............................................25883

                                  1989

22 CFR
                                                                   54 FR
                                                                    Page
Chapter III
310  Added; nomenclature change...............................4722, 4734
    Heading and authority citation revised..........................4955
    Technical correction............................................6363
310.305  (c) (3) and (4) amended; (c)(5) added; interim.......4950, 4955
310.320  (a) revised; interim.................................4950, 4955
310.600--310.630 (Subpart F)  Added; interim..................4950, 4955
310  Appendix C added; interim................................4951, 4955
Chapter V
503.7  Revised.....................................................26733
503.8  Revised.....................................................26734
513  Heading and authority citation revised.........................4955
    Technical correction............................................6363
513.305  (c) (3) and (4) amended; (c)(5) added; interim.......4950, 4955
513.320  (a) revised; interim.................................4950, 4955
513.600--513.630 (Subpart F)  Added; interim..................4950, 4955
513  Appendix C added; interim................................4951, 4956
514  Compliance date postponed.....................................47976
514.1  Amended..............................................32967, 40387
    Correctly amended..............................................34504
514.23  (a) introductory text amended (temporary)..................30034
Chapter X
1006  Added; nomenclature change..............................4722, 4734
    Heading and authority citation revised..........................4956
    Technical correction............................................6363

[[Page 679]]

1006.305  (c) (3) and (4) amended; (c)(5) added; interim......4950, 4956
1006.320  (a) revised; interim................................4950, 4956
1006.600--1006.630 (Subpart F)  Added; interim................4950, 4956
1006  Appendix C added; interim...............................4950, 4956
Chapter XIII
1300  Revised......................................................18886
Chapter XV
1508  Added; nomenclature change..............................4722, 4734
    Heading and authority citation revised..........................4956
    Technical correction............................................6363
1508.305  (c) (3) and (4) amended; (c)(5) added; interim......4950, 4956
1508.320  (a) revised; interim................................4950, 4956
1508.600--1508.630 (Subpart F)  Added; interim................4950, 4956
1508  Appendix C added; interim...............................4052, 4956

                                  1990

22 CFR
                                                                   55 FR
                                                                    Page
Chapter III
310.305  Regulation at 54 FR 4950, 4955 confirmed..................21694
310.320  Regulation at 54 FR 4950, 4955 confirmed..................21694
310.600--310.635 (Subpart F)  Regulation at 54 FR 4950, 4955 
        confirmed; revised..................................21688, 21694
310  Appendix C regulation at 54 FR 4950, 4955 confirmed; revised 
                                                            21690, 21694
311  Added; interim...........................................6737, 6749
Chapter V
512.17  Amended.....................................................3050
512.18  (a) revised; (b) amended....................................3051
512.19  Amended.....................................................3051
512.22  (a)(3) amended..............................................3051
512.23  (b) amended.................................................3051
512.27  (a)(1), (b)(1), (2)(i), (c)(1) and (3) amended; 
        (b)(2)(iii) revised.........................................3051
513.305  Regulation at 54 FR 4950, 4954 confirmed..................21694
513.320  Regulation at 54 FR 4950, 4954 confirmed..................21694
513.600--513.635 (Subpart F)  Regulation at 54 FR 4950, 4955 
        confirmed; revised..................................21688, 21694
513  Appendix C regulation at 54 FR 4950, 4955 confirmed; revised 
                                                            21690, 21694
514  Request for comments...........................................6795
    Policy statement.................................29843, 32906, 32907
    Technical correction...........................................38985
    Authority citation revised.....................................46946
514.1  Amended.....................................................46946
    Corrected......................................................49278
519  Added; interim...........................................6737, 6750
Chapter VII
712  Added; interim...........................................6737, 6750
Chapter X
1001.1  Redesignated from 1001.735-1...............................36807
1001.2  Redesignated from 1001.735-2 and amended...................36807
1001.3  Redesignated from 1001.735-10..............................36807
1001.4  Redesignated from 1001.735-11..............................36807
1001.5  Redesignated from 1001.735-12..............................36807
    (c) revised....................................................36808
1001.6  Added......................................................36809
1001.7  Redesignated from 1001.735-13..............................36807
    (d) amended....................................................36808
1001.8  Redesignated from 1001.735-14..............................36807
1001.9  Redesignated from 1001.735-15..............................36807
1001.10  Redesignated from 1001.735-16.............................36807
    Revised........................................................36808
1001.11  Redesignated from 1001.735-17.............................36807
1001.12  Redesignated from 1001.735-18.............................36807
1001.13  Added.....................................................36808
1001.14  Added.....................................................36808
1001.15  Added.....................................................36808
1001.16  Added.....................................................36809
1001.17  Redesignated from 1001.735-19.............................36807
1001.18  Redesignated from 1001.735-20.............................36807
1001.19  Redesignated from 1001.735-21.............................36807
1001.20  Added.....................................................36809
1001.21  Redesignated from 1001.735-22.............................36807

[[Page 680]]

    Heading revised; (a) removed; (b) and (c) redesignated as (a) 
and (b) and revised................................................36809
1001.22  Redesignated from 1001.735-23.............................36807
    Heading revised; (a) introductory text amended; (b) revised....36809
1001.23  Redesignated from 1001.735-24.............................36807
    Amended........................................................36809
1001.24  Redesignated from 1001.735-25.............................36807
1001.25  Redesignated from 1001.735-26.............................36807
    (b) amended; (e) added.........................................36809
1001.26  Redesignated from 1001.735-27.............................36807
    (a) revised; (b) removed; (c) redesignated as (b)..............36809
1001.27  Redesignated from 1001.735-28.............................36807
    (c) and (d) amended............................................36809
1001.28  Redesignated from 1001.735-29.............................36807
1001.29  Added.....................................................36810
1001.30  Redesignated from 1001.735-30.............................36807
    Revised........................................................36810
1001.31  Redesignated from 1001.735-31.............................36807
    Revised........................................................36810
1001.735-1  Redesignated as 1001.1.................................36807
1001.735-2  Redesignated as 1001.2 and amended.....................36807
1001.735-10  Redesignated as 1001.3................................36807
1001.735-11  Redesignated as 1001.4................................36807
1001.735-12  Redesignated as 1001.5................................36807
1001.735-13  Redesignated as 1001.7................................36807
1001.735-14  Redesignated as 1001.8................................36807
1001.735-15  Redesignated as 1001.9................................36807
1001.735-16  Redesignated as 1001.10...............................36807
1001.735-17  Redesignated as 1001.11...............................36807
1001.735-18  Redesignated as 1001.12...............................36807
1001.735-19  Redesignated as 1001.17...............................36807
1001.735-20  Redesignated as 1001.18...............................36807
1001.735-21  Redesignated as 1001.19...............................36807
1001.735-22  Redesignated as 1001.21...............................36807
1001.735-23  Redesignated as 1001.22...............................36807
1001.735-24  Redesignated as 1001.23...............................36807
1001.735-25  Redesignated as 1001.24...............................36807
1001.735-26  Redesignated as 1001.25...............................36807
1001.735-27  Redesignated as 1001.26...............................36807
1001.735-28  Redesignated as 1001.27...............................36807
1001.735-29  Redesignated as 1001.28...............................36807
1001.735-30  Redesignated as 1001.30...............................36807
1001.735-31  Redesignated as 1001.31...............................36807
1006.305  Regulation at 54 FR 4950, 4956 confirmed.................21694
1006.320  Regulation at 54 FR 4950, 4956 confirmed.................21694
1006.600--1006.635 (Subpart F)  Regulation at 54 FR 4950, 4956 
        confirmed; revised..................................21688, 21694
1006  Appendix C regulation at 54 FR 4950, 4956 confirmed; revised
                                                            21690, 21694
Chapter XI
1102  Revised......................................................35898
Chapter XV
1508.305  Regulation at 54 FR 4950, 4956 confirmed.................21695
1508.320  Regulation at 54 FR 4950, 4956 confirmed.................21695
1508.600--1508.635  Regulation at 54 FR 4950, 4956 confirmed; 
        revised.............................................21688, 21695
1508  Appendix C regulation at 54 FR 4950, 4956 confirmed; revised
                                                            21690, 21695

[[Page 681]]

                                  1991

22 CFR
                                                                   56 FR
                                                                    Page
Chapter III
302.2  (a)(3)(i) and (ii) CFR correction...........................43699
Chapter V
514  Policy statement..............................................65991
514.1  Corrected....................................................8711
521  Added.........................................................25028
Chapter VI
601  Revised.......................................................13266
Chapter IX
901  Authority citation revised....................................55458
901.10  Revised....................................................55458
901.18  (c)(4) amended.............................................55458
901.20  (c) amended................................................55458
902  Authority citation revised....................................55458
902.2  (c) amended.................................................55459
903  Authority citation revised....................................55459
904  Heading and authority citation revised........................55459
904.2  (b) and (d) revised.........................................55459
904.4  Added.......................................................55459
905  Authority citation revised....................................55459
905.2  Revised.....................................................55459
906  Authority citation revised....................................55459
907  Authority citation revised....................................55459
908  Authority citation revised....................................55459
908.1  (e) removed; (f) redesignated as (e)........................55459
908.2  Redesignated as 908.3; new 908.2 added......................55459
908.3  Redesignated from 908.2; (a) revised; (c), (d), (e) and (f) 
        added......................................................55459
910  Authority citation revised....................................55460
910.1  Removed; new 910.1 redesignated from 910.2..................55460
910.2  Redesignated as 910.1; new 910.2 redesignated from 910.3....55460
910.3  Redesignated as 910.2; new 910.3 redesignated from 910.4....55460
910.4  Redesignated as 910.3; new 910.4 redesignated from 910.5; 
        heading and (b) revised....................................55460
910.5  Redesignated as 910.4; new 910.5 redesignated from 910.6....55460
910.6  Redesignated as 910.5; new 910.6 redesignated from 910.7....55460
910.7  Redesignated as 910.6.......................................55460
911  Authority citation revised....................................55460
Chapter XI
1104  Added........................................................21590

                                  1992

22 CFR
                                                                   57 FR
                                                                    Page
Chapter V
514  Policy statements.............................................46676
Chapter X
1007  Added.........................................................2837
Chapter XI
1101  Revised......................................................24945

                                  1993

22 CFR
                                                                   58 FR
                                                                    Page
Chapter III
308.14  Introductory text revised; (d) added.......................39657
309  Revised........................................................2978
Chapter V
514  Revised.......................................................15196
514.14  Eff. 9-1-94................................................15180
514.15  Eff. 9-1-94................................................15180
514.20  (j)(1) corrected...........................................48448
514.21  Correctly designated.......................................48448
514.22  (d)(1)(iv) corrected.......................................48448
514.27  (b)(2) and (e)(1) corrected................................48448
514.44  (a)(1)(iii) correctly designated...........................18305
    (a)(2) and (f)(4)(iv) corrected................................48448
Chapter VII
705  Revised; interim..............................................33320
Chapter XVII
Chapter XVII  Established..........................................57697
1701  Added.................................................57697, 57699
1701.101  Revised..................................................57697
1701.170  (c) revised..............................................57697

[[Page 682]]